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The Consular Convention Between Czechoslovakia And Poland

Original Language Title: o Konzulární úmluvě mezi ČSSR a Polskem

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83/1973 Sb.



The DECREE



Minister of Foreign Affairs



of 14 June. May 1973



the Consular Convention between the Czechoslovak Socialist Republic and the

Polish people's Republic



9 June. June 1972 was in Warsaw signed a consular Convention between

The Czechoslovak Socialist Republic and the Polish people's Republic.



With the Convention have expressed their consent 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 Prague on 20. March 1973.



According to its article 50 of the Convention entered into force on 19. April 1973.



The Czech text of the Convention shall be published at the same time.



Minister:



Ing. Now in r.



Consular Convention



between the Czechoslovak Socialist Republic and the Polish people's

the Republic of



The President of the Czechoslovak Socialist Republic and the Polish Council of State

the Republic of China,



guided by the desire to establish rules that would apply in the consular relations

between the two States, and develop these relations in a spirit of friendship and

cooperation, have decided to conclude a Consular Convention and the name for the

the purpose of its agents



the President of the Czechoslovak Socialist Republic



Dr. Bedřich Illka,



the head of the Consular Department of the Federal Ministry of



Foreign Affairs of the Czechoslovak Socialist Republic,



The State Council of the Polish people's Republic



Wladyslawa Wojtasika,



the head of the Consular Department of the Ministry of Foreign Affairs



The Polish people's Republic,



who exchanged their full powers, found in good and due form,

and agreed on the following provisions:



Title I Of The



The definition of the



Article 1



For the purposes of this Convention the following expressions have the following meanings:



and) the expression "consular post" means the Consulate General, Consulate,

vicekonzulát or consular agency;



(b)) the expression "consular circuit" means the territory of a designated consular office

to the exercise of consular functions;



(c)), the term "head of consular post" means the person designated to

performed the obligations associated with this feature;



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

the consular office, which was responsible for the exercise of consular functions;



(e)) the expression "consular employee" means any person employed in the

administrative, technical, or in the domestic services of the consular

the Office;



(f)), the term "members of the consular post" means consular officers,

and consular staff;



(g)) the expression "member of the domestic personnel" means any person employed by

exclusively in the domestic service of a member of the consular post;



h) the expression "consular" means the buildings or parts of buildings and

the land belonging to them, used exclusively for the purposes of the consular

the Office, regardless of who is the owner;



I) the expression "consular archives" includes all documents, documents,

correspondence, books, films, tapes and registers of the consular

the Office, together with the encryption equipment, filing cabinets and facilities intended for

their protection and saving;



j) the expression "official correspondence" means all correspondence

related to the consular post and its features;



k) the term "vessel of the sending State" means any vessel which is

the right to use the flag of the State of the sending State or registered in a

This State, with the exception of military vessels.



Title II



The establishment of consular authorities, the appointment of consular officials and

consular staff



Article 2



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

his consent.



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

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



3. Later changes to the headquarters of the consular post or of the consular changes

the perimeter of the sending State may carry out only with the consent of the receiving

State.



4. the prior explicit consent of the receiving State is needed in

When the Consulate General or Consulate's wishes to establish

vicekonzulát or consular agency in a place other than where it is

established, or the Office, forming part of the consular office, located outside the

the seat of this authority.



Article 3



1. The head of the consular post is received for the performance of their functions on the

the basis of the přivolení of the receiving State, called the exequatur, that is

granted after presentation of the konzulského patent.



2. Konzulský patent must certify the name, surname, the classification of

the head of the consular post, and the seat of the consular consular circuit

the Office.



3. In the meantime, he will be granted an exequatur, can be the head of

Consular Office adopted provisionally for the performance of its functions. In this

the case will be on him to apply the provisions of this Convention.



Article 4



1. If the head of the consular office to carry out its functions from the

for any reason, or if the head of consular post

temporarily uprázdněno, the head of the sending State the functions of the temporary

Consular Office of the delegate of the consular official of that Office, or

a member of the diplomatic staff of diplomatic missions; the name of this person is

need to communicate to the Ministry of Foreign Affairs in advance of the receiving State.



