43/1986 Coll.
Decree
Minister of Foreign Affairs of 3 June. February 1986 on Consular Convention
between the Czechoslovak Socialist Republic and the Yemen people's
Democratic Republic of the
On 23 December 2005. March 1984 was in Prague signed a consular Convention between
The Czechoslovak Socialist Republic and the Yemen people's
Democratic Republic.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
the Republic has ratified it. The instruments of ratification were exchanged in Aden of the day
April 18, 1985.
Convention entered into force, pursuant to article 54 on 18 December 1999. may
1985.
The Czech version of the Convention shall be published at the same time.
Minister:
Ing. Now in r.
Consular Convention
between the Czechoslovak Socialist Republic and the Yemen people's
Democratic Republic of the
The Czechoslovak Socialist Republic
and
The people's Democratic Republic of Yemen
guided by the common goal to maintain, strengthen and deepen
relations in a spirit of friendship and cooperation, on the basis of respect for the
the sovereignty, equality and non-interference in the internal affairs,
Desiring to modify their consular relations and to define the rights, privileges and
immunity of their consular posts and members of the consular posts and to ensure
protection of their interests and the interests of their citizens,
have decided to conclude this Convention and have agreed as follows:
Title I Of The
Article 1
The definition of the
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" means the person in charge of the sending State,
to carry out the duties associated with this feature;
(d)) "consular officer" is any person, including the head of the consular
the Office, which was responsible for 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 consular officers in addition to the
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 spouse, children and parents of the Member of the consular
the Office, who live with him in the same household;
k) "consular rooms" are the buildings or parts of buildings and lands to them
belonging exclusively used for the purposes of consular post, regardless of
on who owns them, including the residence of the head of
the consular office;
l) "consular archives" are all documents, documents, correspondence,
books, seals, movies, recording tapes and registers of consular post
together with the ciphers and codes, filing cabinets, and any parts of the device
intended for their protection and saving;
m) "official correspondence" is all correspondence relating to the
consular post and its functions;
n) "the ship of the sending State" is any ship flying the flag of
of the sending State, except ships of war;
about) "aircraft of the sending State" is any plane that has jurisdiction
of the sending State, which is registered in this State in accordance with
its laws and regulations and which bears his mark, with the exception of
military aircraft.
Title II
Consular relations generally
Article 2
The establishment of consular post
1. each Contracting Party may, with the consent of the receiving State to set up the
its territory of the consular post.
2. the registered office of the consular post, its classification 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 classification or
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 also needed
to establish offices forming part of the consular post located outside the
the seat of this authority.
Article 3
Citizenship consular officials
The consular officer can only be a citizen of the sending State that the
the territory of the receiving State does not have a permanent residence.
Article 4
Appointment and acceptance of the heads of consular posts
1. The head of the consular offices are appointed by the sending State and
recruited to discharge its functions, the receiving State.
2. the provisions of this Convention, while maintaining the formalities of appointment
Heads of consular posts governed by the laws, regulations and practices
of the sending State, the formalities of their adoption is governed by the laws, regulations and
practices of the receiving State.
Article 5
Konzulský patent
1. The sending State shall head of consular post to annotate document
in the form of a patent or similar document made out to each
appointment especially that certifies its function and in which it is stated
as a rule, his full name, category and class, consular circuit and the seat of the
the consular office.
2. The sending State shall send to the patent document or a similar diplomatic
or other appropriate way to the Government of the State in whose territory the head
consular office to carry out their functions.
Article 6
Exekvatur
1. the head of the consular office are able to perform their functions on the
the basis of the consent of the recipient State, called the exekvatur, whether
form of consent.
2. A State which refuses to provide a exekvatur, it is not obliged to inform the
sending State the reasons for its refusal.
Article 7
Provisional acceptance of the head of consular post
After delivery of the exekvatur head of the consular post may be admitted to
performance of their duties on a provisional basis. In that case, they will use
the provisions of this Convention.
Article 8
Notify the authorities of the consular circuit
As soon as the head of the consular office accepted, albeit on a provisional basis, to the
the performance of its functions, the receiving State shall, without delay, notify about it
the competent authorities of the consular district. The implementation of the necessary
measures to ensure that the head of the consular office could carry out the duties
arising from its authority, and to enjoy the benefits arising from the provision of
of this Convention.
