42/1979 Sb.
DECREE
Minister of Foreign Affairs
of 31 March 2004. January 1979
a Consular Convention between the Czechoslovak Socialist Republic and the
The Italian Republic
On 19 December. October 1975 in Prague signed a consular Convention between
The Czechoslovak Socialist Republic and the Italian Republic.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the President of the Republic has ratified it.
The instruments of ratification were exchanged in Rome on 7. December 1978.
According to article 66 of the Convention entered into force on 6. January 1979.
The Czech version of the Convention shall be published at the same time.
Minister:
Ing. Chňoupek v.r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Italian Republic
The President of the Czechoslovak Socialist Republic
and the President of the Italian Republic,
guided by the desire to establish rules which would apply in the consular relations
between the two countries, and to develop these relations in a spirit of friendship and
cooperation,
have decided to conclude a consular Convention, and for this purpose its name
agents:
the President of the Czechoslovak Socialist Republic
Dr. Dušan Spáčil,
the Deputy Minister of Foreign Affairs of the Czechoslovak Socialist
Republic,
the President of the Italian Republic
Francesca Cattaneie,
social podtajemníka of the Italian Ministry of Foreign Affairs
Republic,
who exchanged their full powers, found in good and due form,
and agreed on the following provisions:
TITLE I OF THE
Definitions and general provisions
Article 1
For the purposes of this Convention the following expressions have the following meanings:
a) "consular post" is a Consulate General, Consulate, vicekonzulát or
Consular Agency;
(b)) "consular circuit" is the territory of the specified consular post for the performance
consular functions;
(c)) "head of consular post" is any person responsible for the posting
the State, to carry out duties associated with this feature;
(d)) "consular officer" is any person, including the head of the consular
the Office, which was responsible for this function in the exercise of consular functions;
e) "consular employee" is any person employed in the
administrative or technical services of the consular office;
f) "member of the staff of the personnel" is any person employed in the domestic
consular services;
g) "members of the consular post" are consular officers, consular
employees and members of the staff of the personnel;
h) "members of the consular staff" are the consular clerk in addition
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 relatives of the person concerned, who live with her
at its own expense in the same household;
k) "consular room" are buildings and parts of buildings and lands to them
belonging, used exclusively for the purposes of the consular post, without
regardless of who owns them;
l) "consular archives" includes all documents, documents,
correspondence, books, movies, recording tapes and registers of the consular
the Office, together with the ciphers and codes, filing cabinets, and any parts of the device,
intended for their protection and save.
Article 2
1. Consular Office may be established in the territory of the receiving State only with the
his consent.
2. the registered office of the consular post, his class and consular circuit are
determined by the sending State and the receiving State are subject to approval.
3. additional changes to the seat of the consular post, its class or changes
consular circuit can carry out only with the agreement of the sending State
of the receiving State.
4. the prior explicit consent of the receiving State is required
also to establish offices forming part of the consular office, located
outside the headquarters of the authority.
Article 3
1. the head of the consular office are able to perform their functions on the
the basis of the consent of the receiving State, called the exequatur, that is
granted after submission of the konzulského patent.
2. Konzulský patent must certify the name, surname and the head of the class
consular, consular circuit and the seat of the consular office.
3. the State which refuses to grant an exequatur, is not obliged to inform the
sending State the reasons for its refusal.
4. In the meantime, before he will be granted an exequatur, can be the head of
consular office accepted on a provisional basis for the performance of its functions. In this
the case will be on him, subject to the provisions of this Convention.
Article 4
1. If the head of the consular post may exercise their functions from
any reason, or if the post of head of consular post
uprázdněno, the temporary head of the sending State
Consular Office of the consular officer of the Office of the delegate or
another consular post or a member of the diplomatic staff
diplomatic missions; the name of this person will be communicated in advance to the Ministry
Foreign Affairs of the receiving State.
2. the Temporary head of the consular office shall provide the rights, privileges and
immunities which they enjoyed under the Convention, the head of the consular office.
