135/1976 Sb.
Decree
Minister of Foreign Affairs
of 26 March. October 1976
a Consular Convention between the Czechoslovak Socialist Republic and the
United Kingdom of Great Britain and Northern Ireland
3 December 2004. April 1975 in Prague signed a consular Convention between
The Czechoslovak Socialist Republic and the United Kingdom of great
Britain and Northern Ireland.
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 London on 14 July. September 1976.
According to article 49, the Convention entered into force on 14. October 1976.
The Czech version of the Convention shall be published at the same time.
Minister:
Ing. Now in r.
Consular Convention
between the Czechoslovak Socialist Republic and the United Kingdom
Of Great Britain and Northern Ireland
The President of the Czechoslovak Socialist Republic and her Majesty
the Queen of the United Kingdom of Great Britain and Northern Ireland and its
other possessions and territories, the head of the community
guided by the desire to further consolidate the friendly relations between the two countries,
Desiring to modify their consular relations and in this way facilitate the protection
the interests of their States, as well as the rights and interests of its citizens,
have decided to conclude a consular Convention, and for this purpose its name
agents:
The President of the Czechoslovak Socialist Republic:
Dr. Miloslav Růžka, Deputy Minister of Foreign Affairs of Czechoslovakia
the Socialist Republic
and her Majesty the Queen of the United Kingdom of Great Britain and
Northern Ireland and its other possessions and territories, the head of the community
(hereinafter referred to as "her British Majesty"):
For the United Kingdom of Great Britain and Northern Ireland:
The Honorable Baron Goronwy-Roberts of Caernarvonu and Ogwenu,
the Parliamentary State podtajemníka for Foreign Affairs and
The community,
who exchanged their full powers, found in good and due form,
and agreed on the following provisions:
Part I
Definition of terms
Article 1
For the purposes of this Convention:
1. "consular post" is a Consulate General, Consulate, vicekonzulát or
Consular Agency;
2. "consular circuit" is the territory of the specified consular post for the performance
consular functions;
3. "consular officer" is any person, including the head of the consular
Office, appointed to this function in accordance with the provisions of this Convention, and
responsible for the performance of consular functions;
4. "consular employee" is any person employed by the posting
State consular post, which carries out:
and administrative and technical services) or
(b)) other consular services
and which have been notified to the beneficiary State as such in accordance with article
5;
5. "consular archives" includes all official correspondence,
documents and office equipment intended for official use, together with the
all the furniture intended for their protection and saving;
6. "the ship of the sending State" means any ship registered in a port of
of the sending State; This term, however, does not include any warship.
Part II
The establishment of consular posts and the appointment of consular officials and
consular personnel
Article 2
1. the consular post of the sending State may be established in the territory of
of the receiving State only with his consent.
2. the registered office and the classification of posts and the boundaries of the consular circuit
shall be determined by agreement between the sending State and the receiving State.
Article 3
1. The sending State shall request in advance through diplomatic channels about the consent
of the receiving State with the appointment of the head of the consular office.
2. on receipt of this consent, the diplomatic mission of the sending State
shall transmit to the Ministry of Foreign Affairs of the receiving State konzulský
patent or other documents of appointment. In a patent or another document
the full name of the head of the consular post, its State
nationality, class, the boundaries of the consular district, which will perform the
its function, and the seat of the consular office.
3. After the transfer of the patent or another document on the appointment of the head
Consular Office of the receiving State shall as soon as possible and free of charge
exequatur or other consent.
4. the head of consular post may take the performance of their duties,
as soon as the receiving State has granted the exequatur or other consent.
Article 4
1. The sending State shall notify, in writing, through the diplomatic channel
Ministry of Foreign Affairs of the receiving State the full name, State
affiliation and rank of the consular official who is the head of the Office,
appointed to the post.
2. the receiving State shall grant him the document confirming his right to
to exercise consular functions in the receiving State.
Article 5
The sending State shall give prior notice in writing through diplomatic channels to the Ministry of
Foreign Affairs of the receiving State the full name, nationality and
the function of the consular employee appointed by the consular post.
Article 6
1. The consular officer can only be a national of the sending
State and not a national of the receiving State or of a person who
is a permanent resident in the receiving State.
2. Consular employee may be a national of the sending
the State, a national of the receiving State or a national of
of a third State.
