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The Consular Convention Between The Czechoslovak Socialist Republic And The Syrian Arab Republic

Original Language Title: o Konzulární úmluvě mezi ČSSR a Syrskou arabskou republikou

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101/1982 Coll.



The DECREE



Minister of Foreign Affairs from June 30. in May 1983, the Consular Convention

between the Czechoslovak Socialist Republic and the Syrian Arab

the Republic of



On 23 December 2005. May 1979 was signed in Damascus, the Consular Convention between

The Czechoslovak Socialist Republic and the Syrian Arab

the Republic of.



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

May 12, 1983.



The Convention shall enter into force on the basis of article 52 on 11 August. June

1983.



The Czech text of the Convention shall be published at the same time.



First Deputy:



Rehorek v.r.



CONSULAR CONVENTION



between the Czechoslovak Socialist Republic and the Syrian Arab

the Republic of



Czechoslovak Socialist Republic and the Syrian Arab Republic,



Desiring to further develop and deepen the friendly relations between the two

States on the basis of universally recognized principles of international law and

in particular, on the basis of the principles of the sovereign equality of States, territorial

integrity and non-interference in the internal affairs,



Desiring to also edit the consular relations,



have decided to conclude this Consular Convention:



TITLE I OF THE



The definition of the



Article 1



For the purposes of this Convention the following expressions have the following meanings:



1. "consular post" is a Consulate General, Consulate, vicekonzulát or

Consular Affairs;



2. "consular circuit" is the territory of the specified consular office for the performance of

consular functions;



3. "head of consular post" is the person in charge of the sending State,

to carry out the obligations associated with this feature;



4. "consular officer" is any person, including the head of the consular

the Office, which was responsible for the exercise of consular functions;



5. "consular employee" is any person employed in the

administrative, technical, or domestic services, consular

the Office;



6. "members of the consular post" are consular officers and consular

employees;



7. "family member" is a member of the husband or wife of the consular

the Office, as well as his children and his parents, or of his spouse or parents

the wives, if they live with a member of a consular post in the joint

the household;



8. "consular" are buildings or parts of buildings and the land to them

belonging, which are used exclusively for the purposes of consular post

regardless of who is the owner, including the head of the

the consular office;



9. "consular archives" are all documents, documents, correspondence,

books, films, tapes and registers of the consular office together with the

ciphers and codes, filing cabinets, and any part of the equipment intended for

their protection and saving;



10. "official correspondence" is all correspondence relating to the

consular office and its functions;



11. "ship" is any vessel flying the flag of the sending State;



12. "the plane" is any civil aircraft registered in the sending

State in accordance with its laws and regulations, and bearing his mark;



13. "nationals of the sending State" are persons who have

under the legislation of the sending State citizenship

of the sending State;



14. "legal person of the sending State" are organisations established in accordance with

the legislation of the sending State. In the receiving State with them

be treated as legal persons.



TITLE II



The establishment of consular posts and the appointment of consular officials and

consular staff



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 the scope of consular circuit

consular staff are determined by the sending State and

subject to the approval of the receiving State.



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 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



1. The head of the consular offices are appointed by the sending State and

recruited for the exercise of its functions by the beneficiary State.



2. The sending State shall head of consular post to annotate document

in the form of a patent or similar official document for each

appointment especially that certifies its function and in which it is stated

as a rule, his full name, category and class, the circuit and the seat of the consular

the consular office.



The sending State shall send to the patent or similar document through diplomatic channels

or other appropriate way to the Government of the State in whose territory the head

the consular office to carry out its functions.



3. 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, known as exequatur, whether

any form of přivolení. It is desirable, in order to make přivolení what

as soon as possible. In the meantime, he will be granted an exequatur, can be the head of

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.



4. the State which refuses to provide the exequatur is not obliged to inform the

sending State the reasons for its refusal.



Article 4



1. If the head of the consular office for any reasons to exercise

their function, or if the head of the consular office temporarily

uprázdněno, the temporary head of the sending State functions

the consular office of the consular officer of entrust provisionally

the Office or another consular office or a member of the diplomatic

diplomatic staff of the mission; the name of this person is to be provisionally to communicate

Ministry of Foreign Affairs of the receiving State.



2. The temporary head of the consular office shall provide the rights, privileges and

immunity, which enjoys under this Convention, the head of the consular office.



3. If a member of the diplomatic staff of diplomatic missions

the sending State provisionally, head of the consular post, his

diplomatic privileges and immunities shall remain unaffected.