3. If a member of the diplomatic staff of diplomatic missions
of the sending State in the receiving State entrusted with the sending State
the functions of the temporary head of the consular post, under the conditions referred to in
paragraph 1 of this article, it will be, if the beneficiary State against
raises no objection, continue to enjoy diplomatic privileges and immunities.
Article 5
As soon as the head of the consular office accepted, albeit on a provisional basis for the exercise of
its functions, it shall inform the competent authorities of the receiving State shall immediately
the consular district and shall take measures in order to carry out the duties
arising from its authority, and to enjoy the benefits of this Convention.
Article 6
Consular officials must be nationals of the sending State.
Article 7
1. the receiving State may at any time and without giving reasons for its decision
notify the sending State that a consular officer is a persona
non grata or that any other Member of the consular staff is
unacceptable. In this case, the sending State shall withdraw or this person
terminates its function to the consular post. If the receiving State shall take
This notice before a person appointed to the Office of Member of the consular
the Office will be arriving on its territory, the sending State shall revoke the appointment.
2. If the sending State refuses or fails to comply within a reasonable time
commitments, which is referred to in paragraph 1 of this article, the receiving
Depending on the nature of the case the State withdraw the exequatur to the person concerned, or
stop it as a member of the consular staff.
Article 8
1. Ministry of Foreign Affairs of the receiving State will be in writing
report:
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 regarding their status that may occur
during their service to the consular post;
(b) the arrival and final departure of) a family member of a member of the consular
the Office and, where applicable, the cases when a person becomes or
ceases to be a member of the family;
(c) the arrival and final departure) of the members of the private staff and, where
applicable, the termination of their service;
d) admission to employment and the release of people settled in the receiving
State, in respect of members of the consular post or private members
staff.
2. arrival and final departure will be notified within a reasonable time in advance.
Article 9
A member of the consular post ends, in particular:
notification of the posting State) to the beneficiary State that its
the feature ended;
(b)), citing the exequatur;
(c) the notification of the recipient country) sending State receiving him
the State ceased to be considered a member of the consular staff in cases
envisaged in article 7 (2). 2.
TITLE II
Privileges and immunities
Article 10
1. the receiving State shall facilitate the exercise of the functions in full consular post
consular officers and consular employees. Shall take the necessary
measures to the consular post, consular officers and consular
employees can enjoy the rights, privileges and immunities as provided for in this
the Convention.
2. the receiving State shall treat consular officers with due
due respect and shall take all necessary measures to ensure the protection, freedom and
dignity.
Article 11
1. The sending State shall have the right to use its State in the receiving State
the flag and the national emblem in conformity with the provisions of this article.
2. the national flag of the sending State may be posted up, and coat of arms
located on the building of the consular post and its entrance, on the headquarters of the
the head of the consular post and its means of transport, when the
they are used to service purposes.
3. in exercising the rights provided for in this article will take into account the
laws and practices of the receiving State.
Article 12
1. the receiving State shall either facilitate the use on its territory in accordance with their
the legislation of the sending State to obtain rooms necessary for the
consular post or help him obtain a room in a different way.
2. If necessary, will also help in obtaining a consular post
suitable accommodation for its members.
Article 13
1. Consular officers and consular employees are exempt from the
the jurisdiction of the receiving State in respect of acts in the exercise of their
consular functions.
2. This exclusion of liability does not apply to consular officials and
consular personnel resulting from the failure to fulfil the contract or for damages
caused by a vehicle, boat or plane.
Article 14
1. in the case where it is against the consular official of the criminal
proceedings will be treated with the respect that corresponds to its official
position and manner which least distort its function.
2. Consular officials may be arrested or taken into custody only in the
the case of intentional crime, from which it is accused and which is
fixed penalty of a maximum penalties of at least 5 years
freedom. The statement, which the consular officer is deprived of his liberty,
in all cases, must be issued to the ordinary judicial authority.
