Indian Treaty Series

New Delhi, 4 December 1974

The Czechoslovak Socialist Republic

AND

The Republic of INDIA,

DESIROUS of strengthening friendly relations existing between their two countries,

HAVE DECIDED to conclude a Consular Convention and for this purpose

HAVE AGREED as follows :

SECTION I DEFINITIONS

Article 1

For the purposes of this Convention :

(a) “consular post” means consulate-general, consulate, vice-consulate, or consular agency;

(b) “consular district” means the area assigned to the consular post for the performance of consular functions;

(c) “head of consular post” means any person charged by the sending State with the performance of functions connected with this post;

(d) “consular officer” means any person, including the head of a ‘ consular post, who has been charged with the performance of consular functions; ‘

(e) “consular employee then” means any person, other than a consular officer, employed to perform administrative or technical functions of a consular post;

(f) “member of the service staff” means any person employed in the domestic service of a consular post;

(g) “member of the consular post” means consular officers, consular employees and members of the service staff;

(h) “consular premises” means the buildings or parts of buildings and land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post;

(i) “consular archives” includes all the papers, documents, correspondence, books, films recording tapes and registers of the consular post, together with ciphers and codes, card files and any equipment used for their protection and safekeeping.

SECTION II

ESTABLISHMENT OF CONSULAR POST AND APPOINTMENT OF CONSULAR OFFICERS AND CONSULAR EMPLOYEES

Article 2

1. The establishment of a consular post in the territory of the receiving State shall be subject to the consent of the receiving State.

2. The sending State and the, receiving State shall determine by agreement the seat of the consular post, its classification and the limits of the consular district. . .

Article 3

1. The sending State shall request in advance through the diplomatic channel the consent of the receiving State to the appointment of a head of the consular post.

2. After such consent has been obtained the diplomatic mission of the sending State shall transmit to the Ministry of External Affairs of the receiving State the consular commission or other document of appointment. The Commission or other document shall specify the full name of the head of the consular post, his citizenship, his rank, the seat of the consular post and consular district.

3. Upon the presentation of the consular commission or other document of appointment of a head of the consular post, the executor or other document of authorization shall be granted as soon as possible by the receiving State.

4. The head of a consular post may enter upon the performance of v, his functions as soon as the consular commission or other A document of appointment has been presented and the receiving ; State has granted him an executor or other document of authorization.

Article 4

Pending the granting of an executor or other document of authorization, the receiving State may permit the head of a consular post to performs his functions provisionally.

Article 5

Only a citizen of the sending State shall be appointed as a consular officer.

Article 6

1. The sending State shall, in advance, notify in writing to the Ministry of External Affairs of the receiving State about the full name, citizenship, rank and class of each consular officer, other than the head of a consular post, appointed to a consular post.

2. The sending State also shall, in advance, notify in writing the receiving State of the full name, citizenship and function of a consular employee. appointed to a consular post.

Article 7

l. The sending State may in conformity with Articles 3, 5 and 6 charge one or more members of its diplomatic mission in the receiving State with the performance of consular functions. A member of the diplomatic mission, charged with the performance of consular functions, shall continue to enjoy the privileges and immunities to which he is entitled as a member of the diplomatic mission.

2. A consular department, charged with the performance of consular functions may be established by the sending State at its diplomatic mission.

Article 8

The competent authorities of the receiving State shall issue to consular officers, consular employees and members of their families residing with them identity certificates in accordance with the practice followed by them in this regard.

Article 9

The receiving State shall afford its protection to a consular officer and shall take all necessary measures to ensure that he is enabled to perform his functions and is accorded the rights, privileges and immunities due to him under this Convention.

Article 10

1. If the head of the consular post 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 consular post or to another consular post of the sending State 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 full name of the person concerned shall be notified in advance, in writing, to the Ministry of External Affairs of the receiving State.

2. A person acting temporarily as head of a consular post shall be entitled to perform all functions of head of a consular post and to enjoy all rights, privileges and immunities as head of a consular post appointed under Article 3.

