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

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The Law of the Republic of Kazakhstan dated December 10, 1998 No. 312

To ratify the Consular Convention between the Republic of Kazakhstan and the Republic of Moldova, signed in Chisinau on October 23, 1997.

President of the Republic of Kazakhstan

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

 (Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 4, Article 46) (Entered into force on August 13, 1999 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 173)

The Republic of Kazakhstan and the Republic of Moldova, hereinafter referred to as the "Contracting Parties", in the interests of further strengthening friendly relations and cooperation between the two States, guided by the desire to regulate consular relations between them, have decided to conclude this Consular Convention and have agreed as follows:  

Article 1 Definitions For the purposes of this Convention, the following terms have the following meanings: (a) "consular post" means any consulate general, consulate, vice-consulate or consular agency; (b) "consular district" means the area of the receiving State allocated to a consular post for the performance of consular functions; (c) "head of a consular post" means a person to whom The represented State has instructed to act in this capacitrticle 1 Definitions For the purposes of this Convention, the following terms have the following meanings: (a) "consular pos" means any consulate general, consulate, vice-consulate or consular agency; (b) "consular district" means the area of the receiving State allocated to a consular post for the performance of consular functions; (c) "head of a consular post" means a person to whom The represented State has instructed to act in this capacity; (d) "Consular officer" means any person, including the head of a consular post, who is entrusted in this capacity with the performance of consular functions; (e) "Consular officer" means any person performing administrative or technical duties at a consular post; (f) "Staff member" means any person performing maintenance duties (g) "Staff of the consular post" means consular officials, staff of the consular post and staff of the service staff; (h) "Family member" means the wife (husband), children and parents of employees of the consular institution who live with them; (i) "private domestic worker" means any person who is exclusively in the private service of an employee of the consular institution; (j) "Citizen of the sending State" means any Natural Person who holds the nationality of the sending State, where applicable, also means any legal entity of the represented State; (k) "Consular premises" means buildings or parts of buildings used exclusively for the purposes k) "Consular premises" means buil or parts of buildings used exclusively for the purposes of the consular institution and the land plot serving these buildings or parts of buildings, including the residence of the head of the consular institution, to whom ownership of them belongs; (l) "Consular archives" means all papers, documents, correspondence, books, films, sound recording tapes and registers of the consular institution, together with ciphers and codes, card files and any items of furniture intended to ensure their safety and storage; (m) "Vessel of the sending State" means any vessel that, in accordance with the legislation of the sending State, is authorized to fly the flag of that State, with the exception of military vessels; (n) "Aircraft of the sending State" means any aircraft bearing the identification marks of the sending State, with the exception of military aircraft.

 Section I Opening of consular offices, appointment of consular staff

Article 2Article 2 Opening of a consular post 1. A consular post may be opened in the territory of the receiving State only with the consent of that State. 2. The location of the consular post, its class and the consular district shall be determined by agreement between the sending State and the receiving State. In case of disagreement on the number of employees of the consular institution, this issue is resolved by agreement between the sending State and the receiving State. 3. Further changes to the location of the consular institution, its class or the consular district may be carried out by the sending State only with the consent of the receiving State.

 Article 3 Appointment of the head of the consular institution and his admission to perform his functions 1. Prior to the appointment of th Article 3 Appointment of the head of the consular institution and his admission to perform his functions 1. Prior to the appointment of the head of the consular post, the sending State must ensure through diplomatic means that the consent of the receiving State to recognize him as the head of the consular post will be obtained for this person. 2. After receiving the consent of the receiving State, the sending State, through its diplomatic mission or byAfter receiving the consent of the receiving Statesending State, through its diplomatic mision or by other appropriate means, sends to the Ministry of Foreign Affairs of the receiving State a document drawn up at each appointment in the form of a patent or similar certificate certifying the powers of the head of the consular post, his full name, surname, position, consular district in which he will perform his duties., and the location of the consular post. 3. Upon receipt by the receiving State of a consular Upon receipt by the receiving State of a consular patent or a similar certificate of appointment, the head of the consular institution is allowed to perform his functions with a permit from the receiving State, called an executive office, no matter what form such a permit may take. The executive office is issued by the host State as soon as possible and free of charge. 4. The head of the consular institution may assume his/her functions immediately upon receipt of written confirmation from the receiving State. Until confirmation is rUntil confirmation is received, the head of the consular institution may temporarily perform his functions with the consent of the receiving State. 5. After the receiving State has confirmed the appointment of the head of the consular post or allowed him to temporarily perform his functions, it must immediately notify the competent authorities of the consular district and take all necessary measures to ensure that the head of the consular post can perform his functions and enjoy the privileges and immunities provided for in this Convention.

