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consular officer [Global Index]


ARTICLE-1: DEFINITIONS     [go to this ARTICLE]
... (d) "consular officer" means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions; ...
... (g) "members of the consular post" means consular officers, consular employees and members of the service staff; ...
... (h) "members of the consular staff" means consular officers, other than the head of a consular post, consular employees and members of the service staff; ...
... 2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers. ...
... 2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers. ...
... 2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers. ...
... 2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers. ...
... 2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers. ...


ARTICLE-6: EXERCISE OF CONSULAR FUNCTIONS OUTSIDE THE CONSULAR DISTRICT     [go to this ARTICLE]
... A consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district. ...


ARTICLE-9: CLASSES OF HEADS OF CONSULAR POSTS     [go to this ARTICLE]
... 2. Paragraph 1 of this Article in no way restricts the right of any of the Contracting Parties to fix the designation of consular officers other than the heads of consular posts. ...


ARTICLE-15: TEMPORARY EXERCISE OF THE FUNCTIONS OF THE HEAD OF A CONSULAR POST     [go to this ARTICLE]
... 2. The full name of the acting head of post shall be notified either by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, or, if he is unable to do so, by any competent authority of the sending State, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. As a general rule, this notification shall be given in advance. The receiving State may make the admission as acting head of post of a person who is neither a diplomatic agent nor a consular officer of the sending State in the receiving State conditional on its consent. ...


ARTICLE-16: PRECEDENCE AS BETWEEN HEADS OF CONSULAR POSTS     [go to this ARTICLE]
... 5. Honorary consular officers who are heads of consular posts shall rank in each class after career heads of consular posts, in the order and according to the rules laid down in the foregoing paragraphs. ...
... 6. Heads of consular posts shall have precedence over consular officers not having that status. ...


ARTICLE-17: PERFORMANCE OF DIPLOMATIC ACTS BY CONSULAR OFFICERS     [go to this ARTICLE]
... PERFORMANCE OF DIPLOMATIC ACTS BY CONSULAR OFFICERS ...
... 1. In a State where the sending State has no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorized to perform diplomatic acts. The performance of such acts by a consular officer shall not confer upon him any right to claim diplomatic privileges and immunities. ...
... 1. In a State where the sending State has no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorized to perform diplomatic acts. The performance of such acts by a consular officer shall not confer upon him any right to claim diplomatic privileges and immunities. ...
... 2. A consular officer may, after notification addressed to the receiving State, act as representative of the sending State to any inter-governmental organization. When so acting, he shall be entitled to enjoy any privileges and immunities accorded to such a representative by customary international law or by international agreements; however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention. ...
... 2. A consular officer may, after notification addressed to the receiving State, act as representative of the sending State to any inter-governmental organization. When so acting, he shall be entitled to enjoy any privileges and immunities accorded to such a representative by customary international law or by international agreements; however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention. ...


ARTICLE-18: APPOINTMENT OF THE SAME PERSON BY TWO OR MORE STATES     [go to this ARTICLE]
... AS A CONSULAR OFFICER Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that State. ...
... AS A CONSULAR OFFICER Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that State. ...


ARTICLE-19: APPOINTMENT OF MEMBERS OF CONSULAR STAFF     [go to this ARTICLE]
... 2. The full name, category and class of all consular officers, other than the head of a consular post, shall be notified by the sending State to the receiving State in sufficient time for the receiving State, if it so wishes, to exercise its rights under paragraph 3 of Article 23. ...
... 3. The sending State may, if required by its laws and regulations, request the receiving State to grant an exequatur to a consular officer other than the head of a consular post. ...
... 4. The receiving State may, if required by its laws and regulations, grant an exequatur to a consular officer other than the head of a consular post. ...


ARTICLE-21: PRECEDENCE AS BETWEEN CONSULAR OFFICERS OF A CONSULAR POST     [go to this ARTICLE]
... PRECEDENCE AS BETWEEN CONSULAR OFFICERS OF A CONSULAR POST ...
... The order of precedence as between the consular officers of a consular post and any change thereof shall be notified by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. ...


