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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071544/-lege-nr.-56-din-15-aprilie-1999-pentru-ratificarea-conveniei-consulare-dintre-romnia-i-georgia%252c-semnat-la-tbilisi-la-1-iulie-1998.html

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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 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 174 of 23 April 1999, the Romanian Parliament adopts this law.


The sole article Shall ratify Consular Convention between Romania and Georgia, signed in Tbilisi on 1 July 1998.
This law was adopted by the Senate at its meeting on 22 February 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T this law was adopted by the Chamber of deputies at its meeting of 29 March 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU CONSULAR CONVENTION BETWEEN ROMANIA and GEORGIA, Romania and Georgia, hereinafter referred to as the Contracting Parties, animated by the desire to develop the traditional friendly ties between the two countries, the decision to place the reafirmand at the base of their relations, cooperation and mutual assistance, in accordance with the principles of mutual respect for the political independence, sovereignty and territorial integrity, non-interference in internal affairs , equality in rights, decided to regulate and promote their consular relations in compliance with international commitments, have decided to conclude this Convention on consular and have agreed as follows: chapter I Definitions Article 1 Definitions 1. In this Convention the expressions below shall have the following meaning: a) through consular means any consulate-general, Consulate, or consular agency viceconsulat;
  

b) consular district means the territory assigned to a consular post for the exercise of consular functions;
  

c) by head of consular post means the person authorized to act in this quality;
  

) consular officer means any person, including the head of the consular post, entrusted to exercise consular functions;
  

consular) employee means any person employed in the administrative or technical services of the consular post;
  

f) by service personnel means any person employed in the domestic service of a consular post;
  

g) by members of the consular post means consular officers, consular employees and members of service staff;
  

h) through particular staff member means a person employed exclusively in the private service of a member of the consular post;
  

I) through family member means the husband/wife, children, Member of the consular post and its parents, provided that these people to live together and to be dependent on the Member of the consular post;
  

j) through the consular premises means the buildings or parts of buildings and the land plot which, regardless of whom owned, are used exclusively for the consular post;
  

k) through the consular archives means all papers, documents, correspondence, books, films, the technical means for the collection and use of information, consular registers, and cipher material, files and furniture, designed to protect and conserve them;
  

l) means any vessel by means of civil navigation that is entitled to fly the flag of trimiţător according to its laws, with the exception of naval vessels;
  

m) by aircraft is any device recorded in civil flight trimiţător and State which has the right to use the insignia of the record of this State, except the military apparatus.
  

2. the provisions of this Convention relating to citizens of the State of trimiţător shall apply, as appropriate, where the context admits, the legal persons which are established in accordance with the laws of the State of trimiţător and which have their registered office in that Member State.


Chapter 2 Establishment of consular posts and appointing members of the consular posts Article 2 establishment of a consular post 1. Trimiţător State may set up a consular office in the State of residence only with the consent of that State. The seat of the consular post, rank and his consular district shall be determined by the State of trimiţător and are subject to approval by the State of residence. Trimiţător State can bring subsequent changes to the headquarters of consular rank, or only with the consent of consular district of the State of residence.


Article 3 appointment of the head of the consular office and entry 1. Head of the consular post it is called trimiţător and the State allowed for exercising its functions by the State of residence.
2. subject to the provisions of this Convention, the procedures for the nomination and admission of the consular post shall be determined by the laws, regulations and practices of the trimiţător State and the State of residence.


Article 4 notification of appointment of consular or Patent 1. Trimiţător issued by the Chief of State consular post a document in the form of a patent or similar act, completed for each appointment, certifying its quality and, as a general rule, first and last name, category and class, the consular district and seat of the consular office.
2. trimiţător State Government of the State of residence shall transmit, diplomatically or any other suitable way, consular or similar Patent Act.


Article 5 Exequaturul 1. Head of the consular office is permitted to perform their duties through an authorization of the State of residence, known as exequatur, whatever its form.
2. The State which refuses to issue an exequatur is not obliged to state reasons for the refusal to communicate or trimiţător.
3. subject to the provisions of article 7. 6 and 8, the head of the consular office is unable to exercise his functions until exequaturului.


Article 6 Provisional Admission of consular exequaturului up to release the head of the consular post may be admitted provisionally, to perform their duties. In this case the provisions of this Convention are applicable to it.