Article 9
Temporary exercise of functions of the head of consular post
1. In the case that the head of the consular post it is not in a position to exercise its
function or the head of the consular office is temporarily
uprázdněno, the head of the authority on a provisional basis to act temporarily as the head of
the consular office. The sending State may features the temporary head of the
Consular Office of the consular officer of the Office of the delegate or
another consular post or a member of the diplomatic staff
the diplomatic mission.
2. the name of the temporary head of the consular post it is necessary to inform in advance
the beneficiary State through diplomatic channels.
3. the Temporary head of the consular office shall provide benefits, privileges and
immunity, which enjoys under this Convention, the head of the consular office.
4. If, in the circumstances referred to in paragraph 1 of this article the
of the diplomatic staff of the diplomatic mission of the sending State is in
the receiving State entrusted with the sending State the functions of the temporary
the head of the Office, will be, if the beneficiary State against objects
objections continue to enjoy diplomatic privileges and immunities.
Article 10
The notification to the beneficiary State on the appointment, arrival and departure
1. Ministry of Foreign Affairs of the receiving State or authority
designated by that Ministry will notify:
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 that have an impact on their status, which may
occur during their service to the consular post;
(b) the arrival and final departure of the) family member
consular office and, where applicable, the cases when a person is
becomes or ceases to be such a member of the family;
(c) the arrival and final departure) of the members of the private staff and, where
It's appropriate, the termination of their service;
d) employment and the release of people residing in the receiving State,
as regards members of the consular post, or members of the private staff
enjoying privileges and immunities.
2. arrival and departure will be ultimate, if possible, also notify the
in advance.
Article 11
A document issued by a consular official of the receiving State
The competent authorities of the receiving State shall issue a consular officer
the document, which certifies the right to exercise consular functions in the
the territory of the receiving State.
Article 12
Persons declared non grata
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
Depending on the circumstances, either the State such person shall withdraw or terminate its function
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 exekvatur
the people or stop it as a member of the consular staff.
3. A person appointed by 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 each such case, the sending State shall take
the appointment back.
4. in the case 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.
Article 13
The end of the functions of a member of the consular post
A member of the consular post ends, among other things:
notification of the posting State) to the beneficiary State, that the member function
consular office ended;
b) citing exekvatur;
(c) the receiving State) by a notice that the sending State to the receiving
It ceased to be regarded as a State member of the consular staff.
Title III
Consular jurisdiction and consular functions
Article 14
Basic consular functions
Consular functions it depends, in particular:
and) in protecting the rights and interests of the sending State and its citizens and
legal persons in the receiving State;
(b)) to support the development of commercial, economic, cultural, scientific and
tourist relations between the sending State and the receiving State, and in another
the development of friendly relations between them;
(c)) in the survey on the situation and development of commercial, economic, cultural and
the scientific life and life in the field of tourism of the State addressed all
by lawful means and in the reporting of the Government of the sending State
and information to interested parties.
Article 15
The performance of consular functions
1. the consular officer is entitled to exercise in the circuit in the consular
accordance with the legislation of the receiving State, the consular function
referred to in this Convention.
2. the consular officer may, with the consent of the receiving State to exercise its
consular functions and outside the consular district.
Article 16
Conjunction with the authorities of the receiving State
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
laws, regulations, and practices of the receiving State or the competent
the international treaties.
Article 17
The registration of citizens of the sending State
Consular officer may register for citizens of the sending State who
have a permanent or temporary residence in the consular district.
Article 18
The issue of passports and visas
1. a consular officer is entitled to in accordance with the legislation of
of the sending State to issue, renew, amend, cancel, withdraw, or
hold the travel documents of citizens of the sending State.
2. a consular officer is entitled to issue appropriate visas to persons who
they wish to travel to the sending State and to extend or cancel their
force.
