On ratification of the Consular Convention between the Republic of Kazakhstan and the Republic of Belarus

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Law of the Republic of Kazakhstan dated December 2, 1997 No. 193

Approve the Consular Convention between the Republic of Kazakhstan and the Republic of Belarus, signed in Minsk on January 17, 1996.

President Of The Republic Of Kazakhstan

Consular Convention between the Republic of Kazakhstan and the Republic of Belarus

(Bulletin of international treaties of the Republic of Kazakhstan, 1999, No. 4, Article 80) (entered into force on July 31, 1998 - "Bulletin of diplomacy", Special Issue No. 2, September 2000, page 69)

The Republic of Kazakhstan and the Republic of Belarus, hereinafter referred to as the "Contracting Parties"; in the interests of further strengthening friendly relations and cooperation between the two states; guided by the intention to regulate consular relations between them; decided to conclude this Consular Convention and agreed on the following:

ARTICLE 1 DEFINITIONS

The following terms in this convention mean: (a)" the state in which the representative office is located, the state in which the consulate is located "means the Republic of Kazakhstan and the Republic of Belarus, respectively, depending on the context; (B) "consular institution" means any Consulate General, Consulate, vice-consulate or consular agency; (c) "consular district" means the district of the state in which the consular office is located, allocated to the Consular Office for the performance of consular activities; d)" head of consular office " - means a person who is assigned to work in this quality by the state sending the representative office; e)" person of consular service " - means any person, including the head of the consular office, who is assigned to perform consular services in this quality; f)" consular officer " -means any person who is not a person of Consular Service, performing administrative or technical duties in the consular office; g)" servant of service personnel "means any person performing duties for the provision of services to the consular institution; h)" servants of the consular office "means persons of the consular service, consular employees and servants of the service personnel; i)" family member "means wife (lips), children of the consular office employees, parents, their dependents and other persons sleeping with them; j) "personal domestic servant" means any person who is only in the personal service of the consular office employee; k) "consular premises" - means a house or part of the house used only for the purposes of the consular office and a land plot that serves these houses or part of the houses, including the residence of the head of the consular office, no matter who owns the ownership of them; l) " consular archives "-means all papers, documents, correspondence, books, films, audio tapes and registers of the consular institution, together with ciphers and codes, card files and any equipment suitable for their storage; m)" ship of the state that sent the representative " - means any ship that, in accordance with the state law that sent the representative, has the right to sail under the flag of this state, with the exception of Warships; n)" aircraft of the state that sent the representative office " - means any aircraft with the exception of military aircraft with signs of recognition of the state that sent the representative office.

PART I. OPENING OF CONSULAR INSTITUTIONS, APPOINTMENT OF EMPLOYEES OF CONSULAR INSTITUTIONS ARTICLE 2 OPENING OF A CONSULAR INSTITUTION

1.A Consular Office may be opened on the territory of the state in which it is located only with the consent of this state. 2.the location of the Consular institution, its class and the consular district are determined by agreement between the state sending the representative office and the state in which the consulate is located. If there is a difference of opinion on the issue of the number of employees of the consular office, this issue is resolved by agreement between the state that sent the representative office and the state in which the consular office is located. 3. Further changes in the location of the consular office, its class or consular district may be carried out by the state sending the representative office only with the consent of the state in which the consular office is located. 4.prior express consent of the state in which the consulate is located is also required to open an office outside the location of the latter, which is part of the existing consular office.

ARTICLE 3 APPOINTMENT OF THE HEAD OF THE CONSULAR OFFICE AND PERMISSION FOR HIM TO PERFORM HIS DUTIES

1.prior to the appointment of the head of the Consular institution, the state to which the representative is sent must obtain the consent of the state in which the consulate is located, diplomatic or otherwise through the appropriate channels, depending on the person being represented. 2. After receiving the consent of the state in which the consular office is located, the sending state sends a document in the form of a patent or similar certificate to the Ministry of foreign affairs of the state in which the consular office is located, which is drawn up at each appointment, certifying the powers of the head of the consular office, his full name, surname, position, the consular district where he performs his duties, and the location of the consular office. 3. After receiving a consular patent or similar certificate of appointment by the state in which the consulate is located, the head of the consular institution is allowed to perform his duties with a so-called exequature from the state in which the consulate is located, no matter what form such permission is. The state in which the consulate is located issues the exequature as soon as possible and free of charge. 4.the head of the Consular institution may begin to perform his / her duties upon receiving written confirmation from the state in which the consulate is located. Before receiving confirmation, the head of the consular institution, with the consent of the state in which the consulate is located, continues to temporarily perform his duties. 5.after the state in which the consulate is located confirms the appointment of the head of the consular institution or grants him a residence permit to temporarily perform his duties, he must immediately declare this to the competent authorities of the district and take all necessary measures so that the head of the consular institution can continue to perform his duties and enjoy the privileges and immunities provided for by this convention. 6. If the state in which the consulate is located does not give its consent to appoint any person as the head of the consular office, it is not obliged to inform the reasons for its such refusal.

