The current Regulation of the Honorary Agents of Spain abroad dates back to 1984, when it was approved by Royal Decree 952/1984. It is, therefore, prior to the main provisions governing the structure and functions of the General Administration of the State in the Foreign Affairs: Chapter III, Title II of Law 6/1997 of 14 April 1997 on the Organization and the Functioning of the the General Administration of the State; Royal Decree 632/1987, of 8 May, on the Organization of the Administration of the State in the Exterior; and Royal Decree 1416/2004, of 11 June, for which the basic organic structure of the Ministry of Foreign Affairs and Cooperation. This gap requires the adoption of a new regulation which, in addition to being adapted to the existing set of rules, is an appropriate instrument for responding to the new needs and situations to be faced by consumers. fees from Spain. The new Regulation which is now adopted is fully adapted, as it could not otherwise be, to the provisions of the Vienna Convention on Consular Relations of 24 April 1963, of which Spain is a party (published in the Official Gazette of the State of 6 March 1970), and in its preparation have been taken into account both the case law of the International Court of Justice and the most modern doctrinal contributions and the experience accumulated in this field by our Foreign Service. In this way, and without giving up the old principles of service, effectiveness and supervision by the Diplomatic and Career Consulates missions, already present in the historic Regulation of Viceconsules and Spanish Agents in Foreign 1929, the new regulation seeks to define an adequate functional space for the exercise of activities that the globalization of international relations and the increasing development of the exchanges of all kinds force to realize in a way It is an agile, systematic and fully adapted to the new information technologies and telecommunications. Furthermore, the adoption of this Regulation must be within the framework of the impetus and improvement of the external action of the State which is being developed by the Government of the Nation, in accordance with the recommendations made by the Commission. Inter-ministerial for the Integral Reform of the External Service and in particular, it comes to comply with the measure provided for in point 2.2 (fifth indent) of the second paragraph of the Council of Ministers Agreement of 1 September 2006 measures for the enhancement of the external action of the State (published by the Order) AEC/2783/2006 of the Ministry of Foreign Affairs and Cooperation of 7 September 2006. The Regulation now approved consists of two titles, respectively, dedicated to Honorary Consular Offices and Honorary Consular Agents. Thus, while Title I deals with the definition of honorary consular posts and the procedure to be followed for their establishment and abolition, Title II focuses on the personal sphere, regulating the issue of the the appointment and separation of the Honorary Consular Agents, their functions and duties, and other aspects related to their activity and obligations. In its virtue, on a proposal from the Minister for Foreign Affairs and Cooperation and after deliberation by the Council of Ministers at its meeting on 26 October 2007

D I S P O N G O:

Single item. Adoption of the Regulation.

The Regulations of the Honorary Consular Agents of Spain are approved abroad, the text of which is inserted below.

First transient disposition.

The categories that currently exist as Head of Honorary Consular Office may be revised to adapt them to the provisions of the Regulation that are now approved, provided that they represent an improvement for their holders.

Second transient disposition.

The period of five years and any extensions referred to in paragraph 3 of Article 7 of the Regulation, which is now approved, will begin to be counted from the date of entry into force of this Royal Decree.

Single repeal provision. Regulatory repeal.

The Royal Decree 952/1984 of 25 April 1984, which is approved by the Rules of Consular Agents of Spain, is repealed.

Final disposition first. Development and implementation.

The Minister of Foreign Affairs and Cooperation is hereby authorized to make the provisions and to adopt the measures necessary for the development and implementation of this Royal Decree and of the Regulation which approves.

Final disposition second. Entry into force.

This Royal Decree will enter into force within thirty days of its publication in the "Official State Gazette".

Given in Madrid, 29 October 2007.

JOHN CARLOS R.

The Minister of Foreign Affairs and Cooperation, MIGUEL ANGEL MORATINOS CUYAUBE

REGULATION OF HONORARY CONSULAR AGENTS OF SPAIN ABROAD

TITLE I

From Honorary Consular Offices

Article 1. Definition.