Article 7 Exercise temporarily the head of the consular functions 1. If the head of the consular office is prevented from exercising his functions or if the post is vacant, or an interim subaudition may act provisionally as head of the consular office.
2. Name and surname are notified to the interim gerantului Ministry of Foreign Affairs of the State of residence or of the designated authority of this Ministry by the diplomatic mission of the State trimiţător or, in the absence of a diplomatic mission of this State in the State of residence, by the head of the consular post or, where it is prevented to do so by any competent authority of the Member State trimiţător. In general, this notification must be made in advance. The State of residence may be made conditional upon the granting of consent or for admission as a person subaudition interim quality of its diplomatic agent or consular officer of the State of trimiţător in the State of residence.
3. the authorities of the State of residence must grant assistance and protection to the interim gerantului. Its provisions during the period gerantei of this Convention are applicable to the same extent as head of consular post concerned.
4. If, in the circumstances referred to in paragraph 1 of this article, a member of the diplomatic staff of the diplomatic mission or a representative of the Ministry of Foreign Affairs of the State of trimiţător is called by the State as an interim it subaudition continues to benefit from the privileges and immunities of diplomatic missions.


Article 8 Notification to the authorities of the consular district as soon as head of the consular office was admitted, even provisionally, to perform their duties, the State of residence shall be obliged to immediately notify the competent authorities of the consular district and will take the necessary measures to enable it to carry out its functions and to benefit from the provisions of this Convention.


Article 9 nationality of consular officials consular officers can only be trimiţător State citizens, who have no domicile in the State of residence.


Article 10 the exercise of consular functions in a third State trimiţător State may, after notification to the interested States made and only if none of these does not oppose expressly entrusted to a post set up in the State of residence of the exercise of consular functions in another State.


Article 11 the exercise of consular functions in respect of a third State After the corresponding notification is made of the State of residence and if he does not oppose a consular office of the State trimiţător can exercise in the State of residence of the consular functions for a third country.


Article 12 honorary consular officers 1. Each of the two Contracting Parties may appoint honorary consular officials and receive in their bilateral relations, applying their provisions in terms of cap. (III) of the Vienna Convention regarding consular relations since 1963 and, where the context so permits, the provisions of this Convention.
2. honorary consular officers may have the citizenship of the State trimiţător, the State of residence or to a third country.


Article 13 Notification by the State of residence of the arrivals and departures trimiţător notify the State in writing to the Ministry of Foreign Affairs of the State of residence: (a) a member of the arrival) consular office, his departure is final or the cessation of the exercise of its functions and any other changes pertaining to his status, which occurred during the service or to the consular post;
  


(b) the arrival and final departure) of a family member of the Member of the consular post and, where appropriate, the fact that a person becomes or ceases to be a member of his family;
  

(c) the arrival and final departure) of a particular staff member, and its termination in this quality;
  

d) hiring and dismissal of persons residing in the State of residence, which have the status of members of the consular post or of particular staff members entitled to avail themselves of the privileges and immunities.
  


Article 14 identity documents 1. The authorities of the State of residence will be issued, free of charge, every consular officer with a document that certifies the quality, identity and mentioning function performs.
2. The provision in paragraph 1 of this article shall apply also to the members of the family of the consular officer, as well as consular employees, members of the service staff, private personnel and members of their families, provided that such persons are not citizens or residents of the State of residence in that State.


Article 15 Cessation of functions of a member of the consular post 1. The functions of a member of the consular post shall cease in particular by: (a) the notification of termination of its functions), made of the State of residence of the trimiţător;
  

b) withdrawal exequaturului;
  

c) notification by the State of residence of the trimiţător State as he stopped to consider the person in the case of a member of the consular post.
  

2. the State of residence may, at any time and without being required to substantiate its decision, notify the trimiţător State, diplomatically, that withdrawing exequaturul released the head of consular post or as another consular officer has been declared persona non grata or as another Member of the consular post has become unacceptable. In such a situation trimiţător State will recall the person concerned, if it has already entered in the exercise of its functions. If the State doesn't take trimiţător recall in a reasonable State of residence may cease to regard the person as a member of the consular post.


Chapter 3 article 16 Order Consular Functions functions of consular consular officer favors, by all means, the development of economic relations, trade, cultural, scientific and tourist of the trimiţător State and the State of residence, in any other way, the friendly relationship between the trimiţător and the State of residence, defend and protect in the State of residence of the rights and interests of the State and its citizens trimiţător.


Article 17 communication with State authorities of residence 1. Consular officer exercising consular functions in Vienna. However, in exceptional cases, it may exercise its functions and in addition to this, with the consent of the State constituencies of the capital city.
2. In exercising its functions can address consular officer: (a) the competent local authorities) from the consular district;
  

b) central authorities of the State of residence, to the extent that this is permitted by the laws, regulations and practices that State and to international agreements.
  


