48/1987 Coll.
The DECREE
Minister of Foreign Affairs from 26 March. March 1987 of the Consular Convention
between the Czechoslovak Socialist Republic and the people's
Democratic Republic of Algeria
Day 3. July 1985 was in Algiers signed a consular Convention between
The Czechoslovak Socialist Republic and the people's Democratic
Republic of Algeria.
With the Convention have expressed their consent of the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
Republic has ratified it. The instruments of ratification were exchanged in Prague on
January 19, 1987.
Convention entered into force, pursuant to article 58, paragraph. 1 day 18.
February 1987.
The Czech text of the Convention shall be published at the same time.
Minister:
Ing. Chňoupek v.r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the people's
Democratic Republic of Algeria
Czechoslovak Socialist Republic
and
People's Democratic Republic of Algeria
in recognition of the friendly relations between the two States,
Desiring to modify the consular relations between the two States and the
to develop these relations in a spirit of friendship and cooperation,
Affirming that the provisions of the Vienna Convention on consular relations of 24.
April 1963 will continue to edit questions, that are not expressly
governed by the provisions of this Convention,
have agreed as follows:
TITLE I OF THE
The definition of the
Article 1
For the purposes of this Convention the following expressions have the following meanings:
and) "sending State" is the party that appoints the consular
civil servants as defined below;
(b)) "receiving State" is the Contracting Party on whose territory the exercise
consular officers of their duties;
(c)) "nationals" are citizens of the State and, where the context
permit, a legal person having its registered office on the territory of the State and established in the
accordance with the legislation of that State;
(d)) "consular post" is a Consulate General, Consulate, vicekonzulát or
Consular Affairs;
(e)) "consular circuit" is the territory of the specified consular office for the performance of
consular functions;
(f)), "head of consular post" means the person designated to act in this
the position;
g) "consular officer" is any person, including the head of the consular
the Office, which was responsible for the performance of consular functions in this position;
(h)) "consular employee" means any person employed in the
administrative or technical services of the consular post;
I) "member of the staff of the personnel" is any person employed in the domestic
consular services;
j) "members of the consular post" are consular officers, consular
employees and members of the staff of the personnel;
k) "members of the consular staff" are consular officers other than
the head of the consular post, consular employees and members
staff personnel;
l) "member of the private staff" is any person employed exclusively in
private services, a member of the consular post;
m) "consular" are buildings or parts of buildings and the land to them
belonging, which are used exclusively for the purposes of consular post
including the head of the consular post, regardless of who is
their owner;
n) "consular archives" are all documents, documents,
correspondence, books, films, tapes and registers of the consular
the Office, together with the ciphers, filing cabinets and facilities intended for their protection
and save;
about) "official correspondence" is all correspondence relating to the
consular office and its functions;
p) "ship of the sending State" is any ship flying the flag of
of the sending State, with the exception of warships;
q) "aircraft of the sending State" is any civil aircraft registered
or imatrikulované in the sending State in accordance with its laws and
provisions and bearing the characters of this State, with the exception of military aircraft.
TITLE II
Establishment and implementation of consular relations
Article 2
1. Consular Office may be established in the territory of the receiving State only
with the consent of that State.
2. the registered office of the consular post, his class and consular circuit are
determined by the sending State and the receiving State, subject to the approval.
3. Subsequent amendment of the registered office of the consular office, its class or changes
consular circuit may perform a sending State only with the consent of the
of the receiving State.
4. The consent of the receiving State is also needed in the event that the
General Consulate or Consulate intends to establish vicekonzulát or
the consular agency in a place other than where it is itself set up.
5. the prior explicit consent of the receiving State is also needed
to establish offices forming part of the consular office, which is, however,
located outside the registered office of the authority.
Article 3
Consular officer must have the nationality of the sending State and
must not have the nationality of the receiving State. May not have this
the State of permanent residence, or to exercise a professional activity other than
consular functions.