Article 7
The prior consent of the receiving State will be needed in the following
cases:
1. any appointment of a national of the sending State,
When the person has already received permission to enter or to reside in
the receiving State for other purposes; This restriction, however, does not
apply to a person who is already a member of the consular staff
or the diplomatic mission of the sending State in the receiving State;
2. the appointment of a national of the receiving State or of a person who
has permanent residence in the receiving State or a national of a
of a third State to the consular employee.
Article 8
The receiving State may at any time, without having to justify its decision,
notify the sending State through the diplomatic channel that the consular officer
or consular employee is unacceptable. The sending State in this
If this person or revokes terminates its activity at the consular
Office. If the sending State fails to meet this within a reasonable time
obligations, the receiving State may, in the case of the head of the consular
the authority to revoke the exequatur or other consent, in the case of other
the consular officer or consular employee refuse to recognise
This person for the consular officer or employee.
Article 9
The receiving State will provide consular protection officer and shall take
the measures necessary for it to carry out its functions and that it was
the rights, privileges and immunities, due to him under the Convention and
the legislation of the receiving State.
Article 10
1. In the case that the head of the consular office cannot, for any reason
carry out its functions, or head of the consular office is temporarily
uprázdněno, the sending State may entrust a consular
an official from the same consular post or from another consular
authority in the receiving State or member of the diplomatic staff of his
diplomatic missions in this State to provisionally headed the consular post.
The full name of this person will be communicated to the Ministry as soon as possible
Foreign Affairs of the receiving State.
2. Consular officer responsible for the temporary leadership of the consular post is
entitled to carry out the functions of the head of consular post, whose place of
holds. You are subject to the same obligations to him and he will be given the
the same rights, privileges and immunities as if he were appointed in accordance with
Article 3.
3. Without prejudice to the provisions of article 40, paragraph 1. 7, the appointment of a Member
of the diplomatic staff of the diplomatic mission of the sending State to
consular office in accordance with paragraph 1. 1 of this article shall be without prejudice to the privileges and
immunities as are granted to him on the basis of his diplomatic status.
Article 11
1. the members of the diplomatic staff of the diplomatic mission of the sending State
in the receiving State, who were entrusted with the exercise of consular functions
on this mission, and whose names were communicated to the Ministry of foreign
Affairs of the receiving State, shall be granted the same rights and impose the same
responsibilities as consular officials under this Convention.
2. Without prejudice to the provisions of article 40, paragraph 1. 7, the performance of consular functions
persons covered by paragraph 1. 1 of this article is without prejudice to the privileges and
immunities as conferred on them by virtue of their diplomatic status.
Article 12
1. The sending State may, within the limits in which the law of the
of the receiving State to concede, to acquire the ownership, use or
raised in any form specified by the legislation of the land,
the buildings or parts of buildings for the needs of the consular post or of accommodation
the consular officer or consular employee, provided that the
This is a national of the sending State. The beneficiary State
provide, if necessary, sending State assistance in obtaining
land, buildings or parts of buildings for this purpose.
2. The provisions of paragraph 1 of this article shall not exempt the sending State from
obligation to comply with the regulations on the construction and land use planning, or other
limitations applicable to the area in which such land, buildings or
parts of buildings are located.
Part III
Privileges and immunities
Article 13
1. character of the sending State or consular shield together with the relevant
the designation of the consular office in the language of that State, and in the language of
the receiving State may be placed on the building in which it is located
consular office and can also be placed at the entrance or at the entrance to
the consular office.
2. the flag of the sending State and of its consular flag can be hoisted
consular post and the residence of the head of the consular office.
3. Flag of the sending State may also be placed on the transport
the head of the consular office of the resource, which is used in the performance of their
official functions.
Article 14
1. Land, buildings or parts of buildings that are used solely for purposes of
the issuing consular office shall be inviolable. Safety or other authorities
the receiving State shall not enter on these lands, to such buildings or
parts of the building without the consent of the head of the consular post or of the head of
the diplomatic mission of the sending State or the person appointed by one of the
them.
2. the provisions referred to in paragraph 1 of this article shall also apply to
the dwelling of the consular official.
3. The provisions of paragraphs 1 and 2 of this article shall not be construed so as to
the sending State was excluded from the obligation to comply with the legislation on
land use planning or under construction, as referred to in paragraph 2 of article 12.
Article 15
1. the Consular archives and documents are always and everywhere be inviolable.
2. in the official archives shall not be retained the documents or items
unofficial nature.
Article 16
1.
and) consular post has the right to join with the Government of the sending State,
diplomatic missions or other consular authorities of the sending State
in the receiving State or in a third State. To this end, consular
the authority may use any public fasteners, as well as
diplomatic and consular couriers and diplomatic or consular
luggage and can use ciphers.
