Amendments to the Law 19 April 1979 n REPUBLIC OF SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law n.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on July 19, 2012: LAW 30 July 2012 AMENDMENTS TO THE LAW Ranked # 100 19 April 1979 Ranked # 13 "LAW FOR THE REGULATION OF DIPLOMATIC MISSIONS AND CONSULAR "Art. 1 Article 1 of the Law of 19 April 1979 13 is replaced by the following:" Art.1 the Republic of San Marino, in relations with other States, the organizations and international organizations, it makes use of its missions diplomatic, which are divided into at United Embassies and Missions and permanent delegations to international organizations or institutions, which are called diplomatic Missions. The Republic also has no ambassadors and ministers available, which is entrusted with specific tasks by the Congress of State and the Secretary of State for Foreign Affairs. The Republic is also informed of their consular offices abroad, which are organized into Consulates General and Consulates. The diplomatic missions and consular offices are regulated and operate on the basis of the provisions of law, the Conventions, Treaties and international customs. The Great and General Council ratified agreements of establishment of official relations with other states, acts of accession to organizations, conventions and international agreements as well as acts of removal or closure of diplomatic missions and consular offices, approved by the State Congress on the proposal of the Secretary of State for Foreign Affairs, after consultation with the Permanent Council Commission Foreign Affairs, Emigration and Immigration, Security and Public Order, Information. ". Art. 2 Article 2 of the Law of 19 April 1979 13 is replaced by the following: "Art.2 The Congress of State, acting on the proposal of the Secretary of State for Foreign Affairs, and with subsequent acknowledgment of the Council Commission permanent Foreign Affairs, Emigration and Immigration, Security and Public Order, Information, appointment, the destination, the transfer and the status of diplomatic agents and consular. Diplomatic agents are recruited: a) between the personnel of the Department of Foreign Affairs from the Foreign Service; b) among the citizens of San Marino; c) between citizens of San Marino, where it is quite appropriate to be achieved, or is difficult to provide otherwise. Diplomats can also play consular functions. Consular agents are recruited: a) among the citizens of San Marino; b) among the citizens of San Marino, where it is quite appropriate to be achieved, or is difficult to provide otherwise. ". Art. 3 Article 3 of Law 13 of 19 April 1979 is replaced by the following: "Art.3 The relationship between the State and the diplomatic and consular agents shall be governed by special conventions renewable every two years, approved by the State Congress on the proposal of the Secretary of State for Foreign Affairs and subsequent acknowledgment of the Permanent Council Commission Foreign Affairs, Emigration and Immigration, Security and Public Order, Information. These conventions, with the indication of the prerogatives and privileges associated with the functions of the diplomatic and consular agents, include: intake of obligations and expenses, any remuneration for diplomatic agents coming from outside the diplomatic service, any reimbursements for consular staff and the circumstances that can lead to the early termination of the engagement. The assignment can still be revoked at any time by the State Congress, with 60 days' notice. The remuneration for the diplomatic agents from the diplomatic service are provided in the specific legislation that affects them and, in the case of service at the Missions abroad, they shall be governed by the Regulation connected with the regulation. For Diplomatic agents coming from outside the diplomatic service of the State Congress may provide for the payment of a refund at the bottom of the list for appropriately authorized activities and / or providing compensation. Consular agents carry out their activities free of charge. If the circumstances of the case make it unavoidable for the effective discharge of the consular, the Congress of State may provide for the payment of a refund at the bottom of the list for appropriately authorized activities or the provision of compensation or coverage of expenses lump. The diplomatic missions and consular offices are staffed
