74/1979 Sb.
DECREE
Minister of Foreign Affairs
of 31 March 2004. March 1979
a Consular Convention between the Czechoslovak Socialist Republic and the
The Republic of Cyprus
On 12 June 2006. May 1976 in Prague signed a consular Convention between
The Czechoslovak Socialist Republic and the Republic of Cyprus.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the President of the Republic has ratified it.
The instruments of ratification were exchanged in Nikózii on 27. July 12, 1978.
According to article 42 paragraph 1, the Convention entered into force on 27 August.
July 12, 1978.
Czech translation of the text of the Convention shall be published at the same time.
First Deputy:
Ing. Book v.r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Republic of Cyprus
The President of the Czechoslovak Socialist Republic
and
the President of the Republic of Cyprus,
Desiring to modify the consular relations between the two countries so as to facilitate
protection of the interests of both States and the protection of the interests and rights of their citizens,
have decided to conclude this Convention and appointed a consular for this purpose
its agents
the President of the Czechoslovak Socialist Republic
Bohuslav Chnoupek,
Minister of Foreign Affairs,
the President of the Republic of Cyprus
Ioannis Christophidese, Cl.
Minister of Foreign Affairs,
who exchanged their full powers, found in good and due form,
and agreed on the following provisions:
PART I
The definition of the
Article 1
For the purposes of this Convention the following expressions have the following meanings:
a) "consular post" is a Consulate General, Consulate, vicekonzulát or
Consular Agency;
(b)) "Consular circuit" is the territory of the specified consular post for the performance
consular functions;
(c)) "head of consular post" means the person in charge of the sending State,
to carry out the duties associated with this feature;
(d)) "consular officer" means a person, including the head of consular post
responsible for the performance of consular functions;
e) "Consular employee" is any person employed in the
administrative, technical, or home of the consular services
the Office;
f) "members of the consular post" are consular officers and consular
employees;
g) "Consular rooms" are the buildings or parts of buildings and lands to them
belonging to, used exclusively for the purposes of the consular post, regardless of
on who owns them;
h) "Consular archives" includes all documents, documents,
correspondence, books, movies, recording tapes and registers of the consular
the Office, together with the ciphers and codes, filing cabinets and any device,
designed to protect and save;
I) "the ship of the sending State" is a vessel flying the flag of
of the sending State;
j) "family members" are the spouse, children and parents of the Member of the consular
the Office who are residing with him in the same household.
PART II
The establishment of consular posts and the appointment of consular officials and
consular personnel
Article 2
1. Consular Office may be established in the territory of the receiving State only with the
his consent.
2. the registered office of the consular post and consular circuit shall be determined by agreement between the
the sending State and the receiving State.
Article 3
1. The sending State shall request in advance through diplomatic channels about the consent
of the receiving State with the appointment of the head of the consular office.
2. After the receipt of such consent, the diplomatic mission of the sending shall transmit to the
the State Ministry of Foreign Affairs of the receiving State konzulský
patent or other documents of appointment. In the konzulském of the patent or other
the document on the appointment will be referred to the full name of the head of the consular
the Office, his country of citizenship, his class, seat of the consular post, and
consular district.
3. After the transfer of a patent or another document konzulského concerning the appointment of
the head of the consular office of the receiving State in the shortest possible time
exequatur or other permission shall be granted.
4. the head of consular post may take the performance of their duties after
presentation of the konzulského patent or another document on the appointment and after
the granting of exequatur or other receiving State permission.
5. immediately after the issuance exequatur or other permission issued in accordance with
This article, the competent authorities of the receiving State shall take all
the necessary measures to ensure that the head of the consular post may take
its functions and to be able to enjoy the rights, benefits, privileges and immunities of the
This Convention and the law of the receiving State.
Article 4
The receiving State may provide to the head of consular post
provisional permission to exercise consular functions in the meantime, before his
exequatur or other permission shall be granted.
Article 5
The consular officer can only be a citizen of the sending State.
Article 6
1. The sending State to the receiving State shall notify, in writing, full of
the name, citizenship, character and class of each consular officer
appointed to the post.
2. The sending State shall notify, in writing, also the beneficiary State
the full name, citizenship, and the function of the consular staff appointed for a
consular post.