(b)) when you use the public will be if SSF
Consular Office used the same rates as in the case of the diplomatic
the mission.
2. The official correspondence of the consular office no matter what
of fasteners is used, and luggage, listed under (a). and)
paragraph 1 of this article are inviolable, provided that they are
equipped with a clear external indication of its official nature; the authorities of the
the beneficiary State is not opened or detained. This luggage
may contain only official correspondence and articles intended exclusively
for official use.
3. the persons responsible for the carriage of luggage provides the consular
the receiving State shall enjoy the same rights, privileges and immunities as diplomatic
couriers of the sending State.
4. Consular baggage may be entrusted to the captain of the ship or the civil
the aircraft has to land at the point of entry of the receiving
State. In any such case, the captain will not be considered
the consular courier; However, it is equipped with authentic instrument indicating the number of
baggage, which has been entrusted to him. After consultation with the competent authorities
of the receiving State, the consular post of the Commission one of the consular
officer or consular employee to take the said baggage
directly and freely from the captain of the ship or aircraft, or forward them to him.
Article 17
1.
and) consular officer is not subject to criminal jurisdiction of the receiving State.
It is also excluded from the civil and administrative jurisdiction, except in the
the cases referred to in paragraph 7 of article 40 of the Convention and under the letter
a), (b)), and (c)) paragraph 1 and in paragraph 3 of article 31 of the Vienna Convention on the
diplomatic relations, signed on 18 December April 1961. The person of this
the clerk is inviolable.
(b)) the provisions referred to under (a)) of this paragraph shall also apply
to family members of the consular officer, who live with him in the
together, in any case, provided that the person concerned
is not a national of the receiving State or does not have a permanent
residence.
2.
and Consular employee, if) is not a national of a
of the receiving State or, if does not have a permanent residence in that State,
is not subject to the criminal jurisdiction of the receiving State. The civil and
is not subject to the administrative jurisdiction only in respect of acts
carried out within the framework of his official activities.
(b) the provisions of the first sentence of subparagraph (a)). and) of this paragraph shall also apply to
family members of the consular staff within the meaning of the definition in
the Labour Court. and) para. 4 article. 1, who live with him in a common household, and
in any case, provided that the person concerned is not also
a national of the receiving State or does not have a permanent
residence.
Article 18
1. in the event that a consular employee, which is not subject
the provisions of article. 17, paragraph 2. 2 (a). a), will be held or arrested or
against him in criminal proceedings will be initiated, the receiving State will be
immediately inform the competent consular official.
2. The provisions of paragraph 1 of this article shall also apply to family
a member of the consular official living in a common household with him
or a family member of the consular staff of the living with it
in the same household, who is a national of the receiving
State, or is domiciled, and which, therefore, does not enjoy immunity and
inviolability under article. 17.
Article 19
1. Consular Officer and a consular employee, as defined in
subparagraph (a)), para. 4, article 1, if it is not a national of a
of the receiving State or does not have a permanent place of residence, will be entitled to
refuse to give evidence as a witness.
2. Consular employee, as defined in subparagraph (a)), para. 4
Article 1, which are not subject to the provisions of paragraph 1 of this article,
or consular employee, as defined in subparagraph (b)), para. 4
Article 1 shall be entitled to refuse to give evidence as a witness in cases
associated with the performance of his official functions or to submit the official
the documents or items.
3. in the case of the posting State waives the immunity provided for in article 20,
the person to whom the provisions of paragraph 1 or paragraph 2 of this
the article could in the interests of Justice to testify as a witness:
and) must not be used any enforcement or administrative
the measures, which the person concerned would be compelled to testify as a witness or
to appear in court for this purpose and will not be used against her, no
the penalty, if as a witness to testify will not or fails to appear in court;
(b)) all reasonable steps will be taken to avoid interference
the exercise of the activities of the consular post; If this person consular
the official, may be such a testimony at the request of the head of the consular
the Office made in the case where it is possible and permissible, by word of mouth or
consular post or in writing in the dwelling of the consular official.
4. The provisions of paragraph 1 and paragraph a) of paragraph 3 of this article,
also apply to family members of the consular officer or
consular employees who live with him in a common household, in
any case, provided that such person is not a public
national of the receiving State or in the territory of that State does not have a permanent
residence.
5. the provisions of the preceding paragraphs of this article shall apply to the management of the
before the judicial and administrative authorities of the receiving State.
Article 20
1. The sending State may waive any of the privileges and immunities referred to
in articles 17 and 19.