ARTICLE-22: NATIONALITY OF CONSULAR OFFICERS     [go to this ARTICLE]
... NATIONALITY OF CONSULAR OFFICERS ...
... 1. Consular officers should, in principle, have the nationality of the sending State. ...
... 2. Consular officers may not be appointed from among persons having the nationality of the receiving State except with the express consent of that State which may be withdrawn at any time. ...


ARTICLE-23: PERSONS DECLARED "NON GRATA"     [go to this ARTICLE]
... 1. The receiving State may at any time notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is not acceptable. In that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post. ...


ARTICLE-36: COMMUNICATION AND CONTACT WITH NATIONALS OF THE SENDING STATE     [go to this ARTICLE]
... (a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State; ...
... (a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State; ...
... (c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action. ...
... (c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action. ...


ARTICLE-38: COMMUNICATION WITH THE AUTHORITIES OF THE RECEIVING STATE     [go to this ARTICLE]
... In the exercise of their functions, consular officers may address: ...


ARTICLE-40: PROTECTION OF CONSULAR OFFICERS     [go to this ARTICLE]
... PROTECTION OF CONSULAR OFFICERS ...
... The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity. ...


ARTICLE-41: PERSONAL INVIOLABILITY OF CONSULAR OFFICERS     [go to this ARTICLE]
... PERSONAL INVIOLABILITY OF CONSULAR OFFICERS ...
... 1. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority. ...
... 2. Except in the case specified in paragraph 1 of this Article, consular officers shall not be committed to prison or liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect. ...
... 3. If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this Article, in a manner which will hamper the exercise of consular functions as little as possible. When, in the circumstances mentioned in paragraph 1 of this Article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay. ...
... 3. If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this Article, in a manner which will hamper the exercise of consular functions as little as possible. When, in the circumstances mentioned in paragraph 1 of this Article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay. ...


ARTICLE-43: IMMUNITY FROM JURISDICTION     [go to this ARTICLE]
... 1. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions. ...
... (a) arising out of a contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending State; or ...


ARTICLE-44: LIABILITY TO GIVE EVIDENCE     [go to this ARTICLE]
... 1. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings. A consular employee or a member of the service staff shall not, except in the cases mentioned in paragraph 3 of this Article, decline to give evidence. If a consular officer should decline to do so, no coercive measure or penalty may be applied to him. ...
... 2. The authority requiring the evidence of a consular officer shall avoid interference with the performance of his functions. It may, when possible, take such evidence at his residence or at the consular post or accept a statement from him in writing. ...


ARTICLE-45: WAIVER OF PRIVILEGES AND IMMUNITIES     [go to this ARTICLE]
... 3. The initiation of proceedings by a consular officer or a consular employee in a matter where he might enjoy immunity from jurisdiction under Article 43 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. ...


ARTICLE-46: EXEMPTION FROM REGISTRATION OF ALIENS AND RESIDENCE PERMITS     [go to this ARTICLE]
... 1. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits. ...


ARTICLE-47: EXEMPTION FROM WORK PERMITS     [go to this ARTICLE]
... 2. Members of the private staff of consular officers and of consular employees shall, if they do not carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to in paragraph 1 of this Article. ...


ARTICLE-49: EXEMPTION FROM TAXATION     [go to this ARTICLE]
... 1. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: ...


ARTICLE-50: EXEMPTION FROM CUSTOMS DUTIES AND INSPECTION     [go to this ARTICLE]
... (b) articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment. The articles intended for consumption shall not exceed the quantities necessary for direct utilization by the persons concerned. ...
... 3. Personal baggage accompanying consular officers and members of their families forming part of their households shall be exempt from inspection. It may be inspected only if there is serious reason to believe that it contains articles other than those referred to in sub-paragraph (b) of paragraph 1 of this Article, or articles the import or export of which is prohibited by the laws and regulations of the receiving State or which are subject to its quarantine laws and regulations. Such inspection shall be carried out in the presence of the consular officer or member of his family concerned. ...
... 3. Personal baggage accompanying consular officers and members of their families forming part of their households shall be exempt from inspection. It may be inspected only if there is serious reason to believe that it contains articles other than those referred to in sub-paragraph (b) of paragraph 1 of this Article, or articles the import or export of which is prohibited by the laws and regulations of the receiving State or which are subject to its quarantine laws and regulations. Such inspection shall be carried out in the presence of the consular officer or member of his family concerned. ...