2. The temporary head of the consular office are provided by the law,

the privileges and immunities enjoyed by the head of the consular office in accordance with this

Of the Convention.



3. the credentials of a member of the diplomatic staff of diplomatic missions

the sending State consular functions pursuant to paragraph 1 shall affect the prerogatives of the

and immunities, which are granted on the basis of his diplomatic status.



Article 5



As soon as the head of the consular office accepted, albeit on a provisional basis, to the

the performance of its functions, it shall inform the beneficiary State responsible immediately

the authorities of the consular district and shall take the appropriate measures to

to perform official duties and to enjoy the benefits arising from this

Of the Convention.



Article 6



Consular officers may only have the nationality of the sending State.



Consular staff may also be a citizen of the receiving State.



Article 7



1. Ministry of Foreign Affairs of the receiving State will be in writing

notified:



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

the consular office, their final departure or the termination of their functions, and

all other changes affecting their status that may occur

during their service to the consular post;



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

the Office, who lives with him in a common household, and, where applicable, in

consideration, the cases when a person becomes or ceases to be a family

National;



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

applicable, the termination of their service;



d) admission to employment and the release of persons settled in the receiving

the State, in respect of members of the consular post or of the members of the household

personnel.



Title III



The rights, privileges and immunities



Article 8



1. the receiving State shall facilitate the exercise of the functions fully the consular office.



2. the receiving State shall treat consular members with the appropriate

respect and shall take all appropriate measures to ensure the protection of their

of the person, freedom and dignity.



Article 9



1. the emblem of the sending State and the inscription indicating

the consular post may be placed on the building in which the consular office

or residence of the head of this Office.



2. The national flag of the sending State may be hoisted on the building

the consular office, the residence of the head of this Office, as well as on its

means of transport at the time, when they are used for official purposes.



Article 10



The receiving State shall facilitate within its territory in accordance with its laws and

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

consular office and, if necessary, also obtain suitable accommodation

for members of the consular post.



Article 11



1. The sending State shall have the right, under the conditions laid down in the laws and regulations

the receiving State:



and to acquire the property), possess or use land, buildings or

parts of buildings designed for the location of the consular post for the residence

the head of the consular post or of other members for accommodation

the consular office;



(b)) to establish or adapt to these purposes, building on the

the grounds;



c) dispose of land, buildings or parts of buildings or the so obtained

built.



2. The provisions of paragraph 1 shall not relieve the sending State obligations

to adapt to the rules and restrictions in the field of building law and

urban design, which is valid for the area where they are or will be

be referred to the lands, buildings or their parts.



Article 12



1. The buildings or parts of buildings and the land belonging to them, which are

exclusively used for consular purposes, the residence of the head of

the consular office and apartments consular officers shall be inviolable.

The authorities of the receiving State may not enter them without the consent of the

the head of the consular office, the head of the diplomatic mission of the sending

the 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 the disturbance of peace or a consular office

dignity.



Article 13



Land and buildings listed in the article. 11 and the means of transport of the consular

the authority shall not be subject in any form rekvizici for the purposes of national defense or

the public needs.



If it is to be carried out for the purposes of the expropriation, must be taken

all possible steps to prevent any disruption of the consular functions, and

immediately must be paid reasonable and efficient replacement of sending

State.



Article 14



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

the other members of the consular office, the owner or the lessee is

the sending State or any person acting on its behalf, are

be exempt from all national, regional or local taxes and

the fees, with the exception of the charges levied for the provision of specific

services.



2. The exemption referred to in paragraph 1 shall not apply to taxes and charges,

which, according to the laws and regulations of the receiving State, the pay of the person

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

acting on its behalf.



Article 15



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



Article 16



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

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

missions and other consular authorities of the sending State,

anywhere, can use all appropriate consular office connection

means, including diplomatic and consular couriers, diplomatic

or consular baggage and encoded or encrypted messages.



