81/1987 Coll.
DECREE
Minister of Foreign Affairs of 21 September 2005. August 1987 on the Consular Convention
between the Czechoslovak Socialist Republic and the Republic of Iraq
16 December 2002. August 1985 in Prague signed a consular Convention between
The Czechoslovak Socialist Republic and the Republic of Iraq.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
the Republic has ratified it. The instruments of ratification were exchanged in Baghdad
3 December 2004. March 1987.
Convention entered into force, pursuant to article 50. on the day 2. April
1987.
The Czech version of the Convention shall be published at the same time.
Deputy:
Dr. Johannes v.r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Republic of Iraq
The Czechoslovak Socialist Republic
and
The Republic of Iraq,
guided by the common desire to maintain, strengthen and deepen
friendly relations on the basis of equality, respect for State sovereignty
and non-interference in the internal affairs,
Desiring to modify their consular relations and to define the rights, privileges and
immunity of their consular authorities and their members and ensure the protection of
their interests and the interests of their citizens,
have decided to conclude this Convention and, to this consular end have designated
their agents:
the President of the Czechoslovak Socialist Republic
Bohuslav Chnoupek,
the Minister of Foreign Affairs of Czechoslovakia,
the President of the Republic of Iraq
Tárika Aziz,
the Vice-President of the Government and Minister of Foreign Affairs
Republic of Iraq,
who, having exchanged their full powers, found in good and due
the form, have agreed as follows:
TITLE I OF THE
Article 1
The definition of the
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) the head of consular post ") is a 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 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) "family members" are the spouse, children and parents of the Member of the consular
the Office, who live with him in the same household;
k) "consular rooms" are the buildings or parts of buildings and lands to them
belonging exclusively used for the purposes of consular post, regardless of
on who owns them, including the residence of the head of
the consular office;
l) "consular archives" are all documents, documents, correspondence,
books, seals, movies, recording tapes and registers of consular post
together with the ciphers and codes, filing cabinets, and any parts of the device
intended for their protection and saving;
m) "official correspondence" is all correspondence relating to the
consular post and its functions;
n) "the ship of the sending State" is any ship flying the flag of
of the sending State, which has its jurisdiction and that it is in this State
registered, except ships of war;
about) "aircraft of the sending State" is any plane that has jurisdiction
of the sending State, which is registered in this State in accordance with
its laws and regulations and which bears his mark, with the exception of
military aircraft.
TITLE II
CONSULAR RELATIONS GENERALLY
Article 2
The establishment of consular post
1. each Contracting Party may, with the consent of the receiving State to set up the
its territory of the consular post.
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 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 3
Citizenship consular officials
The consular officer can only be a citizen of the sending State that the
the territory of the receiving State does not have a permanent residence.
Article 4
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
of the sending State or the receiving State.
3. 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.
4. 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.
5. 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.
6. the State which refuses to provide a exekvatur, it is not obliged to inform the
sending State the reasons for its refusal.
7. 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 5
Notify the authorities of the consular circuit
As soon as the head of the consular office accepted, albeit on a provisional basis, to the
the performance of its functions, the receiving State shall, without delay, notify about it
the competent authorities of the consular district. The implementation of the necessary
measures to ensure that the head of the consular office could carry out the duties
arising from its authority, and to enjoy the benefits arising from the provision of
of this Convention.
Article 6
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 the consular office is 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
the diplomatic mission.
2. the name of the temporary head of the consular post it is necessary to inform in advance
the beneficiary State through diplomatic channels.
3. the Temporary head of the consular office shall provide benefits, privileges and
immunity, which enjoys under this Convention, the head of the consular office.
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 7
The notification to the beneficiary State on the appointment, arrival and departure
1. Ministry of Foreign Affairs of the receiving State or authority
designated by that Ministry will notify:
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 have an impact on their status, which may
occur during their service to the consular post;
(b) the arrival and final departure of the) family member
consular office and, where applicable, the cases when a person is
becomes or ceases to be such a member of the family;
(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 residing in the receiving State,
as regards 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.
