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Law No. 56 Of 15 April 1999 On The Ratification Of The Convention On Consular Relations Between Romania And Georgia, Signed In Tbilisi On 1 July 1998

Original Language Title:  LEGE nr. 56 din 15 aprilie 1999 pentru ratificarea Convenţiei consulare dintre România şi Georgia, semnată la Tbilisi la 1 iulie 1998

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LEGE no. 56 56 of 15 April 1999 for the ratification of the Consular Convention between Romania and Georgia, signed in Tbilisi on 1 July 1998
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 174 174 of 23 April 1999



The Romanian Parliament adopts this law + Article UNIC The Consular Convention between Romania and Georgia, signed in Tbilisi on 1 July 1998, is ratified. This law was adopted by the Senate at the meeting of February 22, 1999, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at its meeting on March 29, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. PRESIDENT CHAMBER OF DEPUTIES, PAULA IVANESCU + CONSULAR CONVENTION BETWEEN ROMANIA AND GEORGIA Romania and Georgia, hereinafter referred to as Contracting Parties, animated by the desire to develop the traditional friendly ties between the two countries, reaffirming the determination to establish at the basis of their relations their trust, cooperation and mutual aid, in accordance with the principles of mutual respect of political independence, sovereignty and territorial integrity, non-interference in affairs domestic, equality of rights, determined to regulate and promote their consular relations in compliance with their international commitments, have decided to conclude this Consular Convention and have agreed the following: + Chapter 1 Definitions + Article 1 Definitions 1. In this Convention the following expressions shall read as follows: a) the consular office means any general consulate, consulate, viceconsulat or consular agency; b) by consular constituency means the territory assigned to a consular office for the exercise of consular functions; c) the head of the consular office means the person responsible for acting in this capacity; d) the consular officer shall mean any person, including the head of the consular office, responsible for exercising the consular functions e) a consular employee means any person employed in the administrative or technical services of the consular office; f) a member of the service staff shall mean any person used in the household service of a consular office; g) members of the consular office shall be understood to be consular officials, consular employees and members of the service staff; h) a member of the private staff means the person used exclusively in the private service of a member of the consular office; i) by family member means the spouse of the member of the consular office, the children and his parents, provided that these persons live together and are in the maintenance of the member of the consular office; j) through consular premises means the buildings or parts of buildings and the related land, which, regardless of their property, are used exclusively for the consular office; k) by consular archives means all the papers, documents, correspondence, books, films, technical means, used for the collection and use of information, the registers of the consular office, as well as the cipher material, the files and furniture, intended to protect and preserve them; l) by ship means any civil means of navigation which has the right to fly the flag of the sending State according to its laws, with the exception of military ships; m) the aircraft means any civilian aircraft registered in the sending state and which has the right to use the registration marks of this state, except for military apparatus. 2. The provisions of this Convention relating to the citizens of the sending State shall apply, accordingly, when the context admits, to legal persons who are constituted under the law of the sending State and who are based in this state. + Chapter 2 Establishment of consular offices and appointment of members of consular offices + Article 2 Establishment of a consular office 1. The sending State may establish a consular office on the territory of the State of residence only with the consent of this State 2. The headquarters of the consular office, the rank and its consular constituency shall be established by the sending State and shall be subject to the approval of the State of residence. The sending State may make subsequent amendments to the seat of the consular office, the rank or the consular constituency only with the consent of the State of residence. + Article 3 Appointment and admission of the head of consular 1. The head of the consular office is appointed by the sending State and is admitted for the exercise of his functions by the State of residence. 2. Subject to the provisions of this Convention, the modalities of appointment and admission of the head of the consular office shall be determined by the laws, regulations and usages of the sending and state of residence. + Article 4 Consular patent or notification of appointment 1. The sending State shall issue to the head of the consular office a document in the form of a patent or a similar act, drawn up for each appointment, attesting its quality and indicating, as a general rule, its name and surname, category and class, the consular constituency and the seat of the consular office. 2. The sending State shall transmit to the government of the State of residence, by diplomatic path or on any other suitable path, consular patency or similar act. + Article 5 Exequaturum 1. The head of the consular office is admitted to exercise his functions by an authorization of the state of residence, called exequatur, whatever its form. 2. The State which refuses to issue an exequatur shall not be obliged to communicate to the sending State the reasons for its refusal. 3. Subject to provisions of art. 6 and 8, the head of the consular office cannot exercise his functions before receiving the exequaturum. + Article 6 Provisional admission of the head of consular office Until the issuance of the exequatural the head of the consular office can be admitted, on a provisional basis, to exercise his functions. In that case, the provisions of this Convention are applicable. + Article 7 Temporary exercise of the functions of the head of the consular office 1. If the head of the consular office is prevented from exercising his functions or if his post is vacant, an interim gerant may act, on a provisional basis, as head of the consular office. 