Of The Vienna Convention On Consular Job Relations

Original Language Title: Of The Vienna Convention On Consular Relations

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=31379&nr=32~2F1969~20Sb.&ft=txt

32/1969 Coll.



DECREE



Minister of Foreign Affairs



of 12 October. February 1969



of the Vienna Convention on consular relations



24 September. April 1963 was negotiated in Vienna and the Vienna Convention on

consular relations.



On behalf of the Czechoslovak Socialist Republic, the Convention was signed in

New York, 31 March 2004. March 1964.



President of the Republic has ratified the Convention and the ratification instrument was

deposited with the Secretary-General of the United Nations, depositary of the

The Convention, 13 June 2005. March 1968.



Convention entered into force, pursuant to article 77 paragraph 1. 1 day 19.

March 1967. For the Czechoslovak Socialist Republic entered into

force pursuant to article 77 paragraph 1. 2 day 12. April 1968.



Czech translation of the Convention shall be published at the same time.



Minister:



Ing. Marko v.r.



The Vienna Convention



on consular relations



States that are parties to this Convention,



Recalling that, since ancient times are established consular relations

among the Nations,



Bearing in mind the objectives and principles of the Charter of the United Nations

concerning the sovereign equality of States, the maintenance of international peace and

Security and support for rapprochement between peoples,



Noting that the United Nations Conference on the

diplomatic relations and immunities adopted by the Vienna Convention on

diplomatic relations, opened for signature on 18 July 2005. April 1961



believing that an International Convention on consular relations, the privileges and

immunities will also contribute to the development of friendly relations between the peoples of the non-

regardless of the diversity of their constitutional and social establishment,



Mindful that the purpose of such privileges and immunities is not getting

of the individual, but to ensure the efficient performance of the functions of consular offices

on behalf of their States,



Affirming that the rules of customary international law will continue to be

pay in matters not expressly governed by the provisions of this

Of the Convention,



have agreed as follows:



Article 1



The definition of the



1. for the purposes of this Convention the following expressions have the following meanings:



a) "consular post" is a Consulate General, Consulate, vicekonzulát or

Consular Agency;



(b)) "consular circuit" is the territory of the specified consular post for the performance

consular functions;



(c)) "head of consular post" means the person in charge of the sending State,

to carry out obligations associated with this feature;



(d)) "consular officer" is any person, including the head of the consular

the Office, which was responsible for this function in the exercise of consular functions;



e) "consular employee" is any person employed in the

administrative or technical services of the consular office;



f) "member of the staff of the personnel" is any person employed in the domestic

consular services;



g) "members of the consular post" are consular officers, consular

employees and members of the staff of the personnel;



h) "members of the consular staff" are consular officers in addition to the

the head of the consular post, consular employees and members

service personnel;



I) "member of the private staff" is a person employed exclusively in the private

the service of a member of the consular post;



j) "consular rooms" are the buildings or parts of buildings and lands to them

belonging, used exclusively for the purposes of the consular post, without

regardless of who owns them;



k) "consular archives" includes all documents, documents,

correspondence, books, movies, recording tapes and registers of the consular

the Office, together with the ciphers and codes, filing cabinets, and any parts of the device

intended for their protection and save.



2. Consular officers are the dual category, and that consular officials from the

profession and honorary consular officers. The provisions of title II of this

The Convention shall apply to consular posts headed by consular officials from

profession, the provisions of title III shall apply to consular posts headed by

honorárními consular officials.



3. the special status of members of the consular post who are citizens of the

of the receiving State or permanently resides, is governed by article 71 of this

Of the Convention.



TITLE I OF THE



Consular relations generally



Part I



The establishment and implementation of consular relations



Article 2



Establish consular relations



1. To establish consular relations between States is carried out by mutual

by the agreement.



2. agreement to establish diplomatic relations between the two countries includes,

unless otherwise stated, i consent to establish consular relations.



3. Interruption of diplomatic relations does not include in itself the interrupt

consular relations.



Article 3



The performance of consular functions



The consular function exercised by the consular offices. It is also carrying out

diplomatic missions in accordance with the provisions of this Convention.



Article 4



The establishment of consular post



1. Consular Office may be established in the territory of the receiving State only with the

his consent.



2. the registered office of the consular post, its classification and consular circuit are

determined by the sending State and the receiving State are subject to approval.



3. additional changes to the seat of the consular post, its classification or

consular circuit can carry out only with the agreement of the sending State

of the receiving State.



4. The consent of the receiving State is also needed in the event that the

General Consulate or Consulate wants to set up a vicekonzulát or

consular agency in a place other than where it is itself set up.



5. the prior explicit consent of the receiving State is also needed

to establish offices forming part of the consular office, but located outside the

the seat of this authority.



Article 5



Consular functions



The consular function depends



and the protected interests) of the sending State and of its nationals, and

both natural and legal persons, in the receiving State in

extent permitted by international law;



(b)) to support the development of commercial, economic, cultural and scientific

relations between the sending State and the receiving State, and in other developing

rapprochement between them in conformity with the provisions of this Convention;



(c)) in the survey on the situation and development of commercial, economic, cultural and

the scientific life of the receiving State all lawful means and in

reporting about the Government of the sending State and information

the interested persons;



(d)) on the issue of passports and travel documents to Government

nationals of the sending State or of the relevant documents and visas to persons

who wish to travel to the sending State;



(e)) in the provision of assistance and support to nationals of the sending

State, both physical and legal persons;



(f)) in the implementation of the functions of a notary, civil registrar and similar functions, and

in the performance of some of the functions of an administrative nature, provided that this

It is not contrary to the laws and regulations of the receiving State;



g) in safeguarding the interests of nationals of the sending State, both physical and

legal persons in matters of inheritance in the territory of the receiving State, and

in conformity with the laws and regulations of the receiving State;



h) in safeguarding the interests of minors and other persons not carrying the full

capacity who are nationals of the sending State,

the scope of the laws and regulations of the receiving State, in particular in the

cases, where it is due to these persons requesting guardianship or

guardianship;