Article 8
Consular ID cards
1. the competent authorities of the receiving State shall issue a consular officer
a special card, which proves his identity and rank.
2. The provisions of paragraph 1 of this article shall apply to the consular
employees, members of the service staff and members of the private staff
provided that such persons are nationals of the receiving State or the
nationals of the sending State who have permanent residence on the territory of the
of the receiving State.
3. the provisions of this article shall also apply to family members
the persons referred to in paragraphs 1 and 2.
Article 9
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
Depending on the circumstances, either the State such person shall withdraw or terminate its function
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
the people 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 coming to 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 10
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 office ended;
b) citing 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.
TITLE III
CONSULAR FUNCTIONS
Article 11
Basic consular functions
Consular functions it depends, in particular:
and) in protecting the rights and interests of the sending State and its citizens and
legal persons in the receiving State;
(b)) to support the development of commercial, economic, cultural, scientific and
tourist relations between the sending State and the receiving State, and in another
the development of friendly relations between them;
(c)) in the survey on the situation and development of commercial, economic, cultural,
the scientific life and life in the field of tourism of the State addressed all
by lawful means and in the reporting of the Government of the sending State
and information to interested parties.
Article 12
The performance of consular functions
1. the consular officer is entitled to exercise in the circuit in the consular
accordance with the legislation of the receiving State, the consular functions.
Consular officer may, with the consent of the receiving State to exercise its
consular functions and outside the consular district.
2. Consular officials 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 the competent
international agreements.
Article 13
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 14
The registration of citizens of the sending State
Consular officer may maintain a register of citizens of the sending State who
have a permanent or temporary residence in the consular district. This
registration does not relieve such persons the obligation to respect the provisions of the
regulations and laws of the receiving State on the registration of foreigners.
Article 15
The issue of passports and visas
1. a consular officer is entitled to in accordance with the legislation of
of the sending State to issue, renew, amend, cancel, withdraw, or
hold the travel documents of citizens of the sending State.
2. a consular officer is entitled to issue, renew or cancel
the validity of the relevant visas to persons who wish to travel to
of the sending State.
Article 16
Functions in matters of personal status
1. Within the limits set by the legislation of the sending State is
consular officer shall be entitled to:
and to enter into marriage and register) between citizens of the sending State and
to issue the relevant documents;
(b)) take birth and death certificates of the citizens of the sending State and to take
copies of these documents;
(c)) receive the declarations concerning the family circumstances of the citizens of the sending
State;
(d)) receive the applications and declarations in matters of citizenship of the citizens of
the sending State and to issue the relevant documents.
2. the competent authorities of the receiving State shall, without delay and free of charge
at the request of the consular post of the sending copies of and extracts from the Registry Office on
the citizens of the sending State.
Article 17
Representation of the citizens of the sending State before the courts and other authorities
of the receiving State
1. in accordance with the legislation 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, due to the absence or of the
other reasons are unable to take in time defending their rights and interests.
2. Representation in accordance with paragraph 1 of this article shall, as soon as
represented by the persons they appoint their representative or ensure defending
their rights and interests.
Article 18
Functions in matters of guardianship
1. the consular officer may, within the scope of the laws and regulations
of the receiving State to take care of a minor or other citizen
of the sending State, which does not have full capacity to perform legal acts,
especially in cases when these persons are given the required
custody and guardianship.
2. 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 shall notify the competent consular authority.
Article 19
Notarial functions
1. Within the scope of the laws and regulations of the receiving State is
consular officer is entitled to exercise the consular office in an apartment
a citizen of the sending State, on board an aircraft or ship the sending
the State of the following features:
and to receive, to draft and) verifying the Declaration of the citizens of the sending State
and the contract between them;
(b)) to draw up, to certify and accept in trust wills and other documents and
Declaration of the citizens of the sending State;
c) validate the signatures of the authorised officials of the authorities of the sending or
of the receiving State, and validate copies, extracts and translations;
d) validate the signatures of citizens of the sending State;
e) verify the certificate of origin and the trade accounts of goods exported from
of the receiving State as well as other documents;
f) verify signatures, stamps and documents issued by the competent authorities of the
of the receiving State for their use in the posting State;
g) receive custody papers, documents, money and valuables that belong
citizens of the sending State or they are intended.
