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Law No. 57 Of 15 April 1999 On The Ratification Of The Convention On Consular Relations Between Romania And The Republic Of Kazakhstan Signed At Bucharest On September 21, 1998

Original Language Title:  LEGE nr. 57 din 15 aprilie 1999 pentru ratificarea Convenţiei consulare dintre România şi Republica Kazahstan, semnată la Bucureşti la 21 septembrie 1998

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LEGE no. 57 57 of 15 April 1999 for ratification of the Consular Convention between Romania and the Republic of Kazakhstan signed in Bucharest on 21 September 1998
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 185 185 of 29 April 1999



The Romanian Parliament adopts this law + Article UNIC The Consular Convention between Romania and the Republic of Kazakhstan, signed in Bucharest on 21 September 1998, is ratified. This law was adopted by the Senate at the meeting of March 1, 1999, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, MIRCEA IONESCU-QUINTUS 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 the Kazakhstan Republic Romania and the Republic of Kazakhstan animated by the desire to facilitate the development of friendly relations between the two countries, in the interest of strengthening economic, commercial, technical-scientific, cultural and other fields, wanting to regulate the consular relations between them, have decided to conclude this Consular Convention and have agreed on the following: + Chapter 1 Definitions + Article 1 Definition of terms used in convention In the present Convention the following terms have the following meaning: 1. consular office means consulate general, consulate, viceconsulat or consular agency; 2. consular constituency means the territory of the State of residence, assigned to the consular office for the exercise of consular functions; 3. head of the consular office means the person responsible to lead the consular office; 4. consular officer means any person, including the head of the consular office, responsible for carrying out consular functions; 5. employee of the consular office means the person who performs administrative and technical functions within the consular office; 6. member of the service staff means the person who performs duties on the line of service of the consular office; 7. members of the staff of the consular office means consular officials, employees of the consular office and members of the service staff; 8. member of the private staff means the person employed exclusively in the particular service of a member of the staff of the consular office; 9. Consular premises means buildings or parts of buildings, including the residence of the head of the consular office, as well as the lands serving these buildings or parts of buildings, which are used exclusively by the consular office, regardless of whose property is located; 10. consular archives shall mean the entire official correspondence, the cipher, the documents, the books, the technical means of the secretariat, and the equipment intended for their storage; 11. the ship shall mean any vessel flying the flag of the sending State, except for the military vessel; 12. the aircraft means any aircraft registered in the sending State, which has the flight and identification marks of this State, with the exception of military apparatus. + Chapter 2 Consular Relations + Article 2 Establishment of consular office 1. The sending State may establish a consular office in 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 agreement between the sending State and the State of residence. 3. Any subsequent changes concerning the seat of the consular office, its rank or its consular constituency must also be established by agreement between the sending State and the State of residence. + Article 3 Consular patency and exequaturum 1. Until the appointment of the head of the consular office, the sending state must be entrusted, by diplomatic means, that the appointed person will receive the consent of the state of residence for his recognition as head of the consular office. 2. After receiving the agreement referred to in paragraph 1 of this Article the sending State shall send to the Ministry of Foreign Affairs of the State of residence, through its diplomatic mission, consular patency. In the consular patent shall be indicated the name and surname of the head of the consular office, its class, the consular constituency in which it will exercise its functions, as well as the headquarters of the consular office. 3. The head of the consular office is admitted to exercise his functions only after the state of residence has released his exequaturum. Exequaturum shall be released as soon as possible. 4. Until the release of the exequaturum the state of residence may, on a provisional basis, admit that the head of the consular office shall exercise his functions. In this case the provisions of this Convention are applicable. 5. After the admission of the head of the consular office, even on a provisional basis, the state of residence informs about this competent authorities of the consular constituency and takes the necessary measures so that it can perform its functions. + Article 4 Temporary exercise of the functions of the chief of 1. If the head of the consular office is prevented, for any reason, from exercising his functions or if the position of head of the consular office becomes, temporarily, the holiday, the sending state may empower him to lead, provisionally, the consular office on a consular officer of the same consular office or of another consular office of or in the Member State of residence or one of the members of the diplomatic staff of his diplomatic mission in that State. 