3. If the consular officer or a consular employee of the prosecuted
or arrested or taken into custody, the competent authorities are required to
immediately inform the head of the consular post of the sending State.
If such measures are taken against himself, the beneficiary State is
obliged to inform the sending State through diplomatic channels.
The proceedings will be conducted and concluded as quickly as possible.
4. the outcome of any criminal proceedings relating to the consular
officer or consular employee of the sending State shall be
communicated to the competent authority of the consular post.
However, if the proceedings are conducted against the head of consular post
the communication, the receiving State is done sending State
through the diplomatic channel.
Article 15
1. members of the consular post may be invited to appear as a
witnesses to the Court or administrative proceedings. Consular employees and
members of the service staff shall not, except in the cases referred to in
paragraph 3 of this article, refuse to testify as witnesses. The refusal of the
consular officer to testify as a witness shall not be exercised against him
any enforcement action or penalty.
2. the requesting Authority from the consular officer's testimony, must not interfere with
performance of its functions. Where possible, it may take evidence in his
dwelling or consular post or receive from him a written
Declaration relating to the testimony.
3. members of the consular post and members of their families do not have the
the obligation to give evidence as witnesses on matters connected with the performance of their
functions or to submit to the official correspondence and documents, these things are
related. They are also entitled to refuse to give an advisory opinion as experts
the legislation of the sending State.
Article 16
1. The sending State may, in respect of a member of the consular post, give up
the privileges and immunities referred to in articles 13 a14.
2. The waiver must be, with the exception of the provisions of paragraph 3 of this
the article, in all cases, explicit and must be communicated to the receiving
State in writing.
3. If a consular officer or consular employee shall submit a proposal
on the initiation of proceedings in a case in which it would receive immunity from jurisdiction under the
Article 13 cannot invoke immunity from jurisdiction in respect of an action
each other directly related with the pleas by the examination of the proposal.
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 the judgment; This immunity is necessary to give up separately.
Article 17
1. the buildings or parts of buildings and the land which belong to them are used exclusively
for consular purposes shall be inviolable.
The authorities of the receiving State to them cannot enter without the permission of
the head of the consular post, the head of the diplomatic mission of the sending
State or persons designated by one of them.
The provisions of this article shall also apply, as regards the seat of the head of
consular post, on condition that it is intended solely for this purpose and
It is located in the same building in which are located the consular
the room.
2. the receiving State has the obligation to take all appropriate measures to
consular protection of rooms against any assault or damage and
to prevent a breach of the peace or the consular office of the injury to his
dignity.
3. the Consular premises, their equipment and property of the consular post
as well as its means of transport cannot be used in any form
for the purpose of national defence or public needs. In the event that it is necessary to
perform the expropriation for these purposes, will be made all the appropriate
measures to prevent any disruption of the exercise of consular functions
and that the sending State was granted immediate, adequate and effective
replacement.
Article 18
The consular archives and documents are always and everywhere be inviolable. In
the consular archives can be stored only the documents of an official nature.
Article 19
The receiving State shall exempt members of the consular post and their family
Members from all personal services, public services of any
species and from military obligations such as requisitions, military
military contributions.
Article 20
1. Consular officers and consular employees and their family
Members are exempt from all obligations imposed by legislation
of the receiving State with regard 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, or
their family members.
Article 21
1. subject to the provisions of paragraph 3 of this article are members of the
consular office in terms of the services that they perform for the sending
State and 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 exclusively for members
the consular authority, provided that:
and that they are not citizens) of the receiving State or are not permanently settled in it
and
(b)) that they are subject to the social security legislation in force in the
the posting State or in a third State.
3. members of the consular post of employing persons with
not covered by the exemption referred to in paragraph 2 of this article must comply with the
obligations which impose provisions concerning social security
of the receiving State to employers.
4. The exemption provided for in paragraph 1 and 2 of this article shall not preclude the voluntary
participation in the social security system of the receiving State for the
provided that participation therein is permitted to the receiving State.
