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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071546/-lege-nr.-57-din-15-aprilie-1999-pentru-ratificarea-conveniei-consulare-dintre-romnia-i-republica-kazahstan%252c-semnat-la-bucureti-la-21-septembrie-199.html

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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 in Bucharest on 21 September 1998, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 185 of 29 April 1999, the Romanian Parliament adopts this law.


The sole article Shall ratify Consular Convention between Romania and the Republic of Kazakhstan, signed in Bucharest on 21 September 1998.
This law was adopted by the Senate at its meeting on 1 March 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. Senate CHAIRMAN MIRCEA IONESCU-QUINTUS 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 the Republic of Romania and the Republic of Kazakhstan Kazakhstan, animated by the desire to facilitate the development of friendly relations between the two countries, in the interests of strengthening economic cooperation, trade, scientific and technical, cultural and other fields, aiming to regulate the consular relations between them, have decided to conclude this Convention on consular and have agreed upon the following : Chapter 1 Definitions Article 1 Definitions of terms used in the Convention in this Convention the terms below have the following meaning: 1. consular means Consulate-general, Consulate, or consular agency viceconsulat;
2. consular district means the State of residence, given to consular office for the exercise of consular functions;
3. the head of the consular post shall mean the person tasked to lead the consular post;
4. consular officer "means any person, including the head of the consular post, entrusted with the performance of consular functions;
5. an employee of the consular post shall mean a person who performs under consular administrative and technical functions;
6. Service staff member means a person who performs tasks consular service line;
7. the staff of the consular means consular officers, consular employees and members of service staff;
8. staff member privacy means the person employed exclusively in the private service of a staff member of the consular post;
9. the consular premises means the buildings or parts of buildings, including the residence of the head of the consular post, as well as land that serve these buildings or parts of buildings that are used solely by the consular post, regardless of whom the property is situated;
10. the consular archives means the entire official correspondence, documents, books, cipher, secretarial, technical means and equipment intended for their preservation;
11. ship means a vessel flying the flag of the State of trimiţător, with the exception of the ship;
12. the aircraft means any aircraft registered in the State of trimiţător, which has a flight insignia and identification of this State, except the military apparatus.


Chapter 2 article 2 establishment of consular relations, consular post 1. Trimiţător State may set up a consular office in their 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 agreement between the State and the State of residence trimiţător.
3. Any subsequent changes concerning the consular office, rank, or its consular district should be determined by agreement between the trimiţător and the State of residence.


Article 3 the consular exequaturul and 1 Patent. Until the appointment of the head of the consular post, trimiţător State must be entrusted with, diplomatically, that the person named will get the agreement of residence for its recognition as head of the consular office.
2. Upon receipt of the agreement referred to in paragraph 1 of this article the State sends trimiţător Ministry of Foreign Affairs of the State of residence through its diplomatic mission, consular patent. Into indicate consular patent name and surname of the head of the consular post, its class, its consular district will exercise their functions, as well as the seat of the consular office.
3. The head of the consular office is permitted to exercise its functions only after the State issued the residence i exequaturul. Exequaturul shall be issued as soon as possible.
4. pending the issuance of State residence exequaturului may permit the provisionally as head of consular post to perform their duties. In this case the provisions of this Convention are applicable to it.
5. After the admission by the Chief of consular, even on an interim basis, the State of residence shall inform the competent authorities of the consular district and take measures to allow it to carry out its functions.


Article 4 temporary Exercise of the functions of the head of consular post 1. If the head of the consular office is prevented for any reason, to perform their duties or if the Office of Chief of the consular post becomes temporarily, vacation, trimiţător State can empower you to lead a transitional post on a consular officer within the same consular post or the other post of his State of residence times on one of the members of the diplomatic staff of the diplomatic mission of this State. Name and surname of the person empowered to lead, temporarily, the consular office will be notified, in advance, the Ministry of Foreign Affairs of the State of residence.
3. The person designated to temporarily lead the consular post shall enjoy the same rights, privileges and immunities are accorded to the Chief of the consular office in accordance with the provisions of the Convention.