Article 4 Temporary performance of the functions of the head of the consular institution 1. If the head of the consular post is unable to perform his functions for any reason, or if the post of head of the consular post is temporarily vacant, the sending State may authorize a consular official of this or another consular post in the receiving State or one of the members of the diplomatic mission in the receiving State to temporarily perform the functions of head of the consular post. The full name, surname, position and rank of this person are notified to the Ministry of Foreign Affairs of the host State in advance. 2. As long as the person authorized to temporarily perform the functions of head of a consular post remains in that capacity, he or she shall be subject to the same privileges and immunities granted by this Convention to the head of a consular post. 3. The appointment of a member of the diplomatic mission of the sending State in accordance with paragraph 1 of this article as acting head of the consular mission shall not affect the privileges and immunities granted to him in accordance with his diplomatic status.

Article 5 Notification to the receiving State of appointments, arrival and departure 1. The sending State shall notify the receiving State in advance in writing of the following: a) the last name, first name, nationality, rank, position of employees of the consular institution, the date of their arrival, final departure, or termination of functions, as well as any change in their status during their work at the consular institution; (b) The surname, first name, nationality, date of arrival and final departure of family members of employees of the consular institution, as well as the fact that a person becomes or ceases to be such a family member; (c) The surname, first name, nationality, date of arrival and final departure of private domestic workers and, where appropriate, termination of their service as such; d) on the recruitment and dismissal of persons residing in the receiving State as employees of a consular institution or private domestic workers entitled to privileges and immunities. 2. The competent authorities of the receiving State shall issue certificates free of charge, in accordance with the established procedure of that State, to employees of the consular institution and their family members, with the exception of those who are citizens of the receiving State or permanently reside there.  

Article 6 Nationality of consular officials A consular officer may only be a citizen of the sending State who does not permanently reside in the territory of the receiving State.  

Article 7 Persons deemed "regsopa grata" or unacceptable 1. The receiving State may at any time notify the sending State through diplomatic channels that an employee of the consular institution is "regsopa grata" or unacceptable, without being obliged to disclose the reasons for its decision. In such a case, the sending State must recall the relevant employee of the consular institution or terminate his functions at the consular institution. 2. If the sending State does not fulfill its obligations within a reasonable period of time, the receiving State may, accordingly, revoke the person's executive status or refuse to recognize the person as an employee of the consular institution.  

Section II Consular functions

Article 8 General provisions A consular official: (a) Promotes the further strengthening of friendly relations between the sending State and the receiving State; (b) promotes the development of relations between the sending State and the receiving State in trade, economic, cultural, sports, scientific, technical, tourism and other fields; (c) Clarifies by all lawful means the situation in the political, commercial, economic, cultural, sports, scientific, technical and other fields of the receiving State and informs the Government of the sending State about it; (d) Protects the rights and interests of the sending State and its citizens in the receiving State in accordance with the norms of international law; (e) performs other functions which are not prohibited by the laws and regulations of the receiving State or against which the receiving State has no objections.  

Article 9 Functions in matters of citizenship and civil status 1. A consular officer has the right to: (a) keep records of citizens of the sending State; (b) accept any applications for citizenship of the sending State; (c) register the birth and death of citizens of the sending State and issue appropriate certificates; (d) register the conclusion and dissolution of marriages between citizens of the sending State. State and issue relevant acts. 2. The consular officer shall inform the competent authorities of the receiving State of the registration of births and deaths, marriages and divorces, if required by the legislation of the receiving State. 3. The provisions of paragraph 1 of this article do not release interested persons from their obligations to comply with the laws and regulations of the host State.  

Article 10 Passport and visa functions A consular officer has the right to: a) issue, renew, redeem passports and other similar documents of citizens of the represented State, extend their validity period, and make necessary marks in them; b) issue, extend, cancel entry, transit, and other visas to persons wishing to visit or travel through the represented State, as well as to they have changes and additions.  