2. The name and surname of the interim gerant shall be notified to the ministry of foreign affairs of the State of residence or authority designated by this ministry by the diplomatic mission of the sending State or, in the absence of a diplomatic to this State in the State of residence, by the head of the consular office or, if it is prevented from doing so, by any competent authority of the sending State. In general, this notification must be made in advance. The State of residence may condition the granting of consent or for the admission as interim gerant of a person of its status as a diplomatic agent or consular officer of the sending State to the State of residence. 3. The authorities of the state of residence must provide assistance and protection to the interim gerant In the period of its gerance the provisions of this Convention shall be applicable to the head of that consular office. 4. If, in the circumstances referred to in paragraph 1 of this article, a member of diplomatic staff of the diplomatic mission or a representative of the ministry of foreign affairs of the sending State is appointed by this State as Interim gerant, it continues to benefit from diplomatic privileges and immunities. + Article 8 Notification to the authorities of the consular constituency As soon as the head of the consular office has been admitted, even on a provisional basis, to exercise his functions, the State of residence is obliged to immediately inform the competent authorities of the consular constituency and shall take the necessary measures to ensure that it performs its functions and benefits from the provisions of this Convention. + Article 9 Nationality of consular officials Consular officials may only be citizens of the sending State, who are not domiciled in the State of residence. + Article 10 Exercising consular functions in a third country The sending State may, after the notification made to the interested States and only if none of them expressly object, to entrust to a consular office established in the State of residence the exercise of consular functions in another State. + Article 11 Exercise of consular functions for a third country After the corresponding notification made to the State of residence and if it does not object, a consular office of the sending State may exercise in the State of residence consular functions for a third State. + Article 12 Honorary consular officials 1. Each of the two Contracting Parties may appoint and receive honorary consular officials in their bilateral relations, applying the provisions of their head. III of the Vienna Convention on Consular Relations of 1963 and, when the context allows it, the provisions of this Convention. 2. Honorary consular officials may have the citizenship of the sending state, the state of residence or a third state. + Article 13 Notification to the State of residence of arrivals and departures The sending State shall notify the Ministry of Foreign Affairs of the State of residence in writing: a) the arrival of a member of the consular office, his final departure or the termination of the exercise of his functions, as well as any other changes regarding his status, which occurred during his service at the consular office; b) the arrival and final departure of a family member of the member of the consular office and, if applicable, the fact that a person becomes or ceases to be a member of his family; c) the arrival and final departure of a member of the private staff, as well as the termination of his activity in this capacity d) employment and dismissal of persons resident in the state of residence, who have the status of members of the consular office or members of the particular staff, entitled to benefit from privileges and immunities. + Article 14 Identity documents 1. The authorities of the state of residence shall issue, free of charge, to each consular official a document certifying his identity and quality, mentioning the function he performs. 2. The provision of paragraph 1 of this Article shall also apply to family members of the consular officer, as well as consular employees, service staff members, members of private staff and family members. to them, provided that these persons are not nationals of the State of residence or residents in that State. + Article 15 Termination of a member of the consular office 1. The functions of a member of the consular office shall cease in particular by: a) notification of termination of its functions, made to the State of residence by the sending State; b) withdrawal of exequaturum; c) notification by the State of residence to the sending State that he has ceased to consider the person in question a member of the consular office. 2. The State of residence may, at any time and without being obliged to motivate its decision, to communicate to the sending State, by diplomatic means, that it withdraws the exequaturum issued to the head of the consular office or that another consular official is declared persona non grata or that another member of the consular office has become unacceptable. In such a situation the sending State will recall the person concerned, if it has already entered the exercise of its functions. If the sending State does not take the recall measures within a reasonable time, the State of residence may cease to consider the person concerned as a member of the consular office. + Chapter 3 Consular functions + Article 16 Purpose of consular The consular officer favours, by all means, the development of economic, commercial, cultural, scientific and tourist relations between the sending state and the state of residence, promote, in any other way, friendly relations between the state the trimmer and the State of residence, defend and protect in the State of residence the rights and interests of the sending State and its citizens. + Article 17 Communication with state authorities of residence 1. The consular officer shall perform his functions in the consular constituency. However, in exceptional cases, he may exercise his or her functions outside that constituency, with the consent of the State of residence. 