79/1971 Sb.
DECREE
Minister of Foreign Affairs
of 25 June 2002. February 1971
a Consular Convention between the Czechoslovak Socialist Republic and the
The French Republic
On 22 November. It was in Prague on 16 January 1969 signed a consular Convention between
The Czechoslovak Socialist Republic and the French Republic.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the president of the Republic has ratified it.
The instruments of ratification were exchanged in Paris on 7. January 1971.
According to article 52, the Convention entered into force on 6. February 1971.
The Czech version of the Convention shall be published at the same time.
Minister:
Ing. Marko v.r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the French
Republic of
The President of the Czechoslovak Socialist Republic
and
President of the French Republic,
guided by the desire to establish rules which would apply in the consular relations
between the two countries, and to develop these relations in a spirit of friendship and
cooperation,
have decided to conclude a consular Convention, and for this purpose its name
agents:
the President of the Czechoslovak Socialist Republic
Václav Pleskota, State Secretary in the Ministry of Foreign Affairs,
President of the French Republic
Roger Lalouetta, the French Ambassador Extraordinary and
Republic in the Czechoslovak Socialist Republic,
who exchanged their full powers, found in good and due form,
and agreed on the following provisions:
TITLE I OF THE
Definitions and general provisions
Article 1
For the purposes of this Convention the following expressions have the following meanings:
and) the expression "consular post" means the Consulate General, Consulate
or vicekonzulát;
(b)) the expression "consular circuit" means the territory of a designated consular post
to the exercise of consular functions;
(c)), the term "head of consular post" means the person designated to
sending State, to carry out duties associated with this feature;
(d)), the term "consular officer" means any person, including the head of
consular office, which was responsible for this function in the exercise of consular functions;
e) the expression "consular employee" means any person employed in the
administrative or technical services of the consular office;
(f)), the term ' member of the auxiliary staff "shall mean any person employed
in the domestic service of the consular post;
(g)), the term "members of the consular post" means the consular
officials, consular employees and members of the auxiliary staff;
(h)), the term "members of the consular staff" means those with consular
officials in addition to the head of the consular post, consular employees and
members of the auxiliary staff;
I) the expression "member of the private staff" means any person employed by
exclusively in the private service of a member of the consular post;
j) the expression "consular" means the buildings or parts of buildings and
land belonging to them, used exclusively for the purposes of the consular
the Office, regardless of who owns them;
k) the expression "consular archives" includes all documents, documents,
correspondence, books, movies, recording tapes and registers of the consular
the Office, together with the encryption equipment, filing cabinets and cooking appliance
their protection and save.
Article 2
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, his class and consular circuit are
determined by the sending State and the receiving State are subject to approval.
3. Subsequent amendment of the seat of the issuing consular office of his class or changes
consular circuit can carry out only with the agreement of the sending State
of the receiving State.
4. the prior explicit consent of the receiving State is also needed
to establish offices forming part of the consular post, but it is
located outside the headquarters of the authority.
Article 3
1. the head of the consular office are able to perform their functions on the
the basis of the consent of the receiving State, called exekvatur, which is
granted after submission of the konzulského patent.
2. Konzulský patent must certify the name, surname and the head of the class
consular, consular circuit and the seat of the consular office.
3. the State which refuses to grant exekvatur, is not obliged to inform the
sending State the reasons for its refusal.
4. In the meantime, before he will be granted exekvatur, may be the head
consular office accepted for performance of their duties on a provisional basis. In that
the case will be on him, subject to the provisions of this Convention.
Article 4
1. If the head of the consular post for any reason to exercise
of his duties or if the post of head of consular post temporarily
uprázdněno, the temporary head of the sending State functions
Consular Office of the consular officer of the Office of the delegate or
another consular post or a member of the diplomatic staff
diplomatic missions; the name of this person must be pre-registered to communicate
Ministry of Foreign Affairs of the receiving State.
2. the Temporary head of the consular office shall provide the rights, privileges and
immunity, which enjoys under this Convention, the head of the consular office.
3. the credentials of a member of the diplomatic staff of diplomatic missions
the sending State consular functions pursuant to paragraph 1 of this article
It does not limit the privileges and immunities, which are awarded on the basis of its
the diplomatic status.