Article 11 Notarization and legalization 1. In accordance with the laws and regulations of the sending State, a consular official has the right: a) at the request of any person, regardless of his nationality, to issue him various documents for use in the sending State, if the issuance of such documents does not contradict the laws and regulations of the State; (b) At the request of nationals of the sending State, provide them with various documents for use in or outside the receiving State, if the issuance of such documents does not contradict the laws and regulations of the State; (c) Translate documents into the official language of the sending State or the receiving State and verify the correctness of this translation; (d) legalize documents issued by the competent authorities of the sending State or the host State, certify the correctness of their copy, translation and extract; f) to accept, compile and certify applications from citizens of the represented State; f) to certify signatures of citizens of the represented State on all kinds of documents; g) to compile, certify and deposit wills of citizens of the represented State; h) to compile and certify acts and transactions between citizens of the represented State, since such acts and transactions do not contradict the legislation of the State They do not relate to the establishment and transfer of rights to immovable property; to draw up and certify acts and transactions between citizens of the sending State, on the one hand, and citizens of other States, on the other hand, since these acts and transactions relate exclusively to property or rights in the sending State and relate to cases to be considered in that State, provided that these acts and transactions do not contradict the legislation of the receiving State. i) to take into custody the property and documents of citizens of the sending State, since this does not contradict the legislation of the receiving State. 2. Documents drawn up, issued, certified or translated by a consular official in accordance with paragraph 1 of this article will be considered in the receiving State as documents having the same legal significance and evidentiary value as if they had been issued, certified or translated by the competent authorities and institutions of the receiving State, provided that they comply with the legislation of the receiving State. stay.  

Article 12 Notification of detention, arrest and visit 1. In the event that a citizen of the sending State is arrested, detained or otherwise deprived of liberty within the consular district, the competent authorities of the receiving State shall notify the consular institution within four days of the incident. 2. A consular officer has the right to visit, communicate with, meet with, and provide legal assistance to a citizen of the sending State who has been arrested, detained, or otherwise deprived of his liberty. The competent authorities of the receiving State must, as soon as possible, arrange a meeting of the consular officer with the designated citizen of the sending State, but no later than three days from the date of submission of the application. Further visits can be made at reasonable intervals. 3. The competent authorities of the receiving State must immediately notify a citizen of the sending State who has been arrested, detained or otherwise deprived of his liberty of 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 receiving State. However, the application of the law and regulations of the receiving State should not restrict the exercise of the rights provided for in this article.  

Article 13 Rendering assistance to citizens of the represented State A consular officer has the right to: a) meet and communicate with citizens of the represented State, give them advice, and provide all possible assistance, including taking measures to provide them with legal assistance. The receiving State in no way restricts the communication of citizens of the sending State with the consular institution and their access to the consular institution; (b) A consular officer may apply to the competent authorities of the receiving State for assistance in the search for missing nationals of the sending State permanently residing or temporarily staying in the territory of the receiving State; (c) Inquire about the living and working conditions of any citizen of the sending State in the receiving State and provide him with the necessary assistance; (d) Request the competent authorities of the receiving State to provide information regarding any citizen of the sending State, and these authorities should do everything possible to provide such information; (e) Accept documents, funds and valuables of any citizen of the sending State for temporary storage, if this does not contradict the laws and regulations of the receiving State.; (f) If a citizen of the sending State is unable to protect his rights and interests in the receiving State due to his absence from the receiving State or for other reasons, a consular official may, without a special power of attorney, represent that citizen in the courts and other authorities of the receiving State or ensure his proper representation as long as that citizen he will not appoint his own representatives or take upon himself the protection of his rights and interests.  

Article 14 Guardianship and trusteeship 1. The competent authorities of the receiving State, if they have information, notify the consular officer of the need to appoint a guardian or trustee for a citizen of the sending State permanently residing in the territory of the receiving State. 2. The consular officer shall cooperate with the competent authorities of the receiving State on the issue referred to in paragraph 1 of this article and, if necessary, recommend a person to perform the duties of a guardian or trustee in accordance with the laws and regulations of the receiving State. 3. If the court or other competent authorities of the receiving State consider that the proposed person is unacceptable as a guardian or trustee for any reason, the consular officer may propose another candidate.  