Article 5



As soon as the head of the consular office for the performance of their functions adopted, even if

even provisionally or ad interim, it shall inform the receiving State shall immediately

the competent authorities of the consular district and shall take the appropriate measures to

the head of the consular office could carry out the obligations arising from his

the Office and enjoy the benefits of this Convention.



Article 6



The sending State shall notify the Ministry of Foreign Affairs of the receiving

State:



and the appointment of members of the consular office), their full name, function,

their arrival after the appointment of the consular post, their final departure

or the termination of their functions, and all the other changes that have an impact on their

the position, which 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 belongs to his household, and, where applicable,

cases, when a person becomes or ceases to be a member of the family,



c) admission to employment and the release of persons settled in the receiving

the State, in respect of members of the consular post.



Article 7



1. The consular officer can only be a citizen of the sending State,

It is not permanently staid in the receiving State.



2. Consular officials will not be in the receiving State to exercise any

a private or commercial activity for personal gain.



Article 8



1. the receiving State shall issue to each consular official document,

certifying his right to exercise consular functions in the territory of

of the receiving State.



2. the receiving State may at any time and without giving reasons for its decision

notify the sending State, through the diplomatic channel that a consular

the officer is persona non grata or that any other Member of the consular

the staff is unacceptable. In this case, the sending State under the

the nature of the case, the person concerned shall withdraw, terminate its functions to the consular

Office or cancel the appointment.



3. If the sending State refuses or fails to comply within a reasonable time

commitments, which, in paragraph 2 of this article, the beneficiary may

According to the nature of the case the State withdraw the exequatur to the person concerned, or

stop it as a member of the consular staff.



Article 9



A member of the consular post ends, inter alia:



and) written notification of the sending State to the receiving State that the

his function ended,



b) detention exequatur,



(c)), by written notification to the receiving State, the sending State that it

the beneficiary State ceased to be considered a member of the consular staff in

the cases envisaged in paragraph 3 of article 8.



TITLE III



The facilities, privileges and immunities



Article 10



The receiving State shall facilitate the exercise of the functions in full consular and

consular officials and shall take the necessary measures to ensure that they can

enjoy the rights, privileges and immunities provided for in this Convention.



Article 11
1. The sending State may, in accordance with the legislation of the receiving

the State to acquire the property, to hire or use in any form

specified by the law of the 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

construction and land use planning or other restrictions related to the area

in which such land, buildings or parts of buildings.



Article 12



1. The sending State shall have the right to use in the receiving State, your State

the flag and coat of arms in accordance with the provisions of this article.



2. The national flag of the sending State may be posted up, and coat of arms

placed on the building of the consular post and its entrance, on the residence

the head of the consular post and its means of transport,

If they are used for professional purposes.



Article 13



1. consular office shall be inviolable. The authorities of the

the receiving State may only enter into them with the permission of the head of the

the consular office, the head of the diplomatic mission of the sending State or

the persons in charge of some of them.



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.



Article 14



The consular archives and documents are always inviolable, wherever located

Anyways.



Article 15



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 šifrových

messages. Radio broadcasting station, however, the consular post may establish and

use only with the consent of the receiving State. When using public

fasteners will pay for the consular post of the same conditions

as for the diplomatic mission.



2. With the exception of the case referred to in paragraph 1 of this article shall not be

consular officials imprisoned or must not be limited to their personal

freedom, except in the exercise of the Court's decision which has acquired the

to be able to.



3. the consular officer must be present to the competent authorities in the case,

that is the criminal proceedings initiated against him. However, the management will be carried out

with due regard to his person, his official status by reasoned,

and with the exception of the case referred to in paragraph 1 of this article in a manner

that 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, no need to take

the consular officer in custody proceedings must be instituted against him in

as soon as possible.



4. the receiving State shall, without delay, inform the consular post of the Manager in

where is a member of the consular staff arrested, taken into custody

or when is the initiated criminal proceedings against him. If the referred to

the measures relate to the head of the consular post, the receiving State

inform the sending State through diplomatic channels.



Article 16



The receiving State shall treat consular officers with due respect

and shall take all appropriate measures to prevent any attack against the

the person, freedom or dignity.



Article 17



1. Consular officers shall not be arrested or taken into custody, unless the

in the case of a felony, and, on the basis of the decision of the competent court

authority.