ARTICLE 4 TEMPORARY PERFORMANCE OF DUTIES OF THE HEAD OF THE CONSULAR OFFICE

1.if the head of the consular institution for any reason is unable to fulfill his duties or if the position of the head of the consular institution is temporarily vacant, the state sending the representative office may authorize the person of the consular service of this or that consular institution in the state where the consular office is located, or one of the members of the diplomatic staff of its diplomatic mission in the state where the consular office is located. The full name, surname, position and rank of this person are notified to the Ministry of foreign affairs of the state where the consular office is located in advance. 2.a person who has received the authority to temporarily perform the duties of the head of a consular institution shall also be granted the privileges and immunities granted to the head of a consular institution under this convention during his stay in this capacity. 3. The appointment of a member of the diplomatic mission of the state to which he / she has sent his / her representation as the executor of the duties of the head of the consular office in accordance with paragraph 1 of this article shall not infringe on his / her privileges and immunities granted in accordance with his / her diplomatic status.

ARTICLE 5 NOTIFICATION OF CONSULAR SERVICE PERSONS ABOUT APPOINTMENTS, ARRIVALS AND DEPARTURES TO THE STATE WHERE THE CONSULATE IS LOCATED

1.the state sending the representative office shall declare in writing to the state where the consulate is located in advance: a) the surname, first name, citizenship, rank, position of the employees of the consular office, on the date of their arrival, final departure or termination of their activities, as well as on any change in their status during the period of work in the consular office; b) the surname, first name, citizenship, date of arrival and final departure of family members of the employees of the consular office, as well as on the fact that this or that person will or will not be such a member of the family. 2.the competent authorities of the state in which the consulate is located shall issue a free certificate to employees of the consular institution and their family members in accordance with the procedure established in this state, with the exception of those who are citizens of the state in which the consulate is located or permanently residing in it.

ARTICLE 6 CITIZENSHIP OF PERSONS OF THE CONSULAR SERVICE

A person of the consular service must be a citizen of the state to which the representative office was sent.

ARTICLE 7" PERSONA NON GRATA " OR PERSONS DEEMED UNACCEPTABLE

1.the state in which the Consular Office is located May at any time inform the state to which the representative office is sent by diplomatic means, without being obliged to inform the reasons for its decision, that these or other employees of the Consular Office are "persona non grata" or unacceptable. In this case, the state that sent the representative office must recall the relevant employee of the consular office or terminate his activities in the consular office. 2. If the state sending the representative office does not fulfill its obligations within a reasonable period, the state in which the consulate is located may, accordingly, cancel the exequature of this person or refuse to recognize such a person as an employee of the consular office.

PART II. CONSULAR DUTIES ARTICLE 8 CONSULAR DUTIES

Consular duties include: a) protection of the rights and interests of the state, its citizens and legal entities that sent the representative office in the state where the consulate is located in accordance with the norms of international law; b) assistance in the development of relations between the state that sent the representative office and the state where the consulate is located in trade, economic, cultural, sports, scientific, technical, tourist and other spheres; (C) to determine by all legal means in the political, trade, economic, cultural, sports, scientific and technical and other spheres of the state in which the consulate is located, and to inform the government of the state that has sent the representative office about this; (d) to perform other duties that are not prohibited by the laws, regulations of the state in which the consulate is located, or their implementation is not opposed by the state in which the consulate is located.

ARTICLE 9 OBLIGATIONS ON CIVIL AND CIVIL STATUS ISSUES

1.a person of the Consular Service has the right: A) to keep records of citizens of the state to which he / she has sent the representative office; b) to accept any applications on citizenship issues of the state to which he / she has sent the representative office; c) to register the birth and death of citizens of the state to which he / she has sent the representative office and to issue the relevant documents; d) to register the conclusion and dissolution of marriages between citizens of the state to which he / she has sent the representative office and to issue the relevant documents. 2. A person of the consular service informs the competent authorities of the state where the consulate is located about the registration of birth and death, conclusion and dissolution of marriages, if this is required by the law of the state where the consulate is located. 3.the provisions of Paragraph 1 of this article do not relieve persons of their interests from the obligation to comply with the laws and regulations of the state in which the consulate is located.

ARTICLE 10 DUTIES ON PASSPORTS AND VISAS

A person of the consular service has the right to: a) issue, cancel, extend the validity period of passports and similar documents to citizens of the state that sent the representative office, make the necessary marks on them; b) issue, extend, cancel visas to persons wishing to visit or travel through the state that sent the representative office, as well as make changes and additions to them.