ARTICLE-53: BEGINNING AND END OF CONSULAR PRIVILEGES AND IMMUNITIES     [go to this ARTICLE]
... 4. However, with respect to acts performed by a consular officer or a consular employee in the exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time. ...


ARTICLE-54: OBLIGATIONS OF THIRD STATES     [go to this ARTICLE]
... 1. If a consular officer passes through or is in the territory of a third State, which has granted him a visa if a visa was necessary, while proceeding to take up or return to his post or when returning to the sending State, the third State shall accord to him all immunities provided for by the other Articles of the present Convention as may be required to ensure his transit or return. The same shall apply in the case of any member of his family forming part of his household enjoying such privileges and immunities who are accompanying the consular officer or travelling separately to join him or to return to the sending State. ...
... 1. If a consular officer passes through or is in the territory of a third State, which has granted him a visa if a visa was necessary, while proceeding to take up or return to his post or when returning to the sending State, the third State shall accord to him all immunities provided for by the other Articles of the present Convention as may be required to ensure his transit or return. The same shall apply in the case of any member of his family forming part of his household enjoying such privileges and immunities who are accompanying the consular officer or travelling separately to join him or to return to the sending State. ...


ARTICLE-57: SPECIAL PROVISIONS CONCERNING PRIVATE GAINFUL OCCUPATION     [go to this ARTICLE]
... 1. Career consular officers shall not carry on for personal profit any professional or commercial activity in the receiving State. ...


ARTICLE-58: GENERAL PROVISIONS RELATING TO FACILITIES, PRIVILEGES AND IMMUNITIES     [go to this ARTICLE]
... 1. Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of Article 54 and paragraphs 2 and 3 of Article 55 shall apply to consular posts headed by an honorary consular officer. In addition, the facilities, privileges and immunities of such consular posts shall be governed by Articles 59, 60, 61 and 62. ...
... 2. Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph 1 of Article 55 shall apply to honorary consular officers. In addition, the facilities, privileges and immunities of such consular officers shall be governed by Articles 63, 64, 65, 66 and 67. ...
... 2. Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph 1 of Article 55 shall apply to honorary consular officers. In addition, the facilities, privileges and immunities of such consular officers shall be governed by Articles 63, 64, 65, 66 and 67. ...
... 3. Privileges and immunities provided in the present Convention shall not be accorded to members of the family of an honorary consular officer or of a consular employee employed at a consular post headed by an honorary consular officer. ...
... 3. Privileges and immunities provided in the present Convention shall not be accorded to members of the family of an honorary consular officer or of a consular employee employed at a consular post headed by an honorary consular officer. ...
... 4. The exchange of consular bags between two consular posts headed by honorary consular officers in different States shall not be allowed without the consent of the two receiving States concerned. ...


ARTICLE-59: PROTECTION OF THE CONSULAR PREMISES     [go to this ARTICLE]
... The receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity. ...


ARTICLE-60: EXEMPTION FROM TAXATION OF CONSULAR PREMISES     [go to this ARTICLE]
... 1. Consular premises of a consular post headed by an honorary consular officer of which the sending State is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered. ...


ARTICLE-61: INVIOLABILITY OF CONSULAR ARCHIVES AND DOCUMENTS     [go to this ARTICLE]
... The consular archives and documents of a consular post headed by an honorary consular officer shall be inviolable at all times and wherever they may be, provided that they are kept separate from other papers and documents and, in particular, from the private correspondence of the head of a consular post and of any person working with him, and from the materials, books or documents relating to their profession or trade. ...


ARTICLE-62: EXEMPTION FROM CUSTOMS DUTIES     [go to this ARTICLE]
... The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of, and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services on the following articles, provided that they are for the official use of a consular post headed by an honorary consular officer: coats-of-arms, flags, signboards, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post. ...


