Personal
diplomatic missions of foreign states in Turkmenistan

(Bulletin of the Mejlis of Turkmenistan, 1996, № 4, p. 67)

(With the changes made by the Law of Turkmenistan on 16.08.2014 № 115-V)

CHAPTER I. GENERAL PROVISIONS


Article 1
Foreign Diplomatic Missions, standing in Turkmenistan (hereinafter - diplomatic representations) represent their states, maintain official interstate relations, protect the rights and legitimate interests of these countries and their citizens.
Article 2


Diplomatic missions for the performance of their duties, determined in accordance with international law, privileges and immunities shall be specified in this Act.
Article 3


Those who use specified in this Act the privileges and immunities to respect the Constitution, laws and other normative legal acts of Turkmenistan, culture, traditions and customs of its people.

Article 4


Used for the purposes of this Law terms are used in accordance with their values ​​defined in the Vienna Convention on Diplomatic Relations (1961).

Chapter II. The relationship with the diplomatic missions of public authorities and management of Turkmenistan
Article 5


The heads of diplomatic missions - ambassadors and nuncios, envoys and internuncios with prior consent (agrément) of the Government of Turkmenistan for their appointment, shall be accredited by the President of Turkmenistan and the Charges d'Affaires - to the Minister of Foreign Affairs of Turkmenistan.
Article 6


Ambassadors and nuncios, envoys and internuncios commence his duties from the date of presentation of credentials to the President of Turkmenistan, or on his behalf - the Chairman of the Mejlis of Turkmenistan, which accepts credentials from the name of the President of Turkmenistan.
D'affaires shall take office from the moment of submission of the Minister of Foreign Affairs of letters of Foreign Affairs Ministers of their countries.
Article 7


The head of the diplomatic mission or any member of the diplomatic mission may be accredited in another or other states, subject to prior notification to the sending State Government of Turkmenistan.


Article 8
A member of the diplomatic staff of the diplomatic mission with the consent of the Government of Turkmenistan may be a citizen of Turkmenistan. Such consent may be withdrawn at any time.


Article 9

Diplomatic missions shall establish and maintain official relations with the state authorities of Turkmenistan and control by the Ministry of Foreign Affairs of Turkmenistan.


Article 10
The diplomatic mission shall notify the Ministry of Foreign Affairs:
- the appointment of members of the diplomatic mission, their arrival and departure or termination of activities of the diplomatic mission;
-o Arrival and final departure of a person belonging to the family of a member of a diplomatic mission;
-o Arrival and final departure of private servants of members of diplomatic missions;
- The engagement and discharge of persons who are citizens of Turkmenistan or permanently residing in Turkmenistan, as the staff of the diplomatic mission or private servants entitled to privileges and immunities.


Article 11
The sending State may not establish offices forming part of the mission, in other settlements of Turkmenistan without the consent of the Government of Turkmenistan.

Chapter III. The privileges and immunities accorded to the diplomatic mission, heads and members of diplomatic staff


Article 12
The premises occupied by the diplomatic mission shall be inviolable. Access to them can take place only with the consent of the head of a diplomatic mission or his replacement. These facilities and are in their property and vehicles of diplomatic mission shall be immune from all enforcement actions, including search, requisition, seizure and arrest.
Residence of the head of the diplomatic mission and the living quarters of members of the diplomatic staff of the mission, property thereon and the means of transportation shall enjoy the same inviolability and protection as the premises of a diplomatic mission.
These premises and vehicles should not be used in any manner incompatible with the functions of a diplomatic mission.


Article 13
In the premises of diplomatic missions and residence of the head of a diplomatic mission may be flown the flag and emblem of the sending State be established. The flag of the sending State may also be installed on a vehicle head of a diplomatic mission.


Article 14

Diplomatic representation is free to communicate with its Government, with located in the territory of Turkmenistan and other consular representative of his country, as well as his country's diplomatic and consular missions in third countries through the usual means of communication, encoded and encrypted mails and pouch . The diplomatic mission may install radios and use them only with the permission of the competent authorities of Turkmenistan.
The archives, documents and official correspondence of the diplomatic mission shall be inviolable.
The diplomatic bag shall not be opening and detention. The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.
Enjoys diplomatic courier in the performance of their duties personal inviolability. He can not be arrested or detained.
On the basis of a special agreement with a foreign state diplomatic mail may be forwarded through normal channels of communication without being accompanied by a courier or be entrusted to the captain of a commercial aircraft, which is not considered to be a diplomatic courier. The diplomatic mission may send its personnel for making the pouch directly from the commander of the aircraft.


Article 15
The sending State and the head of a diplomatic mission shall be exempt from all national and local taxes, charges and fees in respect of the premises of a diplomatic mission, own or lease, except for such taxes, fees and charges that represent payment for specific services rendered.


Article 16
The diplomatic mission may import articles intended for official use, and the head of the diplomatic mission and the members of the diplomatic staff of the mission - items intended for their personal use.
Items intended for the official use of diplomatic missions, as well as articles for the personal use of the head of a diplomatic mission and members of the diplomatic staff of the mission, including the first installation items are exempt from all customs duties, taxes and fees, except for storage fees and charges for transportation.

The personal baggage of the head of a diplomatic mission and members of the diplomatic staff of the mission shall be exempt from inspection, except when there is evidence that it contains articles the import and export of which is prohibited by the legislation of Turkmenistan. Customs inspection of baggage of a diplomatic agent is carried out in his presence or in the presence of a person authorized by him.