2. the documents and the documents referred to in paragraph 1 of this article shall have the same
force and evidence much in the receiving State, such as documents and documents
certified by the competent authority of that State, if they are not in conflict with the
the laws and regulations of that State.
Article 20
Functions in matters of inheritance
1. the competent authority of the receiving State shall immediately inform the consular
the authority of the sending State for the death of its citizen on the territory of the receiving
the State and sent him a death certificate and provide it with the information available on
dědice, succession and wills, as soon as they are available. The competent authorities of
the receiving State shall inform the consular post of the sending State,
If they learn that a citizen of the sending State has left property in the
a third State.
2. If, in the territory of the receiving State heritage passed on to heirs or
an authorized participant who is a citizen of the sending State, the competent
the authorities of the receiving State shall immediately inform the consular post of the
of the sending State.
3. the competent authority of the receiving State shall inform the consular post of the
the sending State of the measures taken to ensure and manage the heritage
Celtic heritage left in the territory of the receiving State to a deceased citizen of the sending
State. Consular officer, directly or through an authorised
representative to provide assistance in the implementation of measures to ensure the rights of the
citizens of the sending State of the heritage, including the supervision of the transport of
valuable things, which will be conducted in accordance with the law
of the receiving State.
4. Discuss the heritage on the territory of the receiving State, the chattel
or the proceeds from the sale of chattels or real estate to go
citizens of the sending State as authorized participants, heirs or
odkazovníku that does not stay in the receiving State and the management of the
did not participate in or was not represented, will be issued to consular post
of the sending State to pass on the condition that:
and the authorities of the receiving State) give their consent to transfer money or export
the property of this State to the sending State in accordance with the laws and
regulations of the receiving State and taking into account the principle of reciprocity;
(b)) have been paid all the debts of the succession or their payment has been
ensured within the time limits laid down in the laws and regulations of the receiving State;
(c) the heir or beneficiary) the participant has been detected;
d) fees have been paid and the tax on inheritance or their payment has been
provided.
5. If the sending State citizen dies during their transitional
stay in the receiving State, all his personal belongings and money along with
their list will be, after paying his debts, forwarded to the consular
the Office, unless the laws and regulations of the receiving State.
Article 21
Features relating to maritime and inland waterway transport
1. the competent authority of the receiving State shall immediately inform the consular
the authority of the sending State for the death of its citizen on the territory of the receiving
the State and sent him a death certificate and provide it with available information about the
dědice, succession and wills, as soon as they are available. The competent authorities of
the receiving State shall inform the consular post of the sending State,
If they learn that a citizen of the sending State has left property in the
a third State.
2. If, in the territory of the receiving State heritage passed on to heirs or
an authorized participant who is a citizen of the sending State, the competent
the authorities of the receiving State shall immediately inform the consular post of the
of the sending State.
3. the competent authority of the receiving State shall inform the consular post of the
the sending State of the measures taken to ensure and manage the heritage
Celtic heritage left in the territory of the receiving State to a deceased citizen of the sending
State. Consular officer, directly or through an authorised
representative to provide assistance in the implementation of measures to ensure the rights of the
citizens of the sending State of the heritage, including the supervision of the transport of
valuable things, which will be conducted in accordance with the law
of the receiving State.