Article 4
The head of the consular offices are appointed by the sending State and
recruited for the exercise of its functions by the beneficiary State.
Article 5
1. The sending State shall send to the patent through diplomatic channels to the Ministry of
Foreign Affairs of the receiving State.
2. Patent must certify status, full name, and the head of the class
the consular office and refer to the circuit and the seat of the consular post
the Office.
Article 6
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 exekvatur, which is
issues without delay.
2. In the meantime, he will be granted exekvatur, may be the head
the consular office, admitted to the performance of his functions provisionally. In that
the case will be on him to apply the provisions of this Convention.
3. A State which refuses to grant exekvatur, is not obliged to inform the
sending State the reasons for its refusal.
Article 7
As soon as the head of the consular office for the performance of their functions adopted, even if
even on a provisional basis, it shall inform the competent authorities of the receiving State shall immediately
the consular district and shall take the necessary measures to ensure that the head of the consular
the Office could carry out the obligations arising from his Office and enjoy
the benefits of this Convention.
Article 8
1. If the head of the consular office for any reasons to exercise
their function, or if the head of the consular office temporarily
freed by the sending State may temporarily the head of the consular functions
the Office of the consular officer of the Office of the delegate or of another
the consular office or member of the diplomatic staff of diplomatic
the mission. The name of this person must be communicated in advance to the Ministry
Foreign Affairs of the receiving State.
2. The temporary head of the consular office shall provide privileges and
immunity, which enjoys under this Convention, the head of the consular office.
Article 9
1. The sending State shall notify the beneficiary State the full name, category, and
the class of all consular officials in addition to heads of consular posts
so that this State had plenty of time to do, if it so wishes, their
the rights referred to in article 11.
2. The sending State shall determine the number of members of the consular post with
taking into account the importance of this Office, as well as to the needs of sound
the development of its activities; the receiving State may, however, request that the scope of the
the staff of the consular office was kept within the limits, which itself considers
reasonable in relation to the conditions in the consular district and to the needs of
the consular office.
Article 10
1. Ministry of Foreign Affairs of the receiving State are
notified through diplomatic channels:
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, which together with him he lives, and, where applicable,
cases, when a person becomes or ceases to be a member of the family;
(c) the arrival and final departure of) members of the private staff and, where
applicable, the termination of their service in this position;
d) admission to employment and the release of persons having residence in the
the receiving State, the consular staff and members of the staff
personnel or as members of the private staff, enjoying privileges and
immunities.
2. Whenever possible, the arrival and final departure in writing is indicated by a
in advance.
Article 11
1. the receiving State may at any time notify the sending State that the
consular officer is persona non grata or that any other Member of the
the consular staff is unacceptable. In this case, the sending
State according to the circumstances, either such person revokes, or terminates its
the function of the consular post.
2. If the sending State refuses or neglects to provide within a reasonable time
to comply with their obligations under paragraph 1 of this article may
the beneficiary State according to the nature of the case, either revoke the relevant exekvatur
the person, or be considered as a member of the stop the consular staff.
3. a person appointed to a member of the consular post may be
declared inadmissible before coming to the territory of the receiving
State, or, if already in its territory, before taking up his functions on the
the consular office. In any such case, the sending State shall take
the appointment back.
4. In the cases referred to in paragraphs 1 and 3 of this article is not
the beneficiary State shall be obliged to communicate to the sending State the reasons for its
decision.
TITLE III
Privileges and immunities
Article 12
1. the receiving State shall facilitate the exercise of the functions in full consular and
consular officials and shall take the necessary measures, in order to enjoy the privileges
and immunities as provided for in this Convention.
2. the receiving State shall treat consular officers with due
respect and shall take all appropriate measures to ensure their
protection, freedom and dignity.
Article 13
1. The national flag of the sending State may be hoisted on the buildings, in the
which there are consular room, and on their entrance as well as on the
means of transport, if it were used for the purposes of the staff regulations
the head of the consular office.