Article 17
Head of the diplomatic mission and the members of the diplomatic staff of the mission shall enjoy personal inviolability. They can not be detained, searched or detained and shall be freedom of movement throughout the territory of Turkmenistan, except for the areas of individual areas entry into which is governed by the laws of Turkmenistan.


Article 18
Head of the diplomatic mission and the members of the diplomatic staff of the mission shall enjoy immunity from the criminal, civil and administrative jurisdiction of Turkmenistan. However, these persons may be subject to the jurisdiction of Turkmenistan in the case of the express consent of the sending State.
Immunity from civil jurisdiction does not extend to cases where the head of the diplomatic mission and the members of the diplomatic staff of the mission shall enter into civil law relations as individuals.
Head of the diplomatic mission and the members of the diplomatic staff of the mission are not obliged to give evidence as witnesses, and if you agree to give such indications are not required for this are in judicial or investigative bodies.


Article 19
Head of the diplomatic mission and the members of the diplomatic staff of a diplomatic mission shall be exempt from all taxes, charges and duties, as well as from all personal services, except:
- indirect taxes;
- Dues and taxes on private property;
- Inheritance taxes, inheritance and private income taxes;
-tax For commercial activities;
- Charges for services rendered;
The legislation of Turkmenistan additional benefits compared to the international instruments can be installed on taxation in relation to heads of diplomatic missions and members of diplomatic staff of diplomatic missions.


Article 20
The privileges and immunities provided for in Articles 16-19 of this Act apply to family members of the head of a diplomatic mission, as well as family members of the diplomatic staff of the mission, if the family members live together with these individuals and are not citizens of Turkmenistan.


Article 21

Members of the diplomatic staff of diplomatic missions who are citizens of Turkmenistan shall enjoy only immunity from jurisdiction and immunity in the performance of official and official functions.
The terms of their social security determined by the legislation of Turkmenistan.


Article 22
Person entitled to privileges and immunities in accordance with this Law shall enjoy them from the moment he enters the territory of Turkmenistan on proceeding to take up his post or, if already in its territory, from the moment when his appointment According to the Ministry of foreign Affairs of Turkmenistan.
The privileges and immunities of the said person be terminated when it is in connection with the completion of its functions leaves Turkmenistan, or after a reasonable period of time to do it. However, in respect of a person who has not left Turkmenistan by circumstances beyond his control, privileges and immunities continue to exist.
In case of death of the employee representative members of his family shall continue to enjoy the privileges and immunities before the expiry of a reasonable time to leave the country.
In the case of death of a member of a diplomatic mission who is not a citizen of Turkmenistan or permanently resident in, or a member of his family living with him, allowed export of the movable property of the deceased, except for the property, the export of which was prohibited by the current legislation of Turkmenistan to time of death.
The inheritance tax and taxes on inheritance shall be levied on movable property.


Article 23
In the case of the severance of diplomatic relations between Turkmenistan and other states that have their diplomatic representation:
- The Turkmen government respects and protects the premises of a diplomatic mission, together with its property and archives;
- The sending State with the consent of the Government of Turkmenistan may entrust the custody of the premises of its diplomatic mission, together with its property and archives, as well as the protection of its interests and those of its nationals to a third State having diplomatic representation in Turkmenistan.

Chapter 4. The privileges and immunities provided to administrative, technical and service staff of the diplomatic mission


Article 24

Members of the administrative and technical staff of a diplomatic mission, and living with them, their family members, if they are not citizens of Turkmenistan or do not reside permanently in Turkmenistan, shall enjoy the privileges and immunities provided for in Article 12 (in relation to premises occupied by them) article 16 (except for the third part, relating to the exemption from inspection of personal baggage of members of diplomatic staff), and in articles 17-19 of this Law, with the exception that the immunity from civil and administrative jurisdiction of Turkmenistan extends only to acts performed by administrative staff - technical the staff on duty.


Article 25
Members of the service staff of diplomatic missions who are not citizens of Turkmenistan or permanently residing in Turkmenistan, enjoy immunity provided for in Article 18 of this Act with respect to acts performed by them in the performance of official duties, as well as exemption from taxes, duties and taxes on wages and salaries they receive by post, and from all personal services. Living with them family members, if they are not citizens of Turkmenistan or do not reside in Turkmenistan permanently, the exemption from all personal services.
Domestic workers are members of the mission, if they are not citizens of Turkmenistan or do not reside permanently in Turkmenistan are exempt from taxes and duties on the emoluments they receive by domestic workers.


Article 26
Members of the administrative, technical and service staff of diplomatic missions and private servants who are nationals of Turkmenistan or reside permanently in Turkmenistan, shall enjoy the privileges and immunities established by the Government of Turkmenistan.
The terms of their social security determined by the legislation of Turkmenistan.

Chapter 5. FINAL PROVISIONS


Article 27
The privileges and immunities provided in this Act for members of the diplomatic staff of diplomatic missions, apply to the heads and members of the state, government and parliamentary delegations of foreign states residing in Turkmenistan with official and unofficial visits.


Article 28
If an international treaty of Turkmenistan establishes rules other than those provided for in this Act, the rules of the international treaty.


Turkmen President Saparmurat Turkmenbashi


Mountains. Ashgabat
20 December 1996
№ 183-1