Article 5 was declared non grata Person 1. The State of residence may at any time notify to, diplomatically, trimiţător State, as a consular officer is persona non grata or a consular employee or a member of staff on duty had become unacceptable.
In this case the State must trimiţător recheme person in the cause or to stop its activity.
2. If the State fails to fulfil this obligation trimiţător in a reasonable State of residence may withdraw any authorization or exequaturul, if you look on the head of the consular post, or to notify the trimiţător State, diplomatically, that refuse to recognize the person concerned as a member of the consular staff, whether a consular officer, a consular employee or a member of staff on duty.
3. In any of the cases referred to in paragraphs 1 and 2 of this article, the State of residence shall be obliged to motivate its decision.


Article 6 Notification by the State of residence of appointments, departures and arrivals trimiţător State notify the Ministry of Foreign Affairs of the State of residence or of the body designated by it: 1. appointment of members of the consular staff, or termination of the Mission's arrival at the post, as well as any other changes concerning their status, which occurred during their activity to the consular post;
2. arrival and final departure of a family member who lives with a member of the consular staff, as well as, where appropriate, the fact that a person becomes or ceases to be a member of the family;
3. arrival and final departure of members of the staff of private and, where appropriate, the termination of their service in this quality;
4. hiring and termination of membership of the consular staff or staff member privacy of persons residing in the State of residence, are entitled to privileges and immunities.


Article 7 Issuance of identity documents 1. The competent authorities of the Member State of residence shall issue, free of charge, every consular officer with a document that certifies the identity and its function.
2. The provisions of paragraph 1 of this article refers also to consular employees, to members of the service staff and to staff members, provided that such persons do not have the citizenship of the State of residence nor domicile in this State.


Article 8 Citizenship consular officials consular officers can only be trimiţător State citizens, who have no domicile in the State of residence and not exercise in that state their official duties aside, no other activity bringing income.


Chapter 3 Consular Functions Article 9 functions of consular consular Functions consist of: 1. defense in the State of residence of the rights and interests of trimiţător State, citizens and legal persons, in accordance with the rules of international law;
2. support the further development of relations between the two countries in the fields of economic, commercial, cultural, scientific and tourism; the strengthening of friendly relations between them in these areas, as well as in other areas.


Article 10 protection and consular assistance 1. Consular officer has the right to grant the necessary protection and consular assistance to citizens of the State trimiţător, communicate with them, to make recommendations and, where appropriate, to lend support to the realization of the rights they enjoy, in accordance with the laws of the State of residence, or with agreements in force between the two countries.
2. A citizen of the State trimiţător is entitled also to make connection with the consular officer to visit him and without any protective fencing.


Article 11 the exercise of consular functions

1. Consular Functions are carried out by consular officers of the State trimiţător.
2. In case of necessity, the exercise of consular functions can be carried out by members of the diplomatic staff of the diplomatic mission of the State of trimiţător in the State of residence, while respecting the rights and obligations of the members of the diplomatic staff.
Name and surname of the Member of the diplomatic staff to whom is entrusted the performance of consular functions must be notified, in advance, the Ministry of Foreign Affairs of the State of residence.
3. Consular Functions exercised within the consular district. Besides its consular officer may exercise its functions only with the consent of the State of residence.


Article 12 relation to authorities of the State of residence of the consular officer shall be entitled, in the exercise of its functions as provided for in this Convention, to apply to the competent authorities:-local consular district;
-the central authorities of the State of residence, to the extent that this is permitted by the laws of the State of residence.


Article 13 the exercise of consular functions for a third country to the consular officer has the right to exercise consular functions in the interest of a third State with the consent of the State of residence.


Article 14 registration of citizens of the State of trimiţător 1. Consular officer has the right to register the trimiţător State are citizens in our consular district.
2. the registration made by the consular officer shall not exempt citizens of the State of trimiţător the obligation of compliance with the requirements of the legislation of the Member State of residence in respect of registration of aliens.