4. Discuss the heritage on the territory of the receiving State, the chattel
or the proceeds from the sale of chattels or real estate to go
citizens of the sending State as authorized participants, heirs or
guardian who does not stay in the receiving State and the management of the
did not participate in or was not represented, will be issued to consular post
of the sending State to pass on the condition that:
and the authorities of the receiving State) give their consent to transfer money or export
the property of this State to the sending State in accordance with the laws and
regulations of the receiving State and taking into account the principle of reciprocity;
(b)) have been paid all the debts of the succession or their payment has been
ensured within the time limits laid down in the laws and regulations of the receiving State;
(c) the heir or beneficiary) the participant has been detected;
d) fees have been paid and the tax on inheritance or their payment has been
provided.
5. If the sending State citizen dies during their transitional
stay in the receiving State, all his personal belongings and money along with
their list will be, after paying his debts, forwarded to the consular
the Office, unless the laws and regulations of the receiving State.
Article 21
Features relating to maritime and inland waterway transport
1. Consular officials may in your circuit to provide assistance to the consular
the ships of the sending State, if they are in the internal or
coastal waters of the receiving State. The authorities of the receiving State to
the request shall provide the necessary assistance.
2. the consular officer has the right to a connection with the captain, the crew members and
passengers on the ship. Can enter the boat, check
documents, including those concerning cargo ship routes and locations
determine and investigate events that occurred on board the ship. Is entitled to
take measures in matters relating to navigation, if they are in accordance with the
the laws and regulations of the sending State and do not conflict with the laws and
regulations of the receiving State.
3. the captain of the ship or crew member that represents it, is entitled, without
special permit to connect with the consular officer, if consular
the authority shall have its seat in the maritime port. Does not have a consular here
Office is located, the travel authorisation must be obtained from the competent authority
of the receiving State.
4. where the authorities of the receiving State they intend to carry out the legal
measures on board the ship of the sending State, shall inform the consular
an official in advance so that it could be present. If it cannot be
present, must be sent a detailed protocol on the implementation of these
measures.
5. in the case of urgent measures, or if these measures
carried out at the request of the captain of the ship, must be about consular officer
informed without delay.
6. The provisions of paragraphs 4 and 5 of this article shall not apply if the
border and customs, health control, or cases where there is a
pollution caused by ships, the crew or the passengers.
7. If the sending State the ship fails, gets stuck, to jump ashore
or is otherwise damaged in the internal or territorial waters
of the receiving State, the competent authorities of the receiving State
shall report forthwith to the consular officer and get acquainted with it by
What measures have been taken to rescue and protect passengers, crew,
the cargo and the ship.
8. the consular officer may ask the competent authorities of the receiving
State to take measures to rescue and protect passengers, crew,
the cargo and the ship. If the events referred to in paragraph 7 of this
Article, the competent authorities of the receiving State will provide consular
official assistance necessary for the preparation and implementation of the relevant measures.
Article 22
Functions relating to civil air transport
The provisions of article 21 shall apply mutatis mutandis to civil aircraft
of the sending State, if this is not contrary to the laws and regulations
of the receiving State.
Article 23
Other consular functions
Consular officer may perform other consular functions, which are
entrusted to the sending State, and that are not laid down by this Convention,
If the receiving State agrees in advance.
TITLE IV
THE ADVANTAGES, PRIVILEGES AND IMMUNITIES
Article 24
Facilitate the work of consular post
The receiving State shall facilitate the full exercise of the functions the issuing consular office shall make
all the necessary measures to ensure that members of the consular post to perform
their obligations, and provide them with the privileges and immunities to which they are entitled
under this Convention.
Article 25
The use of the coat of arms and state flag
1. the coat of arms and the name of the sending State may be placed on the building
consular post and its entrance in the languages of the sending and the receiving
State.
2. the sending State Flag can be hoisted on the building of the consular
the Office, on the residence of the head of the consular post and its transport
resources, when they are used for professional purposes.
Article 26
Facilitating the acquisition of rooms and accommodation for the consular office of the members of the
consular office
The receiving State shall facilitate, in accordance with the laws of the sending State
obtain the necessary room for his consular post or help him
to get a room in a different way. In the case of buying
the receiving State will help also consular post when you obtain a suitable
accommodation for its members.
