The establishment of a consulate by the sending State in the territory of the receiving State shall be subject to the consent of the latter State.

The sending and receiving States shall determine by agreement the seat of the consulate, its classification and the consular district.

Prior to the appointment of the head of the consulate of the sending State it shall, through diplomatic channels, request the approval of the receiving State.

The head of a consulate may enter upon the performance of his duties as soon as he receives an exequatur or other authorization from the receiving State after the presentation of his consular commission or other document of appointment.

The consular commission or other document of appointment shall specify the full name of the head of the consulate, his rank, the consular district and the seat of the consulate.

After the presentation of the consular commission or other document of appointment, the receiving State shall issue to the head of the consulate the exequatur or other authorization as soon as possible and free of charge. A State which refuses to grant an exequatur or other authorization shall not be obliged to give the sending State reasons for such refusal.

Pending delivery of the exequatur or other authorization, the head of a consulate may be admitted on a provisional basis to the performance of his duties.

The authorities of the receiving State when granting the exequatur or other authorization or when granting their provisional approval, shall undertake the measures necessary in order that the head of the consulate may perform his tasks.

If the head of a consulate is unable for any reason to act as such or if the post is temporarily vacant, the sending State may appoint a consular officer belonging to the same consulate or to another consulate in the receiving State or a member of the diplomatic staff of its diplomatic mission in that State to act temporarily in his place. The name of the person concerned shall be notified as soon as possible to the ministry of foreign affairs of the receiving State.

Such acting officer shall be accorded the same rights, privileges and immunities and shall be subject to the same obligations as if he had been appointed under Article 3.

If, in accordance with the provisions of paragraph (1) of this Article, a member of the diplomatic staff of the diplomatic mission of the sending State is charged temporarily with heading the consulate, this assignment shall not affect his diplomatic privileges and immunities.

In the case of a consular officer to whom Article 3 does not apply, as well as in the case of a consular employee, the sending State shall notify in advance through the diplomatic channel the ministry of foreign affairs of the receiving State of the name, nationality, rank and function of the officer or employee.

The receiving State shall, upon the request of the sending State, issue for each consular officer included in the provisions of paragraph (1) a document recognizing his right to exercise consular functions.

(a)

A consular officer shall be a national of the sending State and not a national or a permanent resident of the receiving State.

A consular employee may be a national of the sending State, a national of the receiving State or a national of a third State.

any appointment of a national of the sending State if the person concerned has already been authorized to enter, or reside in, the receiving State for other purposes. This limitation shall not apply, however, in the case of a person who is already a member of the staff of a consulate, or of the diplomatic mission, of the sending State in the receiving State;

the appointment as a consular employee of a national or a permanent resident of the receiving State or a national of a third State.

The receiving State shall treat a consular officer with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity, or that of any member of his family residing with him.

The receiving State is under a special duty to take all appropriate steps to protect the consular premises and the residence of a consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consulate or impairment of its dignity.

The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws and regulations, by the sending State of premises necessary for its consulate or assist the sending State in obtaining accommodations in some other way.

It shall also, where necessary, assist the sending State in obtaining suitable accommodations for consular officers and for consular employees who are neither citizens nor permanent residents of the receiving State.

The sending State shall have the right, in the territory of the receiving State and in accordance with its laws and regulations, to acquire, own, lease for any period of time, or otherwise hold and occupy such lands, buildings, and appurtenances as may be necessary and appropriate for consular purposes, including residences for officers and employees of the consulate who are not nationals of the receiving State.

The sending State shall have the right, in accordance with the laws and regulations of the receiving State, to erect buildings, and appurtenances on land which it owns or leases in accordance with paragraph (3) of this Article.

The flag of the sending State and its consular flag may be flown and its coat-of-arms displayed on the building in which the consulate is installed and at the entrance door thereof, on the residence of the head of the consulate and on the means of transport used by him in the performance of his official duties.

In the exercise of the rights accorded under this Article regard shall be paid to the laws, regulations and usages of the receiving State.

The consular archives and documents shall be inviolable at all times and wherever they may be.

Documents and objects of an unofficial character shall not be kept in the archives.

A consulate shall be entitled to exchange communications with the Government of the sending State and with the diplomatic mission, or other consulates, of that State in the receiving State or in a third State. The consulate may for this purpose employ all public means of communication as well as couriers, sealed pouches, bags and other containers, and may use codes or ciphers. However, the installation and use of a wireless transmitter by the consulate shall be subject to the consent of the receiving State.