3. A member of the diplomatic staff of the diplomatic mission temporarily acting as head of a consular post, shall continue to enjoy the privileges and immunites accorded to him by virtue of his diplomatic status.

Article 11

1. The receiving State may, at any time and without having to explain the reasons for its decision, notify the sending State through the diplomatic channel that a consular officer is persona non grata or that a consular employee is unacceptable.

The sending State shall thereupon recall the person concerned.

2. If the sending State fails to carry out within a reasonable period its obligation under paragraph 1, the receiving State may decline to continue to recognize such person as a member of the consular post.

Article 12

l. The sending State may, to the extent that this is permitted under the law of the receiving State, acquire, hold or use under any form of tenure which may exist under that law, land, buildings or parts of buildings for the purposes of providing a consular post or a residence for the members of the consular post who are citizens of the sending State.

2. The receiving State shall provide, every assistance to the sending State in obtaining land, buildings or parts of buildings for the purposes mentioned in paragraph l.

3. Nothing in paragraph 1 or paragraph 2 of this Article shall be construed to exempt the sending State from compliance with the building, planning, zoning and other similar regulations or restrictions of the receiving State.

SECTION III

PRIVILEGES AND IMMUNITIES

Article 13

1. The coat-of arms of the sending State together with an inscription designating the consular post in the language of that State and of the receiving State may be affixed to the building occupied by the consular post as well as at the residence of the head of a consular post.

2. The flag of the sending State may be flown at the building occupied by the consular post and also at the residence of the head of a consular post and on his means of transport when used on official business.

Article 14

- The consular premises and the residence of the head of the consular post shall be inviolable. The authorities of the receiving State may enter the consular premises or the residence of the head of the consular post only with the consent of the head of the consular post or the head of the diplomatic mission of the sending State or by a person designated by either of them.

Article 15

The consular archives shall be inviolable at all times and wherever they may be. Non-official papers must not be held together with consular archives.

Article 16

1. The consular post shall be entitled to exchange communications with its Government, with the diplomatic mission of the sending State and with other consular posts of the sending State wherever they may be. For this purpose the consular post may employ all suitable means of communication, as also diplomatic or consular couriers, diplomatic and consular bags and codes or ciphers. Radio transmitter can be installed by a consular post only with the consent of the receiving State.

2. In respect of public means of communication the same conditions shall be applied in the case of a consular post as are applied in the case of a diplomatic mission.

3. The official correspondence of a consular post and courier containers and bags shall, provided that they bear visible external marks of their official character, be inviolable and may not be examined or detained. They may contain only official correspondence and articles intended exclusively for official use.

4. A consular courier shall be provided with an official document indicating his position and specifying the number of containers forming the consular bag. He shall hold a diplomatic passport issued by the sending State. The consular courier shall enjoy the same rights, privileges and immunities as the diplomatic courier of the sending State.

5. The sending State, its diplomatic mission and its consular posts may designate a consular courier ad hoc. The provisions of paragraph 4 of this Article shall apply to such courier except that the privileges and immunities mentioned therein shall cease to apply when he has delivered to the consignee the consular bag in his charge.

6. The master of a vessel or the commander of a civil aircraft of the sending State may also be charged with the conveyance of consular bags. In any such case the master or commander shall be provided with an official document indicating the number of containers entrusted to him; he shall not, however, be considered to be a consular courier. By arrangement with the appropriate authorities of the receiving State, the consular post may send a member of the consular post to take possession of the bag directly and freely from the master or commander, or to deliver such bag to him.

Article 17

1. The receiving State shall treat consular officers, consular employees and members of their families residing with them, with due respect and shall take all appropriate measures to prevent any attack on their person, freedom or dignity.

2. The head of the consular post shall not be liable to arrest or detention and shall enjoy immunity from criminal jurisdiction of the receiving State.

3. The immunity of the head of the consular post from criminal jurisdiction of the receiving State may be waived by the sending State. Waiver shall always be express and shall be communicated to the receiving State in writing.