2. the emblem of the sending State, as well as the inscription indicating
consular room in the official languages of the sending State and
the receiving State may be placed on buildings, in which the
consular Chamber.
3. In the exercise of the rights of this article will be to take account of the legal
the rules and practices of the receiving State.
Article 14
1. The sending State may, in accordance with the legislation of the receiving
State, acquire or have in ownership or use of land, buildings
or parts of buildings for the needs of the consular office.
2. the receiving State shall provide the sending State in obtaining the land and
buildings or parts of buildings for the purposes referred to in paragraph 1, all
the necessary assistance.
3. If necessary, help in obtaining a consular office also
suitable accommodation for its members.
4. The sending State is not exempted from the obligation to comply with the legal provisions
the receiving State of construction and land use planning related to
the area in which such land, buildings or parts of buildings.
Article 15
1. consular office shall be inviolable. The authorities of the
the receiving State may not enter them, but with the consent of the head of
the consular office, the head of the diplomatic mission of the sending State,
or the person responsible for some of them. However, in the event of fire or other
disasters requiring immediate protective action, it can be assumed that the consent of the
He was given.
2. the receiving State has a special duty to take all appropriate
measures to protect the rooms from intrusion by consular or
damage and to prevent any disturbance of peace of the consular office
or injury to his dignity.
3. consular office, Room facilities and other assets in them
they cannot be subject to inspection, requisitions, attachment or execution.
4. the room will not be excluded from the expropriation for the purpose of the national
the defense or public needs in terms of legislation of the receiving
State. If it is to be carried out for the purposes of the expropriation and if the
the sending State of the owner of such rooms, he will be paid
immediate, adequate and effective compensation. The receiving State shall take
measures to facilitate the sending State, who own the room
or the lease, the moving of the authority and, in any case, in order to
prevent interference with the performance of consular functions.
Article 16
The consular archives and documents are always inviolable, wherever located
Anyways.
Article 17
1. Consular room, which the sending State owns or rents,
they are in the receiving State, be exempt from all taxes and duties of any
nature, including taxes and fees from contracts and documents that relate to the
acquisition or hiring the aforementioned room.
2. The exemption referred to in paragraph 1 of this article shall not apply to taxes
and fees:
and) that are levied for specific services;
(b)) which, under the laws of the receiving State, shall be payable by the person who
entered in the contracting with the sending State ratio.
Article 18
The sending State in the receiving State shall be exempt from all taxes and
charges from any motor vehicle designed exclusively for
the consular purposes, which are owned, held or in use
of the sending State.
Article 19
1. Consular officers shall not be arrested or taken into custody, except
the case of the offence to which the laws of the receiving State shall lay down the
imprisonment for at least five years, and on the basis of the decision of the
the competent judicial authority.
2. With the exception of the case referred to in paragraph 1 of this article shall not be
consular officials arrested or their personal freedom by other means
limited, unless it was the performance of the final judicial decision.
3. the consular officer must be present to the competent authorities in the case,
that is the criminal proceedings initiated against him. However, the procedure will be carried out with
due regard to his person and his official status by reasoned with
except in the case referred to in paragraph 1 of this article in a way that
What would be the least disturbing the exercise of consular functions. In the event that a
the circumstances referred to in paragraph 1 of this article is to be taken
the consular officer in custody proceedings must be instituted against him in
as soon as possible.
Article 20
In the event that a member of the consular staff is arrested or taken into custody
or that the prosecution against him, the receiving State
It shall immediately inform the head of the consular office. If the referred to
the measures relate to the head of the consular post shall inform the receiving
State of the sending State through diplomatic channels.
Article 21
1. Consular officers and consular employees are not subject to the jurisdiction of the
the judicial and administrative authorities of the receiving State for the acts carried out in the
the performance of consular functions.
2. The provisions of paragraph 1 of this article shall not apply to
civil proceedings:
and) resulting from contracts concluded by the consular officer or
consular staff that this explicitly or evidently nesjednal
as a representative of the sending State;
(b)) initiated by a third party in the event of damage arising from an accident caused by
the receiving State of the vehicle, boat or aircraft.