In respect of public means of communication, the same tariffs shall be applied in the case of a consulate as are applied in the case of the diplomatic mission.

The official correspondence of a consulate (whatever the means of communication employed) as well as the sealed pouches, bags and other containers referred to in paragraph (1) of this Article shall, provided that they bear visible external marks of their official character, be inviolable and the authorities of the receiving State shall not examine or detain them. They shall contain only official correspondence and objects intended exclusively for official use.

Persons charged with the conveyance of consular pouches, bags and other containers shall be accorded the same rights, privileges and immunities as are accorded by the receiving State to the diplomatic couriers of the sending State. Any such person shall be provided with an official document indicating his status and the number of packages constituting the consular pouch, bag or other container.

A consular officer shall be immune from the jurisdiction of the receiving State except in the cases referred to in Article 48 of this Convention and in paragraph (2) of this Article.

The immunity provided in paragraph (1) of this Article shall not, however, apply in respect of civil actions:

relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the consulate;

relating to succession in which the consular officer is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

relating to any professional or commercial activity exercised by the consular officer in the receiving State outside his official functions;

by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.

The provisions of paragraphs (1) and (2) of this Article shall apply as well to members of the family of the consular officer, residing with him, provided in each case that the person concerned is not a national or permanent resident of the receiving State.

A consular employee, who is a national of the sending State and not a permanent
resident of the receiving State and who has been notified under Article 5 (1) as having administrative or technical functions, shall be immune from the criminal jurisdiction of the receiving State. He shall also be immune from the civil and administrative jurisdiction of that State in respect of any act performed in his official capacity, subject to the exception described in paragraph (2) (d) of this Article.

The provisions of the first sentence of subparagraph (a) of this paragraph shall apply as well to members of the family of such a consular employee who has been notified under Article 5 (1), residing with him, provided in each case that the person concerned is not a national or permanent resident of the receiving State.

A consular employee other than one described in paragraph (4) of this Article, provided that he is not a national or permanent resident of the receiving State, shall be immune from the jurisdiction of that State in respect of any act performed in his official capacity, subject to the exception described in paragraph (2) (d) of this Article.

In the event of the arrest or detention of, or the institution of criminal proceedings against, a consular employee described in Article 15 (5), the receiving State shall immediately inform the head of the consulate accordingly.

The provisions of paragraph (1) of this Article shall apply as well to those member of the family of a consular officer to whom the benefits of Article 15 (3) do not apply and to members of the families of a consular employee to whom the benefits of Article 15 (4) do not apply.

(a)

A consular officer or consular employee may be called upon to attend as a witness in the course of judicial or administrative proceedings.

In the event of the refusal of a consular officer or a consular employee described in Article 15 (4) to give evidence at such proceedings, no coercive measure or penalty may be applied to him.

A consular employee shall not, however, decline to give evidence, except in the cases mentioned in paragraph (3) of this Article.

The respective provisions of paragraph (1) of this Article concerning consular officers and consular employees shall apply also to members of their families, residing with them, who are not nationals or permanent residents of the receiving State.

Consular employees are under no obligation to give evidence concerning matters falling within the official work of the consulate. They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State.

The authorities of the receiving State shall not require the production of any official document or object.

The authorities of the receiving State, in taking the testimony of a consular officer or a consular employee, shall take all appropriate measures to avoid hindering his performance of official duties. Upon the request of the head of a consulate, such testimony may, when possible, be given orally or in writing at the consular establishment or at the residence of the person concerned.

The sending State may waive any of the privileges and immunities provided for in Article 15 and 17.

Without prejudice to the provisions of paragraph (3) of this Article, the waiver shall in all cases be expressed and shall be communicated in writing to the receiving State.

The initiation of proceedings by a person entitled to immunity from jurisdiction under Article 15 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of execution of the judgment for which a separate waiver shall be required.

A consular officer, as well as, provided that he is not a national or a permanent resident of the receiving State, a consular employee, shall be exempt in the receiving State from service in the armed forces and from other compulsory public service of any kind, e.g., jury duty, and military obligations connected with requisitioning, military contributions and billeting.

The provisions of paragraph (1) of this Article shall apply also to members of the family of the consular officer or consular employee, residing with him, provided in each case that the person concerned is not a national or a permanent resident of the receiving State.