Article 15 Death Notification 1. In the event of the death of a citizen of the sending State in the receiving State, the competent authorities of the receiving State shall notify the consular institution as soon as possible and, upon his request, issue him a certificate or other documents confirming the fact of death. 2. If a consular official becomes aware of the death of a citizen of the sending State in the receiving State earlier, he/she shall inform the competent authorities of the receiving State about this.  

Article 16 Measures for the protection of hereditary property 1. If a deceased citizen of the sending State has left an inheritance in the receiving State, the competent authorities of the receiving State shall inform the consular institution as soon as possible about the composition of the inherited property, the heirs, the beneficiaries of the deceased, as well as the existence of a will. 2. A consular officer may request the consent of the competent authorities of the receiving State to be present when making an inventory and sealing the inherited property referred to in paragraph 1 of this article. 3. If any citizen of the sending State has obtained the right to inherit or receive the property of a person of any nationality who has died in the receiving State, the competent authorities of the receiving State, if they have information, must notify the consular post, even if this citizen is located outside the receiving State. 4. A consular officer may, on behalf of a citizen of the sending State, if such a citizen is not present in the receiving State, accept from a court, other authorities or an individual money or other property intended for that citizen as a result of the death of a person, including inheritance, payment of compensation and amounts due for insurance, and transfer this money and property of the specified citizen. 5. In the event of the death of a citizen of the sending State who is temporarily staying in the receiving State, as well as if the deceased has no relatives or representatives in the receiving State, and the belongings left by him are not related to the obligations assumed by the deceased during his stay in the receiving State, the consular officer has the right to receive, preserve and transfer abandoned items. 6. When performing the functions referred to in paragraphs 3, 4 and 5 of this article, the consular officer is obliged to comply with the laws and regulations of the receiving State.

Article 17 Assistance to the vessel of the represented State 1. A consular officer has the right, within his consular district, to provide assistance to a vessel of the sending State located in the internal waters and territorial seas of the receiving State, including ports and other anchorages, as well as to the captain and crew members of the vessel, including: a) to board the vessel, to hear the report of the captain on the vessel, cargo, circumstances of navigation, and the captain and crew members of the vessel may communicate with the consular officer as soon as the vessel is allowed free communication with the shore.; (b) Without prejudice to the rights of the competent authorities of the receiving State to investigate incidents that occurred during the voyage of the vessel and to question the captain and crew members; to check the ship's documents; to make a statement regarding the vessel's navigation and destination, and, if necessary, to facilitate the entry, exit and stay of the vessel in port; (c) Without prejudice to the rights of the competent authorities to resolve disputes between the captain and crew members, including disputes concerning wages and employment contracts, in accordance with the legislation of the sending State.; (d) To facilitate, if necessary, the hospitalization and repatriation of the captain or crew members of the vessel; (e) To receive, verify, issue, certify or legalize documents in respect of the vessel; (f) In the case of acquisition of the vessel abroad, to issue a temporary certificate for the right to sail the vessel under the flag of the represented State; (g) to carry out other matters in respect of the vessel assigned by the competent authorities of the represented State. 2. A consular officer may seek the assistance of the competent authorities of the receiving State in the performance of his functions provided for in the provisions of this article.

 Article 18 Protection from coercive measures applied to a vessel of the sending State 1. If the courts or other competent authorities of the receiving State intend to take enforcement actions against a vessel of the sending State or conduct an official investigation on board it, they shall notify the consular officer in advance so that the consular officer or his representative can be present during the implementation of such actions. If prior notification to the consular post is not possible due to lack of time due to the urgency of the matter, the competent authorities of the receiving State shall notify the consular post immediately after the actions taken and, at the request of the consular officer, provide full information regarding their actions as soon as possible. 2. The provisions of paragraph 1 of this article shall apply to cases where the competent authorities of the receiving State, in accordance with paragraph 1, take similar measures against the ship's captain or crew members ashore. 3. The provisions of paragraphs 1 and 2 of this article shall not apply to routine passport, customs and sanitary controls carried out by the relevant authorities of the receiving State, as well as to measures taken by them aimed at ensuring the safety of navigation at sea or preventing water pollution. 4. The competent authorities of the receiving State may not interfere in the internal affairs of a ship of the sending State unless security and public order in the receiving State are violated, except in cases where this is done at the request of the ship's captain or consular officer or with their consent.