4. The members of the family of the head of the consular post residing with him shall enjoy immunity from criminal jurisdiction of the receiving State to the same extent as the head of the consular post.

5. A consular officer, other than the head of the consular post, 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 of the receiving State.

6. Except in the case specified in paragraph 5 of this Article, a consular officer shall not be committed to prison or be liable to any other form of restriction on his personal freedom save in execution of a judicial decision of final effect.

7. If criminal proceedings are instituted against a consular officer, other than the head of the consular post, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to such consular officer by reason of his official position and, except in the case specified in paragraph 5 of this Article, in a manner which will hamper the performance of consular functions as little as possible. When, in circumstances mentioned in paragraph 5 of this Article, it becomes necessary to arrest or detain a consular officer, the proceedings against him shall be instituted with the minimum of delay.

8. The members of the family of a consular officer residing with him shall enjoy immunity from criminal jurisdiction of the receiving State to the same extent as the consular officer.

9. A consular officer or a consular employee shall not be amenable to the jurisdiction of the judicial or Administrative authorities of the receiving State in matters relating to the performance of his consular functions.

10. The provisions of paragraph 9 of this Article shall not apply in respect of a civil action either :

(a) relating to private immovable property situated in the territory of the receiving State, unless the consular officer or the consular employee holds it on behalf of the sending State for the purposes of the consular post; or

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

(c) relating to any professional or commercial activity exercised by him in the receiving State outside his consular functions; or

(d) 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

(e) relating to an action by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.

11. The sending State may waive any of the immunities provided for in this Article. The waiver shall be express and shall be communicated in writing to the receiving State.

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

Article 18

1. Members of a consular post may be called upon to give evidence as witnesses in court of administrative proceedings. If a consular officer declines to give evidence, no coercive measures shall be taken against him. Employees of a consular post are not entitled to decline to give evidence with the exception of cases referred to in paragraph 3.

2. Appropriate provisions of paragraph 1 in respect of consular officers and consular employees shall also apply to members of their families residing with them.

3. Members of a consular post are entitled to decline to give evidence as witnesses with regard to matters falling within the performance of their functions, or to produce any official document and official correspondence. They are also entitled to decline to give evidence as experts on the legal regulations of the sending State.

4. The authorities of the receiving State requesting evidence from consular officers or from consular employees shall take all steps to avoid interference with the performance of their functions. Where possible, the evidence may be given at the consular post or at the residence of the consular officer or consular employee, or in a written form.

Article 19

Members of a consular post and members of their families residing with them, provided in each case that the person concerned is not a citizen or a permanent resident of the receiving State, shall be exempt in the receiving State from any form of obligatory public service.

Article 20

A consular officer, a consular employee and members of their families residing with them are, on the basis of reciprocity, absolved from requirements concerning alien registration, permission for residence and other similar requirements relating to foreigners under the laws and regulations of the receiving State.

Article 21

1. The consular premises and the residence of the head of consular post of which the sending State or any person acting on its behalf is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than those which represent payment for specific services rendered.

2. The exemption from dues and taxes referred to in paragraph 1 shall not apply to :

(a) such dues and taxes if, under the laws and regulations of the receiving State, they are payable by the person who contracted with the sending State or with the person acting on its behalf, and

(b) indirect taxes of a kind which are normally incorporated in the price of goods or services. 3. Exemption provided for in this Article shall not apply to charges and fees for the services rendered.

Article 22

i. A consular officer, a consular employee and members of their families residing with them, if citizens of the sending State, shall be exempt in the receiving State from all due and taxes, personal or real, national, regional or municipal, other than the following :

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

(b) dues and taxes on private immovable property situated in the territory of the receiving State subject to the provisions of Article 21;

(c) estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of Article 23;

(d) dues and taxes on private income having its source in the receiving State and any other tax of similar nature;

(e) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 21;

(f) charges levied for specific services rendered.