ARTICLE 11 REGISTRATION AND REGISTRATION

1. a person of consular service in accordance with the laws and regulations of the state of sending the representative office shall: A) at the request of any person, independent of his citizenship, provide him with various documents for use in the state of sending the representative office; b) at the request of citizens of the state of sending the representative office, provide them with various documents for use in the state of; d) to formalize, certify the authenticity of copies, translations and extracts of documents issued by the authorities of the state or the state in which the consulate is located; e) to accept, draw up and certify the applications of citizens of the state that sent the representative; f) to certify the signatures of citizens of the state that sent the representative in various documents; g) to draw up, certify and accept for storage the wills of citizens of the state that sent the representative; h) to draw up and certify acts and agreements between citizens of the state to which the representation is sent, since such acts and agreements do not contradict the laws of the state in which the consulate is located and are not related to the establishment and transfer of rights to immovable property; to draw up and certify acts and agreements between citizens of the state that sent the representation, on the one hand, and citizens of other states, on the other, since these acts and agreements relate only to property or rights in the state that sent the representation, and to cases subject to consideration in this state, provided that these acts and agreements do not contradict the laws of the state in which the consulate is located; (I) the right to accept for storage the property and documents of citizens of the state to which the representative office is sent, since this does not contradict the laws of the state in which the consulate is located. 2.documents drawn up, issued, certified or translated by a person of the consular service in accordance with paragraph 1 of this article shall be considered as legally binding documents, provided that they comply with the laws of the state in which the consulate is located, as well as documents issued, certified or translated by the competent authorities and institutions of that state in the state where the consulate is located.

ARTICLE 12 STATEMENT OF DETENTION, ARREST AND STAY

1.if a citizen of the state sending a representative office is arrested, detained or otherwise sentenced to imprisonment within the consular district, he shall declare this to the consular office within four days after the presence of the competent authorities of the state in which the consulate is located. 2.a person of the Consular Service has the right to visit, contact, meet and provide legal assistance to a citizen of the state to whom the representative office has been sent, who has been arrested, detained or otherwise deprived of freedom. The competent authorities of the state in which the consulate is located should organize, as soon as possible, a meeting of a person of the consular service with a citizen of the state to which the representative is sent, but not later than three days from the date of submission of the application. Further visits can be carried out in a reasonable interval of time. 3.the competent authorities of the state in which the consulate is located must immediately inform the arrested, detained or otherwise deprived of freedom of the state in which the representative office is sent about the provisions of Paragraphs 1 and 2 of this article. 4.the rights provided for in this article shall be exercised in accordance with the laws and regulations of the state in which the consulate is located. However, the application of the laws and regulations of the state in which the consulate is located should not restrict the exercise of the rights provided for in art.

ARTICLE 13 PROVISION OF ASSISTANCE TO CITIZENS OF THE STATE TO WHICH THE REPRESENTATIVE OFFICE HAS BEEN SENT

A person of the consular service has the right: A) to meet and communicate with citizens of the state to which he / she has sent his / her representation, to advise them and to provide comprehensive assistance, including taking measures to provide legal assistance. The state in which the consulate is located does not in any way limit the access of citizens of the state to which the representative office is sent to the consular office and their access to the consular office; (B) request assistance from the competent authorities of the state where the consulate is located in the search for citizens of the state who are permanently residing or temporarily residing in the territory of this state, who have sent a missing representative office; (c) get acquainted with the life and working conditions of citizens of the state who have sent a representative office in the state where the consulate is located and provide him with the necessary assistance; (d) request the provision of information to the competent authorities of the state in which the consulate is located in respect of any citizen of the state who sent the representative, and these bodies must create all possible opportunities for the provision of such information; (e) accept documents, funds and valuables of any citizen of the state sending the representative for temporary storage, if this does not contradict the laws and regulations of the state in which the consulate is located; (f) if a citizen of the state to which the representative is sent cannot exercise the protection of his rights and interests in the state where the consulate is located, due to his absence in the state where the consulate is located, or for other reasons, the person of the consular service, without a special power of attorney, represents on behalf of this citizen in the courts and other bodies of the state where the consulate is located, or provides him with appropriate representation until this citizen appoints his authorized persons or protects his rights and interests himself.

ARTICLE 14 GUARDIANSHIP AND INTERCESSION

1.the competent authorities of the state in which the consulate is located, if they have information, declare to the person of the consular service the appointment of a guardian or intercessor for a citizen of the state who sent a representative permanently residing in the territory of the Consular State. 2.The Person of the Consular Service shall act jointly with the competent authorities of the state in which the consulate is located on the issue referred to in Paragraph 1 of this article and, if necessary, represent the person to perform the duties of the guardian or intercessor in accordance with the laws and regulations of the state in which the consulate is located. 3.if the court or other competent authorities of the state in which the consulate is located find the nominated person unacceptable as a guardian or intercessor for any reason, then the person of the consular service may nominate another candidate.

ARTICLE 15 STATEMENT OF DEATH

1.in the event of death in the state where the consulate is located, the competent authorities of the state where the consulate is located shall notify the consular office as soon as possible and, at its request, issue him a certificate or other documents proving his death. 2.if the person of the consular service has previously learned about the death of a citizen of the state sending the representative office in the state where the consulate is located, he / she shall notify the competent authorities of the state in which the consulate is located.

