The State Administration abroad, which is responsible for executing the foreign policy of the Government, is constituted by the Organs, Services and Institutions of the State that perform their duties abroad or before an International Organization, the seat of which is located in Spanish territory.

The specific feature of the State Administration abroad is that it carries out its activity in the framework of three different legal systems: the Spanish legal system, the international legal order and the legal order of each of the States where it exercises its activity.

Until the present moment they are not sufficiently regulated in the Spanish legal system, nor the organization, nor the powers and functions of the State Administration in the outside, lack that tries to fill the Present Royal Decree.

It is thus intended to achieve greater coordination and effectiveness in the External Service and to concretize and to reinforce administratively the principle of unit of action in the exterior until now only collected tangential in the Article 1 of Royal Decree 1485/1985 of 28 August 1985 on the basic organic structure of the Ministry of Foreign Affairs. In this way you intend to configure a Foreign Service model that coordinates this principle with the management specialization.

Another objective of this regulation is to configure in the Spanish administrative system the Diplomatic Missions and the Consular Offices whose regulation in the International Public Law is based on the Conventions of Vienna on diplomatic and consular relations of 18 April 1961 and 24 April 1963 respectively.

With this Royal Decree also powers the figure of the Head of Mission representing Spain and who therefore holds the highest authority of the Spanish State to the State or International Agency in which he has accredited and, therefore, exercises the top leadership of all Mission personnel.

In order to ensure a more effective coordination of the State Administration abroad, this Royal Decree also regulates the system of official communications between the institutions that compose it and the administration Central, configuring as a channel and coordinating agent the Ministry of Foreign Affairs.

In its virtue, at the initiative of the Minister of Foreign Affairs and on the proposal of the Minister for Public Administrations, after deliberation by the Council of Ministers, at its meeting of May 8, 1987,

DISPONGO:

CHAPTER FIRST

General provisions

Article 1.

The State Administration abroad, which is responsible for the implementation of the Government's foreign policy, is constituted by the organs, services and institutions of the State Administration that carry out their duties. functions abroad or to an international organization whose headquarters are located in Spanish territory.

Article 2.

The State Administration on the outside is articulated in:

a) Diplomatic Missions for the development of bilateral diplomatic relations.

b) Permanent representations and delegations for the development of multilateral diplomatic relations.

(c) Consular Offices for the exercise of consular functions.

d) Institutions and Services of the State Administration abroad.

Article 3.

1. Diplomatic Missions may be of a permanent or special nature.

2. Permanent Diplomatic Missions are those established on a representative basis by the Spanish State to another State or other State; in the latter case, under multiple accreditation and with residence in one of them.

3. It is special missions which, on a representative and temporary basis, send the Spanish State to another State in order to deal with the specific cases or to carry out a specific task, without prejudice to the possibility of sending a Special Mission to several States.

Article 4.

1. The Permanent Representations are those sent on a permanent basis and representative by the Spanish State to an International Organization. They shall have the character of representations of observation where the Spanish State is not a party to that Organization.

2. Delegations are sent by the Spanish State to participate in an organ of an International Organization or a Conference of States convened by an International Organization or under its auspices, and may also be a mere observation.

Article 5.

The consular functions shall be exercised by the Consular Offices and, where appropriate, by the Permanent Diplomatic Missions through their Consular Sections.

Article 6.

The institutions and services abroad established by the State Administration without diplomatic or consular status shall be governed by the provisions of Article 26.

Article 7.

All Heads of Diplomatic Mission, Permanent Representation and Delegation, each representing the State Administration as a whole, are hierarchically dependent on the Ministry of Foreign Affairs.

Article 8.

It is up to the Heads of Diplomatic Mission, Permanent Representation and Delegation to coordinate all the organs of the State Administration abroad in order to ensure, in accordance with the principle of the unit of action, which its actions abroad are in line with the foreign policy guidelines defined by the Government.

Article 9.