2. Members of the service staff, if citizens of the sending State, shall be exempt from dues and taxes on the wages which they receive for their services. 3. Consular officers and consular employees who employ persons whose wages or salaries are not exempt from income tax or other similar taxes in the receiving State shall observe the obligations which the laws and regulations of that State impose upon employers concerning the levying of such taxes, including laws and regulations concerning social security.

Article 23

If a member of a consular post or a member of his family dies and leaves movable property in the receiving State, no tax on the passing at death, inheritance tax or charges on transactions of property shall be imposed by the receiving State in respect of that property, with the exception of any such property acquired in the receiving State the export of which was prohibited at the time of his death, provided that the person concerned was not a citizen of the receiving State and was not a permanent resident in that State and that the presence of the property in that State was due solely to the presence of the deceased in his capacity as a member of a consular post or as a member of his family.

Article 24

1. The receiving State shall, in accordance with its laws and regulations and on the basis of reciprocity, permit entry of and grant exemption from customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on :
(a) articles for the official use of the consular post;

(b) articles for the personal use of a consular officer, or members of his family residing with him, including a motor vehicle. The articles intended for consumption shall not exceed the quantities necessary for direct use by the persons concerned.

2. Consular employees, who are citizens of the sending State, and members of their families residing with them, shall enjoy exemptions in respect of articles, other than motor vehicles, referred to in sub-paragraph (b) of paragraph 1 of this Article, at the time of first installation in accordance with the applicable baggage rules of the receiving State.

3. Personal baggage accompanying consular officers and members of their families residing with them shall be exempt from customs inspection. Such baggage 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 a member of his family.

Article 25

1. 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 and cooperate in their effective implementation, including those relative to the control of traffic and to insurance of motor vehicles. They also have a duty not to interfere in the internal affairs’ of that State. 2. The consular premises shall not be used in any manner incompatible with the performance of consular functions. The consular premises shall not be used to grant asylum to any person, including citizens of the sending State.

Article 26

Consular officers, consular employees and members of the service staff and members of their families residing with them shall not carry on for personal profit any professional or commercial activity in the receiving State.

Article 27

Subject to the laws and regulations of the receiving State with regard to areas entry into which is prohibited or restricted for reasons of national security, a consular officer or consular employee, as also members of his family residing with him, shall be permitted to travel freely in that State. The provisions of this Article shall be without prejudice to any requirement with regard to the obtaining of visas or other travel document laid down under the laws and regulations of the receiving State.

SECTION IV
CONSULAR FUNCTIONS

Article 28

1. A consular officer shall have the right to perform functions specified in this Section in keeping with the laws and regulations of the receiving State. He may perform other consular functions only if these are not contrary to the laws and regulations of the receiving State.

2. Within the limits of his consular district a consular officer has the right, in accordance with the laws and regulations of the receiving State, to defend the rights and interests of the sending State; as well as its nationals, both natural and juridical.

3. In the performance of his functions a consular officer may address :

(a) the competent local authorities of the receiving State in his consular district;

(b) the competent central authorities of the receiving State if and to the extent that this is allowed by the laws, regulations and usages of the receiving State or by relevant international agreements.

4. A consular officer shall have the right, subject to the consent of the receiving State, to perform consular functions also outside his consular district.

Article 29

A consular officer shall promote the development of trade, economic, cultural and scientific contacts and tourism between the two States and contribute to the strengthening of friendly relations between them.

Article 30

1. A consular officer shall have the right within the consular district :

(a) to keep a register of citizens of the sending State;

(b) to receive applications and declarations relating to nationality of citizens of the sending State and to issue respective documents;

(c) to celebrate marriages, if both persons concerned are citizens of the sending State, in accordance with the laws and regulations of the sending State unless prohibited by the laws and regulations of the receiving State;

(d) to receive declarations pertaining to the family relationships of a citizen of the sending State in accordance with the laws and regulations of that State;

(e) to register the birth or death of a citizen of the sending State;

(f) to draw, attest, certify, authenticate, legalize or other-wise validate legal acts and documents required by a citizen of the sending State for use outside the territory of the receiving State or required by any person for use in the sending State, provided that it is not at variance with the laws and regulations of the receiving State;

(g) to translate legal acts and documents and to certify the accuracy of the translation, as well as to certify documents.