Article 15 representation before State authorities of residence 1. Consular officer has the right to take action, in accordance with the laws of the State of residence, to ensure appropriate representation of the citizens of the State of trimiţător in front of the courts and other authorities of the State of residence. He may, in accordance with the laws of the State of residence to require the adoption of provisional measures to protect the rights and legal interests of the citizens of the State, or, if absent or if other well-founded reasons, are not in a position to defend, in a timely manner, the rights and interests.
2. consular officer also has the right to request the courts or other authorities to postpone the examination of the case which relates to the State's citizen trimiţător, until it will be notified and will have no real opportunity to present themselves in person or to be represented.
3. The representation referred to in paragraph 1 of this article shall terminate if persons represented their call their representatives or take personally defending their rights and interests.


Article 16 protection of the citizens of the State trimiţător 1. The competent authorities of the Member State of residence shall notify the consular officer about the arrest or detention of, in any form, of a citizen of the State of trimiţător, in the shortest time possible, but not later than 3 days from the date of arrest or apprehension thereof.
2. consular officer shall be entitled, in accordance with the laws of the State of residence, to receive correspondence or other shipments from State or citizen in custody, awaiting trial, at which he is detained, under any form, and to take the necessary steps in order to be granted legal assistance and representation.
Consular officer has the right to visit and communicate with the citizen of the State of trimiţător, located in the State of detention or who is detained under any other form or execute a penalty involving deprivation of liberty, under the conditions laid down by the laws of the State of residence, after the expiration of 5 days from the date of arrest or apprehension.
3. the competent authorities of the Member State of residence shall inform without delay the State citizen, trimiţător, about right or get connected with consular officer in accordance with the provisions of this article.


Article 17 Functions relating to passports and visas, consular officer has the right to: 1. to issue passports and other similar documents of the citizens of the State trimiţător, renew, extend, cancel them or carry out entries in them;
2. to grant entry visas and transit of persons who wish to visit or transit through the territory of trimiţător.


Article 18 Functions relating to issues of citizenship and the registration of civil status acts consular officer has the right to: 1. to receive requests in connection with citizenship issues;
2. to register and to issue appropriate documents for birth or death trimiţător citizens of the State;
3. where the legislation of the State of trimiţător, and State law allows its objects, to conclude marriage;
4. to inform the competent authorities of the Member State of residence about registering births, deaths and marriages, if it is required by the laws of the State of residence.
5. The provisions of paragraphs 1 to 3 of this article shall not exempt the persons concerned of the obligation to comply with the formalities required by the law of the State of residence.
6. Where the competent authorities of the State of residence shall be informed that in this state he died a citizen of trimiţător State, they must notify about it, without delay, the consular post.


Article 19 Functions relating to guardianship and curatorship 1. Consular officer has the right to apply to the authorities of the State of residence for the establishment of guardianship or trusteeship of the citizen of the State of trimiţător, located in the State of residence, and to propose the name of the person to be called as a tutor or curator.
2. Where the competent authorities of the State of residence have the knowledge that is necessary to establish guardianship or trusteeship for a citizen of trimiţător State, they shall inform the consular officer thereof within a period as short as possible.


Article 20 notary Functions 1. In accordance with the laws of the State of residence, consular officer has the right to receive:-to draw up and to authenticate the statements of citizens trimiţător State;
-to receive, to establish and authenticate the wills and other documents that pertain to the property of citizens of the State of trimiţător;
-to receive, to establish and authenticate documents that relate to other legal acts of the State trimiţător citizens, except for those documents setting out, it alienates or limited rights over immovable property situated in the State of residence;
-to legalise the seals and signatures of the acts and documents of legal nature, which emanate from State authorities or trimiţător of the State of residence;
-to legalize copies and certify translations of documents and legal records, as well as extracts from them;
-to receive towards preserving documents and legal documents, which belong to the citizens of the State trimiţător times that are addressed to them.
2. The functions listed in paragraph 1 of this article may be carried out at the premises of the consular post or in any other place, if the person concerned cannot present to the consular office from reasonable grounds.