For the performance of their duties, it is up to the Heads of Diplomatic Mission, Permanent Representation and Delegation, to:

(a) To promote and coordinate the activities of the various organs of the Administration abroad in the receiving State or in the international organizations or conferences to which they are accredited.

b) Inform members of the Diplomatic Mission, Permanent Representation or Delegation on matters affecting the performance of their duties and receive timely information about their activities.

c) Monitor the administrative activity of all units integrated in the Diplomatic Mission, Permanent Representation or Delegation in its political, legal and economic aspects.

(d) Vellar by the strict performance of their duties by public officials, and to that effect, may exercise the functions referred to in Article 29.1 of the Regulation of the Disciplinary Regime of Administration of the State.

Article 10

1. Communications between the Diplomatic Missions, Permanent Representations or Delegations and the organs of the Central Administration will be channelled through the Ministry of Foreign Affairs. However, for reasons of speed and efficiency in the management, the Sectoral Councils and Attachors may communicate directly with the Departments of Ministerials of which they are functionally dependent, or with the competent authorities in the field of in the case of the Head of the Diplomatic Mission, the Permanent Representation or the Delegation, in such cases the communication in question shall be carried out at the same time.

2. The Services and Institutions of the Administration abroad functionally dependent on other Ministries of State Administration, and who do not have a status as a Diplomatic Office, will communicate directly with them. However, the Ministry of Foreign Affairs and the Head of the Diplomatic Mission may collect the information they deem appropriate from these Services and Institutions.

CHAPTER II

Diplomatic Missions

Article 11.

The creation, modification and suppression of the Diplomatic Missions will be carried out, at the initiative of the Minister of Foreign Affairs and on the proposal of the Minister for Public Administrations, by means of Royal Decree.

Article 12.

The functions of a Permanent Diplomatic Mission consist primarily of:

a) Represent the Spanish State to the receiving State.

b) Protect the interests of the Spanish State and its nationals within the limits permitted by International Law in the receiving State.

c) Negotiate with the Government of the receiving State.

(d) to be entered by all legal means of the conditions and developments in the receiving State or to report on them to the Spanish Government.

e) Promoting friendly relations and developing economic, cultural and scientific relations between the two States.

Article 13.

1. The Head of the Permanent Diplomatic Missions will be held by an Ambassador or Business Encharged with Cabinet letters, to be appointed by Royal Decree, on a proposal from the Ministry of Foreign Affairs, and accredited by S. M. King.

2. In the cases of vacancy of the position and absence or impossibility of exercising its holder, the Head of Mission shall be held by the Minister Counsellor in the capacity of Chargé d' Affaires "ad interim". No Minister Counsellor, the replacement shall be the responsibility of the diplomatic officer who provides his services to the Diplomatic Chancellery of the Mission and has a higher administrative status and, in the case of equality, the oldest.

Article 14.

The Ambassadors represent Spain and hold the highest authority of the Spanish State to the State in which they have been accredited, exercising the superior leadership of all Mission staff.

Article 15.

1. The Services of Permanent Diplomatic Missions are structured in Diplomatic Offices, which are: Diplomatic Ministries and Sectoral Councils and Attachors.

2. The Diplomatic Foreign Ministry develops predominantly functions of a political and representation nature in the receiving State.

3. The Offices are considered to be the offices that, without being integrated in the Diplomatic Chancellery, are mainly developing specialized technical tasks.

The sectoral ministries will maintain their current functional dependence on the ministries with sectoral competence, to which their internal organization and budget are responsible, as well as their technical inspection and control, without prejudice to the provisions of Article 8. and of the powers corresponding to the Ministry for Public Administrations in the field of organisational matters.

4. Administrative services and personnel are articulated in the Administrative Chancellery.

CHAPTER III

Permanent Representations and Delegations

Article 16.

The creation, modification and deletion of the Permanent Representations will be carried out by Royal Decree, at the initiative of the Minister of Foreign Affairs and on the proposal of the Minister for Public Administrations.

Article 17.

Permanent representatives have in the field of their competence, the representation of Spain in the international organizations to whom they are accredited and they exercise the leadership and direction of the representation and all the personnel of the same.

Article 18.

