Consular Relations (Vienna Convention) Act 1999

Original Language Title: Consular Relations (Vienna Convention) Act 1999

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Text 1 (1-50) laws of MALAYSIA Act REPRINTING 595 CONSULAR RELATIONS ACT (VIENNA CONVENTION) Act 1999 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 5952 CONSULAR RELATIONS ACT (VIENNA CONVENTION) Act 1999 the date of Royal Assent............... August 27, 1999, the date of publication in the Gazette......... 9 September 1999 Consular Relations (Vienna Convention) 3 laws of MALAYSIA Act 595 CONSULAR RELATIONS ACT (VIENNA CONVENTION) Act 1999 ARRANGEMENT of SECTIONS section 1. Short title, commencement and application 2. The Application Of The Vienna Convention 3. Interpretation 4. Application Of Act 5. Remission of taxes, charges, duties and fees 6. Restrictions on privileges and immunities 7. Description 8. Saving for certain dwipihak arrangements 9. Power to hold land in Malaysia, 10. Consular officer in respect of the property of the person who is dead 11. Amendment and saving SCHEDULE laws of Malaysia ACT 5954 Consular Relations (Vienna Convention) 5 laws of MALAYSIA Act 595 CONSULAR RELATIONS ACT (VIENNA CONVENTION) Act 1999 an act to amend the law on consular relations by giving effect to the Convention of Vienna on Consular Relations (signed in 1963) and for other matters connected therewith.
[1 January 1991]
WHEREAS Article 77 of the Convention of Vienna on Consular Relations signed in 1963 provides that: "(1) this Convention shall come into force on the day the thirty following the date of the ratification instrument storage or second kesertaan second with the Secretary-general of the United Nations.
(2) for each State ratify or participate in the Convention after ratification of the instrument storage or kesertaan that twenty two it, the Convention shall come into force on the day the thirty after storage of the by country ratification of the instrument or kesertaannya. ": and WHEREAS the instrument kesertaan the twentieth second has kept so by Madagascar on 17 February 1967 and therefore the Convention come into force on 19 March 1967 : and that Malaysia already saved instrument kesertaannya on 1 October 1991 and therefore pursuant to article 77 of the Convention have effect so far as concerned with Malaysia on 1 November 1991: laws of Malaysia ACT 5956 THEN, therefore, IT ENACTED by the Parliament of Malaysia, as follows: short title, commencement and application 1. (1) this Act may be cited as the Consular Relations Act (Vienna Convention) Act 1999.
(2) this Act shall be deemed to have come into operation on 1 November 1991.
(3) this Act shall apply throughout Malaysia.
The Application Of The Vienna Convention 2. (1) subject to section 4, the matters specified in the schedule (which is the subject matter of the Convention of Vienna on Consular Relations signed in 1963) shall have the effect of law in Malaysia, and for that purpose shall be construed in accordance with the following provisions of this section.
(2) in those things — "authority of the recipient Country" shall be construed as including any police officer and any person exercising the power to enter any premises under any law in force in Malaysia;
"the people of the recipient Countries" shall be construed as meaning a person of citizenship.
(3) for the purposes of article 45, a waiver by the head of a consular post of any country or any person who is undertaking its functions shall be deemed to be a waiver by that country.
(4) Article 32, 39, 46, 47, 48, 49, 50, 52, 54, 58, 60, 62, 65, 66 and 67 shall be construed as giving any privileges or immunities required by him in order to be given.
Consular Relations (Vienna Convention) 7 (5) References in article 71 concerning the extent of any privileges and immunities received by recipient Country and on additional privileges and immunities may be granted by recipient Countries-their masingnya shall be construed as a reference to the extent that such privileges and immunities may be determined by the Yang di-Pertuan Agong by order published in the Gazette, and of any additional privileges and immunities may be determined so.
Interpretation 3. In this Act, unless the context otherwise requires — "1963 Convention" means the Vienna Convention on Consular Relations of 1963;
"Minister" means the Minister charged with the responsibility for Foreign Affairs.
Application Of Act 4. This Act shall apply — (a) for any country that is a party to the Convention of 1963;
(b) to the extent and with such modifications as may appear necessary by the Yang di-Pertuan Agong, for any country, not being a Country which has become party to the Convention of 1963, which was declared by him as a Country to which this Act applies by order published in the Gazette, that is, the Country which has been made by or on behalf of Malaysia a consular Convention which provides that the provisions of article about it is made in this Act; and (c) to the extent and with any modifications found necessary by the Yang di-Pertuan Agong, for any political body or entity specified by him by order published in the Gazette.
Laws of Malaysia ACT 5958 remission of taxes, charges, duties and fees 5. The Yang di-Pertuan Agong may provide that any tax, duty, charge or fee, imposed or collected under any law in force in Malaysia or in any Member State in Malaysia or any part thereof by the Government of Malaysia or the Government of any Member State or by any Municipality, Town Board or other public authority in Malaysia, and payable by the Government of any country or by the consular officer or consular employee of that country shall be diremit When, in the opinion of the Yang di-Pertuan Agong, the remission should be granted by reason of the service rendered to the Government of Malaysia or staff konsularnya by that country.
Restrictions on privileges and immunities 6. (1) if found by the Yang di-Pertuan Agong that privileges and immunities granted to a Malaysian consular posts in the province of any country, or to a person related to the consular post, is less than that given by this Act to the consular office of the country or to a person related to the consular post, the Yang di-Pertuan Agong may, by order published in the Gazette , to withdraw the privileges and immunities conferred such consular posts of that country or from any connected persons as he may deem fit.
(2) an order under this section shall be ignored for the purposes of subsection 1 (2) part I and subsection 2 (1) of part II of the second schedule to the Constitution (relating to the nationality of children of certain people who have diplomatic immunity).
Description 7. If in any proceedings arises the question whether or not any person is entitled to any privilege or immunity under this Act, a certificate issued by or under the authority of the Minister stating any fact relating to that question shall be conclusive evidence of that fact.
