Law on consular officers, their tasks and powers (consular law)

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ConsG

Date of completion: 11.09.1974

Full quote:

" Consular Law of 11 September 1974 (BGBl. I p. 2317), most recently by Article 2 of the Law of 29 June 2015 (BGBl. 1042).

Status:

Last amended by Art. 2 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 15.12.1974 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Section 1
General provisions

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§ 1 The consular tasks in general

The consular officers (professional consular officers or honorary consular officers) are appointed

-in cooperation between the Federal Republic of Germany 
 Germany and the receiving State, including the 
 Areas of external economic and development policy 
 Relations, transport, culture and the administration of justice 
 participate, 
-German as well as domestic legal persons after 
 -to provide advice and assistance at the discretion of the person.   

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§ 2 Transmitted Consular Tasks

Consular officers shall be appointed to carry out the duties and powers conferred upon them by this law or by other laws, regulations and administrative provisions, in particular in the following areas:

-	nationality matters,
-	Passport and visual inspection matters,
-	Civil status matters,
-	participation in the execution of family matters, matters of voluntary jurisdiction and in the case of succession matters,
-	Assessments, legalization of foreign and authenticity certificates of domestic public documents,
-	shipping matters and maritime affairs,
-	-completion or transmission of requests for legal assistance;
-	Deliveries,
-	Monitoring compliance with contracts.

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§ 3 Perception of consular duties

(1) General legislation shall apply to the exercise of consular duties in so far as this law does not contain any special provisions. (2) In the performance of their duties, consular officers shall have the prestige and interests of the (3) Professional consular officers may-as far as is necessary-in the performance of their duties in legal matters of the Council and the assistance of a professional consulate in the receiving State. Serve the lawyer of her trust. Unofficial table of contents

§ 4 Barriers to consular activity

In their duties, consular officers shall have to take account of the barriers arising from the law applicable in their consular district. In particular, they have the Vienna Convention of 24 April 1963 on Consular Relations (Bundesgesetzbl. 1585) and other contracts in so far as these are in force between the Federal Republic of Germany and the receiving State.

Section 2
Individual consular tasks and powers

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§ 5 Assistance to individual

(1) The consular officers shall provide the necessary assistance to Germans who are in need of assistance in their consular district, if the emergency situation cannot be remedied in another way. This does not apply to Germans who have their habitual residence in a foreign country, if at the same time they are nationals of that State and also their father or mother has or has possessed them, and for their However, the consular officers may provide assistance to these persons, insofar as it corresponds in individual cases to the equity. (2) Insofar as it corresponds to the equity in individual cases, the consular officers can also provide assistance to non-German Members of the family of Germans, if they are living with them in the household community, or (3) Art, form and measure of the assistance depend on the special circumstances in the receiving State, taking into account the necessary living needs of a German living there. The aid may also exist in the granting of legal protection. (4) If it is advisable, the consular officers can also provide the assistance by travelling to the place of habitual residence or to another place of residence. (5) The recipient shall be obliged to replace the outlays. In addition to him, his/her relatives and spouse shall be subject to the obligation to replace them in the context of their maintenance obligations. The obligation to replace goes on to the heirs. The liability of the heirs is limited to the remission. (6) The plight of an aid recipient who has his habitual residence abroad or who is in custody abroad or is serving a custodial sentence, lasts longer than two months, from the entry of the need for assistance in accordance with the Twelfth Book of the Social Code or in the appropriate application of this Act. Paragraph 4 shall remain unaffected. (7) The provision of assistance may be refused if it is established that the end of the aid has abused previous aid, unless, in the event of refusal, he or she has suffered a serious disadvantage in terms of limb, life or health Would. Unofficial table of contents

Section 6 Help in the event of a disaster

(1) In the case of natural disasters, military or revolutionary developments or similar events which cause or threaten to cause harm to the population or parts of the consular district, the consular officers shall be responsible for: shall take the necessary measures to provide assistance and protection to the victims or to the threatened persons, insofar as they are German. This also applies to descendants of Germans and to non-German family members of Germans, if they have been living with these in the household community or have lived for a longer period of time. (2) § 5 (5) applies accordingly. To the extent that the development of the situation in the consular district, the personal circumstances of the auxiliary or the need for protection or other special circumstances require it, it is possible to discontinue the assertion of the claims on the delivery rate. (3) In order to be in the in the cases referred to in paragraph 1, the consular officers shall draw up and keep up to date a list of the Germans and other protective orders established in their consular district, as well as their family members. Unofficial table of contents

Section 7 Help for prisoners

In their consular district, the consular officers are to look after German investigators and prisoners at their request and, in particular, to provide them with legal protection. Unofficial table of contents

§ 8 Request for a certification of the birth or death of a German

The consular officers are entitled to receive applications for the birth or death of a German if the case of civil status has occurred abroad. The application is to be sent with the documents submitted to the registry office responsible pursuant to section 36 (2) of the Personal Status Act. Unofficial table of contents

