The appointment of consular officers

Consular Officers, Consular Employees and Members of the Service Staff

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Consular officers are persons designated as such and responsible for the exercise of consular functions. They hold the rank of Consul-General, Consul or Vice-Consul and are divided into two categories:

(a) career consular officers who are full-time servants of their government and are appointed by their Head of State or Foreign Minister;

(b) honorary consular officers who are non-career officials for whom consular functions are usually a part-time occupation.

Career officers may not normally carry on for personal profit any professional or commercial activity in the host state, and should in principle have the nationality of the country they serve; the appointment of a national of the host state may only be made with that government’s permission which may be withdrawn at any time. An honorary consular officer, on the other hand, though often a national of the country whose interest he serves, need not necessarily be so.

Consular employees are members of a consular staff who are not responsible for the exercise of consular functions but who are employed in an administrative or technical capacity.

Members of the service staff are those employed as chauffeurs, cleaners, domestics, etc. Persons falling within these categories are usually local residents.

Consular agents and pro-consuls are appointed by certain states but there is no standard definition of the terms. Generally they refer to consular employees with limited responsibilities ranking below vice-consul, but their precise status and function very considerably in different states.

It is traditional practice for the head of a consular post to be provided by his government with a written authority in respect of each appointment showing his full name, consular rank, consular district and post. This document (a Commission)is sent through diplomatic channels to the host government who, if they have no objection, issue a corresponding document (an Exequatur)authorizing the appointment. In the rare event of its declining to issue an Exequatur, a government need give no reasons for its action. A similar procedure is normally adopted in respect of officers appointed to the consular staff; but, alternatively, a simple notification of relevant details in advance may be acceptable, and the granting of formal Exequaturs, though customary, is not obligatory.

The UK practice follows the Vienna Convention on Consular Relations, Article 12(1), whereby ‘the Head of a Consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur whatever the form of this authorization’. Pending the arrival of the officer’s Commission, and on notification from the sending mission, the officer is granted the Secretary of State's Exequatur, thus enabling him to perform consular functions (Article 12(3)). If and when the officer's Commission is sent, the Queen's Exequatur is issued. This arrangement also applies to all officers performing consular functions.

On arrival at his post, the head of a consular post informs the Dean of the Consular Corps accordingly, and makes calls on the local authorities and on the other heads of consular posts.

As soon as a head of a consular post is admitted to his functions, and even though the formalities of his appointment may not have been completed, the host government notifies the official authorities in the consular district concerned and ensures that all necessary facilities are provided for him to carry out his functions. Customs and immigrations authorities are also advised of the arrival and departure of a consular officer and members of his family so that appropriate arrangements can be made.

In the absence of the head of a consular post (whether through illness, or the post falling temporarily vacant) the position may be held provisionally by a diplomatic agent or consular officer or, if the host state has no objection, by some other person. In any event the name of the acting head of post must be furnished to the host government, advance notification usually being required.

A consular officer may at any time and without explanation be declared persona non grata. In this event he is recalled by his government; failing which his Exequatur is cancelled and he ceases to be considered a consular officer.

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