Article 22
1. The members of the consular post may be asked to submit testimony in
judicial or administrative proceedings. Consular staff or members of the
the service staff shall not, except in the cases referred to in paragraph 3
This article, to refuse to bear witness. In the event that the consular
the officer refuses to submit testimony, may not be applied against him
enforcement measures or penalties.
2. the authority requesting the testimony will be followed so as to not disturb
the consular officer in the performance of its functions. Always, when possible,
can accept the testimony in his dwelling or in the consular office or
accept from him a written statement.
3. The members of the consular post are not obliged to submit testimony to the
the facts relating to the performance of their functions or to submit the official
correspondence and documents which apply to them. They also have the right to
to refuse to bear witness as the experts from the law of the sending State.
Article 23
1. The sending State may for a member of the consular office give up privileges and
the immunities referred to in this Convention.
2. The waiver must always be express and must be communicated to the receiving
State in writing.
3. If a consular officer or consular employee shall start the
proceedings in the case, in which benefited from immunity from jurisdiction under article 21,
cannot invoke immunity from jurisdiction in respect of the action with each other
associated directly with the principal claim.
4. Give up the immunity from jurisdiction in proceedings in civil or
does not abandon the Administration whether or not immunity, in respect of the performance of the
the decision, which is necessary to give up separately.
Article 24
1. Consular officers and consular employees are exempt from all
the obligations imposed by the legislation of the receiving State with regard to the
the registration of foreigners, residence permit and work permit, which
generally applicable to foreigners.
2. The provisions of paragraph 1 of this article shall not apply to consular
employees who are permanent employees of the sending State or
perform a private gainful activity in the receiving State, or on the
their family members.
Article 25
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, be exempt from the scope of the provisions on 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
Consular Office of and under the conditions of:
and that they are not nationals) of the recipient State or in it do not have the
permanent residence; and
(b)) that are the subject of the social security legislation in force in
the posting or in a third State.
3. The members of the consular office of the employing persons with
not covered by the exemption referred to in paragraph 2 of this article, must perform
the obligations imposed on employers the provisions on social
the security of the recipient State.
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 the participation of the beneficiary State allowed.
Article 26
1. Consular officers and consular employees are exempt from the
all taxes and charges, whether personal or factual, national,
regional and local with the exception of:
and indirect taxes which) are usually included in the price of the goods or
the services;
(b)) taxes and charges from private real estate on the territory of the receiving
State, subject to the provisions of article 17;
c) inheritance taxes and charges levied on the transfer of assets
the receiving State, subject to the provisions of subparagraph (b)) article 29;
d) taxes and charges from private income of all kinds that come from
of the receiving State, including acquisitions, value realized during transfer
property values;
e) taxes and charges levied for the provision of specific services;
(f)), the Court of registration, mortgage and kolkových fees, with
subject to the provisions of article 17.
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 which the law of that State in these
matters.
Article 27
1. the receiving State in accordance with the law, which may be issued,
shall authorise the import and provide relief from all customs dues, taxes and
other charges levied in connection with the importation, excluding fees
for storage, cartage and similar services:
and) for objects, including cars, intended for official use
the consular office;
(b)) for articles intended for personal use by consular officials, including
cars and objects intended for their initial equipment. Consumer
articles must 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, with respect to articles imported at their first
the onset of the consular office.
3. Personal accompanied baggage consular officers and their family
nationals living in a common household with them are exempt from
the customs inspection. May be inspected only if there are serious
reasons to believe that they contain objects other than referred to in paragraph 1
Letter b) of this article, or articles the import or export of which is
prohibited by the legislation of the receiving State, or on which the
subject to its laws and regulations on quarantine. This examination may be
made only in the presence of the consular officer, his family
a member or a person duly authorized by them.
Article 28
The receiving State shall exempt members of the consular post from all personal
services, public services of any kind, and from military obligations
such as requisitions, military kontribuce and accommodation of troops.
