Law Of The Consular Officers, Their Tasks And Powers

Original Language Title: Gesetz über die Konsularbeamten, ihre Aufgaben und Befugnisse

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Act on the consular officers, their tasks and powers (Konsulargesetz) KonsG Ausfertigung date: 11.09.1974 full quotation: "Konsulargesetz from September 11, 1974 (BGBl. I S. 2317), most recently by article 2 of the Act of June 29, 2015 (BGBl. I S. 1042) has been changed" stand: last amended by article 2 G v. 29.6.2015 I 1042 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 15.12.1974 +++) input formula the Bundestag approved the following law with the consent of the Bundesrat: 1st section general rules section 1 the consular tasks in General which are consular officers (career consular officer or honorary consular officers) appointed, - the cooperation between the Federal Republic of Germany and the receiving State, notably in the areas of development policy and external relations, of traffic, to join the culture and the administration of Justice, to provide advice and assistance Germans as well as domestic legal persons after due consideration.

Article 2 transferred consular tasks the consular officers are called to perceive the tasks and powers, which transmitted them by this law or other laws, regulations and administrative provisions in particular on following areas - nationality Affairs - passport and view notice on occasions, - civil status matters, - participation in the settlement of family disputes, matters of voluntary jurisdiction and inheritance, - certification, legalization foreign and domestic public documents of authenticity - shipping stuff and sailor matters - completion or delivery of letters rogatory , - Delivery, - monitoring of compliance with contracts.

Section 3 exercise of consular functions (1) for the exercise of consular functions the General rules of law apply, as far as this law contains no special provisions.
(2) in carrying out its tasks, the consular officers have best efforts to protect the reputation and interests of the Federal Republic of Germany and to promote.
(3) career consular officers can use - if necessary - in the exercise of their functions in the Legal Affairs of the Council and the help of a lawyer licensed in the receiving State their confidence.

§ 4 barriers of consular activity in their duties have the barriers to consider the consular officer arising from their consular law. They have in particular the Vienna Convention of 24 April 1963 on consular relations (Bundesgesetzbl. II 1969 S. 1585) and other treaties to observe, as far as these are in force between the Federal Republic of Germany and the receiving State.
2. section individual consular tasks and powers article 5 assistance on individual (1) the consular officer should Germans who are needy in their consular district, the required assistance, if not solve the plight in other ways. This applies not for Germans who have their habitual residence in a foreign State, if they are nationals of that State at the same time and also her father or her mother owns or has owned and their descendants; the consular officer however can provide assistance to these people, as far as it is equitable in each case.
(2) where it is equitable in each case, the consular officer can grant help also non-German families of German, if they live in domestic community with these or have spent longer time.
(3) type, shape and degree of assistance vary according to the specific conditions in the receiving State, taking into account the necessary life needs of a resident German. The aid may consist in the granting of legal protection.
(4) if it is advisable the consular officer can help also afford, allow the journey to the place of habitual residence or at another place the seeking help.
(5) the recipient is obliged to the reimbursement of expenses. The replacement obligation next to him also his relatives and his spouse in the framework of its obligation to pay maintenance. The obligation is transferred to the replacement to the heirs. The liability of the heir is confined to the estate.
(6) will take on the plight of an aid receiver, has his habitual residence in a foreign country or who is abroad in custody or is serving a prison sentence longer than two months, is the admission of further aid to help after the twelfth book of the social code or appropriate application of this law to grant. Paragraph 4 shall remain unaffected.
(7) assistance may be refused if the molested rendered previous aid, except that he would suffer a serious detriment to body, life or health in the event of rejection.

§ 6 to provide assistance in civil cases (1) if in the consular district natural disasters occur war or revolutionary implications, or similar events that harm the population or parts of them, or are likely to arise, to the consular officers take the necessary measures, to the injured party or if they are threatened, German, help and protection. This applies also to descendants of German and non-German family of German when they live in domestic community with these or have spent longer time.
(2) § 5 para 5 shall apply accordingly. As far as the development of the situation in the consular district, the personal circumstances of the auxiliary or vulnerable or other special circumstances require it, may be waived by the assertion of claims to reimbursement.
(3) to in the paragraph 1 take immediate effect can help in cases, the consular officer should create a list of Germans resident in their consular and other Protectee, and members of their families and keep up to date.

§ 7 help for prisoners of the consular officer to assist German investigation and offenders at their request in their consular and provide them with redress, in particular.

§ 8 request for certification of birth or death of a German of the consular officers are empowered to accept applications for certification of the birth or death of a German if the Personenstandsfall abroad has occurred. The application is to send the Registry Office competent according to § 36 para 2 of the civil status act with the submitted documents.