Consular Relations (Vienna Convention) 9 Exclusion for certain dwipihak arrangements 8. (1) where any agreement or special arrangements between the Government of any country with the Malaysian Government in effect on the commencement of this Act provide for expanded — (a) any immunity from jurisdiction and from arrest or detention, and any ketakbolehcabulan of residence, as provided by this Act to a consular employee; or (b) any exemption from customs duties, taxes and charges in relation to a given by this Act in respect of goods for the personal use of an employee consular, to any class of persons, or to goods for the personal use of any class of persons, related to consular posts of that country, immunity and ketakbolehcabulan or exemption shall be extended, as long as such agreements or arrangements that remain in force.
(2) the Minister shall publish in the Gazette a notice stating the countries that with it and the person in respect of which an agreement or arrangement referred to in subsection (1) is in force and whether its effects are as referred to in paragraph (1) (a) or (b), and shall as necessary amend the notice by a further notice; and the notice shall be conclusive evidence of the agreement or arrangement and the person in respect of which it is in force.
Power to hold land in Malaysia 9. (1) Notwithstanding the provisions of any written law to the contrary, is valid for land in any part of Malaysia or any interest of the land is given, diberimilikkan, leased or transferred ownership to or owned or held by — (a) any country — (i) for the purposes of consular office of the country or for an officer consular of that country; or laws of Malaysia ACT 59510 (ii) for any purpose other consular approved by the Minister; or

(b) any country that is authorized or entitled to have or hold land or any interest on land in Malaysia under any treaty, Convention or agreement to which Malaysia into a party, for any purpose set out in the Treaty, Convention or agreement that.
(2) where by virtue of subsection (1), it shall be lawful for the land or an interest on the land for granted, diberimilikkan, leased or transferred ownership to or owned or held by any country, then land or interests that can be given, diberimilikkan, leased or transferred ownership to or owned or held by that country in his own name or on behalf of or by any other person named for the purposes of this subsection, whether generally or in any particular case through a letter addressed to the Minister by or on behalf of that country and of the country or that person, as the case may be, shall be duly registered as owner, lessee or otherwise, in accordance with the requirements of the situation, in any register kept under the provisions of the national land code [Act 56/1965], the Sabah Land Ordinance [Sabah Cap. 68] or the Sarawak land code [Sarawak Cap. 81], as the case may be.
(3) for the purposes of subsection (2), a Country can nominate a body corporate incorporated by or under the laws of Malaysia or the laws of the country or an individual named by name or by title any positions held by him in the Government of that country and if any person named with the title of a post, then any right, power or obligation which by virtue of the penamaannya he be entitled thereto or liable thereon at the date he vacated his Office shall be deemed to have been transferred to or imposed upon his successor who is holding the position in all respects as if the holder is a corporation.
Consular Relations (Vienna Convention) 11 (4) a nomination made under subsection (2) may be cancelled at any time and a new nomination is made in the manner provided by that subsection and in the circumstances any right, power or obligation which by virtue of the penamaannya people who previously named become entitled thereto or liable thereon at the date penamaannya cancelled shall be transferred to the person on named in such a way as may be provided by rules made under subsection (6).
(5) for the purposes of any business of any land or interest on any land vested in the name of a country, any person authorized for the purpose of this subsection either generally or in any particular case by mail addressed to the Minister by or on behalf of that country may, by virtue of the authorisation, to execute all or any instrument and do any act or thing to give effect to such arrangements on such land for the The country in the same manner and to the same extent as if that person has been authorized to do so by a valid power of Attorney sent submit accordingly under the provisions of the national land, the Land Ordinance of Sabah or Sarawak Land Code, as the case may be.
(6) the Yang di-Pertuan Agong may make rules for the purposes of implementing this section.
Consular officer in respect of the property of the person already dead 10. (1) if any of the people of a Country to which this Act applies is named as executor of the will of a person dead people who dispose of property in Malaysia or otherwise is someone to whom a letter of agreement may be given by any court under any law in force in Malaysia or in any Member State in Malaysia in relation to probate the will or administration of the estate of the person who is dead then, if the Court is satisfied on the application of an officer Consular of that country that the people not resident in Malaysia and if no application for obtaining such representation letter made by a person authorized by the laws of Malaysia ACT 59512 accordingly under the law is through a power of attorney to act on his behalf for that purpose, the Court shall give the officer any such letter for the estate of dead people as it will be given to it if he authorized sedermikian as aforesaid: provided that the Court may, if it thinks fit, postpone the grant of letters by virtue of this section for any period the Court considers appropriate taking into account the circumstances of the case.
(2) if any person who is a citizen or a citizen of a Country to which this Act applies — (a) is entitled to any money or other property in Malaysia to be part of the estate of a person dead people or accept payment of any money in Malaysia to be payable upon the death of a person is the person who is dead; or (b) are between the person to whom any money or other property of a person dead people can be under any law in force in Malaysia or in any Member State in Malaysia paid or delivered without grant of probate or other proof of ownership, so if the people or the citizens not resident in Malaysia, an officer consular of that country shall have the same rights and powers to receive and give a discharge for any money or the property includes just-by him duly authorised to act on its behalf for the purpose by the power of Attorney: provided that no person shall be authorized or required by this subsection to pay or deliver any money or property to a consular officer if he knows that any other person has been expressly authorized to receive money or property on behalf of the people or the citizens.
Consular Relations (Vienna Convention) 13 (3) Notwithstanding anything to the contrary in any written law in force in Malaysia or in any Member State in Malaysia, is valid for letter of administration of an estate to be given, by virtue of this section, to a consular officer, and only one, when the personal representatives of the existing consular officer is appointed by virtue of this section It is not necessary, in any case, for an extra appointed personal representatives.
(4) when letters of Administration granted or any letter given to any consular officer by virtue of this section, the guarantor is not required for any bond given by the Administration that, notwithstanding the provisions of any law in force in Malaysia or in any Member State in Malaysia.
(5) Notwithstanding any rule of law that gives privilege or immunity in respect of acts and official documents, consular officer an officer consular was not entitled to get any privilege or immunity in respect of any act done in accordance with the powers conferred upon him by or under this section or in respect of any document which is in his possession relating to the Act.
