64/1974 Coll.
DECREE
Foreign Minister
Dated March 29, 1974
Of the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Republic of Romania
On December 9, 1972 was signed in Bucharest Consular Convention between the Czechoslovak Socialist Republic
and
Romanian Socialist Republic.
The Convention have expressed their consent
Federal Assembly of the Czechoslovak Socialist Republic and the President of the Republic ratified it.
Instruments of ratification were exchanged in Prague on 22 February 1974.
According to Article 51 paragraph 1 of the Convention entered into force on 24 March 1974.
Czech text of the Convention shall be open simultaneously.
Minister
:
Ing. Chňoupek vr
Consular Convention
Between the Czechoslovak Socialist Republic and the Socialist Republic of Romania
Czechoslovak Socialist Republic and the Romanian Socialist Republic
,
Wishing to further develop mutual friendly relations on the basis of the
Friendship, Cooperation and Mutual Assistance between the Czechoslovak Socialist Republic
and the Socialist Republic of Romania,
concluded on August 16, 1968 in Prague,
Desirous of regulating their consular relations, determine the rights, privileges and immunities
consular offices and their members and to protect its interests and citizens
,
Decided to conclude a Consular Convention and for that purpose have appointed as their Agents
:
President of the Czechoslovak Socialist Republic
Ing. Bohuslav Chnoupek,
Foreign Minister
State Council of Socialist Republic of Romania
George Macovescu,
Foreign Minister
Who, having exchanged full powers, found in good and due form
, agreed on this:
Article 1
Definition
For the purposes of this Convention
A) "consular post" is any consulate-general, consulate, vice
or consular agency,
B) "consular district" means the area assigned to a consulate for the performance of its functions
,
C) "head of consular post" is the person appointed to perform
duties associated with this function
D) "consular officer" means any person, including the head of the consular
post, entrusted in that capacity with the exercise of consular functions
E) "consular employee" means any person who is employed in
administrative or technical service of a consular post
F) "member of the service staff" means a person employed in the domestic service
consulate,
G) "members of the consular post" means consular officers, consular
employees and members of the service staff
H) "member of the private staff" means a person who is employed exclusively in the private service
member of the consulate,
I) "family members" are the wife (husband), children and parents
member of the consular post, provided that they live with him in a common household
,
J) "consular premises" means the buildings or parts of buildings and land that belongs to them
used exclusively for consular purposes, regardless
out who owns them,
K) "consular archives" includes all the papers, documents
correspondence, books, films, tapes and registers of the consular post, together with
ciphers, card files and any equipment parts
intended for their protection and store,
L) "vessel of the sending State" is any vessel using
flag of the sending State in accordance with its laws and regulations.
Chapter
I
Consular relations
Article 2
Establishment of consular authorities
First Each Party may establish consular offices on the territory of the other Contracting Party
only with its consent.
Second Head and classification of the consulate and the consular district shall be determined
agreement between the sending and the receiving State.
Third Any subsequent change in the seat of the consular post, its classification or
its consular district will also be made by agreement between
sending and receiving States.
Article 3
Consular commission patent and exequatur
First To the appointment of the head of the consular post, the sending State
must receive prior consent of the receiving State through diplomatic channels.
Second Upon receipt of the consent of the sending State shall transmit through diplomatic
the consular Ministry of Foreign Affairs of the receiving
State. Consular commission must certify the rank and contain the name, surname and class
head of the consulate, consular boundaries
circuit and the seat of the consulate.
Third The head of the consular post authorizing the performance of its functions on the basis of authorization
receiving State, called exequatur.
Fourth Pending exequatur, the receiving State may issue
head of the consular post a provisional authorization to perform his functions. In this case
him subject to the provisions of this Convention.
Fifth Since then, the head of the consular office was permitted, even
provisionally exercise his functions, the receiving State shall inform
forthwith the competent authorities in the consular district and take the necessary measures
to Head a consular post to carry out its functions.