Article 7
1. The sending State may, in accordance with article 6(1). 3, 5 and 6, instruct one or
more members of its diplomatic mission in the receiving State, the exercise of
consular functions. A member of the diplomatic mission, entrusted to
consular functions, will continue to enjoy the privileges and immunities, which
It belongs as a member of a diplomatic mission.
2. The sending State may at the time of its diplomatic mission to establish consular
the Department responsible for the exercise of consular functions.
Article 8
The beneficiary State shall issue to each consular official document,
certifying his or her right to exercise consular functions in the territory of
of the receiving State.
Article 9
The receiving State will provide consular protection officer and shall take
all necessary measures to prevent any attack against the
his person, freedom and dignity and also shall take all necessary
measures to enable it to carry out its functions and undisturbed to ingested
rights, benefits, privileges and immunities belonging to it under this Convention.
Article 10
1. where the head of the consular office cannot, for some reason
carry out its functions, or if the post of head of consular post
is temporarily uprázdněno, the sending State may entrust a
the consular officer of the consular post or of another
consular post of the sending State in the receiving State or of a Member
of the diplomatic staff of its diplomatic missions in this State by the temporary
the leadership of the consular office. The full name of this person will be notified in advance
in writing to the Ministry of Foreign Affairs of the receiving State.
2. the person in charge of the temporary leadership of the consular post shall have the right
to perform all the functions of consular office and enjoy all of the rights,
benefits, privileges and immunities as the head of the consular post, appointed by
article. 3.
3. a member of the diplomatic staff of diplomatic missions, accredited by the temporary
the leadership of the consular post, still enjoys the privileges and immunities,
arising from its diplomatic status.
Article 11
1. the receiving State may at any time without reasons for their decision,
notify the sending State through the diplomatic channel that the consular officer
is undesirable.
The sending State shall in such a case, the person concerned revoke.
2. If the sending State within a reasonable period fails to meet its commitment to
According to paragraph 2(a). 1, the receiving State may refuse to recognise this person for
a member of the consular post.
Article 12
1. The sending State may, in accordance with the legislation of the receiving
the State acquire the ownership, lease or use in any other
the form specified by the legislation of the land, buildings or parts of
buildings for the needs of the consular post or for accommodation of members
consular post who are nationals of the sending State.
2. the receiving State shall provide the sending State in obtaining land and
buildings or parts of buildings for the purposes referred to in paragraph 1(b). 1 all 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.
PART III
Privileges and immunities
Article 13
1. On the building, which is located on the consular authority and the headquarters of the head of
the consular office may be located together with the character of the sending State
by marking a consular office in the language of the sending and the receiving
State.
2. the sending State Flag can be hoisted on the building in which it is
located on the consular authority and the headquarters of the head of the consular post and the
the means of transport used for official purposes.
Article 14
Consular premises are inviolable. The authorities of the receiving State to
them, as well as to the headquarters of the head of the consular office and dwelling
consular officers and consular employees who are not
citizens of the receiving State, or do not have permanent residence, they cannot
to enter without the permission of the head of the consular post or of the head of
the diplomatic mission or the persons empowered to one of them.
Article 15
The consular archives are always and everywhere be inviolable.
Article 16
1. Consular Office has the right to join his Government, with diplomatic
missions of the sending State and with the consular authorities of the sending State,
wherever they are found. Consular office can use to do this all
appropriate means of communication, including diplomatic or
consular couriers, diplomatic and consular baggage and
encoded or encrypted messages. Radio radio station can
set up only with the consent of the receiving State.
2. When you use public means of communication will apply to
consular post of the same conditions as for the diplomatic mission.
3. The official correspondence of consular post and courier shipments and
luggage, provided that they bear a clearly visible outer
marking its official nature, inviolable and cannot be opened
or detained. May contain only official correspondence and articles
intended for official needs.
4. the Consular courier shall be provided with an official Charter to indicate its
the position and the number of packages constituting the consular bag. Consular
the courier shall enjoy the same rights, advantages and immunities as diplomatic courier
of the sending State.