2. In the exercise of his functions the consular officer may address: a) the competent local authorities of the consular constituency; b) the competent central authorities of the State of residence, in so far as this is permitted by the laws, regulations and usages of this State and by international agreements. + Article 18 Representation in addition to international organisations After the notification made to the State of residence the consular officer may also act as a representative of the sending state to the international organizations that are based in the state of residence. + Article 19 Representation of citizens before the courts of the state of residence 1. The consular officer shall be entitled, subject to the practices and procedures in force in the State of residence, to represent the citizens of the sending State or to take measures for the purpose of their proper representation before the courts or other authorities of the State of residence, in order to require, according to the laws and regulations of the State of residence, the adoption of provisional measures to defend the rights and interests of these citizens when, due to their absence or from any other cause, may not, in due time, defend their rights and interests. 2. The representation referred to in paragraph 1 of this Article shall end at the time when the represented person designates his or her trustee or ensures herself the defence of rights and interests. + Article 20 Registration of citizens of the sending state, issuing passports and visas The consular officer shall be entitled: a) register the citizens of the sending state located in the state of residence; b) to issue to the citizens of the sending state passports or other travel documents, to extend their validity, to make changes in these times to cancel them; c) to grant visas. + Article 21 Civil status functions 1. The head of the consular office has the right to conclude marriages, provided that the future spouses have the citizenship of the sending state. The consular office shall inform the competent authorities of the State of residence of the marriages concluded, if the legislation of the State of residence so requires. 2. The consular official shall have the right to register the marriages, births and deaths of the citizens of the sending State and to issue the corresponding documents or to receive communications and documents on births, marriages or deaths citizens of this state However, these provisions do not exempt the citizens of the sending State from the obligation to comply with the legislation of the state of residence in matters of registration of births, marriages and deaths. 3. The competent authorities of the state of residence shall transmit to the consular office, for official purposes, at its request and free of charge, copies and extracts from the civil status documents of the citizens of the sending state. + Article 22 Notary functions 1. The consular officer shall be entitled: a) to receive, draw up and authenticate the statements of the citizens of the sending state; b) to receive, to draw up and to authenticate the provisions of last will and other documents regarding the unilateral legal acts of the citizens of the sending state, drawn up according to the laws of this state; c) to legalize the signatures and seals on the documents of the citizens of the sending state, issued by the authorities of this state; d) to legalize children and extracts from the documents, at the request of the citizens of the sending state; e) to carry out and legalize translations from documents submitted by the citizens of the sending state; f) to draw up and authenticate contracts concluded between the citizens of the sending State, if they do not refer to the establishment, transfer or extension of real rights to immovable property located in the state of residence; g) to legalize or release, according to the legal provisions of the sending state, certificates of origin of goods or other similar documents. 2 2. The documents listed in paragraph 1 of this Article, drawn up, authenticated or certified by the consular officer, shall be considered valid official documents which have the same evidentiary force and produce the same legal effects as documents drawn up, authenticated or certified by the authorities of the State of residence + Article 23 Receipt in storage 1. The consular officer has the right to receive in the deposit the documents, the amounts of money and the valuables, entrusted by the citizens of the sending state, admitted by the legislation of the state of residence 2. The consular official also has the right to receive, in order to transmit to their owners, the objects lost by the citizens of the sending State during their stay in the state of residence. + Article 24 Guardianship and cleaning 1. The authorities of the State of residence shall inform the consular office whenever it is necessary to establish guardianship or cleanse in order to protect a citizen of the sending State, minor or having limited capacity to contract or to ensure the protection of its assets located in the state of residence and which the citizen of the sending state cannot manage alone, for whatever reasons. 2. The consular officer may inform the competent authorities of the state of residence if he is aware of the situations referred to in paragraph 1 and has the right to propose the person to act as guardian or curator. + Article 25 Communication with citizens of the sending state The consular officer has the right to communicate with the citizen of the sending state, to give him assistance, to guide him and, in case of need, to provide him with legal assistance. The state of residence will in no way limit the possibilities of communication of citizens of the sending state with the consular office nor their access to this office. + Article 26 Communication with citizens deprived of liberty 1. The consular officer shall be informed, as soon as possible, but no later than 3 days, by the competent authorities of the State of residence, in connection with the detention, arrest or any other custodial measure, which concerns a citizen of the sending State in his constituency. 2. The consular officer has the right to visit and communicate with the citizen of the arrested sending state or who is subject to any other form of limitation of personal freedom or serving a custodial sentence and, as the case may be, undertake appropriate measures to ensure legal assistance and representation. The right to visit and communication is granted periodically and will be able to be exercised as soon as possible, without being able to be postponed after the 4-day period from the date of taking the measure of deprivation or limitation, in any form, of freedom personal. 