Article 18 Representation in addition to international organizations After the notification made by the resident State consular officer may act as a representative of the State of trimiţător in addition to the international organizations which have their headquarters in the State of residence.


Article 19 representation of citizens in the courts of the State of residence 1. Consular officer shall be entitled, subject to the practices and procedures in force in the Member State of residence, to represent the citizens of the State trimiţător or to take appropriate measures for the purpose of representation in the courts or other authorities of the State of residence, to request, in accordance with 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 any other cause, cannot occur in a timely manner, the rights and interests.
2. the Representation referred to in paragraph 1 of this article shall end at the time that the represented person appoint trustee times its secure itself rights and interests.


Article 20 the registration of citizens of the State of trimiţător, the issue of passports and visas consular officer has the right to register: (a) citizens of the State) trimiţător are located in the State of residence;
  

b) to issue passports to citizens of the State of trimiţător or other travel document, extended its validity to them, make changes to or cancel them;
  

c to grant visas).
  


Article 21 Functions relating to marital status 1. Head of the consular post shall have the right to conclude marriage, provided that the prospective spouses to have citizenship of the State of trimiţător. The competent authorities shall inform the consular post of the Member State of residence in connection with marriages entered into, if the legislation of the State of residence so requires.
2. consular officer has the right to register marriages, having newborn deaths and trimiţător State citizens and to issue appropriate documents or to receive communications and documents concerning having newborn, marriages or deaths of citizens of this State. these provisions do not, however, exonerates the State trimiţător citizens from the obligation to comply with the laws of the State of residence in respect of the registration of births, marriages and deaths.
3. the competent authorities of the Member State of residence shall transmit the consular office, for official purposes, upon request and free of charge, copies and extracts from documents of civil status of citizens of the State of trimiţător.


Article 22 notarial Functions 1. Consular officer has the right to receive: a), to establish and authenticate the statements State trimiţător citizens;
  

b) to receive, to establish and authenticate the provisions of last wills and other documents relating to unilateral legal acts of State trimiţător citizens, drawn up in accordance with the laws of that State;
  

c) to legalize the signatures and seals on documents issued to citizens of the State of trimiţător, the authorities of that State;
  

d) to legalize the babies and extracted from the records at the request of the citizens of the State of trimiţător;
  

e) to carry out and legalize translations of documents to be submitted by the citizens on State trimiţător;
  

f) to draw up and to authenticate contracts concluded between trimiţător State citizens, if they do not relate to the establishment, transfer or extension of rights in rem over immovable property situated in the State of residence;
  

g) to legalize or to issue, in accordance with the legal provisions of the State trimiţător, certificates of origin of the goods or other similar documents.
  

2. the documents referred to in paragraph 1 of this article, drawn up, certified or authenticated by consular officer, shall be considered as valid official documents have the same probanta force and produce the same legal effects as the documents drawn up, certified or authenticated by the authorities of the State of residence.


Article 23 Receiving warehouse 1. Consular officer shall be entitled to receive in deposit the documents, money and valuables, entrusted by the citizens of the State trimiţător State law permitted residence.
2. consular officer also has the right to receive, transmit them to their owners, lost items of trimiţător State citizens during their stay in the State of residence.


Guardianship and curatorship article 24 1. The authorities of the State of residence shall inform the consular post wherever it is necessary to establish guardianship or curatorship to protect a citizen of the State of trimiţător, minor or limited capacity to contract or to ensure the protection of its State-owned assets of resident and citizen of the trimiţător State cannot manage them alone regardless of the reasons.
2. consular officer may inform the competent authorities of the Member State of residence if he has knowledge about the circumstances referred to in paragraph 1 and shall have the right to propose the person to act as guardian or curator.


Article 25 communicating with citizens trimiţător State consular officer has the right to communicate with the citizen of the State trimiţător, to assist them, guide him and, if necessary, to provide legal assistance. The State of residence will not in any way limit the possibilities for communication of citizens with trimiţător State consular post nor their access to this Office.


Article 26 Communication with citizens deprived of liberty 1. Consular officer will be informed, as soon as possible, but no later than three working days, the competent authorities of the Member State of residence, in connection with the detention, arrest or any other measure involving deprivation of liberty, which concerns a citizen of the State of trimiţător located in his constituency.

2. consular officer has the right to visit and communicate with the citizen of the State of trimiţător arrested or subjected to any other restriction of personal liberty or who run a penalty involving deprivation of liberty and, if necessary, to take appropriate steps to ensure the legal assistance and representation. The right to visit and communication shall be paid periodically and will be pursued as quickly as possible, without having to be postponed after the expiry of 4 days from the date of taking the measure of deprivation or limitation, in any form of personal freedom.
3. the competent authorities of the Member State of residence shall inform the citizens about the 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 hinder the exercise of consular functions.