Article 21 Functions relating to economic rights 1. The authorities of the State of residence shall inform as soon as possible about the death of a consular office of the State trimiţător and citizen will communicate all the information at their disposal relating to the assets of the estate, the heirs, people who have renounced the succession, as well as about the existence of a will.
2. the authorities of the State of residence shall inform the Office as soon as possible about the opening sequence changed in the State of residence when the heir or person renounce probate is a citizen of the State trimiţător.
3. If the consular post receives information on the goods referred to in paragraphs 1 and 2 of this article before they are known to the authorities of the State of residence, the consular office will inform the competent authorities without delay.
4. the authorities of the State of residence shall without delay inform the consular post of the measures taken or intends to take for the evaluation and conservation of goods referred to in paragraphs 1 and 2 of this article. Consular officer may request the authorities of the State of residence to take appropriate measures to preserve the estate.
5. the consular officer may also, in accordance with the laws of the State of residence:-to take action to defend the economic rights of the citizens of the State trimiţător;
-to pursue the transfer of sums of money and other property belonging to nationals of the State trimiţător.
6. The amounts of money, goods or records relating to the disposal of them, belonging to a citizen of the State trimiţător, which is not or is not represented in the State of residence, shall be forwarded to the consular office to be delivered to the holder. Consular office can receive these sums of money or goods, provided that they are declared within the time allowed by law, to pay or guarantee payment of all taxes and fees set by the law of the State of residence, to obtain the agreement of the competent authorities of the Member State of residence for the transfer of sums of money or goods from that country transmission in the trimiţător State.
7. If a citizen of the State of trimiţător died while temporarily or in transit through the territory of the State of residence, the amounts of money and his personal belongings shall be submitted, on a temporary basis and without ADO, consular office.

Transmission of personal belongings in the trimiţător State and the transfer of the money, with the exception of assets acquired in the State of residence and prohibited from removing from the land, shall be carried out in accordance with the laws of the State of residence.
8. trimiţător consular authorities of the State issuing or persons concerned a document confirming the receipt of sums of money or goods that have been delivered in accordance with paragraphs 6 and 7 of this article.
9. trimiţător State Citizens enjoy the same rights as citizens of the State of residence as regards the acquisition of property and succession.
10. consular Functions provided for in art. 20 of the present Convention, shall be exercised in respect of the goods and rights of a deceased person unless they do not contravene the provisions of this article.


Article 22 Functions in the field of maritime navigation 1. Consular officer has the right to grant any support and assistance to the vessel in the trimiţător State, or in any other place.
2. consular officer may board the vessel immediately after it was approved for the contact with the shore, and the ship's master and crew members can get connected with the consular officer.
3. the consular officer may ask the competent authorities of the State support of the residence in any issues related to the performance of its functions relating to the vessel the boatmaster trimiţător State, and the crew members.
4. consular officer has the right to:-without prejudice to the competence of the authorities of the State of residence, to carry out research in connection with any acts of State trimiţător spent on the vessel while it was in a race or is anchored in a port, to question the master or any member of the crew, to check the ship's papers, to receive statements in connection with the load and the place of destination as well as to facilitate the entry and departure of the ship, the stationing of the port;
-without prejudice to the competence of the authorities of the State of residence, to take the necessary measures for the settlement of disputes between Commander and any crew member, including those relating to conditions of work, to the extent that State law trimiţător provides it;
-to ensure the repatriation of hospitalisation or master of the vessel or crew member;
-to receive, to draw up, to legalize, certify or authenticate any statement or other document required by State law regarding trimiţător;
-to issue provisional certificates that give the right vessel purchased or built to fly the flag of the State of trimiţător, in accordance with the laws of that State. If the courts or other competent authorities of the Member State of residence intend to take measures of constraint to perform criminal acts on the ship trimiţător State, the competent authorities of the Member State of residence shall notify the consular officer. This notice will be made in advance, so that the consular officer may be present at such measures. If the consular officer was not present, the competent authorities of the Member State of residence shall present, upon request, full information on the measures they have taken.
Consular officer will be notified and if the master or any member of the crew to be interrogated on shore by the competent authorities of the Member State of residence.
The provisions of this paragraph shall not apply in respect of customs control, or the documents for crossing the border, as well as in respect of any action taken at the request or with the consent of the master of the vessel.
6. the authorities of the State of residence shall inform as soon as consular officer if a boatload of trimiţător State failed or wrecked, suffered any damage within the limits of the territorial waters of the State of residence or if any other object that is part of the cargo ship damaged, property of a citizen of the State of trimiţător, was found on the shore or near the shoreline of the State of residence of the times was brought to the port of that State. they will communicate to the consular officer the steps taken to save the crew of the vessel, passengers, cargo, and other property on board the ship or vessel that belonged to or was part of its charge and were separated from it. Consular officer may grant any assistance to such a ship, crew members and passengers; for this purpose he may apply to the competent authorities of the Member State of residence, which will provide the necessary support.
Consular officer may take action to repair the ship times may apply to the competent authorities of the Member State of residence to assist in achieving them or them to take such measures or to continue.
8. If the vessel is damaged or any objects that belonged to such ships were found near or on the coast of the State of residence or the shoreline were brought into a port of that State, and the master of the vessel, its owner, agent maritime, insurance undertakings shall not have the opportunity to undertake measures for the preservation or for disposition of such vessel or object (s) found , the consular officer is deemed to be authorized to carry out, on behalf of the owner of the vessel, the steps we could undertake the owner himself. These provisions apply, as appropriate, any object that is part of the ship's cargo and is owned by a citizen of the State of trimiţător.
9. If any object that is part of the cargo ship damaged the property of a third State is a citizen of the State of trimiţător and is found on or near the coast of the State of residence times is brought into a port of that State, and the master of the vessel, the owner of the object, the maritime agent, insurance undertakings shall not have the opportunity to undertake conservation measures or provision concerning such an object , the consular officer is deemed to be authorized to take decisions on behalf of the owner, of the measures they could take to himself.