Article 19 Assistance in case of damage to vessels of the represented State 1. If a vessel of the sending State is wrecked, stranded or otherwise damaged in the internal waters and territorial seas of the receiving State, the competent authorities of the receiving State shall inform the consular institution as soon as possible and inform it of the measures taken to rescue passengers and crew members, the vessel, its cargo and other property. 2. A consular officer has the right to take measures to provide assistance to a distressed vessel of the sending State, crew members and passengers, and may also seek assistance from the authorities of the receiving State for this purpose. 3. If a distressed vessel of the sending State, its rigging or cargo is found near the coast of the receiving State or delivered to a port of that State and the captain, owner of the vessel, representative of the shipping company or insurance agent are absent, or they are unable to take measures to preserve or dispose of this property, the competent authorities of the receiving State in The consular institution is notified of this as soon as possible. A consular officer may, without a special power of attorney, take measures on behalf of the owner of a vessel of the represented State to preserve or dispose of a distressed vessel and property separated from it. 4. If the vessel of the represented State that was damaged, as well as its cargo, equipment and food were not delivered for sale or use in the receiving State, they shall not be subject to customs duties or other similar charges by the receiving State.  

Article 20 Aircraft of the represented State The provisions of this Convention relating to the aircraft of the sending State shall apply accordingly to the aircraft of the sending State, provided that they do not conflict with the provisions of other bilateral agreements between the sending State and the receiving State or multilateral agreements to which both States are parties.

 Article 21 Transfer of court documents and execution of court orders A consular officer has the right to transfer judicial and non-judicial documents or execute judicial orders or testimony orders for courts and other competent authorities of the sending State 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 receiving State.  

Article 22 Performing consular functions in the consular district and beyond A consular officer may perform consular functions only in his own consular district. With the consent of the receiving State, it may also perform consular functions outside the consular district.

 Article 23 Relations with the authorities of the receiving State When performing their functions, a consular officer may apply to the competent authorities of the consular district, as well as to the competent central authorities of the receiving State, to the extent permitted by the laws, regulations and customs of that State.

 Article 24 Performing consular functions in a third country The sending State may, after notifying the receiving State and the third State, entrust the consular institution accredited in the receiving State with the performance of consular functions in the third State, unless there is a clearly expressed objection from any of these States.  

Article 25 Performing consular functions on behalf of a third State At the request of a third State, after appropriate notification to the receiving State, the consular post of the sending State may, if the receiving State does not object, perform consular functions in the receiving State on behalf of the third State.  

Section III Privileges and immunities

Article 26 Provision of conditions for the performance of its functions by the consular institution 1. The receiving State must provide all opportunities for the successful performance of its functions by the consular institution. 2. The receiving State shall treat the staff of the consular institution with due respect and take all appropriate measures to ensure that the staff of the consular institution can successfully perform their functions and enjoy privileges and immunities in accordance with the provisions of this Convention.

 Article 27 Consular and residential premises 1. The sending State or its authorized representatives, in accordance with the legislation of the receiving State, on the principles of reciprocity, have the right: a) to acquire ownership or lease buildings or parts of buildings for use as premises of the consular post, the residence of the head of the consular post and residential premises for other employees of the consular post who are not citizens of the receiving State and do not have permanent places of residence in th Article 27 Consular and residential premises 1. The sending State or its authorized representatives, in accordance with the legislation of the receiving State, on the principles of reciprocity, have the right: a) to acquire ownership or lease buildings or parts of buildings for use as premises of the consular post, the residence of the head of the consular post and residential premises for other employees of the consular post who are not citizens of the receiving State and do not have permanent places of residence in this State; b) to build or adapt buildings for the same purposes on land plots provided for use on a reimbursable basis. 2. The receiving State shall assist the sending State in obtaining consular premises in accordance with the provisions of paragraph 1 of this article and, if necessary, also assist the sending State in obtaining suitable residential premises for employees of the consular institution. 3. The provisions of paragraph 1 of this article do not relieve the sending State of its obligations to comply with the laws and regulations of the receiving State applicable in the area where these land plots, buildings or parts of buildings are located.  