Article 4
Temporary exercise of functions
First If the head of a consular post is unable to perform his functions
or his place is vacant, leadership consulate
may be temporarily entrusted to the consular officer of the same consular post or
another consulate of the sending State, found in the territory on | || receiving State or a member of the diplomatic staff of the diplomatic mission
sending State in the receiving State.
Second The name and surname of the person entrusted with the temporary leadership of the consular post
will be in accordance with paragraph. 1 notified in advance to the Ministry of Foreign Affairs of the receiving State
.
Third The temporary head of the consular post shall enjoy the facilities, privileges and immunities provided
this Convention, the head of the consulate.
Article 5
Citizenship of members of the consulate
First Consular officers may only be nationals of the sending State
not have a permanent residence in the receiving State and can not be
sent to this country with a different mission.
Second Consular employees and members of the service staff of the consular office
can only be nationals of the sending or receiving State.
Article 6
Notification of appointment of members of the consulate
Name and class of consular officials other than the head
consulate, as well as the name and surname of the consular staff
Office and members of the service staff of the consulate will be notified in advance
Ministry of Foreign Affairs of the receiving State.
Article 7
Resigned members of the consular post
First The receiving State may at any time, without being obliged to give reasons for its decision
, communicated through diplomatic channels to the sending State that refers
exequatur or any other authorization to the head
consulate or the other member of the consular post is
unacceptable. In such case, the sending State as the case
recall the person concerned or terminate his functions with the consular post.
Second Fails to fulfill this obligation, the sending State within a reasonable period
receiving State may no longer consider that person as a member
consulate. This decision will be communicated to the sending State
diplomatic channels.
Chapter II
Consular functions
Article 8
Purpose consular activity
The purpose of the exercise of consular functions is
A) promoting friendly relations between the sending and the receiving State
and facilitating the development of economic, commercial, scientific, cultural and tourist
relations between the two countries,
B) protect the rights and interests of the sending state and its citizens in the receiving
State
C) providing support and assistance to citizens of the sending State
D) informing all permissible means of conditions and development of
economic, commercial, scientific, cultural and tourist life
in the receiving State.
Article 9
Exercise of consular functions
First Consular functions are exercised by consular officers of the sending State.
Second Consular functions may also perform
members of the diplomatic staff of the diplomatic mission of the sending State in the receiving State.
In this case, they will continue to enjoy the benefits, privileges and immunities which are
provided to them by virtue of their diplomatic status.
Third Consular functions are performed within the boundaries of the consular district.
Outside the boundaries of the consular district may be exercised only with the prior consent of the receiving State
.
Article 10
Contact with the authorities of the receiving State
First A consular officer with the exercise of consular functions may apply to
A) the competent local authorities in the consular district,
B) the competent central authorities of the receiving State, if it is permitted
laws and usages of the receiving State or by relevant international agreements
, to the extent permitted by them.
Second A consular officer may contact the Ministry
Foreign Affairs of the receiving State only in the absence
member of the diplomatic staff of the diplomatic mission of the sending State.
Article 11
Records of citizens of the sending State
First A consular officer shall be entitled to register nationals of the sending State
who have temporary resident or permanently resident in his consular district
.
Second The registration performed by a consular officer does not deprive these citizens
obligation to comply with regulations of the receiving State concerning the registration of aliens
.
Article 12
Representing the citizens of the sending State before the judicial and other authorities of the receiving State
Consular officer shall be entitled, in accordance with the laws and regulations of the receiving State
take measures to ensure the representation of citizens
sending State before the authorities of the receiving State, if they are absent or unable
if for any other reason in time to defend their rights and interests
.
Article 13
Issuing passports and granting visas
Consular officer may
A) to issue, renew, extend or withdraw passports and other travel documents
citizens of the sending State and to carry these passports and other travel documents
changes in accordance with the laws of the sending
State
B) grant entry or transit visas to persons wishing to travel to the sending State
or a ride in it.
Article 14
Function in matters of matrix
First A consular officer shall be entitled to register births and deaths
nationals of the sending State and to issue the relevant documents.