5. the Consular bag may also be entrusted to the captain of the ship or
civil aircraft of the sending State. The captain must be equipped with the official
the Charter of indicating the number of shipments comprising the consular bag,
He was given, however, will not be treated as a consular courier. After
consultation with the competent authorities of the receiving State, the consular
the authority shall appoint one of its members, that the baggage referred to directly, and
Wild took over from captain of the ship or aircraft, or is transmitted.
Article 17
1. Consular officers and their family members who are not
citizens of the receiving State, or do not have permanent residence,
are not subject to criminal, civil and administrative jurisdiction of the receiving
State.
2. Consular employees and their family members who are not
citizens of the receiving State, or do not have permanent residence,
are not subject to the criminal jurisdiction of the receiving State. The civil and
the administrative jurisdiction of the receiving State shall not be subject, with regard to the performance of the
their official functions.
3. the provisions of paragraph 1. 1 and 2 shall not apply to civil proceedings:
and) arising from contracts that consular officer or employee
has not concluded on behalf of the sending State;
(b)) relating to inheritance, where a consular officer or consular
an employee is not acting for the sending State, but as a private person;
(c)) relating to liability for damage caused in the receiving State
means of transport;
(d)) relating to any private or business activity
consular officials or other servants shall be exercised in the receiving State, in addition to
of their official functions.
4. The sending State may waive the immunities referred to in this article.
Such a waiver must be explicit and must be to the beneficiary State
communicated in writing.
5. Waiver of immunity from jurisdiction in matters of civil or
It does not include a waiver of exemption of the administrative from the jurisdiction, as regards
enforcement enforcement of the judgment; This immunity is necessary to give up separately.
Article 18
1. members of the consular post may be asked to testify in
judicial or administrative proceedings. If the consular officer refuses to submit
the testimony cannot be used against him an enforcement measure.
Consular staff can not refuse to give evidence with
except in the cases referred to in paragraph 1. 3.
2. the relevant provisions of paragraph 1. 1 relating to consular officials and
consular personnel also apply to their family
members.
3. members of the consular post may refuse to give evidence, as far as
about the performance of their official functions, and may refuse to provide official
documents and official correspondence. They may also refuse to give
testimony from law of the sending State, its interpretation and application.
4. the authorities of the receiving State, which require testimony from consular
officials or from the consular staff will proceed to
nevměšovaly to the performance of consular functions, and this performance
do not disrupt. If possible, can take evidence on the
consular post or in the homes of the consular officer or employee
or it can accept in writing.
Article 19
Members of the consular post and their family members who are not
citizens of the receiving State, or do not have permanent residence, are in
the receiving State, be exempt from public services and obligations of all
kind.
Article 20
Members of the consular post and their family members are exempt from the
of all the obligations laid down by the legislation of the receiving State,
as regards the registration of foreigners, residence permits and other regulations
concerning residence of aliens.
Article 21
1. The sending State in the receiving State shall be exempt from all taxes,
levies and charges:
and) on land, buildings and parts of buildings used for consular purposes
or as the dwelling of the members of the consular post, if they are owned by the
of the sending State or if they are najaty on its behalf;
(b)) from contracts and documents that relate to the acquisition of immovable property referred to in
paragraph. 1 a);
(c) the performance of consular functions), including the collection of consular fees.
2. The sending State in the receiving State is also exempt from all
taxes, levies and charges from the movable property that is owned
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 fees and
benefits for services rendered.
Article 22
Members of the consular post and members of their families, if they are not
members of the receiving State, or do not have permanent residence, are in
the receiving State, be exempt from the tax and benefit from their official
income.
Article 23
1. members of the consular post and members of their families, if
they are not citizens of the beneficiary country, or do not have permanent residence,
they are in the receiving State, be exempt from all national, regional
and local taxes and fees, including taxes, fees and charges of the movable property,
which are the owners.
2. the relief referred to in paragraph 1. 1 do not apply to:
and indirect taxes) that are normally incorporated in the price of the goods or
the services;
b) duties and taxes from the private immovable property situated in the
the territory of the receiving State, unless exempted in accordance with article 21;
(c)) of the estate tax and fees or taxes and fees from the transfer of assets,
levied by the receiving State;
d) taxes and charges from private income, whose resources are in
the receiving State;
(e)), the Court, registration, mortgage, documentary and stamp fees if
the exemption is not granted in accordance with article 21;
f) fees charged for the services actually proven.