Article 27 Traffic Accidents competent authorities of the Member State of residence shall inform the consular officer immediately on all serious accidents of circulation of citizens of the State of trimiţător. At the request of the consular post they will make available the documents drawn up by the competent authorities in connection with the events in road which was a citizen of the State of trimiţător.


Article 28 the competent authorities in the death of a citizen of the State of residence shall inform it without delay on the consular officer in connection with the death of a citizen of the State of trimiţător. At the request of the consular post they will make available free death certificate or a copy of any other document confirming the death.


Article 29 Competent 1. The competent authorities of the Member State of residence shall inform it without delay on the consular officer about the opening in that State of a sequence as a result of the death of a citizen of the State of trimiţător, as well as in connection with the opening sequence, irrespective of the nationality of the deceased person, who may be interested in a trimiţător State citizen as heir, rightholder or legatar.
2. the competent authorities of the Member State of residence shall take the necessary measures, as provided for by the laws and regulations of that State, to preserve the succession and to transmit a copy of its consular officers will, if it has been drawn up, as well as all the information they have at their disposal in connection with rights holders, with their permanent or temporary place of residence, the amount and the succession including sums arising from social security, other income or from insurance policies. They will also inform about the date to open the succession procedure or about the stage of this procedure.
3. consular officer is authorized to represent, directly or indirectly through the representative or, in the courts or other competent authorities of the Member State of residence of a citizen of the State, on trimiţător, entitled or claims to the succession in the State of residence, where this heir is absent or has not appointed a procedural representative.
4. consular officer has the right to ask the competent authorities of the Member State of residence: to take steps) to the preservation of the estate, to put or to raise seals, including to appoint an administrator of the estate, as well as to participate in such operations;
  

b) to do when selling goods forming part of the estate and to communicate the date fixed for this sale, so he could be present.
  

5. at the time of closure of the inheritance or other formalities, the competent authorities of the Member State of residence shall inform it without delay on the consular officer and, after payment of debts, taxes and taxes, will make it possible, within a period of 3 months, as the personal property of the succession or persons they represent to be submitted by recipients.
6. If the value of the estate is not the importance, the consular officer will be able to request that the goods be delivered to inheritance. He will have in this situation, the right to forward them to the persons concerned.
7. the consular officer has the right to receive, in order to forward them to those interested, personal property and values belonging to trimiţător State citizens, who do not reside in the State of residence, as well as their amounts under pecuniary compensation, pension, insurance, salary or entitlements arising from insurance policies.
8. If a citizen of the State of trimiţător, who is not domiciled in the State of residence, died during a temporary stays in this State, his property shall be protected by the competent authorities of the Member State of residence and passed without a special procedure, the consular officer of the State of trimiţător. Consular officer has to cover the debts incurred by the deceased during his State of residence up to a level not exceeding the value of those goods.
9. Transfer of goods and assets in trimiţător State, in accordance with the provisions of this article, you'll be able to do with compliance with the laws of the State of residence.


Article 30 Powers concerning ships 1. Consular officer shall be entitled to give any kind of assistance provided for in this Convention ships trimiţător and State crews of these vessels, the period in which they are located in the territorial waters or the Interior of the State of residence, including in ports, as soon as these ships were admitted to the free practice. He can benefit from the right of control and the inspection vessels and their crews. For this purpose he may visit trimiţător and State vessels may receive such ships crews and commanders.
2. In the performance of all acts concerning State trimiţător, Commander of the ship or crew, the consular officer may request the assistance of the competent authorities of the Member State of residence.


Article 31 Rights to consular officers on the ship and the crew in terms of ships, trimiţător State consular officer has the right to: a) without prejudice to the rights of residence, State authorities to question the ship's Commander or on any other Member of the crew, to check, to receive, to draw or to sign any certificate or other documents relating to the ship, to receive representations about the ship trip, or load, and to issue the necessary documents in order to facilitate the entry, stay and exit of the vessel;
  

b) to intervene in settling or facilitating the settlement, in accordance with the laws of the State of trimiţător, any disputes between the master and the other members of the crew, including disputes relating to contracts of employment and working conditions;
  

c) to participate in the installation or the dismissal of the Commander or other members of the crew's enlistment;
  

(d) to take appropriate action) in order to ensure the hospitalization and repatriation of the master or of any other Member of the crew;
  

(e) to assist and) assistance of the master of the vessel or any other Member of the crew in their relations with the courts and other authorities of the Member State of residence;
  

f) to take all appropriate measures to ensure discipline and order on board.
  