This registration does not relieve the person concerned the obligation to comply with the formalities required
laws and regulations of the receiving State with regard to registration of birth and death
.
Second A consular officer shall be entitled in accordance with the laws of the sending State
indulge persons, provided that they are both citizens
sending State and to issue the relevant documents. The closed
marriages will inform the authorities of the receiving State.
Third The competent authorities of the receiving State as soon as they learn of the death
nationals of the sending State in the receiving State shall so
immediately inform the consular post.
Article 15
Function in matters of custodial and tutelary
First A consular officer may intervene to the extent that they admit
legislation of the receiving State, in accordance with the Treaty
legal assistance in civil, family and criminal matters between the two Contracting Parties
with the relevant authorities in all cases
relating to custody and guardianship has been provided, or to be
established for the benefit of citizens of the sending State and to ensure the administration
their property in their absence; may also
competent authorities of the receiving State to propose persons to carry
guardianship or custody.
Second The competent authorities of the receiving State shall consular officer
immediately about cases where it is necessary to take measures to
appointment of a guardian or trustee for a national of the sending State.
Article 16
Notarial functions
First In accordance with the laws and regulations of the receiving State
consular officer is authorized to undertake the following tasks:
A) receive, validate and verify the statement
nationals of the sending State
B) scheduling, validate and accept the imposition of the will of citizens of the sending
State
C) to receive, acquire and verify the documentary evidence relating to other legal acts
nationals of the sending State if they have legal
efficiency outside the territory of the receiving State, and without prejudice if
estate located on its territory or property rights to such property
,
D) to confirm time data, if they are associated legal consequences,
and legalize signatures of nationals of the sending State;
E) at the request of citizens of the sending state to legalize copies, translations or
excerpts from written documents
F) Vidov certificates of origin and other similar documents,
G) to legalize signatures and seals on documents issued
judicial or other authorities of the receiving State, to be used in
sending State
H) accept for deposit documents from citizens of the sending State or their designated
.
Second The documents referred to in paragraph. 1 have in the receiving State the same legal
validity and evidential value as documents authenticated, legalized or
by the competent authorities of that State.
Article 17
Function in matters of succession
First Consular officers shall function in matters of succession
in accordance with the Treaty on legal assistance in civil, family and criminal
between the two parties.
Second In the case where a citizen of the sending State has died in the territory
receiving State, the competent authority of that State shall immediately inform
consular office and inform him all the information at its disposal
of heirs, legatees, their domicile or headquarters
heritage, as well as the existence of a will. Will inform the consular post
even if it is established that a citizen of the sending State
left a legacy to a third country.
Article 18
Functions relating to maritime and river transport
First A consular officer has the right to provide assistance to vessels of the sending State
calling at or are located in a port in
consular district; can help to facilitate the entry, berthing and departure
ship from a port in his consular district.
Second In accordance with the legislation of the sending State
consular officer has a right to come into contact with the ship's crew sending State
visit is to verify and confirm the shipping documents and evidence related to cargo
and ensure compliance by the sending State
sailing on these ships.
Without prejudice to the powers of the authorities of the receiving State, and in accordance with the laws and regulations of the sending State
consular officer may also investigate
all the events that occurred during the ship's voyage, question the captain and crew members
adopt reports Travel boat and take the necessary measures to ensure
order and discipline on the ship.
Third In the event of a crash, stranding or shipwreck
sending State in the internal or territorial waters of the receiving State
competent authorities of the receiving State shall promptly notify
consular office that is closest to the incident and will inform | || measures taken to rescue and ensure the ship, crew, passengers,
costs, inventory and other assets. These institutions also provide
consular officer the necessary support for the measures necessary in
result of an accident, running aground or sinking.
If it is not in conflict with the law of the State invite the competent authorities of the receiving State
consular official to attend
investigating the causes of the accident, running aground or sinking.
Consular officer may request the authorities of the receiving State to take
measures to preserve and ensure the ship, crew, passengers, cargo,
inventory and other assets.