2. A consular officer shall inform the appropriate authorities of the receiving State of legal acts carried out under sub-paragraph (c) and (e) of paragraph 1, if this is required by the laws and regulations of that State.

Article 31

Legal acts and documents issued, translated or certified by a consular officer in accordance with Article 31 shall have equal legal effect and evidentiary value in the receiving State as documents issued, translated or certified by the competent authorities of the receiving State.

Article 32

1. A consular officer shall have the right to grant passports to citizens of the sending State, to issue travel documents, and to extend, renew or cancel them, and to perform any other service relating thereto.

2. He shall also be entitled to issue visas to persons wishing to travel to the sending State.

Article 33

1. The appropriate authorities of the receiving State shall, without delay, inform the consular post concerned about the death of a citizen of the sending State in the territory of the receiving State.

2. The appropriate authorities of the receiving State shall inform the consular post, upon its request, or where it comes to their knowledge on their own, about property located within such State that has fallen into inheritance in cases where the heir or the person who appears to have a legal claim to inheritance is a citizen of the sending State.

3. A consular officer shall be entitled, on behalf of a citizen of the sending State who is not a permanent resident in the receiving State, to receive money or other property to which the citizen concerned may be entitled as a consequence of the death of any person, including payments made in pursuance of workmen’s compensation laws, pensions and social security schemes, and insurance policies, in accordance with the laws and regulations of the receiving State.

4. Movable property and money derived from the liquidation of an estate belonging to a citizen of the sending State may be handed over to the appropriate consular officer, provided that the claims of the creditors have been settled or secured and that the taxes and charges in respect of the estate have been paid.

4. Export of the movable property from the receiving State and remittance of the money received by the consular post to any person outside the receiving State shall be in accordance with the laws and regulations of the receiving State.

Article 34

1) 1. A consular officer shall have the right to represent, in the consular district, in accordance with the laws and regulations of the receiving State, the citizens of the sending State before the authorities of the receiving State, if they are unable, for reasons of absence or for other serious reasons, to protect their rights and interests in time. The representation shall continue till the represented person appoints his plenipotentiary or assumes himself the protection of his rights and interests, Nothing in this Article shall empower a consular officer to plead or act before a court without a power of attorney from the concerned party,

2) A consular officer shall have the right, within the consular district, to establish and maintain contact with any citizen of the sending State, to provide him with counsel and all necessary assistance and, if need be, to take steps to secure legal help for him. The receiving State shall in no way restrict the right of a citizen of the sending State to contact his consular post or to visit it.

Article 35

1. The appropriate authorities of the receiving State shall, without delay, notify the consular post concerned about the arrest, detention or taking into custody of a citizen of the sending State.

2. The consular officer concerned shall be entitled to visit, as soon as possible, and to maintain contact with a citizen of the sending State, who has been arrested, detained, taken into custody or is serving a sentence of imprisonment. The appropriate authorities of the receiving State shall, without delay, convey to the consular post concerned any written communication from the citizen of the sending State who has been arrested, detained, taken into custody or is serving a sentence of imprisonment.

3. - Upon request, the consular officer concerned shall be informed about the law pursuant to which the citizen of the sending State has been arrested, detained or taken into custody and, as far as possible, the grounds for such arrest, detention or custody.

4. The rights of the consular officer concerned under paragraphs 2 and 3 shall be applied in accordance with the laws and regulations of the receiving State, provided that such laws and regulations do not infringe these rights.

Article 36

l. A consular officer shall be entitled, within his consular district, to render every assistance and aid to a vessel of the sending State which has come to a port, the territorial or internal waters of the receiving State, as well as to its crew and passengers.

2. A consular officer may proceed on board the vessel as soon as she has been given permission to establish contact with the consular officer.