A consular officer, as well as, provided that he is not a permanent resident of the receiving State, a consular employee, shall be exempt from all requirements under the laws and regulations of the receiving State relative to the registration of aliens and permission to reside and from compliance with any other similar requirements applicable to aliens.

The provisions of paragraph (1) of this Article shall apply also to members of the family of a consular officer or consular employee, residing with him, provided in each case that the person concerned is not a permanent resident of the receiving State.

No tax or other similar charge of any kind shall be imposed or collected by the receiving State or any state or municipal subdivision thereof in respect of,

land, building or parts of buildings owned or leased by the sending State or by a natural or juridical person acting on behalf of that State and used exclusively for any of the purposes specified in Article 9;

transactions or instruments relative to the acquisition of such premises.

The provisions of sub-paragraph (1) (a) of this Article shall not apply with regard to payments due in respect of specific serviced rendered.

The exemption accorded under paragraph (1) of this Article shall not apply to taxes or other similar charges payable under the law of the receiving State by a person contracting with the sending State or with a person acting on its behalf.

A consular officer or consular employee or a member of his family forming part of his household shall, provided in either case that he is not a national or permanent resident of the receiving State, be exempt in the receiving State from all taxes, or similar charges of any kind imposed or collected by the receiving State or any state or municipal subdivision thereof, except

on the acquisition, ownership, occupation or disposal of immovable property situated within the receiving State;

without prejudice to the provisions of paragraph (2) of this Article, on income derived from private occupation for gain or from other sources, or on the appreciation of assets, within the receiving State;

on transactions, or instruments effecting transactions, including stamp duties;

without prejudice to the provisions of Article 27, on the passing of property at death;

indirect taxes of a kind which are normally incorporated in the price of goods or services;

charges levied for specific serviced rendered.

A consular officer or, provided that he is not a national or permanent resident of the receiving State, a consular employee, shall be exempt in that State from all taxes or other similar charges of any kind imposed or collected by the receiving State or any state or municipal subdivision thereof in respect of the official emoluments, salary, wages or allowances received by him as compensation for his official duties.

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:

        If a consular officer, a consular employee or a member of his family, residing with him, dies and leaves movable property in the receiving State no tax or other similar charge of any kind shall be imposed or collected by the receiving State or any state or municipal subdivision thereof in respect of that property and no limitation upon export shall be applied, provided

that the deceased person was not a national or a permanent resident of the receiving State;

that the person entitled to receive the property as a consequence of the death is not a national or a permanent resident of the receiving State;

that the presence of the property in that State was due solely to the presence of the deceased in the capacity of a consular officer or consular employee or as a member of the family of a consular officer or consular employee.

Without prejudice to the provisions of paragraph (4) of this Article, a consular officer, as well as, provided that he is not a national or a permanent resident of the receiving State, a consular employee, shall with respect to services rendered by him for the sending State, be exempt from the social security provisions of the receiving State.

The exemption provided for in paragraph (1) of this Article shall apply also to members of the family of the consular officer or consular employee, residing with him provided in each case that the person concerned is not a national or a permanent resident of the receiving State.

In addition, the exemption provided for in paragraph (1) of this Article shall apply to a person in the private service of the consular officer or consular employee, provided in each case that the person concerned

is not a national or permanent resident of the receiving State; and

is covered by the social security provisions of the sending State or of a third State.

Any such consular officer or consular employee who employs a person to whom the provisions of paragraph (3) of this Article do not apply shall observe any obligations imposed upon employers under the social security provisions of the receiving State.

The exemption provided for in paragraph (1), (2) and (3) of this Article shall not preclude voluntary participation, insofar as such participation may be permissible, in the social security system of the receiving State.

A consular officer or consular employee shall receive the immunities and privileges due to him under this Convention as from the moment of crossing the frontier of the receiving State to take up his post or, if he is already present in that State, as from the moment of entering upon his duties.

Members of the family of a person to whom paragraph (1) of this Article applies, residing with him, shall receive the immunities and privileges accord to them under this Convention

as from the moment that the consular officer or consular employee becomes entitled to receive immunities and privileges in accordance with paragraph (1) of this Article;

if they entered the receiving State after that date, as from the moment of crossing the frontier; or

as from the moment of becoming members of the family of the person concerned, as the case may be.

When the appointment of a consular officer or consular employee comes to an end, this immunities and privileges, as well as the immunities and privileges of members of his family, residing with him, shall cease as from the moment of his departure from the receiving State or upon the expiry of a reasonable period after termination of his appointment.