Fourth If the owner or operator of the wrecked ship or boat that
run aground or wrecked, or any other person authorized to act on his behalf
can not take the necessary measures related to the ship, cargo
their stocks or other assets on a boat A consular officer
may take the following measures on behalf of the owner, operator or
authorized persons. A consular officer may also take measures
concerning any articles belonging
national of the sending State that originate from cargo or supplies shipped to the port
or found on shore, near shore or is found on the shipwreck
. For this ship or cargo or supplies will be
levied no customs fee, except where were given to
consumed or used in the receiving State.
Fifth The provisions of paragraphs 3 and 4 shall also apply in the case of the property of a citizen of the sending State
nalézajícího to ship a third country.
6th In case the authorities of the receiving State intend in their jurisdiction
Make the boat sending State measures concerning their criminal
legal jurisdiction, it shall inform the consular post, the consular officer
could be present for the implementation of these measures, or criminal prosecutions
. If the emergency was not informed prior
consulate and the consular officer can not be in the implementation of these measures
present, the institutions of the receiving State shall inform the consular post
measures carried out.
Consular office will be informed even if the crew members of the ship will be investigated
authorities of the receiving State.
The provisions of this paragraph shall not apply to customs, health and passport control
.
7th A consular officer shall be entitled in accordance with the laws of the sending State
receive any statements and to issue any documents relating to the
A) writing or deletion of a ship from the register of the sending State
B) purchase of foreign ships for inclusion in the register of the sending State or
boat sales that State abroad,
C) the equipment or device withdrawal from the ship registered in a
sending State
D) loss or shipwreck on the register of the sending State.
8th The provisions of this Article shall not apply to warships.
Article 19
Functions relating to civil aviation
Provisions of Article 18 shall adequately apply to civilian air traffic
provided they do not conflict with other treaties in force
between the two parties.
Article 20
Other consular functions
Consular officer may, in addition to the functions set out in this Convention
perform with the prior consent of the receiving State and any other
functions assigned to it by the sending State.
Article 21
Provisions relating to legal persons
Provisions of this Convention relating to nationals of the sending State
adequately apply to legal entities which have jurisdiction
that State in accordance with its laws and regulations.
Article 22
Prohibition of certain activities
Members of a consulate will not conduct business or other gainful employment
nature except consular functions or tasks that
perform at a consulate.
Chapter III
Advantages, privileges and immunities
Article 23
Facilitating the activities of the consular post and its members
First The receiving State shall take all necessary measures to consular
Authority and its members to perform their functions and benefits
privileges and immunities provided in this Convention.
Second The receiving State shall be members of the consular post
act with due respect and shall take all measures to prevent any attack
their person, freedom or dignity.
Article 24
The use of the state emblem and flag
First On the building of the consular post and the residence of the head of the consular office
can be placed emblem of the sending State and the label with the name
consulate in the language of the sending and receiving
in the language of the state.
Second The flag of the sending State may be flown at the headquarters of the consular office
, the residence of the head of the consulate and transport means
head of the consulate used in the performance of his official activities
.
Third In the exercise of the rights granted by this Article shall be taken into account
laws and usages of the receiving State.
Article 25
Facilitating regarding obtaining consular premises and apartments of members of the consular post
The receiving State shall facilitate the sending State in accordance with its laws and regulations
obtain consular premises on its territory or otherwise help
sending State to get these rooms.
The receiving State shall also assist the consular post in obtaining
compliant housing for members of the consulate.
Article 26
Inviolability of consular premises and flats
First Consular premises and flats consular officers and consular employees
inviolable. The authorities of the receiving State may not enter
without the consent of the head of the consular post of the sending State
, head of the diplomatic mission of that State or a person designated by them.
Second Paragraph. 1 does not apply to apartments consular employees
who are nationals of the receiving State or who are nationals of the sending State
and have permanent residence in the receiving State.