2. The name and surname of the person empowered to lead, temporarily, the consular office will be notified, in advance, to the ministry of foreign affairs of the state of residence. 3. The person designated to lead, temporarily, the consular office shall enjoy the same rights, privileges and immunities that are granted to the head of the consular office, in accordance with the provisions of this convention. + Article 5 Person declared non grata 1. The State of residence may at any time notify, by diplomatic means, the sending State, that a consular official is persona non grata or that a consular employee or a member of the service staff has become unacceptable. In this case the sending state must recall the person concerned or order the termination of its activity. 2. If the sending State does not meet this obligation within a reasonable period, the State of residence may withdraw the exequaturation or any other authorization, if it concerns the head of the consular office, or notify the sending State, by way of diplomatic, that it refuses to recognise the person concerned as a member of the staff of the consular office, if it is a consular officer, a consular employee or a service staff member. 3. In any of the cases referred to in paragraphs 1 and 2 of this Article, the State of residence shall not be obliged to state reasons for its decision. + Article 6 Notification to the State of residence of appointments, arrivals and departures The sending State shall notify the Ministry of Foreign Affairs of the State of residence or of its designated body: 1. appointment of members of the staff of the consular office, arrival or termination of the mission to the consular office, as well as any other changes regarding their status, which occurred during their activity at the consular office; 2. the arrival and final departure of a family member who lives together with a member of the staff of the consular office, as well as, if applicable, the fact that a person becomes or ceases to be a family member; 3. the arrival and final departure of the members of the private staff and, if applicable, the termination of their service in this capacity; 4. employment and termination of the membership of the staff of the consular office or of the member of the private staff of persons domiciled in the state of residence, who are entitled to privileges and immunities. + Article 7 Issuing of identity documents 1. The competent authorities of the state of residence shall issue, free of charge, to each consular official a document certifying its identity and function 2. The provisions of paragraph 1 of this Article shall also refer to the employees of the consular office, the service staff members and the members of the particular staff, provided that these persons do not have the citizenship of the State of residence and no domicile in this state. + Article 8 Nationality of consular officials Consular officials may be only citizens of the sending State, who are not domiciled in the State of residence and do not exercise in this State, outside their official duties, no other income-bringing activity. + Chapter 3 Consular functions + Article 9 Functions of the consular office Functions of the consular office consist of: 1. the defense in the state of residence of the rights and interests of the sending state, its citizens and legal entities, in accordance with the norms of international law; 2. further support the development of relations between the two states in the economic, commercial, cultural, scientific and tourism fields; the strengthening of friendly relations between them in these areas, as well as in other areas. + Article 10 Consular protection and assistance 1. The consular officer shall have the right to grant the protection and consular assistance necessary to the citizens of the sending State, to communicate with them, to make recommendations and, if necessary, to give them support for the realization of the rights of which they shall enjoy, in accordance with the laws of the State of residence or the agreements in force between the two States. 2. The citizen of the sending State shall also be entitled to contact the consular officer and to visit him, without any restrictions. + Article 11 Exercising consular functions 1. Consular functions shall be exercised by the consular officials of the sending State. 2. In case of necessity, the exercise of the functions of the consular office may be entrusted to the members of the diplomatic staff of the diplomatic mission of the sending State from the State of residence, in compliance with the diplomatic staff. The name and surname of the member of the diplomatic staff entrusted with the fulfilment of the consular functions must be notified in advance to the Ministry of Foreign Affairs of the State of residence 3. Consular functions shall be exercised within the consular constituency. Outside it the consular officer may exercise his functions only with the consent of the state of residence. + Article 12 Liaison with the State of residence authorities The consular officer shall be entitled, in the exercise of his functions, provided for in this Convention, to address: -local competent authorities of the consular district; -central authorities of the State of residence, in so far as it is permitted by the law of the State of residence. + Article 13 Exercise of consular functions for a third country The consular officer shall have the right to exercise consular functions in the interest of a third State with the consent of the State of + Article 14 Registration of citizens of the sending 1. The consular officer has the right to register the citizens of the sending state in the consular constituency. 