I) in representation of nationals of the sending State or, in the

ensuring a suitable representation before courts and other authorities

of the receiving State, while maintaining the practice and procedural regulations

in the receiving State in order to reach a provisional measures to

protection of the rights and interests of such nationals in accordance with the laws and

regulations of the receiving State in cases where, due to the absence of

or for other reasons, the nationals are not in a position to take the

in time defending their rights and interests;



(j)) in the service of judicial and extrajudicial documents or in the handling of

request or credentials to evidence for the courts of the sending State

in conformity with applicable international agreements or, if such

international agreements do not exist, in any other way that is in accordance with the

the laws and regulations of the receiving State;



in the exercise of the right to) supervision and inspections provided for by laws and regulations

of the sending State in respect of vessels having the nationality of the sending

the State of aircraft registered in that State and their crew;



l) in providing assistance to ships and aircraft referred to in subparagraph k)

This article and their crews, to receive reports of cruises

the ship, controlling and vidování the ship's documents, and without

without prejudice to the competence of the authorities of the receiving State in the investigation of all

accidents that occurred during the voyage, and in resolving disputes of all kinds between

the captain, officers and sailors, if permitted laws and

the legislation of the sending State;



m) in the implementation of the other functions conferred on the consular post of the sending State

the State, which are not prohibited by the laws and regulations of the receiving State

or against whom a receiving State raises no objection or that are


listed in international agreements in force between the sending State and

the beneficiary State.



Article 6



The performance of consular functions outside the consular circuit



Consular officer may, in special cases, to carry out, with the consent

of the receiving State its functions outside the consular district.



Article 7



The performance of consular functions in a third State



The sending State may, after having informed the States concerned, to instruct

consular post in a given State, the exercise of consular functions in another

State, if any of the States concerned against it is expressly raised

objections.



Article 8



The performance of consular functions in a third State



Consular post of the sending State may, after having informed the

of the receiving State to exercise, if the receiving State raises no objection,

consular functions in the receiving State, third State.



Article 9



Heads of consular posts class



1. The head of the consular offices are divided into four classes, namely:



and consuls-general;)



(b)) consular officers;



(c)) vicekonzulové;



d) consular agents.



2. paragraph 1 of this article shall not limit in any way the competence of

any contracting party to provide for the rank of consular officials in addition to

the rank of the heads of consular posts.



Article 10



Appointment and acceptance of the heads of consular posts



1. The head of the consular offices are appointed by the sending State and

recruited to discharge its functions, the receiving State.



2. the provisions of this Convention, while maintaining the formalities of appointment and

the adoption of the heads of consular posts governed by the laws, regulations and practices

the sending or the receiving State.



Article 11



Konzulský patent or the notification of the appointment



1. The sending State shall head of consular post to annotate document

in the form of a patent or similar document made out to each

appointment especially that certifies its function and in which it is stated

as a rule, his full name, category and class, consular circuit and the seat of the

the consular office.



2. The sending State shall send to the patent document or a similar diplomatic

or other appropriate way to the Government of the State in whose territory the head

consular office to carry out their functions.



3. The sending State may, with the consent of the receiving State to send

the beneficiary State instead of a patent or similar document notification

containing the information required in paragraph 1 of this article.



Article 12



Exekvatur



1. the head of the consular office are able to perform their functions on the

the basis of the consent of the recipient State, called the exekvatur, whether

form of consent.



2. A State which refuses to provide a exekvatur, it is not obliged to inform the

sending State the reasons for its refusal.



3. With the exception of the provisions of articles 13 and 15, the head of consular post

takes up its functions, if it does not receive exekvatur.



Article 13



The provisional acceptance of the head of consular post



The delivery of the exekvatur head of the consular post may be admitted to

performance of their duties on a provisional basis. In that case, they will use

the provisions of this Convention.



Article 14



Notify the authorities of the consular circuit



As soon as the head of the consular office if only provisionally adopted by the

the performance of its functions, the receiving State shall notify immediately the competent

the authorities of the consular district. Also ensure that the implementation of the necessary measures,

to the head of the consular office to exercise the obligations arising from the

its authority and to enjoy the benefits arising from the provisions of this Convention.



Article 15



Temporary exercise of functions of the head of consular post



1. In the case that the head of the consular post it is not in a position to exercise its

function or the head of consular post is uprázdněno, can

the temporary head of the authority on a provisional basis to act as the head of the consular

the Office.



2. The diplomatic mission of the sending State, or if the State does not have a

such a mission in the receiving State, the head of the consular post or,

If it is not in a position to do so, any competent authority of the sending State

must inform the Ministry of Foreign Affairs of the receiving State or the

the authority designated by that Ministry's full name a temporary head of

the Office. This communication must normally be made in advance. The beneficiary State

can bind the adoption of temporary head office, if it is not a

the diplomatic representative or consular official of the sending State in the

the receiving State, on their agreement.



3. the competent authorities of the receiving State shall provide the temporary Manager

Office assistance and protection. If the authority, subject to the provisions of

This Convention on the same basis as the head of the competent

the consular office. The beneficiary State is not obliged to provide

the temporary head of the Office, no benefits, privileges and immunities, which the head of the

consular post shall enjoy only as a result of the conditions that the temporary

the head office does not meet the.



4. If, in the circumstances referred to in paragraph 1 of this article the

of the diplomatic staff of the diplomatic mission of the sending State is in

the receiving State entrusted with the sending State the functions of the temporary

the head of the Office, will be, if the beneficiary State against objects

objections continue to enjoy diplomatic privileges and immunities.



Article 16



The order of the heads of consular posts



1. the head of consular offices will have order in each class by date

grant exekvatur.