§ 9 transfer to deceased persons and estate care (1) if there are no other opportunities, the consular officer will promptly notify the relatives of Germans who died in the consular district and participate in a requested transfer of the deceased.
(2) consular officers are called in their consular district of the estates of Germans to accept themselves, if the heirs are unknown or absent, or a need for official can intervene for other reasons. You can thus put in particular seal, take a discount directory and custody take movable succession if the circumstances require it, or sell. You can also accept payment from estate debtors and regulating the fixed discount liabilities and obligations using funds from the estate incurred in caring for the discount.
(3) heirs or other beneficiaries cannot be determined, so succession or proceeds from its sale to the Court of the last habitual residence of the deceased at home can or - when a such habitual residence cannot be ascertained - are passed to the District Court of Schöneberg in Berlin as a probate Court.

§ 10 certifications in General (1) the consular officers have the authority to accept facts and operations that have taken them in the exercise of their Office, transcripts or notes, in lieu of oath notarize in particular 1 declarations given before them and insurance, to authenticate 2. signatures, hand signals, as well as copies or to make other simple certificates (E.g. certificates of life).
(2) the documents captured by a consular officer be the one recorded by a domestic notary.
(3) the rules of the certification law of 28 August 1969 (Bundesgesetzbl. for the purpose of the certification procedure I S. 1513) with the following exceptions: 1. certificates can be built on request also in a language other than German.
2. interpreters need not be sworn in.
3. the copy of a non-certified copy should not be legalized.
4. the original copy of a transcript should be if not issued the parties, one of them requires official custody. In this case, the original should be sent the Amtsgericht Schöneberg in Berlin to the official custody. Is one of the parties in the enforcement subject to, so the original of the transcript should are issued the creditor, if the parties have made no other provision and neither of them has requested official custody.

As long as the original is not given or sent to the District Court, the consular officers are empowered to provide copies. Enforceable copies can be granted only by the District Court which kept the original.

§ Should only document the consular officer 11 features of dispositions mortis causa (1) wills and testamentary contracts, if the deceased are Germans. The §§ 2232, 2233 and 2276 of the Civil Code shall apply accordingly.
(2) for the special official custody (sections 34, 34a of the certification law, article 342, paragraph 1 No. 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction) is the official Court of Schöneberg in Berlin. The testator can at any time request the custody to a District Court.
(3) the testator dies, before the Testament or the determination to the District Court is sent, or will such an injunction is delivered after the death of the testator when the consular officer, as this may make the opening. Article 348, paragraph 1 and 2 as well as the sections 349 and 350 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall apply accordingly.

§ 12 acceptance of declarations of the consular officers are entitled to receive 1 closures, in lieu of oath to take off 2. insurance, which are submitted to obtain a certificate of inheritance, a European certificate of succession, an executor certificate or a certificate on the continuation of community property 3. a German at the request to take the oath if the oath according to the law of a foreign State or in accordance with a foreign authority or otherwise the exercise of rights in a foreign country is required.

Article 13 empowered legalization of foreign public documents (1) which are consular officers to legalize the public documents issued in their district.
(2) legalization confirmed the authenticity of the signature, the property in which the signatories of the document has acted and, where appropriate, the authenticity of the seal, with which the certificate is provided (legalization in the strict sense).
(3) the legalization is carried out through a memorandum to be set on the document. The notice should contain the name and the official or service name of the signatory of the document. He shall indicate the place and the date of its issue and is to be provided with signature and stamping - or full color seal.
(4) at the request of can, that the exhibitors to the recording of the deed was responsible and that the deed has been recorded in the form corresponding to the laws of the place of exhibition (legalization in the broad sense) unless there is no doubt about the legal situation, the note also confirmed.
(5) documents, which are exempt pursuant to bilateral or multilateral international agreement by the legalisation should not be legalized.

§ 14 authorised confirmation of the authenticity of domestic public documents (1) which are consular officers to confirm the authenticity of domestically issued public documents to use in their consular district.
(2) the confirmation should only be granted if the consular officer has any doubt about the authenticity. He can assume the authenticity usually, if the document has been launched by the authority has taken, to him.

§ 15 appointed interrogations and hearings (1) which are consular officers conduct interrogations at the request German courts and authorities.
(2) interrogations should be replaced with the a judicial hearing can be requested only by a court or by an authority that can seek judicial hearings in domestic. Is invited to formal questioning, the consular officers to the acceptance of the oath shall be authorized.
(3) the German procedural rules applicable to the respective hearing are to apply by analogy. Interpreters do not need to be sworn in. The Protocol can also be conducted by the officials consular officers. The consular officers may not use coercive means.
(4) the interrogations and the Vereidigungen and the writings recorded on them are of the same interrogations and Vereidigungen, as well as the records recorded in domestic courts and authorities.
(5) the rules for interrogation shall apply for hearings.