2. The registration made by the consular officer does not exempt the citizens of the sending state from the obligation to comply with the requirements imposed by the legislation of the state of residence in terms of + Article 15 Representation before the state authorities of residence 1. The consular official shall have the right to take measures, in accordance with the laws of the State of residence, to ensure the proper representation of the citizens of the sending State before the courts and other authorities of the State of residence. He may, in accordance with the law of the state of residence, request the adoption of provisional measures to defend the legal rights and interests of the citizens of the State or, if they are absent or if, for other good reasons, not are able to defend their rights and interests in a timely manner. 2. The consular official also has the right to ask the courts or other authorities to postpone the examination of the case concerning the citizen of the sending state, until he is informed and will not have the possibility real to be present personally or to be represented. 3. The representation provided for in paragraph 1 of this Article shall cease if the persons represented appoint their respective powers or personally take up the defence of their rights and interests. + Article 16 Protection of citizens of the sending 1. The competent authorities of the State of residence shall notify the consular officer about the arrest or detention, in any form, of a citizen of the sending State, as soon as possible, but no later than 3 days from the date arrest or detention. 2. The consular officer shall have the right, in accordance with the law of the state of residence, to receive correspondence or other references from the citizen of his state, under arrest, pending trial, or from the one who is detained, under any form, and take the necessary steps to be provided with legal assistance and representation. The consular officer has the right to visit and communicate with the citizen of the sending state, in detention or who is detained in any other form or serving a custodial sentence, under the conditions established by the legislation of the State of residence after the expiry of 5 days from the date of arrest or detention. 3. The competent authorities of the state of residence must inform, without delay, the citizen of the sending state about his right to contact the consular officer, according to the provisions of this article. + Article 17 Functions relating to passports and visas The consular officer shall be entitled: 1. to issue passports and other documents similar to the citizens of the sending State, to renew them, to extend them, to cancel them or to cancel them; 2. grant entry and transit visas to persons wishing to visit or transit through the territory of the sending State. + Article 18 Functions relating to citizenship issues and registration of civil status documents The consular officer shall be entitled: 1. to receive applications in relation to citizenship issues; 2. to record and issue appropriate birth or death documents to the citizens of the sending State; 3. if the legislation of the sending state allows, and the legislation of the state of residence does not object, to conclude marriages; 4. inform the competent authorities of the state of residence about the registration of births, deaths and marriages, if required by the legislation of the state of residence. 5. The provisions of paragraphs 1 to 3 of this article do not exempt persons concerned from the obligation to comply with the formalities required by the legislation of the state of residence. 6. If the authorities of the state of residence are informed that a citizen of the sending state has died on the territory of this state, they must notify about it, without delay, the consular office. + Article 19 Functions relating to guardianship and cleaning 1. The consular officer shall be entitled to address the authorities of the State of residence for the establishment of the guardianship or cleaning of the citizen of the sending State, located in the State of residence, and to propose the name of the person to be appointed in Quality of tutor or curator. 2. If the authorities of the state of residence are aware that it is necessary to establish the guardianship or the cleaning for a citizen of the sending state, they shall inform the consular officer about it within as short as possible. + Article 20 Notary functions 1. In accordance with the legislation of the State of residence, the consular officer shall be entitled -receive, draw up and authenticate statements of citizens of the sending state; -to receive, to draw up and to authenticate wills and other documents referring to goods of the citizens of the sending state; -to receive, draw up and authenticate documents referring to other legal acts of the citizens of the sending State, except for those documents establishing, alienating or limiting the rights to immovable property located in the State of residence; -to legalize the seals and signatures on the legal documents and documents, which emanate from the authorities of the sending or the state of residence; -to legalize the copies and to certify the translations of the documents and documents of a legal nature, as well as the extracts thereof; -to receive for safekeeping the legal documents and documents, which belong to the citizens of the sending or addressed state. 2. The functions listed in paragraph 1 of this Article may be fulfilled at the premises of the consular office or in another place, if the person concerned cannot appear at the consular office for thorough reasons. + Article 21 Functions relating to property rights 1. The authorities of the state of residence shall inform the consular office as soon as possible about the death of a citizen of the sending state and shall communicate to him all the data available to him on the successor asset, the heirs, the persons who have given up in succession as well as the existence of a will. 2. The authorities of the state of residence shall inform the consular office as soon as possible about the opening of a succession in the state of residence, when the heir or person who gives up the succession is a citizen of the sending state. 