2. in cases where the head of the consular office before receiving

exekvatur admitted to the performance of their duties on a provisional basis, but will be his

the order determined by the date the provisional acceptance; This order will be

retained after the grant of exekvatur.



3. the order between two or more heads of consular posts, who

exekvatur or provisional acceptance have received on the same day, is determined

According to the date of delivery of their patents or similar documents or

the notification referred to in paragraph 3 of article 11 to the beneficiary State.



4. the Temporary head of the offices have the order for all heads of consular

authorities and among themselves according to the date the temporary takeover of the functions of the head of

the Office, as outlined in the communications transmitted under paragraph 2 of article

15.



5. Honorary consular officers, who are the heads of consular

authorities, have the order in each class after the heads of consular posts from

profession, according to the rules referred to in the preceding paragraph.



6. the head of consular offices to order before the consular officials

non-residents such status.



Article 17



The performance of diplomatic acts by consular officers



1. In the State in which the sending State does not have a diplomatic mission and is not

represented by a diplomatic mission of a third State, the consular officer may be

entrusted with the performance of diplomatic acts with the consent of the receiving

State. Consular Office of the consular officer the status does not change. The performance of the

such acts does not give him the right to seek diplomatic privileges and

immunities.



2. the consular officer may, after notification to the beneficiary State

perform the functions of a representative of the sending State for any intergovernmental

the organization. In exercising this function, he is entitled to enjoy all the privileges and

immunities provided such representatives on the basis of international law

customary international law or international agreements; in relation to the performance of their

consular functions will not be entitled to benefit from any of the larger exemption

from the jurisdiction, than on what has the right to consular officer in accordance with this

Of the Convention.



Article 18



The appointment of the same person to the consular officer of two or more States



Two or more States, with the consent of the receiving State may designate the

the same person to the consular officer in the receiving State.



Article 19



Appointment of members of the consular staff



1. While retaining the provisions of articles 20, 22 and 23 May, the sending State

free to appoint members of the consular staff.



2. The sending State shall notify the beneficiary State the full name, category

and the class of all consular officials in addition to heads of consular posts

so that that State had plenty of time to do, if it so wishes, their

the rights referred to in paragraph 3 of article 23.



3. The sending State may, if required by its laws and regulations,

ask the receiving State to provide consular officer, exekvatur

that is not the head of the consular office.



4. the receiving State may, if required by its laws and regulations,

provide exekvatur consular official, who is not the head of the

the consular office.



Article 20



The scope of consular staff



If there is no explicit agreement on the scope of the consular staff, the

the receiving State may require that the staff was maintained in the range limits,

that he himself considered to be reasonable and customary in the light of the circumstances and the

conditions in the consular district and to the needs of the competent consular

the Office.



Article 21



The order of the consular officials of the consular post



The order of the consular officials of the consular post and its changes to announce

the diplomatic mission of the sending State, or, if the State does not have such a

Mission in the receiving State, the head of the consular office of the Ministry of

Foreign Affairs of the receiving State or the authority designated by that

the Ministry.




Article 22



Citizenship consular officials



1. Consular officials to be in principle nationals of

of the sending State.



2. Consular officials may not be appointed from among nationals of the

of the receiving State, unless that State not express consent;

This consent may be withdrawn at any time.



3. the receiving State may reserve the same right, in terms of State

third-country nationals who are also nationals of the

of the sending State.



Article 23



Persons declared non grata



1. the receiving State may at any time notify the sending State that the

consular officer is persona non grata or that any other Member of the

the consular staff is unacceptable. In this case, the sending

State according to circumstances, either such person revokes, or terminates its

function of the consular post.



2. If the sending State refuses or neglects to provide within a reasonable time

to comply with their obligations under paragraph 1 of this article may

the beneficiary State according to the nature of the case, either revoke the exekvatur

person, or stop it as a member of the consular staff.



3. A person appointed by a member of the consular post may be

declared inadmissible before it arrives on the territory of the receiving

State, or, if already in its territory, before taking up his functions on the

the consular office. In each such case, the sending State shall take

the appointment back.



4. In the cases referred to in paragraphs 1 and 3 of this article is not

the beneficiary State shall be obliged to communicate to the sending State the reasons for its

decision.



Article 24



The notification to the beneficiary State on the appointment, arrival and departure



1. Ministry of Foreign Affairs of the receiving State or authority in this

the Ministry will notify the designated:



and the appointment of members of the consular post), their arrival after the appointment of the

consular post, their final departure or the termination of their functions

and all other changes that affect their status and that can

occur during their service to the consular post;



(b) the arrival and final departure of the) family member

consular post, who lives in a common household, and, where

it applicable, cases where a person becomes or ceases to be a

in such a family member;



(c) the arrival and final departure) of the members of the private staff and, where

It's appropriate, the termination of their service;



d) employment and the release of people settled in the receiving State, unless

as for members of the consular post, or members of the private staff

enjoying privileges and immunities.



2. arrival and departure will be ultimate, if possible, also notify the

in advance.



Part II



Their consular functions



Article 25



The end of the functions of a member of the consular post



A member of the consular post ends, among other things:



notification of the posting State) to the beneficiary State, that the member function

consular post have ended,



(b) by reference, exekvatur)



(c) the receiving State) by a notice that the sending State to the receiving

It ceased to be regarded as a State member of the consular staff.



Article 26



Departure from the territory of the receiving State



The receiving State will provide, even in case of armed conflict,

members of the consular post and members of the private staff, unless the

nationals of the receiving State, and members of their families

living in a common household with them, regardless of their State

the jurisdiction of the necessary time and assistance to enable them to prepare departure and

leave as soon as possible after the termination of their functions. In particular, in the

If necessary, make available the necessary means of transport for the

persons and their property, except for property acquired by the receiving

State, the export of which is prohibited at the time of departure.