3. The competent authorities of the state of residence shall inform the citizens concerned about their possibility to communicate with the consular officer. 4. The visits referred to in paragraph 2 of this Article shall take place in accordance with the laws and regulations of the State of residence. It is understood that these laws and regulations must not prevent the exercise of consular functions. + Article 27 Traffic accidents The competent authorities of the State of residence shall immediately inform the consular officer of all serious traffic accidents of the citizens of the sending State. At the request of the consular office they will provide them with the documents prepared by the competent bodies in relation to the road events involving a citizen of the sending state. + Article 28 death of a citizen The competent authorities of the State of residence shall inform the consular officer without delay of the death of a citizen of the sending State. At the request of the consular office they will provide free of charge the death certificate or a copy of another document confirming the death. + Article 29 Succession 1. The competent authorities of the state of residence shall inform the consular officer without delay about the opening in this state of a succession, following the death of a citizen of the sending State, as well as in relation to the opening of a succession, regardless of the nationality of the deceased person, which may be interested in a citizen of the sending State as heir, rightholder or legatee. 2. The competent authorities of the state of residence shall take the necessary measures, provided by the laws and regulations of this State, to preserve the succession and to transmit the consular copy of the will, if it was drawn up, as well as all the information available to them in connection with the rightholders, with their permanent or temporary residence, with the value and composition of the estate, including the amounts derived from social security, from other income or insurance policies. They will also inform about the date on which the succession procedure or the stage of this procedure is to be opened. 3. The consular officer is authorized to represent him directly or indirectly through his representative, before the courts or other competent authorities of the state of residence, the citizen of the sending state, who has his right which has claims to an open succession in the State of residence, where such an heir is absent or has not appointed a trustee. 4. The consular officer shall be entitled to request the competent authorities of the State of residence: a) take measures to preserve the succession, place or erect seals, including designate an administrator of the succession, and participate in such operations; b) to proceed with the sale of the goods which are part of the succession and to communicate the date fixed for this sale, so that he may be present. 5. At the time of the conclusion of the succession procedure or the other official formalities, the competent authorities of the state of residence shall inform the consular officer without delay and, after payment of debts, taxes and fees, shall allows, within 3 months, that the succession or personal property of the persons it represents is transmitted to the beneficiaries. 6. If the value of the succession is not important, the consular officer will be able to ask that the estate be remitted to him. He will, in this situation, have the right to transmit them to interested persons. 7. The consular officer shall be entitled to receive, in order to transmit to those concerned, the personal property and the values belonging to the citizens of the sending state, who do not reside in the state of residence, as well as their respective amounts with title of indemnity, pension, social security, salary rights or from insurance policies. 8. If a citizen of the sending State, who is not domiciled in the State of residence, has died during a temporary stay in this State, his assets must be protected by the competent authorities of the State of residence and transmitted, without a the special procedure, the consular officer of the sending State. The consular officer must cover the debts contracted by the deceased during his stay in the state of residence up to a level not exceeding the value of these goods. 9. The transfer of goods and assets in the sending state, in accordance with the provisions of this article, will be possible to comply with the legislation of the state of residence. + Article 30 Duties on ships 1. The consular officer shall be entitled to grant any assistance provided in this Convention to the vessels of the sending State and to the crews of such vessels, while in the territorial or inland waters of the State of residence, including in ports, as soon as these vessels have been admitted to free practice. It can benefit from the right of control and inspection of the ships of this state and their crews. For this purpose he can visit the ships of the sending state and receive the commanders and crews of these ships. 2. In carrying out all acts concerning the vessel of the sending State, the master or his crew, the consular officer may request the assistance of the competent authorities of the State of + Article 31 Rights of the ship and crew consular officer As regards the vessels of the sending State, the consular officer shall be entitled: a) without prejudice to the rights of the authorities of the State of residence, to question the master of the ship or any other member of the crew, to verify, to receive, to draw up or to sign any certificate or other documents on the ship, receive declarations on the ship, cargo or voyage, and issue the documents necessary to facilitate the entry, stay and exit of the vessel; b) intervene in order to resolve or facilitate the settlement, according to the law of the sending state, of any differences between the commander and the other crew members, including the differences on employment contracts and the conditions of work; c) participate in the installation or dismissal of the master or the enrolment of other crew members; d) take