3. If the consular office receives information on the goods referred to in paragraphs 1 and 2 of this article before they are known by the authorities of the state of residence, the consular office shall inform without delay competent authorities. 4. The authorities of the State of residence shall inform without delay the consular office about the measures taken or which they intend to take for the assessment and preservation of the goods referred to in paragraphs 1 and 2 of this Article. The consular officer may request the authorities of the State of residence to take appropriate measures to preserve the succession. 5. The consular officer may also, in accordance with the legislation of the State of residence: -to take measures to defend the patrimonial rights of the citizens of the sending state; -to follow the transfer of money amounts and the transmission of other goods belonging to the citizens of the sending 6. The amounts of money, the goods or the documents related to their alienation, belonging to the citizen of the sending state, who are not or are not represented in the state of residence, shall be transmitted to the consular office to be handed over to the holder. The consular office may receive these amounts of money or goods, provided that they are declared within the time limit set by law, to pay or to guarantee the payment of all taxes and fees established by the legislation of the State of residence, to obtain the consent of the competent authorities of the state of residence for the transfer of money or for the transmission of goods from this state to the sending state. 7. If a citizen of the sending state has died while temporarily or in transit on the territory of the state of residence, the amounts of money and his personal assets shall be transmitted, temporarily and without formalities, to the consular office. The transmission of personal items in the sending state and the transfer of money, with the exception of goods acquired in the state of residence and prohibited for removal from the country, shall be carried out in accordance with the legislation 8. The consular office of the sending state shall issue to the authorities or interested persons a document confirming the receipt of the amounts of money or goods handed over to him in accordance with paragraphs 6 and 7 of this article. 9. The citizens of the sending State shall enjoy the same rights as the citizens of the State of residence with regard to the acquisition of assets and successions. 10. Functions of the consular office, provided in art. 20 of this Convention, shall be exercised in respect of the goods and the rights of a deceased person, only if they do not contravene the provisions of + Article 22 Maritime navigation functions 1. The consular officer shall have the right to grant any support and assistance to the vessel of the sending State, located in the port or other anchorage. 2. The consular officer may board the ship as soon as free contact is approved with the shore, and the master of the ship and crew members may contact the consular officer. 3. The consular officer may request the support of the competent authorities of the State of residence in any matters relating to the performance of his duties relating to the vessel of the sending State, the master of the ship and 4. The consular officer shall be entitled: --without prejudice to the competence of the authorities of the State of residence, to carry out investigations in relation to any facts spent on the ship of the sending State during the period in which it is in the race or is anchored in a port, to question the master of the vessel or any crew member, to verify the vessel's documents, to receive declarations in relation to the cargo and place of destination, and to facilitate the entry, stationing and departure of the port vessel; --without prejudice to the competence of the authorities of the State of residence, to take the necessary measures to resolve disputes between the master and any crew member, including those relating to working conditions, to the extent that the law of the sending State provides; -to take measures for hospitalization or for the repatriation of the master of the ship or of any crew member; -to receive, to draw up, to legalize, to certify or to authenticate any declaration or other document provided by the legislation of the sending state on the ship; -issue provisional certificates which entitle the vessel purchased or constructed to sail under the flag of the sending State, in accordance with the legislation of that State. 5. If the courts or other competent authorities of the State of residence intend to take measures of coercion or to carry out acts of criminal prosecution on board the vessel of the sending State, the competent authorities of the state of residence shall notify the consular officer. This notice will be made in advance so that the consular officer can be present at such measures. If the consular officer has not been present, the competent authorities of the State of residence shall submit, upon request, a full disclosure of the measures they have taken. The consular officer will also be notified if the ship's master or any crew member is to be questioned on shore by the competent authorities of the state of residence. The provisions of this paragraph shall not apply with regard to customs, health checks or border crossing documents, as well as to any action taken at the request or with the agreement of the master of the vessel. 