Article 27



Protection of consular offices and archives, and the interests of the sending State for the

exceptional circumstances



1. in the case of interruption of consular relations between the two States:



and the receiving State) even in the event of armed conflict to respect the

and protect the consular rooms along with the property of the consular post, and with

the consular archives;



(b)) the sending State may entrust the custody of consular room along with

the property, which is located in them, and the consular archives third

State acceptable to the receiving State;



(c)) the sending State may entrust the protection of its interests and the interests of their

nationals to a third State acceptable to the receiving State.



2. in the case of the temporary or permanent closure of the issuing consular office shall apply

the provisions of subparagraph



a) of paragraph 1 of this article. Out of it



and if) the sending State in the receiving State, thanks to a

the diplomatic mission has a different consular post in the territory of that State, may

This consular office room care closed

consular office together with the property and with the consular archives, which are

in the present, and with the consent of the receiving State performance

the consular functions in the circuit of the consular consular post

or



(b)) in the event that the sending State has no diplomatic mission and other

consular office in the receiving State, the provisions of subparagraphs (b)), and

(c)), paragraph 1 of this article.



TITLE II



The advantages, privileges and immunities of consular offices, consular officials from the

profession and other members of the consular post



Part I



Benefits, privileges and immunities of consular post



Article 28



Facilitate the work of consular post



The receiving State shall facilitate the exercise of the functions in full consular office.



Article 29



The use of the national flag and State emblem



1. The sending State shall have the right to use its own flag and coat of arms in the

the receiving State, in conformity with the provisions of this article.



2. the national flag of the sending State may be posted up, and coat of arms

located on the building of the consular post and its entrance, on the residence

the head of the consular post and its means of transport, when the

they are used to service purposes.



3. In the exercise of the rights of this article it is necessary to take into account the laws,

the rules and practices of the receiving State.



Article 30



The location of the



1. the receiving State shall facilitate within its territory in accordance with its laws and

regulations of the sending State to obtain the room necessary for its

consular post or help him raise objects to another location

way.



2. If necessary, helps also when you obtain a consular post

suitable accommodation for its members.



Article 31



The inviolability of consular Chambers



1. the Consular premises are inviolable in the scope specified in this

article.



2. the authorities of the receiving State may not enter into that part of the consular

the room, which is used exclusively for the work of the consular

the Office, but with the consent of the head of the consular office or its agent

or the head of the diplomatic mission of the sending State. In case of fire

or other disaster that requires immediate protective action may be

assume that consent was given to the head of the consular office.



3. While maintaining the provisions of paragraph 2 of this article, the beneficiary

State special duty to take all reasonable measures to protect the

consular rooms against any assault or damage and to

prevents any disturbance of peace consular post or injury to his

dignity.



4. the Consular premises, their equipment, property and consular office

his means of transport are not subject to any form of requisitions for the purposes

National Defense or public needs. If it is necessary to perform their

for the purpose of expropriation, must be taken all possible steps

in order to avoid disruption of the exercise of consular functions, and sending

the State must be paid to the immediate, adequate and effective compensation.



Article 32



The tax exemption of consular Chambers



1. Consular residence room and the head of the consular office of the

the profession, which is the sending State or any person acting on its

on behalf of the owner or lessee shall be exempt from all national,

regional or local taxes and fees, with the exception of charges

levied for the provision of services.



2. the Tax exemption referred to in paragraph 1 of this article does not apply

taxes and fees, which, according to the law of the receiving State pay

persons entering into a contractual relationship with the sending State or with the person

acting on its behalf.



Article 33



Inviolability of the consular archives and documents



The consular archives and documents are always and everywhere be inviolable.



Article 34



Freedom of movement



Subject to the laws and regulations of the areas to which access is disabled

or modified for reasons of State security, the receiving State shall ensure to all

members of the consular post of the freedom of movement and travel in its territory.



Article 35



Freedom connection



1. the receiving State shall permit and protect the freedom to join the consular

the authority for all official purposes. In conjunction with the Government, the diplomatic


missions and other consular authorities of the sending State, whether they are

anywhere, can post to use all appropriate means, including

diplomatic and consular couriers, diplomatic and consular

luggage and encoded or encrypted messages. Radio broadcasting

However, the consular post may station to set up and use only with the consent of

of the receiving State.



2. The official correspondence of the consular office shall be inviolable. Official

correspondence means all correspondence related to

consular post and its features.



3. the Consular bag shall not be opened or detained nor. In the case of

whereas the competent authorities of the receiving State have serious reasons to

considered that the bag contains something other than correspondence,

documents or articles referred to in paragraph 4 of this article may, however,

request that baggage in their presence opened the responsible representative

of the sending State. The authorities of the sending State, if such a request is

they refuse, the luggage to the place where it comes from.



4. shipment making up the consular bag shall be labelled with a clear

external indication of their character and may contain only official

correspondence and documents or articles intended exclusively for official

the use of the.



5. the Consular courier shall be provided with an official Charter to indicate its

the status and the number of packages constituting the consular bag. Without the consent of

the receiving State shall not be a national of the receiving

State, even if it is not a national of the sending State, person

permanently resident in the receiving State. In the performance of their functions, shall enjoy

protection of the receiving State. The consular courier shall enjoy personal

inviolability and shall not be in any way imprisoned or detained.



6. The sending State, its diplomatic mission and consular posts

may designate consular couriers ad hoc. In that case, the provisions of

paragraph 5 of this article, with the immunity that are listed there,

cease to apply as soon as the courier shall surrender the payee of the consular

luggage, which was in charge of.



7. the Consular bag may be entrusted to the captain of the ship or the civil

the aircraft has to land at the airport of entry permitted. The captain will be

equipped with authentic instrument indicating the number of parcels making up the consular

baggage, however, will not be treated as a consular courier. After discussion

with the relevant local authorities of the consular post may send one of

of its members, to take over the bag directly and freely given from the captain

ship or aircraft.