In the case of a consular employee who is a national or a permanent resident of the receiving State immunities and privileges shall cease upon the termination of his appointment.

Insofar as concerns any act performed in his official capacity by a consular officer or consular employee, immunity from jurisdiction shall continue to subsist without limitation of time.

The immunities and privileges of members of the family shall likewise cease as from the moment when they cease to be members of the family of the consular officer or consular employee in question. However, if the person concerned undertakes to depart from the territory of the receiving State within a reasonable period thereafter the immunities and privileges shall continue to be accorded until that date.

In the event of the death of a consular officer or consular employee, members of his family shall continue to receive the immunities and privileges accorded to them under this Convention until the moment of their departure from the receiving State or until the expiry of a reasonable period granted for this purpose.

In addition to the functions otherwise specified in this Convention, a consular officer may perform any other functions with which he is entrusted by the sending State, provided they are not prohibited by the laws and regulations of the receiving State.

A consular officer shall be entitled to perform consular duties only within his own consular district. The performance by him of consular duties outside that district shall be subject to the consent of the receiving State.

Upon notification to the receiving State, a consular officer shall be entitled to perform duties on behalf of a third State, provided that the receiving State does not raise objection.

A consular officer may, on notification to the receiving State, act as representative of the sending State to an international organization. In this capacity he shall be entitled to receive any facilities, privileges and immunities accorded to such a representative by international law; 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.

to protect and promote the rights and interests of the sending State and those of its nationals including juridical persons;

to advance the interests of the sending State with regard to commercial, economic, scientific and cultural matters and tourism and to further the expansion of contacts and the development of friendly relations between the sending State and the receiving State in these and other fields;

to ascertain by all lawful means conditions and developments in commercial, economic, cultural and scientific life of the receiving State, to report thereon to the Government of the sending State and give information to persons interested.

to keep register of nationals of the sending State;

to register or receive notification of the birth or death of a national of the sending State;

to record a marriage solemnized under the law of the receiving State, or a divorce granted under that law, provided that at least one of the parties to such marriage or divorce is a national of the sending State;

to solemnize a marriage, provided that both parties thereto are nationals of the sending State and provided also that the solemnization of such a marriage is not prohibited under the law of the receiving State.

Nothing in the provisions of paragraph (1) of this Article shall exempt any private person from any obligation imposed by the law of the receiving State with regard to the notification to, or registration with, the competent authorities of any matter dealt with in those provisions.

to draw up, attest, certify, authenticate, legalize or otherwise validate documents of a juridical character or copies thereof, whenever such services are requested,

by a person of any nationality for use in the sending State or under the law of that State; or

by a national of the sending State or of the receiving State for use in a third State;

In any case where a document referred to in paragraph (1) of this Article is required for use in the receiving State, the authorities of that State shall be obliged to give it the same force and effect as though it had been drawn up or certified or translated by the competent authorities or officials of the receiving State; provided that such document shall have been drawn and executed in conformity with the laws and regulations of the receiving State.

A consular officer shall be entitled to safeguard, within the limits imposed by the laws and regulations of the receiving State, the interests of minors, other persons lacking full capacity, and persons absent from the receiving State, who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons. He may propose to the competent authorities of the receiving State the names of appropriate persons to act as guardians or trustees.

If it comes to the knowledge of the competent authorities of the receiving state that measures are required to be taken for the appointment of a guardian or trustee of a national of the sending State, the shall promptly so inform the consular officer.

In any case where a national of the sending State has been placed under detention pending trial or subjected to any other deprivation of personal liberty, the competent authorities of the receiving State shall notify the appropriate consulate of the sending State accordingly. Notification shall be made without delay and in any event within three days.

The consular officer shall be entitled to receive correspondence or other communications from a national who has been so placed under detention pending trial or subjected to any other form of deprivation of personal liberty and to take the necessary steps to provide him with legal assistance and representation.

The consular officer shall likewise be entitled to visit, to converse with and to communicate with the national. Visits shall be permitted at latest after the expiry of four days from the date on which the national was placed under detention pending trial or subjected to any other deprivation of liberty.

In any case where a national of the sending State has been subjected to detention pending trial, or any other deprivation of personal liberty, or has been convicted and is serving a sentence of imprisonment, the consular officer shall have the right to visit, to converse with and to communicate with him. Visits may be made on a recurrent basis and at intervals of not more than one month.

The rights referred to on paragraphs (2), (3) and (4) of this Article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must not nullify these rights.