6. The authorities of the State of residence shall inform the consular officer as soon as possible whether a ship of the sending State has failed or wrecked, suffered any other damage within the territorial waters of the State of residence or if any another object that is part of the cargo of the damaged ship, property of a citizen of the sending state, was found on shore or near the shore of the state of residence or was brought to the port of this state. They will also communicate to the consular officer the measures taken to save the crew members of the ship, passengers, cargo and other goods on board the ship or which belonged to the ship or were part of its cargo And they were separated from it. 7. The consular officer may grant any assistance to such a vessel, to crew members and to passengers; for this purpose he may address the competent authorities of the State of residence, who will give him the necessary support. The consular officer may take measures to repair the ship or address the competent authorities of the State of residence in order to support him or her in carrying out the vessel or to undertake such measures. 8. If the damaged vessel or any objects belonging to such a vessel were found near or on the coast of the shore of the State of residence or were brought to a port of that State, and the master of the ship, its owner, the maritime agent, the appropriate insurance undertakings shall not be able to take measures to preserve or dispose of such a ship or the objects found, the consular officer shall be deemed empowered to undertake, on behalf of the owner of the ship, the measures the owner himself could have taken. These provisions shall apply, accordingly, to any object which is part of the ship's cargo and is the property of a citizen of the sending State. 9. If any object belonging to the cargo of the damaged vessel of a third State is the property of a citizen of the sending State and is found on shore or near the shore of the State of residence or is brought to a port of this State, and the master of the vessel, the owner of the object, the maritime agent, the appropriate insurance undertakings shall not be able to undertake conservation or disposition measures in respect of such an object, the consular officer shall be considered empowered to take, on behalf of the owner, the measures that he could have taken himself. + Article 23 Air navigation functions Art. 22 22 of this Convention shall also apply to air navigation, without prejudice to other agreements in force between the two States. + Article 24 Other consular functions The consular officer may perform any other consular functions entrusted by the sending State, unforeseen in this Convention, if the State of residence, which must be informed thereof, allows them to be fulfilled or has no objections. + Chapter 4 Privileges and immunities + Article 25 Protection of the consular office The State of residence shall take all necessary measures to ensure the normal operating conditions of the consular office, as well as measures for the members of the staff of the consular office to be able to exercise their functions and to benefit from the privileges and the immunities provided for by this Convention. + Article 26 Use of the national flag and coat of arms 1. The shield with the coat of arms of the sending state and the inscription with the name of the consular office, written in the language of the sending state and the state of residence, can be fixed on the consular office building. 2. The flag of the sending state can be flown on the building of the consular office, at the residence of the head of the consular office and also on the means of transport used by the head of the consular office, when he performs the official functions. 3. In the exercise of the rights provided for in this article, the laws, regulations, norms and usages of the state of residence + Article 27 Procurement of premises 1. The sending State may, under the conditions and in the form established by the State of residence, acquire in the property or lease land, buildings or parts of buildings, construct buildings and arrange land, necessary for the location of the of consular venues, as well as housing for members of the staff of the consular office. 2. The State of Residence shall support the sending State in obtaining the land, premises or parts of the premises for the purposes provided for in paragraph 1 of this Article and shall facilitate the sending State to acquire buildings in another manner. 3. The provisions of this article do not exempt the sending state from the obligation to comply with the laws and regulations of the state of residence relating to constructions and to the city systematization, applicable in the area where the land, buildings or the parts of buildings so acquired. + Article 28 Personal inviolability 1. Consular officials, employees of the consular office and their family members who live together with them enjoy personal inviolability. They will not be subject to arrest or detention in any form. These provisions shall not apply to persons referred to in art. 45 45 of this Convention. 2. The State of Residence shall be obliged to treat with due respect the consular officials, the employees of the consular office and their family members with whom they live together and to undertake the appropriate measures to prevent any prejudice brought to their person, freedom or dignity. + Article 29 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. 2. The authorities of the State of residence may not enter the consular premises without the consent of the head of the consular office of the sending state or the head of the diplomatic mission of the sending state in the state of residence or of the person to one of them. These provisions also apply to the residence of the head of the consular office 3. The State of residence shall take the necessary measures to ensure the protection of consular premises, to prevent forced entry into them, as well as to prevent any action that would damage them or prejudice the dignity of the consular office. 