(6) a letter of representation granted by virtue of this section may be made to the consular officer through his official position and to his successor in the post and if a letter made so, the position of administrator and all the estate, rights, duties and liabilities of administrators (including liability under the bond Administration) shall be vested in and imposed on the person who is holding the posts and no new letter required only because of death or vacation of Office person to whom the letter has been made or to which the letter was vested as aforesaid: provided that nothing-nothing in this subsection shall affect any restrictions contained in the letter or any power of the Court to cancel the letter.
Laws of Malaysia ACT 59514 Amendment and saving 11. (1) subject to subsection (2) and (3), * Diplomatic and Consular Privileges Ordinance 1957 [Ord. No. 53 1957], called "Ordinance" in this section is amended — (a) in subsection 2 (1) by deleting the definition of "consular employee", "office" and "consular consular officer";
(b) by deleting part IV;
(c) in section 8 — (i) by deleting the words "or consular officer or consular employee" appearing after the words "chief representative"; and (ii) by deleting the words "or the consular staff thereof" appearing before the words "by such country"; and (d) in paragraph 9 (1) (a) — (i) by deleting the words "or for the purposes of a consular office of such country or for the residence of a consular officer or consular employee of such country" appearing after the words "official staff"; and (ii) by deleting the words "or consular" appearing after the words "diplomatic".
(2) the country referred to under paragraph 5 () or (b) the Ordinance and who is not a member of the 1963 Convention shall continue to enjoy the privileges and immunities set out in sections 6 and 7 Ordinance.

(3) for the purposes of this Act, the privileges and immunities referred to under subsection (2) shall be deemed to have privileges and immunities declared by the Yang di-Pertuan Agong under paragraph 4 (b) even — (a) there is any difference about the nature and extent of the privileges and immunities and privileges and immunities under the Convention of 1963; and (b) whether or not there is respect that country a consular Convention referred to under paragraph 4 (b).
* NOTE — Diplomatic and Consular Privileges Ordinance 1957 [Ord. No. 53 1957] was repealed by the Act of Diplomatic Privileges (Vienna Convention) (Amendment) Order 1999 [Act A1064] – see section 5 of the Act A1064.
Consular Relations (Vienna Convention) 15 TABLE [Subsection 2(1)] VIENNA CONVENTION THING ABOUT CONSULAR RELATIONS (1963) with the EFFECTIVE laws in MALAYSIA article 1 Definitions 1. For the purposes of this Convention, the following expressions shall have the meaning assigned to it under this: (a) "consular post" means any Consulate-General, Consulate, or consular agency vice consulate;
(b) "consular district" means the area allocated for the consular post something for the exercise of consular functions;
(c) "head of consular post" means the person charged with the duty to act upon the property;
(d) "consular officer" means any person, including the head of a consular post, entrusted upon the property with the exercise of consular functions;
(e) "consular employee" means any person employed in the administrative or technical service of a consular post;
(f) "staff member service" means any person employed in the domestic service of a consular post;
(g) "members of the consular post" means consular officers, consular employees and members of the staff of the service;
(h) "consular staff member" means consular officers, other than the head of a consular post, consular employees and members of the staff of the service;
(i) "member of the private staff" means a person employed exclusively in the private service of a member of consular posts;
(j) "consular premises" means the buildings or parts of buildings and the land incidental thereto, irrespective of ownership, used exclusively for the purposes of consular posts;
(k) "consular archives" includes all papers, documents, correspondence, books, films, tapes and express Office consular, as well as writing secrets and code, index cards and any article of furniture intended to protect or keep it safely.
Laws of Malaysia ACT 59516 article 5 functions of consular Consular Functions consist of: (a) protect the recipient Country's National interests and the interests of the people of the country of the sender sender, both individuals and bodies corporate, within the limits permitted by international law;
(b) promote the development of commercial relations, economic, cultural and scientific between sender with the recipient Country and otherwise foster the friendship between them in accordance with the provisions of this Convention;
(c) determine the through all lawful conditions and developments in the life of the commercial, economic, cultural and scientific Country recipient, report about it to the Government of the country of the sender and provides information to people who are interested;
(d) issuing passports and travel documents to the people of the country of the sender, and a suitable visa or document to the person who intends to go to the country of the sender;
(e) assist and help people, both individuals and bodies corporate, the country of the sender;
(f) Act as notary and Registrar of civil and on similar properties, and perform certain functions of a administration, provided that there is no any contrary thereto in the laws and regulations of the country of the recipient;
(g) protect the interests of the people, both individuals and bodies corporate, the country of the sender in the case of succession mortis causa in the province of the recipient Country, in accordance with the laws and regulations of the country of the recipient;
(h) protect, within the limits imposed by the laws and regulations of the country of the recipient, the importance of one's minor and others that are not fully capable of representing the people of the country of the sender, especially if any care or trusteeship services required in respect of that person;
(i) subject to the practices and procedures that are available in the recipient Countries, representing or arranging appropriate representation for the people of the country of the sender before tribunals and other authorities of the recipient Country, for the purpose of obtaining, under the laws and regulations of the country of the recipient, the temporary measures for the preservation of the rights and interests of the people, if, by reason of absence or any other cause, the people that could not at the time supposed to defend rights and its importance;
Consular Relations (Vienna Convention) 17 (j) submit judicial and foreign judicial or complete document rogatori or task taking evidence for the courts of the country of the sender in accordance with international agreements in force or, in the absence of such an international agreement, in accordance with any other means compatible with the laws and regulations of the country of the recipient;
(k) exercise regulatory and inspection provided for in the laws and regulations of the country of the sender with regard to vessels have citizenship of the country of the sender, and in respect of aircraft registered in that country, and in respect of the ship was the son;
(l) provide assistance to vessels and aircraft referred to in subparagraph (k) of this article and to the crew was, take a statement with respect to the navigation of a vessel; examine and document menera ships, and, without prejudice to the powers of the national authorities to carry out investigation of the recipient, any event that occurred during the cruise, and resolve any type of dispute between masters, officers and ratings as far as this is permitted by the laws and regulations of the country of the sender;
(m) perform any other functions entrusted to the consular post by the sender that is not prohibited by the laws and regulations of the country of the recipient or to which no objection has been made by the recipient Country or referred to in international agreements in force between the sender with the recipient Country.