2. the official correspondence of the consular post it is inviolable.



3. the Consular bag shall not be opened or detained. This luggage

must be provided with a clear external indication of its nature and may

contain only official correspondence, documents, and the needs of the intended

exclusively for official use.



4. the Consular bag may be entrusted to the captain of the ship or aircraft,

that has to land on the permitted entry. The captain must be equipped with a

the official Charter of indicating the number of parcels making up the consular

luggage, however, will not be considered for the consular courier. After discussion

with the competent local authorities may instruct any of the consular office

of its members, to take over the said baggage directly and personally from the captain

a ship or aircraft, or is transmitted.



Article 17



1. Consular officers and members of their families living with them in the common

households are exempt from the jurisdiction of the criminal, civil and administrative

of the receiving State.



2. The staff of the consular post shall enjoy immunity from the criminal jurisdiction,

Civil and administrative of the receiving State in respect of the activities in the framework of the

of their official duties.



3. The provisions of paragraphs 1 and 2 shall not apply to civil

Management:



and) resulting from contracts concluded by the consular officer or

the consular staff, expressly or obviously nesjednal as

a representative of the sending State,



(b)) initiated by a third party in the event of damage arising from an accident in the

the receiving State caused by a vehicle, boat or aircraft.



4. the persons referred to in paragraphs 1 and 2, however, will not abuse the immunities,

they were provided, and it is from them that they will observe the laws and

the laws of the receiving State, including traffic laws.



Article 18



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

the witnesses during court or administrative proceedings. Consular staff

cannot, except in the cases referred to in paragraph 3 of this article

to refuse to bear witness. If the consular officer refuses to submit

the testimony against him, shall not be applied to any law enforcement or other

the penalties.



2. the authority of the receiving State, requiring the testimony must ensure that

restrictions were placed on the consular officer in the performance of its functions. Whenever it is

possible, it may take testimony at his residence or at the consular

Office or accept testimony from him in writing.



3. The members of the consular post are not obliged to submit testimony to the

the facts linked to the performance of their functions or to submit the official

correspondence and documents relating to these facts. They are also

authorized to refuse to submit a testimonial as experts from national law

of the sending State.



4. the provisions of this article shall apply mutatis mutandis to the family

nationals of members of the consular post, living with them in the common

the household.



Article 19



1. The sending State may waive the privileges and immunities referred to in articles 17

and 18. Such a waiver must always be express and must be communicated to the

the beneficiary State in writing.



2. If a consular officer or consular employee shall start the

proceedings in the case, in which benefited from immunity from jurisdiction, it cannot

invoke immunity from jurisdiction in respect of actions related to each other

the principal claim.



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

does not waive the immunity and also as regards the enforcement power

the decision, which is necessary to give up separately.



Article 20



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

nationals living in a common household with them from all personal and

substantive services of any kind, public and military obligations,

such as requisitions, military kontribuce and accommodation of troops.



Article 21



Members of the consular post and members of their families living with them

in the household are exempt from all obligations imposed by the laws of the

and regulations of the receiving State with regard to the registration of aliens

residence permits, work permits and other formalities, which are generally

apply to foreigners.



Article 22



1. The members of the consular post and members of their families living with

them in a common household, are exempt from all taxes and charges,

whether personal or factual, national, regional and local, with

the exception:



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

services,



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

State, subject to the provisions of article 14,



c) inheritance taxes and charges levied on the transfer of assets

the receiving State, subject to the provisions of article 24,



(d) the fees of private income) of all kinds, whose source is in

the receiving State,



e) taxes and charges levied for the provision of special services



(f)), the Court of registration, mortgage and kolkových fees, with

subject to the provisions of article 14.



2. The members of the consular post who employ persons whose salaries

or wages are not exempt from income tax in the receiving State, it must

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

employers, as far as the levying of income tax.