1. An honorary consular office means a Consular Office which is not run by a consular post of career, and which, in the case of being a Spanish nationality, does not belong to any of the General Administrations. 2. Honorary consular posts shall be of two categories, Honorary Consulate and Honorary Viceconsumo, both of which are included in Article 9 of the Vienna Convention on Consular Relations. The category of Honorary Consulate will be reserved to countries where there is no resident consulate or resident diplomatic mission, constituencies with a wide Spanish colony or where special circumstances so advise.

Article 2. Establishment of honorary consular offices.

1. The Ministry of Foreign Affairs and Cooperation, when it considers it necessary or appropriate for the objectives of foreign policy or for the best development of the consular functions of protection and assistance to the Spanish abroad, may decide to establish an honorary consular post, subject to the provisions of Articles 4 and 68 of the Vienna Convention on Consular Relations.

2. The establishment of an honorary consular post shall be carried out by the Order of the Ministry of Foreign Affairs and Cooperation. The initiative will be the responsibility of the Directorate-General of the External Service, which will have to have the mandatory report of the Directorate General for Consular Affairs and Assistance, and after processing and approval of the proposal to which it refers. Article 4 of this Regulation. 3. The honorary consular offices shall be part of the consular network of the Ministry of Foreign Affairs and Cooperation.

Article 3. Consular constituency.

The ministerial order referred to in the previous article shall specify the constituency and seat of the honorary consular office, as well as the consular post office of which, where appropriate, it depends. In those countries where the consular post is to be held, it will be necessary to rely on the accredited diplomatic mission, either resident or on a multiple accreditation basis.

Article 4. Proposal for the establishment of an honorary consular post.

1. The proposal for the establishment of an honorary consular post shall be made by reasoned dispatch addressed to the Directorates-General of the Foreign and Security Service and Consular Assistance of the Ministry of Foreign Affairs and Cooperation. Consular post office, through the respective Diplomatic Mission, which will process it together with a report on the desirability and opportunity of such a request.

2. When there is no consular post, the proposal will be made directly by the Diplomatic Mission.

Article 5. Content of the proposal.

1. The proposal will be motivated and must contain as many data and reasons as possible. It shall propose the delimitation of the consular district covering the honorary consular post and the location of its seat.

2. Where the proposal concerns previously existing constituencies, the document shall detail the amendments to be made to the other honorary consular posts. 3. In each case, the map of the area shall be attached, indicating the delimitation of the corresponding constituencies and their headquarters.

Article 6. Abolition of the honorary consular post, amendment of the constituency and change of seat.

1. The abolition of the honorary consular post shall be carried out by the Order of the Ministry of Foreign Affairs and Cooperation, in accordance with the procedure laid down in Articles 4 and 5 of this Regulation.

2. The provisions of those Articles shall also apply to the amendment of the constituency or to the location of the seat of the honorary consular post.

TITLE II

From Honorary Consular Agents

Article 7. Exercise of consular functions by honorary consular agents.

1. Persons who are appointed by the Ministry of Foreign Affairs and Cooperation as holders of honorary consular posts may exercise consular functions, on a limited basis and by delegation, in the form of auxiliaries and collaborators of the diplomatic or consular officials of the career of those who are dependent on the terms laid down by the Vienna Convention of 24 April 1963 and, where appropriate, in accordance with the provisions of the bilateral conventions and in accordance with the provisions of the The provisions of the Internal Laws and Regulations, both in Spain and in the receiving State. 2. The appointment as honorary consular agents of Spain shall in no case involve the acquisition of the status of career civil servants of the Spanish Public Administrations, nor the consideration of persons incorporated in them. by a relationship of professional and paid services governed by the administrative law in the terms established by Spanish law in the field of civil servants. 3. The honorary consular agents shall be appointed for a period of five years, which may be extended as many times as appropriate, in accordance with the procedure laid down in Article 9 (1) of this Regulation. 4. Honorary consular agents will not necessarily have to hold Spanish nationality and may develop commercial or professional activities at the same time as the consular functions.