2. the waiver of privileges and immunities with the exception of the provisions of paragraph 3 of this
article in all cases, must be explicit and must be communicated to the
the beneficiary State in writing.
3. If the document instituting the proceedings shall submit a person enjoying immunity from
jurisdiction in accordance with article 17, he cannot rely on that exemption if
as for the action, directly related to the design of the examination of her plea.
4. Give up the immunity from jurisdiction in matters of civil or
Administrative does not mean to give up the immunity in respect of enforcement
enforcement of a decision; This immunity is necessary to give up separately.
Article 21
1. Consular Officer in the receiving State shall be exempted from the obligation of service
in the armed forces and is exempt from mandatory public service
of any kind.
2. The provisions of paragraph 2 of this article shall also apply to the consular
employees and family members of consular officers and consular
employees who live in a common household, and in any case
provided that a person is not a national of a
of the receiving State.
Article 22
1. Consular Officer, as well as consular employee who does not have
permanent residence in the territory of the receiving State, shall be exempt from all
the obligations prescribed by the laws of the receiving State, provided
as for the registration of aliens and residence permits.
2. The provisions of paragraph 1 of this article shall also apply to family
members of the consular officer or consular employee who
with him they live in a common household, always provided that such person
does not have a permanent residence in the territory of the receiving State.
Article 23
Child of the consular officer, as well as a child of the consular staff,
provided that the person is a national of the sending
State and does not have a permanent resident in the receiving State does not state
the jurisdiction of the receiving State only as a consequence, to be born on the
its territory at the time of the allocation of the consular officer or employee in the
This state.
Article 24
1. No tax or other similar charges of any kind will not be
assessed or collected the receiving State:
and) on land, buildings or parts of buildings used exclusively for consular
purposes, including the consular officer or employee,
provided that those properties are owned by the sending State
or najaty on his behalf or are in the possession of or physical najaty
or legal person acting on behalf of that State;
(b)) of transfers or documents relating to the acquisition of immovable property
sending State exclusively for consular purposes, how is closer to the established
under subparagraph (a). a) of this paragraph.
2. the relief referred to in paragraph 1 (b). and this article does not apply)
the fees for the provision of services.
Article 25
The receiving State will not be imposed or choose from any tax or other
similar charges of any kind from the acquisition, ownership, possession or
the use of movable assets of the sending State for consular purposes,
which would otherwise be sending State or legal or natural
a person acting on its behalf are subject to under the laws of
of the receiving State.
Article 26
Consular officer or a consular employee, if he is not a
national of the receiving State in the receiving State shall be exempt from the
all taxes or other charges of any kind, which
the beneficiary State was assessed or collected from the official income, wages or
pensions received for the performance of its functions.
Article 27
1. subject to the provisions of paragraph 2 of this article, the consular officer
or consular employee, if he is not a national of the receiving
State and does not cover in the receiving State, a private profit-making
activities and provided that it is a permanent employee of the sending
the State is personally exempt from all taxes or other similar fees
of any kind, that the receiving State imposes or collects and
otherwise, under the legislation of the receiving State was required to pay.
2. The provisions of paragraph 1 of this article shall not apply:
and the acquisition of the tax), ownership, use of immovable property, or
handling in the territory of the receiving State;
(b)), without prejudice to provisions of article 26 of the income tax, originating in
other sources, or from an increase in capital in the territory of the receiving State;
(c)) on the tax transfers or documents that concern them, including
kolkových fees imposed or levied in this context;
(d)) on the survivor's or probate fees, without prejudice to the
the provisions of article 28.
Article 28
If the consular officer or a consular employee or his
a family member living in the same household with him dies and leaves
movable property in the receiving State, the receiving State shall select
tax or other similar charges of any kind from these assets for
provided, that this person was not a national of the receiving
State and that such property was in the territory of the receiving State only
as a result of the stay of the deceased in this State as a consular officer
or consular employee or a family member of such
officer or employee.
Article 29
1. all articles, including motor vehicles, imported for the official
the need for consular post will be exempt from customs levies and other
taxes, fees and charges of any kind imposed on imports or because of
imports, and to the same extent as if they were imported for the official
the needs of the diplomatic mission of the sending State in the receiving State.
2.
a Consular officer or consular) employee, if it is not
a national of the receiving State, and if he does not pursue private
gainful occupation in the territory of the receiving State, and provided that the
is a permanent employee of the sending State, shall be granted exemption
from customs levies and other taxes or charges of any kind, if
the case of articles imported for his personal consumption, including motor
vehicles, and to the same extent, as the members of the corresponding category
staff of the diplomatic mission of the sending State.