Article 23 Functions in the field of air navigation article. 22 of this Convention shall be applied properly and air navigation, without prejudice to other arrangements in force between the two countries.


Article 24 Other consular consular officer functions can perform any other functions entrusted to it by the consular trimiţător, not provided for in this Convention, if the State of residence, which must be informed about these, or not allow their fulfilment has objections.


Chapter 4-privileges and immunities Article 25 consular Protection activity of the State of residence shall take all measures necessary to ensure that the conditions of normal operation of the consular post, as well as ensure that consular staff are able to exercise its functions and to benefit from the privileges and immunities provided for in this Convention.


Article 26 use of the national flag and emblem 1. The shield with the arms of the State and the inscription trimiţător with the name of the consular post, written in trimiţător State and State of residence, can be pinned on the consular building.
2. Flag trimiţător can be hoisted on the building of the consular office at the residence of the head of the consular post and also on the means of transport used by the head of the consular post, where it meets the official functions.
3. In exercising the rights provided for in this article shall be complied with laws, regulations, rules and practices of the Member State of residence.


Article 27 purchase of premises 1. Trimiţător State may, under the conditions and in the manner laid down by the Member State of residence, to acquire property or to rent land, buildings or parts of buildings, to build buildings and to fit out the land necessary for the location of the consular premises, as well as housing for members of consular staff.
2. the State of residence will assist the State in obtaining trimiţător lands, premises or parts of premises for the purposes referred to in paragraph 1 of this article and will facilitate the State trimiţător to acquire buildings in another way.
3. the provisions of this article shall not exempt the State from the obligation of compliance with trimiţător the laws and regulations of the State of residence relating to the construction and ordering of the city in the area where land, buildings or parts of buildings thus acquired.


Personal Inviolability of article 28 1. Consular officers, consular employees and their family members living together with them enjoy inviolability. They will not be subjected to arrest or apprehension in any form. These provisions shall not apply to the persons referred to in art. 45 of the present Convention.
2. the State of residence shall be obliged to treat consular officers with due respect, consular employees and their family members who live together and to take appropriate steps to prevent any person, shall mean the freedom or their dignity.


Inviolability of the consular premises of article 29 and the residence of the head of consular post 1. The head of the consular premises and consular residence are inviolable.