Article 23



1. the receiving State shall permit the importation and re-exportation and shall grant the exemptions

from all customs dues, taxes and other charges, in addition to the fees for the

storage, cartage and similar services:



and) for objects, including cars, intended for official use

the consular office, and material for the purposes referred to in article 11

paragraph. 1 (a). (b)),



(b)) for articles intended for the personal use of members of the consular post, and

members of their families living with them in a common household,

including cars and objects intended for their initial equipment.

Consumer articles must not exceed the amount necessary for the direct need for

of the persons concerned.



2. The personal baggage of consular officers and their family

nationals living in a common household with them are exempt from

the customs inspection. May be inspected only in case if they are serious

reasons to believe that they contain objects other than referred to in (a)

(b)), paragraph 1 or articles the import or export of which is prohibited in the laws and

the legislation of the receiving State or, subject to its laws and

the provisions on quarantine. This tour can only be made in

the presence of a consular officer or a member of his family.



Article 24



The beneficiary State, in the case of the death of a member of the consular post or

the family living in a common household with him/her:



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

has been obtained in the host State and whose export is banned at the time of his

the death,



(b) does not collect inheritance taxes) or fees from the transfer of assets,

as far as movable property that was on the territory of the receiving State

only as a result of the stay of the deceased in this State as a member of the consular

Office or the family of a member of the consular post.



Article 25



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

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

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



Article 26



Members of the consular post shall comply with all obligations imposed by the laws and
the legislation of the receiving State in respect of insurance against damage

caused to third parties during the operation of the vehicle, ship or aircraft.



Article 27



Members of the consular post and members of their families living with them

in a common household, who are nationals of the receiving State or

in it permanently, usídleni who do not enjoy the privileges and immunities referred to in this Convention,

exception of the provisions of article 18, paragraph. 3 and 4.



Title IV



Consular jurisdiction and consular functions



Article 28



The task of the consular officer is to promote friendly relations between the two

States, to contribute to the development of economic, commercial, cultural, and

scientific contacts between them, to protect the rights and interests of the sending State and

of its citizens, including legal persons, and also to facilitate tourism.



Article 29



Consular officers may exercise their functions turn on:



and the relevant local authorities of his) consular circuit;



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

laws, rules and practices of the receiving State.



Article 30



1. the consular officer has the right in accordance with the laws and regulations

of the receiving State to represent or take measures to ensure appropriate

representation of the citizens of the sending State including legal persons before the courts

and other authorities of the receiving State in the case, when for the absence

or for other reasons are not with it in time to defend their rights and interests.



2. Representation in accordance with paragraph 1 shall expire as soon as the person represented by the

appoint an agent or ensure the protection of their rights and

interests.



Article 31



Consular officers have the right to:



and register for citizens of the sending State);



(b)) to issue passports or other travel documents of citizens of the

the sending State and extend their validity;



(c) to issue visas to persons) wishing to travel to the sending State.



Article 32



1. the head of the consular office is entitled to adopt a Declaration on the

the conclusion of the marriage, provided that both the person contracting marriage

are nationals of the sending State, and that this marriage is not contrary to the legal

regulations of the receiving State. If required by the laws and regulations

of the receiving State, the consular post shall inform the competent authorities of the

of the receiving State to closed marriages.



2. the consular officer can perform the registration of the birth, the conclusion of the

marriage and the death citizens of the sending State and the issue of the competent

the document. This, however, does not exempt citizens of the sending State obligations

comply with the laws and regulations of the receiving State in respect of the registration of

birth, marriage and death.



3. the competent authorities of the receiving State shall, without delay and free of charge

sent to the consular office copies and extracts of civil status documents relating to the

citizens of the sending State, required for official purposes.