Article 32 the intervention of State authorities of the residence on board vessels 1. Where a court or any other authority of the Member State of residence intend to arrest or detained them aboard trimiţător's State Commander, another crewman on a passenger of this vessel or another person who is not a citizen of the State of residence, to apply on a good seizure on board or to hire an official investigation aboard the ship they must inform, in advance, on consular officer, so that he can assist in the execution of such measures. If, by reason of the urgency of the measure, it was not possible to be informed or consular officer if he had not been present at the execution of the measures, the authorities of the State of residence shall inform without delay and complete consular officer in connection with the measures they have taken. The competent authorities of the Member State of residence shall facilitate the consular officer to visit the person arrested or detained, and his communication with this and will ensure that appropriate measures are taken, aimed at protecting the interests of the person or ship.
2. The provisions of paragraph 1 of this article shall not apply in the case of a common control carried out by the authorities of the State of residence in passport, customs, public health, sea pollution and the protection of human life at sea or in the case of any other initiative undertaken at the request or with the consent of the master of the vessel.


Article 33 Damage or wreck the ship 1. If a ship is shipwrecked, trimiţător State damaged, fails, is thrown on the shore or suffer any damage in the territorial waters of the State of times the residence, including in ports, the competent authorities of that State shall notify, without delay, on the consular officer in connection therewith.

2. In the cases referred to in paragraph 1 of this article, the competent authorities of the Member State of residence shall take, in accordance with the laws of the State of residence, necessary measures to organize the rescuing and protecting the vessel, passengers, crew, cargo, ship's equipment, supplies and other items on board and also to avoid any damage relating to the goods, as well as to prevent mass disorders on board or to remove them. These measures shall be taken, and also against objects that are part of the ship or of its load and were thrown overboard, informing him on the consular officer of the measures taken. These authorities will help the consular officer in order that he may take all measures for removing the damage, stranding relief or foundering.
3. When a ship of State naufragiata trimiţător, equipment or supplies, its cargo, or any other objects which were on Board have been found on the coast of the State of residence or in the proximity of the port are brought into this State and when no boatmaster, the trustee nor or nor the agent nor the maritime insurance representative is not present or is unable to take the necessary measures of conservation or management , the consular officer is authorized to take such action as the owner himself would be taken for the same purpose, if it were present.
4. consular officer can also take measures referred to in paragraph 3 of this article, and when an object belonging to a citizen of the State of trimiţător and coming aboard a ship or in cargo, regardless of her nationality, was brought into a port or was found on the shore near the shoreline of times on a damaged ship failed, or naufragiata. The competent authorities of the Member State of residence shall notify, without delay, on the consular officer about the existence of such an object.
5. the consular officer has the right to participate in the open investigation to determine the causes of the damage, stranding or foundering, complying with the laws and regulations of the State of residence.


Article 34 the death or disappearance of a crew member 1. If the master or any member of the crew of a ship of State trimiţător has died or is reported missing in the State of residence, on the ship or ashore, Commander or replacement or as well as consular officer of the State trimiţător are the only ones competent to do the inventory objects, values or other property left by deceased or disappeared and to undertake necessary arrangements for their transmission and conservation with a view to the liquidation of the succession. If the deceased or disparutul is a citizen of the State of residence, the master or the inventory shall be drawn up at the time, or the finding of death or disappearance, and submit a copy of this inventory to the competent authorities of the State of residence to perform the necessary steps to preserve the goods and, where necessary, for the liquidation of the succession. Those authorities shall inform the consular post of the State trimiţător in connection with their steps.
2. Where a consular officer to exercise the rights referred to successions in paragraph 1 of this article, it shall comply with the laws and regulations of the State of residence.


Article 35 air navigation provisions of this Convention apply properly and trimiţător State aircraft, provided that their application does not contravene the provisions of bilateral or multilateral conventions on the matter to which the Contracting States are parties.


Consular Fees article 36 1. Consular post may charge the territory of residence fees for consular services, in accordance with the laws and regulations of the State of trimiţător.
2. The amounts charged for consular services, referred to in paragraph 1 of this article, shall be exempt from any taxes and duties in the State of residence.


Article 37 the transmission of documents consular officer shall be entitled to transmit judicial and extra-judicial acts and taking interviews, in accordance with agreements in force between the Contracting Parties, and in the absence of such agreements, in a manner consistent with the laws and regulations of the State of residence. This right cannot be exercised than against the citizens of the State trimiţător and without applying coercive measures.


Article 38 Other consular consular officer functions can perform any other consular functions to him trimiţător, instructs the State if they are not at variance with the laws and regulations of the State of residence or if the State of residence shall not preclude the fulfilment of them.