Article 5
As soon as the head of the consular office for the performance of their functions adopted, albeit
even provisionally or ad interim, it shall inform the beneficiary State immediately
the competent authorities of the consular district and shall take the appropriate measures to ensure that
the head of the consular office to exercise the obligations arising from its
the Office and enjoy the benefits of this Convention.
Article 6
Consular officers may only have the nationality of the sending State.
Article 7
1. the receiving State may at any time and without giving reasons for its decision
notify the sending State that a consular officer is a persona
non grata or that any other Member of the consular staff is
unacceptable. In this case, the sending State according to the nature of the case
revokes the person concerned, closes its consular post or function
cancels her appointment.
2. If the sending State refuses or fails to comply within a reasonable time
commitments, which is referred to in paragraph 1 of this article, the receiving
Depending on the nature of the case the State withdraw the appropriate person or exekvatur
stop it as a member of the consular staff.
Article 8
1. the Ministry of Foreign Affairs of the receiving State will be in writing
notified:
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 subsequent changes affecting their status that may occur
during their service to the consular post;
(b) the arrival and final departure of) a family member of a member of the consular
the Office, which belongs to his household, and, where applicable,
cases where a person becomes or ceases to be a member of the family;
(c) the arrival and final departure) of the members of the private staff and, where
applicable, the termination of their service in that capacity;
d) admission to employment and the release of people settled in the receiving
State, in respect of members of the consular post or private members
staff.
2. Whenever possible, the arrival and final departure also in writing
announced in advance.
Article 9
A member of the consular post ends, inter alia:
and) written notice of the sending State to the receiving State that the
his function ended;
(b)) a detention exekvatur;
c) by a written notice of the receiving State, the sending State that it
the beneficiary State ceased to be considered a member of the consular staff in
cases envisaged by article 7 (2). 2.
TITLE II
Privileges and immunities
Article 10
1. the receiving State shall facilitate the exercise of the functions in full consular and
consular officials and shall take the necessary measures to be able to enjoy the
the rights, privileges and immunities as provided for in this Convention.
2. the receiving State shall treat consular members with due
respect and shall take all appropriate measures to ensure their
protection, freedom and dignity.
Article 11
1. The sending State shall have the right to use its State in the receiving State
the flag and coat of arms in accordance 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,
If they are used for professional purposes.
3. In the exercise of the rights of this article will take into account the laws,
the rules and practices of the receiving State.
Article 12
1. the receiving State shall either facilitate the use on its territory in the framework of its laws and
the laws of the sending State to obtain the necessary room for consular
Office, or to help him obtain a room in a different way.
2. If necessary, will also help in obtaining a consular post
suitable accommodation for its members.
Article 13
1. members of the consular post are not subject to jurisdiction of the receiving
the State, as regards the exercise of their functions.
2. the provisions of the preceding paragraphs of this article shall not apply to
civil proceedings brought by a third party in the event of damage resulting from
the receiving State from an accident caused by a vehicle, boat or plane.
3. in the case that a member of the consular post is a citizen
of the sending State, committed in the territory of the receiving State outside the performance
its functions, a criminal offence under the laws of this State, the
the sending State shall immediately informed through diplomatic channels.
4. Consular officer cannot be arrested, taken into custody or to the performance of
imprisonment or subjected to any other restriction of personal
freedom, except that this happens either on the basis of the resolution of the
the Court or the Prosecutor for serious criminal offences, for which legislation
the beneficiary State stipulates a prison sentence whose upper limit
is at least five years, or on the basis of a final judgement of a court.
Article 14
1. members of the consular post may be invited to appear as a
witnesses to the Court or administrative proceedings. Consular employees and
members of the auxiliary staff may not, except in the cases referred to in
paragraph 3 of this article, refuse to give evidence. The refusal of the
consular officer to give evidence shall not be applied against him
coercive measures or other sanctions.
2. the authority requesting the testimony must ensure that unjust
the consular officer in the performance of its functions. Whenever possible, the
take evidence at his residence or at the consular post or
take testimony from him in writing.
3. members of the consular post and members of their families do not have the
obligation to submit testimony about the facts associated with the performance of their
functions or to submit to the official correspondence and documents relating to the
These facts. They are also entitled to refuse to give an advisory opinion as
experts from the national law of the sending State.