Article 33



1. a consular officer is entitled to:



and receive and certify the statement) of the citizens of the sending State and issue

the relevant supporting documents;



(b) to prepare, certify, and) take into custody of wills and other documents

confirming the unilateral legal action of the citizens of the sending State;



(c) to verify the signatures of citizens) of the sending State;



(d)) to verify all the documents issued by the authorities of the sending or

of the receiving State, and to certify copies of and extracts from such documents;



(e)) take and verify the translation of documents;



(f)) and to verify the documents and draft contracts that they want citizens

of the sending State to conclude, if these instruments and contracts are not in

contrary to the laws and regulations of the receiving State and not to the establishment of the

or transfer of rights to real property located in this State;



(g) to prepare and validate the Charter) and the contract without interest to the State

the nationality of the parties, if these documents and contracts

only on the assets or rights existing in the sending State or the

concern matters that are to be implemented in this State under the conditions

that these documents and contracts are not contrary to the laws and regulations of the

of the receiving State.



2. the documents and the documents referred to in paragraph 1, the certified or certified

the consular official of the sending State in the receiving State, they have the

the same force and probative power as certified or certified documents

the judicial or other competent authorities of that State.



Article 34



Consular officers are entitled to receive from the citizens of the sending

State for safekeeping documents, money and valuable items belonging to them.



Article 35



Consular officials are allowed to serve judicial and extrajudicial

the document citizens of the sending State and the Court dealt with the request or

request of another public authority in accordance with applicable international agreements,

or if such agreements do not exist, in any other manner that is in accordance

the laws and regulations of the sending State.



Article 36



1. the authorities of the receiving State shall inform the consular post of the

cases where it is necessary to appoint a guardian or a guardian for the citizen

of the sending State who is a minor, does not have full capacity to

legal capacity, or over assets located in the receiving State,

that a citizen of the sending State for any reasons cannot manage.



2. Consular officials may come in contact in the matters referred to in paragraph

1 with the competent authorities of the receiving State, in particular, propose the appropriate

person as a guardian or custodian.



Article 37



Consular officer has the right to socialize with every citizen of the sending

the State, to provide advice and assistance and, if necessary, to secure him

legal aid. If a citizen of the sending State's wishes to visit

the consular official or otherwise fit in with him, will not be

the beneficiary State in no way restrict the access of the citizen in the

consular post of the sending State.



Article 38



1. the competent authorities of the receiving State shall immediately inform the

consular post of the sending State for each case, custody or

about any other form of deprivation of liberty of a citizen of the sending State.

The message from such a person designated by the consular office must be

authorities immediately delivered.



2. the consular officer has the right to visit the citizen of the sending State,

that is in the custody or deprived of his liberty by any other means, so that it could

talk, write and arrange his defence. He also has the right to

visit any citizen of the sending State who is in the performance of

the sentence of imprisonment on the basis of the judgment.



3. the competent authorities of the receiving State shall inform the persons

It concerns the provisions of this article, of all the rights to them under

These provisions belong.



4. The rights referred to in this article shall be exercised in accordance with the laws and

the legislation of the receiving State, provided that such laws and regulations

must allow the full realization of the objectives for which these rights are

provided by the.



Article 39



1. In the case where the competent authority of the receiving State learn about

Heritage after citizens of the sending State in the receiving State, the deceased

shall inform without delay the consular official of the sending State.



2. In the case where the competent authority of the receiving State learn about

Heritage after the deceased in this State, without losing sight of her citizenship,

that may relate to a citizen of the sending State, shall inform the authority of the

immediately the consular official of the sending State.



3. the competent authority of the State in whose territory is situated the legacy referred to in

paragraphs 1 and 2, it shall take the necessary measures in accordance with laws and regulations

of the State to ensure the heritage and delivers consular officer a copy of the

the will, if it was taken, as well as any available information about the

heirs, the content and the value of the heritage, and also inform him about the term

the initiation of proceedings or on the stage, in which they are located.



4. In matters relating to ensuring the legacy referred to in paragraphs 1 and 2 may

consular officer to cooperate with the competent authorities of the receiving

the State, in particular:



and when all necessary measures) to prevent damage to the heritage, including

the sale of movable property,



(b)) in the determination of the administrator or guardian heritage and in obtaining

other matters relating to the administration of the heritage.