ARTICLE 16 MEASURES FOR THE PROTECTION OF INHERITED PROPERTY

1.if a deceased citizen of the state sending the representative office leaves an inheritance in the state where the consulate is located, then the competent authorities of the state in which the consulate is located, as soon as possible, inform the consular office about the composition of the inherited property, heirs, persons for whom the deceased was not granted the right of inheritance, as well as about the existence of a will. 2.a person of the Consular Service may request the consent of the competent authorities of the state in which the consulate is located to participate in the compilation and compilation of the list of inherited property specified in Paragraph 1 of this article. 3. If any citizen of the state that sent the representative office receives the right to own or receive the property of a deceased person of any nationality in the state where the consulate is located, then the competent authorities of the state where the consulate is located must inform the consular office, even if this citizen is traveling outside the state where the consulate is located. 4. A person of the consular service May, on behalf of a citizen of the state to which the representative is sent, accept money or other property, including inheritance, payment of compensation and amounts due for security, which must be transferred to this citizen as a result of the death of any person from the courts, other bodies or a private person, if such a citizen is absent in the state where the consulate is located, and transfer this money and property to this citizen. 5. In case of death of a citizen temporarily staying in the state where the consulate is located, as well as if the deceased does not have relatives or representatives in the state where the consulate is located, and in addition, the items left by him are not related to the obligations assumed by the deceased in the state where the consulate is located, the person of the consular service has the right to pick up, store and transfer the items left by the person of the consular service to the appropriate place. 6. When performing the functions specified in paragraphs 3, 4 and 5 of this article, a person of the consular service is obliged to follow the laws and regulations of the state in which the consulate is located.

ARTICLE 17 PROVIDING ASSISTANCE TO THE AIRCRAFT OF THE STATE SENDING THE REPRESENTATIVE OFFICE

1.a person of the Consular Service has the right to exercise within its consular district the right of control and inspection provided for by the laws and regulations of the state to which the representative office of the state at the airport or airspace of the state to which the consulate is located, as well as in respect of their crew members. 2. A person of the consular service shall provide assistance to the aircraft of the state to which the representative office is located, as well as to its crew members, who are at the airport or airspace of the state to which the consulate is located, within the limits of his consular district, as well as to: a) communicate with the commander of the aircraft of the state to which the representative office is located; (b) investigate the events that occurred during the flight of the aircraft or during its stay at the airport of the state to which the consulate is located, without prejudice to the rights of the competent authorities of the state in which the consulate is located, interrogate the commander and crew members, check the documents of the aircraft; listen to the commander's report on the aircraft, its departure and destination, as well as provide the necessary assistance to the aircraft during takeoff, landing and stay at the airport; (c) resolve any type of dispute between the commander and crew members in accordance with the laws of the state that sent the representation, the rights of which have not been infringed by the competent authorities of the state in which the consulate is located; (d) ensure, if necessary, hospital treatment or return of the aircraft commander or crew members; (e) ; (f) perform other actions in respect of the aircraft, which are assigned by the competent authorities of the sending state and do not contradict the laws and regulations of the state in which the consulate is located. 3.a person of the Consular Service may request assistance from the competent authorities of the state in which the consulate is located in the performance of the functions provided for by the provisions of this article.

ARTICLE 18 PROTECTION AGAINST COERCIVE MEASURES CARRIED OUT IN RELATION TO THE AIRCRAFT OF THE STATE THAT SENT THE REPRESENTATION

1.if the courts or other competent authorities of the state in which the consulate is located have provided for an official investigation in the implementation of coercive measures against the aircraft of the state to which the representative is sent, or on board it, they shall declare this to the consular office earlier in the day so that a person of the consular service or his representative may participate in the implementation of such measures. If the application to the consular office is not possible due to the urgency of the issue due to time constraints, the competent authorities of the state in which the consulate is located immediately notify the Consular Office of the activities carried out and, at the request of the consular service person, provide detailed information on their activities in a short time. 2.the provisions of Paragraph 1 of this article shall not apply to emergency, border, customs and sanitary control, as well as security measures carried out by the competent authorities of the state in which the consulate is located. 3. The competent authorities of the state in which the consulate is located may not interfere in the internal affairs of the aircraft of the state sending the representative office, if the aircraft, its crew members and passengers of the state sending the representative office have not violated the peace, safety and Public Order of the state in which the consulate is located, except in cases when this representative office is concluded at the request of the commander of the aircraft of the state sending the representative office or with their consent.