Article 15
1. The sending State may for a member of the consular post to give up the privileges and
the immunities referred to in articles 13 and 14.
2. the waiver of privileges and immunities must be, with the exception of the provisions of paragraph 3
This article, in all cases, explicit and must be communicated to the
the beneficiary State in writing.
3. If a consular officer or consular employee starts
proceedings in the case, in which benefited from immunity from jurisdiction under article 13,
cannot invoke immunity from jurisdiction in respect of actions
directly connected with the principal claim.
4. Give up the immunity from jurisdiction in civil or administrative
It does not mean to give up the immunity in respect of enforcement power
the judgment; This immunity is necessary to give up separately.
Article 16
1. the buildings or parts of buildings and the land belonging to them, which are
used exclusively for consular purposes, and the residence of the head of
the issuing consular office shall be inviolable. The authorities of the receiving State
they may not enter into them without the consent of the head of consular post
the head of the diplomatic mission of the sending State or the person in charge of
some of them.
2. subject to the provisions of paragraph 1 of this article, the beneficiary State
a special duty to take all reasonable measures to protect the
consular rooms against any assault or damage and to
prevent interference peace consular post or the injury on his
dignity.
3. the Consular premises, their equipment, property and consular office
his means of transport are not subject to any form of rekvizici for the purposes of
National Defense or public needs. If the expropriation shall be carried out
for these purposes, it will be done so as not to infringe the rules
international law, and all appropriate measures are taken to
prevent any disruption of the exercise of consular functions.
Article 17
The consular archives and documents are always inviolable, wherever located
anywhere, anytime.
Article 18
The receiving State shall exempt members of the consular post and their family
members living in the same household with them from any personal
services, public services of any kind whatsoever, and from military obligations,
such as requisitions, military contributions and accommodation.
Article 19
1. Consular officers and consular employees and members of their families
living with them in the same household are exempt from all obligations
imposed the laws and regulations of the receiving State in respect of the registration of
aliens, residence permits, work permits and other formalities
generally applicable to foreigners.
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 a private profit-making activities in the receiving State, or
their family members.
Article 20
1. subject to 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
exempt from the provisions on social security or 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 exclusively for members
the consular authority, provided that:
and that they are not citizens) of the receiving State or are permanently
settled,
(b)) that they are subject to the social security legislation in force in the
the sending State 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 provided for in paragraph 1 and 2 of this article shall not preclude the voluntary
participation in the social security system of the receiving State for the
provided that participation therein is permitted to the receiving State.
Article 21
1. Consular officers and consular employees and their family
the family living with them in the same household, are exempt from the
all taxes and charges, whether personal or factual, national,
regional and 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 24;
(c) the probate fees and charges) from the transfer of assets selected
the receiving State, subject to the provisions of paragraph (b)), article 23;
d) taxes and fees from private income of all kinds that come from
of the receiving State, including profits derived from transfer of property
values;
e) taxes and charges levied for the provision of specific services;
f) registration, Court, the mortgage and fees, kolkových
subject to the provisions of article 24.
2. The members of the auxiliary staff are exempt from taxes and charges on
the wages they receive for their services.
3. members of the consular post who employ persons whose salaries
or wages are subject to income tax in the receiving State, it must meet the
the obligations that the laws and regulations of this State, as regards the
the collection of income tax.
Article 22
1. the receiving State in accordance with the laws and regulations that may be issued,
shall authorise the import and provides exemption from all customs duties, taxes and
other charges other than charges for storage, cartage and similar
services:
a) for items, including cars, intended for official use
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. Consumer
articles must not exceed the amount necessary for direct consumption
of the persons concerned.
2. Consular employees shall enjoy the privileges and exemptions specified in
paragraph 1 of this article, in the case of imported items when their onset
to the Office.
3. the personal baggage of consular officers and their family
nationals living in a common household with them are exempt from
Customs inspections. May be inspected only if there are serious
reasons to believe that they contain objects other than referred to in subparagraph
(b) of 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 on which the
subject to its laws and regulations on quarantine. This examination may be
made only in the presence of the consular officer or his family
Member.