Article 8. Appointment.

The honorary consular agents will be appointed by Order of the Ministry of Foreign Affairs and Cooperation through the Directorate General of the Foreign Service, with the necessary favourable report of the Directorate General (a) of the Committee on Foreign Affairs, Security and Defence Policy and the Committee on Legal Affairs, Security and Defence Policy.

Article 9. Proposal for appointment and extension.

1. The appointment and extension of the honorary consular agents shall be made on the proposal of the Head of the consular post of career within whose constituency the Honorary Consular Office is located. The proposal shall be processed through the Head of the Diplomatic Mission, who shall, in any case, report on the origin of the designation or extension of the proposed holder.

2. Where there is no consular post, the nomination shall be made directly by the Head of the relevant diplomatic mission in accordance with the provisions of Article 4 of this Regulation.

Article 10. Content of the proposal.

The request for appointment, which will be made by the Office separate from the proposal for the establishment of the honorary consular post and only once the creation of the consular post has been approved, must contain an explanation details of the appropriateness of the name of the proposed holder and, in any case, shall make a detailed reference to the concurrency in the person who proposes the conditions required by the following Article.

Article 11. Conditions required.

1. The person whose candidacy is proposed must be of age and resident at the place established as the seat of the honorary consular office and locally known for its good repute and prestige. The information collected by the Head of the consular post office or the Head of the Diplomatic Mission making the proposal shall show the capacity and will of the person selected to perform with dedication and dignity. representative or management functions which may be entrusted to it.

2. Spanish nationals who have not fulfilled the duties established by the Constitution and the legislation in force cannot be proposed. In no case may the Spanish nationals who have lost their nationality be subject to the provisions of Articles 24 and 25 of the Civil Code, according to Law 36/2002 of 8 October, amending the Civil Code in the field of nationality.

Article 12. Patent Letter.

1. In accordance with Article 11 of the Vienna Convention on Consular Relations, the Head of the Honorary Consular Office shall be provided with a patent letter attesting to his condition and stating his full name, nationality and category, consular district and the seat of the consular post office or diplomatic mission of which it is based.

2. The patent card shall be authorised by the Head of the consular post of the career or, where appropriate, by the Head of the Diplomatic Mission. Once signed, it shall be forwarded for notification to the Government of the State in whose territory the functions of those authorities are to be exercised, in order to obtain the exequatur provided for in Article 12 of the Vienna Convention on Consular Relations.

Article 13. Acceptance and inauguration of the Head of the Honorary Consular Office.

The Head of Mission shall communicate to the Ministry of Foreign Affairs and Cooperation and to the Head of the consular post of race the date of the award of the exequatur. This or, where appropriate, the Head of Mission shall give possession to the Honorary Consular Agent, communicating to the Ministry the date thereof.

Article 14. Attributions.

1. Honorary consular agents shall act as auxiliaries or delegates of the career civil servant of whom they are dependent. Therefore, their privileges will be determined in each case by the instructions they receive.

2. In the performance of their duties, they shall be particularly empowered to provide, in connection with the consular post office or, where appropriate, the Diplomatic Mission on which it is dependent, the consular assistance and protection due to nationals of the Member States. Spanish. 3. At all times those powers or powers may be extended or reduced in accordance with the needs of the service, without other limitations than those established by the Law and the International Treaties. 4. Without prejudice to the foregoing paragraphs, the honorary consular agents, in the framework of the work of assistance and support to the Spaniards abroad, may, among other steps, after consultation and with the appropriate authorization of the Ministry of Foreign Affairs and Cooperation on the proposal of the official of the career of which they are dependent, legalizing signatures on public documents issued by the local authorities, as well as the monitoring of certificates of origin, facilitating, through the delivery and remission of the corresponding forms, the entries in the Register of Registration of nationals of the consular post office or, where appropriate, of the diplomatic mission of which they are dependent, to process the applications for passports and to deliver the passports and to process the visa applications. 5. Honorary consular agents may not act as civil servants in charge of the Civil Registry or exercise public faith except under the conditions laid down in the Articles. 2 and 4 of Annex III to the Rules of Procedure of the Notary Organization and Regime.