(b) the provisions of subparagraph (a))) of this paragraph shall also apply to family
members of the consular officer or consular employee living
with him in the same household, provided that this person is not a public
national of the receiving State, and does not engage in this State, private
gainful occupation.
3. for the purposes of paragraph 2 of this article, the term "member of the corresponding
categories of staff of the diplomatic mission "means, as regards the consular
officials, members of the diplomatic staff and in terms of consular
the employees, members of the administrative and technical staff.
4. personal baggage, with whom he travels the consular officer or
Member of the family, who live in a common household, is excluded
of customs inspections to the same extent as personal baggage
a diplomatic representative.
Article 30
Subject to the legislation of the receiving State on the areas in which
access is disabled or modified for reasons of State security, consular
an official or consular employee, as well as his family members
living with him in the same household, they can freely in that State
travel.
The provisions of this article shall be without prejudice to the requirements laid down in
regulations of the receiving State for visas or other travel
documents.
Article 31
All persons to whom this Convention provides privileges and immunities are
to respect without prejudice to such privileges and immunities to the legal
regulations of the receiving State, including traffic laws and regulations on
motor vehicle insurance.
Part IV
Consular functions
Article 32
1. the consular officer shall be entitled to carry out the functions referred to in this
part. Additionally, you may perform other consular functions, provided that the
do not conflict with the legislation of the receiving State.
2. In connection with the exercise of their functions, the consular officer has the right to
contact:
and the competent local authorities) in its consular circuit;
(b)) the central authorities of the receiving State in so far as it permitted
the laws and practices of that State.
3. the consular officer is authorized to exercise consular functions in only
their own consular district. Outside of this circuit can carry out
consular functions only with the consent of the receiving State.
4. After having informed the beneficiary State is entitled to consular officer
to exercise consular functions in a third State, provided that the
the beneficiary State raises objections against it.
5. the receiving State may, after having informed the consular officer to act
as a representative of the sending State in the international organization. In this
the function has the right to use any of the advantages, privileges and immunities, which are
such a representative provided by international law.
Article 33
Consular officer has the right to choose in the receiving State the fees and
the rates prescribed under the legislation of the sending State for the performance of
consular services.
Article 34
Consular officer shall be entitled to
1. to protect the rights and promote the interests of the sending State and of its nationals
Members; for the purposes of this Convention, the term "national" means
any person whom the sending State shall recognise for their State
Member, and if the Association, whether or not any legal
person;
2. support the development of commercial, economic, cultural and scientific
relations between the sending State and the receiving State and otherwise contribute to the
the development of friendly relations between them;
3. follow all lawful means conditions and developments in business,
economic, cultural and scientific life of the receiving State,
report on the Government of the sending State and to provide information
to interested parties.
Article 35
1. the consular officer shall be entitled to:
and such a declaration) to receive what under the law of
of the sending State to be taken on issues of citizenship;
(b)) to keep a record of nationals of the sending State;
(c)) to keep a record or receive notice of the birth or death of the State
a national of the sending State;
d) keep records of marriages, concluded before the authorities of the receiving State,
or distribution allowed the authorities of that State, provided that the
at least one of oddávaných or rozváděných people is a
national of the sending State;
e) indulge in, provided that both the persons entering into marriage are
nationals of the sending State and the conclusion of such a marriage is not
under the law of the receiving State shall be inadmissible;
(f)) receive the declarations concerning the marital status of nationals
of the sending State in accordance with the legislation of that State.
2. None of the provisions of paragraph 1 (b). c), (d)) or e) of this article
does not absolve any private person duties legislation
of the receiving State to prescribe reporting or registration with the
the competent authorities of that State in any of the matters referred to in
These provisions.
Article 36
Consular officer is entitled to issue, cancel, renew, modify, and
to extend the validity of the passports, entry, exit and transit visas and
other similar documents.
Article 37
1. the consular officer shall be entitled to:
and assemble, verify) certify, legalize, or perform other
acts which are necessary for the validity of the legal acts and legal documents
nature or copies thereof for the need for persons of any nationality
for use in the posting State or under the laws of this
State or a national of the sending State for use outside
This State;
(b) of the Charter and translate) to verify the accuracy of the translation.
2. In cases where the deposit of an instrument referred to in paragraph 1 of this article are
must be for use in the receiving State, the authorities of the receiving State are
be obliged to recognise their validity only to the extent which corresponds to the
to the legislation of that State.