Article 29
In the case of the death of a member of the consular post of the recipient State:
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)) will not be to choose national, provincial or local probate fees or
fees from the transfer of assets, in the case of movable property, which was the territory of the
the receiving State only as a result of the stay of the deceased in this State
as a member of the consular post.
Article 30
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,
Anyway, the consular post may use all appropriate fasteners
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 post it is inviolable.
3. the Consular bag shall bear a clear external indication
his character and may contain only official correspondence and documents
or articles intended exclusively for official use.
4. the Consular bag shall not be opened or detained. However, if the
the competent authorities of the receiving State have serious reasons to believe that the
bag contains something other than official correspondence or documents
or articles intended exclusively for official use, may be required to
the luggage was opened in their presence to the responsible representative
of the sending State. The authorities of the sending State, if such a request
refuse the luggage will be returned to the place where it comes from.
5. the Consular bag may be entrusted to the captain of the ship or of a commercial
the aircraft, which have permitted to land on the point of entry. The captain must
be equipped with an official Charter, indicating the number of parcels making up the
the consular bag, however, will not be considered for the consular courier. After
consultation with the competent local authorities may instruct consular office
one of its members, to take the bag directly and freely given
from the captain of the ship or the aircraft, or is transmitted.
Article 31
Subject to the restrictions laid down by the legislation of the receiving State to
areas to which access is prohibited or regulated for reasons of national
safety, members of the consular post, after a preliminary notification
the competent authority to freely travel throughout the territory of the receiving State.
Article 32
The provisions on the privileges and immunities referred to in articles 24, 25, paragraph 1,
3 and 4, in article 26, paragraph 1 (a) 27. (b)) and in articles 28, 29 and 31 of the
concerning the consular officers and consular employees shall, mutatis mutandis,
shall apply also to family members who live together with them.
TITLE IV
Consular functions
Article 33
Consular officer is entitled, in the consular perimeter in accordance
with the legislation of the receiving State, the functions referred to in this Convention.
Article 34
Consular officer shall be entitled to:
and protect the rights and interests) of the sending State and of its nationals
in the receiving State;
(b)) to support the development of commercial, economic, cultural and scientific
contacts between the High Contracting Parties and to develop among them a friendly
contacts;
(c) all legal means) the status and the development of the business,
economic, cultural and scientific life of the receiving State;
report on the report to the Government of the sending State and to provide information
of the persons concerned.
Article 35
Consular officer 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 in accordance with the
law and practice of the recipient State or international
agreements governing this question.
Article 36
1. In accordance with the legislation of the receiving State, the consular
the official represent or take measures to ensure appropriate representation of the
nationals of the sending State before the courts and other authorities
of the receiving State, in cases where these for absence or of the
other reasons are unable to defend their rights and interests in a timely manner.
2. Representation in accordance with paragraph 1 of this article shall, as soon as
represented by the person or his agent shall appoint themselves ensure the protection
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 as a citizen of this State.
Article 37
Consular officer has the right in its consular circuit:
and the register, and if) it allows the receiving State legislation
add up the nationals of the sending State. For this purpose, you can
to request the assistance of the competent authorities of that State;
(b) publish in the press) notices nationals
of the sending State or pass different regulations with documents issued by the
the authorities of the sending State, if such notifications, regulations and
documents for State services.
Article 38
1. a consular officer is entitled to in accordance with the law
of the sending State in particular to issue, renew and change travel documents
nationals of the sending State and extend their validity.
2. the consular officer is authorized to issue and cancel visas or lengthen
their validity for persons who wish to travel to the sending State.
Article 39
1. To the extent provided for by the legislation of the sending State is
consular officer shall be entitled to:
and to receive the applications and declarations) in matters of citizenship of the citizens of
the sending State and to issue the relevant documents;
(b)) to take birth and death certificates of nationals of the sending
State;
(c) enter into marriage and issue) about relevant documents for
provided that both brides and grooms are nationals of the sending State, and with the
subject to that advise the competent authorities of the receiving State,
If required by its legislation;
(d)), to write or to register the divorce in accordance with the laws
the legislation of the sending State;
(e)) receive the declarations relating to family relationships and the State
nationals of the sending State.