Chapter 4 Facilities, privileges and immunities Article 39 Facilities granted consular residence State grant consular privileges for any exercise of his consular functions and take the necessary measures to ensure that members of the consular post may perform any duties and to benefit from the privileges and immunities provided for in this Convention.


Article 40 the use flag and national coat of arms trimiţător State has the right to use its flag State or national shield with the coat of arms, in accordance with the provisions of this article: a State's national flag) trimiţător can be hoisted on the building intended as the seat of the consular, consular Chief's residence and its transportation means when they are used in official interest;
  

b) trimiţător State coat of arms and the name of the consular post, written in the language of that State and in the State of residence, can be put on the building of the consular post and the head of the consular office on the residence;
  

c) in exercise of the right granted by this article shall take account of the laws, regulations and practices of the Member State of residence.
  


Article 41 Venues and housing the State of residence of the trimiţător State supports, within the framework of its laws and regulations, to procure the necessary consular premises and, if necessary, convenient housing for members of the consular post.


Article 42 the acquisition of land and buildings 1. Trimiţător State is entitled, within the laws and regulations of the State of residence: a) to purchase the buildings or parts of buildings, designed the residence's consular offices, the head of the consular post or other housing members of the consular post;
  

b) to build or to fit out for the same purposes acquired buildings.
  

2. the provisions of paragraph 1 of this article shall not relieve the trimiţător State of the obligation to comply with the regulations and restrictions in terms of construction, city planning, protection of architectural ensembles and monuments, which are applicable in the territory where there is located the buildings or parts of buildings intended for the consular premises.


Article 43 the inviolability of consular premises and residence of the head of consular post 1. The head of the consular premises and consular residence are inviolable. The authorities of the State of residence may not penetrate in such premises except with the consent of the head of the consular post, the Chief of the diplomatic mission of the State of trimiţător or the person designated by one of them.
2. the State of residence shall be obliged to take any special measures are necessary to prevent the infringement or to the consular premises, damage to the residence of the head of consular post and prevent disturbed consular or impairment of its dignity.


Article 44 exemption from consular Premises, requisition the Chief of consular, consular office furniture and goods, and the means of transport cannot be subject to any form of requisition for purposes of national defense or public utility. Where an expropriation would be necessary for these purposes will be taken all appropriate measures in order to avoid hindering the exercise of consular functions, and the trimiţător State will be paid promptly to adequate and effective compensation.


Article 45 Tax Relief and consular premises or means of transport 1. Consular premises and residence of the head of the consular post, whose owner or lessee is trimiţător State or any person acting on behalf of that State, shall be exempt from taxes and duties of any kind, national, regional or municipal, except charges levied as remuneration for special services rendered.
2. The exemption provided for in (1) tax of this article do not apply to those taxes and duties which, in accordance with the laws and regulations of the State of residence, the person in charge cad who has contracted with the State trimiţător or the person acting on behalf of that State. The provisions of this article shall also apply to the means of transport used for consular needs.


Article 46 the inviolability of consular archives and documents the archives and consular documents are inviolable at any time and in any place you would find.


Article 47 freedom of communication 1. State of residence permit and protect free communication of the consular post for any official purposes. Communicating with the Government, with diplomatic missions and other consular posts of the State trimiţător, wherever you find them, the consular post may use all appropriate means of communication, including diplomatic or consular couriers, diplomatic or consular representation, suitcase and messages in clear or encrypted. However consular post may not install and use a radio transmitter only with the consent of the State of residence.

2. the official Correspondence of the consular post it is inviolable. The term official correspondence means the entire correspondence relating to the consular post and its functions.
3. consular Suitcase cannot be neither opened nor withheld. However, if the competent authorities of the Member State of residence have serious reasons to believe that the suitcase contains any objects other than correspondence, documents and articles referred to in paragraph 4 of this article, they may require that the suitcase be opened in their presence by an authorized representative of the trimiţător State. If State authorities trimiţător refused to fulfil the demand, the suitcase is returned to the place of origin.
4. The packages constituting the consular suitcase must bear visible external marks of their character and cannot contain official correspondence and documents than objects intended exclusively for official use.
5. the consular Courier shall have an official document indicating his status and the number of packages constituting the consular suitcase. In addition to the case in which the State of residence agrees to do this, he must not be a citizen of the State of residence, either, except that he is a citizen of the State trimiţător, a person with permanent residence in the State of residence. In exercising its functions this Courier is protected by the State of residence. He shall enjoy inviolability of the person and may not be subjected to any form of arrest, detention or other forms of restriction of personal freedom.
6. Suitcase can be entrusted to the consular of the master of a ship or of an aircraft to arrive at a point of entry. The commander must bear an official document indicating the number of packages constituting the suitcase without making him to be deemed the consular courier. By arrangement with the competent local authorities, consular post may send one of its members to take a suitcase, directly and freely from the master of the vessel or aircraft and to teach in the same way.