Article 19
Notarial functions
1. Within the scope of the laws and regulations of the receiving State is
consular officer is entitled to exercise the consular office in an apartment
a citizen of the sending State, on board an aircraft or ship the sending
the State of the following features:
and to receive, to draft and) verifying the Declaration of the citizens of the sending State
and the contract between them;
(b)) to draw up, to certify and accept in trust wills and other documents and
Declaration of the citizens of the sending State;
c) validate the signatures of the authorised officials of the authorities of the sending or
of the receiving State, and validate copies, extracts and translations;
d) validate the signatures of citizens of the sending State;
e) verify the certificate of origin and the trade accounts of goods exported from
of the receiving State as well as other documents;
f) verify signatures, stamps and documents issued by the competent authorities of the
of the receiving State for their use in the posting State;
g) receive custody papers, documents, money and valuables that belong
citizens of the sending State or they are intended.
2. the documents and the documents referred to in paragraph 1 of this article shall have the same
force and evidence much in the receiving State, such as documents and documents
certified by the competent authority of that State, if they are not in conflict with the
the laws and regulations of that State.
Article 20
Functions in matters of personal status
1. Within the limits set by the legislation of the sending State is
consular officer shall be entitled to:
and to enter into marriage) between citizens of the sending State and the issue of how
appropriate supporting documents;
(b)) take birth and death certificates of the citizens of the sending State, and a copy of the
These documents;
(c)) receive the declarations concerning the family circumstances of the citizens of the sending
State;
(d)) receive the applications and declarations in matters of citizenship of the citizens of
the sending State and to issue the relevant documents.
2. the competent authorities of the receiving State shall, without delay and free of charge
at the request of the consular post of the sending copies of and extracts from the Registry Office on
the citizens of the sending State.
Article 21
Functions in matters of inheritance
1. the competent authority of the receiving State shall immediately inform the consular
the authority of the sending State for the death of its citizen on the territory of the receiving
the State and sent him a death certificate and provide it with the information available on
dědice, succession and wills, as soon as they are available. The competent authorities of
the receiving State shall inform the consular post of the sending State,
If they learn that a citizen of the sending State has left property in the
a third State.
2. If, in the territory of the receiving State heritage passed on to heirs or
an authorized participant who is a citizen of the sending State, the competent
the authorities of the receiving State shall immediately inform the consular post of the
of the sending State.
3. the competent authority of the receiving State shall inform the consular post of the
the sending State of the measures taken to ensure and manage the heritage
Celtic heritage left in the territory of the receiving State to a deceased citizen of the sending
State. Consular officer, directly or through an authorised
representative to provide assistance in the implementation of measures to ensure the rights of the
citizens of the sending State of the heritage, including the supervision of the transport of
valuable things, which will be conducted in accordance with the law
of the receiving State.
4. Discuss the heritage on the territory of the receiving State, the chattel
or the proceeds from the sale of chattels or real estate to go
citizens of the sending State as authorized participants, heirs or
odkazovníku that does not stay in the receiving State and the management of the
did not participate in or was not represented, will be issued to consular post
of the sending State to pass on the condition that:
and the authorities of the receiving State) give their consent to transfer money or export
the property of this State to the sending State in accordance with the laws and
regulations of the receiving State and taking into account the principle of reciprocity;
(b)) have been paid all the debts of the succession or their payment has been
ensured within the time limits laid down in the laws and regulations of the receiving State;
c) fees have been paid and the tax on inheritance or their payment has been
provided.
5. If the sending State citizen dies during their transitional
stay in the receiving State, all his personal belongings and money along with
their list will be, after paying his debts, forwarded to the consular
the Office, unless the laws and regulations of the receiving State.
Article 22
Functions in matters of guardianship
1. the consular officer may, within the scope of the laws and regulations
of the receiving State to take care of a minor or other citizen
of the sending State, which does not have full capacity to perform legal acts,
especially in cases when these persons requested custody and
guardianship.
2. As soon as the authorities of the receiving State can learn about cases where the
need to appoint a guardian or a guardian for the citizen of the sending
the State, in writing, it shall notify the competent consular authority.
3. In cases where the administration of the property of minors is not enforced or
other persons not having full legal capacity may
consular official shall ask the competent authorities of the receiving State to
the appointment of the administrator of the estate or of the implementation of the relevant measures.
Article 23
Representation of the citizens of the sending State before the courts and other authorities
of the receiving State
1. in accordance with the legislation of the receiving State's consular
the officer the right to represent or 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, due to the absence or of the
other reasons are unable to take in time defending 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 ensure defending
their rights and interests.