2. With the exception of the case referred to in paragraph 1 of this article shall not be

consular officials imprisoned or must not be limited to their personal

freedom, except in the exercise of the Court's decision which has acquired the

to be able to.



3. the consular officer must be present to the competent authorities in the case,

that is the criminal proceedings initiated against him. However, the management will be carried out

with due regard to his person, his official status by reasoned,

and with the exception of the case referred to in paragraph 1 of this article in a manner

that 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 of the consular

official into custody, proceedings against him must be initiated as soon as

the time.



4. the receiving State shall, without delay, inform the consular post of the Manager in

where is a member of the consular staff arrested, taken into custody

or when is the initiated criminal proceedings against him. If the referred to

the measures relate to the head of the consular post, the receiving State

inform the sending State through diplomatic channels.



Article 18



1. In respect of acts performed in the exercise of consular functions,

consular officers and consular employees are not subject to the jurisdiction of the

the judicial and administrative authorities of the receiving State.



2. The provisions of paragraph 1 shall not apply to civil proceedings:



and) arising from the Treaty, which the consular officer or employee

managed on behalf of the sending State,



(b)) initiated by a third party concerning liability for damage

caused in the receiving State during the operation of the vehicle, ship or aircraft,



(c)) regarding land and real estate, which are situated on the territory of the

of the receiving State, if the consular officer or employee

It does not own for consular purposes, by the sending State,



(d)) concerning inheritance, where a consular officer or consular

an employee acting for the sending State, but as the bailiff

the last will, administrator of heritage, the heir or odkazovník,



e) relate to any private or business activity

consular officer or employee shall perform in the receiving State, next to the

of their official functions.



Article 19



1. The members of the consular post may be invited to appear as a

witnesses to the Court or administrative proceedings. Consular staff

cannot, with the exception of the cases referred to in paragraph 4 of this article,

to refuse to bear witness. If the consular officer refuses to submit

the testimony may not be applied against him any enforcement measures or

other penalties.



2. the provisions of paragraph 1 concerning the consular officials and

consular employees shall apply mutatis mutandis to the members of their families

nationals.



3. the authority requesting the testimony, care shall be taken to be unjust to the consular

an official in the performance of its functions. Whenever possible, it may take

testimony at his residence or at the consular office or accept from

his testimony in written form.



4. The members of the consular post and members of their families do not have the

the obligation to submit testimony to the facts associated with the performance of their

functions or submit the official correspondence of the documentation relating to the

These facts. They are also entitled to refuse to submit a testimonial as

experts from the national law of the sending State.



Article 20



1. The sending State may for a member of the consular office give up privileges and

the immunities referred to in articles 17, 18 and 19.



2. The waiver of privileges and immunities must be, with the exception of the provisions of paragraph 3

This article, in all cases, explicit and must be communicated to the

the beneficiary State in writing.



3. If a consular officer or consular employee shall start the

proceedings in the case, in which benefited from the exemption from the jurisdiction in accordance with article 18,

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 matters of civil or administrative

It also does not give up immunity, in respect of enforcement power

the judgment; This immunity is necessary to give up separately.



Article 21



The receiving State shall exempt members of the consular post and their family

nationals living in a common household with them from all personal

services, public services of any kind, and from military obligations,

such as requisitions, military kontribuce and accommodation of troops.



Article 22



1. Consular officers and consular employees and their family

the family living in a common household with them are exempt from all

the obligations imposed by the laws and regulations of the receiving State with regard to the

the registration of foreigners, residence permits, work permits and other

formalities, which are 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 23



1. subject to the provisions of paragraph 3 of this article are members of the
consular office in terms of the services that they perform for the sending

State, and members of their families living with them in a common household

exempt from the provisions of the social security, which, where appropriate, shall apply 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 receiving State or in the

permanently settled,



(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 24



1. Consular officers and consular employees and their family

the family living with them in a common household, 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

services,



(b)) taxes and charges from private real estate on the territory of the receiving

State, subject to the provisions of article 25,



c) inheritance taxes and charges levied on the transfer of assets

the receiving State, subject to the provisions of paragraph 3 (b)),



d) taxes and charges from private income of all kinds that come from

of the receiving State, including profits derived from transfer of property

values,



e) taxes and charges levied for the provision of special services



(f)), the Court of registration, mortgage and kolkových fees, with

subject to the provisions of article 25.