5. If a citizen of the sending State shall be entitled to the heritage located

in the receiving State and the citizen is not permanently usídlen in this State

and it is not otherwise represented, the consular officer has the right to

represent it directly or through a representative before the courts or

other authorities of the receiving State.



6. the Consular official of the sending State may receive portions

or references to the citizens of this State, belonging to a people who are not permanently

usídleni in the receiving State, as well as all payments by way of compensation

damage, retirement and social security, as well as income from the fuse box under the

the purpose of the transmission of the authorised persons.



7. Movable property and monetary amounts resulting from the liquidation of succession

belonging to citizens of the sending State may be forwarded to the consular

official on condition that the claims of the creditors of the deceased have been met
or secured and that all taxes and charges relating to the heritage

have been paid or secured.



Article 40



1. In the case where a citizen of the sending State who is not permanently usídlen in

the receiving State, died during his journey on the territory of that State,

things left him passed without any special management consular

an official of the sending State. Consular officer to whom these things

passed, the commitments made by the deceased at the time of his stay in

the receiving State to the value of these items.



2. a consular officer is entitled to send abroad with regard to the

laws and regulations of the receiving State Heritage listed in paragraph 1

This article, as well as in paragraphs 6 and 7 of article 39.



Article 41



1. the consular officer is authorized to provide any assistance to ships

the sending State and their crews; can use the law on supervision and

the sending State inspection of ships and their crews for the modified laws and

provisions of that State, as well as do all the measures to ensure the

compliance with the laws and regulations of the sending State, which relate to the

maritime transport. For this purpose, may also attend the ship

the sending State immediately after their arrival and check-in

also receive the visits of captains and crews of such ships.



2. The provisions of paragraph 1 shall apply mutatis mutandis to ship inland

the voyage of the sending State.



3. the authorities of the receiving State will recognize all the measures taken by the

the consular officer in accordance with the laws and regulations of the sending State

to ships of this State and their crews, including measures to close

or termination of employment with the captain and crew members, as well as to the

the decision of disputes of all kinds between the captain and crew members for the

provided that such measures do not affect the jurisdiction of the courts and other

the authorities of the receiving State in respect of offences to subvert the public

order and safety of the port, nor their rights to use the laws and

the laws of the receiving State in respect of all ships, regardless of their

nationality, which are located on the territory of this State. In the performance of

such activities may turn for assistance, the consular officer to the competent

the authorities of the receiving State.



Article 42



1. in the case where the Court or other authority of the receiving State, intends to take the

in custody or confined to personal freedom in any way on the Board

the captain of a ship of the sending State or member of the crew of this ship, or

any person who is not a citizen of the receiving State, or to ensure the

any property on board, the competent authorities of the receiving

State of the consular officer at such a time, enabling it to

the presence on the boat before the start of this Act. If there is no previous

notification of the consular official may be, the competent authorities of the receiving

the State shall inform it as quickly as possible, but no later than at the time of

the initiation of the said Act. These bodies will allow the consular officer

a visit with the person, which was limited to personal freedom of any

in a way, and an interview with her, and also the implementation of the measures required for the

to protect the interests of that person or ship.



2. The provisions of paragraph 1 shall not apply to the usual checks carried out

the authorities of the receiving State in passport, customs matters,

health and to the protection of life at sea, as well as all the operations

made at the request of the captain of a ship or in agreement with him.



Article 43



1. If the sending State the ship suffered a crash, ran

aground, was vyvržena to the Bank or suffered other damage in intrinsic

or in the territorial waters of the receiving State or, if the

any object belonging to this ship or forming part of the

the cargo or the cargo ship wrecked forming part of the third

the State, which is the property of the sending State or a citizen of this

the State has been found in the receiving State, the competent authorities of that State

about the consular officer shall without delay, and at the same time it shall inform the

on the measures taken to ensure and protect the ship, as well as persons,

cargo and property on the ship. The above measures will be taken, if possible,

in collaboration with the consular officer and the captain of the ship.