Article 24
The service of judicial and extrajudicial documents and judicial request
Consular officials are allowed to serve judicial and non-judicial
documents and deal with the Court's request, according to valid international
contracts or-if such a contract in the absence of any other way that is
in accordance with the legislation of the receiving State.
Article 25
Features relating to maritime and inland waterway transport
1. the consular officer may in its consular district to provide assistance
the ships of the sending State, if they are in the internal or
coastal waters of the receiving State. The authorities of the receiving State to
the request shall provide the necessary assistance.
2. the consular officer has the right to a connection with the captain, the crew members and
passengers on the ship. Can enter the boat, check
documents, including those concerning cargo ship routes and locations
identify and investigate events that occurred on board the ship. Is entitled to
take measures in matters relating to navigation, if they are in accordance with the
the laws and regulations of the sending State and do not conflict with the laws and
regulations of the receiving State.
3. the captain of the ship or crew member that represents it, is entitled, without
special permit to connect with the consular officer, if consular
the authority shall have its seat in the maritime port. Does not have a consular here
Office is located, the travel authorisation must be obtained from the competent authority
of the receiving State.
4. where the authorities of the receiving State they intend to carry out,
investigation or enforcement measures on board the ship of the sending State,
the consular officer shall inform in advance so that it could be present.
If it cannot be present, he must be sent a detailed protocol on
the implementation of those measures.
5. in the case of urgent measures or if these measures
carried out at the request of the captain of the ship, must be about consular officer
informed without delay.
6. The provisions of paragraphs 4 and 5 of this article shall not apply if the
Customs, border and health control.
7. If the sending State the ship fails, gets stuck, to jump ashore
or is otherwise damaged in the internal or territorial waters
of the receiving State, the competent authorities of the receiving State
shall report forthwith to the consular officer and get acquainted with it by
What measures have been taken to rescue and protect passengers, crew,
the cargo and the ship.
8. the consular officer may ask the competent authorities of the receiving
State to take measures to rescue and protect passengers, crew,
the cargo and the ship. If the events referred to in paragraph 7 of this
Article, the competent authorities of the receiving State will provide consular
an official with the necessary assistance in the preparation and implementation of the relevant
measures.
Article 26
Functions relating to civil air transport
The provisions of article 25 shall apply mutatis mutandis to civil aircraft
of the sending State, if this is not contrary to the laws and regulations
of the receiving State.
Article 27
Other consular functions
Consular officer may perform other consular functions, which are
entrusted to the sending State, and that are not laid down by this Convention,
If the receiving State agrees in advance.
Article 28
Consular fees and benefits
1. Consular post for consular acts to choose from on the territory
the beneficiary State fees and benefits provided for by the laws and regulations
of the sending State.
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.
Title IV
The advantages, privileges and immunities
Article 29
Facilitate the work of consular protection and consular officials
1. the receiving State shall facilitate the exercise of the functions in full consular and
consular officials and shall take the necessary measures to be able to enjoy the
benefits, privileges and immunities as provided for in this Convention.
2. the receiving State shall treat consular officers with due
due respect and shall take all appropriate measures to prevent any attack against the
the person, freedom or dignity.
Article 30
The use of the coat of arms and state flag
1. on the building of the consular post and its entrance can be placed by State
the character and the name of the sending State in the language of the sending State and
of the receiving State.
2. the national flag of the posting State can be hoisted on the building
consular office, the residence of the head of the consular post and its
means of transport when they are used for professional purposes.
Article 31
The acquisition of the property, hiring and use of land and buildings, sending
by the State
1. The sending State may, in accordance with the laws and regulations of the receiving
the State acquire the ownership, lease or use in any other form
imposed by those laws and regulations, land, buildings or parts of buildings, for
the needs of the consular post or for accommodation of members of the consular post
who are nationals of the sending State.
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. The sending State is not relieved of the obligation to respect the laws of the
the construction and zoning or other restrictions that apply to the area
in which such land, buildings or parts of buildings are located.
Article 32
The inviolability of consular Chambers
1. Consular premises are inviolable.
2. the authorities of the receiving State may not enter them, but the
the consent of the head of the consular post of the head of the diplomatic mission
the sending State or the persons in charge of some of them.