Third The receiving State shall take all necessary measures to ensure the safety
consular premises, to prevent violent intrusion into
consular premises or damage, as well
any other activity that would disturb the peace or touched them | || dignity.
Fourth The consular premises, means of transport or any other
assets intended to ensure the functioning of the consular post, regardless of
who is the owner, can not be confiscated, seized or subjected
enforcement proceeding; means of transport outside the consular
room can be inspected only with the consent of the head of the consular post or
head of the diplomatic mission of the sending State.
Article 27
Exemption from taxation of consular premises, flats and vehicles
First Property owned by the sending State or he
leased and which are designed to perform consular activity or
serve as quarters for consular officers and consular employees
who are not nationals of the receiving State or who do not have it
permanent residence are exempt from all local taxes national, regional or local
with the exception of charges for services actually rendered
.
Second In the case of leased real estate tax exemption does not apply to
taxes or fees, which under the laws of the receiving State
not borne by tenants.
Third Exemptions referred to in paragraph. 1 shall also apply to vehicles,
owned by the sending State and are designed to perform
consular activity.
Article 28
Inviolability of consular archives
Consular archives and documents are always and everywhere inviolable.
Article 29
Freedom of communication
First The receiving State shall permit and facilitate consular offices of the sending State
freedom of communication with the government, as well as diplomatic missions and other
consular authorities of the State, wherever they are.
For this purpose, the consular offices use all the fasteners
funds, diplomatic or consular couriers, diplomatic or consular bags
and codes or ciphers.
Consulate may install and use a wireless transmitter only after
express consent of the receiving State.
Second The official correspondence of the consular post shall be inviolable.
Third The consular bag shall not be opened or detained.
Fourth The consular bag and parts that constitute them must be sealed and bear
outer visible indication marks of their character and may
contain only official correspondence or documents and objects relating
exclusively to activities of the consulate.
Fifth The consular courier shall be provided with an official document indicating his
status and the number of packages constituting the consular bag.
Consular courier may not be a citizen of the receiving State or a person who has
permanent residence in that State. In exercising its functions, the consular courier
under the protection of the receiving State.
Enjoy personal inviolability and shall not be arrested, taken into custody or subjected to any other
measures restricting his personal freedom.
6th A consular bag may be entrusted to the captain of a ship or aircraft.
Captain must be an official document indicating the number of shipments
constituting the bag, however, be considered to be a consular courier
. A consular officer may consular bag from the captain of a ship or aircraft
directly and freely take and may make such baggage same
way forward.
Article 30
Connecting with citizens of the sending State and the protection
First A consular officer has the right in its consular district
be in conjunction with the nationals of the sending state visit is to give them advice and
if necessary, take measures to ensure them legal assistance
and representation before the judicial authorities. Citizens of the sending State
can be in contact with consular officials and to visit.
Second The competent authorities of the receiving State shall, without delay, at the latest
Within five days, inform the consular post of the sending State if the
its consular district, a citizen of that state arrested, taken into custody
or subjected to other measures restricting his personal freedom.
Third A consular officer shall be entitled to receive correspondence or other communications from
national of the sending State who has been arrested, taken into custody
or subjected to other measures restricting his personal freedom to be with him in
links and visit him. The exercise of this right can not be
authorities of the receiving State closed after seven days from the date of informing
pursuant to paragraph 2.
Fourth In the case where a citizen of the sending State after conviction in the performance
imprisonment, a consular officer has a right to be in communion with him and visit him
.
Fifth The rights referred to in paragraph. 3 and 4 will be carried out in accordance with legal regulations of the receiving State
of contacts and visiting persons against whom action has been taken
imprisonment.
6th The competent authorities of the receiving State shall inform the citizen
sending State who is arrested, taken into custody or subjected to other
measures restricting his personal freedom, the possibility of contact, which has
under this Article.
Article 31
Consular fees and charges
First The consular post may levy in the receiving state benefits and
fees for consular services prescribed by the regulations of the sending State
.
Second Amounts collected on benefits and charges referred to in paragraph. 1
are exempt from all dues and taxes in the receiving State.