2. The members of the consular post who employ persons whose salaries

or wages are subject to income tax in the receiving State, it must fulfil the

the obligations that the laws and regulations of this State, as regards the

the collection of income tax.



3. In the case of the death of a member of the consular post or of his family

a living with him in a common household, the receiving 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 or of a family member of a Member

the consular office.



Article 25



1. The sending State in the receiving State shall be exempt from all taxes,

benefits and fees:



and) from land, buildings and parts of buildings used for consular purposes

or as the dwelling of the members of the consular post, if they are in the ownership of the

of the sending State or if they are engaged on its behalf,



(b)) of the contracts and documents that relate to the acquisition of immovable property referred to in

paragraph 1, letter a),



(c) the performance of consular functions), including the collection of consular fees

and benefits.



2. The sending State in the receiving State is also exempt from all

taxes, levies and charges from the movable property which is in the ownership of the

of the sending State or which is in his possession or use, and

that is intended exclusively for consular purposes.



3. The exemption provided for in this article shall not apply to the fees and

benefits for services.



Article 26



The receiving State in accordance with the laws and regulations which may be issued,

shall authorise the import and shall grant the exemptions of customs levies, taxes and other

charges other than charges for storage, cartage and similar services:



and) for objects, including cars, intended for official use

consular post



(b)) for articles intended for personal use by consular officials and

members of their families living with them in a common household,

including articles intended for their initial equipment. Consumer

needs may 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 in their boarding

to the Office.



3. Personal accompanied baggage consular officers and their family

members living with them common household shall be 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

disabled receiving State laws and regulations, 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 or his family

Member.



Article 27



Subject to the legislation of the receiving State on the areas in which

access is prohibited or regulated for reasons of national security, consular

officer or consular employee, as well as his family members

they are free to travel within the territory of the receiving State.



Article 28



1. Consular employees who are nationals of the receiving State or the

they are permanently settled in it, subject to the jurisdiction of the receiving State with

except when it comes to the performance of their functions, and do not benefit from nowhere

than the immunities referred to in article 19.



2. the provisions of this title with the exception of article 19 shall not apply to family

of the persons referred to in paragraph 1 of this article or the family

nationals of a member of the consular post, who are citizens of the receiving

the State or are permanently settled.



3. the receiving State must exercise its jurisdiction over persons

referred to in paragraph 1 and 2 of this article in such a way as to

unjustifiably restricts the exercise of consular functions.



TITLE IV



Consular functions



Article 29



Consular officers are entitled to:



and protect the rights and interests) of the sending State and of its citizens, including

legal persons, in the receiving State,



(b)) to support the development of trade, economic, cultural and

the scientific relations between the Contracting Parties and 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 30



1. the consular officer is entitled to exercise in the circuit in the consular

accordance with the legislation of the receiving State, the functions referred to in this

the Convention.



Consular officer may, with the consent of the receiving State to exercise

consular functions outside the consular district.



2. Consular officials may exercise their functions turn on:



and the relevant local authorities of his) the consular district



(b)) the competent central authorities of the receiving State, if it is allowed to

laws, rules and practices of the recipient State or international

agreements governing this question.



Article 31



1. In accordance with the laws and regulations of the receiving State has a consular

the official 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 the absence or from other

the reasons are not with it to defend its rights and interests in a timely manner. 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 person or his agent shall appoint themselves ensure the protection

their rights and interests.



Article 32



Consular officer shall be entitled to:



and) register nationals of the sending State,



(b)) receive the applications and declarations in matters of nationality State

nationals of the sending State and to issue the relevant documents,



(c)), issue, modify, cancel, withdraw, withhold, and travel

documents of the citizens of the sending State,



(d) issue and interfere with the appropriate) visas to persons who wish to travel to

of the sending State.



Article 33



1. In the range specified by the legislation of the sending State's consular

the official shall be entitled to:



and take birth and death) leaves the citizens of the sending State and to take

copies of these documents,



(b)) to conclude marriage and issue the relevant documents for the

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,



(c)), register of marriage or dissolution of marriage, on which the

According to the legislation of the receiving State has occurred, if at least one of the

the participants of the State national of the sending State,



(d)) receive the declarations relating to family relationships and the citizens of the sending

State.
2. This provision shall not relieve the person concerned applies, the obligation to submit

reporting of prescribed law of the receiving State.



3. the competent authorities of the receiving State shall, without delay and free of charge

sent to the consular office copies of and extracts from civil status documents

concerning citizens of the sending State and required to

administrative purposes.