Article 22
1. Consular officers and consular employees and their family
Members are exempt from all taxes and fees, and personal
or in kind, of national, regional and local, with the exception of:
a) indirect taxes, which are usually included in the price of goods or services;
(b)) taxes and fees from private real estate on the territory of the receiving
State, subject to the provisions of article 25;
c) inheritance taxes and taxes payable to the beneficiary of the transfer of assets
State, subject to the provisions of article 24, paragraph (b));
d) taxes and fees from private revenue, including revenue from capital,
that has its source in the receiving State, and from property taxes
applicable to investments in commercial or financial
enterprises in the receiving State;
e) taxes and charges levied for the provision of specific services;
f) registration, Court, the mortgage and fees, kolkových
subject to the provisions of article 25.
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 income
or wages are subject to income tax in the receiving State, it must meet the
the obligations which the law of that State
employers, in respect of the levying of income tax.
Article 23
1. the receiving State in accordance with the law, shall permit the
imports and provides exemption from all customs duties, taxes and other
charges for storage, cartage and similar services:
a) for items, including cars, intended for official use
the consular office;
(b)) in articles intended for personal use by consular officials and
members of their families living with them in the same household,
including articles intended for their initial device. Articles intended
for consumption shall not exceed the amount necessary for direct consumption
of the persons concerned.
2. Consular employees shall enjoy the privileges and exemptions specified in
paragraph 1 of this article, in respect of articles imported at the
taking 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 subparagraph (b)), paragraph 1 of this article or
articles the import or export of which is prohibited by the legislation of
of the receiving State or, subject to its laws and regulations that
quarantine. Such inspection may be carried out only in the presence of
of the consular official 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 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 is prohibited at the time of his
death;
(b)) will not levy national, provincial or local probate fees or
fees from the transfer of assets in respect of movable property that was on the
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 post or of a family member of a Member
the consular office.
Article 25
1. Consular room and seat of the head of the consular office, the
the owner or lessee of the sending State or any person
acting on its behalf, shall be exempt from all national,
regional or local taxes and fees, with the exception of charges
levied for the provision of specific services.
2. The tax exemption referred to in paragraph 1 of this article shall not apply
taxes and fees, which, according to the legislation of the receiving
State to pay the person entering into the contractual relationship with the sending State
or with a person acting on his behalf.
Article 26
1. the receiving State shall permit and protect the freedom to join the consular
the authority for all official purposes. In conjunction with the Government, the diplomatic
missions and other consular authorities of the sending State, whether they are
Anyway, the consular post to use all appropriate connectors
means, including diplomatic or consular couriers
diplomatic or consular baggage and coded or
encrypted messages. Radio broadcasting station, however, the consular post may
to set up and use only with the consent of the receiving State.
2. The official correspondence of the consular office shall be inviolable. The expression of
"official correspondence" means all correspondence related to
consular post and its features.
3. consignments of constituting the consular bag shall be labelled with a clear
external indication of their character and may contain only official
correspondence and documents or articles intended exclusively for official
the use of the.
4. the Consular bag shall not be opened or detained nor. If
However, the competent authorities of the receiving State have serious grounds for
believing that the baggage contains anything other than official correspondence,
documents or articles intended exclusively for official use, may require
that bag was opened in the presence of the responsible representatives of the
of the sending State. The authorities of the sending State, if such a request is
they refuse, the luggage at the place where it comes from.
5. the Consular bag may be entrusted to the captain of the ship or the civil
the aircraft has to land at the point of entry. The captain must be
equipped with authentic instrument indicating the number of parcels making up the consular
baggage, however, will not be treated as a consular courier. After discussion
with the competent local authorities may instruct any of the consular post
of its members, to take over the bag directly and freely given from the captain
ship or aircraft, or forward them to him.
Article 27
Subject to the legal provisions of the receiving State on the areas in which
access is disabled or modified for reasons of State security, ensure
the beneficiary State to all the members of the consular post of the freedom of movement and
travel within its territory.