Article 32
Freedom of movement
Subject to the laws of the areas to which access is prohibited or regulated
specific regulations for reasons of national security or public interest
, receiving State shall ensure to members of the consular post
freedom of movement within their territory.
Article 33
Personal inviolability
Consular officers, consular employees and their families
members enjoy personal inviolability. They can not be arrested or detained
any way. This provision shall not apply to persons
referred to in Article 45 of this Convention.
Article 34
Exemption consular officer from the jurisdiction of the receiving State
First A consular officer shall enjoy immunity from the criminal jurisdiction of the receiving State
. It is also excluded from its civil and administrative legal jurisdiction with the exception
A) substantive action relating to private immovable property on the territory of the receiving State
unless he holds it on behalf of the sending State for the purposes
consulate,
B) proceedings relating to succession in which the consular officer
executor, administrator, heir or legatee
as a private person and not on behalf of the sending State
C) proceedings arising from a contract concluded by a consular officer
which expressly or agreeing
as a representative of the sending State
D) proceedings initiated by a third party for damage arising in
receiving State from an accident caused by a vehicle.
Second Against a consular officer can not use any coercive measures
, except as specified under point. a), b), c) and d) paragraph.
1, and provided that it can be realized without violating
inviolability of his person or dwelling.
Article 35
Exemption consular personnel from the jurisdiction of the receiving State
Consular employee shall enjoy immunity from the criminal jurisdiction of the receiving State
. It is also exempt from civil law and administrative jurisdiction of the receiving State
regarding acts in the exercise of its official activities
except in cases specified in subparagraphs a), b), c), d), paragraph. 1 of Article 34 | || this Convention. This provision shall not apply to persons referred to in Article 45 of this Convention
.
Article 36
The exclusion of members of service personnel from the jurisdiction of the receiving State
Members of the service staff shall enjoy immunity from the criminal, civil law and
administrative jurisdiction of the receiving State only with respect to acts
in the performance of their duties. This provision does not apply to
persons referred to in Article 45 of the Convention.
Article 37
The exclusion of family members from the jurisdiction of the receiving State
The exclusion of members of the consulate from the jurisdiction of the receiving State
according to Article 34, 35 and 36 of this Convention accordingly applies to
Their family members.
Article 38
Exemption from the requirement to submit testimony and opinions
First A consular officer is not obliged to give evidence as a witness before
judicial or other competent authorities of the receiving State.
Second Consular employee and a member of the service staff may be asked
to testify as a witness before the judicial or other competent authorities of the receiving State
. May refuse to testify concerning
facts concerning its business activities and present
official documents or official correspondence relating to his official
activity.
Third The provisions of this Article shall apply accordingly also
family members of the consulate.
Article 39
Exemption from personal services
Members of a consulate and their family members are
receiving State shall be exempt from the obligations of any kind of enforceable
receiving State.
This provision shall not apply to persons referred to in Article 45 of the Convention.
Article 40
Exemption from registration
Members of a consulate and their family members are exempt from the obligations laid down
laws and regulations of the receiving State
concerning the registration of aliens and similar demands against them.
Article 41
Exemption from customs duties
First The receiving State shall, in accordance with their laws and regulations permit the importation
and grant exemption from customs duties and all other similar
duties on articles intended for
A) the official use of the consular post
B) personal use of consular officers and their family members
including articles intended for their equipment;
consumer goods may not exceed the amount necessary for their direct consumption.
These exemptions do not apply to the cost of storage, transport and similar services
.
Second Consular employees and members of the service staff shall enjoy
privileges and exemptions specified in paragraph. 1 point. b) in respect of articles
imported in their initial device.
Third Personal baggage of consular officers and their family members
are exempt from customs inspection.
May be inspected only if there are serious reasons for believing that contain
objects other than those listed in paragraph. 1 point. b)
or objects that the laws of the receiving State
prohibit export or import or subject to quarantine. In these cases, the
check out in the presence of the consular officer or
respective family member.