Article 36



Connection and contact with nationals of the



1. In order to facilitate the performance of consular functions relating to public

nationals of the sending State:



a) consular officers shall have the right to a connection with the nationals of the

the sending State and to have access to them. Nationals of the sending

the State shall have the same right as regards the connection with the consular officials

the sending State and of access to them;



(b)), the competent authorities of the receiving State shall, without delay, inform the

consular post of the sending State for cases where in his consular

the judge of the nationality of the sending State was arrested, imprisoned, and put to

binding or detained in any other way, provided that that national

so requests. Also each message you have designated for the consular post by the person

that was arrested, is in prison, in custody or detained, shall deliver

the said authorities without delay. These authorities must, without delay, inform the

the person that is concerned about its rights, which, in this

subparagraph;



c) consular officers shall have the right to attend nationals

of the sending State who is in prison, custody or detention, are to

with them can speak, write and to ensure their legal representation.

Also have the right to visit any national of a

of the sending State who is in prison, in custody or is locked in

their place on the basis of the judgment. However, the consular officer shall refrain from

acting on behalf of a national who is in prison, custody or is

held, in the case that a national against such negotiations

expressly raises their objections.



2. the rights referred to in paragraph 1 of this article shall be exercised in accordance

the laws and regulations of the receiving State, provided, however, that the

laws and regulations will enable the full realization of the objectives for which it was the law of

granted under this article.



Article 37



Information in cases of death, guardianship or custody,

shipwreck and air accidents



The competent authorities of the receiving State, they have the necessary

the information is required to:



a) in case of death of a national of the sending State to notify

the consular authority without delay, in the place where the death occurred;



(b)) to inform the competent consular post without delay all cases

When it appears that the provisions of the guardian or guardian is in the interest of

the young person or other persons lacking full fitness, who are

nationals of the sending State. Submission of this information does not

However, the effect on the efficacy of the laws and regulations of the receiving State

the provisions of the guardian or guardian;



(c) submit a report without delay) consular office that is closest to

the place of the event, in the case of a ship having the nationality of the sending State

shipwrecked or stranded in coastal or inland waters of the receiving

State or that the aircraft registered in the posting State affecting the accident

on the territory of the receiving State.



Article 38



Conjunction with the authorities of the receiving State



Consular officers may exercise their functions to turn



and the relevant local authorities) to its consular circuit;



(b)) to the central competent authorities of the receiving State, if it is allowed to

laws, regulations, and practices of the receiving State or the competent

international agreements, to the extent permitted by them.



Article 39



Consular fees and benefits



1. Consular post for consular acts to choose from on the territory

the beneficiary State fees and benefits provided for by the laws and regulations

of the sending State.



2. the amounts collected in the form of fees and charges referred to in paragraph 1. 1 of this

Article and receipts of payment are exempt from all taxes and

benefits in the receiving State.



PART II



The advantages, privileges and immunities of consular officials from the profession and other

members of the consular post



Article 40



Protection of consular officials



The receiving State shall treat consular officers with due respect

and shall take all appropriate measures to prevent any attack against the

the person, freedom or dignity.



Article 41



Personal inviolability of consular officers



1. Consular officers shall not be arrested or taken into custody, but in

the case of a felony, and, on the basis of the decision of the competent court

authority.



2. except in the case referred to in paragraph 1 of this article shall not be

consular officers trapped or must not be limited to their personal

freedom, but in the exercise of a court decision that has come into legal force.



3. the consular officer must appear before the competent authorities in the case,

that is a criminal investigation is opened against him. However, the management will be carried out

with due regard to his person, justified by his official post,

and with the exception of the case referred to in paragraph 1 of this article, in a way,

that would be the least disturbing the exercise of consular functions. In the case that a

the circumstances referred to in paragraph 1 of this article, you must take

the consular officer into custody proceedings must be instituted against him in

as soon as possible.



Article 42



Notification of arrest, detention or prosecution



The receiving State shall without delay inform the head of the consular office in

where is a member of the consular staff arrested, taken into custody

or when is the initiated criminal proceedings against him. If you are referred

measures relate to the head of the consular post, the receiving State

inform the sending State through diplomatic channels.



Article 43



The exclusion from the jurisdiction of



1. in respect of acts done in the exercise of consular functions,

consular officers and consular employees are not subject to the jurisdiction of the

the judicial and administrative authorities of the receiving State.



2. The provisions of paragraph 1 of this article shall not apply to civil

legal proceedings:



and) arising out of the contract to the consular officer or

consular employee expressly or obviously nesjednal as

a representative of the sending State; or



(b)) initiated by a third party in the event of damages incurred in the receiving State

from an accident caused by a vehicle, boat or plane.



Article 44



The obligation to give evidence



1. members of the consular post may be invited to appear as a

the witnesses during court or administrative proceedings. Consular

an employee or member of the service staff shall not, except in cases

referred to in paragraph 3 of this article refuse to give evidence. In

If they do, the consular officer may not be invoked against him


any enforcement action or penalty.



2. the requesting Authority from the consular officer's testimony shall refrain from

interference in the exercise of its functions. Where possible, it may take

testimony at his residence or at the consular post or to take from

his written testimony.



3. members of the consular post shall not be required to submit testimony

regard to the matters connected with the exercise of their functions or to submit

official correspondence and documents related to these things. They are also

authorized to refuse to give evidence as witnesses on the right znalečtí

of the sending State.



Article 45



Waiver of privileges and immunities



1. The sending State may for members of consular office give up any

the privileges and immunities referred to in articles 41, 43 and 44.



2. the waiver of privileges and immunities shall in all cases, with the exception of

in the case referred to in paragraph 3 of this article, it must be explicit and

communicated in writing to the beneficiary State.



3. If a consular officer or consular employee starts

proceedings in the case, in which benefited from immunity from jurisdiction under article 43,

cannot invoke immunity from jurisdiction in respect of actions

directly connected with the principal claim.