the necessary measures to ensure the hospitalization and repatriation of the master or any other crew member; e) provide support and assistance to the master of the ship or any other crew member in their relations with the courts and other authorities of the State of residence; f) take all appropriate measures to ensure discipline and order on board the ship. + Article 32 Intervention by the authorities of the State of residence 1. If a court or any other authority of the State of residence has the intention to arrest or detain them on board the ship of the sending State to the commander, another member of the crew, a passenger of this ship or another the person who is not a citizen of the State of residence, to seize a good on board or to hire an official investigation on board the ship, they must inform the consular officer in advance so that he can assist in the execution of such measures. If, due to the urgency of the measure, it was not possible to inform the consular officer or if he was not present at the execution of the measures, the authorities of the State of residence will inform, without delay and completely, the consular officer in link to the measures they have taken. The competent authorities of the State of residence will facilitate the visit of the consular officer to the arrested or detained person and his communication with it and ensure that appropriate measures are taken, aimed at protecting the interests of his ship's. 2. The provisions of paragraph 1 of this Article shall not apply to a common control carried out by the authorities of the State of residence in respect of passports, customs, public health, pollution of the sea and the defence of human life at sea or in the case of any other endeavour undertaken at the request or with the consent of the master + Article 33 Ship's damage or shipwreck 1. If a ship of the sending State shipwrecks, is damaged, fails, is washed ashore or suffers any other damage in the territorial or inland waters of the State of residence, including in ports, the competent authorities of that State shall shall, without delay, inform the consular officer about it. 2. In the cases listed in paragraph 1 of this Article, the competent authorities of the State of residence shall, according to the laws of the State of residence, take the necessary measures to organize the rescue and protection of the ship, the passengers, the equipment of the vessel, cargo, supplies and other objects on board and also to avoid any damage to the goods, as well as to prevent the disordered on board or to remove them. These measures will also be taken against objects that are part of the ship or its cargo and which have been thrown overboard, informing the consular officer about the measures taken. These authorities will help the consular officer so that he can take all measures to remove the consequences of damage, failure or shipwreck. 3. When a shipwrecked ship of the sending State, its equipment, its cargo, supplies or any other objects that were on board were found on the shore of the State of residence or near it or are brought to the port of this State and where neither the master of the vessel, nor his trustee, nor the shipping agent, nor the insurance representative is present or can take the necessary conservation or management measures, the consular officer shall be authorised to take the measures that the owner himself would have taken them for the same purpose if they were present. 4. The consular officer may also take the measures provided for in paragraph 3 of this Article and when an object belonging to a citizen of the sending State and coming from board or cargo of a ship, regardless of Her nationality, was brought to a port or was found on shore or near the shoreline on a damaged, beached or wrecked ship. The competent authorities of the State of residence must inform the consular officer of the existence of such an object without delay. 5. The consular officer has the right to participate in the open investigation to determine the causes of damage, failure or shipwreck, conforming to the laws and regulations of the state of residence. + Article 34 Death or disappearance of a crew member 1. If the master or any other member of the crew of a vessel of the sending State has died or is missing in the State of residence, on board his ship on land, the master or his replacement, as well as the consular officer of the State the trimmer are the only competent to make the inventory of objects, values or other goods left by the deceased or to disappear and to carry out the necessary steps to preserve and transmit them in order to liquidate the succession. If the deceased or the missing is a citizen of the State of residence, the master or his replacement shall draw up the inventory at the time of finding the death or disappearance and remit a copy of this inventory to the authorities of the State of residence powers to take the necessary steps to preserve the goods and, if necessary, to liquidate the succession. These authorities will inform the consular office of the sending state about their steps. 2. If a consular officer exercises the inheritance rights provided for in paragraph 1 of this article, he must comply with the laws and regulations of the state of residence. + Article 35 Air navigation The provisions of this Convention shall also apply to the aircraft of the sending State, provided that their application does not contravene the provisions of bilateral or multilateral conventions in the field to which the Contracting States are a party. + Article 36 Consular fees 1. The consular office may charge on the territory of the state of residence fees for consular services rendered, according to the laws and regulations of the sending state 2. The amounts charged for the consular services provided, referred to in paragraph 1 of this Article, shall be exempted from any taxes and duties in the State of residence. + Article 37 Forwarding The consular officer has the right to transmit judicial or extrajudicial acts and to take interrogations, in accordance with the agreements in force between the contracting parties, and in the absence of such agreements, in a manner compatible with the laws and with State of residence regulations. This right can only be exercised towards the citizens of the sending State and without applying means of coercion. + Article 38 Other consular functions The