Article 27
The inviolability of consular Chambers
1. Consular premises are inviolable. The authorities of the receiving State
may enter into them, but with the consent of the head of the consular
the Office of the head of the diplomatic mission of the sending State or the person
responsible for some of them.
2. the receiving State has a special duty to take all reasonable
measures to protect consular rooms against any assault or
damage and to prevent any disturbance of peace consular office
or injury to his dignity.
3. 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 the corresponding compensation.
Article 28
The tax exemption of the issuing consular office apartments of its members and transport
resources
1. Consular room and the apartments of members of the consular post, which is
the owner or lessee of the sending State, shall be exempt from all
national, regional or local taxes and fees, with the exception of
the charges levied for the provision of services.
2. the relief referred to in paragraph 1 of this article shall not apply to taxes
and fees according to the law of the receiving State to pay the person
entering into a contractual relationship with the sending State or with the person
acting on its behalf.
3. the exemption referred to in paragraph 1 of this article shall apply to the
means of transport, which is owned by the sending State.
Article 29
Inviolability of the consular archives and documents
The consular archives and documents are always and everywhere be inviolable.
Article 30
Freedom connection
1. the receiving State shall permit and protect the freedom to join the consular
the Office for official purposes. In conjunction with the Government, diplomatic missions and
other consular authorities of the sending State, wherever they are, can
consular post shall use all appropriate means, including diplomatic
and consular couriers, diplomatic and consular baggage and
encoded or encrypted messages. Radio radio station may, however,
consular office to set up and use only with the consent of the receiving
State.
2. The official correspondence of the consular office shall be inviolable.
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. the Consular bag must be sealed and forming consignments
consular luggage must be labelled with a clear external indication
their character and may contain only official correspondence and documents
or articles intended exclusively for official use.
5. Without the consent of the receiving State shall not be the consular courier or
a resident of the receiving State or, if not a resident of the sending State,
a person with permanent residence in the receiving State. In the performance of its functions,
enjoys the protection of the receiving State. The consular courier shall enjoy personal
inviolability and shall not be in any way imprisoned or detained.
The consular courier shall be provided with an official Charter to indicate its
the Statute.
6. the Consular bag may be entrusted to the captain of the ship or the civil
the aircraft. The captain will be equipped with authentic instrument indicating the number of shipments
constituting the consular bag. After consultation with the competent authorities in the
the receiving State, the consular post may send one of its members,
to take the said baggage directly and freely from the captain of the ship or
the aircraft.
Article 31
Connections and contacts with citizens of the sending State
1. In order to facilitate the performance of consular functions relating to citizens
of the sending State:
a) consular officers shall have the right to join with the citizens of the sending
State and to have access to them. Citizens of the sending State shall have the same right,
as regards the connection with the consular officials of the sending State and
access to them;
(b)), the competent authorities of the receiving State will notify,
consular post of the sending State for cases where in his consular
place where a citizen of the sending State was arrested, imprisoned, and put to the binding or
detained in a different way, if referred to the citizen so requests. Also each
the message you have designated for the consular office of the person who has been arrested, is
in prison, in custody or detained shall be forwarded to the authorities
without delay. These authorities must, without delay, inform the person that did this
concerned about its rights, which by this point;
c) consular officers shall have the right to visit citizens of the sending
State who is in prison, custody or are detained, so that they could
talk, write and to ensure their legal representation. They also have the
the right to visit any citizen of the sending State who is in the
the prison, in custody or in their place is ensured on the basis of the judgment.
However, the consular officer shall refrain from acting on behalf of a private citizen who is in
prison custody or is apprehended, in the case of the citizen against the
the hearing raises the expressly 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 32
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 33
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. Amounts collected in accordance with paragraph 1 of this article shall be exempt from
all taxes and charges in the receiving State.
Article 34
The inviolability of consular officers
The consular officer, the person is inviolable. Consular officer may not
to be arrested or detained in any way. The receiving State will be with him
Act with due respect and shall take all appropriate measures to prevent
each attack against his person, freedom or dignity.