4. Give up the immunity from jurisdiction in matters of civil or administrative

It does not mean to give up the immunity in respect of enforcement power

the judgment; It is necessary to give up separately.



Article 46



Exemption from registration of aliens and residence permits



1. Consular officers and consular employees and members of their families

living in a common household with them are exempt from all obligations

imposed the laws and regulations of the receiving State concerning the

registration of aliens and residence permits.



2. The provisions of paragraph 1 of this article shall not apply to consular

employees who are not employees of the sending State or

who perform private gainful occupation in the receiving State, and to

their family members.



Article 47



Exemption from work permit



1. members of the consular post shall, with respect to services performed for

the sending State be exempt from all obligations relating to the authorization to

desired employment laws and regulations of the receiving State to

the employment of foreign labour.



2. the members of the private staff of consular officers and consular

employees are exempt from the obligations referred to in paragraph 1 of this

article in the event that they do not exercise any other gainful occupation in

the receiving State.



Article 48



Exemption from social security



1. While retaining the provisions of paragraph 3 of this article are members of the

consular office in terms of the services that they perform for the sending

State, and members of their families living with them in the same household

be exempt from social security provisions which are in force in the receiving

State.



2. The exemption referred to in paragraph 1 of this article shall also apply to the members of the

private staff who are employed only for members of the consular

authority, provided that:



a) that they are not nationals of the receiving State or in the

permanently settled and



(b)) that they are subject to the social security legislation in force in the

the posting or in a third State.



3. members of the consular post of employing persons with

not covered by the exemption referred to in paragraph 2 of this article must comply with the

the obligations imposed on employers the provisions on social

the security of the recipient State.



4. The exemption referred to in paragraphs 1 and 2 of this article shall not preclude the

voluntary participation in the social security system of the receiving State

provided, that the participation of the beneficiary State permits it.



Article 49



Exemption from taxation



1. Consular officers and consular employees and their family

members living in the same household with them are exempt from

all taxes and fees, personal or material, national,

regional or local with the exception of:



a) indirect taxes, which are usually included in the price of the goods or

the services;



(b)) taxes and fees from private real estate on the territory of the receiving

State, subject to the provisions of article 32;



c) survivors ' or probate fees and charges of the transfer of assets

levied by the receiving State, subject to the provisions of paragraph (b))

Article 51;



d) taxes and fees from the private income, including a return on capital,

that has its source in the receiving State, and from property taxes

applicable to investments in commercial or financial

enterprises in the receiving State;



e) charges levied for the provision of services;



f) registration, legal, documentary, mortgage and kolkových

fees, subject to the provisions of article 32.



2. the members of the staff of the personnel shall be exempt from taxes and charges on

the wages they receive for their services.



3. members of the consular post who employ persons whose wages

or salaries shall not be exempted from income tax in the receiving State, it must

to fulfill the obligations that the laws and regulations of this State

employers in connection with the collection of income tax.



Article 50



Exemption from customs levies and tours



1. the receiving State shall be in conformity with the laws and regulations, receives,

permit the importation and provide exemption from all customs duties, taxes and

with the related charges other than charges for storage, cartage and

similar services:



and) in articles intended for official use of the consular office;



(b)) in articles intended for personal use by consular officials and

members of their families living with them in the same household,

including articles intended for their initial device. Articles intended

for consumption shall not exceed the amount necessary for direct consumption

of the persons concerned.



2. Consular employees shall enjoy the privileges and exemptions in

paragraph 1 of this article, in respect of articles imported at the time of their

first coming to the Office.



3. Personal baggage accompanying consular officers and their family

members living in the same household with them are exempt from

tours. May be inspected only if there are serious reasons

to believe that they contain objects other than referred to in subparagraph (b))

paragraph 1 of this article, or articles the import or export of which is

banned by the laws and regulations of the receiving State or which are subject to

its quarantine laws and regulations. The said inspection must be

performed in the presence of the consular officer or his family

Member.



Article 51



The assets of a member of the consular post or of his family



The beneficiary State in the event of the death of a member of the consular post or of a Member

his family living with him in the same household



and) shall authorise the export of movable property of the deceased, with the exception of property that

has been obtained in the receiving State and the export of which was prohibited at the time of his

death;



(b)) will not levy national, provincial or local survivors ' or

probate fees and charges of the transfer of assets in respect of movable

the property, which was in the territory of the receiving State only as a result of the stay

late in that State as a member of the consular post or of a family

a national of a member of the consular post.



Article 52



Exemption from personal services and obligations



The receiving State shall exempt members of the consular post and their family

members living in the same household with them from all personal

services, all to public services of all kinds and from military

obligations, such as requisitions, military contributions and accommodation.



Article 53



Beginning and end of consular privileges and immunities



1. Each member of the consular post will enjoy the privileges and immunities referred to

in this Convention since its entry into the territory of the receiving State for the

the purpose of taking their office or, if already in its territory, since the

When taking up his duties to the consular post.



2. a member of the consular post of the family members living with him in the

common household and members of his private staff shall enjoy the

the privileges and immunities referred to in this Convention as from the date when the Member

consular post shall enjoy the privileges and immunities referred to in paragraph 1 of this

Article, or from the date of their entry into the territory of the receiving State or the

the date on which they become members of his family or members of its

private staff, whichever day is later.



3. When finished a member of the consular post, ending his privileges and

immunities and privileges and immunities of the Member of his family living with him in the

common household or a member of his staff, and it usually

at a time when the person concerned leaves the receiving State or after

the expiry of a reasonable period in which to leave the country, depending on what

before this time, however, persists even in the event of armed

the conflict. The privileges and immunities of persons referred to in paragraph 2 of this article

they end up at a time when these people cease to belong to the household, or

leave the service for a member of the consular post, but in the case that


those persons they intend to leave after receiving State within a reasonable time,

their privileges and immunity persists until their departure.