consular officer may perform any other consular functions entrusted to him by the sending State, if they are not contrary to the laws and regulations of the State of residence or if the State of residence does not object to their fulfilment. + Chapter 4 Facilities, privileges and immunities + Article 39 Facilities granted to the consular office The State of residence shall grant the consular office any facilitation for the exercise of its consular functions and shall take the necessary measures so that the members of the consular office can carry out their official duties and benefit from the privileges and immunities provided for in this Convention. + Article 40 Use of the flag and national coat of arms The sending State shall have the right to use in the state of residence its national flag and shield with the state coat of arms, according to the provisions of this Article: a) the national flag of the sending State may be flown on the building intended as the seat of the consular office, on the residence of the head of the consular office and on his means of transport when they are used in the official interest; b) the coat of arms of the sending state and the name of the consular office, written in the language of this state and in that of the state of residence, can be placed on the building of the consular office and on the residence of the c) in the exercise of the right granted by this article, the laws, regulations and usages of the state of residence shall be taken into + Article 41 Housing and housing The state of residence supports the sending state, within its laws and regulations, to procure the premises necessary for the consular office and, in case of necessity, convenient housing for the members of the consular office. + Article 42 Acquisition of land and buildings 1. The sending State shall be entitled, within the laws and regulations of the State of residence: a) to purchase buildings or parts of buildings, intended for the offices of the consular office, the residence of the head of the consular office or the homes of the other members of the b) to build or arrange for the same purposes the buildings purchased. 2. The provisions of paragraph 1 of this Article shall not absolve the sending State from the obligation to comply with the regulations and restrictions on construction, urbanism, protection of architectonic assemblies and monuments, applicable on the territory where the buildings or parts of buildings intended for consular premises are located. + Article 43 Inviolability of consular premises and residence of the head of the consular office 1. Consular locations and residence of the head of the consular office are inviolable. The authorities of the State of residence may not enter these premises except with the consent of the head of the consular office, the head of the diplomatic mission of the sending State or the person designated by one of them. 2. The State of residence has a special obligation to take all necessary measures to prevent the violation or damage of consular premises, the residence of the head of the consular office and to prevent the disturbance of the consular office impairment of his dignity. + Article 44 Exemption from requisition The consular premises, the residence of the head of the consular office, the furniture and the goods of the consular office, as well as the means of transport cannot be subject to any form of requisition for national defence or public utility purposes. If an expropriation is necessary for these purposes, all appropriate measures will be taken to avoid preventing the exercise of consular functions, and the sending State will be promptly paid an allowance. adequate and effective. + Article 45 Tax exemption of consular premises and means of transport 1. The consular premises and the residence of the head of the consular office, whose owner or lessee is the sending State or any person acting on behalf of this State, shall be exempt from taxes and duties of any kind, national, regional or communal, except for fees charged as remuneration for specially provided services. 2. The tax exemption provided for in paragraph 1 of this Article shall not apply to those taxes and duties which, according to the laws and regulations of the State of residence, fall to the person who contracted with the sending State or the person who act on behalf of this state. 3. The provisions of this Article shall also apply to the means of transport used for the needs of the + Article 46 Inviolability of archives and consular documents The archives and consular documents are inviolable at any time and in any place you would find. + Article 47 Freedom of communication 1. The State of residence allows and protects the free communication of the consular office for any official purposes. Communicating with the government, diplomatic missions and other consular offices of the sending state, wherever they are found, the consular office can use all the right means of communication, including diplomatic or consular couriers, suitcase. diplomatic or consular and messages in clear or cipher. However, the consular office may not install and use a radio station except with the consent of the State of residence. 2. The official correspondence of the consular office is inviolable. The official correspondence shall mean all correspondence relating to the consular office and its functions. 3. Consular suitcase can neither be open nor retained. However, if the competent authorities of the State of residence have serious grounds to believe that the suitcase contains items other than the correspondence, documents and objects referred to in paragraph 4 of this Article, they may require that the suitcase be opened. in their presence by an authorised representative of the sending State. If the sending authority refuses to satisfy the request, the case shall be returned to the place of origin. 4. The packages constituting the consular suitcase must bear visible external signs of their character and may contain only official correspondence and documents or objects intended exclusively for official use. 5. The consular courier must possess an official document stating its quality and specifying the number of parcels constituting the consular suitcase. Unless the State of residence consents to it, he must not be either a citizen of the State of residence or, unless he is a citizen of the sending State, a person with permanent residence in the State of residence. In the exercise of his functions this courier is protected by the State of residence. He enjoys the inviolability of the person and cannot be subjected to any form of arrest, detention or other form of limitation of personal freedom. 