2. the authorities of the State of residence cannot penetrate the consular premises without the consent of the head of consular post of the State trimiţător or Chief of mission trimiţător State in the State of residence or the person designated by one of them.
These provisions shall 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 in order to prevent forced entry into these, and to prevent any action that would damage them or would be prejudicial to the dignity of the consular office.
4. Goods which are used solely for the performance of functions by the consular office of the State trimiţător, including its means of transportation, no matter to whom the property is situated, are not subject to requisition, confiscation or other measures which would prevent the normal activity of the consular office. Means of transport flying apart consular post may not be assumed from the authorities of the State of residence, without the consent of the head of the consular post or diplomatic mission of the State Chief trimiţător.


Article 30 the State Exemption trimiţător consular taxes and duties of consular trimiţător State is exempt in the State of residence of any taxes or duties, national or local, to:-land, buildings and parts of buildings that are owned by the State trimiţător times that are leased by him or in his name and that are used for carrying out the work of the consular post or as housing for consular officers , consular employees and members of the service staff, with the exception of fees for special services rendered;
-contracts and documents relating to the acquisition of such property, if the State trimiţător obtain them exclusively for the work of the consular post;
-any movable property, including means of transport, which are owned by the State, or use trimiţător and which are used solely for the activities of the consular office.


Article 31 the inviolability of consular archives consular Archives are inviolable at any time and any place would be.


Article 32 freedom of communication 1. Consular post shall have the right to communicate with the Government of the State of trimiţător, with the diplomatic missions and consular posts with, situated in the State of residence or in other States. State of residence ensures the necessary conditions for this.
Consular office can use all the usual means of communication, diplomatic couriers, cipher and consular, diplomatic and consular bags.
2. The use of ordinary consular communication shall be subject to the same tariffs as diplomatic mission.
Consular office can be installed and can use a radio transmitter only with the consent of the State of residence.
3. the official Correspondence of the consular post, regardless of the means of communication used, suitcase with consular outward signs indicate what her character visible, is inviolable; It is not subject to control and may not be retained by the authorities of the State of residence.
4. the consular Courier shall be a national of the State trimiţător, who do not have permanent residence in the State of residence. State of residence ensures the necessary conditions for the consular courier's fulfilment of its obligations and enjoy the same rights, privileges and immunities as diplomatic courier.
5. The suitcase can be entrusted to the consular Commander of the ship or aircraft. It must have an official document indicating the number of packages of which it consists, without consular suitcase be considered courier post. Consular officer can take over suitcase nestanjenit and consular, directly, from the master of the ship or aircraft and to teach in the same way.


Article 33 away freedom consular officer, consular employee and service personnel are entitled to move freely within the territory of the Member State of residence, except in the areas to which access is prohibited or restricted aliens.


Article 34 Consular Fees and taxes 1. Consular consular fees may be charged within the territory of the State of residence, in accordance with the laws and regulations of the State of trimiţător.
2. Fees are exempt from taxes in the State of residence.


Article 35 Immunity of jurisdiction of consular officers 1. Consular officer shall enjoy immunity from the criminal jurisdiction of the State of residence. He shall also enjoy immunity from civil and administrative jurisdiction thereof, with the exception of the following civil actions: actions relating to a real-estate private, located within the territory of the Member State of residence, if the consular officer does not possess the trimiţător State for carrying out consular functions;
-actions relating to succession in which the consular officer listed as executor, guardian/curator, heir or legatar and not trimiţător on behalf of the State;
-the actions resulting from the conclusion of a contract by a consular officer, which it has not concluded, directly or indirectly, in his capacity as trustee of the State trimiţător;
-actions brought by a third party for damage arising from an accident caused in the State of residence of a means of transport by road.
2. The consular officer cannot be taken any measure of execution, except in cases referred to in paragraph 1 of this article, and only if, the execution can take place without prejudice to the individual or his inviolabilitatii home.


Article 36 the immunity of jurisdiction of the employee Employee consular consular office enjoy immunity from the criminal jurisdiction of the State of residence. He also enjoys immunity from jurisdiction of the State of residence in civil and administrative cases. 35 this Convention only for acts done in the exercise of his official functions. These provisions shall not apply to the persons referred to in art. 45 of the present Convention.