Section 9 Transfer of deceased and repatriation

(1) Unless other possibilities exist, the consular officers shall immediately notify the relatives of the Germans who have died in the consular district and participate in the requested transfer of the deceased. (2) The consular officers are called to accept the rebates of Germans in their consular district if the heirs are unknown or absent or, for other reasons, there is a need for an official intervention. They may, in particular, apply seals, record a list of goods, and, in so far as the circumstances so require, take up or sell movable items of the estate in custody. They may also accept payments from debtor debtors and use funds from the remission to regulate fixed estate liabilities and obligations which have arisen in the care of the estate. (3) Can heirs or any other person entitled to be determined, may or may not be made available to the court of the last habitual residence of the deceased in the territory of the country or-if such a habitual residence is not -to the district court of Schöneberg in Berlin to be handed over as a court of law . Unofficial table of contents

§ 10 Assessments in general

(1) The consular officers shall be empowered to record, in particular, the facts and operations which they have exercised in the performance of their duties, in particular:

1.

to take out declarations of intent and insurance against the oath, rather than to give a certificate of leave,

2.

To issue signature, hand signs and copies to be certified or other simple certificates (e.g. certificates of life).

(2) The documents received by a consular officer shall be the same as that recorded by a national notary. (3) The provisions of the Judgment Act of 28 August 1969 (Federal Law Gazette) shall apply to the procedure in the course of the assessment. 1513) with the following exceptions:

1.

On request, certificates can also be established in a language other than the German language.

2.

Interpreters do not need to be sworn in.

3.

The copy of a non-certified copy shall not be certified.

4.

The original copy of a transcript shall be handed over to the parties, if not one of them requires official safekeeping. In this case, the Urschrift is to be sent to the district court of Schöneberg in Berlin for the official custody. If one of the parties has been subjected to enforcement, the original copy of the minutes shall be handed out to the creditor if the parties concerned have not taken any other provision and none of them are official. Custody requested.

5.

As long as the original document has not been handed out or sent to the Local Court, consular officers shall be empowered to issue copies of the documents. Enforceable copies may only be issued by the District Court, which shall keep the original.

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Section 11 Special features for the disposal of death

(1) The consular officers shall only assess the wills and contracts of succession if the deceased are German. § § 2232, 2233 and 2276 of the Civil Code are to be applied accordingly. (2) For special official custody (§ § 34, 34a of the Law on Judgments, Section 342 (1) No. 1 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction) is the district court of Schöneberg in Berlin. The deceased may at any time request the custody of another district court. (3) The deceased will die before the will or the contract of inheritance has been sent to the district court, or shall be made available after the death of the deceased at the time of the death of the deceased. Consular officers shall be able to make the opening. § 348 (1) and (2) as well as § § 349 and 350 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall be applied accordingly. Unofficial table of contents

Section 12 Reception of declarations

Consular officials shall be empowered to:

1.

to receive dismissals,

2.

Take the form of an insurance company in lieu of a certificate of succession, a European Certificate of Succession, a certificate of wills or a certificate on the continuation of the Community of the goods,

3.

If the oath is required under the law of a foreign country or under the provisions of a foreign authority or otherwise for the exercise of rights abroad, a German shall take the oath at its request.

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§ 13 Legalization of foreign public documents

(1) The consular officers are empowered to legalize the public documents issued in their district. (2) The legalisation confirms the authenticity of the signature, the property in which the signatory of the document has acted, and if necessary, the authenticity of the seal with which the document is provided (legalisation in the narrower sense). (3) The legalisation is carried out by a note to be placed on the document. The endorsement shall contain the name and the official or service name of the signatory of the document. It shall indicate the place and the date of its exhibition and shall be marked with a signature and a mark of imprint or colour. (4) On request, if there is no doubt about the legal situation, it shall also be confirmed in the note that the exhibitor shall be entitled to (5) Documents issued in accordance with the provisions of two or more international agreements of international law, the document must be published in accordance with the laws of the place of the exhibition (legalisation in the broader sense). the legalisation is not to be legalized. Unofficial table of contents

§ 14 Confirmation of the authenticity of domestic public documents

(1) The consular officers shall be empowered to certify the authenticity of the public documents issued in their consular district for use in their consular district. (2) The confirmation shall only be given if the consular officer has no doubt as to the authenticity. It may normally proceed from authenticity if the document has been forwarded to it from the place which it has received. Unofficial table of contents

§ 15 interrogations and hearings

(1) The consular officers are called to carry out interrogations at the request of German courts and authorities. (2) Requests for interrogations, which are intended to replace a judicial hearing, can only be made by a court or by a public authority, which can be asked for judicial interrogations domestily. If a request is made for a hearing, the consular officer shall be empowered to accept the oath. (3) The German procedural rules applicable to the respective interrogation shall apply in accordance with the relevant provisions. Interpreters do not need to be sworn in. The protocol may also be carried out by the receiving consular officer. The consular officer shall not be allowed to apply any compulsive means. (4) The interrogations and the insults and the minutes recorded on them shall be in the form of interrogations and insults, as well as the recorded copies of domestic courts, and (5) The rules on interrogations shall apply accordingly to hearings. Unofficial table of contents

§ 16 deliveries

Consular officers shall be called upon request by German courts and authorities to deliver documents of any kind to persons residing in their consular district. A written certificate must be issued and sent to the requesting body via the delivery. Unofficial table of contents

Section 17 Reception of consents

The consular officers shall be empowered to include consents.