6. Consular suitcase may be entrusted to the master of a ship or aircraft to arrive at an authorised entry point. The master must bear an official document indicating the number of parcels constituting the suitcase, without him being considered a consular courier. Through an arrangement with the competent local authorities, the consular office may send one of its members to take the suitcase, directly and freely, from the master of the ship or aircraft and to surrender it in the same manner. + Article 48 Protection of consular officials The State of residence will treat consular officials with due respect and will take all necessary measures to prevent any harm to their person, freedom and dignity. + Article 49 Immunity from jurisdiction and personal inviolability of the head of the consular office 1. The head of the consular office shall not be subject to criminal, civil and administrative jurisdiction of the State of residence. These provisions shall not apply in the case of civil action: a) resulting from the conclusion of a contract that the head of the consular office did not expressly or implicitly make on behalf of the sending state; b) filed by a third party for damages resulting from an accident caused in the state of residence by a vehicle, a ship or an aircraft. 2. The person's head of the consular office is inviolable No enforcement action can be taken against it, apart from the cases referred to in lett. a) and b) of paragraph 1 of this Article and only if the execution can take place without prejudice to the inviolability of his person or dwelling. + Article 50 Immunity from jurisdiction and personal inviolability of members of the consular office 1. Consular officials, consular employees and service staff members shall not be subject to the criminal, civil and administrative jurisdiction of the State of residence for acts performed in the exercise of their official duties. 2. However, the provisions of paragraph 1 of this Article shall not apply in the case of civil action: a) resulting from the conclusion of a contract, made by a consular officer, consular employee or a member of the service staff, which he did not expressly or implicitly conclude on behalf of the sending State; b) filed by a third party for damages resulting from an accident caused in the state of residence by a vehicle, a ship or an aircraft. 3. The consular officer may not be subject to the activities carried out outside the duties related to the quality he has: a) preventive detention or detention measures only in the case of the commission on the territory of the State of residence of a crime for which a custodial sentence of at least 5 years is provided and only as a result of a decision of the competent judicial authorities of the State of residence; b) other custodial measures than in the case of the execution of a final court decision. 4. When a criminal procedure is committed against a consular officer, he is obliged to appear before the competent authorities of the state of residence. In such a case the procedure must be opened within the shortest possible time. It must be conducted with due consideration to the consular officer, having regard to his official position and, except as provided for in paragraph 3 of this Article, so as to make the exercise as little as possible consular functions. 5. In the event of the taking of custodial or prosecution measures against a consular officer or a member of his family, a consular employee or a member of the service staff, the competent authorities of the State of the residence will inform about it, without delay, the head of the consular office of the sending state. 6. The provisions of this Article on consular officials shall not apply to the head of the consular office. + Article 51 Obligation to submit as a witness 1. Members of the consular office may be called to submit as witnesses to the judicial authorities or other competent authorities of the state of residence. However, no coercive measure or any other sanction can be taken from the consular officials. The consular employee and the service staff member shall not refuse to submit as a witness if they are not in the situation referred to in paragraph 3 of this Article. 2. The authority requesting the testimony must avoid preventing the consular officer from performing his functions. She may obtain the testimony at his residence, at the consular office or accept a written statement from him, whenever this is possible. 3. The members of the consular office shall not be obliged to testify about the facts related to the exercise of their functions and to present correspondence and official documents relating thereto. They also have the right to refuse to testify as experts on the law of the sending state. + Article 52 Waiver of privileges and immunities 1. The sending state may waive the privileges and immunities provided in art. 49-51. The waiver must be express and be communicated in writing to the authorities of the State of residence. 2. If a member of the consular office commits a procedure in a matter in which he would benefit from immunity from jurisdiction, he may not invoke immunity from jurisdiction over any counterclaim directly related to the main application. 3. Renunciation of immunity from jurisdiction for a civil or administrative action is not considered waiver of immunity in respect of measures for the execution of a decision for which an express waiver is required. + Article 53 Exemption from personal and real benefits The State of residence shall exempt the members of the consular office from any personal benefits and any services of public interest, regardless of their character, as well as military duties, such as requisitions, contributions and artisans. Military. + Article 54 Exemption from the registration obligation of foreigners Consular officials and consular employees, as well as their family members who live with them are exempt from all obligations provided by the laws and regulations of the state of residence in terms of registration of foreigners, of permits of residence and other formalities concerning foreigners. + Article 55 Tax exemption 1. The consular officer, the consular employee, as well as the members of their families shall be exempt from any taxes and duties, personal and real, national, regional and communal, except: a) indirect taxes, normally incorporated in the price of goods or services; b) taxes and duties on private property, located on the territory of the state of residence, subject to the provisions of art. 45 45; c) the rights of succession and mutation, perceived by the state of residence, subject to the provisions of art. 57 57; d) taxes and duties on any kind of private income that have their source in the state of residence; e) the rights perceived as remuneration of the private services provided; f) registration, graft, mortgage and stamp duties, subject to the provisions of art. 45. 