Article 15 temporary exercise of functions of the head of consular post 1. If the head of consular post could not discharge its function or the position of the head of the consular post is empty, a Chief position to act may act temporarily as head of the consular post.
2. Full name of the head office to act shall be notified either by diplomatic representation of the country of the sender or, if that country does not have such representation in the country of the recipient, by the head of the consular post, or, if he is unable to do so, by any competent authority of the country of the sender, to the Ministry of Foreign Affairs of the State of the recipient or to the authorities designated by the Ministry. As a general rule, this notification shall be given in advance. Recipient countries can receive new posts as the head of a person who is not a diplomatic agent or consular officer of the country of the sender in the country of the recipient provided it agreed.
3. the competent authorities of the recipient Country shall provide assistance and protection to the head position to act. While he headed the post, the provisions of this Convention shall apply to him the laws of Malaysia ACT 59518 in the same way as they apply for the relevant consular office head. The recipient country cannot, no matter how though, obliged to provide Chief positions so any facilities, privileges or immunities enjoyed by heads of consular posts are subject to conditions that are not met by the head of Office who did this.
4. When, in the circumstances referred to in paragraph 1 of this article, a member of the diplomatic staff of diplomatic representation in the country of the recipient country of the sender specified by the sender as the leader of post he did this, he shall, if the recipient Country not menbuat objections against him, continue to enjoy diplomatic privileges and immunities.
Article 17 implementation of diplomatic acts by consular officers 1. In a country where the sender's Country does not have diplomatic representation and are not represented by the diplomatic representation of the country third, an officer may, with the consent of consular National recipients, and without prejudice to the status of konsularnya, authorized to perform diplomatic acts. The implementation of the Act by a consular officer does not give him any right to claim diplomatic privileges and immunities.
2. a consular officer may, after notification addressed to recipient Countries, act as representatives of the country of the sender to any intergovernmental organization. When such an Act, he is entitled to enjoy such privileges and immunities granted to such representative by customary international law or by international treaties; However, with respect to the implementation of any consular function by him, he shall not be entitled to any immunity from jurisdiction more than entitled to immunity by a consular officer is found under this Convention.
ARTICLE 27 protection of premises and consular archives and national interest of the sender in the case of exceptional circumstances

1. In the event of Universiti consular relations between the two countries: (a) the recipient Country shall, even in case of armed conflict, respect and protect the consular premises, as well as consular posts property and consular archives;
(b) the country of the sender can entrust the care of consular premises, as well as property contained therein and consular archives, to a third country acceptable to the recipient Country;
(c) the country of the sender can entrust the protection of his interest and the interest of its citizens to a third country acceptable to the recipient Countries.
Consular Relations (Vienna Convention) 19 2. In the event of temporary or permanent closure of a consular post, the provisions of subparagraph (a) of paragraph 1 of this article shall apply. In addition, (a) if the sender's Country, although not represented in the country of the recipient by a diplomatic representations, consular posts have in the territory of that country, the consular post may be entrusted to take care of the premises of the consular post it is closed, as well as property contained therein and consular archives, and, with the agreement of the recipient Countries, to carry out consular functions in the District of the consular post; or (b) if the sender's Country does not have diplomatic representation and there are no other consular office in the country of the recipient, the provisions of subparagraph (b) and (c) of paragraph 1 of this article shall apply.
CHAPTER II FACILITIES, PRIVILEGES and IMMUNITIES RELATING to CONSULAR POSTS, CAREER CONSULAR OFFICERS and OTHER MEMBERS of a CONSULAR POST section I FACILITIES, PRIVILEGES and IMMUNITIES RELATING to a CONSULAR POST ARTICLE 28 Facilities for the country's consular office recipient shall give full consular posts for the implementation of the function.
ARTICLE 29 use of the national flag and coat of arms 1. The country of the sender shall be entitled to use the national flag and jatanya in the country of the recipient in accordance with the provisions of this article.
2. The national flag of the country of the sender can be dikibarkan and jatanya displayed in a building occupied by the consular posts and at his or her door, in the consular post general residential and at his vehicle when used for official business.
3. in using the right granted by this thing, the laws, regulations and the prevalence of the recipient Country shall be taken into account.
Laws of Malaysia ACT 59520 ARTICLE 30 of residence 1. The recipient country shall either facilitate the acquisition on its territory, in accordance with the laws and peraturan-peraturannya, by the sender will be the premises necessary for the position of konsularnya or help the sender to get home by another way.
2. the recipient Country shall also, where necessary, assist the consular office to get the appropriate shelter for its members.
ARTICLE 31 Ketidakbolehcabulan consular premises 1. Consular premises shall not be molested as far as provided for in this article.
2. The authorities of the recipient Country cannot enter the consular premises Division used exclusively for the purposes of the work of the consular post except with the approval of the head of the consular post or person specified by him or the Chief diplomatic representative of the country of the sender. Approval of the head of the consular post may, however, be deemed to have been given in the event of fire or other disaster requiring prompt preceding actions.
3. subject to the provisions of paragraph 2 of this article, the recipient Country is obliged to take all appropriate steps to protect the consular premises of any intrusion or destruction and to prevent any disturbance of peace in the consular office or his glory.
4. consular Premises, tools to the eye, the consular post property and his vehicle is immune from any form of requisition for the purpose of national defence or public facilities. If the expropriation is necessary for such purpose, all necessary measures may be taken to avoid terhalangnya the implementation of consular functions, and immediate compensation, adequate and effective shall be paid to the country of the sender.
ARTICLE 32 exemption from taxation consular premises 1. Consular premises and residential head of consular post career for which Country the sender or any other person acting on its behalf is the owner or lessee shall be exempt from all dues and taxes whatsoever nation, district or munisipal, other than anything that is payment for certain services rendered.