Article 15. Communication with local authorities and with private individuals.

honorary consular agents may be able to apply in the performance of their duties: (a) to the competent local authorities within their consular district.

(b) To individuals, both directly and through the career civil servant of whom they are dependent, when deemed appropriate by the nature of the case.

Article 16. Use of national flag and shield.

1. Honorary consular agents must place on the outside of the consular post a flagpole for the national flag and the national shield, making compulsory the first at the Spanish national fiestas, at the premises and on the other occasions where is indicated in accordance with the provisions of Article 29.3 of the Vienna Convention on Consular Relations. The flag, shield and official seals will be owned by the State. The consular file shall also be state-owned, which shall always be clearly separate from the special correspondence of the Head of the consular post and of any person working with him, and of the objects, books and documents concerning their professional activity, as provided for in Article 61 of the said Convention.

2. The Honorio Consular Agent may not use a national flag or shield at his or her address when the latter does not coincide with the seat of the honorary consular office.

Article 17. Economic compensation.

1. The honorary consular agent shall not be entitled to claim, in a personal capacity, emoluments for the performance of his duties.

2. However, as compensation for expenditure incurred in carrying out its activities, the Ministry of Foreign Affairs and Cooperation, on a proposal from the Consular Office or the Diplomatic Mission to which it is based, shall be treated in the first instance. Case by pipeline of the Head of Mission concerned, may take charge of:

(a) Ordinary operating expenses, such as materials and communications, and security expenses when the circumstances of the country so advise.

(b) In cases particularly justified by the volume of work or the Spanish colony, an employee or consular staff may be temporarily assigned to the honorary consular agent as administrative or technical staff. to assist you in the performance of your duties. The consular employee shall depend on all the effects of the consular post or, where appropriate, on the relevant Diplomatic Mission. The Head of the consular post office or, where appropriate, the Head of the Diplomatic Mission shall be the sole competent for the appointment and termination of consular employees assigned to the honorary consular offices. (c) Likewise, and in justified cases, the costs of posting of the honorary consular agents shall be assumed, in accordance with the provisions of Royal Decree 462/2002 of 24 May, of compensation for service reason. (d) Exceptionally, and in particularly justified cases, the costs of renting the premises in which the honorary consular post is operating may be partially or wholly assumed.

Article 18. Annual report.

1. Before 31 January of each year, the honorary consular agents shall send the Head of the consular post or the Diplomatic Mission of which they are dependent on an annual report of the administrative work carried out during the previous year.

This report shall include general comments and data on cultural and commercial activities as well as any other information that it considers to be of interest to the exercise of consular functions. 2. A copy of the report shall be sent by the Head of the consular post or, where appropriate, by the Head of Mission, to the Directorate-General for Consular Affairs and Assistance.

Article 19. Duty of custody of correspondence.

1. The honorary consular agents shall be obliged to keep, duly ordered, the correspondence received or sent in the performance of their duties, which shall be deemed to be the property of the State and shall not be published or communicated to third parties. without authorisation.

2. Books or official publications which may have been submitted by the Ministry of Foreign Affairs and Cooperation or other competent bodies shall also be considered as public property, attached to the Office's library.

Article 20. Acting officer of the honorary consular office.

1. If the honorary consular agent is unable to perform his duties for a period exceeding two months of his official residence, or for any other circumstance, he shall inform the Head of the consular post of the honorary consular officer in advance. Career or Head of Mission of which you are dependent. The communication shall contain a proposal for the appointment of the person who may provisionally replace him as acting officer. The proposal will indicate the age, profession, nationality and the largest possible number of personal data on the substitute.