Article 37 the immunity from jurisdiction of members of the service staff service personnel enjoy immunity from civil and criminal jurisdiction, the administrative State of the residence only for acts done in the exercise of their official duties. These provisions shall not apply to the persons referred to in art. 45 of the present Convention.


Article 38 the immunity from jurisdiction of members of the family Immunities under article 4. 35-37 of this Convention for consular officers, consular employees and members of the service staff apply properly and their family members living together.


Article 39 the filing of testimony 1. The authorities of the State of residence may require consular officers or consular employees, members of service personnel to testify in criminal cases and administrative cases. Consular officers can refuse deposition testimony in front of the courts and other authorities of the State of residence, and in this situation against them cannot be taken any kind of coercive measures.
2. consular Employees and members of the service staff can not refuse to testify, except for the facts that are unrelated to their official duties.
3. the authorities requesting testimony from members of the consular staff should refrain from intervening in matters relating to their official activity. Also, when possible, and if it already exists, can be considered consent, in writing or orally at the consular office or at his residence in the consular staff, so should not be prevented from performing the duties of such persons.
4. consular officer who has consented to testify is entitled in lieu of oath to give a written statement.


Article 40 exemption from mandatory benefits and other obligations of members of the consular post and their family members living together with them are exempted in the State of residence of any mandatory benefits. The provisions of this article shall not apply to the persons referred to in art. 45 of the present Convention.


Article 41 Exempting members of consular taxes and duties 1. Consular officers and consular employees and members of their families living together with them are exempted in the State of residence of any taxes or duties, national and local.
2. The exemptions referred to 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 the private estate, located on the territory of the State of residence;
-taxes and fees for succession and property acquired in the State of residence, except in the cases referred to in article 1. 43 of this Convention;
-taxes and fees on revenue of any kind that have their source in the State of residence, with the exception of salaries received for their official activity;
-taxes and duties of any kind for transactions or documents that relate to them;
-fees for services rendered.
3. the State of residence of the members of service personnel are exempted from paying any taxes on salaries received for their work.

4. consular staff members, who use personal private whose retributie is not exempted in the State of residence of the income tax, must comply with the laws of the State of residence in respect of levying income tax.
5. The provisions of paragraphs 1 and 3 of this article shall not apply to persons referred to in art. 45 of the present Convention.


Article 42 Relief of customs control and customs duties 1. State of residence permits to enter and trimiţător State to outlaw all goods, including cars, intended for the use of consular post, free of customs duties and customs controls, except the costs of transportation and storage, for similar services.
2. consular officer may import into the State of residence and to export its baggage, personal belongings and other items, including automobiles, which are intended for the use of his or her family members, with whom he is living together without customs inspection, duties and taxes, levied by the State of residence to imports and exports of goods.
3. consular Employees and members of the service staff shall enjoy the rights provided for in paragraph 2 of this article to the articles imported at their first deployments.
4. This article cannot be interpreted as meaning that it allows the importation in the Member State of residence or export therefrom of goods that are prohibited importation or exportation of the laws of the State of residence.
5. Personal baggage consular officials are not subject to customs control. They can be controlled only if there are serious reasons to believe that they contain goods other than those referred to in paragraph 2 of this article or goods banned from import and export or are subject to quarantine measures, in accordance with the laws and regulations of the State of residence. In such cases the control may take place in the presence of the consular officer or a member of his family. If the consular officer refuses to agree to control personal luggage, luggage is resubmitting to the place of departure.


Article 43 the assets of a member of the consular staff who died in the death of a member of the staff of the consular post or of a family member who lives with him, State of residence:-the export of 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;
-release the movable property of the deceased any taxes and duties, provided that the goods to be located within the territory of the Member State of residence only because of this deceased as a member of the staff of the consular post or of a member of his family.