TITLE III
Consular jurisdiction and consular functions
Article 28
Consular officers are entitled to:
and) to protect the rights and interests of the sending State and of its citizens, including
legal persons, in the receiving State;
(b)) to support the development of commercial, economic, cultural and scientific
relations between the Contracting Parties and to develop friendly relations between them;
(c) all lawful means) status, and the development of a commercial,
economic, cultural and scientific life of the receiving State and
report on the Government of the sending State messages and provide information
to interested parties.
Article 29
Consular officers may exercise their functions, refer to:
and the relevant local authorities of their) consular circuit;
(b)) the central competent authorities of the receiving State, if it is allowed to
law and practice of the recipient State or international
treaties governing this question, and to the extent permitted by them.
Article 30
1. in accordance with the legislation of the receiving State's consular
the officer the right to represent and to take measures to ensure appropriate
representation of the citizens of the sending State before the courts and other authorities
of the receiving State in cases where the absence or from other
reasons, not in time to defend their rights and interests. The same is true for
the legal person of the sending State.
2. Representation in accordance with paragraph 1 of this article shall, as soon as
represented by the persons they appoint their representative or protect themselves
their rights and interests.
3. If the consular officer shall represent the person referred to in paragraph 1 of this
the article, in the performance of this function is subject to the legislation of the receiving
the State and the jurisdiction of its judicial and administrative organs under the same
conditions and to the same extent as a citizen of this State.
Article 31
Consular officers have the right to:
and citizens of the sending State) register;
(b)) to issue passports or other travel documents of citizens of the
the sending State and to extend their validity;
(c) to issue visas and required) documents to persons who wish to travel to
the sending State and to extend the validity of these documents.
Article 32
1. Within the limits set by the legislation of the sending State is
consular officer shall be entitled to:
and take and record the birth) and death certificates of the citizens of the sending
the State and take copies thereof;
(b) to enter into marriage and issue) of the appropriate documentation, provided that the
both spouses are nationals of the sending State, and subject to the
inform the competent authorities of the receiving State, if required by its
legal provisions;
(c)) or register the dissolution of marriage under the laws
regulations of the sending State.
2. This provision shall not relieve the person concerned, the obligation to submit
reports prescribed by the legislation of the receiving State.
3. the competent authorities of the receiving State shall, without delay and free of charge will be
send consular post copies and extracts of documents of civil status
the citizens of the sending State and required for administrative purposes.
Article 33
Consular officer is in the scope of the legislation
the sending State shall be entitled to:
and receive the Declaration of citizens) of the sending State and to certify them;
(b) to prepare, certify, and) take into custody of wills and other documents and
Declaration of the citizens of the sending State;
c) certify or validate the signatures of citizens of the sending State;
(d) all documents and) translate documents issued by the authorities of the sending
or the receiving State and to verify translations, copies and extracts from such
documents.
Article 34
Consular officer is in the scope of the legislation
the sending State shall be entitled to carry out consular post, in its
the apartment, in the apartment of one of the fellow citizens and on a boat or on a plane
the sending State the following:
and to prepare and validate the authenticity) of the instruments and contracts that are concluded between
citizens of the sending State, if these documents and contracts are not in
contrary to the laws of the receiving State and not to the establishment or
the transfer of rights to immovable property located in this State;
(b) to draw up the Charter and contract) and to verify their authenticity without regard to
the nationality of the parties to the contract, if these documents and contracts
apply only to assets existing in the posting State or
affect the rights that are to be applied or matters to be
discuss in that State, provided that these documents and contracts
are not inconsistent with the laws of the receiving State.
Article 35
Consular officer is entitled to receive from the citizens of the sending State to
safekeeping documents, money, valuables and other assets belonging to them.
These documents, money, valuables and assets can be exported from
of the receiving State in accordance with its legislation.
Article 36
Of the Charter and the documents referred to in articles 33 and 34 are in the receiving
the State of the same force and probative force as documents certified,
proven or confirmed by the judicial authorities or other competent authorities
of that State.