Article 23
In the case of the death of a member of the consular post or of a member of his family
living with him in a common household, the receiving State:
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 is prohibited at the time of his
of death;
(b)) will not levy national, provincial or local probate fees or
fees from the transfer of assets, in the case of movable property, which was the territory of the
of the receiving State only as a result of the stay of the deceased in this State
as a member of the consular post or of a family member of a Member
the consular office.
Article 24
1. Consular residence room and head of consular post
the owner or lessee of the sending State or any
a person acting on its behalf, shall be exempt from all national,
regional or local taxes and fees, with the exception of charges
levied for the provision of specific services.
2. the Tax exemption referred to in paragraph 1 of this article does not apply
taxes and fees, which, according to the laws and regulations of the receiving
State to pay the person entering into the contractual relationship with the sending State
or with a person acting on his behalf.
Article 25
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
Anyway, the consular post to use all appropriate connectors
means, including diplomatic couriers, diplomatic or
consular baggage and encoded or encrypted messages.
2. The official correspondence of the consular office shall be inviolable. The expression of
"official correspondence" means all correspondence relating to the
consular post and its features.
3. the Consular bag shall not be opened or detained. However, if the
the competent authorities of the receiving State have serious reasons to believe that the
bag contains something other than official correspondence or documents
or articles intended exclusively for official use, may require that
the luggage was opened in the presence of the responsible representatives of the
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. the Consular bag may be entrusted to the captain of the ship or the civil
the aircraft has to land at the point of entry. The captain must 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 competent local authorities may instruct any of the consular post
of its members, to take over the bag directly and freely given from the captain
ship or aircraft, or forward them to him.
Article 26
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.
TITLE III
Consular jurisdiction and consular functions
Article 27
Consular officers are entitled to:
and) to protect the rights and interests of the sending State and of its citizens, including
legal persons, in the receiving State;
(b)) to support the development of commercial, economic, cultural and scientific
contacts between the High Contracting Parties and develop among them a friendly
contacts;
(c) all lawful means) status, and the development of a commercial,
economic, cultural and scientific life of the receiving State;
report on the Government of the sending State messages and provide information
to interested parties.
Article 28
Consular officers may exercise their functions, refer to:
and the relevant local authorities of their) consular circuit;
(b)) the central competent authorities of the receiving State, if it is allowed to
laws, regulations, and practices of the receiving State or international
agreements governing this question.
Article 29
1. In accordance with the laws and regulations of the receiving State's consular
the officer the right to represent or take measures to ensure appropriate
representation of the citizens of the sending State before the courts and other authorities
of the receiving State in cases where the absence or from other
the reasons are not in time to defend their rights and interests. The same is true for
the legal person of the sending State.
2. Representation in accordance with paragraph 1 of this article shall, as soon as
represented by the persons they appoint their representative or protect themselves
their rights and interests.
3. If the consular officer shall represent the person referred to in paragraph 1 of this
the article, in the performance of this function is subject to the legislation of the receiving
the State and the jurisdiction of its judicial and administrative organs under the same
conditions and to the same extent as a citizen of this State.
Article 30
Consular officers have the right to:
and citizens of the sending State) register;
(b)) to issue passports or other travel documents of citizens of the
the sending State and to extend their validity;
(c) to issue visas and required) documents to persons who wish to travel to
of the sending State, and prolonging the validity of these documents.
Article 31
1. in the range specified by the legislation of the sending State's consular
the official shall be entitled to:
and take birth and death) leaves the citizens of the sending State and to take
copies of these documents;
(b) to enter into marriage and issue) on how the papers for
provided that both spouses are nationals of the sending State, and with the
subject to advise the competent authorities of the receiving State,
If required by its legislation;
(c)) or register the dissolution of marriage according to the law
of the sending State.
2. This provision shall not relieve the person concerned, the obligation to submit
reporting of prescribed law of the receiving State.
3. the competent authorities of the receiving State shall, without delay and free of charge will be
send consular post copies and extracts of documents of civil status
the citizens of the sending State and required for administrative purposes.