Article 24
Movable property left on the territory of the receiving State, a member of the
consular post or his family member, if you are not a citizen of the
of the receiving State or does not have a permanent residence in that State, which
He died, will be exempt from all inheritance taxes and fees or taxes, and
fees from the transfer of assets, if such property is located on the territory of the
the beneficiary State solely in connection with the stay of the deceased as
a member of the consular post or of his family living with him
in a common household.
Article 25
1. all items including motor vehicles, which are imported for
the need for consular post are in accordance with the legislation of
the receiving State shall be exempt from all customs duties and charges,
levied on the basis of imports or in connection with importation as well as the
items imported for use by the diplomatic mission.
2. Consular officers and their family members, if they are not
the citizens of the State addressed or they do not reside in it, are
be exempt from all customs duties and charges levied on imports of all
articles intended for their personal use, including articles intended
for their initial device. Consular employees shall enjoy the
exemption under this paragraph, only in respect of articles imported at the
the time of their first arrival at the consular post.
3. Articles intended for personal use shall not exceed the amount necessary to
for the direct need for competent persons.
4. The personal baggage of consular officers and their family
Members, if they are not nationals of the receiving State, or do not have the
permanent place of residence, shall be exempt from Customs examination. Can be
inspected only in cases where there are serious grounds to believe that
they contain objects other than as referred to in paragraph 1. 2, or items whose
export or import is prohibited by the legislation of the receiving State or the
subject to its legislation on the sandbox. Such
inspection must be carried out in the presence of the consular officer
or a member of his family or his representative.
Article 26
All persons enjoying benefits under the Convention of privileges and immunities,
shall, without prejudice to these advantages, privileges and immunities,
follow the law of the receiving State, including transport
regulations and of rules on motor vehicle insurance.
Article 27
Subject to the legislation of the receiving State on the areas in which
access is disabled or modified for reasons of State security, consular
an official or consular employee, as well as his family members
they are free to travel within the territory of the receiving State. The provisions of this
Article shall not concern the conditions for the issue of visas or other travel
documents referred to in the legislation of the receiving State.
PART IV
Consular functions
Article 28
1. a consular officer is entitled, in accordance with the laws
regulations of the receiving State, the functions listed in this section. Other
consular functions may be exercised only if it is not in conflict with
the legislation of the receiving State.
2. the consular officer has the right to represent in the consular circuit in
accordance with the legislation of the receiving State the rights and interests of the
the sending State and of its nationals, both natural and
and legal entities.
3. the consular officer may, in the exercise of consular functions to turn
directly, in writing, orally to the appropriate local authorities of the consular district and
in so far as permitted by the laws and practices of the receiving
State, even to the central competent authorities of the receiving State.
4. the consular officer may, with the consent of the receiving State to exercise its
consular functions and outside the consular district.
Article 29
Consular officer contributes to the development of economic, trade,
cultural and scientific relations between the two countries, as well as to the strengthening of
their rapprochement.
Article 30
Consular officer is in the circuit to the consular shall be entitled to:
and citizens of the sending State) register;
(b)) receive the applications and declarations in matters of citizenship of the citizens of
the sending State and to issue the relevant documents;
(c)) in accordance with the legislation of the sending State to receive a statement
on the conclusion of the marriage, provided that both persons are citizens
of the sending State;
(d)), in accordance with the legislation of the sending State to receive a statement
concerning the family circumstances of the citizens of the sending State;
e) to register the birth and death of the citizens of the sending State;
(f) compile, verify) confirm and legalise documents and instruments,
as well as perform other tasks that are necessary for their entry into force,
at the request of a citizen of the sending State for their use outside the territory of
of the receiving State, and at the request of any person, if this
the Charter or document is intended for use in the receiving State, for the
provided that this does not conflict with the legislation of that State;
(g)) of the Charter and translate documents and verify the accuracy of the translation, as well as
to verify the documents.
2. If required by the legislation of the receiving State, consular
the Clerk shall inform the competent authorities of that State on the implementation of operations
referred to in paragraph 1 point (c)), and (e)).