administration to be recruited with a private contract, with the approval of the State Congress. Diplomatic and consular agents can not take positions incompatible with the diplomatic or consular functions in accordance with applicable regulations and are required to step down if the same cover them at the time of signing of the agreement. The office of consular or diplomatic agent is incompatible with that of the Great and General Council member. If a member of the Council Great and General accesses to the diplomatic or consular career must submit, within three months of the appointment, his resignation from the Board. All diplomatic and consular offices shall be incompatible with the office of President or Vice-President, Secretary General or Director or equivalent function of organizations of employers and workers, as President or Vice-President of the Community of San Marino abroad to delegate or representative of the Communities at the Consulta of San Marino citizens abroad. Diplomatic and consular agents, must promptly notify the Secretariat of State for Foreign Affairs, the slope of criminal proceedings against them in any country. The Congress of State may decide the revocation with immediate effect. The State Congress will deliberate also the revocation with immediate effect in all cases of harmful behavior of the prestige and interests of the Republic. Diplomatic and consular agents from government employees who, at the time of entry into force of this Act, pay already employed by the foreign office, retain the right to maintain the organic place, and ripen all other rights attached to the original report work, as if they had paid in the service. ". Art. 4 Article 4 of the Law of 19 April 1979 13 is replaced by the following: "Article 4. The State Congress on the proposal of the Secretary of State for Foreign Affairs and in accordance with the provisions of this law and the Conventions International on the subject, is competent to: a) make the appointment of diplomatic and consular agents and corresponding credit; b) to appoint the diplomatic agents available, with target, tasks and assignments to be determined case by case; c) decide on the participation in conferences and international congresses, with the designation of the call delegation to represent the Republic; d) establish special and extraordinary diplomatic delegations for temporary missions. The Congress of State shall also have jurisdiction to grant the approval of holders of diplomatic missions and consular offices of foreign states accredited to the Republic. ". Art. 5 Article 5 of the Law of 19 April 1979 13 is replaced by the following: "Article 5. The Heads of Mission and holder of Consular Offices, whose title and rank are determined according to the provisions of Annex" A ", they are accredited by the Captains Regent with their letter. The accreditation of the other diplomats and consular agents in Annex "A" occurs with notice of the Secretary of State for Foreign Affairs. The State Congress on the proposal of the Secretary of State for Foreign Affairs, may, in case of absence or impediment of the Chief of a diplomatic mission or a consular office and in special cases of urgency or need, to give, on an extraordinary, the acting head of the Mission or consular Office Agent diplomatic or consular higher grade of the same mission or office, which respectively assume the title of Charge d'Affaires ad interim or the Regent. ". Art. 6 Article 11, letter c), of the Law 19 April 1979 13 is replaced by the following: "c) not hold, during the performance of their tasks, duties incompatible with their duties, under the top Article 3, as well as elective offices of a political nature. ". Art. 7 Article 12, fourth paragraph, of the Law 19 April 1979 13 is replaced by the following: "Likewise, every diplomatic mission and every consular office has access to the Laws and Decrees of the Republic and is required to make them available to interested parties who request it, or to communicate to them the means of access by electronic means. ". Art. 8 Article 14, first paragraph, of the Law 19 April 1979 13 is replaced by the following: "The Regency is authorized to enact appropriate delegated decree for the opening of each Diplomatic Mission or Consular Office in the execution of agreements and International conventions ratified by the Great and General Council. ". Art. 9 The fees referred to in the fourth paragraph of Article 3 of the upper remain regulated by
conventions in force, pursuant to Article 64 of the Law n.200 / 2011, until the entry into force of the Law amending the Law n.105 / 1993. Art. 10 E 'repealed the last paragraph of Article 9 of the Law of 19 April 1979 13. Art. 11 This Law shall enter into force on the ninetieth day following that of its legal publication. Our Residence, this day of July 30 2012/1711 THE CAPTAINS REGENT Maurizio Rattini - Italo Righi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta 1 APPENDIX "A" GRADE AND FUNCTIONS Diplomats Ambassador - Head of the Diplomatic Mission Ambassador Extraordinary available Posted and Head of Diplomatic Mission Plenipotentiary Minister - Minister at Diplomatic Mission Minister Counsellor at Diplomatic Mission Minister Counsellor available - First Counsellor at Diplomatic Mission Embassy Counsellor - Second Counsellor at Diplomatic Mission First Secretary of Embassy - First Secretary at the Mission According to diplomatic Secretary of Embassy - Second Secretary at diplomatic Mission Consular Chief of the Consulate General (Consul General) Consul at the Consulate (Consul General Consulate Cape) Vice-Consul at the Consulate General or at the Consulate Consul available (subject to availability)