Article 32
Consular officer shall be entitled to:
1. to accept the Declaration of the citizens of the sending State and to certify them;
2. to prepare, certify, and take custody of wills and other documents and
Declaration of the citizens of the sending State;
3. to certify or validate the signatures of citizens of the sending State;
4. submit and verify all documents and documents issued by the authorities of the
the sending or the receiving State and to certify translations, copies and
extracts from these documents.
Article 33
Consular officers are authorized to carry out consular post in
his apartment, in the apartment of one of the fellow citizens and on a boat or on a plane
the sending State the following:
1. drafting and verification of the authenticity of the documents and contracts, to the citizens of the
of the sending State to conclude, if these documents and contracts are not in
contrary to the legislation of the receiving State and not to the establishment of a
or the transfer of rights to immovable property located in this State;
2. drafting documents and agreements and the verification of their authenticity without regard to
the nationality of the parties, if these documents and contracts
apply only to assets or rights existing in the posting State
or they concern matters that are to be implemented in this State for the
provided that these contracts are not in conflict with the law
of the receiving State.
Article 34
Consular officers are entitled to receive from the citizens of the sending
State for safekeeping documents, money, valuables and other assets they
belonging.
These documents, money, valuables and assets can be exported from
of the receiving State in accordance with its legislation.
Article 35
Of the Charter and the documents referred to in articles 32 and 33 are in the receiving
the State of the same force and probative force as documents certified or
confirmed by the judicial authorities or other competent authorities of that State.
Article 36
The receiving State must accept without verification of the signatures of the consuls to the
the schedules, which are issued by consular officers or which confirmed the conformity of the copies
with the original issued by the competent authority, provided that the Charter will be
bear's official stamp and from the content of documents will be able to assess the
their authenticity.
Article 37
Consular officials are allowed to serve judicial and non-judicial
documents and deal with the Court's request, according to valid international
agreements or-if such an agreement in the absence of any other way that is
in accordance with the laws and regulations of the receiving State.
Article 38
1. about the death of a citizen of the sending State in the territory of the receiving State
shall inform the competent authority of that State shall immediately inform the consular post.
2. Similarly, if the heir, other authorized party or
odkazovník, which has a fall heritage in the territory of the present
of the receiving State, is a national of the sending State, however, the presence
on the territory of the receiving State, and is not legally represented.
3.
and the consular post of the sending State) may request the competent authority of the
of the receiving State on the urgent measures necessary to ensure and
managing the legacy of Celtic heritage left by the deceased in that State of a citizen of the sending
State and warned him about any measures that have been taken;
(b)) in the provision of measures referred to in paragraph a) may post
to provide its assistance, directly or through their representatives.
4. If, after the completion of the formalities relating to the estates in the receiving
the State falls to the movable heritage, or proceeds from the sale of chattels or
real estate heir, an authorized party or odkazovníku who are
citizens of the sending State and who do not reside in the receiving State and
not appointed an agent, the property or the proceeds from their
sales passed the consular post of the sending State under the condition that:
and the eligibility of the heirs) has been demonstrated, legitimate participants, or
odkazovníků;
(b)), the competent authorities of the receiving State can be, where this comes in
account, acceptance of passing inheritance or the proceeds from its sale;
(c) any estate debts) within the period prescribed the laws declared
of the receiving State are paid or secured;
(d) the fees of the heritage) are paid or secured.
5. If a citizen of the sending State who is not permanently established in the
the receiving State, suddenly die during the journey on the territory of that State,
things will be a sum of money and valuables, which he had with him and that were not
It was requested to present the heir, provisionally passed into the custody of consular
the authority of the sending State without further formalities, for which administrative
or judicial authorities in the interests of the respective management reserves the right to
the takeover of these things.
Consular post of the personal effects and sums of money pass
any authority of the receiving State entrusted to their administration or
the liquidation. Consular post must ensure the legislation of the receiving State
on the export and transfer of sums of money.
6. in matters of succession, also apply the provisions of article 29 of the Convention.
Article 39
1. As soon as the authorities of the receiving State can learn about cases where the
need to appoint a guardian or a guardian for the citizen of the sending
the State, in writing, it shall notify the competent consular authority.
2. the provisions of article 29 of this Convention shall also apply to protect and defend the rights and
interests of minors or other persons who do not have the full right to
legal capacity.