ARTICLE 19 PROVISION OF ASSISTANCE TO CRASHED AIRCRAFT OF THE STATE SENDING THE REPRESENTATIVE OFFICE

1. If a ship of a state sending a representative has an accident on the territory of the state in which the consulate is located, or it becomes known to the competent authorities of the state in which the consulate is located that there are citizens of the state sending a representative office and their property on board the aircraft of a third state in which the consulate is located, then the competent authorities of the state in which the consulate is located shall notify the consular office as soon as possible, , at the same time declares about the measures taken to save their property. 2.a person of the consular service of the state to whom the ship has sent a representative in distress may also seek assistance from the competent authorities of the state in which the consulate is located. 3. If a crashed aircraft, its equipment or cargo is found on the territory of the state where the consulate is located or the state that sent its representative office on the territory of the third state, and there is no commander of the aircraft, the owner of the ship, its representative or security agent, or they cannot take measures to preserve or dispose of this property, then the person of the consular service has the right to take measures to preserve or dispose of the aircraft and property on their behalf. 4. If the aircraft, its equipment and cargo of the state sending the representative office specified in Paragraphs 1, 2 and 3 of this article are not imported for sale or use in the state where the consulate is located, then the state in which the consulate is located does not impose customs duties on them or charge other similar fees.

ARTICLE 20 DUTIES RELATING TO THE SHIP OF THE STATE TO WHICH THE REPRESENTATION IS SENT

Articles 17, 18, 19 of this convention also apply to civil sea and river vessels, provided that they do not contradict any international agreements on the civil fleet to which both states are parties.

ARTICLE 21 ISSUANCE OF COURT DOCUMENTS AND EXECUTION OF COURT ORDERS

A person of the consular service has the right to submit judicial and non-judicial documents in accordance with applicable international agreements or in the absence of such agreements in any other manner that does not contradict the laws and regulations of the state in which the consulate is located, or to perform judicial orders or instructions to remove evidence for the courts of the state in which the representative office is located.

ARTICLE 22 PERFORMANCE OF CONSULAR SERVICES IN THE CONSULAR DISTRICT AND BEYOND

A person of the consular service may perform consular duties only in his / her consular district. By agreement of the state in which the consulate is located, it can perform consular duties as well as outside the consular district.

ARTICLE 23 RELATIONS WITH THE BODIES OF THE STATE IN WHICH THE CONSULATE IS LOCATED

In the performance of his duties, a person of the consular service may apply to the competent authorities of the consular district, as well as to the competent central authorities of the state in which the consulate is located, to the extent permitted by the laws, rules and customs of this state.

ARTICLE 24 PERFORMANCE OF CONSULAR DUTIES TO A THIRD STATE

After written notification from the state where the consulate is located and from a third state, the sending state may entrust the execution of the consular duty in a third state to the Consular Office registered in the state where the consulate is located, unless expressly objected to by one of these states.

ARTICLE 25 PERFORMANCE OF CONSULAR DUTIES ON BEHALF OF A THIRD STATE

After the relevant written notification of the state in which the consulate is located, the Consular Office of the sending state may perform consular duties in the state in which the consulate is located on behalf of a third state, if the state in which the consulate is located does not object to this.

PART III. PRIVILEGES AND IMMUNITIES ARTICLE 26 CREATING CONDITIONS FOR THE PERFORMANCE OF THE DUTIES OF THE CONSULAR OFFICE

1.the state in which the consulate is located must create all possible opportunities for the fruitful performance of the duties of consular institutions. 2.the state in which the consulate is located is obliged to treat the employees of the consular office with due respect and take all appropriate measures so that the employees of the consular office can effectively perform their duties and enjoy privileges and immunities in accordance with the provisions of this convention.

ARTICLE 27 CONSULATE AND RESIDENTIAL BUILDINGS

1. the state or its representatives, sending a representative office, on the basis of their own position in accordance with the laws of the state in which the consulate is located, shall: a) purchase or lease the building or part of the buildings in their personal ownership as a house of the consular office, the residence of the head of the consular office and housing for employees of; c) transfer of ownership or right of use to a third party. 2.the state in which the consulate is located shall assist the state sending the representative office in obtaining a consular house in accordance with the provisions of Paragraph 1 of this article and, if necessary, assist the state sending the representative office in obtaining suitable housing for employees of the consular office.

ARTICLE 28 USE OF THE NATIONAL FLAG AND COAT OF ARMS

1.the state sending the representative office has the right to attach its national flag in the House of the consular office and a plaque with the name of the consular office in the languages of the state sending the representative office and the state in which the consulate is located. 2.the state sending the representative office has the right to place its national flag on the House of the consular office, the residence of the head of the consular office and vehicles used by him in the performance of his duties.