Article 37
The receiving State shall recognise the validity and efficacy without the required
any verification of the signatures on the schedules of the consuls, which shall be issued by or
which confirmed the conformity of the copies with the original issued by the competent authority,
If such documents bear's official stamp.
Article 38
Consular officials are allowed to serve judicial and non-judicial
documents and deal with the Court's request, according to valid international
agreements or, if such agreements do not exist, in a different way, that is in the
accordance with the legislation of the receiving State.
Article 39
In the event of the death of a citizen of the sending State in the territory of the receiving State
the competent authorities of the receiving State shall immediately inform the
consular office until three days after they become aware of it.
These authorities shall inform the consular post of the information it
known about the legacy of a deceased citizen of any of the provisions of the will,
proprietorship status of the deceased, and of the existence of legal heirs.
Article 40
1. If the proceedings in the receiving State of the inheritance
a citizen of the sending State, who lives on the territory of that State, the competent
the authorities of the receiving State shall inform the consular post of the sending
State.
2. the competent authorities of the receiving State shall submit information on the
the measures taken to ensure and manage the property, which is part of the
heritage of the citizen of the sending State and which is located on the territory of the
of the receiving State.
3. If the deceased citizen of the sending State was the survivor's
If it's nature, scope and complexity of the estate assets
the situation requires, the consular officer of the sending State, which was
deceased citizen may exercise this function in accordance with the legislation of the
of the receiving State.
This provision shall apply in any case where a part of the heritage
is real estate.
4. If after the distribution of the estate and probate formalities
There are chattel, or proceeds from the sale of real estate, which belongs to the
heirs or odkazníku, which is a national of the sending State, and that does not have
permanently resident in the receiving State or who was your
Representative, the asset or the amount is forwarded to the consular post
of the sending State to pass those to whom it belongs.
This transfer of assets is bound to:
and payment of the debts of the succession) of the party where the assets or
the amounts received,
(b)) the payment of inheritance tax on the part of the person who or the amount
He received.
These payments can be replaced with a valid warranty.
In the case when one or more have been initiated separation
heritage, the provisions of this article shall be applied to their conclusion.
Article 41
In the event that a citizen of the sending State is located temporarily in the territory of
of the receiving State and dies on his territory, his personal belongings, money and
valuables with him, are passed without any formalities
consular post of the sending State, provided that it is not required
family members, who have been together with him.
Transmission, and, where necessary, exports of this asset will be carried out in
accordance with the legislation of the receiving State.
Article 42
1. the authorities of the receiving State shall notify the competent consular
the Office of the cases as soon as they have knowledge, when it is necessary to establish
the guardian or guardian for a citizen of the sending State.
2. the provisions of article 30 of this Convention shall also apply to protect and defend the rights and
interests of minors or other persons who do not have the full right to
legal capacity.
3. Consular officials may intervene with the competent authorities of the receiving
State in the appointment of guardians or guardians in particular submission of proposals
the candidates for the exercise of these functions.
4. where the authorities of the sending State, however, have considered that the interest in
the minor so requires, may appoint a guardian and to take all
appropriate measures to protect his person and his property under the laws
the laws of this State.
In this case, the competent authorities of the receiving State shall undertake all
the measures taken by the authorities of the sending State for guardianship,
its changes and its cancellation and at the same time cancels the measures, where appropriate,
made prior to the appointment of the guardian the authorities of the sending State.
Article 43
1. in order to facilitate the exercise 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
the State and access to them; citizens of the sending State shall have the same right to
conjunction with consular officials, and access to them;
(b)), the competent authorities of the receiving State shall, without delay, and in any
event no later than within three days inform the consular post of the sending
State, when in its consular district is a citizen of the sending State
arrested or his personal freedom limited in any other form is.
Each message addressed to the consular post by the person who is taken into custody
or whose personal freedom is limited, these authorities must be
also delivered within five days.