2. In the absence of any other person entitled to such

capacity is considered to be a legitimate consular officer to make the same

the measures, which could make itself the owner, if he was present, if

as for the:



and the sending State, ship) cargo or any object belonging

to the ship or its cargo, forming part of the, which was separated from the ship;



(b) the cargo or any subject) forming part of the cargo of the ship crashing

a third State, which is the property of the sending State or a citizen of the

in this State, if they were found on the territory of the receiving State or the

transported to the port of that State.



3. the competent authorities of the receiving State shall provide consular

an official at its request, the necessary assistance for its action in the

the context of shipping accidents.



4. Damaged the ship, cargo, equipment, facilities, supplies or other articles

of this ship are not subject to customs charges or other similar

charges, if they are not intended for use or consumption in

the receiving State.



Article 44



The provisions of articles 41, 42 and 43 shall apply mutatis mutandis to aircraft

registered in the sending State with the exception of military aircraft.



Article 45



1. The consular post may collect on the territory of the receiving State for the

consular operations fees and benefits laid down by laws and regulations

of the sending State.



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

be exempt from all taxes and levies of the receiving State.



Article 46



Consular officer may perform other consular functions, which are

entrusted to the sending State, and that are not contrary to the laws and

the legislation of the receiving State.



The Head Of The



General and final provisions



Article 47



1. All persons enjoying privileges and immunities under this Convention

shall without prejudice to such privileges and immunities to respect the laws and

the legislation of the receiving State.



2. Consular room will not be used in a manner that would be in the

inconsistent with the exercise of consular functions.



Article 48



1. the provisions of this Convention shall apply mutatis mutandis to the exercise of the consular

the functions of diplomatic missions.



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

the Department notified in writing the Ministry of Foreign Affairs

of the receiving State.



3. the members of the diplomatic mission referred to in paragraph 2 shall continue to be accorded

privileges and immunities granted to them on the basis of their

the diplomatic status.



Article 49



Date of entry into force of this Convention shall cease to be valid, the Consular Convention

between the Czechoslovak Republic and the Polish people's Republic agreed in

Prague, May 17. May 1960.



Article 50



1. the Convention is subject to ratification and shall enter into force on the 30th day after the date of

the exchange of instruments of ratification, which occurs in Prague.



2. this Convention is concluded for an unlimited period of time. May be terminated

by a written notice to each of the High Contracting Parties. In this case,

shall cease to have effect after the expiration of six months from the date of termination.



On the evidence of which agents of High Contracting Parties to this Convention signed

and seal it.



Given in Warsaw, 9 September. in June 1972, in two originals, each in the language

the Czech and Polish, both texts being equally authentic.



From the full power of the President of the Czechoslovak Socialist Republic:



B. Illek in r.



From the full power of the State Council of the Polish people's Republic:



Wladyslaw Wojtasik in r.



Annex.



Protocol



the Consular Convention between the Czechoslovak Socialist Republic and the

Polish people's Republic



When the signing of the Consular Convention between the Czechoslovak Socialist

Republic and the Polish people's Republic today, the undersigned

agents, duly empowered, have agreed even on the following provisions:



1. The High Contracting Parties agree that the consular officer will be taking

into custody or deprivation of liberty of a citizen of the sending State to any

another form referred to in article 38, paragraph. 1 Consular Convention to conform to what

as possible in the shortest time, at the latest within 3 days from the date of detention or

any other form of deprivation of liberty.



2. The High Contracting Parties agree that the right to visits, as referred to in

Article 38, paragraph. 2 the Consular Convention, the consular officer

granted in the shortest possible period, but not later than 5 days from the taking into

custody or deprivation of liberty of a citizen of the sending State to any other

in the form.



This Protocol forms part of the Consular Convention between the above

The Czechoslovak Socialist Republic and the Polish people's Republic.



Drawn up in Warsaw, 9 September. in June 1972, in two originals, each in the

the Czech and Polish languages, both texts being equally authentic.



From the full power of the President of CZECHOSLOVAKIA:



B. Illek v.r.



From the full power of the State Council of PLR:



Wladyslaw Wojtasik v.r.