3. In exercising the rights provided by this article, the consular officer
shall act in accordance with the legislation of the receiving State.
Article 38
Consular officer is entitled to in accordance with the legislation of
of the receiving State to represent the person or through authorized
a representative of a national of the sending State before the authorities
of the receiving State, provided that the citizen cannot of
reason for the absence, or for other serious reasons around to take the defending
their rights and interests. Representation takes as long as this State
Member has failed to appoint a representative or is itself takes up the defense of their
rights and interests. Consular officer also may propose to the competent
authority to the hearing of the case was postponed until that time, than the State
Member will be notified and will have the opportunity to be present or
represented by.
Article 39
When the competent authorities of the receiving State learn that on its territory
He died, a national of the sending State shall without delay inform
the competent consular official and a copy of the death certificate, he shall send or
another document certifying the deaths.
Article 40
1.
and competent authorities) when the receiving State learn that on the territory of the
This State is the estate of a deceased person, any State
jurisdiction, to which consular officials may be entitled to represent
interests referred to in paragraph 3 of this article or when national
of the sending State in the receiving State when there is no one (with the exception of
the authorities of the receiving State), who would be entitled to make a claim on the
the administration of the estate, nor is there a representative of such a person, the authorities of the
It shall inform the competent consular official of the sending State.
(b) a consular officer shall inform) Likewise, the competent authorities of the receiving
State if it learns in a different way.
2. If the testator, who was a national of the sending
the State will leave the assets in the receiving State, the consular officer is
entitled to do so himself or through an authorized representative of the measures:
and) to protect and ensure the estate,
(b)) to ensure full administration of the estate.
3. In the event that a national of the sending State shall be entitled to
assets left by the deceased in the receiving State, regardless of the State
the nationality or the claim applies and is not in the receiving State
present or not otherwise represented in that State, the consular officer is
also entitled to represent the interests of the national in the same
range, as if the national of the forward at the consular
the clerk a valid power of attorney.
4. It is understood that
a) consular officer may take such measures in accordance with paragraphs 2 and 3
This article only in the case where such measures are taken
a person having the same or greater rights or its representative;
b) if under the legislation of the receiving State is to make
the measures referred to in paragraph 1. 2 and 3 of this article the necessary authorisation to
representation or a court decision, any such permit or
the decision of the consular officer will be released at his request, as
It was released by the duly authorised representatives of a national, whose
represents the interests of the consular officer. Where under the legislation of
of the receiving State permission to represent, or a court order may be
are only issued for this national, consular officer in
this case may act on the basis of this authorization, or command
as provided for in paragraph 1. 2 or 3 of this article.
5. the consular officer, on behalf of a national of the sending
the State, which is not present in the receiving State, received from the judicial
institution, body or person's money or other assets, including a share of the
the estate, salaries, made under the law on accident insurance
workers and payouts from insurance policies of life insurance, which has
that national shall be entitled as a result of the death of any person.
The judicial authority, the institution or person concerned, may
require that the consular officer has fulfilled the conditions to determine if the
as to the:
presentation of a power of attorney) or other authorization from the State
Member,
(b) appropriate proof of) the presentation of the adoption of such money or property
the national,
(c)) return of money or property, if such evidence is not presented.
6.
and If national) of the sending State to die at the time of their
stay on the territory of the receiving State, and in this State does not have a permanent
residence, the consular officer may take custody of money immediately and
things that the deceased had nationality together for the purpose of their
the protection.
(b)) consular officer is entitled to retain for themselves to further measures in
accordance with the relevant provisions of those objects which the deceased
He was carrying a national for their personal use, but any
the right to hold money or other property shall be subject to the provisions of paragraphs 2,
3 and 4 of this article, with the exception of cases where the legislation
the beneficiary State provides otherwise.
7. If the consular officer shall exercise the rights provided under this
article relating to heritage, shall be subject to in this range, irrespective of the
the provisions of articles 17 and 19, the civil jurisdiction of the courts
of the receiving State.
Article 41
1. a consular officer is entitled to propose a judicial or administrative
authority of the receiving State to persons qualified to perform the duties of the guardian
or guardian, in respect of a national of the sending State
or when it comes to such national assets in each
When this property is left unattended.
2. If the Authority considers that the proposed person for any reason for
unacceptable, the consular officer may nominate another person.