2. the competent authorities of the receiving State shall, without delay and free of charge
sent to the consular office copies of and extracts from the registers concerning State
nationals of the sending State required for administrative purposes.
Article 40
Consular officer has the right to:
and receive the Declaration) nationals of the sending State and
certify them;
(b) to prepare, certify, and) take into custody of wills and other documents and
Declaration of nationals of the sending State;
c) verify signatures of nationals of the sending State;
d) translate and validate all the instruments and documents issued by the authorities of the
the sending or the receiving State and to certify the copies and translations
extracts from these documents.
Article 41
Consular officer has the right to carry out consular post, in its
the apartment, in the apartment of one of the nationals of the sending State and
Board a ship or aircraft of the sending State the following:
and drafting documents and contracts), wishing to nationals
of the sending State to conclude, if these instruments and contracts are not in
contrary to the legislation of the receiving State and not to the establishment of the
or transfer of rights to real property located in this State, as well as
verifying the authenticity of such documents and contracts;
(b) the preparation of documents and contracts) without losing sight of the nationality
the Contracting Parties, if these instruments and agreements apply only to the
assets or rights existing in the sending State or relate to
matters that will have to implement in that State, provided that these
of the Charter and the Treaty do not conflict with the legislation of the receiving
the State, as well as verification of the authenticity of such documents and contracts.
Article 42
Of the Charter and the documents referred to in articles 40 and 41 are in the receiving
the State of the same force and evidence much as documents certified or
certified by the judicial authorities or other competent authorities of that State.
Article 43
The receiving State must accept without verification of the signatures of the consular
officials on the schedules, which shall be issued by or which confirm the
conformity of copies with the original issued by the competent authority, if these
the Charter will bear's official stamp.
Article 44
Consular officer has the right to serve judicial and extrajudicial documents and
to deal with the request of the Court in civil and commercial matters related to
the questioning of nationals of the sending State under the applicable
international agreements or, if such agreements exist, other
in a way that is in accordance with the legislation of the receiving State.
Article 45
Consular officer has the right to receive from the nationals
of the sending State or for them to deposit papers, money, valuable
articles and other property belonging to them. These instruments, money, valuable
objects and assets can be exported from the receiving State only
accordance with its legislation.
Article 46
1. On the death of a national of the sending State on the territory of the
the receiving State shall inform the competent authority of that State shall immediately
the consular office.
2. Consular official of the sending State shall have the right to ask the competent
authority of the receiving State on the urgent measures necessary to ensure and
manage heritage heritage left in this State by a deceased national
the sending State and for information about any measures that already
have been made. In providing these measures can consular office
to provide its assistance, directly or through a representative.
3. If after completion of the formalities associated with heritage in the receiving
the State falls to the movable heritage, or the proceeds from the sale of movable property or
real estate, the heirs of the authorized participant, or odkazovníku, which is
a national of the sending State and who does not stay in
the receiving State and was its agent, shall transmit to the authorities
of the receiving State, the consular post of the sending State under conditions
that:
and the eligibility of the heirs, the legitimate) participant or odkazovníka was
proven;
(b) the competent authorities of the receiving State) can be there, where this comes in
account, acceptance of passing heritage or the proceeds from its sale;
(c) any estate debts) reported in the period prescribed by the regulations of the
of the receiving State are paid or secured;
d) fees and taxes from the heritage they are paid or secured.
4. If a national of the sending State who is not a permanent
stay in the receiving State, dies in the territory of that State, its
the uppers and the amounts of money which he had at the time of death, and that
they have not been requested to present the heir, provisionally passed into custody
consular post of the sending State without further formalities, taking
for the administrative or judicial authorities in the interest of responsible management reserves the
the right to take them over. Consular office must these things and money
the amount to pass any authority of the receiving State entrusted to their
the administration or liquidation. Consular post must comply with the legislation
of the receiving State on the export of these uppers and conversion of monetary amounts.