3. Consular officials may intervene with the competent authorities
of the receiving State in the appointment of guardians or guardians in particular
submission of proposals for candidates for the performance of these functions, provided that the
to do so entitles the legislation of the receiving State.
4. in the case where it is not ensured by minors or other asset management
people not carrying the full capacity to perform legal acts, the consular
the clerk take care of appointment of an administrator of the property or to request
the competent authorities of the receiving State to take the appropriate measures.
Article 40
1. in order to facilitate the exercise of the functions relating to citizens ' konzulských
of the sending State:
and consular officers have the discretion) join with the citizens of the sending State
and access to them. Citizens of the sending State shall have the same freedom of
connection and access to consular officials;
(b)), the competent authorities of the receiving State shall, without delay, and in any
the case within 10 days to inform the consular post of the sending State to
cases where in his consular district is a citizen of the sending State
taken into custody, or where his personal freedom of any other form of
limited. Each message addressed to the consular post by the person who is taken
into custody or whose personal freedom is limited, otherwise these must be
authorities also delivered no later than 10 days.
These authorities must, without delay, inform the person concerned of the
their rights under this subparagraph;
c) consular officers shall have the right of the citizen to attend, speak and
to correspond with him and to ensure their legal representation. Exercise of these rights
cannot be postponed for more than 15 days, starting with the withdrawal of the binding
or by restricting his personal liberty; However, if so requested by the consular officer of the
visit citizen after 10 days from the beginning of the deprivation or limitation of
personal freedom of the citizen, must be allowed to visit within five
days from the filing of the application;
(d)) if these citizens after a conviction in a prison sentence
freedom or if their freedom restricted, have consular officials
the right is several times to visit. Every visit of this kind is necessary
allow the consular officer's interview with a prisoner.
2. the rights referred to in paragraph 1 of this article shall be carried out only in the
accordance with the laws and regulations of the receiving State, provided that the
However, these laws and regulations shall not invalidate those rights.
Article 41
1) Consular officials may in your circuit to provide assistance to the consular
Marine and river ships having jurisdiction of the sending State,
calling at a port or other place where they can anchor or
is there already. Once the input is enabled, the ships
consular officials to enter on board these ships and to connect with
the captain, the crew members and passengers who are citizens of the sending
State.
2. The captain or any crew member can freely come to the
consular office, if this Office is located at the port where the ship is moored.
If there is no consular post in the port, the connection is made subject to the consent of the
the competent national authority.
3. without prejudice to the competence of the authorities of the receiving State, can
consular officers investigate all accidents that occur during the
the cruise ship of the sending State, listen to the captain and each Member of the
the crew check the onboard documents, receive a statement of the way and
the place of destination, and if it is the law of the sending State is enabled,
to resolve disputes of any kind between the master, officers and sailors make
measures for the adoption of the captain or any crew member to
hospital treatment or to return to the homeland, to facilitate the arrival of the ship,
her departure and stay in the port.
In the exercise of these functions may request the authorities of the consular officials
of the receiving State for help.
4. the authorities of the receiving State, won't the events on board the ship,
with the exception of riots that could break the peace and public order on the
country or port, cause injury or threaten public
order, and riot, involving persons who are not members of
the crew.
5. In the event that the competent authorities of the receiving State should plan to
perform inspection, investigation or enforcement measures on board the ship
of the sending State, which is found in the waters of the receiving State,
shall inform the consular office before implementation, in order to be able to design
attend consular officials. In an announcement made in this direction will be
given a specific term. If you do not attend the consular officials or their
representatives of measures undertaken, these authorities may apply to transfer
all information about their progress.
The provisions of the preceding subparagraph shall also apply in the case where the captain
or any crew member is to be interrogated by the authorities of the receiving
State.
6. in the case of urgent measures, or if the investigation
carried out at the request of the captain, must be a consular officer
informed in the course of the investigation, and as soon as possible.
On request, the consular officer in that case also trained
during the investigation to be held in his absence.
7. The provisions of paragraphs 5 and 6 of this article cannot be used against the
the authorities of the receiving State when it comes to the application of the Customs legal
measures and regulations, and other measures of control applicable to
health, port police, security of goods and access of foreigners.