2. The Head of the consular post office or Head of the Diplomatic Mission may accept the proposal of an interim consular agent or propose a substitute which, in his opinion, constitutes a more suitable candidate. 3. The appointment and termination of the Interim Charge of the Honorary Consular Office shall be communicated to the Ministry of Foreign Affairs and Cooperation and, where appropriate, to the Head of Mission, for notification to the Ministry of Foreign Affairs of the State Article 15 of the Vienna Convention on Consular Relations. 4. The privileges of the Interim Charge shall be the same as those of the holder, unless the Head of the consular post or the Diplomatic Mission considers it appropriate to limit them. It must sign with the 'interim manager'. 5. For the purpose of determining the possible economic compensation which may correspond to the interim officer in respect of the exercise of consular functions, Article 17 shall apply.

Article 21. Appointment of the same person by a third State.

The honorary consular agents of Spain will not be able to accept the honorary representation of another country, even on an interim basis, without express authorization from the Ministry of Foreign Affairs and Cooperation, which will grant it or refuse to take account of the circumstances in each case and which may exceptionally justify it.

Article 22. Cessation of honorary consular agents.

The cessation of honorary consular agents may be caused by the following causes: 1. By revocation of the exequatur by the State in which it exercises its functions.

2. By resignation as provided for in Article 23 of this Regulation. 3. By decision of the Ministry of Foreign Affairs and Cooperation, either directly or on a proposal from the Head of the consular post of career on which it is or, where appropriate, the Head of Mission of the diplomatic mission, when the circumstances indicated are met Article 24 of this Regulation. 4. By the expiry of the period of appointment, unless extended in accordance with Article 9 of this Regulation.

Article 23. Resignation.

1. The resignation of the honorary consular agent shall be submitted in a reasoned written form to the Head of the consular post of the person who is dependent or, where appropriate, the Head of Mission, three months in advance, unless there is a serious reason to justify his (a) a shorter or an immediate term.

2. It shall give the Ministry of Foreign Affairs and Cooperation the Ministry of Foreign Affairs and Cooperation of the Head of Mission on which it depends, who shall also notify the Ministry of Foreign Affairs of the receiving State.

Article 24. Conditions for the cessation of the proposal.

1. In order to propose the cessation of an honorary consular agent, the same procedures will be followed as for his appointment.

2. The Ministry of Foreign Affairs and Cooperation shall decide on the termination of an honorary consular agent when any of the following circumstances arise:

(a) Haber has been declared persona non grata by the receiving State, in accordance with Article 23 of the Vienna Convention on Consular Relations.

(b) Prolonged absence for more than three months from the place of residence, unless the Head of the consular post or, where appropriate, the Head of the Diplomatic Mission, has sought and received authorization to do so; and have previously provided their interinity. (c) The loss of Spanish nationality under the terms of Article 11.2 of this Regulation. d) The repeated and proven non-compliance with the instructions received for the performance of their duties, as well as the manifestly incorrect management of the same or the serious infringement of the Spanish laws or those of the country of residence. e) Haber performed acts contrary to the dignity and decorum of his office. f) To have been seventy years of age.

Article 25. Temporary suspension of honorary consular agents in the performance of their duties.

1. Where the application of the cessation of any of the causes listed in paragraphs (b), (c), (d) and (e) of paragraph 2 of the previous Article is contemplated by the Head of the consular post office or where appropriate, the Head of Mission may temporarily suspend the his duties to honorary consular agents dependent on his jurisdiction.

2. It shall subsequently give the Head of Mission and the Ministry of Foreign Affairs and Cooperation of the suspension and the reasons for the suspension and shall propose any definitive measures which the Commission considers should be taken.

Article 26. Completion of the exercise of consular functions by honorary consular agents.

1. The honorary consular officer who has ceased shall deliver to the Head of the appropriate consular post or, where appropriate, the Head of the diplomatic mission of the consular file in charge, as well as of the official seals, shield and flag, also returning the patent letter in which his appointment was extended.

2. The Head of the Diplomatic Mission shall communicate to the Ministry of Foreign Affairs and Cooperation and notify the Government of the receiving State of the completion of the exercise of his duties by the honorary consular agent.