5. in matters of succession, also apply the provisions of article 36 of this Convention.
Article 47
1. As soon as the authorities of the receiving State, aware of cases where it is
need to appoint a guardian or guardian for a citizen of the sending
the State, in writing, notify the competent consular office.
2. The provisions of article 36 of this Convention shall also apply to the protection and defence of the rights and
interests of minors or other persons who do not have full capacity to
legal capacity.
3. in the case where it is not ensured by minors or other asset management
persons not full legal capacity, the consular
the official shall ask the competent authorities of the receiving State for the appointment
the administrator of the estate or of the implementation of the relevant measures.
Article 48
1. For the purpose of facilitating the exercise of consular functions relating to
nationals of the sending State:
and) the consular officer has the right to a connection with the nationals of the
the sending State and to have access to them. Nationals of the sending
the State shall have the same right as regards the connection with the consular officials
the sending State and access to them;
(b) the competent authorities of the receiving State) shall without delay inform the
Consular Office of cases where in his consular district State
a national of the sending State was arrested, jailed, given into custody or
detained. Also each message that you identified for the consular post by the person
that has been arrested, is in prison, in custody, or in any other way
detained, delivers the said authorities without delay. These authorities must, without
delay, inform the person concerned of his/her rights, which has
According to this provision;
(c)) the consular officer has the right to visit a national of a
of the sending State who is in prison, custody or detained, in order to
It could speak, write and to ensure their legal representation. Has the
also the right to visit any national of the sending
the State, which is in prison, in custody or is locked in their district
the basis of the judgment. However, the consular officer shall refrain from acting on behalf of
the national Member who is in prison, custody or is in some other way
detained, in the event that a national against such conduct raises the
specifically his objections.
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 these legal
the regulations will allow for the full realization of the objectives for which the rights under the
This article is provided.
Article 49
1. the consular officer may in its consular assistance circuit
the ships of the sending State, calling at a port or is there already
they are located. When the input is enabled, the ships can enter the Board
these ships, and contact with the captain and other crew members.
2. The captain or any other crew member can freely come on
the consular office, if this seat in the port, where the ship is moored. If it is not
consular office in the port, the connection is subject to the consent of the
the competent authority of the receiving State.
3. Without prejudice to the competence of the authorities of the receiving State,
consular officer to investigate all accidents that occurred in the course of the
cruise ship of the sending State, listen to the captain and any
another Member of the crew, and, if the legislation of the sending
the State allowed to settle disputes of all kinds between the master, officers and
seafarers, make arrangements for the adoption of the captain or any member of the
the crew in the hospital treatment or to return to their homeland. In the performance of
These features may request the authorities of the consular officer of the receiving
the State for help.
4. the authorities of the receiving State, won't the events on board the ship with the
the exception of unrest that could disrupt the peace and public order on the
country or port, to cause injury to or endanger the health of the public
security, and the riot, involving persons who are not members of the
the crew.
5. In the event that the competent authorities of the receiving State should intend to
perform the 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 to implementation could
attend consular officials. The notification will be given the exact term.
Will not participate if the consular officer or his representative, the implementation of the
the measures may apply these authorities forward all information about their
the course. This provision applies also in the case when the captain or
any member of the crew is interrogated by the authorities of the receiving State.
6. In the case of urgent measures, or if the investigation
carried out at the request of the captain, must be a consular officer
informed as soon as possible. On request, the consular officer will be in
this case also informed on the progress of the investigation to be held for his
the absence.
7. The provisions of paragraphs 5 and 6 of this article shall not be exercised against
the authorities of the receiving State when it comes to the application of customs legislation
and other measures relating to the safety of navigation, health
control, port police, foreigners and security of goods.