Article 42
Tax exemption
First Consular officers and consular employees and their families
are exempt from all dues and taxes, personal or
real, national, regional or municipal, except
A) indirect taxes normally included in the price of goods or services
B) dues and taxes on private immovable property is found on the territory of the receiving State
subject to the provisions of Article 27
C) inheritance taxes and fees and charges from the transfer of property subject to the provisions of Article 43
letters b)
D) taxes on any income received in the receiving State
excluding income from their official activities
E) registration, court, mortgage dues and stamp taxes with the exception of the provisions of Article 27.
Second Members of the service staff shall be exempt from any taxes and
fees and charges income from their activities.
Article 43
The exemptions provided in the event of death of a member of the consular post
In case of death of a member of the consular post, the receiving State is obliged
A) authorize the export of the movable property of the deceased, whose
acquired in the receiving State and who, at the time of death applies
ban exports
B) exempt it from taxes and duties and from all other similar charges
condition that the property in the receiving State only in the context of
residence of the deceased in that State as a member of the consular post
.
Article 44
Social security exemption
First Subject to the provisions of paragraph 3, members of the consular post
regarding the activity carried out by the sending State, be exempt from
Social security provisions in force in the receiving State.
Second The exemption provided for in paragraph 1 shall also apply to members of the private
staff who are employed solely by the members of the consulate if
A) are not citizens of the receiving State or in the State
permanent residence
B) not subject to the social security legislation in force in
recipient or a third country.
Third Members of the consular post who employ persons to whom the exemption does not apply
referred to in paragraph. 2, they must fulfill the obligations on employers
regulations of the receiving State on Social Security
.
Fourth Exemption referred to in paragraph. 1 and 2 shall not preclude voluntary participation in the social security
receiving State provided that such participation
It authorizes the state.
Article 45
Exceptions to the privileges and immunities
Privileges and immunities provided in this Convention except for paragraph. 2 and 3 of Article 38 and Article 43
do not apply to consular employees, members of the service
staff and family members of the consulate when
nationals of the receiving State or have their permanent residence.
Article 46
Waiver of privileges and immunities
First The sending State may waive the privileges and immunities for members of the consular office
referred to in Articles 33, 34, 35, 36, 37 and 38.
Second Waiver of privileges and immunities shall in all cases except
case referred to in paragraph. 3 and shall be communicated to the receiving State
writing.
Third If a member of a consular post initiate proceedings in a case in which
would enjoy immunity from jurisdiction under article 34 paragraph. 1 and Article 35, can not
invoking immunity from jurisdiction concerning any counterclaim
related to the main action .
Fourth The waiver of immunity from jurisdiction in respect of civil or administrative
does not renounce the immunity and terms of execution of the judgment for which
need to waive immunity separately.
Article 47
Beginning and end of consular privileges and immunities
First Members of a consulate shall enjoy the privileges and immunities provided in the Convention
since crossing the border of the receiving State on proceeding to take
his office, or if already in its territory, since the
taking up their duties with the consular office.
Second Family members of members of the consulate shall enjoy the privileges
mentioned in this Convention
A) since a member of the consulate will enjoy the privileges and immunities under paragraph
. 1
B) since crossing the border of the receiving State, if it entered its territory
later than specified in subparagraph a)
C) since it became a member of the consular family members
office if they become later than specified under a) and b
).
Third When it finishes work member of the consulate, its privileges and immunities
and privileges and immunities of members of his family up in a time when this
person leaves the territory of the receiving State, or after a reasonable
deadline for that purpose.
Privileges and immunities of consular employees and members of the service staff
who are nationals of the receiving State or nationals of the sending State and
are permanently resident in the receiving State, ends when the person ceases to be employed
consulate Office or member of the service staff
.
Fourth Privileges and immunities provided to family members also ends at
time when family members ceased to be a member of the consulate.
However, if these people declare that they intend to leave the territory
receiving State within a reasonable period, their privileges and immunities shall subsist
during this period.