Article 31
Of the Charter and the documents, drawn up, translated or certified by the consular
officer in accordance with article 6(1). 29 in the receiving State, shall have the same legal
the efficacy and probative force as documents drawn up, translated or certified
the competent authorities of the receiving State, provided that they have been
drawn up in a way that is not in conflict with the law
of the receiving State.
Article 32
1. a consular officer is entitled to in accordance with the legislation of
of the sending State to issue, renew, amend, cancel, withdraw, and
hold the travel documents of citizens of the sending State.
2. Is entitled to issue and cancel the appropriate visas to persons who wish to
travel to the sending State.
Article 33
Consular officer may, in accordance with the legislation of the sending
of the State to take care of a minor citizen of his State, who lives on
the territory of the receiving State, if the State recognizes such jurisdiction.
Article 34
1. the competent authorities of the receiving State shall immediately inform the
the consular officer about the death of a citizen of the sending State in the territory of
of the receiving State.
2. the competent authorities of the receiving State shall also inform the
the consular official, if you become aware of heritage after the citizens of the
the sending State or if you become aware of the legacy of deceased
in this State, without regard to the citizenship, which may relate to
a citizen of the sending State.
3. the competent authorities of the receiving State shall, in the cases referred to in paragraph 1. 2
and assuming that the heritage is situated on its territory, the necessary
measures, in accordance with its laws and regulations to ensure this heritage
consular officer and deliver a copy of the will, if it was taken,
as well as any available information about the content and value of the dědice,
heritage and inform it about the term initiation of heritage.
4. a consular officer is entitled to in accordance with the legislation of
of the receiving State to represent, either directly or through a representative
the interests of the citizen of the sending State who is entitled to inheritance located
in the receiving State, and that does not have a permanent residence in that State.
5. the consular officer is entitled to receive for a citizen of the sending
a State that does not have a permanent resident in the receiving State, money or
Another thing that this citizen belongs by virtue of succession after any
person, including payments by way of compensation, pension and social
Security and income from insurance policies.
6. Movable property and monetary amounts resulting from the liquidation of succession
belonging to citizens of the sending State may be forwarded to the consular
an official, provided that the claims of the creditors of the deceased were
satisfied or secured, and that the taxes and fees have been paid, for
the heritage.
7. the consular officer shall be entitled to cooperate with the competent authorities of the
of the receiving State in ensuring the succession under this article.
Article 35
1. the consular officer has the right in accordance with the legislation of
of the receiving State to represent the sending citizens in consular circuit
State before the authorities of the receiving State, if they cannot because of
the absence or other serious reasons to exercise their rights in a timely manner, and
interests. Representation takes so long as the representation does not appoint its
agent or in default serve his own rights and interests.
2. the consular officer has the right to bind the circumference in the consular and maintain
come into contact with every citizen of the sending State, advise and provide
all the help and, if necessary, take measures to ensure legal
assistance. The receiving State will not in any way restrict the right of citizen
of the sending State to communicate with the consular office or consular post
visit.
Article 36
1. the competent authorities of the receiving State shall, without delay, inform the consular
an official in all cases where a citizen of the sending State was
in any way deprived of his personal freedom, or if it was his personal
freedom restricted in any way.
2. the consular officer has the right to visit the citizen as soon as possible
of the sending State who has been deprived of his liberty or whose personal
freedom was limited, and to maintain contact with him. The competent authorities of
the receiving State shall also forward without undue delay, at the consular
each written communication from an official citizen of the sending State which
He was deprived of his liberty or whose personal freedom has been restricted in any way.
3. the consular officer, at his request will be promptly informed about the
the reasons for deprivation or restriction of personal freedom of a citizen of the sending State.
4. the rights of the consular officer. 2 and 3 will be provided in the
accordance with the legislation of the receiving State, provided that these
the legislation does not invalidate such rights.
Article 37
1. the consular officer is authorized to provide the consular circuit
all the help of the ship of the sending State, which is located in ports,
coastal or inland waters of the State addressed, as well as its
the crew and passengers.
2. the consular officer may exercise their functions in matters of
relating to the ship of the sending State, its crew and passengers
trend of requests for assistance to the competent authorities of the receiving State.