§ 16 deliveries which are consular officers appointed at the request German courts and authorities persons who reside in the consular district, to deliver documents of any kind. The delivery is to issue a written certificate and be sent to the applicant.

Section 17 authorised recording of Verklarungen which are consular officers to record Verklarungen.
3. section the consular section 18 (1) career consular officers in the meaning of this law are the consular district at the diplomatic or consular professional representatives of the Federal Republic of Germany from abroad with consular duties within the meaning of §§ 1 and 2 authorised persons.
(2) a prerequisite for the granting of the order is that which has passed the career examination for the higher or the upscale foreign service with success to contracting or otherwise has the skills required for the proper execution of the duties to trust him on the basis of his education and his professional experience.
(3) career consular officers are also temporary staff within the meaning of paragraphs 1 and 2, which are allocated an honorary consular officer without being honorary consular officers of the Foreign Office to the exercise of consular functions.

Article 19 needs of a special authorization (1) career consular officers, who have the qualification of judgeship, are entitled to all consular duties easily.
(2) other professional consular should require only 1 declarations and affidavits, accept 2. closures and affidavit remove 3. insurance companies, if they are especially authorized by the Ministry of Foreign Affairs. They can only then make 1 interrogations and hearings should be replaced with the a judicial hearing, record Verklarungen 2 and remove the 3 oaths, if they are especially authorized by the Ministry of Foreign Affairs.
(3) the authorization set 2 only consular posts of higher foreign service may be granted pursuant to paragraph 2. Sentence 1, it implies as well as the authorization referred to in paragraph 2 that the concerned professional consular officers on the basis of his training and professional experience has the skills required for a proper execution of the duties to trust him.
(4) the authorisation may be limited to the perception of the Office referred to in paragraph 2.
4. cut out the honorary consular officers section 20 district of the honorary consular officers honorary consular officers are Honorary officials within the meaning of the civil servants, who are entrusted with the exercise of consular functions.

Section 21 (1) appointment to honorary consular officers can both Germans are appointed as foreigners.
(2) prior to the appointment to the honorary consular officer is to examine whether the candidate appears suitable his familiarity with the conditions in the consular district provided for him and his language skills for the Office to his personality, his professional experience, his position in the receiving State, in particular.
Appointed a foreigner, so he has to make the following vow: "I pledge to fulfill my official duties as honorary consular officer of the Federal Republic of Germany laws authoritative for my official and instructions faithfully and conscientiously."

Article 22 special duties (1) which allowed honorary consular officers also without vacation leaving his official residence for a short time. He has approval to apply for that care can be taken for its representation so early for a longer holiday.
(2) before the honorary consular officers in an employment relationship with another State, another government institution or a parent or intergovernmental organization, he has this to show the Foreign Office. The acquisition of another nationality is a notifiable disease.

§ Can be passed at any time 23 adoption of honorary consular officers. They are to adopt, if the preconditions for the transfer of an official to retire.

§ 24 need of a special authorization (1), section 19 applies to honorary consular officers accordingly. Honorary consular officers to confirm the authenticity of domestic public documents only, if they do this, especially have been authorised by the Ministry of Foreign Affairs. This authorisation may be granted only under the conditions laid down in article 19, paragraph 3, sentence 2.
(2) the Foreign Ministry may impose further restrictions the authority of honorary consular officers to the exercise of consular functions.
5 article fees and expenses article 25 specific legal arrangements for consular acts imposed costs (fees and expenses) under special legal regulations.

Section 26 fees and costs incurred by the honorary consular officers (1) the honorary consular officers apply the fees to be collected for their official acts for himself. They cannot reduce them only in accordance with those provisions or adopted, that generally apply to the charges of official diplomatic missions.

(2) the fees to cover the administrative costs are not sufficient, so a flat-rate subsidy may be granted the honorary consular officers.
(3) special, the circumstances required, incurred the honorary consular officers by the execution of an official order he can claim reimbursement.
6 article transitional and final provisions article 27 definition the term "German" is governed by article 116 paragraph 1 of the basic law.

§ 28 - article 29 - Article 30 Berlin clause this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

Article 31 entry into force this law force three months after the date of its promulgation in with the exception of section 8 and section 28, paragraph 1 No. 3, which come into force on January 1, 1975.
Footnote 31 section italics: repeal provision

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