4. The goods which are used exclusively for the performance of the functions by the consular office of the sending State, including its means of transport, regardless of whose property they are, shall not be subject to requisition, confiscation or other measures that would impede the normal activity of the consular office. Means of transport outside the consular office may not be subject to search by the authorities of the state of residence, without the consent of the head of the consular office or the head of the diplomatic mission of the sending state. + Article 30 Exemption of the consular office of the sending state of taxes and duties The consular office of the sending State shall be exempt in the State of residence from any taxes and duties, national or local, for: -the land, buildings and parts of buildings, which are the property of the sending State or which are rented by him or on his behalf and which are used for the performance of the activity of the consular office or as housing for officials consultations, employees of the consular office and members of the service staff, with the exception of fees for specially provided services; -contracts and documents relating to the acquisition of such buildings, if the sending State procures them exclusively for the activity of the consular office; -any movable property, including means of transport, which are in the property, possession or use of the sending State and which are used exclusively for the activities of the consular office. + Article 31 Inviolability of consular archives The consular archives are inviolable at any time and no matter what place they are in. + Article 32 Freedom of communication 1. The consular office shall have the right to communicate with the government of the sending State, with the diplomatic missions and its consular offices, located in the state of residence or in other states. The State of residence shall provide the necessary conditions. The consular office can use all the usual means of communication, cipher, diplomatic and consular couriers, diplomatic and consular suitcases. 2. When using the usual means of communication, the consular office shall apply the same tariffs as the diplomatic mission. The consular office may install and use a radio station only with the consent of the State of residence. 3. Official correspondence of the consular office, regardless of the means of communication used, the consular suitcase, provided with visible external signs indicating its official character, is inviolable; it is not subject to control and cannot be retained by the state authorities of residence. 4. The consular courier must be a citizen of the sending state, who is not permanently domiciled in the state of residence. The State of residence shall provide the consular courier with the necessary conditions for the fulfilment of its obligations and to enjoy the same rights, privileges and immunities as the diplomatic courier. 5. Consular suitcase may be entrusted to the master of the ship or aircraft. It must have an official document indicating the number of parcels from which the consular suitcase is composed, without being considered a consular courier. The consular officer may take over the consular suitcase, directly and unimpeded, from the master of the ship or aircraft and hand it over in the same manner. + Article 33 Freedom of movement The consular officer, the employee of the consular office and the members of the service staff have the right to move freely within the territory of the state of residence, except for areas where access of foreigners is prohibited or limited. + Article 34 Consular fees and taxes 1. The consular office may charge consular fees on the territory of the State of residence, in accordance with the laws and regulations of the sending State. 2. The fees charged are exempt from taxes in the state of residence. + Article 35 Immunity from jurisdiction of the consular officer 1. The consular officer enjoys immunity from criminal jurisdiction of the state of residence. He shall also enjoy immunity from civil and administrative jurisdiction, with the exception of the following civil actions: -the actual shares of a private building located on the territory of the State of residence, if the consular officer does not possess it on behalf of the sending State for the realization of consular functions -the actions concerning a succession in which the consular officer appears as a testamentary executor, guardian/curator, heir or legatee and not on behalf of the sending State; -the actions resulting from the conclusion of a contract by a consular officer, which he has not concluded, directly or indirectly, in his capacity as trustee of the sending State; -actions brought by a third party for damages resulting from an accident caused in the state of residence by a means of road transport. 