3. the receiving State has a special duty to take all reasonable
measures to protect consular rooms against any assault or
damage and to prevent any disturbance of peace consular office
or injury to his dignity.
4. the Consular premises, their equipment, property and consular office
his means of transport are not subject to any form of requisitions for the purposes
National Defense or public needs.
Article 33
The tax exemption of consular offices and the apartments of members of the consular
of the Office and of movable property
1. Consular room and the apartments of members of the consular post, which is
the sending State or any person acting on its behalf by the owner
or lessee shall be exempt from all national, regional or
local taxes and fees, with the exception of the charges levied for the provision of
services.
2. the relief referred to in paragraph 1 of this article shall not apply to taxes
and fees according to the law of the receiving State to pay the person
entering into a contractual relationship with the sending State or with the person
acting on its behalf.
3. the exemption referred to in paragraph 1 of this article shall apply to the movable
assets owned by the sending State or that is located in the
its use and which is designed exclusively for consular purposes.
Article 34
Inviolability of the consular archives and documents
The consular archives and documents are always and everywhere be inviolable.
Article 35
Freedom connection
1. the receiving State shall permit and protect the freedom to join the consular
the Office for official purposes. In conjunction with the Government, diplomatic missions and
other consular authorities of the sending State, wherever they are, can
consular post shall use all appropriate means, including diplomatic
and consular couriers, diplomatic and consular baggage and
encoded or encrypted messages. Radio radio station may, however,
consular office to set up and use only with the consent of the receiving
State.
2. The official correspondence of consular office and consular bag are
be inviolable and may not be opened or detained. The consular bag
must bear a clear external indication of its nature. Can
contain only official correspondence and articles intended for the official
the need for.
3. the Consular courier shall be provided with an official Charter to indicate its
the status and the number of packages constituting the consular bag. Without the consent of
the receiving State may not even be a citizen of the State addressed, or
If you are not a resident of the sending State, a person with permanent residency in the
the receiving State. In the performance of its functions shall enjoy the protection of the
of the receiving State. The consular courier shall enjoy personal inviolability and
in no way shall not be arrested or detained.
4. the Consular bag may be entrusted to the captain of the ship or the civil
performed by aircraft at the point of entry. The captain will 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 one 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 36
Connections and contacts with citizens of the sending State
1. In order to facilitate the performance 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
State and to have access to them. Citizens of the sending State shall have the same right,
as regards the connection with the consular officials of the sending State and
access to them;
(b)), the competent authorities of the receiving State will be within three days, inform the
consular post of the sending State for cases where in his consular
place where a citizen of the sending State was arrested, imprisoned, and put to the binding or
detained in a different way. Also each message you have designated for
Consular Office of the person who has been arrested, is in prison, in custody, or
was seized, deliver the said authorities without delay. These authorities shall
without delay inform the person concerned of his/her rights, which
According to this letter;
(c)) consular officer has the right, within a period of 7 days from the date of
requests, visit the citizen of the sending State who is in prison, custody
or is detained, so that he could speak, write and keep it
legal representation. It also has the right to visit any citizen
of the sending State who is in prison, in custody or is locked in
his place on the basis of the judgment.
2. the rights referred to in paragraph 1 of this article shall be exercised in accordance
the laws and regulations of the receiving State, provided, however, that the
laws and regulations will enable the full realization of the objectives for which it was the law of
granted under this article.
Article 37
Freedom of movement
Subject to the laws and regulations of the areas to which access is disabled
or modified for reasons of State security, the receiving State shall ensure to all
members of the consular post of the freedom of movement and travel in its territory.
Article 38
The inviolability of consular officers
The person of the consular official and his private dwellings shall be inviolable.
Consular officer shall not be arrested or detained in any way.
Article 39
The exclusion of consular officials from the jurisdiction
1. the consular officer is exempt from the criminal jurisdiction of the receiving
State. It is also excluded from its civil and administrative jurisdiction, with the
except that it is:
and substantive action on) on private property in the territory of
of the receiving State, unless it owns the consular officer on behalf of the
of the sending State for the purposes of the consular post;
b) in an action relating to succession in which the consular officer as
a private person and not on behalf of the sending State,
the executor of a will, administrator of heritage, the heir or
odkazovníkem;
(c)) in an action relating to a profession or business activity, which
consular officer shall be exercised in the receiving State, in addition to its official
function;
(d)) of the action brought by a third party concerning damages arising out
the receiving State from an accident caused by a vehicle, boat or plane.