Article 48 the protection of consular officials the State of residence shall treat consular officers with due respect and shall take all measures necessary to prevent any person, shall mean freedom and their dignity.


Article 49 the immunity from jurisdiction and personal inviolability of consular post 1. Head of the consular post it is not subject to the jurisdiction of the criminal, civil and administrative cases to the State of residence. These provisions shall not apply in the event of a civil action: a) resulting from the conclusion of the contract the Chief consular office did not expressly or implicitly in trimiţător State;
  

(b) by a third party) for damages arising from an accident caused in the State of residence of a vehicle, a vessel or an aircraft.
  

2. the person of the head of consular post is inviolable. No measure of execution may be taken against him, apart from the cases referred to in points. the b)) and paragraph 1 of this article and only if execution can take place without prejudice to the individual or his inviolabilitatii home.


Article 50 the immunity of jurisdiction and personal inviolability of members of the consular post 1. Consular officers, consular employees and members of the service staff are not subject to the jurisdiction of the criminal, civil and administrative cases to the State of residence for acts done in the exercise of their official duties.
2. However, the provisions of paragraph 1 of this article shall not apply in the event of a civil action: a) resulting from the conclusion of a contract, made by a consular officer or consular employee, a member of the service staff, which had not concluded expressly or implicitly in trimiţător State;
  

(b) by a third party) for damages arising from an accident caused in the State of residence of a vehicle, a vessel or an aircraft.
  

3. consular officer cannot be subjected to activities related to duties besides the quality: a) retention measures or preventive detention only if they were committed in the territory of the Member State of residence of a crime for which provision is made for punishment by deprivation of liberty for not less than 5 years and only as a result of a decision of the competent judicial authorities of the Member State of residence;
  

b) other measures involving deprivation of liberty other than in the case of enforcement of a final court ruling.
  

4. If a criminal procedure is employed against a consular officer, he is obliged to appear before the competent authorities of the Member State of residence. In such a case the procedure should be initiated as soon as possible. It must be ridden with due consideration to the consular officer, taking his official position and, except in the case provided for in paragraph 3 of this article, so as to impede the exercise of consular functions possible.
5. in the case of taking certain measures involving deprivation of liberty or criminal prosecution against a consular officer or a member of his family, a consular employee or a staff member, the competent authorities of the Member State of residence shall inform it without delay, head of consular post of the State trimiţător.
6. the provisions of this article with respect to consular officers shall not apply to the head of the consular office.


Article 51 the obligation to submit as a witness 1. Members of the consular post may be called upon to deposit as witnesses in front of the judicial authorities or other competent authorities of the Member State of residence. However no coercive measure or any other sanction would be taken against consular officers. Consular employee and member of staff on duty must not refuse to lay as a witness, if you are not in the situation referred to in paragraph 3 of this article.
2. the authority shall require the testimony must avoid to prevent consular officer to carry out their functions. She is able to obtain testimony from his residence in the consular office or accept a written statement on its part, whenever this is possible.
3. members of the consular post shall not be required to testify about the facts that relate to the exercise of their functions and shall produce the correspondence and official documents relating thereto. They also have the right to refuse to testify as experts on the laws of the State of trimiţător.


Article 52 waiver of privileges and immunities 1. Trimiţător State can waive the privileges and immunities provided for in articles. 49-51. Waiver must be explicit and must be communicated in writing to the authorities of the State of residence.
2. If a member of the consular post committed a procedure in a matter that would benefit from immunity from jurisdiction, it cannot invoke immunity from jurisdiction against any counter-claim directly connected with the main application.
3. Waiver of immunity from jurisdiction for a civil or administrative action is not considered a waiver of immunity in respect of measures of execution of a judgment that requires an express waiver.


Article 53 of the personal Exemption benefits and actual state of residence exempt members of the consular post of any personal benefits and any services in the public interest, regardless of their status, as well as military tasks, such as rechizitiile, incartiruirile and military contributions.


Article 54 exemption from the obligation of registration of foreigners consular officers and consular employees and members of their families living with them shall be exempt from all obligations provided for by the laws and regulations of the State of residence in respect of registration of aliens, residence permits and other formalities relating to aliens.