8. In accordance with the legislation of the sending State, the consular
the official check and verify shipping documents and extend their
force and receive a statement about the journey and the destination.
Article 50
1. If the sending State the ship fails, gets stuck, or finds himself in
distress in the waters of the receiving State, shall report to the competent authorities about this
This State as soon as possible the report of the consular post and get acquainted with the
measures taken or foreseen to rescue passengers, crew
the ship, the ship and cargo. Consular officer can provide all the assistance
the ship, the crew members and passengers and to take all measures to
the security of the cargo and to repair the ship.
2. If the operator of a ship, the captain or any authorized person
Unable to take the necessary measures to maintain and manage the ship or its
the cargo, the consular officer may make on behalf of the operator of the ship
the measures, which could make the operator himself.
3. The provisions of paragraph 2 of this article shall also apply to any
the course, which includes a national of the sending State and
comes from the cargo ship of the sending State or a third State, which was
found on the coast or near the coast of the receiving State or the
transported to the port of the consular district.
4. the competent authorities of the receiving State shall provide consular official
the necessary assistance in the official steps pursuant to the preceding paragraphs.
5. If the ship is shipwrecked or stranded at the port or if the
danger to navigation in the coastal waters of the receiving State may
the competent authorities shall also take all measures to avoid the damage that
the ship could cause the port facilities or other
ships.
6. the ship, which suffered damage to its cargo and catering supplies
on the territory of the receiving State, shall not be subject to customs fees, if they are not
interpreted for use or consumption in this State.
Article 51
The provisions of articles 49 and 50 shall apply mutatis mutandis to aircraft.
Article 52
1. Consular Office on the territory of the receiving State may collect benefits and
charges that the legislation of the sending State shall be at the
consular operations.
2. the levies and charges referred to in paragraph 1 of this article are in the
the receiving State shall be exempt from all taxes and fees.
Article 53
In addition to its functions provided for by this Convention may consular officer
perform other consular functions, which are not in conflict with the law
the legislation of the receiving State.
THE HEAD OF THE
Final provisions
Article 54
Without prejudice to their privileges and immunities, all persons enjoying
the privileges and immunities to respect the laws of the receiving State,
including traffic laws and regulations on insurance against damage
third parties caused by the operation of motor vehicles.
Article 55
1. The members of the consular post shall not interfere in the internal affairs of the
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 56
Consular staff and members of the service staff who are
nationals of the receiving State or have permanent residence,
their family members, members of the family of a member of the consular
the Office, as well as members of the private staff who are
nationals of the receiving State or have permanent residence, subject to the
the jurisdiction of the receiving State and who do not enjoy the privileges under the present Convention.
The receiving State must, however, exercise its jurisdiction over these
persons in such a manner that unreasonably restricts the performance of the functions
the consular office.
Article 57
1. the provisions of this Convention shall apply, if the context allows,
also on the performance of consular functions being carried out diplomatic missions.
2. The names of members of a diplomatic mission responsible for the work in the consular
Department or temporarily 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 is still being edited rules of international law on the
diplomatic relations.
Article 58
1. this Convention is subject to ratification in accordance with the constitutional rules of each of the
High Contracting Parties and shall enter into force on the 30th day after the date of
the exchange of instruments of ratification.
2. the exchange of instruments of ratification will be performed in Prague.
Article 59
1. this Convention is concluded for an unlimited period of time.
2. each of the High Contracting Parties may at any time denounce this Convention.
The denunciation shall take effect upon the expiry of six months from the date of receipt of the
the notification of denunciation.
3. On the evidence that agents of High Contracting Parties to this Convention
signed and it seals.
Given Algiers the day 3. in July 1985, in two original copies,
each in the Czech language, the Arabic and French languages, all the texts of the
have the same force. In case of different interpretation of the provisions of this Convention
the French version is decisive.
From the full power of the President of the Czechoslovak Socialist Republic:
Jan Žižka v.r.
From the full power of the Government and the Democratic People's Republic of Algeria:
Brahim Taibi v.r.