Fifth In case of death of a member of the consular post and members of his family
continue to enjoy the privileges and immunities accorded to them by the present Convention until
time they leave the territory of the receiving state, or after a reasonable
period which was intended for this purpose .
6th Members of the personnel shall enjoy the rights and privileges granted to them
this Convention during the period when they are employed as such.
7th As for the actions carried out by members of the consular post in the exercise of their official functions
, take their immunity from the jurisdiction of the receiving State
indefinitely.
Article 48
Notification sailings
Ministry of Foreign Affairs of the receiving State shall be notified:
A) the arrival and final departure
family of a member of the consular post, or even the fact which a person becomes or ceases to be
family member
B) the arrival and final departure of members of the private staff or
termination of their service as such,
C) employment and dismissal of persons having permanent residence in the receiving State and
employed as consular employees or members
service or private staff.
Article 49
Compliance with the law of the State
First Without prejudice to their privileges and immunities provided in this Convention is the duty of all persons
those privileges and immunities, ensuring
laws of the receiving State.
Second Members of a consulate shall enjoy the facilities, privileges and immunities only
for the performance of their official duties.
Third The consular premises shall not be used in a way that is
incompatible with the exercise of consular functions.
Article 50
Insurance of civil liability
For all means of transport owned by the sending State
used by consular offices, as well as all means of transport
members of the consular post or of their family members is mandatory
insurance against damage to third parties.
Chapter IV
Final provisions
Article 51
Ratification, entry into force, termination
First This Convention shall be ratified and enter into force on the thirtieth day after
date of exchange of instruments of ratification, which will take place in Prague.
Second This convention is of unlimited duration.
May be terminated by written notification to each of the High Contracting Parties. In this case
expires after six months from the date of termination.
Third The entry into force of this Convention expires
Consular Convention between the Czechoslovak Socialist Republic and the Romanian People's Republic
signed on 21 May 1960 in Bucharest.
In witness whereof Agents of the High Contracting Parties have signed this Convention
and affixed their seals.
Done in Bucharest on 9 December 1972 in two originals, each in the
Romanian and Czech languages, both texts being equally
force.
For the Czechoslovak Socialist Republic:
Ing. Bohuslav Chňoupek vr
For the Socialist Republic of Romania:
George Macovesu vr
Dear Comrade Minister,
In connection with Article 2 of the Consular Convention between the Czechoslovak Socialist Republic
and the Socialist Republic of Romania,
signed in Bucharest on December 9, 1972, I have the honor to inform you that
during the negotiations it was agreed that the number of members of consular offices
will be determined by agreement between the two parties in each case.
If you agree with the above, I propose that this letter and your reply
were considered the agreement of both parties in this case and as
integral part of the Convention.
Please, accepted, respected Comrade Minister, the assurances of my highest esteem
.
Ing. Bohuslav Chňoupek vr
In Bucharest on 9 December 1972
Dear Comrade
George Macovescu,
Minister of Foreign Affairs of the Socialist Republic of Romania
Dear Comrade Minister,
I have the honor to acknowledge receipt of your letter dated December 9, 1972, in the wording
:
"In connection with Article 2 of the Consular Convention between the Czechoslovak Socialist Republic
and the Socialist Republic of Romania,
signed in Bucharest on December 9, 1972, I have the honor to inform you that
during the negotiations, it was agreed the number of members of consular offices
will be determined by agreement between the two parties in each case.
if you agree with the above, I suggest that Aunt
letter and your reply be considered as an agreement both parties in this case and as
integral part of the Convention.
Please, accepted, respected Comrade Minister, the assurances of my highest esteem
. "
At the same time I have the honor to inform you that the Romanian side agrees with the proposals
Czechoslovak party contained in your letter.
Please, accepted, respected Comrade Minister, the assurances of my highest esteem
.
George Macovescu vr
In Bucharest on 9 December 1972
Dear Comrade
Bohuslav Chňoupek,
Minister of Foreign Affairs of the Czechoslovak Socialist Republic.