2. No enforcement action may be taken from the consular officer, except in the cases provided for in paragraph 1 of this Article and only if the execution can take place without prejudice to the inviolability of the person or dwelling. His. + Article 36 Immunity from jurisdiction of the employee of the consular office The employee of the consular office enjoys immunity from criminal jurisdiction of the state of residence. It also benefits from immunity from jurisdiction of the State of residence in the civil and administrative cases provided for in art. 35 35 of this Convention, only for acts performed in the exercise of its official functions. These provisions shall not apply to persons referred to in art. 45 45 of this Convention. + Article 37 Immunity from jurisdiction of service staff members The members of the service staff shall enjoy immunity from criminal, civil and administrative jurisdiction of the State of residence only for acts fulfilled in the exercise of their official duties. These provisions shall not apply to persons referred to in art. 45 45 of this Convention. + Article 38 Immunity from jurisdiction of family members Immunities provided in art. 35-37 of this Convention for consular officials, the employees of the consular office and the members of the service staff shall also apply accordingly to their family members with whom they live together. + Article 39 Submission of testimony 1. The authorities of the State of residence may request that consular officials, employees of the consular office or members of the service staff testify in criminal and administrative cases. Consular officials may refuse to testify before the courts and other authorities of the State of residence, and in this situation no coercive measures can be taken against them. 2. The employees of the consular office and the members of the service staff may not refuse to testify, except for the facts related to the fulfilment of their official obligations. 3. The authorities who request testimony from the members of the staff of the consular office must refrain from intervening in matters concerning their official activity. Such testimonies, where possible and if there is already consent, may be taken, in writing or orally, at the premises of the consular office or at the residence of the members of the staff of the consular office, in such a way that it is not prevented official duties of these persons. 4. The consular official who consented to testify shall have the right to give a written statement. + Article 40 Exemption from compulsory benefits and other obligations Members of the consular office and their family members who live together with them are exempt in the state of residence from any mandatory benefits. The provisions of this article do not apply to the persons mentioned in 45 45 of this Convention. + Article 41 Exemption of members of the consular office of taxes and duties 1. Consular officials and employees of the consular office, as well as their family members who live together with them are exempt in the state of residence from any taxes and fees, national and local. 2. The exemptions provided for in paragraph 1 of this Article shall not cover: -indirect taxes, which are normally incorporated in the price of goods and services; -taxes and fees on private real estate located on the territory of the State of residence; -taxes and fees for successions and goods acquired in the state of residence, except in the cases provided in art. 43 43 of this Convention; -taxes and fees on income of any kind that have their source in the state of residence, except for salaries received for their official activity; -taxes and fees of any kind for transactions or documents relating thereto; -fees for services rendered. 3. The State of residence shall exempt the members of the service staff from paying any taxes on the salaries received for their official activity. 4. Members of the staff of the consular office, who use private staff whose retribution is not exempt in the state of residence from income tax, must comply with the provisions of the legislation of the state of residence in matters of perception of income tax. 5. The provisions of paragraphs 1 and 3 of this article shall not apply to persons referred to in art. 45 45 of this Convention. + Article 42 Exemption from customs and customs duties 1. The State of residence allows the sending State to introduce and remove all goods, including automobiles intended for use of the consular office, with exemption from customs duties and customs control, except for storage expenses, transport and similar services. 2. The consular officer may import to the state of residence and export his luggage, personal belongings and other items, including automobiles, which are intended for his or her family's use, with which he lives together, without customs control, duties and taxes, levied by the State of residence on the import and export of goods. 3. The employees of the consular office and the members of the service staff shall benefit from the rights referred to in paragraph 2 of this Article for the items imported on the occasion of their 4. This article cannot be interpreted as meaning that it would allow importation into the state of residence or export from it of goods that are prohibited to import or export by the laws of the state of residence. 5. The personal luggage of the consular officials shall not be subject to customs control. They may be controlled only if there is serious reason to assume that they contain goods other than those referred to in paragraph 2 of this Article or goods prohibited from import or export or which are subject to quarantine measures, under the laws and regulations of the state of residence In such a case the control may take place in the presence of the consular officer or a member of his family. If the consular officer refuses to consent to the control of the personal luggage, the luggage shall be returned to the place of departure. + Article 43 Assets of a staff member of the consular office who died In the event of the death of a member of the staff of the consular office or of a member of his family, living with him, the State of residence: -allows the export of movable property of the deceased, with the exception of those who were acquired in the State of residence and who are the subject of an export prohibition at the time of death; -exempts the movable property of the deceased from any taxes and duties, provided that these goods have been in the territory of the State of residence only due to the presence of the deceased as a member of the staff of the consular office or Member of the family. + Article 44 Waiver of immunities 1. The sending State may waive the immunity of jurisdiction of a member of the consular office staff and its family members who live with it. In all cases the waiver must be express and in written form. Waiving immunity from jurisdiction for a civil action does not mean waiving immunity on enforcement of the judgment, for which an express waiver is required. 