ARTICLE 29 INVIOLABILITY OF CONSULAR HOUSES AND RESIDENTIAL PREMISES OF EMPLOYEES OF THE CONSULAR OFFICE

1.it is not allowed to touch consular offices and residential premises of employees of the consular office. Places of power of the state in which the consulate is located may not enter the consular House and residential premises of employees of the consular office without the consent of the head of the consular office in the state in which the consulate is located, or the head of the diplomatic mission or a person appointed by one of them. 2. The state in which the consulate is located is obliged to take all necessary measures to protect the consular premises of the consular office from any intrusion or restriction of harm by employees of the consular office and to prevent violations of the peace of any consular office or abuse of its properties. 3.consular houses, their premises, property of the consular institution, as well as its vehicles are used for the purposes of state protection and public order with immunity against any form of requisition. If it is necessary to deprive the right of ownership of houses for the above purposes, all possible measures are taken to prevent violations of the performance of consular duties, and the state that sent the representative office is promptly paid appropriate and effective compensation.

ARTICLE 30 INVIOLABILITY OF THE CONSULAR ARCHIVE AND DOCUMENTS

It is not allowed to touch the consular archive and documents at any time and wherever they are located.

ARTICLE 31 FREEDOM OF MOVEMENT

The state in which the consulate is located must ensure the freedom of movement and travel of all employees of the consular office on its territory, so as not to contradict the laws and regulations of the regions in which this state is prohibited from entering for security reasons or the procedure for entry is regulated; the state in which the consulate is located must ensure the freedom of movement and travel of all employees of the consular office on its territory.

ARTICLE 32 FREEDOM OF COMMUNICATION

1.the state in which the consulate is located must allow and protect the freedom of relations of the consular institution for all official purposes. When communicating with the authorities, diplomatic missions, as well as other consular offices of the state that sent the representative office, the consular office may use all valid means of communication, including coded and encrypted messages, diplomatic or consular couriers, diplomatic or consular valises. When using simple means of communication, the same tariffs apply to the consular office as to the diplomatic mission. The consular office may install and use the radio transmitter only with the consent of the state in which the consulate is located. 2.do not touch the official correspondence of the Consular Office. Official correspondence is understood to mean all correspondence related to the consular office and its activities. The consular valise must not be opened or detained. The consular valise must be sealed and have visible external features that express its character, and only official correspondence, documents and items intended for official use only by the consular office can be placed in it. 3.a consular courier may be only a citizen of the state sending the representative office who does not permanently reside in the state in which the consulate is located. The consular Courier is provided with an official document indicating its status and the number of places that make up the consular valise. A consular Courier enjoys the same rights, privileges and immunities as a diplomatic courier during his stay in the territory of the state where the consulate is located. 4.consular couriers may be appointed by the ad hoc by the state, its diplomatic missions and consular institutions sending the representative office. In such cases, the provisions of Paragraph 3 of this article shall apply, except that the immunities referred to in it are terminated at the moment of delivery by such courier to the appropriate place of the consular valise entrusted to him. 5. Consular valiza can be handed over to the commander of the aircraft or the captain of the ship of the state that sent the representative office. This commander or captain is provided with an official document indicating the number of places that make up the consular valise, although it is not considered a consular Courier. In agreement with the relevant authorities of the state in which the consulate is located, a person of the consular service may receive or hand over the consular valise directly and unobtrusively from the commander of the aircraft or the captain of the ship.

ARTICLE 33 CONSULAR FEES AND DUTIES

1.A Consular institution may collect fees and duties stipulated by the laws and regulations of the state that sent its representative office for drawing up consular acts on the territory of the state in which the consulate is located. 2.the amounts collected in the form of fees and duties referred to in Paragraph 1 of this article and in the receipt of collection of such fees and duties are exempt from all fees and duties in the state where the consulate is located.

ARTICLE 34 INVIOLABILITY OF THE IDENTITY OF A PERSON OF THE CONSULAR SERVICE

Consular service is used by persons without personal contact. They cannot be arrested or arrested, whether in any form. The state in which the consulate is located is obliged to take all necessary measures to prevent encroachment on their identity, freedom and honor.

ARTICLE 35 IMMUNITY AGAINST JURISDICTION

1. persons of the Consular Service shall enjoy immunity against the criminal, civil and administrative jurisdiction of the state in which the consular service is located, except for the following civil claims: a) arising from a contract concluded by a person of the consular service, which does not act directly or indirectly on behalf of the state in which the consular service is; (c) subject to immovable private property in the territory of the state in which the consulate is located, if they do not use them for consular purposes only on behalf of the state in which the consulate is located; (d) relating to their inheritance when they appear as executor of a will, guardian of the heritage property, heir or disenfranchisement of the inheritance, not on behalf of the state in which the 2. If the state in which the consulate is located takes enforcement measures in connection with the provisions set out in Paragraph 1 of this article, the identity of the person of the Consular Service and the inviolability of their housing shall not be violated. 3.employees of the Consular Office and persons of auxiliary service are not subject to the criminal, civil and administrative jurisdiction of the state in which the consulate is located in connection with their official duties, with the exception of civil claims specified in subitems (A) and (b) of Paragraph 1 of this article.