3. Consular officials may come aboard the ship as soon as the ship is
allowed free intercourse with the coast. Crew members can immediately establish
with the consular officer of the connection.
4. the consular officer has the right to consular circuit:
and) without prejudice to the rights of the authorities of the receiving State to investigate all
the events on board the ship, to hear the crew members, check the shipping
documents, accept the statement about the path and destination of the ship, as well as in General
to facilitate the entry, exit or stay of the ship in port;
(b)), without prejudice to the rights of the authorities of the receiving State to settle disputes between
the captain and crew members, including disputes concerning wages and working
the Treaty, if it is in accordance with the legislation of the sending State;
(c)) to make arrangements for medical treatment of the crew member or passenger
or to return to the sending State;
(d)), to post or receive to verify the statement and documents
required by the legislation of the sending State in relation to the ship.
Article 38
1. when the competent authorities intend to the receiving State to perform on board
the ship of the sending State coercive measures or make investigations,
is required by the competent authorities of the receiving State
inform the consular official. With the exception of the fact that it
does not allow the urgency of the matter, the notification will be made so that the
consular officer or his representative could be the implementation of the Act
present. If the consular officer was not present or represented,
He shall transmit to the competent authorities of the receiving State the full information about the
events.
2. The provisions of paragraph 1 shall apply even if crew members
are to be heard by the local authorities on the Mainland.
The provisions of this article shall not apply when the normal customs, immigration or
a health inspection, as well as in all other operations performed on
the request or with the consent of the captain of the ship.
Article 39
1. If the boat is shipwrecked of the sending State, if aground or ashore
or will suffer another disaster in the receiving State, or if any
subject, belonging to a cargo ship of the sending, receiving
or of a third State, which is the property of a citizen of the sending State,
found on the coast or in the internal or territorial waters
of the receiving State as a subject of the stranded ashore, or is brought to
a port of that State shall inform the authorities of the receiving State as soon as
the consular official. The consular officer shall inform about the measures
taken to rescue people and ships, cargo and other goods, as well as
parts of the ship, and part of the cargo, which broke away from the ship.
2. Consular officials may such a ship, its passengers and the members of the
the crew to provide any assistance. For this purpose, you may contact
the competent authorities of the receiving State. Consular officer may make a
measures resulting from paragraph 1, including measures to repair
ship or may ask the competent authorities of the receiving State, such
the measures have made or continued.
3. If the crashed ship or object belonging to such ships were
found on the coast or near the coast of the State addressed, or
transported to the port of that State and not even the captain of the ship, or owner,
his representative or a competent insurer cannot take action to
collateral or to the management of such ships, or with such a subject, is
consular officer is empowered to take measures on behalf of the owner of the ship, which
He could make the owner himself.
The provisions of this paragraph are relevant to each subject that is part
the ship's cargo and the property of a citizen of the sending State.
4. If the subject which belongs to the cargo ship to a third country, and
is the property of a citizen of the sending State, found on the coast or in the
close to the shore of the receiving State and the owner of the subject, his
representative or insurer cannot take measures to ensure or to
dealing with such a subject, then that is the consular officer is empowered to
on behalf of the owner made such measures for this purpose could
make the owner himself.
Article 40
Article. 37, 38 and 39 shall apply mutatis mutandis to aircraft.
Article 41
Consular post shall be entitled to collect on the territory of the receiving State benefits
and fees for consular acts, in accordance with the legislation of
of the sending State.
PART V
Final provisions
Article 42
1. this Convention is subject to ratification and shall enter into force on the date of the exchange of
instruments of ratification, which will be made in Nikózii.
2. this Convention shall remain in force until the expiry of six months from the date of
When one of the High Contracting Parties shall communicate to the other high contracting party
in writing the termination of the Convention.
On the evidence of the agent of both high contracting parties to this Convention
signed and seals.
Done at Prague on 12. 5.1976 in duplicate in the English language.
On behalf of the President of the Czechoslovak Socialist Republic:
Bohuslav Chňoupek v.r.
On behalf of the President of the Republic of Cyprus:
Ioannis Cl. the PP Christophides