Article 55 Tax Relief 1. Consular officer, consular employee and members of their families shall be exempt from any taxes and fees, personal and real, national, regional and municipal, except: a) indirect taxes, normally incorporated in the price of goods or services;
  

b) taxes on private immovable property situated in the territory of the State of residence, subject to the provisions of article 3. 45;
  

c succession rights) and the mutation, charged by the State of residence, subject to the provisions of article 7. 57;
  

d) taxes and fees on any kind of private income having their source in the State of residence;
  

e) perceived rights for services rendered provided private;
  

f) registration fees registry, mortgage and stamp, subject to the provisions of article 3. 45.2. Staff members are exempt from taxes and charges on wages they receive for their services.
3. members of the consular post who employ persons whose remunerations or wages are not exempt from income tax in the State of residence shall comply with the obligations that the laws and regulations of this State shall require in terms of collecting income tax.


Article 56 exemption from customs duties and customs controls 1. In accordance with its laws and regulations, the State of residence authorizes entry and exit and grant any relief from customs duties and other fees related to copyright, with the exception of the costs of storage, transportation and spending on services similar to: a) articles intended activity of the consular post;
  


b) personal objects of consular officers and members of his family living with him, including the effects of its intended installation. Articles of consumption should not exceed the quantities needed for their direct use by those interested.
  

2. consular Employee shall enjoy the privileges and exemptions provided for in paragraph 1 (a). b) of this article in respect of articles imported on the occasion of his first installations.
3. consular officer and members of his family are relieved of control of personal baggage, unless there are serious reasons to believe that it contains items which do not benefit from the exemption referred to in paragraph 1 (a). b) of this article or articles whose import export times it is forbidden by the laws of the State of residence or its quarantine regulations. In such a case the control can not be done except in the presence of the consular officer or a member of his family.


Article 57 the succession of a member of the consular post or of a member of his family in case of death of a member of the consular post or of a member of his family who lived together with him, the State of residence shall be obliged to: (a) the export permit) movable goods of the deceased, except those that were acquired in the State of residence and which are subject to export prohibitions at the time of death;
  

b) not charge fees national/regional or communal inheritance or mutation over movable assets whose location in the State of residence shall be due solely to this in that State of the deceased as a member of the consular post or of a member of the family of a member of the consular post.
  


Article 58 Freedom of movement subject to laws and regulations pertaining to the areas to which access is prohibited or regulated for reasons of national security, the State of residence provide all members of the consular post travel and freedom of movement within the territory.


Article 59 Ensuring means of transport, means of transport property of trimiţător State, for consular or that are owned by members of the consular post, must be subject to compulsory insurance.


Article 60 of the privileges and immunities of the members of family family members of members of the consular post shall, in an appropriate manner, the privileges recognized the latter, provided that they shall not be nationals of the Member State of residence, to reside there and to not pursue any gainful activity in that State.


Article 61 persons who do not enjoy the privileges and immunities 1. Consular employees and members of the service staff who are nationals of the Member State of residence or domicile in this State shall not enjoy the privileges and immunities provided for in the present Convention, except the provisions of article 7. 51 (3).
2. Nevertheless the State of residence must exercise its jurisdiction over persons referred to in paragraph 1 of this article, so no reason to not interfere with the exercise of consular functions.


Chapter 5 General provisions and final provisions Article 62 compliance with laws and regulations of the State of residence 1. All persons who enjoy privileges and immunities under the Convention, are obliged to respect the laws and regulations of the State of residence, without the privileges and immunities to be harmed.
2. consular Premises shall not be used in a manner incompatible with the exercise of consular functions.


Article 63 the exercise of consular functions by a diplomatic mission 1. The provisions of this Convention shall also apply if the consular functions are exercised by the diplomatic mission.
2. First and last name of the members of the diplomatic mission of its consular service affected will be notified to the Ministry of Foreign Affairs of the State of residence.
3. the members of the mission referred to in paragraph 2 of this article continue to benefit from the privileges and immunities that confers diplomatic status.


Article 64 the ratification and entry into force 1. This Convention shall be subject to ratification and shall enter into force on the 30th day following the date of the last notification, diplomatically, that they meet the legal procedure for its entry into force.
2. this Convention is concluded for an indefinite period. It may be denounced, by written notice, of any Contracting Party. In this case, she will cease to be valid after 6 months from the date of termination.
In witness whereof the representatives of the Contracting Parties have signed this Convention and have affixed seals.
Signed at Tbilisi on 1 July 1998, in two originals, each in the Romanian, Georgian and English languages, all texts have the same value; in case of divergence of interpretation, the text shall be authentic in the English language.
For Romania, Mihai-Razvan Ungureanu, Irakli Menagarishvili For Georgia — — — — — — — — — — — —