Article 42
1. the competent authorities of the receiving State shall inform the consular post
of the sending State in each case, when a national of a
the sending State was taken into custody, or when his personal freedom was
otherwise limited. The notification must be done as quickly as possible, and in any
case within 3 days from the time when he was taken into custody, or when the
his personal liberty otherwise limited.
2. the consular officer of the sending State, provided that they comply with
the conditions laid down for that purpose by the laws of the receiving State,
entitled to receive documents and maintain other links with the State
as a national taken into custody or whose personal freedom
otherwise have been limited, as well as do other measures necessary to provide
legal aid and legal representation of this national.
3. the consular officer, provided that they comply with the conditions laid down for
the purpose of the laws of the receiving State, is similarly entitled to
attend the national, talk with him, and to maintain contact with him.
The visit will be enabled as soon as possible, and in any case not later than 4
days from the time when he was taken into custody, or when she was his personal freedom
otherwise limited.
4.
and) in the case of criminal proceedings against a national of the sending
State, the consular officer will, on request, be informed of the charges
raised against the nationals.
(b) a consular officer of the sending State) will be in accordance with the laws
regulations of the receiving State shall be entitled to be present for the court proceedings
a national of the sending State, which occurs in the receiving
State.
5. in each case where a national of the sending State was
convicted and is in prison in the receiving State,
consular officer, provided that they comply with the conditions laid down for
the purpose of the laws of the receiving State, has the right to visit it,
talk with him and to maintain contact with him. Consular officer will
allowed to visit a national of a least once a month.
6. Nationality, subject to the provisions of this article,
the consular officer may receive packages containing food,
clothing, reading and writing resources in so far as it permitted
regulations applicable to the device in which it is held.
7. the competent authorities of the receiving State shall inform without delay the State
Member which is about his rights to receive visits and
keep, provided by this article.
Article 43
1. the consular officer is authorized to provide any assistance and support
the ship of the sending State, which arrived in the port or another
the berth within the borders of the consular district.
2. Consular officials may come into contact with the boat and come aboard,
as soon as the ship was enabled to establish contact with the Mainland.
3. the captain of the ship and the crew members can enter into contact with the consular
official. May also, in accordance with the legislation of the receiving
the State, on the port area and the access of foreigners to visit the
consular post.
4. the consular officer may request the assistance of the competent authorities of the
of the receiving State in each case, which affects the performance of its functions,
If it is a ship of the sending State or with regard to the captain and members of the
the crew of such vessel.
Article 44
1. the consular officer shall be entitled to
and) to investigate, without prejudice to the rights of the authorities of the receiving
State any case burned aboard the ship of the sending
State during the voyage, interrogate captain and any crew member,
examine the ship's documents and receive the Declaration relating to the voyage
ship and destination and also to assist in the entry, stay and departure of a ship from
port;
(b) take measures for hire) or the release of the captain, or
any member of the crew, if it is not in conflict with the law
of the receiving State;
(c)), without prejudice to provisions of article 45 to settle disputes of any kind between
the captain and any crew member, including any disputes relating to wages
and the employment relationship, in so far as this is allowed by the legislation of
of the sending State;
(d)), take measures for treatment in a hospital or to return to the homeland
the captain or any member of the crew of this ship;
e) receive, compile or make any statement or other
the document prescribed by the legislation of the sending State in respect
with the ship.
2. Consular officials may, in so far as it law
the receiving State permit, to appear with the captain or any
a member of the crew of the ship to the judicial or administrative authorities of that State,
provide them with all the help and to act as an interpreter in
matters between them and such authorities.
Article 45
1. The judicial authorities of the receiving State shall not carry out its authority,
as regards civil proceedings claims ship captain of the sending
State or member of the crew of such a ship concerning wages or the Treaty on
the performance of the work, without first having informed the competent consular
the official and refuse to exercise its jurisdiction if the consular
against this officer raises objections.
2. The judicial authorities of the receiving State may, however, exercise the jurisdiction in
all civil matters that are not excluded in paragraph 1
This article.
3. In addition, with the exception of cases where the competent consular
the officer so requests, or when with the consent of the judicial and administrative
the authorities of the receiving State will not exercise jurisdiction or not,
Depending on the nature of things when it comes to any event that occurred on board
the ship of the sending State, including the detention of any person on board the ship,
provided that it is justified under the law of the receiving
State.
