The Regulations of Viceconsules and Spanish Agents on the Foreign Countries of 16 May 1929 have become obsolete with regard to the reality of the consular action of our time, both for the extended period of time As for the radical transformations that international relations have experienced.

Emphasizes, therefore, the desirability of dictating a new normative inspired, first, by the principles that animate the Spanish Constitution and, moreover, by the Vienna Convention on Consular Relations of April 24, 1963 which has been part of Spain since March 5, 1970.

The new regulation aims to strengthen the network of Offices led by honorary consular agents, which is currently insufficient due to the intensification of the free movement of persons and the The settlement of particularly numerous Spanish communities in some European countries.

The honorary consular institution that develops this Royal Decree tends to make the consular protection of the Spanish abroad more effective, allowing the honorary consular offices to act as Senior staff of the career offices.

the migration phenomenon of the 1950s and the sixties has been consolidated and Spanish emigration is characterised by the fact that it is a community which, while being closely linked to its country of origin, has been established. origin is solidly rooted in the country of residence.

In order to facilitate the establishment and further professionalisation of the honorary consular offices, the new regulation retains many of the principles which have proven its effectiveness over the period of validity of the old of 1929. However, interesting developments are being introduced to make the network of those offices more effective in order to facilitate the institutional exercise of consular functions which, in the field of their competences, recognises the Vienna Convention on consular relations. Thus, the introduction of the categories of honorary Consul General and Honorary Consul following the possibilities defined in the repeatedly cited Vienna Convention.

It should also be noted that the criterion of allowing in particularly justified cases to be able to assist the honorary consular representative employed by consular employees appointed for the purpose by the Head of the consular post of career of those who are dependent.

These two new formulas will result in a better selection of candidates and a greater ease of extension of the honorary consular network, since the superior category of the holders and an effective help in charge of the These auxiliary employees will be able to compensate for the importance of the tasks and the great dedication imposed by some especially numerous colonies of Spaniards abroad.

In its virtue, on the proposal of the Minister of Foreign Affairs, in agreement with the Council of State, with the approval of the Presidency of the Government and after deliberation of the Council of Ministers at its meeting of the day 25 April 1984, Available:

Single article.-The Deputy Rules of the Consular Agents of Spain Abroad are approved.

Given in Madrid on April 25, 1984. -JUAN CARLOS R. -Minister of Foreign Affairs, Fernando Morán López.

REGULATION OF HONORARY CONSULAR AGENTS OF SPAIN ABROAD

TITLE FIRST

From honorary consular offices in general

Article 1. Establishment of honorary consular offices

1. When deemed necessary or appropriate for the external service or the protection and communication with Spanish residents or passersby abroad, the Ministry of Foreign Affairs may decide to establish a consular post. (a) the Commission shall, in accordance with 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 a ministerial order, which shall have the prior authorization of the Ministry of the Presidency at the initiative of the Directorate-General of the External Service, with the favourable report of the Directorate-General for Consular Affairs, and after processing and approval of the proposal referred to in Article 3.

Art. 2. Consular constituency.

The Ministerial Order will specify the constituency and seat of the honorary consular office, as well as the consular post office of which, if any, it depends. In those countries where the consular post is to be held, it shall be dependent on the diplomatic mission accredited in the receiving country, either on a resident basis or on a multiple accreditation basis.

Art. 3. 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 Ministry of Foreign Affairs by the relevant consular post, through the respective Diplomatic Mission which shall process it. with your report on the desirability and timeliness of such a request.

2. If there is no consular post, the proposal will be made directly by the diplomatic mission.

Art. 4. 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. If the proposal concerned the previous constituencies, the letter will detail the changes to be made to those of other honorary offices.

3. In each case, a map of the area in which the delimitation of the relevant constituencies and their headquarters is to be recorded shall be attached.

Art. 5. Abolition of the honorary consular post, amendment of the constituency and change of seat.

1. The provisions of the foregoing Article shall apply to the abolition of the honorary consular post and to the amendment of his or her constituency or the location of its seat.

2. Changes of address in the same city shall require authorisation only from the consular post office of which it depends, communicating to the Ministry of Foreign Affairs.

TITLE II

From honorary consular agents

Art. 6. Exercise of consular functions by honorary consular agents.

1. Persons who are appointed by the Ministry of Foreign Affairs as the holders of honorary consular posts may exercise consular functions, on a limited basis and by delegation, as auxiliary staff and employees of civil servants. diplomatic or consular posts 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 Domestic laws and regulations, both in Spain and in the receiving State.

2. Such persons, by appointment as honorary consular agents, shall in no case acquire the status of career or employment officials of the Spanish Civil Administration, nor shall they have any consideration of persons incorporated in the by a relationship of professional and paid services, regulated by administrative law in the terms established by Spanish law in the field of civil servants of the State.

3. Honorary consular agents will not necessarily have to hold Spanish nationality and may develop other commercial or professional activities at the same time as the consular functions.

Art. 7. Categories of the Heads of Honorary Consular Office.