2. the consular officer is not subject to enforcement measures, with the exception of cases
in points), b), c) and (d)) paragraph 1 of this article, if such
the measures can be implemented without it being violated the integrity of its
persons and private dwellings.
3. The provisions of paragraphs 1 and 2 of this article shall also apply to family
members of the consular officials, if they are citizens of the sending
the State and do not have permanent residence in the receiving State.
4. Exclusion of the consular officer from the jurisdiction of the receiving State
It does not mean its exemption from the jurisdiction of the State of the sending.
Article 40
The exclusion of consular personnel from the jurisdiction of
1. Consular employees are not subject to the criminal jurisdiction of the receiving
State. The civil and administrative jurisdiction of the receiving State
shall not be subject, with regard to the exercise of their official functions.
2. The provisions of paragraph 1 of this article shall not apply to
civil proceedings:
and) arising from a contract entered into by an employee that the consular
expressly or obviously nesjednal as a representative of the sending State,
or
(b)) initiated by a third party in the event of damages incurred in the receiving State
from an accident caused by a vehicle, boat or plane.
Article 41
The obligation to give evidence
1. the consular officer is not obliged to give evidence as a witness.
2. Consular employees or members of the service staff can be
be prompted to appear as witnesses during court or administrative
control. Consular employee or a member of the staff of the personnel not
except in the cases referred to in paragraph 3 of this article refuse to give
the testimony.
3. Consular employees or members of the service staff do not have the
obligation to submit testimony concerning things associated with the performance of their
functions or to submit to the official correspondence and documents these things
related.
Article 42
Exemption from registration of aliens and residence permits
1. Consular officers and consular employees and their family
Members are exempt from all obligations imposed on the laws and regulations
of the receiving State, relating 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, and to
their family members.
Article 43
Exemption from social security
1. While retaining 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 only for members of the consular
authority, provided that:
and that they are not citizens) of the receiving State, or do not reside in it;
(b)) that they are subject to the social security legislation in force in the
the posting 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
the obligations imposed on employers the provisions on social
the security of the recipient State.
4. The exemption referred to in paragraphs 1 and 2 of this article shall not preclude the
voluntary participation in the social security system of the receiving State
provided, that the participation of the beneficiary State permits it.
Article 44
Exemption from taxation
1. Consular officers and consular employees and their family
Members are in the receiving State, be exempt from all taxes and
fees, personal or material, of national, regional or
local, with the exception of:
a) indirect taxes, which are usually included in the price of the goods or
the services;
(b)) taxes and fees from private real estate on the territory of the receiving
State, subject to the provisions of article 33;
c) survivors ' or probate fees and charges of the transfer of assets
levied by the receiving State, subject to the provisions of paragraph (b))
Article 47;
d) taxes and fees from the private income, including a return on capital,
that has its source in the receiving State, and from property taxes
relating to investments, embedded in a commercial or financial
enterprises in the receiving State;
e) charges levied for the provision of specific services;
f) registration, legal, documentary, mortgage and kolkových
fees, subject to the provisions of article 33.
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 wages
or salaries shall not be exempted from income tax in the receiving State, it must
to fulfill the obligations that the laws and regulations of this State
employers in connection with the collection of income tax.
Article 45
Exemption from customs levies and tours
1. the receiving State shall in accordance with its laws and regulations allow
imports and provide exemption from all customs duties, taxes and
related charges other than charges for storage, cartage and similar
services:
and) in articles intended for official use of the consular office;
(b)) in articles intended for personal use by consular officials and
their family members. Articles intended for consumption shall not
exceed the amount necessary for the direct consumption of the persons concerned.
2. Consular employees shall enjoy the privileges and exemptions in
paragraph 1 letter b) of this article, in respect of articles imported at the
the time of their first arrival in the Office.
3. Personal baggage accompanying consular officers and their family
Members shall be exempt from 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
the import or export of which is prohibited the laws and regulations of the receiving State or the
subject to its laws and regulations on quarantine. Referred to
the inspection must be performed in the presence of the consular officer or
Member of his family.