Consular Relations (Vienna Convention) 21 2. Exemption from taxation referred to in paragraph 1 of this article shall not apply to such dues and taxes if, under the law of the country of the recipient, it is payable by the person who contracts with the sender or with a person acting on his behalf.
ARTICLE 33 Ketidakbolehcabulan archives and documents of consular archives and consular documents cannot be inviolable at any time and wherever they are.
ARTICLE 34 freedom of moving subject to law and peraturan-peraturannya in respect of the zone entry into it is prohibited or regulated on the ground of national security, recipient Countries should ensure that all members of the consular post is free to move and walk inside its territory.
ARTICLE 35 independence of communication 1. Recipient countries must allow and protect freedom of the consular post to communicate official for all purposes. In communicating with the Government, diplomatic representations and consular posts in the other, wherever located, the sender, the consular post may use all appropriate means, including using diplomatic or consular couriers, diplomatic or consular bags and messages in code or secret writing. However, the consular post may only install and use a wireless transmitter receiver only with the consent of the country.
2. consular posts official Correspondence shall not be molested. Official correspondence means all correspondence relating to the consular post and its function.
3. consular Bag shall not be opened or detained. However, if the competent authorities of the recipient Country has serious reasons to believe that the bag contains something other than correspondence, documents or articles referred to in paragraph 4 of this article, they may request that the bag be opened in their presence by an authorized representative of the sender Countries. If this request is denied by the authorities of the country of the sender, the bag be returned to its original place.
4. Packaging-packaging became a consular bag shall have a sign out to see about its properties and can only contain correspondence and official documents or articles intended for official use exclusively.
Laws of Malaysia ACT 59522 5. Consular couriers shall be given an official document indicating his status and the number of packages forming the consular bag. Except with the consent of the recipient Country, he shall not be a citizen of the country of the recipient, or, unless he is a citizen of the country of the sender, permanent residents of the country of the recipient. In the performance of its functions, he shall be given protection by the country of the recipient. He shall enjoy personal ketidakbolehcabulan and shall not be liable to any form of arrest or detention.
6. country of sender, message from diplomatiknya and position konsularnya can set the consular couriers d hoc. In such case, the provisions of paragraph 5 of this article shall also apply, except that the immunities therein mentioned shall cease to apply when the couriers of the consular bag handed in its custody to konsaini.
7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at a port of entry that is allowed. He shall be given an official document which shows the number of packaging be the bag, but he should not be used as a consular couriers. Through an arrangement with the local authorities concerned, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or the aircraft.
ARTICLE 36 communications and relations with the citizens of the country the sender 1. With a view to facilitating the exercise of consular functions relating to the people of the country of the sender: (a) consular officers are free to communicate with the people of the country of the sender and to have access to them. The people of the country of the sender shall have the same freedom with respect to communication with and access to the consular officer of the country of the sender;
(b) if he or she asks so, competent authorities of the recipient Country shall, without delay, inform the consular post of the country of the sender if, in the District of konsularnya, a citizen of that country arrested or dikomitkan to prison or placed in custody pending trial or detained for any other ways. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be sent by the authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;
(c) consular officers shall have the right to visit a National of the people who are senders in prison, in custody or detention, to converse and berutus the letter with him and arrange for legal representation. They are also entitled to visit any Country folk are senders

Consular Relations (Vienna Convention) 23 in prison, in custody or detention in their district according to a judgment. However, the consular officials shall avoid taking action on behalf of a person of the people who are in prison, in custody or detention if he expressly oppose the action.
2. The right referred to in paragraph 1 of this article shall be used to meet the laws and regulations of the country of the recipient, subject to the proviso, however, that the law and the regulations must enable full effect be given to the purposes for which the rights accorded under this article intended.
ARTICLE 37 Information in the case of death, custodial or trust account, karaman and crash If relevant information available to the competent authority of the recipient Country, the authority is under a duty: (a) in the case of death of a person the sender's country, to inform the consular post without unnecessary delay in his district such death occurs;
(b) to notify without delay the competent consular office about any case if appointing a guardian or trustee is found to be in the interest of a person minor or other person who is not capable of fully who is a citizen of the country of the sender. The provision of this information is, however, without prejudice to the effective laws and regulations of the country of the recipient in respect of the appointment;
(c) where a vessel, which has the country's nationhood sender, sunk or stranded in the sea territory or waters of the Interior of the country of the recipient, or if an aircraft that is registered in the country of the sender of an accident in the territory of the country of the recipient, to inform the consular post without unnecessary delay that is closest to the place of occurrence of the incident.
ARTICLE 38 communication with National authorities in the exercise of their functions the recipient, consular officers can berutusan with: (a) competent local authorities their consular district;
(b) the central competent authority of the country of the recipient if and to the extent that this is permitted by the laws, regulations and conventions of the country of the recipient or by the relevant international agreement.
Laws of Malaysia ACT 59524 ARTICLE 39 consular fees and charges 1. Consular posts in the province can be melevi the recipient Countries the fees and charges provided for by the laws and regulations of the country of the sender for consular acts.
2. The amount of money collected in the form of fees and charges referred to in paragraph 1 of this article, and the receipt for the fees and charges, shall be exempt from all dues and taxes in the country of the recipient.
SECTION II FACILITIES, PRIVILEGES and IMMUNITIES RELATING to CAREER CONSULAR OFFICERS and OTHER MEMBERS of a CONSULAR POST ARTICLE 40 of the country's consular officer Protection recipients shall treat consular officers with due respect and shall take all appropriate steps to prevent any attacks on themselves, restrictions on their freedom or impede their dignity from corrupted.
ARTICLE 41 Ketidakbolehcabulan yourself consular officers 1. Consular officers cannot be arrested or detained pending trial, except in the case of a crime and in accordance with a decision by the relevant judicial authority.
2. Except in the case specified in paragraph 1 of this article, consular officers shall not be dikomitkan to jail or imposed any other form of restriction on freedom themselves except for the execution of a judicial decision which has the effect of final.
