Relating to the consular post

Career consular officers and posts headed by them

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Privileges, facilities and immunities

Severance of consular relations

In the event of consular relations being broken off, the consular premises, property and archives must be respected and protected by the host state; and the business of the consulate, together with the property and archives, may be entrusted by the appointing state to a third state acceptable to the host state.

The Vienna Convention on Consular Relations was drawn up in 1963 with the aim of providing the basis for a uniform practice in respect of consular privileges and immunities; but many states with wide consular interests have preferred to conclude bilateral agreements to match their particular requirements, and these usually accord a more liberal scale of privileges, though not usually of immunities. Some states such as the United Kingdom are parties both to the Vienna Convention and to prior and subsequent bilateral Conventions. In case of any conflict they apply the more generous treatment in matters of privileges and immunities, on being assured of reciprocity. Nevertheless the advantages of a standard practice are self-evident.

Ex. 1Answer the questions based on the reading:

1. What are the ranks and categories of consular officers?

2. What should be noted concerning nationality of career officers and honorary officers?

3. What are consular employees responsible for?

4. What do members of the service staff do?

5. What kind of category is consular agents and pro-consuls?

6. What document is called a Commission and an Exequatur?

7. When is the head of a consular post admitted to exercise his functions in the UK?

8. What does the head of a consular post do on arrival at the post?

9. What should be done on the part of the host government, customs and immigration authorities as soon as a head of a consular post is admitted to his functions?

10. Who fulfils the functions of a head of a consular post in his absence?

11. Can a consular officer be declared persona non grata?

12. What happens in case of severance of consular relations?

13. When was the basis for a uniform practice in respect of consular privileges and immunities provided? Do all states follow it?

The facilities granted by the host state to a consular post are those necessary to ensure the effective fulfillment of its function: the premises used exclusively for consular purposes are (with minor exceptions such as an emergency requiring prompt action on the premises) inviolable and may not be entered except with the permission of the head of the consular post or the head of the diplomatic mission of the country concerned; the host state is obliged, where necessary, to help in the finding of suitable premises for the consular post (and accommodation for staff) and to ensure that all appropriate steps are taken to protect the premises from damage or insult; the consular archives and official correspondence are inviolable; there is freedom of movement for members of the post (save in generally restricted zones) and freedom and inviolability of communication by bag and other recognized means, although wireless transmitters may be used only with the permission of the host government; furthermore the host government may ask for a bag to be opened if it has serious reason to believe that its contents are unauthorized (if, however, the sending state refuses to do this the bag shall be returned to its place of origin); and the head of post has the right to fly his national flag and display his national coat of arms on his premises and residence, and fly his flag on his car, boat or aircraft when on official business.

The consular premises, including the residence of the head of the post but not those of other members of the staff, are not directly liable to taxation (though this exemption does not apply to the vendor or lessor of the premises if he is liable under the law), but charges for services, e.g. refuse collection, must be met.

In addition, consular fees and charges may be levied for services rendered, e.g. the granting of visas, certification of documents; these are exempt from all dues and taxes in the host state.

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