2. If the consular officer or another person who enjoys the immunity of jurisdiction of the state of residence, according to art. 35 35-38 of the present Convention, filed an action, it can no longer invoke immunity from jurisdiction over any counterclaim directly related to the main application. + Article 45 Exceptions to privileges and immunities The privileges and immunities provided for in this Convention, with the exception of paragraph 2 of art. 39 39 and 43, shall not apply to the members of the staff of the consular office and their family members, who live with them, if they are citizens of the state of residence or reside in this state. + Article 46 Beginning and cessation of privileges and immunities 1. The consular officer, the employee of the consular office and the member of the service staff shall enjoy the privileges and immunities provided for in this Convention from the date of crossing the border of the State of residence to take over the functions or if is already in the state of residence, from the time of their entry into office. 2. The family members of persons to whom the provisions of paragraph 1 of this Article apply shall enjoy the privileges and immunities provided for them in this Convention: -from the date on which the consular officer, the employee of the consular office or the member of the service staff obtains the right to benefit from privileges and immunities in accordance with paragraph 1 of this Article; -from the moment of crossing of the border of the State of residence, -from the moment they became members of their family. 3. Upon expiry of the term of exercising the duties of the consular officer, the employee of the consular office or the member of the service staff the immunities and their privileges, as well as the immunities and privileges their family members shall cease from the time of their exit from the territory of the State of residence or after a reasonable period has elapsed since their release from office. 4. Immunities and privileges of their family members shall also cease from the moment they are no longer family members of the consular officer, the employee of the consular office or the member of the service staff. However, if the person concerned gives guarantees that he will leave the State of residence within a reasonable time, he shall enjoy the immunities and privileges until he leaves the State of residence. 5. In the event of death of a consular officer, employee of the consular office or a member of the service staff, his family members shall continue to enjoy the privileges and immunities provided for in this Convention until the date of which they leave the territory of the State of residence or until the expiry of a reasonable period which has been granted to them for that purpose. + Article 47 Damage insurance caused to third parties Persons who benefit from immunities and privileges, according to this Convention, are required to comply with the laws and regulations of the State of residence on insurance for damages caused to third parties as a result of the use of any means of Road, naval or air transport. + Article 48 Fulfilment of consular functions by a member of the diplomatic staff The fulfilment of consular functions by a diplomatic staff member of the diplomatic mission of the sending State in the State of residence shall in no way prejudice its diplomatic immunities and privileges, even if it exercise consular functions on a temporary basis. + Article 49 Compliance with state of residence laws 1. Without prejudice to the privileges and immunities provided for in this Convention, persons benefiting from privileges and immunities are required to comply with the laws and regulations of the State of residence and not to interfere in matters internal of this state. 2. The privileges, immunities and facilities provided for consular officials, employees of the consular office and for the members of the service staff will be used exclusively for the performance of their official functions. 3. Consular locations will be used only for consular activities. 4. Consular archives must contain only documents and objects of an official nature. + Article 50 Appointment of honorary consuls The appointment of honorary consuls is made by each state, according to the provisions of the corresponding articles of the 1963 Vienna Convention, on consular relations. + Chapter 5 Final provisions + Article 51 Ratification, entry into force and termination of validity 1. The present Convention shall be subject to ratification and shall enter into force on the 30th day after the date of exchange of the instruments of ratification; the Convention shall remain in force for an indefinite duration. 2. Each state may denounce the convention at any time, by written notice to the other state. In this case she will cease her validity after 6 months from the date of denunciation. Signed in Bucharest on September 21, 1998, in two original copies, each in Romanian, Kazakh and Russian, all texts having the same value. In case of divergence of interpretation between the text in Romanian and Kazakh, the text in Russian will prevail. For Romania, Mihai Razvan Ungureanu, State Secretary at Foreign Ministry The Republic of Kazakhstan, Kassymzhomart Tokaev, minister of foreign -----------------