4. The provisions of paragraph 3 of this article shall not apply to cases:
and) that are related to any offence committed on board a vessel
of the sending State:
1. If the consequences of the offence extend to the territory of the receiving
State;
2. in the case of a criminal offence, which by their nature disrupts the peace of
the territory of the receiving State, or disrupts order in its internal or
territorial waters;
3. a national of or against a national of the receiving
State, where appropriate, other person or against a person other than the captain
the ship or crew member;
4. that under the law of the receiving State is based of fact
the essence of the offence for which the term of imprisonment of at
at least 5 years or a more severe penalty;
(b)) that is associated with any measure that the competent authorities
of the receiving State, in respect of customs matters
immigration, public health, safety of life at
sea pollution of navigable waters, the radiotelegrafická connection or other
similar issues.
Article 46
1. Judicial and administrative authorities of the receiving State shall inform the competent
the consular officer of its intention to carry out enforcement measures or
any official investigation aboard the ship of the sending State. With
except in cases where this is impossible due to the urgency of the
matters, such communication shall be made before the start of measures to
When they can be present consular officer or his representative.
If the consular officer or his representative in the implementation of these
the measure was not present, the competent authorities shall, at his request,
detailed information regarding their progress.
2. the provisions of paragraph 1 of this article shall also apply to cases where the
the competent authorities of the port area they want to question the captain or
any member of the crew on the shore.
3. the provisions of this article shall not apply to the normal customs, immigration and
medical examinations carried out by these authorities, as well as on the
any act, made at the request of or with the consent of the captain of the ship.
Article 47
1. When a ship sinks, the sending State to the bottom or is
to jump to the shore or suffer other damage in the receiving State or the
If any article forming part of the shipwreck of the third
the State, which is owned by a national of the sending State,
found on the coast or near the coast of the receiving State or the
transported to the port of this State, shall report to the competent authorities of the
of the receiving State as soon as possible a report to the competent consular
official. Also, inform him what measures have been taken to the rescue
the ship, the lives of persons on board, cargo, and other property on board and
objects belonging to a ship or its cargo, forming part of that
to detach from the ship.
2. the consular officer can provide all the help of the ship, its
passengers and members of its crew, and for that purpose may request assistance
the competent authorities of the receiving State. May take the measures referred to in
paragraph 1 of this article, as well as measures to ensure the repair of the ship or can
ask the competent authorities to take such measures, or
continued.
3.
and) in cases where the ship or any article belonging to it have been
found on the coast or near the coast of the State addressed, or
they have been transported to the port of that State and not even the captain of the ship, the owner,
his agent nor the insurer do not have the ability to take action
for the protection and handling of ships, or the other subject, consular officer
will be considered to be authorized to do so on behalf of the owner of the ship the same
the measures, which would could make for this purpose by the owner himself.
(b) the provisions of subparagraph (a)). and) of this paragraph shall also apply, as regards the
any item that forms part of the cargo of the ship, and that is the property of the
of a national of the sending State.
4.
and) ship, the cargo, equipment and equipment, inventory and other objects from the ship,
provided that they are transported for use or consumption in
the receiving State, are not subject to customs charges or other taxes
of any kind imposed by reason of the importation.
(b)) Nothing in the provisions of subparagraph (a). and) of this paragraph shall be construed to
preventing the application of the legislation of the receiving State with regard to the
temporary storage of the goods.
5. If any subject, forming part of the cargo ship wrecked
of a third State, which is owned by a national of the sending
State and is found on the coast or near the coast of the receiving
State or is transported to the port of that State and not even the captain of the ship,
the owner of the subject matter, his agent or the insurer cannot
take measures to ensure the treatment of the subject, or consular
the officer is considered to be authorized to make on behalf of the owner of such
the measures, which could make for such purposes by the owner himself.
Article 48
The provisions of articles 43 to 47, with the exception of paragraphs 3 and 4 of article 45,
also apply to civil aircraft in the range in which the nature of things
admits.
Part V
Final provisions
Article 49
1. this Convention shall be ratified and shall enter into force on the 30th day after the
the exchange of instruments of ratification, which will take place in London as possible
soon as possible.
2. this Convention shall remain in force for a period of five years. In the case that
None of the High Contracting Parties notifies the other 12 months ago
the expiry of the said period of five years, of its intention to terminate this agreement
will remain in force until the expiry of 12 months from the date on which one
a High Contracting Party shall notify the other of any such intention.
The evidence that agents of High Contracting Parties to this Convention signed
and it seals.
Done at Prague on 3. April 1975 in two copies in the Czech language and
English, both texts being equally authentic.
For
the President of the Czechoslovak Socialist Republic:
Miloslav Corner in r.
For
Her British Majesty:
Goronwy-Roberts of Caernarvonu and Ogwenu in the r.