Article 28 Use of the national flag and coat of arms 1. The sending State has the right to strengthen on the building of the consular institution its national coat of arms and a shield with the name of the consular institution in the langrticle 28 Use of the natio flag and coat of arms 1. The sending State has the right to strengthen on the building of the consular institution its national coat of arms and a shield with the name of the consular institution in the languages of the sending State and the receiving State. 2. The sending State has the right to raise its national flag on the building of the consular institution, the residence of the head of the consular institution and his vehicles used by him in the performance of his official duties.

Article 29 Inviolability of consular premises and living quarters of employees of a consular institution 1. Consular offices and living quarters of employees of a consular institution are inviolable. The authorities of the receiving State may not enter the consular premises and living quarters of employees of the consular institution without the consent of the head of the consular institution or the head of the diplomatic mission of the sending State in the receiving State or a person appointed by one of them. In the event of a fire in the consular premises or other natural disaster that threatens the safety of citizens and the safety of property of the receiving State located in the immediate vicinity of the consular premises, such consent is given as soon as possible. 2. The receiving State has a special obligation to take all necessary measures to protect the consular premises and the living quarters of the staff of the consular institution from any intrusion or damage and to prevent any disturbance of the peace of the consular institution or insult to its dignity. 3. The consular premises, their furnishings, the property of the consular institution, as well as its means of transportation, shall enjoy immunity from any kind of requisition for the purposes of State defense and public needs. If it is necessary to alienate the premises for the above-mentioned purposes, all possible measures are taken to avoid disruption of the performance of consular functions and appropriate and effective compensation is promptly paid to the sending State.

 Article 30 Inviolability of the consular archive and documents The Consular archive and documents are inviolable at any time and regardless of their location.  

Article 31 Freedom of movement Since this does not contradict the laws and regulations on zones where entry is prohibited or restricted for reasons of national security, the receiving State must ensure that all employees of the consular institution have freedom of movement and travel on its territory.

Article 32 Freedom of communication 1. The receiving State must permit and protect the freedom of communication of the consular institution for all official purposes. In carrying out relations with the Government, diplomatic missions, as well as other consular institutions of the sending State, the consular institution may use all appropriate means of communication, including coded and encrypted dispatches, diplomatic or consular couriers, diplomatic or consular bags. When using conventional means of communication, the same tariffs apply to the consular post as to the diplomatic mission. The consular post may install and operate a radio transmitter only with the consent of the receiving State. 2. The official correspondence of the consular institution is inviolable. Official correspondence means all correspondence related to the consular institution and its functions. The consular bag must not be opened or delayed. The consular bag must be sealed and have visible external signs indicating its nature, and may contain only official correspondence, documents and items intended exclusively for the official use of the consular institution. 3. Only a citizen of the sending State who does not permanently reside in the receiving State may be a consular courier. The consular courier is provided with an official document indicating his status and the number of places that make up the consular bag. A consular courier, while in the territory of the receiving State, enjoys the same rights, privileges and immunities as diplomatic couriers. 4. The sending State, its diplomatic missions and consular offices may appoint consular couriers. In such cases, the provisions of paragraph 3 of this article shall apply, with the exception that the immunities referred to therein shall cease at the time when such courier delivers the consular bag entrusted to him to its destination. 5. The consular bag may be entrusted to the commander of the aircraft or the captain of the vessel of the represented State. This commander or captain is provided with an official document indicating the number of places that make up the consular bag, but he is not considered a consular courier. In agreement with the relevant authorities of the receiving State, the consular officer may directly and unhindered accept or transfer the consular bag to the commander of the aircraft or the captain of the vessel. 6. In cases where the competent authorities of the receiving State have serious grounds to believe that the bag contains something other than the correspondence specified in paragraph 2 of this article, they may require that the bag be opened in their presence by an authorized representative of the sending State. In the event that the authorities of the represented State refuse to comply with this requirement, the valise is returned to the place of departure.