Article 46
Exemption from personal services and obligations
The receiving State shall exempt members of the consular post and their family
Members from all personal services, all to public services of all
species and from military obligations such as requisitions, military
military contributions.
Article 47
The assets of a member of the consular post or of his family
The beneficiary State in the event 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 was prohibited at the time of his
death;
(b)) will not levy national, provincial or local survivors ' or
probate fees and charges of the transfer of assets in respect of movable
the property, which was in the territory of the receiving State only as a result of the stay
deceased in that State as a member of the consular post or of a family
a national of a member of the consular post.
Article 48
Special provisions about the benefits, privileges and immunities
1. the provisions of this Convention on the benefits, privileges and immunities of the
do not apply to an employee or member of the staff of the consular staff,
who is a citizen of the receiving State or a citizen of the sending State
in possession of a permanent resident in the receiving State or a citizen of a third State.
2. the members of the family of the employee or member of the staff of the consular
staff, if they are not nationals of the receiving State or the sending
State having permanent residence in the receiving State or citizens of the third
State or engaging in private gainful occupation, shall enjoy the privileges and
immunities provided under this Convention at the consular
staff or member of the staff of the staff.
3. The beneficiary State shall exercise its jurisdiction over persons
referred to in paragraphs 1 and 2 of this article so as to not interfere with the
the performance of consular functions.
Article 49
Waiver of privileges and immunities
1. The sending State may for members of consular office give up any
the privileges and immunities referred to in this Convention. Waiver must be explicit and with
exception of the provisions of paragraph 2 of this article shall be communicated to the
the beneficiary State in writing.
2. If a member of the consular post shall initiate proceedings in the case, in which the
benefited from the exemption from the jurisdiction of the judicial and administrative authorities pursuant to article 39
paragraph 1, or article 40, paragraph 1, he cannot rely on the exclusion of
jurisdiction in respect of actions associated with the principal claim.
3. Give up the immunity from jurisdiction in matters of civil or
Administrative does not mean to give up the immunity in respect of the performance of the
the judgment, which is necessary to give up separately.
Article 50
Insurance against damage to third parties
Means of transport, which is owned by the sending State or that
are used for the performance of consular functions or whose owner is the
a member of the consular post or of his family, will be in accordance
the laws and regulations of the receiving State are insured against damage
caused to third parties.
Title V Of The
Final provisions
Article 51
Observance of the laws and regulations of the receiving State
1. Without prejudice to the privileges and immunities of all persons enjoying such
the privileges and immunities, it is their duty to observe laws and regulations
of the receiving State. They also have a duty to not interfere in the internal
Affairs of the receiving State.
2. The beneficiary State shall ensure protection of consular Chambers.
Consular room may be used exclusively in a manner compatible with the
the nature and functions of the Office of the consular office.
Article 52
The performance of consular functions by diplomatic missions
1. the provisions of this Convention shall apply, if the connection is allowed
also on the performance of consular functions by diplomatic missions.
2. The names of members of a diplomatic mission responsible for the work in the consular
departments or otherwise responsible for the performance of consular functions, the mission is
to be notified to the Ministry of Foreign Affairs of the receiving State or the
the authority designated by that Ministry.
3. in the performance of consular functions of the diplomatic mission may refer to:
and of the consular authorities) to a local circuit;
(b)) on the central authorities of the receiving State, if it is allowed by the laws,
the rules and practices of the receiving State or the competent
the international treaties.
4. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2
This article will continue to manage the rules of international law
relating to diplomatic relations.
Article 53
The ratification of the
This Convention is subject to ratification. The instruments of ratification shall be exchanged in
Aden.
Article 54
Entry into force and termination
This Convention shall enter into force on the thirtieth day after the date of the exchange of
instruments of ratification. Will remain in force until the expiry of six months
the date on which one of the Contracting Parties shall notify the other party in
writing of its intention to withdraw from the Convention.
Done at Prague on 23. March 1984 in two original copies, each
in the Czech language and Arabic languages, both texts being equally authentic.
For the Czechoslovak Socialist Republic:
Bohuslav Chňoupek in r.
For the Yemen people's Democratic Republic:
Abdel Aziz Ad-Dali in r.