ARTICLE-63: CRIMINAL PROCEEDINGS     [go to this ARTICLE]
... If criminal proceedings are instituted against an honorary consular officer , he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible. When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay. ...
... If criminal proceedings are instituted against an honorary consular officer , he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible. When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay. ...


ARTICLE-64: PROTECTION OF HONORARY CONSULAR OFFICERS     [go to this ARTICLE]
... PROTECTION OF HONORARY CONSULAR OFFICERS ...
... The receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position. ...


ARTICLE-65: EXEMPTION FROM REGISTRATION OF ALIENS AND RESIDENCE PERMITS     [go to this ARTICLE]
... Honorary consular officers, with the exception of those who carry on for personal profit any professional or commercial activity in the receiving State, shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits. ...


ARTICLE-66: EXEMPTION FROM TAXATION     [go to this ARTICLE]
... An honorary consular officer shall be exempt from all dues and taxes on the remuneration and emoluments which he receives from the sending State in respect of the exercise of consular functions. ...


ARTICLE-67: EXEMPTION FROM PERSONAL SERVICES AND CONTRIBUTIONS     [go to this ARTICLE]
... The receiving State shall exempt honorary consular officers from all personal services and from all public services of any kind whatsoever and from military obligations such as those connected with requisitioning, military contributions and billeting. ...


ARTICLE-68: OPTIONAL CHARACTER OF THE INSTITUTION     [go to this ARTICLE]
... OF HONORARY CONSULAR OFFICERS Each State is free to decide whether it will appoint or receive honorary consular officers. ...
... OF HONORARY CONSULAR OFFICERS Each State is free to decide whether it will appoint or receive honorary consular officers. ...


ARTICLE-71: NATIONALS OR PERMANENT RESIDENTS OF THE RECEIVING STATE     [go to this ARTICLE]
... 1. Except in so far as additional facilities, privileges and immunities may be granted by the receiving State, consular officers who are nationals of or permanently resident in the receiving State shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts performed in the exercise of their functions, and the privilege provided in paragraph 3 of Article 44. So far as these consular officers are concerned, the receiving State shall likewise be bound by the obligation laid down in Article 42. If criminal proceedings are instituted against such a consular officer, the proceedings shall, except when he is under arrest or detention, be conducted in a manner which will hamper the exercise of consular functions as little as possible. ...
... 1. Except in so far as additional facilities, privileges and immunities may be granted by the receiving State, consular officers who are nationals of or permanently resident in the receiving State shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts performed in the exercise of their functions, and the privilege provided in paragraph 3 of Article 44. So far as these consular officers are concerned, the receiving State shall likewise be bound by the obligation laid down in Article 42. If criminal proceedings are instituted against such a consular officer, the proceedings shall, except when he is under arrest or detention, be conducted in a manner which will hamper the exercise of consular functions as little as possible. ...
... 1. Except in so far as additional facilities, privileges and immunities may be granted by the receiving State, consular officers who are nationals of or permanently resident in the receiving State shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts performed in the exercise of their functions, and the privilege provided in paragraph 3 of Article 44. So far as these consular officers are concerned, the receiving State shall likewise be bound by the obligation laid down in Article 42. If criminal proceedings are instituted against such a consular officer, the proceedings shall, except when he is under arrest or detention, be conducted in a manner which will hamper the exercise of consular functions as little as possible. ...
... 2. Other members of the consular post who are nationals of or permanently resident in the receiving State and members of their families, as well as members of the families of consular officers referred to in paragraph 1 of this Article, shall enjoy facilities, privileges and immunities only in so far as these are granted to them by the receiving State. Those members of the families of members of the consular post and those members of the private staff who are themselves nationals of or permanently resident in the receiving State shall likewise enjoy facilities, privileges and immunit ies only in so far as these are granted to them by the receiving State. The receiving State shall, however, exercise its jurisdiction over those persons in such a way as not to hinder unduly the performance of the functions of the consular post. ...