ARTICLE 36 OBLIGATION TO TESTIFY

1.employees of the Consular institution may be summoned to testify as witnesses in judicial or administrative procedures in the state where the consulate is located. Employees of the consular office or persons of the auxiliary service may not refuse to answer, except for the cases specified in Paragraph 2 of this article. If a person of the Consular Service refuses to answer, then no coercive or punitive measures can be applied to him. 2. Employees of the Consular Office are not obliged to answer on issues related to the performance of their duties or submit official correspondence and documents related to their duties. They have the right to refuse to testify as an expert on the laws of the state to which the representative is sent.3.the competent authorities of the state in which the consulate is located should not prevent this person from performing their duties, for which they need to be answered by some employee of the consular institution or a person of auxiliary service. If this is not possible, these authorities may listen to the person's response in their home or in the House of the consular office, or receive a written response from him.

ARTICLE 37 EXEMPTION FROM LABOR DUTY AND MILITARY DUTY

Employees of the consular institution are exempt from any form of duty and military duty to work and public work in the state where the consulate is located. They are also exempt from all obligations stipulated by the laws and regulations of the state in which the consulate is located in relation to the registration of foreign citizens, obtaining address permits, working in connection with the performance of work for the state in which the representative office is located, and other similar requirements provided for by the laws and regulations of the state in which the consulate is located in relation to foreign citizens.

ARTICLE 38 EXEMPTION OF THE CONSULAR OFFICE FROM TAXES AND FEES

1.the state in which the consulate is located exempts from taxes and fees: a) consular houses and dwellings of employees of the Consular Office purchased on behalf of the state or its representative office, as well as contracts and acts related to the acquisition of said property; B) movable property and vehicles legally acquired by the Consular Office for official purposes, as well as their acquisition, possession or maintenance. 2. The provisions of Paragraph 1 of this article shall not apply in respect of: a) Taxes and fees levied as payment for Special Services; b) taxes and fees levied in accordance with the laws and regulations of the state in which the consulate is located from a person who has concluded an agreement with the state or its representative who sent the representative office.

ARTICLE 39 EXEMPTION FROM TAX FOR EMPLOYEES OF THE CONSULAR OFFICE

1. employees of a consular institution are exempt from personal, property, state, district and municipal taxes and duties of the state in which the consulate is located, which do not include: a) indirect taxes, which are usually included in the cost of goods and services; b) taxes and duties on immovable private property in the territory of the state in which the consulate is located, excluding those provided for in the provisions of Paragraph 1 of Article 38 of this convention; (c) inheritance property taxes or inheritance duties or property owner exchange taxes, not including those provided for in the provisions of Article 43, paragraph 2 of this convention; (d) taxes and fees on personal income, including capital income, the source of income of which is in the state where the consulate is located, and capital finance taxes on commercial and/or financial enterprises in the state where the consulate is located; (e) fees charged for specific types of services; (f) registration, service and registry duties, mortgage fees, coat of arms fees, excluding those provided for in the provisions of Article 38 of this convention. 2.in accordance with the laws and regulations of the state in which the consulate is located, taxes and other fees from the state in which the consulate is located shall not be levied on the labor wages of employees of the Consular institution from the state in which the consulate is located, except for those who are citizens of the state in which the consulate is located. 3. In the state where the consulate is located, employees of the consular office, who have rented persons whose labor wages are not exempt from income tax, fulfill the obligations imposed on tenants by the laws and regulations of this state related to the collection of income tax.

ARTICLE 40 EXEMPTION FROM CUSTOMS DUTIES AND CUSTOMS CONTROL

1.the state in which the consulate is located permits the import and export in accordance with the laws and regulations adopted in it, and also exempts from all the following customs duties, except for fees for storage, transportation and such types of activities: a) Items for official use of the consular office, including vehicles; B) items for personal use of the Consular Service Person; c) 2. The substances specified in subparagraphs (b) and (c) of Paragraph 1 of this article shall not exceed the quantity required for direct consumption by the person concerned. 3.personal cargo of a person of the Consular Service is exempt from customs inspection. It may be checked only if the competent authorities of the state in which the consulate is located reasonably estimate all items in the cargo, except for those specified in subparagraphs B) and c) of this article, or in cases where the import and export of items prohibited by the laws and regulations of the state in which the consulate is located, or in cases subject to quarantine rules. Such an inspection must be carried out at the same place in the presence of the person of the relevant consular service or his representative.

ARTICLE 41 PRIVILEGES AND IMMUNITIES OF FAMILY MEMBERS OF EMPLOYEES OF THE CONSULAR OFFICE

Family members of consular officers shall enjoy the appropriate privileges and immunities enjoyed by the consular officer in accordance with the provisions of this convention, not counting the circumstances explained in Paragraph 2 of Article 42 of this convention.