3. If criminal proceedings are instituted against an officer of consular, he must appear before the competent authorities. However, such proceedings shall be carried out with due honor conferred upon him by reason of his official position and, except in the case specified in paragraph 1 of this article, in such manner as far as possible would interfere with the exercise of consular functions a little bit maybe. When, in the circumstances referred to in paragraph 1 of this article, be necessary to resist an officer, the proceedings against him shall consular started with minimal delay.
Consular Relations (Vienna Convention) 25 ARTICLE 42 notification of arrest, detention or prosecution in the event of arrest or detention, pending trial, a member of the consular staff, or if criminal proceedings are being instituted against him, the recipient shall immediately inform the head of the consular post. If the head of consular post itself is the object of any such action, the recipient Country should notify the sender's Country through diplomatic channels.
ARTICLE 43 immunity from jurisdiction 1. Consular officers and consular employees are not subject to the jurisdiction of the judicial or administrative authorities of the recipient Country with regard to acts performed in the exercise of consular functions.
2. The provisions of paragraph 1 of this article shall not, however, apply in respect of a civil action either: (a) arising out of a contract made by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sender's Country; or (b) by a third party for damage caused by an accident in the country of the recipient caused by a vehicle, vessel or aircraft.
ARTICLE 44 the liability to give evidence 1. Members of a consular post may be called to appear as a witness in the course of judicial or administrative proceedings. An employee or a member of the consular service staff may not, except in the case referred to in paragraph 3 of this article, refuse to give evidence. If an officer consular refuses to do so, there are no steps to force penalties may be imposed against him.
2. The authorities which requires evidence of an officer should avoid disturbing consular performance of its functions. The authority shall, when possible, take any evidence at his residence or at the consular post or receive a statement in writing from them.
3. Members of the consular post is not obliged to give evidence in respect of matters relating to the exercise of their functions or to forward correspondence and official documents related to it. They are also entitled to refuse to give evidence as an expert witness with respect to the law of the country of the sender.
Laws of Malaysia ACT 59526 ARTICLE 45 waiver of privileges and immunities 1. The country of the sender can waive, concerning a member of the consular post, any privileges and immunities provided for in article 41, 43 and 44.
2. the Waiver shall in all respects be in real, except as provided in paragraph 3 of this article, and shall be communicated to the recipient Country in writing.
3. Commencement of proceedings by a consular officer or a consular employee in case if immunity from jurisdiction under article 43 may dinikmatinya should prevent it from using the immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
4. Waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings shall not be deemed to imply waiver of immunity from action implementation following the results of the judgment; in respect of such action, a separate waiver was necessary.
ARTICLE 46 Exclusions from registration of aliens and residence permits 1. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all obligations under the laws and regulations of the country of the recipient about the registration of aliens and residence permits.
2. The provisions of paragraph 1 of this article may not, however, apply to any employee who is not a consular employee permanent sender or conduct any profitable private employment in the country of the recipient or for any member of the family of any such employee.
ARTICLE 47 exemption from work permit 1. Members of the consular post shall, with respect to services rendered for the sender, are exempted from any obligation of work permits imposed by laws and regulations of the country of the recipient with respect to the recruitment of foreign labour.
2. Members of the staff of consular officers and employees personal consular shall, if they are not running any other lucrative employment in the country of the recipient, are exempted from the obligations referred to in paragraph 1 of this article.
Consular Relations (Vienna Convention) 27 ARTICLE 48 exclusion of social security 1. Subject to the provisions of paragraph 3 of this article, members of the consular posts in respect of the services provided by them for the sender, and members of their families forming part of their households, shall be exempt from social security provisions which are in force in the country of the recipient.
2. the Exemption provided for in paragraph 1 of this article shall also apply to members of the private staff employed solely to members of the consular post, provided that: (a) that they are not nationals or not residing permanently in the country of the recipient; and

(b) that they are covered by social security provisions in force in the country of the sender or a third country.
3. Members of the consular post who employ persons to whom the exemption provided for in paragraph 2 of this article does not apply shall observe the obligations imposed by the provisions of the national social security recipients on the employer.
4. The exemption provided for in paragraph 1 and 2 of this article may not prevent voluntary participation in the social security system of the recipient Countries, provided that such participation is permitted by that country.
ARTICLE 49 exemption from taxation 1. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all dues and taxes, personal or property, country, district or munisipal, except: (a) indirect taxes of which is usually included in the price of goods or services;
(b) dues or taxes on private immovable property situated in the territory of the country of the recipient, subject to the provisions of article 32;
(c) estate duty, inheritance, transfer of title, taxes levied by the country of the recipient, subject to the provisions of paragraph (b) of article 51;
(d) dues and taxes on private income, including capital gains, which has its source in the country of the recipient and capital tax in relation to investments made in commercial or financial undertaking in the recipient Country;
Laws of Malaysia ACT 59528 (e) charges levied for specific services rendered;
(f) registration fees, or court records, mortgage dues and stamp duties, subject to the provisions of article 32.
2. Members of the staff of the service shall be exempted from dues and taxes on the wages they receive for their services.
3. Members of the consular post who employ persons wages or his salary is not exempted from income tax in the country of the recipient shall comply with the obligations imposed by the laws and regulations of that country on the employer in respect of the income tax levy.
Article 50 exemption from customs duties and inspection 1. The recipient country shall, in accordance with any applicable laws and regulations as may be accepted applied, allowing entry and gives exemption from all customs duties, taxes and charges in relation to other than charges for storage, transportation and similar services, on: (a) articles for the official use of consular posts;
(b) articles for the personal use of an officer consular or member of his family forming part of his body, including goods intended for home, with his. Goods intended for own use shall not exceed the quantities needed for direct use of the person concerned.
2. consular Employees shall enjoy the privileges and immunities specified in paragraph 1 of this article in respect of articles imported at the time of first installation.
3. personal Baggage carried jointly by consular officers and members of their families forming part of their households shall be exempt from inspection. The baggage may be inspected only if there are serious reasons for believing that the baggage contains goods other than those referred to in subparagraph (b) of paragraph 1 of this article, or articles the importation or pengeksportannya is prohibited by the laws and regulations of the country of the recipient or subject to the laws and regulations kuarantinnya. Such inspections shall be carried out in front of the consular officer or member of his family concerned.