 Article 33 Consular fees and duties 1. The consular institution may charge fees and duties for the performance of consular acts in the territory of the receiving State, provided for by the laws and regulations of the sending State. 2. The amounts collected in the form of fees and charges referred to in paragraph 1 of this article and receipts for such fees and charges shall be exempt from all fees and charges in the receiving State.  

Article 34 Inviolability of the person of consular officials 1. Consular officials are not subject to arrest or pre-trial detention, except on the basis of decisions of the competent judicial authorities in the case of serious crimes. 2. Except in the cases specified in paragraph 1 of this article, consular officials may not be imprisoned and are not subject to any other forms of restrictions on personal freedom, except in pursuance of judicial decisions that have entered into force. 3. If a criminal case is initiated against a consular official, that person must appear before the competent authorities. Nevertheless, in the course of the proceedings, he should be respected in view of his official position and, except in the cases provided for in paragraph 1 of this article, there should be as few obstacles as possible to the performance of his consular functions. When it becomes necessary to detain a consular official in accordance with paragraph 1 of this article, legal proceedings should be initiated against him as soon as possible.  

Article 35 Immunity from jurisdiction 1. Consular officials shall enjoy immunity from the criminal, civil and administrative jurisdiction of the receiving State, with the exception of the following civil claims: (a) arising from a contract concluded by a consular official under which he does not act directly or indirectly on behalf of the sending State; (b) arising from damage caused by road traffic by a vehicle, ship or aircraft in the receiving State, the reimbursement of which was requested by a third party; (c) Relating to private immovable property in the territory of the receiving State, unless they own it on behalf of the sending State for consular purposes; (d) Relating to inheritance, when they act as executor of a will, trustee of inherited property, heir or beneficiary as individuals and not on behalf of the sending State; (e) related to any professional or commercial activity carried out by them in the receiving State outside of their official functions. 2. If the receiving State takes enforcement measures in connection with the provisions set out in paragraph 1 of this article, the inviolability of the person of consular officials and the inviolability of their living quarters must not be violated. 3. Employees of the consular institution and service personnel are not subject to the criminal, civil and administrative jurisdiction of the receiving State with regard to their official activities, with the exception of civil claims set out in subparagraphs (a) and (b) of paragraph 1 of this article.

Article 36 Obligation to testify 1. Employees of the consular institution may be called as witnesses to testify in judicial or administrative proceedings in the receiving State. 1.2 Employees of the consular institution or service personnel, with the exception of the cases mentioned in paragraph 2 of this article, may not refuse to give evidence. 1.3 If a consular official refuses to give evidence, no measures of coercion or punishment may be applied to him. 2. Consular officers are not required to give evidence on matters related to the performance of their functions or to submit official correspondence and documents related to their functions. They have the right to refuse to give evidence as experts on the legislation of the represented State. 3. The competent authorities of the receiving State, who require the testimony of an employee of the consular institution or a member of the staff, should avoid interfering with the performance of their functions by that person. These authorities may, whenever possible, also hear testimony at the person's home or at the premises of the consular post, or accept written testimony from him.

 Article 37 Exemption from labor duties and military service Employees of the consular institution are exempt in the receiving State from all forms of labor and community service and military service. They are also exempt from all obligations provided for by the laws and regulations of the receiving State regarding the registration of foreign citizens, obtaining residence permits, work permits in relation to performing work for the sending State, and other similar requirements, if any, provided for by the laws and regulations of the receiving State in relation to foreign citizens.  

Article 38 Exemption of the consular institution from taxes and fees 1. The receiving State shall exempt from taxes and fees: (a) consular premises and living quarters of employees of the consular institution acquired on behalf of the sending State or its representative, as well as contracts and acts relating to the acquisition of said property; (b) movable property and vehicles lawfully acquired by the consular institution for official purposes, as well as their acquisition, possession, or maintenance. 2. The provisions of paragraph 1 of this article do not apply to: (a) taxes and fees levied as payment for special services; (b) taxes and fees levied in accordance with the laws and regulations of the receiving State from a person who enters into an agreement with the sending State or its representative.