ARTICLE 42 PERSONS WHO DO NOT ENJOY PRIVILEGES AND IMMUNITIES

1.employees of the Consular Office and service workers, if they are citizens of the state in which the consulate is located or permanently residing in it, shall not enjoy the privileges and immunities provided for by this convention, except as provided for in Paragraph 2 of Article 36. 2.family members of employees of the Consular institution shall not enjoy privileges and immunities if these persons are citizens of the state in which the consulate is located or permanently reside in it. 3. An individual domestic worker does not enjoy the privileges and immunities provided for by the provisions of this convention.

ARTICLE 43 PROPERTY INHERITED BY AN EMPLOYEE OF A CONSULAR OFFICE

In the event of the death of an employee of a consular institution or a member of his family, the state in which the consulate is located: a) permits the withdrawal of the movable property of the deceased, except for the property acquired by the specified person in the state in which the consulate is located before his death and prohibited for export; b) shall not charge any state, district or municipal inheritance taxes or inheritance fees on the movable property of the deceased person brought or acquired in the state in which the consulate is located in connection with his arrival in this state as an employee of the consular office or a member of his family.

ARTICLE 44 THE BEGINNING AND END OF CONSULAR PRIVILEGES AND IMMUNITIES

1.each employee of the Consular institution shall enjoy the privileges and immunities provided for by this convention from the moment of his entry into the territory of the state in which the consular office is located at the destination or from the moment of his / her entry into the territory of the consular institution, if he / she has already arrived in the territory of this state. 2. Family members of an employee of a consular institution shall enjoy the privileges and immunities provided for by this convention from the moment that this employee begins to enjoy their privileges and immunities, or from the moment of their entry into the territory of the state in which the consulate is located, or from the moment they become members of his family, and 3. When the duty of an employee of a consular institution is terminated, his privileges and immunities, as well as the privileges and immunities of his family members, are terminated after this person leaves the state in which the consulate is located, or after a reasonable period has elapsed to do so. 4.in the event of the death of an employee of a consular institution, his family members shall continue to use the privileges and immunities granted to them until the moment of their departure from the state where the consulate is located, or until the reasonable period for departure from the state where the consulate is located has expired.

ARTICLE 45 DENIAL OF PRIVILEGES AND IMMUNITIES

1.the state that has sent its representative office may waive the privileges and immunities enjoyed by the relevant employees of the consular office specified in Articles 35 and 36 of this convention. In all cases, the refusal must be clearly expressed in writing in the state in which the consulate is located. 2.in accordance with the provisions of this convention, a consular institution shall be deprived of the right to refer to immunity in respect of any counterclaim directly related to the main claim in the event that it may exercise jurisdictional immunity to the activity. 3. Waiving jurisdictional immunity in civil or administrative cases does not imply waiving immunity in relation to the execution of a court decision. For such a refusal, a separate written notification is required.

SECTION II. GENERAL GUIDELINES ARTICLE 46 RESPECT THE LAWS AND REGULATIONS OF THE STATE IN WHICH THE CONSULATE IS LOCATED

1.all persons granted privileges and immunities in accordance with this convention must respect the laws and regulations of the state in which the consulate is located, including laws and regulations governing traffic, without prejudice to their privileges and immunities. They are also obliged not to interfere in the internal affairs of the state in which the consulate is located. 2.consular premises shall not be used for purposes incompatible with the performance of consular duties. 3. Employees of the consular office, consular office and their family members are obliged to comply with the laws and regulations of the state in which the consulate is located on vehicle insurance.

ARTICLE 47 PERFORMANCE OF CONSULAR DUTIES BY DIPLOMATIC MISSIONS

1.the provisions of this convention shall also apply in cases where a diplomatic mission performs consular activities. 2.the names and surnames of employees assigned to the Consular Department of a diplomatic mission or assigned to perform the consular service of a representative office shall be notified to the Ministry of foreign affairs of the state in which the consulate is located, or to the body specified by this ministry. 3. diplomatic representation in the performance of consular functions: a) local authorities of the consular district; b) it may apply to the central authorities of the state in which the consulate is located, if it does not contradict the laws, rules and traditions of the state in which the consulate is located, or relevant international agreements. 4.the privileges and immunities of employees of diplomatic missions referred to in Paragraph 2 of this article shall be regulated by the norms of international law relating to diplomatic relations.

SECTION Y. FINAL PROVISIONS ARTICLE 48 APPROVAL, ENTRY INTO FORCE, CANCELLATION

1.this convention shall enter into force on the thirtieth day from the date of its ratification and exchange of certificates of ratification. Exchange of approval certificates ____________________ will pass. 2.the convention is concluded for an indefinite period and is valid until the expiration of six months from the date of written notification by one of the Contracting Parties to the other Contracting Party of its desire to terminate this convention.

To testify to this, the Plenipotentiaries of the contracting parties signed this convention. In Minsk, on January 17, 1996, two copies were made, each in Kazakh, Belarusian and Russian, as well as all the text has the same power. In the event of a difference of opinion in the interpretation of the provisions of this convention, the text in Russian is used.

Kazakhstan for the Republic of Belarus

President

Republic of Kazakhstan

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