Article 35
The exclusion of consular officials from the jurisdiction
1. the consular officer is exempt from the criminal jurisdiction of the receiving
State. It is also excluded from its civil and administrative jurisdiction, except in the
cases, that goes:
and substantive action on) on private immovable property or movable property on
the territory of the receiving State, unless it is the custom in the consular officer
the representation of the sending State for the purposes of the consular post;
b) in an action relating to succession in which the consular officer as
a private person and not on behalf of the sending State, the executor
last will and Testament, administrator of heritage, the heir or odkazovníkem;
(c)) in an action relating to a profession or business activity, which
consular officer shall be exercised in the receiving State, in addition to its official
function;
(d)) of the action brought by a third party concerning damages arising out
the receiving State from an accident caused by a vehicle, boat or plane.
2. the consular officer is not subject to enforcement measures, with the exception of cases
referred to in subparagraphs), b), c) and (d)), paragraph 1 of this article,
If such measures can be implemented without it being violated
the inviolability of his person or of his dwelling.
3. The provisions of paragraphs 1 and 2 of this article shall also apply to family
members of the consular officials, if they are citizens of the sending
the State and do not have permanent residence in the receiving State.
4. Exclusion of the consular officer from the jurisdiction of the receiving State
It does not mean its exemption from the jurisdiction of the State of the sending.
Article 36
The exclusion of consular personnel from the jurisdiction of
1. in respect of acts done in the exercise of consular functions,
consular staff are not subject to the jurisdiction of the judicial and administrative
the authorities of the receiving State.
2. The provisions of paragraph 1 of this article shall not apply to
civil proceedings for actions referred to in article 35 paragraph 1
(a)), b), c) and (d)).
Article 37
Notification of arrest, detention or prosecution
The beneficiary State shall immediately inform the head of the consular office in
cases where a consular employee or a member of the professional staff
arrested, taken into custody or where criminal proceedings are brought against him.
Article 38
The obligation to give evidence
1. the consular officer is not obliged to give evidence as a witness.
2. Consular employees or members of the service staff can be
be prompted to appear as witnesses during court or administrative
control. Consular employee or a member of the staff of the personnel not
except in the cases referred to in paragraph 3 of this article refuse to give
the testimony. In the case that they do, may not be applied against him
coercive measures or punishment.
3. Consular employees or members of the service staff do not have the
obligation to submit testimony concerning things associated with the performance of their
functions or to submit to the official correspondence and documents these things
related. They are also entitled to refuse to give testimony as znalečtí
witnesses on the law of the sending State.
Article 39
Exemption from registration of aliens and residence permits
1. Consular officers and consular employees and their family
Members are exempt from all obligations imposed on the laws and regulations
of the receiving State, relating to the registration of aliens and residence permits
the stay.
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 40
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 their family members be exempt from the provisions of the social
security, which applies 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:
and that they are not citizens) of the receiving State, or do not reside in it;
(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 41
Exemption from taxation
1. Consular officers and consular employees and their family
Members are in the receiving State, be exempt from all taxes and
fees, personal or material, of 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 28;
c) survivors ' or probate fees and charges of the transfer of assets
levied by the receiving State, subject to the provisions of subparagraph (b)) article
43;
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
relating to investments, embedded in a commercial or financial
enterprises in the receiving State;
e) taxes and charges levied for the provision of specific services;
f) registration, legal, documentary, mortgage and kolkových
fees, subject to the provisions of article 28.
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 42
Exemption from customs levies and tours
1. the receiving State shall in accordance with its laws and regulations allow
imports and provide exemption from all customs duties, taxes and
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
their family members. Articles intended for consumption shall not
exceed the amount necessary for the direct consumption of the persons concerned.
2. Consular employees shall enjoy the privileges and exemptions in
paragraph 1 (b)) of this article, in respect of articles imported at the
the time of their first arrival in the Office.