Article 34



1. a consular officer is entitled to:



and the Declaration of the citizens) to receive the sending State and to certify them,



(b) to prepare, certify, and) take into custody of wills and other documents and

Declaration of the citizens of the sending State,



(c) to draw up a contract between) nationals of the sending State,

validate and save; This does not apply to contracts relating to the installation,

the transfer or cancellation of rights to real estate, which are situated on the territory of the

of the receiving State,



d) certify or authenticate the signatures of citizens of the sending State,



e) translate and authenticate all papers 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,



(f) carry out the functions of State notaries), on behalf of the sending State,



(g)) to verify the invoices and certificates of origin issued or certified

the competent authorities of the receiving State.



2. the documents and the documents referred to in paragraph 1, in the receiving State

the same force and probative power as certified or certified documents

the judicial authorities or other competent authorities of that State.



Article 35



Consular officers are entitled to receive from the citizens of the sending

State for safekeeping documents, money, valuables and other assets they

belonging.



These documents, money, valuables and assets can be exported from the

the receiving State only, in accordance with its legislation.



Article 36



Consular officer has the right to defend the interests of the nationals of the

of the sending State in the survivors ' matters, and in accordance with the

the legislation of the receiving State.



Article 37



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

State, it shall notify in writing the competent consular office.



2. the provisions of article 31 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 the capacity to act

capacity in full.



3. Consular officials may intervene with the competent authorities

of the receiving State in the appointment of Trustees or guardians in particular

submitting proposals on candidates for the performance of these functions, provided that the

to do so, the legislation authorizes the receiving State.



4. in the case where it is not ensured by minors or other asset management

persons not full legal capacity, the consular

the official appointment of administrator to take care of this property or ask the

the competent authorities of the receiving State to take the appropriate measures.



5. the consular officer may, in accordance with the legislation of the sending

of the State to take care of the minor citizen of this State, who lives on

the territory of the receiving State, if the State recognizes such jurisdiction.



Article 38



1. the consular officer has the right to maintain contact with the nationals of the

of the sending State, the visit is to provide them with assistance in contact with

the authorities of the receiving State in matters that are

discussed, and for this purpose they assist in ensuring legal

Representative, interpreter or other persons.



2. the receiving State shall not restrict the intercourse of nationals

of the sending State to the consular post and will not prevent their entry

in the consular area.



3. the competent authorities of the receiving State shall provide consular

official assistance in obtaining information regarding the State

nationals of the sending State in order to facilitate contact and meeting with him

them.



Article 39



1. the competent authorities of the receiving State shall, without delay, at the latest,

However, within ten days, inform the consular post of the sending State to

cases, when in his consular district is a citizen of the sending State

taken into custody or is his personal freedom of any other form of

limited. Each message the specified consular post by the person who is taken

into custody or whose personal freedom is limited, these must be

authorities also served within ten days.



These authorities must, without delay, inform the person concerned of the

its rights under this paragraph.



2. the consular officer has the right to visit a national of

of the sending State who is temporarily detained or serving

imprisonment or whose personal freedom was in some other way

limited, and come in contact with him. The visit will take place in the shortest possible

time, then, when it so requests. Revisiting are possible on the basis of the

request and at reasonable intervals.



3. The rights referred to in paragraph 1 of this article shall be exercised only in the

accordance with the laws and regulations of the receiving State, provided that the

However, these laws and regulations shall not invalidate the rights.



Article 40



1. the consular officer may in its consular assistance circuit

Marine and river ships flying the flag of the sending State,

passing through the territorial waters, calling at a port or other

places where they can anchor, or is there already. As soon as the input

the ship is enabled, consular officers may board these

ships and connect with the captain, the crew members and passengers, who are

nationals of the sending State.



2. The captain or any crew member can freely come on

the consular office, if this Office is located in the port, where the ship is moored.

If there is no consular office in the port, the connection is subject to the consent of the

the competent national authority.



Article 41



1. Without prejudice to the competence of the authorities of the receiving State may

consular officials to investigate all accidents that occurred in the course of the

cruise ship of the sending State, listen to the captain and each Member of the

the crew, authenticate, and receive boarding documents, receive

the statement about the way and the place of destination and, if it is a law

the sending State is enabled, the disputes of all kinds between the captain,

officers and sailors, to take the action to the adoption of the captain or the

any member of the crew to the hospital for treatment or to return to

country, to facilitate the arrival of the ship and stay in the port.