Waiver of immunities of article 44 1. Trimiţător State may waive the immunity of jurisdiction of a member of the staff of the consular post and members of his family who live with him. In all cases, the waiver must be express and in written form. Waiver of immunity from jurisdiction for a civil action does not mean waiving immunity regarding the execution of the judgment, for which a waiver is requested.
2. If the consular officer or other person who enjoy immunity from the jurisdiction of the State of residence, in accordance with art. 35-38 of this Convention, an action, this files cannot invoke immunity from jurisdiction against any counter-claim directly connected with the main application.


Article 45 exceptions to privileges and immunities privileges and immunities provided for in this Convention, with the exception of paragraph 2 of article 4. 43 and 39, does not apply to members of the consular staff and members of their families residing together with them, if they are nationals of the Member State of residence or reside in that State.


Article 46 the beginning and termination of privileges and immunities accorded 1. Consular officer, consular employee and a member of the service staff shall enjoy the privileges and immunities referred to in this Convention at the date of the crossing of the State of residence to take over the functions or if it is already in the State of residence, from the moment of their entry into Office.
2. Family members of persons against which apply the provisions of paragraph 1 of this article shall enjoy the privileges and immunities laid down for them by this Convention:-from the date when the consular officer, employee or member of the consular service staff get the benefit of the privileges and immunities in accordance with paragraph 1 of this article;
-from the moment of crossing the State of residence if they arrive later;
-from the moment they became members of their family.
3. Upon expiry of the exercise of the duties of consular officers, consular employee or member of the service staff of their immunities and privileges, and immunities and privileges to the members of their family ceases from the moment it was out of their State of residence or after the passage of a reasonable period of time after the grant thereof.
4. the immunities and privileges of their family members also ceases from the moment they are no longer members of the families of consular officers, consular employee you or member of staff on duty. However, if the person concerned gives guarantees that it will leave the State of residence within a reasonable time limit, it shall enjoy the immunities and privileges up to the exit of the State of residence.
5. In case of death of a consular officer, employee of the consular post or of a member of staff on duty, members of his family continues to enjoy privileges and immunities provided for in the present Convention until such time as they leave the territory of the State of residence or on expiry of a reasonable period within which they shall have been granted for this purpose.


Article 47 Insurance for damages caused to third parties, persons enjoying immunities and privileges, according to this Convention, shall be obliged to respect the laws and regulations of the State of residence on insurance for damage caused to third parties as a result of the use of any means of transport by road, air or inland waterway.


Article 48 the performance of consular functions by a member of the diplomatic staff of consular functions Fulfillment by a member of the diplomatic staff of the diplomatic mission of the State of trimiţător in the State of residence shall not prejudice, in any way, its privileges and immunities accorded to diplomatic, even though it exercised consular functions on a temporary basis.


Article 49 compliance with laws of the State of residence 1. Without prejudice to the privileges and immunities accorded referred to in this Convention, persons enjoying privileges and immunities to respect the laws and regulations of the State of residence and not to meddle in the internal affairs of that State. The privileges, immunities and facilities provided for the consular officers, consular employees and members of the service staff shall be used solely for the performance of their official functions.
3. the consular Premises shall be used only for consular activities.
4. consular Archives should contain only documents and official objects.


The appointment of honorary consuls in article 50 the appointment of honorary consuls shall be made by each State, according to the provisions of articles of the Vienna Convention since 1963, concerning consular relations.


Chapter 5 final provisions Article 51 the ratification, entry into force and termination of validity 1. This Convention is subject to ratification and shall enter into force on the 30th day after the date of the exchange of instruments of ratification; the Convention remains in force for an indefinite period.
2. each State may denounce the Convention at any time by written notification addressed to the other State in that event it shall cease to be valid after 6 months from the date of termination.
Signed at Bucharest on September 21, 1998, in two originals, each in the Romanian, Kazakh and Russian languages, all texts have the same value. In case of divergence of interpretation between the text in the Romanian and Kazakh languages, will prevail in the Russian language.
For Romania, Mihai Razvan Ungureanu, State Secretary at the Ministry of Foreign Affairs for the Republic of Kazakhstan, Kassymzhomart Tokaev, Minister of Foreign Affairs — — — — — — — — — — — — — — — — —