3. Personal baggage accompanying consular officers and their family
Members shall be exempt from Customs examination. May be inspected by
only in the case that there is serious reason to believe that they contain other
subjects than those specified in paragraph 1 (b)) of this article or
articles the import or export of which is prohibited, laws and regulations
of the receiving State or which are subject to its laws and regulations that
quarantine. Referred to the tour must be made in the presence of
the consular official or a member of his family.
Article 43
The exemption in the case of the death of a member of the consular post
The beneficiary State in the event of the death of a member of the consular post or of its
family member:
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 collect any taxes or charges in respect of movable property,
that was in the territory of the receiving State only as a result of the stay
deceased in that State as a member of the consular post or of a family
a national of a member of the consular post.
Article 44
Special provisions on privileges and immunities
1. the provisions of this Convention on privileges and immunities shall not apply to
the employee or member of the staff of the consular staff, that is
a resident of the receiving State or a citizen of the sending State in a
a permanent resident in the receiving State or a citizen of a third State.
2. the members of the family of the employee or member of the staff of the consular
staff, if they are not nationals of the receiving State or the sending
State having permanent residence in the receiving State or citizens of the third
State or engaging in private gainful occupation, shall enjoy the privileges,
that are provided by this Convention, consular employees or
Member of professional staff.
3. The beneficiary State shall exercise its jurisdiction over persons
referred to in paragraphs 1 and 2 of this article in such a way as to
does not obstruct the performance of the functions of the unjustifiably consular office.
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 this Convention. Waiver must be explicit and with
exception of the provisions of paragraph 2 of this article shall be communicated to the
the beneficiary State in writing.
2. If a member of the consular post shall initiate proceedings in the case, in which the
benefited from the exemption from the jurisdiction of the judicial and administrative authorities referred to in article 35
paragraph 1 or article 36 paragraph 1 cannot rely on the exclusion of
jurisdiction in respect of actions associated with the principal claim.
3. Give up the immunity from jurisdiction in matters of civil or administrative
It does not mean to give up the immunity in respect of the enforcement of the judgment; She is
necessary to give up separately.
Article 46
Beginning and end of the 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. the members of the family member of the consular post shall enjoy the privileges and
the immunities referred to in this Convention, the date on which:
and a member of the consular post) shall enjoy the privileges and immunities referred to in paragraph
1 of this article;
b) enters into the territory of the receiving State;
(c)) becomes a family member of a member of the consular post.
3. When finished a member of the consular post, ending his privileges and
immunities and privileges and immunities of the Member of his family, usually in the
When the person concerned leaves the receiving State or after
the expiry of the grace period to do so. Privileges and immunities of persons referred to in
paragraph 2 of this article will end up at a time when such persons cease to be
family members of 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 a member of a consular post in the performance
his features, however, will take their exemption from jurisdiction without time
the restrictions.
5. in case of death of a member of the consular post will be his family
members continue to enjoy the privileges and immunities attributed to them, the
the time when they leave the receiving State or when the deadline for them to
It has been granted.
Article 47
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.
Article 48
Insurance against damage to third parties
Means of transport, which is owned by the sending State or that
are used for the performance of consular functions or whose owner is the
a member of the consular post or of his family, will be in accordance
the laws and regulations of the receiving State are insured against damage
caused to third parties.
TITLE V OF THE
FINAL PROVISIONS
Article 49
The ratification of the
This Convention is subject to ratification. The instruments of ratification shall be exchanged in
Baghdad.
Article 50
Entry into force and termination
This Convention shall enter into force on the thirtieth day after the date of the exchange of
instruments of ratification. Will remain in force for a period of five years and its
force will be automatically extended for another year, always if one
of the parties denounces it in writing at least six months before the expiry of the currently
the current period of validity.
Done at Prague on 16. August 1985 in two original copies, each in the
English and Arabic languages, both texts being equally authentic.
For the Czechoslovak Socialist Republic:
Ing. Bohuslav Chňoupek v.r.
For the Republic of Iraq:
Tariq Aziz v.r.