8. the provisions of this article shall not apply to warships.
Article 42
1. When a ship sending State fails, gets stuck or is otherwise
damaged in the border zone of the State addressed, shall report to the competent
authorities of that State shall, without delay, report to the consular post and learn it
with measures taken or foreseen to rescue the passengers, the ship and the
cargo.
Consular officer can provide all the help of the ship, crew members
and passengers and to take all measures to ensure the security of the cargo and to repair
the ship. You may also contact the authorities of the receiving State with a request for
such measures.
2. If the operator of a ship, the captain or any authorized person
It is not with it, to take the necessary measures to maintain and manage the boat or
its cargo, the consular officer may make on behalf of the operator
the ship measures in this direction could ship operator to do so.
3. The provisions of paragraph 2 of this article shall also apply to any
the subject that belongs to citizens of the sending State and comes from the cargo ship
the sending State or a third State, which has been found on the coast
or near the coast of the receiving State or transported to the port of
consular district.
4. the competent authorities of the receiving State will provide consular officer
the necessary assistance in all the measures to be taken during damage
the ship.
5. the ship, which suffered damage to its cargo and catering supplies
on the territory of the receiving State are not subject to customs charges, if they are not
released for use or consumption in that State.
Article 43
Consular officers may perform supervisory and inspection functions
set by the legislation of the sending State and relating to aircraft
of this State and their crews. They are also authorized to provide these
aircraft and crews for assistance.
Article 44
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
of this article and of the receipt of their payment shall be exempt from all
taxes and levies in the receiving State.
Article 45
In addition to its functions provided for in this Convention can consular officials
perform other consular functions, which are not in conflict with the
legislation of the receiving State.
TITLE IV
Final provisions
Article 46
1. Without prejudice to their privileges and immunities, all persons enjoying
such privileges and immunities as regards laws and regulations of the receiving State. Are
also required to not interfere in the internal affairs of that State.
2. Consular room will not be used in a manner which would
conflict with the exercise of consular functions.
Article 47
Members of the consular post shall comply with all obligations imposed by the laws and
regulations of the receiving State in respect of civil liability
for damage caused to third parties during the operation of the vehicle, boat or
the aircraft.
Article 48
1. members of the consular post who are nationals of the receiving State
or are they permanently settled in it or carry out a private profit-making
activity in that State shall enjoy only the immunities referred to in article 13
paragraph 1 and article 14 paragraph 3 of this Convention.
2. The provisions of title II of that Convention, with the exception of article 14, paragraph 3, the
do not apply to:
and) family members of persons under paragraph 1 of this article;
(b)) a member of the consular post of the family members who are nationals of
of the receiving State or are permanently settled in it or carry out
a private profit-making activities in that State;
(c) the members of the private staff) who are nationals of the receiving State
or are they permanently settled in it, or who perform a private
gainful employment in that State.
3. the receiving State must exercise its jurisdiction over persons
referred to in paragraphs 1 and 2 of this article in such a way as to
unjustifiably restrict the exercise of consular functions.
Article 49
1. the provisions of this Convention shall apply, if the context allows,
also on the performance of consular functions being carried out by diplomatic
the missions.
2. The names of members of a diplomatic mission responsible for the work in the consular
the Department or otherwise responsible for the performance of consular functions, missions are
be notified in writing to the Ministry of Foreign Affairs of the receiving State.
3. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2
This article shall continue to be modified rules of international law on the
diplomatic relations.
Article 50
This Convention replaces and repeals the Consular Convention between Czechoslovakia and
France signed in Paris on 3. June 1927.
Article 51
This Convention is subject to ratification. The exchange of instruments of ratification will be
made in Paris.
Article 52
This Convention shall enter into force on the thirtieth day after the date of the exchange of
instruments of ratification and shall remain in force until terminated by one of the high
of the Contracting Parties denounces it, with six months ' notice.
The evidence that agents of High Contracting Parties to this Convention signed
and it seals.
Done at Prague on 22. January 1969, in two originals, each in the language
the Czech and French languages, both texts being equally authentic.
From the power of the President of the Czechoslovak Socialist Republic:
V. Cheery v.r.
From the power of the President of French Republic:
R. Lalonette v.r.