Under Article 9 of the Vienna Convention on Consular Relations, the Heads of Honorary Consular Office may be of four categories:

a) General fees.

b) Consular fees.

c) Viceconsules fees.

d) Honorary consular agents.

Art. 8. Appointment.

The honorary consular agents will be appointed by ministerial order through the Directorate General of the Foreign Service, with the favorable report of the Directorate General of Consular Affairs and after processing and approval of the proposal referred to in Article 9.

Art 9. Proposal for appointment.

1. Honorary consular agents shall be appointed on a proposal from the Head of the consular post of career within whose constituency the Honorary Consular Office is located. The proposal will be dealt with through the Head of the Diplomatic Mission, who will in any case inform in advance of the origin of the nomination 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 2.

When, on the other hand, there is no Head of Diplomatic Mission, either by absence or by lack of diplomatic relations, this proposal will be dealt with directly by the Head of the relevant consular post office.

Art. 10. Content of the proposal.

1. The request for appointment to be made by the Office separate from the proposal for the establishment of the honorary consular post and only once the establishment of the consular post has been approved shall contain a detailed explanation of the Whether the proposed holder is named and in any case shall make a detailed reference to the concurrency in the person who proposes the conditions required by the following Article.

2. In the event that the nomination proposal refers to a person of foreign nationality, the reasons for having preferred it to another person of Spanish nationality should be explained.

Art. 11. Conditions required.

1. The person to whom the proposal is placed shall be chosen from among the older residents at the place established as the seat of the honorary consular post which are locally known for their good repute and prestige. In the case of a foreign national, you will have to know the Spanish language or to have a person who knows you.

2. Spanish nationals who have not fulfilled the duties established by the Constitution and the legislation in force cannot be proposed.

In no case will the Spaniards who have lost their nationality be subject to a proposal, in accordance with the provisions of Article 24 of the Civil Code.

3. The appointment may only be made where the information provided shows the person's capacity and willingness to perform with the appropriate decorum and dignity and with the necessary dedication and attention to the functions representative or management who, as a delegate or in place of the consular officer of the career, may be entrusted to him.

4. In the event that the person proposed is for the honorary Consul General, it will be required, in addition that he is in possession of a university academic degree or equivalent or that he has provided special and relevant services to the Spanish interests or that is a prominent place in trade, industry or finance. No honorary consular agent may be appointed with this category when the Head of the consular post of career of which he is dependent is not General Consul.

Art. 12. Patent Letter.

1. Pursuant to 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 class and stating his full name, nationality and category, consular district and the seat of the consular post office.

2. The patent card shall be authorised with his signature by the Head of the consular post office or, where appropriate, of the Head of the Diplomatic Mission on which the honorary consular agent is dependent. Once signed by the Head of the consular office of carrer, he shall send it to the Head of Mission for notification or referral to the Government of the State in whose territory the duties of the Mission are to be exercised, in order to obtain the exequatur provided for in Article 12 of the Vienna Convention on Consular Relations.

Art. 13. Admission of the head of the honorary consular office, and inauguration.

The date of grant of the exequatur shall be communicated by the Head of Mission to the Ministry, as well as the date of the inauguration. It shall be given to the person concerned by the Head of the relevant consular post office or, where appropriate, by the Head of Mission.

Art. 14. Attributions.

1. Honorary consular agents shall act as auxiliaries or delegates of the consular officer of the career they are dependent on. Therefore their privileges will be in each house determined by the instructions they receive, taking into account, for the best service, the circumstances of each country.

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 to which it depends, the consular assistance and protection due to the nationals of the Member States. within the limits permitted by international law.

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 above paragraphs, honorary consular agents may legalise signatures on public documents issued by the local authorities, as well as on certificates of origin, to facilitate, by means of delivery and referral of the relevant forms, entries in the Register of National Matriculation of the consular post of career or, where appropriate, of the diplomatic mission of which they are dependent, processing the applications for passports and making delivery of the same, renew certificates of nationality and give due assistance and advice to the Spanish residents or passersby.

5. They may not act as civil servants in charge of the Civil Registry. The public faith may be exercised only by honorary consular agents in accordance with the conditions laid down in Articles 2. and 4. of Annex III to the Notary Regulation.

6. They shall require express authorisation from the Ministry of Foreign Affairs, communicated through the consular post and on a proposal from the consular post office or, where appropriate, from the diplomatic mission of which they are dependent, to extend passports and travel documents; to issue visas or appropriate documents to persons wishing to travel to national territory.

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

Honorary consular agents may be able to apply in the exercise of their duties:

(a) To the competent local authorities within their consular district.

(b) To individuals, both directly and through the consular officer of the career of whom they are dependent, when deemed appropriate for the nature of the matter.

Art. 16. Use of national flag and shield.

1. Honorary consular agents must place the national flag and shield on the outside of the consular post, making it compulsory for the first time in the Spanish national holidays, at the premises and on the other occasions in which it is indicate, in accordance with the provisions of Article 29.3 of the Vienna Convention on Consular Relations. The official flag, shield and 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 profession or their business, as provided for in Article 61 of the said Convention.