These authorities must, without delay, inform the person concerned of the
their rights, which under the provisions of this paragraph
c) consular officers shall have the right of a citizen of the sending State as referred to in
paragraph (b)) several times to visit, but at least once every 21 days,
speak and correspond with him and to ensure their legal representation. The performance of the
These rights cannot be the beneficiary State postponed for a period of more than 10
days from the date of arrest or restriction of his personal liberty; If so requested by
However, the consular officer about the visit after five days from the beginning of the
deprivation or restriction of five days from the beginning of the deprivation or restriction of personal
the freedom of the citizen, must be allowed to visit within five days from the
submission of the application;
d) If after conviction is this citizen in prison
or if his freedom restricted, consular officers shall have the right to
go visit at least a month. Each such visit will be
consular officer granted an interview with a prisoner.
2. the rights referred to in paragraph 1 of this article shall be exercised in accordance
with the legislation of the receiving State, provided that the legislation
do not contain provisions which would have made it impossible or significantly limiting the
the exercise of rights conferred by, in paragraph 1.
Article 44
1. the consular officer may provide assistance in the consular district
Marine and river ships having jurisdiction of the sending State,
calling at a port or other place where they can anchor or
is there already. Once the input is enabled, the ships
consular officials to enter on board these ships and to connect with
the captain, the crew members and passengers who are citizens of the sending
State.
2. In the interest of the cruise ship's captain of the sending State, which is found in the
the port of the receiving State or a crew member designated by him may be
at the request of authorised to remove the consular post of the sending State.
3. without prejudice to the jurisdiction of the authority of the receiving State, the
consular officers investigate all accidents that occurred in the course of the
the cruise ship of the sending State, listen to the captain and each Member of the
the crew check the onboard documents, receive a statement of the way and
the place of destination, and, if the legislation of the sending State
enabled, to resolve disputes of any kind between the master, officers and
other members of the crew, to make arrangements for the adoption of the captain or
any crew member to a hospital treatment or to return to
country, to facilitate the arrival of the ship, its departure and stay in the port.
In the exercise of these functions may request the authorities of the consular officials
of the receiving State for help.
4. in the event that the competent authorities of the receiving State should plan to
perform inspection, investigation or enforcement measures on board the ship
of the sending State, which is found in the waters of the receiving State,
shall inform the consular office before implementation, in order to be able to design
attend consular officials. The notice will state the exact
date and hour. If you do not attend the consular officials or their
representatives of measures undertaken, these authorities may apply to transfer
all information about their progress.
The provisions of the preceding subparagraph shall also apply in the case where the captain
or any crew member is to be interrogated by the authorities of the receiving
State.
5. in the case of urgent measures and if the investigation
at the request of the captain, must be informed about consular officer in
during the investigation, and as soon as possible.
On request, the consular officer in that case also trained
during the investigation, to be held in his absence.
6. The provisions of paragraphs 4 and 5 of this article may not be used, if it is
on the application of customs rules and other control measures
relating to health care, port police, security of goods
and access of foreigners.
7. the provisions of this article shall not apply to warships.
Article 45
1. When a ship sending State fails, gets stuck or is otherwise
damaged in coastal or inland waters of the State addressed,
shall report to the competent authorities of that State shall without delay report
consular post and get acquainted with him made or intended measures
to the rescue of the passengers, the ship and cargo.
Consular officer can provide all the help of the ship, crew members
and passengers and to take all measures to ensure the security of the cargo and to repair
the ship. You may also contact the authorities of the receiving State with a request for
such measures.
2. If the operator of a ship, the captain or any other authorized
the person is not able to take the necessary measures to maintain and manage
a ship or its cargo, the consular officer may make on behalf of the
operator of the ship measures in this direction could make a
operator of the ship.
3. The provisions of paragraph 2 of this article shall also apply to any
an object which belongs to the person having the nationality of the sending State
and comes from a cargo ship of the sending State or a third State which
would have been found on the coast or near the coast of the receiving State
or transported to the port of the consular district.