In the performance of these functions, the consular officials may request the authorities of the

of the receiving State for assistance.



2. 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 public health

order, and riot, involving persons who are not members of the

the crew.



Consular officer has the right, in accordance with the law

of the receiving State, accompanied by the captain or one of the members of the crew

ships of the sending State, if they are asked to appear before the Court

of the receiving State or before other authorities of the receiving State.



Article 42



1. 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. In an announcement made in this direction will be

given the exact term. Will not participate if the consular officials or their

representatives of the measures undertaken, these authorities may ask about the transmission of the

all the information about their progress.



This provision applies also in the case when the captain or any member of the

the crew has to be interrogated by the authorities of the receiving State.



2. In the case of urgent measures, or if the investigation

carried out at the request of the captain, must be a consular officer

informed in the course of the investigation, and that as soon as possible.



At the request of the consular officer in that case also trained

during the investigation, held in his absence.



Article 43



1. The provisions of articles 40, 41 and 42 cannot be used against the authorities of the

the receiving State when it comes to the application of the Customs legal

measures and regulations and quarantine measures and other control

measures relating to health care, port police,

security of goods and access to foreigners.



2. the provisions of the above articles shall not apply to warships.



Article 44



1. If the sending State the ship fails, gets stuck or is otherwise

damaged in the border zone of the receiving State, shall submit the relevant

the authorities of that State shall, without delay, report to the consular office and it

with measures taken or foreseen to rescue the passengers, the ship and the

cargo.



Consular officer can provide all the assistance the ship, crew members
and passengers and to take all measures to ensure the security of the cargo and to repair

the ship. You may also contact the authorities of the receiving State to request

such measures.



2. If the operator of a ship, the captain or any authorized person

It is not with it, to take the necessary measures to maintain and manage the boat or

its cargo, the consular officer may make on behalf of the operator

the ship measures in this direction could make a boat operator.



3. The provisions of paragraph 2 of this article shall also apply to any

the course, which includes citizens of the sending State and comes from the cargo ship

of the sending State or a third State, which has been found on the coast

or near the coast of the receiving State or transported to the port of

the consular district.



4. the competent authorities of the receiving State shall provide consular official

the necessary assistance in all the measures to be taken during the damage

the ship.



5. 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 45



The provisions of articles 40-44 of this Convention shall apply mutatis mutandis to aircraft

of the sending State.



Article 46



In addition to the functions specified in this Convention, consular officers may, if

is to empower the sending State, perform other consular functions,

than are those that are listed in the Convention, if they are not in breach of

the law of the receiving State.



Article 47



Consular office may collect for consular operations in the territory of the receiving

State fees and benefits laid down by the laws and regulations of the sending State.



THE HEAD OF THE



Final provisions



Article 48



1. Without prejudice to their privileges and immunities, all persons enjoying

such privileges and immunities as regards laws and regulations of the receiving State,

including the traffic regulations and rules on the insurance of motor vehicles

are also required to interfere in the internal affairs of that State.



2. Consular room will not be used in a manner that would be in the

inconsistent with the exercise of consular functions.



Article 49



1. the provisions of this Convention shall apply, if the context allows,

also for the performance of consular functions being carried out by diplomatic

the missions.



2. The names of members of a diplomatic mission responsible for the work in the consular

the Department or otherwise responsible for the performance of consular functions, missions are

be notified in writing to the Ministry of Foreign Affairs of the receiving State.



3. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2

This article is still being edited rules of international law on the

diplomatic relations.



Article 50



Consular post of the sending State may, after appropriate awareness

the beneficiary State to carry out, if the receiving State raises no objection,

the consular functions in the receiving State by a third State.



Article 51



This Convention is subject to ratification. The exchange of instruments of ratification will be

performed in Prague.



Article 52



This Convention shall enter into force on the thirtieth day after the date of the exchange of

instruments of ratification and shall remain in force until it is one of the high

of the Contracting Parties denounces it six months ' notice.



On the evidence of agents of High Contracting Parties to this Convention signed

and it seals.



Given in Damascus, June 23. May 1979 in two original copies,

each in the Czech language, Arabic, and French. In case of differences

interpretation between the Czech and the wording of the text of the Arab will be crucial

the French.



For the Czechoslovak Socialist Republic:



Ing. Bohuslav Chňoupek v.r.



For the Syrian Arab Republic:



Abdul Halím Chaddám v.r.