3. A consular officer shall have the right within his consular district :

(a) to investigate, without prejudice to the rights of the authorities of the receiving State, any incident occurring on board a vessel, question any member of the crew, examine the vessels papers, take statements with regard to her voyage and destination and generally facilitate the entry into, stay in and departure from, a port of the receiving State;

(b) without prejudice to the rights of the ‘authorities of the receiving State, to settle disputes between the master and any member of the crew, including disputes as to wages and contracts of service, to the extent that this is permitted under the law of the sending State;

(c) to make arrangements for medical treatment of or the repatriation of any member of the crew or any passenger of the vessel;

(d) to receive, draw up or certify any declaration or other document prescribed by the law of the sending State in connection with vessels.

Article 37

1. In cases where the courts or other appropriate authorities of the receiving State intend to take any compulsive action, or to commence any official investigation, on board a vessel of the sending State the competent authorities of the receiving State shall inform the consular post about the same. Such information shall be given as far as possible before the commencement of such action so as to enable a consular officer or his representative to be present when such action is being taken. If the consular officer or his representative is not present, the authorities of the receiving State shall furnish the consular post, on request, full information about such action.

2. The provisions of paragraph 1 of this Article shall apply also to cases where the captain or a member of the crew of a vessel are to be examined on shore by the appropriate authorities.

3. The provisions of this Article shall not apply to customs, passport and sanitary control and inspections, or to action taken at the request or with the consent of the captain of the vessel.

Article 38

1. If a vessel of the sending State is wrecked, runs aground, is swept ashore or otherwise sustains damage in the receiving State or if any article forming part of the cargo of a wrecked vessel of the sending, receiving or a third State, being the property of a citizen of the sending State, is found on the coast or in the internal or territorial waters of the receiving State as an article swept ashore or is brought into a port of that state, the competent authorities of the receiving State shall as soon as possible notify the appropriate consular post accordingly. They shall also inform it of measures already taken for the preservation of the lives of persons on board the vessel, of the vessel, of the cargo and other property on board and of articles belonging to the vessel, or forming part of her cargo, which have become separated from the vessel.

2. The consular officer may render every assistance to the vessel of the sending State her passengers and members of her crew. For this purpose he may approach the competent authorities of the receiving State for assistance. He may take the measures referred to in paragraph 1 of this Article as also measures for the repair of the vessel, or may request the competent authorities of the receiving State to take, or continue to take, such measures.

3. No customs duties shall be levied against a wrecked vessel, its cargo or stores, in the territory of the receiving State, unless they are delivered for use in that State.

4. If the master or the owner or the underwriter of the vessel or other person who represents the interests of a vessel described in paragraph 1 is unable to make necessary arrangements on his behalf, a consular officer may under similar circumstances take appropriate steps with regard to cargo and other property owned by the sending State or the citizens thereof, which belongs to a wrecked or damaged vessel which is registered in a State other than the sending State, except when the vessel is under the flag of the receiving State.

5. With respect to the action taken by the consular officer as contemplated in paragraph 4, he alone will be liable to the master of the vessel, the owner or the underwriter, for any claim which may be made by them. No liability shall lie on the receiving State for acts or commissions of the consular officer.

Article 39

Articles 36 to 38 shall apply mutatis mutandis also to aircraft.

Article 40

A consular post shall be entitled to levy in the receiving State the fees and charges for the performance of consular services prescribed under the laws and regulations of the sending State.

SECTION V
FINAL PROVISIONS

Article 41

1. This Convention shall be subject to ratification and shall enter into force on the day of the exchange of instruments of ratification which shall take place in Prague.

This Convention shall remain in force until the expiry of six months from the date on which one of the Contracting Parties shall have given to the other Contracting Party a written notice of its intention to terminate the Convention.

IN WITNESS WHEREOF, the respective plenipotentiaries of the two Contracting Parties have signed this Convention and affixed thereto their seals.

DONE in duplicate at New Delhi this 4th day of December 1974 in the Czech, Hindi and English languages, all texts being equally authentic.

Sd/-
For the Republic of India

Sd/-
For the Czechoslovak Socialist Republic