2. Service staff members are exempt from taxes and fees on the salaries they receive for their services. 3. Members of the consular office who employ persons whose fees or salaries are not exempt from income tax in the state of residence must comply with the obligations that the laws and regulations of this state impose in matters of perception of income tax. + Article 56 Exemption from customs duties and customs control 1. In accordance with its laws and regulations, the State of residence authorizes entry and exit and grants relief from any customs duties and other related royalties, except for storage, transportation and expenses expenses. on similar services, for: a) objects intended for the activity of consular office b) the personal items of the consular officer and members of his family living with him, including the effects intended for his installation. Consumer articles shall not exceed the quantities required for their direct use by those concerned. 2. The consular employee shall benefit from the privileges and exemptions provided for in paragraph 1 lit. b) of this Article in respect of imported items on the occasion of its first installation. 3. The consular officer and his family members shall be exempted from the control of the personal baggage, if there are no serious reasons to assume that it contains objects that do not benefit from the exemptions referred to in paragraph 1 lit. b) of this article or objects whose import or export is prohibited by the laws of the state of residence or by its quarantine regulations. In such a case the control can only be done in the presence of the consular officer or a member of his family. + Article 57 Succession of a member of the consular office or of a member of his/her family In the event of death of a member of the consular office or of a member of his family living with him, the State of residence shall be obliged to: a) permit the export of the movable property of the deceased, with the exception of those which were acquired in the State of residence and which are subject to export prohibition at the time of death; b) not to charge national, regional or communal duties of succession or mutation on movable property whose situation in the state of residence was solely due to the presence in this state of the deceased as a member of the consular office or Member of the family of a member of the consular office. + Article 58 Freedom of movement Subject to laws and regulations relating to areas where access is prohibited or regulated for reasons of national security, the State of residence shall provide all members of the consular office with freedom of movement and movement on its territory. + Article 59 Providing means of transport The means of transport, property of the sending state, intended for the use of the consular office or which are property of the members of the consular office, must be the subject of compulsory insurance. + Article 60 Privileges and immunities of family members Family members of the members of the consular office shall, accordingly, benefit from the privileges recognized to the latter, provided they are not citizens of the State of residence, do not reside and do not exercise any activity of a nature lucrative in this state. + Article 61 Persons who do not enjoy privileges and immunities 1. Consular employees and members of the service staff, who are citizens of the state of residence or are domiciled in this state, do not benefit from the privileges and immunities provided in this Convention, except for the provisions of art. 51 51 paragraph 3. 2. However, the State of residence must exercise its jurisdiction over the persons referred to in paragraph 1 of this Article in such a way that it does not impede the exercise of the functions of the consular office + Chapter 5 General and final provisions + Article 62 Compliance with state of residence laws and regulations 1. All persons enjoying privileges and immunities, by virtue of this Convention, shall be bound by the laws and regulations of the State of residence, without their privileges and immunities being prejudiced. 2. Consular venues shall not be used inconsistently with the exercise of consular functions. + Article 63 Exercise of consular functions by the diplomatic mission 1. The provisions of this Convention shall also apply if the consular functions are exercised by the diplomatic mission. 2. The names and surnames of the members of the diplomatic mission affected by its consular service will be notified to the ministry of foreign affairs of the 3. The members of the diplomatic mission referred to in paragraph 2 of this Article shall continue to benefit from the privileges and immunities conferred upon them by diplomatic status. + Article 64 Ratification and entry into force 1. The present Convention shall be subject to ratification and shall enter into force on the 30th day following the date of the last notification, by diplomatic means, regarding the fulfilment of the legal procedure for its entry into force. 2. This Convention shall be concluded for an indefinite period. It can be denounced, by written notice, by any contracting party. In this case, she will cease her validity after 6 months from the date of denunciation. As the powers of the Contracting Parties have signed this Convention and applied the seals. Signed in Tbilisi on July 1, 1998, in two original copies, each in Romanian, Georgian and English, all texts having the same value; in case of divergence of interpretation, the text in English will prevail. For Romania, Mihai-Razvan Ungureanu For Georgia, Irakli Menagarishvili ------------