1. The Head of the Permanent Representations will be held by a permanent representative, accredited by S. M. the King, who will be appointed by Royal Decree on the proposal of the Minister of Foreign Affairs, if he has the category of Ambassador, and by Order of the Minister of Foreign Affairs, if you do not have it.

2. In the case of vacancy of the position and absence or impossibility of exercising its holder, the permanent representative shall be replaced by the deputy representative, if any, and, in other cases, by the official who is determined to be determined.

Article 19.

1. The establishment and removal of delegations shall be carried out by the Order of the Minister for Foreign Affairs, setting out the objectives and scope of the delegation.

2. The Heads of Delegation shall be appointed by the Minister for Foreign Affairs, on a proposal, if any, from the Department directly concerned. Notwithstanding the foregoing, the Council of Ministers may endorse this option and appoint the Heads of Delegation directly, on a proposal from the Minister for Foreign Affairs.

CHAPTER IV

Consular Offices

Article 20.

It is consular functions established with this character in Spanish law, accepted by the receiving State, those attributed by the international agreements signed between the Spanish State and the recipient and, in general, those related to the fifth article of the Vienna Convention on Consular Relations of 24 April 1963.

Article 21.

The creation, modification and deletion of the Consular Offices and the Consular Sections of the Permanent Diplomatic Missions will be carried out by the Order of the Minister of Foreign Affairs, without prejudice to the powers that correspond to the Ministry for Public Administrations in organisational matters.

Article 22.

1. Consular Offices may be a career and honorary offices. The first ones will be directed by career officials, being able to have a category of Consulate General or Consulate. The latter will be in charge of honorary agents and will be able to be Consulates General fees, Consulates fees, Viceconsulados honoraria and Honorary Consular Agencies.

2. The Honorary Consular Offices are governed in accordance with the provisions of Royal Decree 952/1984 of 25 April, approving the Regulation of the honorary consular agents of Spain abroad.

Article 23.

1. The Heads of the Consular Offices shall exercise the powers conferred upon them by the legislation in force, as well as the leadership and direction of all the services and all personnel of the Consular Office.

2. The Head of the Consular Office shall be provided with a Patent Charter or other instrument accepted by the International Law granted by S. M. the King with the endorsement of the Minister of Foreign Affairs, in which he shall, in addition to his name and category personnel, the consular district and the seat of the Office.

3. In the cases of vacancy of the position and absence or impossibility of the exercise of the holder, the Deputy General Consul or the Consul shall replace him and, if not, the Chancellor, except in the field of the functions relating to the exercise of the public faith, in respect of which it shall be replaced by the Consul of the nearest demarcation to be designated.

Article 24.

The Heads of the Consular Offices shall adjust their actions to the instructions of the Ministry of Foreign Affairs and the Head of the Permanent Diplomatic Mission, except in the exercise of the functions related to the faith public, civil registry or voluntary jurisdiction, in which they shall be subject to the provisions of the notarial, civil and procedural laws governing the exercise of those functions.

Article 25.

1. The Heads of the Consular Office shall, in addition to having a consular constituency of their own, coordinate and, by delegation of the Head of the Permanent Diplomatic Mission, instruct the Honorary Consular Offices established in their constituency.

2. The general consuls shall perform the same duties in respect of the career Consulates established in their constituency.

CHAPTER V

Institutions and Services of the State Administration Abroad

Article 26.

1. The State Administration may establish non-representative institutions and services abroad for the development of its sectoral activities. It will be up to the Council of Ministers to establish its establishment, after the Ministry of Foreign Affairs reports.

2. The Institutions and Services are subject, as they are part of the State Administration abroad, to the principle of unity of action and subject to the dependence of the Head of the Permanent Diplomatic Mission for the purposes of their coordination.

Additional disposition.

1. The Delegation of Spain to the North Atlantic Treaty Organization shall be governed by its specific provisions regarding its functional organization and dependence.

2. The representation of Spain to the European Communities shall be governed by the provisions of Royal Decree 260/1986 of 17 January.

Final disposition.

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Given in Madrid to May 8, 1987.

JOHN CARLOS R.

The Minister for Public Administrations,

JOAQUIN ALMUNIA AMANN