2. The honorary consular agent may not use a national flag or shield at his address where the latter does not coincide with the seat of the honorary consular post.

Art. 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 ordinary expenses of office or office, honorary consular agents shall be entitled to a participation in the collection of consular rights in the form that is regulated.

3. Moreover, in cases in particular justified and subject to prior report and proposal, the Ministry of Foreign Affairs may temporarily assign to the honorary consular agent an employee or consular employees as a administrative or technical staff to assist you in the performance of your duties.

The consular employee will depend on all the effects of the consular office of the career of whose constituency depends or, where appropriate, the 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.

Art. 18. Obligation to submit an annual report.

1. The honorary consular agent shall forward by 31 January of each year an annual report to the head of the consular post of career of which he is dependent or, where appropriate, the Head of Mission, for his/her course to the Ministry of Foreign Affairs.

2. It will contain the updated data concerning the previous year on the Spanish colony in its consular district, activities of the Spanish Centres, administrative work carried out, relations with the local authorities, general data on cultural and commercial activities, as well as any observation or data of interest on the exercise of their consular functions.

Art. 19. Duty of custody of correspondence.

The honorary consular offices shall have the obligation 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.

Official books or publications which may have been sent by the Ministry of Foreign Affairs or other competent bodies shall also be considered as public property, attached to the consular library of the Office.

honorary consular agents will be able to dispose of publications for free distribution.

Art. 20. Acting officer of the honorary consular office.

1. If the honorary consular agent is unable to perform his duties for a period of time from his official residence, he shall inform the Head of the consular post of his office in good time. 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 may accept the proposal of the acting consular agent or propose in turn a substitute which, in his opinion, constitutes a more suitable candidate.

3. The appointment and termination of the interim officer of the honorary consular post shall be communicated to the Ministry of Foreign Affairs and, where appropriate, to the Head of Mission, and notified to the Ministry of Foreign Affairs of the receiving State, in accordance with the Article 15 of the Vienna Convention on Consular Relations.

4. The powers of the interim officer shall be the same as those of the holder, unless the head of the consular post of the career considers appropriate to limit them. You must sign with .

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.

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

The honorary consular agents of Spain, in any of its categories, may not accept the honorary representation of another country without the express authorization of the Ministry of Foreign Affairs, which will grant or deny it. taking into account the circumstances in each case and which may exceptionally justify it. The interim attention of a third-country honorary consular post may be authorised by the Head of Mission prior to the report of the Head of the relevant consular post.

Art. 22. Cessation of honorary consular agents.

The cessation of honorary consular agents may occur for the following reasons:

1. By revocation of the exequatur by the State in which it exercises its functions.

2. By its own will, in accordance with the procedure laid down in the following Article.

3. By decision of the Ministry of Foreign Affairs, either directly or on a proposal from the Head of the relevant consular post office or, where appropriate, from the Head of Mission, when the circumstances referred to in Article 24 are met.

4. By the notification of the receiving State that it has ceased to consider the agent concerned as a member of the consular staff.

Art. 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, six months in advance, unless there is a serious reason to justify his (a) a shorter or an immediate term.

2. The Ministry of Foreign Affairs shall be given the same account by the Head of Mission of the Ministry of Foreign Affairs. Where there is no Head of Mission, either by absence or by lack of diplomatic relations, the communication shall be carried out directly by the relevant consular post office.

Art. 24. Conditions for the cessation of the proposal.

1. To propose the cessation of an honorary consular agent in any of its categories will follow the same procedures as for his appointment.

2. The Ministry of Foreign Affairs 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) The prolonged absence for more than one year of 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 for this purpose and has previously provided its interinity.

c) The loss of Spanish nationality in the terms provided for in Article 11.2

(d) The repeated and proven non-compliance with the instructions received for the performance of their duties; or serious infringement of the Spanish laws or of the laws of the country of residence.

e) Haber performed acts contrary to the dignity and decorum of his office.

f) Haber's been seventy years old.

Art. 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) and (d) of the previous Article is contemplated and if the circumstances of the case warrant it, the Head of the consular post may temporarily suspend the his duties to honorary consular agents dependent on his jurisdiction.

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

Art. 26. Termination 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 notify the Government of the receiving State of the termination of the exercise of his duties by the honorary consular agent.

When there is no Head of Mission, the provisions of Article 23.2 shall be made.

REPEAL PROVISION

The Regulations of Viceconsules and Consular Agents of Spain on Foreign Countries of 16 May 1929 are repealed.

TRANSIENT PROVISIONS

First.-The categories of Head of Honorary Consular Office provided for in this Regulation shall be taken into account exclusively for the appointment of vacant seats which may arise from the entry into force of this Regulation. of the same.

Second. The provisions of this Regulation shall apply to the Viceconsuls and consular agents currently existing, except as provided for in Article 11 (1).