Consular Relations (Vienna Convention) 29 ARTICLE 51 the estate of a member of consular post or of a member of his family in the event of death of a member of the consular post or of a member of his family forming part of his body, the country of the recipient: (a) shall allow the movable people dead is exported, with the exception of any property acquired in the country of the recipient at the time of his death pengeksportannya is prohibited;
(b) cannot be melevi the estate duty or inheritance duty country, district or munisipal, and transfer duties, on movable property which is in the recipient Country simply because the presence of the dead in that country as a member of the consular post or as a member of the family of a member of the consular post.
ARTICLE 52 exemption from personal services and contributions Recipient Country shall exclude members of the consular post and members of their families forming part of their households from all personal services, from all kinds of public services, and from military obligations such as those relating to the perekuisisian, military and military contribution of the Inn.
ARTICLE 53 begins and the expiration of the consular privileges and immunities 1. Every Member of the consular post shall enjoy the privileges and immunities provided in the Convention as soon as he entered the territory of the recipient Country in its proceedings to hold his post or, if he is already in the territory of the country of the recipient, once he began its work with the consular post.
2. Members of the family of a member of the consular post forming part of the content of his house and his personal staff member shall receive the privileges and immunities provided in the Convention from the date he enjoys privileges and immunities in accordance with paragraph 1 of this article or from the date of their entry into the territory of the country of the recipient or from the date they become family members or employees of the private , whichever is the last one.
3. At the end of the functions of a member of the consular post, privileges and kekebalannya and the privileges and immunities of a member of his family forming part of his body or a member of the staff of the laws of Malaysia ACT 59530 personal shall normally cease at the time the person concerned leaves the country of the recipient or upon the expiry of a reasonable period to do so, whichever is earlier, but the privileges and immunities that shall continue until such time even in case of armed conflict. In the case of a person referred to in paragraph 2 of this article, their privileges and immunities shall expire when they cease to be households or are in the service of a member of the consular post provided, however, that if the person intends to leave the recipient Countries in a reasonable period thereafter, their privileges and immunities shall continue until the time of their departure.
4. However, in respect of acts performed by an officer or a consular employee in the exercise of consular functions, immunity from jurisdiction shall remain without limitation of time.
5. In the event of death of a member of the consular post, Member of his family forming part of his home contents shall continue to enjoy the privileges and immunities granted to them until they leave the country of the recipient or until the expiry of a reasonable period to enable them to do so, whichever is earlier.
ARTICLE 54 the obligations of third Countries 1. If a consular officer or through the territory of a third country, which has give him a visa, if a visa is needed, while traveling to hold or return to his post or when returning to the country of the sender, the third country shall give him all immunities provided by other articles of this Convention as may be required to ensure transit or the United Kingdom. Immunity the same shall apply in the case of any member of his family forming part of his body which enjoys privilege or immunity that accompanies the consular officer or traveling separately to him or to return to the country of the sender.
2. in such circumstances with the circumstances set out in paragraph 1 of this article, third States shall not hinder the other members of the transit of the consular post or members of their families forming part of their households through their territory.
3. Third country shall give freedom and the same protection to the official correspondence and other official communications in transit, including messages in secret code or writing, as the recipient Country is bound to give it away under this Convention. They shall give consular couriers who have been granted a visa, if a visa is needed, and to consular bags in transit, ketidakbolehcabulan and the same protection as the recipient Country is bound to give it away under this Convention.
Consular Relations (Vienna Convention) 31 4. Obligations of third country under paragraphs 1, 2 and 3 of this article shall also apply to the persons mentioned respectively in those paragraphs that are present, and for official communications and for the consular bag is, in the territory of the third country due to f rce majeure.
ARTICLE 55 the honour to the laws and regulations of the country of the receiver 1. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying any privileges and immunities to respect the laws and regulations of the country of the recipient. They also have a duty not to interfere with the internal affairs of that country.

2. consular Premises must not be used in any way that is incompatible with the exercise of consular functions.
3. The provisions of paragraph 2 of this article does not reject the possibility of institutional Office or other agencies set up in part of the building in which are located the consular premises, provided that the premises assigned to them are separate from the premises used by the consular post. In the circumstances, the Office cannot, for the purposes of this Convention, be considered to be part of the consular premises.
ARTICLE 56 insurance against third-party risk members of the consular post shall comply with any requirements imposed by laws and regulations of the country of the recipient in respect of insurance against third party risks arising out of the use of any vehicle, vessel or aircraft.
ARTICLE 57 special provisions in respect of profitable private employment 1. Career consular officers cannot run for personal profit any professional or commercial activities in the country of the recipient.
2. the privileges and immunities provided for in this chapter shall not be granted: (a) to an employee or to the consular service staff members in the exercise of any lucrative private jobs in the recipient Country;
Laws of Malaysia ACT 59532 (b) to the family members of a person referred to in subparagraph (a) of this paragraph or to members of his personal staff;
(c) to members of the family of a member of a consular post own exercise such lucrative private jobs in the country of the recipient.
CHAPTER III REGIME in RELATION to CONSULAR OFFICERS and HONORARY CONSULAR POSTS HEADED by the OFFICER ARTICLE 58 General provisions relating to the facilities, privileges and immunities 1. Article 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of article 54 and paragraphs 2 and 3 of article 55 shall apply to consular posts headed by honorary consular officers. In addition, the facilities, privileges and immunities that consular posts shall be determined by Article 59, 60, 61 and 62.
2. Article 42 and 43, paragraph 3 of article 44, article 45 and paragraph 1 of article 53 and 55 shall apply to honorary consular officers. In addition, the facilities, privileges and immunities that consular officers shall be determined by Article 63, 64, 65, 66 and 67.
3. the privileges and immunities provided for in this Convention shall not be granted to family members of an officer honorary consular consular employee or a person employed in a consular post headed by an honorary consular officer.