Section 3
The professional consular officers

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Section 18 The circle of professional consular officers

(1) Professional consular officers within the meaning of this Act are the representatives of the diplomatic or professional consular offices of the Federal Republic of Germany abroad with the exercise of consular functions within the meaning of § § 1 and 2 Persons. (2) The condition for the award of the contract is that the person to be charged has successfully completed the career examination for the higher or higher external service or otherwise because of his training and his professional career. Experience of the necessary skills for the proper execution of the (3) Professional consular officers are also servants within the meaning of paragraphs 1 and 2, who, without being honorary consular officers, are assigned to an honorary consular officer by the Federal Foreign Office for the purpose of exercising consular duties. Unofficial table of contents

§ 19 Requirements of special authorisation

(1) Professional consular officers who have the competence to judge are easily empowered to carry out all consular duties. (2) Other professional consular officers shall only be entitled to:

1.

Declarations of wills and oath-of-the-law insurance

2.

Dismissals and

3.

Insurance on oath instead of taking away,

if they are particularly empowered to do so by the Federal Foreign Office. You can only then

1.

interrogations and hearings intended to replace a judicial hearing,

2.

Record and include

3.

Take away the oath,

if they are particularly empowered to do so by the Federal Foreign Office. (3) The authorization referred to in the second sentence of paragraph 2 can only be granted to professional consular officers of the higher external service. It shall require, in the same way as the authorization referred to in the first sentence of paragraph 2, that the professional consular officer concerned shall, on the basis of his or her training and professional experience, have the necessary skills for the proper execution of the person to be entrusted with the competent authority. (4) The authorisation may be limited to the performance of individual business operations referred to in paragraph 2.

Section 4
The Honorary Consular Officers

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§ 20 Circle of Honorary Consular Officials

Honorary consular officers are honorary civil servants in the sense of civil servant law, who are charged with the perception of consular duties. Unofficial table of contents

Section 21 Appointment

(1) Honorary consular officers can be appointed both Germans and foreigners. (2) Prior to the appointment as honorary consular officer, it is necessary to examine in particular whether the applicant according to his personality, his professional experience, his position in the The receiving State, his familiarity with the conditions in the consular district provided for him and his language skills appear appropriate for the office.
If a foreigner is appointed, he shall have the following plea:

"I am loving to fulfill my duties as honorary consular officer of the Federal Republic of Germany faithfully and conscientiously in accordance with the laws and directives that govern my office."

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Section 22 Special duties

(1) The honorary consular officer may also leave his office for a short time without leave. For a longer holiday, he has the right to apply for his or her representation at an early stage. (2) Before the honorary consular officer in an employment relationship with another state, another state If he or she is an institution or an intergovernmental organisation, he or she must notify the Federal Foreign Office. Notifiable is also the acquisition of another nationality. Unofficial table of contents

Section 23 Adoption

Honorary consular officers may be adopted at any time. They shall be adopted if the conditions for the retirement of an official are met. Unofficial table of contents

Section 24 requirement of special authorisation

(1) § 19 shall apply to honorary consular officers accordingly. Honorary consular officers are also to confirm the authenticity of domestic public documents only if they have been specially empowered to do so by the Federal Foreign Office. This authorisation can only be granted under the conditions set out in § 19 (3) sentence 2. (2) The Federal Foreign Office may subject to further restrictions the power of an honorary consular officer to carry out consular duties.

Section 5
Fees and expenses

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§ 25 Special statutory regulation

In the case of consular acts, costs (fees and expenses) are levied on the basis of special legal regulations. Unofficial table of contents

§ 26 Fees and expositions of the Honorary Consular Officers

(1) Honorary consular officers shall pay the fees to be charged for their acts. They may reduce or enact them only in accordance with those provisions which are generally applicable to the fees of official diplomatic missions abroad. (2) The fees for the payment of administrative costs shall not be payable, the (3) In the event of a special contract awarded to the Honorary Consular Officer by the execution of an official contract, he may claim reimbursement of such expenses.

6.
Transitional and final provisions

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Section 27 Definitions

The term "German" shall be determined in accordance with Article 116 (1) of the Basic Law. Unofficial table of contents

§ 28

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§ 29

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§ 30 Berlin-clause

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

Section 31 Entry into force

This Act shall enter into force three months after the date of its announcement, with the exception of § 8 and § 28 (1) No. 3, which shall enter into force on 1 January 1975.

Footnote

§ 31 italic pressure: repeal provision