4. With regard to acts carried out by the consular officer or

consular employee in the performance of their functions, however, will take their

the exclusion from the jurisdiction without a time limit.



5. in case of death of a member of the consular post will be his family

residing in the same household with him continue to enjoy the privileges

and immunities attributed to them, until such time as they leave the receiving State or the

of expiry of the reasonable period of time to allow them to do so, according to

What is the sooner.



Article 54



The obligations of third States



1. in the event that the consular officer passes through the territory of a third State,

which issued the visa, if needed, or resides in its territory,

in order to take over his Office, or go back to their office or

of the sending State, shall provide it with all the immunities of third State needed to

to ensure his transit or return that he is entitled under other

the articles of this Convention. The same applies if any of his family

residing in the same household with him and rejected

such privileges and immunities that accompanies the consular officer or

traveling alone to join him or to return to the sending

State.



2. In circumstances similar to those listed in paragraph 1 of this

Article, the third State to defend its own territory in transit through the other

members of the consular post or of their families living with

them in the same household.



3. third States shall provide to the official correspondence and other official

communication in transit, including the encoded and encrypted messages, the same

freedom and the protection that the beneficiary State is obliged to provide under

of this Convention. Provide consular couriers who got a visa if

is visa needed, and luggage in transit the same consular

integrity and protection that is required to provide pursuant to this

Convention, the receiving State.



4. the obligations of third States under paragraphs 1, 2 and 3 of this article shall

apply to persons that are listed in those paragraphs and to the

official communications and consular bags, which they get to the territory of the

a third State as a result of force majeure.



Article 55



Observance of the laws and regulations of the receiving State



1. Without prejudice to their privileges and immunities, it is the duty of all persons

enjoying privileges and immunities as regards laws and regulations of the receiving State.

They also have a duty to not interfere in the internal affairs of the recipient

State.



2. Consular rooms should not be used in a manner that would be in the

conflict with the exercise of consular functions.



3. The provisions of paragraph 2 of this article shall not preclude the ability to place

the offices of institutions or organisations in other parts of the building in which they are

consular premises, provided that the room that they are

intended, are separated from rooms used by the consular office. In

this case will not be referred to the Office to consider for purposes of this

Part of the Consular Convention rooms.



Article 56



Insurance against damage to third parties



Members of the consular post will take care of the obligations imposed laws and

regulations of the receiving State with regard to insurance against damage

caused to third persons in the service of a vehicle, ship or aircraft.



Article 57



Special provisions concerning private gainful occupation



1. Consular officials from the profession will not be in the receiving State

exercise for personal profit any professional or commercial

activity.



2. the privileges and immunities referred to in this title shall not provide:



and consular employees or members) of professional staff who

carry out any gainful occupation in the receiving State;



(b)) to the family members of persons referred to in subparagraph (a)) of this

paragraph, or members of the private staff;



c) family members member of the consular post who themselves

carry out any gainful occupation in the receiving State.



TITLE III



The position of the honorary consular officers and consular authorities

led by these officials



Article 58



General provisions about the benefits, privileges and immunities



1. articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of article 54 and

paragraphs 2 and 3 of article 55 apply to consular posts headed by

honorary consular officer. In addition, benefits, privileges and

immunity of consular authorities governed by articles 59, 60, 61 and 62.



2. articles 42 and 43, paragraph 3 of article 44, articles 45 and 53 and paragraph 1

Article 55 apply to honorary consular officers. In addition, the

the advantages, privileges and immunities of consular officials governed by articles 63,

64, 65, 66 and 67.



3. the privileges and immunities referred to in this Convention are not members of the family

members of the honorary consular officer or consular

staff employed at the consular post maintained by the Honorary

the consular official.



4. sending consular baggage between the two consular authorities

located in different States and led by honorárními consular

officials is not allowed without the consent of both of the relevant beneficiary

States.



Article 59



Consular protection of rooms



The receiving State shall take such measures as are necessary to protect

consular consular office led by honorary rooms

the consular officer from attack or damage and to prevent the

prevent interference peace consular post or injury to his

dignity.



Article 60 of the



Exemption from taxation, consular Chambers



1. Consular room maintained by the honorary consular office

the consular officer, which is the sending State by the owner or

the lessee shall be exempt from all national, regional or

local taxes and charges of any kind other than those which are collected for

the provision of services.



2. the exemption from taxation referred to in paragraph 1 of this article shall

does not apply to taxes and fees, which are based on laws and regulations

of the receiving State to pay persons entering into a contractual relationship with the

sending State.



Article 61



Inviolability of the consular archives and documents



The consular archives and documents held by the honorary consular office

the consular officer are always and everywhere be inviolable, provided

they are stored separately from other papers and documents, and in particular

from the private correspondence of the head of the consular post, and all people,

that work with him, and from the materials, books and documents relating to the

their profession or trade.



Article 62



Exemption from customs levies



The receiving State will be in conformity with the laws and regulations, which shall adopt,

permit the importation and provide exemption from all customs duties, taxes and

with the related charges other than charges for storage, cartage and

a similar service for items listed below, provided that they are intended

for official use consular office maintained by the honorary consular

officer; This applies to public characters, flags, vývěsných, seals and

stamps, books, official printed matter, official, official equipment and furniture

similar articles supplied by sending State or on the initiative of its

consular post.



Article 63



Criminal proceedings



Honorary consular officer must appear before the competent authorities,

If a criminal investigation is opened against him. However, the management will be carried out

with due regard to his person, justified by his official post,

and if it is not under arrest or in custody, in a way that would least

undermine the performance of consular functions. If you need to take the Honorary Consul

in custody proceedings must be initiated against him as soon as possible.



Article 64



Honorary consular protection officials



The receiving State has the obligation to provide consular honorárnímu

official protection required by his official position.