A national to whom the provisions of this Article apply may receive from the consular officer parcels containing food, clothes, medicament and reading and writing materials to the extent that the applicable regulations of the institution in which he is detained so permit.

The competent authorities of the receiving State shall, without delay, inform the national concerned of the rights of visit and communication granted under this Article.

In all those cases in which an estate is left in the receiving State by a national of the sending State, or by any person when a national of the sending State has an interest in the estate, the consular officer shall be entitled to take steps, in accordance with the laws and regulations obtaining in the receiving State, personally or through his authorized representative,

for the administration (including the distribution) of the estate.

In all those cases in which an estate is left in the receiving State by a national of the sending State or by any person when a national of the sending State has an interest in the estate, the consular officer within whose consular district the estate is being administered, or if no administration is instituted, within whose consular district the property included in the estate is situated, shall be entitled to represent the interests of the national of the sending State concerned.

The provisions of paragraphs (1) (b) and (2) of this Article shall not entitle the consular officer to act as an attorney at law, but he is entitled in such cases to give a power of attorney to an attorney at law.

The provisions of this Article shall apply whatever the place of the death of the deceased person.

to take provisional custody of the personal property left by a deceased national of the sending State;

In the cases included in paragraphs (1) (c) and (d) the court, or other competent authority or the person distributing the estate, may require that the consular officer comply with the following conditions:

present within a reasonable time appropriate evidence which verifies the receipt of the money and property by the national concerned; or

In any case where a national of the sending State who is not domiciled in the receiving State dies while temporarily present in that State, money and personal effects in his possession, provided that they are not claimed by a person who is present and entitled to claim them shall be turned over without delay on a provisional basis and for conservatory purposes, to the appropriate consular officer of the sending State. This provision shall be without prejudice to the right of the competent authorities of the receiving State, to take charge of them in the interests of justice.

If an authority of the receiving State in charged with the administration of the estate of the deceased person the consulate shall hand over the money and personal effects to the said authority.

The exportation of the money and personal effects shall be subject to the laws and regulations of the receiving State.

The provisions of this Article shall be without prejudice to the provisions of Articles 43 to 46.

A consular officer shall be entitled to render every assistance and aid to a vessel of the sending State which has come to a port or other place of anchorage within the consular district.

A consular officer may communicate with the vessel and proceed on board, accompanied, if he desires, by other consular officers or by consular employees, as soon as she has been given permission to establish contact with the shore.

The master and members of the crew shall be permitted to communicate with the consular officer and for this purpose they may also, subject to the laws and regulations of the receiving State with regard to the port area and the admission of foreigners, proceed to the consulate or to some other appropriate place designated by the consular officer.

A consular officer may invoke the aid of the competent authorities of the receiving State in any matter relating to the performance of his duties with respect to a vessel of the sending State or to the master and members of the crew of such a vessel.

Where it is the intention of the courts or other competent authorities of the receiving State to take any coercive action or to institute any formal enquiry on board a vessel of the sending State, they shall so inform the appropriate consular officer. Except where this is impossible on account of the urgency of the matter, such notification shall be made in time to enable the consular officer or his representative to be present. If the consular officer has not been present or represented he shall, upon request, be provided by the authorities concerned with full information with regard to what has taken place.

The provisions of paragraph (1) of this Article shall apply also in any case where it is the intention of the competent authorities of the port area to question the master or any member of the crew ashore.

The provisions of this Article shall not, however, apply to any routine examination by the authorities in regard to customs, immigration, public health, the safety of life at sea, oil pollution, wireless telegraphy or any similar matter, or with the consent of the master of the vessel.

All persons to whom privileges and immunities are accorded under this Convention shall, without prejudice to the said privileges and immunities, be under an obligation to respect the laws and regulations of the receiving State, including those relative to the control of traffic.

Vehicle owned by the sending State and used by the consulate, and those of consular officers, consular employees, or members of their families, must be covered by insurance against third party risks.

Members of the diplomatic staff of the diplomatic mission of the sending State in the receiving State may be appointed to perform consular, in addition to diplomatic, duties. The name of any person so appointed shall be notified to the ministry of foreign affairs of the receiving State.

A member of the diplomatic mission to whom paragraph (1) of this Article applies shall be accorded the same rights as a consular officer under this Convention. Without prejudice to the provisions of Article 48, he shall continue to receive the privileges and immunities accorded to him by virtue of his diplomatic status.