4 consular bags Exchange between two consular posts headed by honorary consular officers in different countries is not allowed without the consent of both the recipient Country concerned.
ARTICLE 59 of the country's consular premises Protection recipients shall take such steps as are necessary to protect the consular premises of a consular post headed by an honorary consular officer from any intrusion or destruction and to prevent any disturbance of peace in the consular office or his glory.
Consular Relations (Vienna Convention) 33 ARTICLE 60 consular premises of the Tax Exemption 1. Consular premises of a consular post headed by an honorary consular officer of the country with which the sender is the owner or lessee shall be exempt from all dues and taxes whatsoever nation, district or munisipal, other than anything that is payment for certain services rendered.
2. the exemption from taxation referred to in paragraph 1 of this article shall not apply to such dues and taxes if, under the laws and regulations of the country of the recipient, dues or the tax payable by the person who contracts with the sender.
ARTICLE 61 Ketidakbolehcabulan archives and documents of consular archives and documents a consular consular post headed by an honorary consular officer cannot be inviolable at any time and wherever it is, provided that the archive or document is kept separate from all other documents and papers and, in particular, of the private correspondence of the head of a consular post and any person working with it , and from the materials, book or document relating to the profession or trade them.
ARTICLE 62 of the customs duties exemption from the recipient Country shall, in accordance with any applicable laws and regulations as may be accepted applied, allow entry, and provides exemption from all customs duties, taxes and charges in relation to other than charges for storage, transportation and services of its kind on the following goods, provided that it is for the official use of a consular post headed by an honorary consular officer : coat of arms, flag, sign, seal and cap, books, official printed materials, Office furniture, Office equipment and similar articles supplied by or at the request of the country of the sender to the consular post.
ARTICLE 63 criminal proceedings If criminal proceedings instituted against an officer honorary consular, he must appear before the competent authorities. However, such proceedings shall be carried out with due honor to him by reason of his official position and, except when he was arrested or detained, in such manner as far as possible would interfere with the exercise of consular functions a little bit maybe. When it becomes necessary to resist an officer honorary consular, proceedings against him shall be initialized with minimal delay.
Laws of Malaysia ACT 59534 ARTICLE 64 National honorary consular officers Cover the recipient is obliged to give an officer any honorary consular protection required by reason of his official position.
ARTICLE 65 Exclusion from registration of aliens and residence permits honorary consular Officers, except those exercising any professional or commercial activity for personal gain in the country of the recipient, shall be exempt from all obligations under the laws and regulations of the country of the recipient about the registration of the residence permit and lie.
ARTICLE 66 exemption from taxation honorary consular officers shall be exempt from all dues and taxes on remuneration and emoluments which he received from a sender with respect to the exercise of consular functions.
ARTICLE 67 exemption from personal services and contributions Recipient Country shall exclude honorary consular officers from all services and of all kinds of public services and from military obligations such as those connected with perekuisisian, military and military contribution of the Inn.
ARTICLE 68 Institutions honorary consular officers of a choice of each country is free to decide whether it will appoint honorary consular officer or receive.
CHAPTER IV GENERAL PROVISIONS ARTICLE 69 Consular Agent who is not the head of consular post 1. Each country is free to decide whether it will establish or receive in consular agency operated by the consular agent not specified as head of consular post by the sender.
Consular Relations (Vienna Convention) 35 2. Conditions under which consular agencies referred to in paragraph 1 of this article may conduct its activities and privileges and immunities which can be enjoyed by a consular agent or her shall be determined by agreement between the sender with the recipient Country.
ARTICLE 70 the exercise of consular functions by diplomatic representation 1. The provisions of this Convention also applies, in so far as the context otherwise permits, for the exercise of consular functions by a diplomatic representative.
2. The names of members of a diplomatic representative assigned to the consular section or otherwise charged with the exercise of consular functions of representative shall be notified to the Ministry of Foreign Affairs of the country of the recipient or to the authorities designated by the Ministry.
3. In the exercise of consular functions of a diplomatic representation can be berutusan by: (a) local authorities of the consular district;
(b) the authorities of the recipient Country centre if this is permitted by the laws, regulations and conventions of the country of the recipient or by the relevant international agreement.
4. the privileges and immunities of members of a diplomatic representation referred to in paragraph 2 of this article shall continue to be subject to the rules of international law in respect of diplomatic relations.
ARTICLE 71 the citizens or permanent residents of the country of the receiver 1. Except to the extent that the facilities, privileges and immunities granted by the recipient Country further, consular officer representing the people of the country of the recipient or recipient Country permanent resident only can enjoy immunity from jurisdiction and personal ketidakbolehcabulan in respect of official acts performed in the exercise of their functions only, and privileges provided for in paragraph 3 of article 44. As far as consular officer in connection with this, the recipient Country shall also be bound by the obligations laid down in article 42. If criminal proceedings are instituted against an officer of such consular, the proceedings shall, except when he was arrested or detained, carried out in the manner as far as possible would interfere with the exercise of consular functions a little bit maybe.

2. The members of the consular post which is the other country recipients or residing in the country of the recipient and their family members, as well as family members of the consular officer referred to in paragraph 1 of this article, shall enjoy the facilities, laws of Malaysia Act 59536 privileges and immunities only to the extent that the facilities, privileges and immunities is given to them by the country of the recipient only. Members of the family members of the consular posts and members of the private staff which in itself is a recipient country or residing in the country of the recipient shall also enjoy facilities, privileges and immunities only to the extent that the facilities, privileges and immunities was given to them by the country of the recipient only. Recipient countries should, however, exercise its jurisdiction over that person in the manner of the way with the inappropriate implementation of the consular post function.
Consular Relations (Vienna Convention) 37 laws of MALAYSIA Act 595 CONSULAR RELATIONS ACT (VIENNA CONVENTION) Act 1999 LIST AMENDMENT law short title force amend from – no – laws of Malaysia ACT 59538 laws of MALAYSIA Act 595 CONSULAR RELATIONS ACT (VIENNA CONVENTION) Act 1999 LIST SECTION AMENDED Section Power amend with effect from – THERE are –