Article 65



Exemption from registration of aliens and residence permit



Honorary consular officers, if not for my personal gain

any professional or commercial activity in the receiving State,

are exempt from all obligations imposed on the laws and regulations

of the receiving State concerning the registration of aliens and residence permits.



Article 66



Exemption from taxation



Honorary consular officer is exempt from all taxes and levies

remuneration and the revenues it receives from the sending State due to the performance

consular functions.



Article 67



Exemption from personal services and obligations



The receiving State shall exempt honorary consular officers from all

personal service, all public services of all kinds and from military

obligations, such as requisitions, military contributions and accommodation.



Article 68



The optional nature of the institution of honorary consular officials



Each State has the right freely to decide whether to appoint or

to receive the honorary consular officers.



TITLE IV



General provisions



Article 69



Consular officers, who are not heads of consular posts




1. each State has the right freely to decide whether to establish or

allow the consular agency managed consular managers,

that the sending State was not the heads of consular posts.



2. The conditions under which the consular agency referred to in paragraph 1

This article may carry out their activities, and the privileges and immunities

which will benefit from the consular officers, which the Agency has been

entrusted, shall be determined by agreement between the sending and the receiving

by the State.



Article 70



The performance of consular functions by diplomatic missions



1. the provisions of this Convention shall apply, if the connection is allowed

also on the performance of consular functions by diplomatic missions.



2. The names of members of a diplomatic mission responsible for the work in the consular

departments or otherwise responsible for the performance of consular functions, the mission is

to be notified to the Ministry of Foreign Affairs of the receiving State or the

the authority designated by that Ministry.



3. in the performance of consular functions of the diplomatic mission may refer to:



and of the consular authorities) to a local circuit;



(b)) on the central authorities of the receiving State, if it is allowed by the laws,

the rules and practices of the receiving State or the competent

international agreements.



4. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2

This article will continue to manage the rules of international law

relating to diplomatic relations.



Article 71



Citizens of the receiving State and persons permanently settled in it



1. Consular officers who are nationals of the receiving

the State or are permanently settled in it, enjoy, if they are receiving

the State does not provide additional benefits, privileges and immunities, the only exemption from

jurisdiction and personal inviolability in respect of official acts

made in the exercise of their functions and prerogatives, referred to in paragraph 3

Article 44. With regard to those consular officials, the receiving

the State is also bound by the obligation laid down in article 42. If it is against the

referred to consular officer initiated criminal proceedings, it will be with

except in the case that the officer is under arrest or in custody, perform

in a way that would least undermine the performance of consular functions.



2. the other members of the consular post who are nationals of

of the receiving State or has permanently settled, and the members of their

families, as well as family members, consular officials referred to in

paragraph 1 of this article shall enjoy benefits, privileges and immunities only in

the extent to which the receiving State will provide for them. Members of the family

members of the consular post and members of the private staff who are

own nationals of the receiving State or are permanently

staid, also enjoy the benefits, privileges and immunities only to the extent that they

the receiving State will provide for them. However, the beneficiary State shall exercise

its jurisdiction over those persons in such a way as to

does not obstruct the performance of the functions of the unjustifiably consular office.



Article 72



Prohibition of discrimination



1. in implementing the provisions of this Convention will not amount to the beneficiary State

the difference between individual States.



2. For discrimination, however, is not considered:



and if the receiving State) performs some of the provisions of this Convention in

a limited range because it is to a limited extent also performs towards his

Mission in the State of the sending State;



b) if based on customs or according to the agreement, the States

provide more favourable treatment than what is required by the provisions of the

of this Convention.



Article 73



Relationship between this Convention and other international agreements



1. The provisions of this Convention shall not affect other international agreements,

which are in force between the Contracting States.



2. nothing in this Convention shall prevent States to negotiate

international agreements confirming, amending, or expansion

increasing its provisions.



TITLE V OF THE



Final provisions



Article 74



The signature of the



This Convention shall be open for signature by all States which are members of the

The United Nations or some specialized agencies or

Parties to the Statute of the International Court of Justice, and any other

the State, which will be called upon by the General Assembly of the United

Nations to become a party to the Convention, namely: until 31 December 2006. October 1963 in

the Federal Ministry of Foreign Affairs of the Republic of Austria, and then to

March 31, 1964, in the United Nations Headquarters in New York.



Article 75



The ratification of the



This Convention is subject to ratification. The instruments of ratification shall be deposited with

the Secretary-General of the United Nations.



Article 76



Access



This Convention shall be open for accession by any State which belongs to the

some of the four categories set out in article 74. The instrument of accession

shall be deposited with the Secretary-General of the United Nations.



Article 77



Entry into force of



1. This Convention shall enter into force on the thirtieth day after the date of deposit of the 20th

the second instrument of ratification or instrument of accession with the General

Secretary-General of the United Nations.



2. for each State which ratifies this Convention or accedes thereto after the

Save the twenty-second instrument of ratification or instrument of accession,

the Convention shall enter into force on the thirtieth day after the date of deposit of its instrument of ratification

instrument or instrument of accession.



Article 78



The obligation of notification by the Secretary-General



The Secretary-General of the United Nations shall inform all States

belonging to one of the four categories mentioned in article 74:



and) of signatures of this Convention and of the deposit of instruments of ratification of, and

access in accordance with article 74, 75 and 76;



(b)) of the date when this Convention enters into force in accordance with article 77.



Article 79



Authentic texts of the



The original of this Convention, of which the Chinese, English, French, Russian and

Spanish texts are equally authentic, shall be deposited with the

Secretary-General of the United Nations, who shall send certified true copies thereof

all States belonging to any of the four categories listed in article

74.



In witness whereof the duly authorised agents, shall be empowered to do their

Governments, have signed this Convention.



Given in Vienna on 24. April of the year one thousand nine hundred and sixty-three.