4. the competent authorities of the receiving State will provide consular officer
the necessary assistance in all the measures to be taken during damage
the ship.
5. the ship, which suffered damage to its cargo and catering supplies
on the territory of the receiving State are not subject to customs charges, if they are not
released for use or consumption in that State.
Article 46
While maintaining the existing legislation of the receiving State, consular
the official may exercise the functions of control and inspection of civil aircraft
the sending State and their crews, according to the legislation of that
State. Likewise, it can prove assistance referred to aircraft and crews.
The provisions of articles 44 and 45 of the present Convention shall apply mutatis mutandis with regard to the
the aircraft, as indicated in the previous paragraph, in accordance with other
treaties in force between the Contracting Parties.
Article 47
1. the consular post may collect on the territory of the receiving State the fees and
benefits provided for by the legislation of the sending State in the consular
acts.
2. the amounts collected in the form of fees and charges referred to in paragraph 1
of this article and of the receipt of their payment shall be exempt from all
taxes and levies in the receiving State.
Article 48
In addition to its functions provided for by this Convention may consular officer
perform other consular functions that are entrusted to him by posting
the State, if they are not in conflict with the laws of the receiving State.
TITLE IV
Final provisions
Article 49
1. Without prejudice to their privileges and immunities, all persons enjoying
consular privileges and immunities the obligation to observe legislation
of the receiving State. Are also required to not interfere in the internal
Affairs of that State.
2. Consular room cannot be used in a manner which would
conflict with the exercise of consular functions or legislation
of the receiving State.
Article 50
Members of the consular post shall comply with all the obligations imposed
the legislation of the receiving State in respect of civil
liability for damages caused to third parties during the operation of the vehicle, a ship
or aircraft.
Article 51
1. Consular employees who are nationals of the receiving State or the
they are permanently settled in it or carry out a private profit-making activities in the
that State shall enjoy only the immunities referred to in article 13, paragraph 1, and in
Article 15, paragraph 3 of this Convention.
2. The provisions of title II of that Convention, with the exception of article 15, paragraph 3, the
do not apply to:
and members of the family members) of the consular post who are citizens of the
of the receiving State or are permanently settled in it, or carry out
a private profit-making activities;
(b)) a member of the consular post of the family members who are nationals of
of the receiving State or are permanently settled in it or carry out
a private profit-making activities in that State;
(c) staff and members) members of the private staff who are nationals of
of the receiving State or has permanently settled or who perform
a private profit-making activities in that State.
3. the receiving State must exercise its jurisdiction over persons
referred to in paragraphs 1 and 2 of this article in such a way as to
unjustifiably restrict the exercise of consular functions.
Article 32
1. the provisions of this Convention shall apply, if the context allows,
also on the performance of consular functions of diplomatic missions.
2. The names of members of a diplomatic mission responsible for the work in the consular
the Department or otherwise responsible for the performance of consular functions, missions are
be notified in writing to the Ministry of Foreign Affairs of the receiving State.
3. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2
This article shall continue to be modified rules of international law on the
diplomatic relations.
Article 53
This Convention replaces and repeals the Consular Convention between Czechoslovakia and
Italy, signed in Rome on 1 May 2004. March 1924.
Article 54
This Convention is subject to ratification. The exchange of instruments of ratification will be
made in Rome.
Article 55
This Convention shall enter into force on the thirtieth day after the date of the exchange of
instruments of ratification and shall remain in effect until one of the Contracting
Parties denounces it, with six months ' notice.
In witness whereof, agents of the Contracting Parties have signed this Convention, and
obtain it seals.
Done at Prague on 10. October 1975 in two copies, each in the language
the Czech and French, both texts being equally authentic.
From the power of the President of the Czechoslovak Socialist Republic.
Dr. Dušan Spáčil v.r.
The power of Attorney of the President of the Italian Republic:
Francesco Cattanei v.r.