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The Consular Convention Between Czechoslovakia And Italy

Original Language Title: o Konzulární úmluvě mezi ČSSR a Itálií

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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.