Consular Functions

Consular functions are described in general terms in the 1963 Vienna Convention on Consular Relations as follows:

(a) protecting in the receiving state the interests of the sending state and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

(b) furthering the development of commercial, economic, cultural and scientific relations between the sending state and the receiving state and otherwise promoting friendly relations between them in accordance with the provisions of the Convention;

(c) ascertaining, by all lawful means, conditions and developments in the commercial, economic, cultural and scientific life of the receiving state, reporting thereon to the Government of the sending state and giving information to persons interested;

(d) issuing passports and travel documents to nationals of the sending state, and visas or appropriate documents to persons wishing to travel to the sending state;

(c) helping and assisting nationals, both individuals and bodies corporate, of the sending state;

(f) acting as notary and civil registrar and in capacities of a similar kind and performing certain functions of an administrative nature provided that there is nothing contrary thereto in the laws and regulations of the receiving state;

g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending state in cases of succession mortis causa in the territory of the receiving state, in accordance with the laws and regulations of the receiving state;

(h) safeguarding, within the limits imposed by the laws and regulations of the receiving state, the interests of minors and other persons lacking full capacity who are nationals of the sending state, particularly where any guardianship or trusteeship is required with respect to such persons;

(i) subject to the practices and procedures in force in the receiving state, representing or arranging appropriate representation for nationals of the sending state before the tribunals and other authorities of the receiving state, for the purpose of obtaining, inaccordance with the laws and regulations of the receiving state, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;

(j) transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending state in accordance with international agreements in force or, in the absence of such agreements, in any other manner compatible with the laws and regulations of the receiving state;

(k) exercising rights of supervision and inspection provided for in the laws and regulations of the sending state in respect of vessels having the nationality of the sending state, and of aircraft registered in the state, and in respect of their crews;

(l) extending assistance to vessels and aircraft mentioned in (k) above and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship’s papers, and without prejudice to the powers of the authorities of the receiving state, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between themaster, the officers and the seamen in so far as this may be authorized by the laws and regulations of the sending state;

(m)performing any other functions entrusted to a consular post by the sending state which are not prohibited by the laws and regulations of the receiving state or to which no objection is taken by the receiving state or which are referred to in the international agreements in force between the sending state and the receiving state.

These functions may, with the consent of all governments concerned, be exercised by a consular officer on behalf of a third state. It will be noted that in a substantial number of cases the right to act is not absolute, but dependent on the law of the receiving state. Also, despite the quasi-legal nature of many of his functions, a consul is not a substitute for a lawyer or other specialist. More detailed provisions are included in many bilateral conventions, and a comprehensive outline of consult functions may be found in the Council of Europe, European Convention on Consular Functions.

A consular officer whose government has no diplomatic representative in the state in which he is serving and is not represented diplomatically by a third state may, with the authority of his host state and without affecting his consular status, be authorized to perform certain diplomatic acts, including the representation of his state at intergovernmental organizations.

Ex.2 The split sentences describe the consular functions. Join the first half of each sentence with the appropriate second half without referring to the text:

1. helping and assisting nationals…

2. performing any other functions entrusted to a consular post by the sending state which are not prohibited by the laws and regulations of the receiving state or to which no objection is taken…

3. exercising rights of supervision and inspection provided for in the laws and regulations of the sending state in respect of…

4. protecting in the receiving state the interests of the sending state and of its nationals, both individuals and bodies corporate,…

5. subject to the practices and procedures in force in the receiving state, representing or arranging representation for nationals of the sending state before the tribunals and other authorities of the receiving state for the purpose of obtaining in accordance with the laws and regulations of the receiving state,…

6. furthering the development of commercial, economic, cultural and scientific relations between the sending state ad the receiving state and otherwise promoting…

7. transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for courts of the sending state in accordance with international agreements on force or,…

8. ascertaining by all lawful means, conditions and developments in the commercial, economic, cultural and scientific life of the receiving state reporting…

9. acting as notary and civil registrar and in capacities of a similar kind and performing certain functions of an administrative nature…

10. safeguarding, within the limits imposed by the laws and regulations of the receiving state, the interests of minors and other persons lacking full capacity…

11. issuing passports and travel documents to nationals of the sending state,…

12. safeguarding the interests of nationals, both individuals and bodies corporate, of the sending state in cases…

13. extending assistance to vessels and aircraft and to their crews, taking statements regarding the voyage if a vessel, examining and stamping the ship’s papers, and without prejudice to the powers of the authorities of the receiving state, conducting investigations into any incidents…

a) which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen in so far as this may be authorized by the laws and regulations of the sending state;

b) who are nationals of the sending state, particularly where any guardianship or trusteeship is required with respect to such persons;

c) within the limits permitted by international law;

d) provided that there is nothing contrary to in the laws and regulations of the receiving state;

e) friendly relations between them in accordance with the provisions of the Convention;

f) of succession mortis causa in the territory of the receiving state, in accordance with the laws and regulations of the receiving state;

g) thereonto the Government of the sending state and giving information to persons interested;

h) by the receiving state or which are referred to in the international agreements in force between the sending state and the receiving state;

i) visas or appropriate documents to persons wishing to travel to the sending state;

j) provisional measures for the preservation of rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defense of their rights and interests;

k) both individuals and bodies corporate, of the sending state;

l) in the absence of such agreements, in any other manner compatible with the laws and regulations of the receiving state;

m) vessels having nationality of the sending state, and of aircraft registered in the state, and in respect of their crews.

Дата добавления: 2014-12-27