 Article 39 Exemption of consular post employees from taxation 1. Consular post employees are exempt from personal, property, state, district and municipal taxes and duties of the receiving State, with the exception of: a) indirect taxes, which are usually included in the cost of goods and services; b) taxes and duties on private immovable property located in the territory of the receiving State, Subject to the exceptions provided for in the provisions of paragraph 1 of article 38 of this Convention.; (c) Taxes on inherited property or inheritance duties or taxes on the transfer of property, with exceptions provided for in the provisions of paragraph 2 of article 43 of this Convention; (d) taxes and fees on private income, including income from capital, the source of which is located in the receiving State, and taxes on investments in commercial and/or financial enterprises in the receiving State; f) fees charged for specific types of services; (f) Registration, judicial and registry fees, mortgage fees, stamp duties, with exceptions provided for in the provisions of article 38 of this Convention. 2. Salaries received by employees of the consular institution from the sending State are not subject to taxes and other fees levied on wages in accordance with the laws and regulations of the receiving State. 3. Employees of the consular institution who employ persons whose wages are not exempt from income tax in the receiving State fulfill the obligations imposed by the laws and regulations of that State on employers with regard to the collection of income tax.

 Article 40 Exemption from customs duties and customs control 1. The receiving State, in accordance with the laws and regulations adopted therein, permits the import and export, and also exempts from all customs duties, with the exception of charges for storage, transportation and similar services: a) items intended for the official use of the consular institution, including its vehicles; b) personal items of consular officials; (c) Items for personal use, including home furnishings for the initial acquisition of consular staff and service personnel. 2. The items referred to in sub-paragraphs (b) and (c) of paragraph 1 of this article shall not exceed the quantity required for direct consumption by the relevant person. 3. The personal baggage of a consular officer is exempt from customs inspection. It may be inspected only if the competent authorities of the receiving State have reasonable grounds to believe that it contains items other than those mentioned in subparagraphs (b) and (c) of this article, or items whose export and import are prohibited by the laws and regulations of the receiving State or quarantine regulations. Such an inspection must be carried out on site in the presence of the relevant consular officer or his representative. In the event that the authorities of the represented State refuse to comply with these requirements, the said baggage is returned to the place of departure.  

Article 41 Privileges and immunities of family members of consular post staff Members of the family of consular officials, consular post staff and service personnel shall enjoy, respectively, the privileges and immunities enjoyed by consular officials, consular post staff and service personnel in accordance with the provisions of this Convention, with the exception of the cases specified in paragraph 2 of article 42 of this Convention.

Article 42 Persons who do not enjoy privileges and immunities 1. Members of the consular post and service personnel shall not enjoy the privileges and immunities provided for in the provisions of this Convention if they are nationals of the receiving State or have permanent residence there, except as provided for in paragraph 3 of article 36.2. Family members of employees of the consular institution do not enjoy immunities and privileges if these persons are citizens of the receiving State or permanently reside in it. 3. A private domestic worker shall not enjoy the privileges and immunities provided for in the provisions of this Convention.  

Article 43 Hereditary property of an employee of a consular institution In the event of the death of an employee of the consular institution or a member of his family, the receiving State: a) permits the export of movable property of the deceased, with the exception of property that was acquired in the receiving State and the export of which was prohibited at the time of the death of the said person; (b) Does not levy any State, district or municipal inheritance taxes or inheritance duties on movable property that was imported or acquired in the receiving State solely in connection with the deceased person's stay in that State as an employee of the consular post or a member of his family.

Article 44 Beginning and end of consular privileges and immunities 1. Every employee of a consular institution shall enjoy the privileges and immunities provided for in this Convention from the moment he enters the territory of the receiving State on his way to his place of destination, or, if he is already in the territory of that State, from the moment he begins to perform his duties at the consular institution. 2. Members of the family of an employee of a consular institution shall enjoy the privileges and immunities provided for in this Convention from the moment when that employee enjoyed the privileges and immunities, or from the moment they entered the territory of the receiving State, or from the moment when they became members of his family. 3. When the functions of an employee of a consular institution are terminated, his privileges and immunities, as well as those of his family members, terminate at the moment when the person leaves the receiving State, or after a reasonable period of time to do so. 4. In the event of the death of an employee of a consular institution, his family members continue to enjoy the privileges and immunities granted to them until they leave the receiving State or until a reasonable period of time has expired for leaving the receiving State.

 Article 45 Waiver of privileges and immunities 1. The sending State may waive the privileges and immunities specified in articles 35 and 36 of this Convention enjoyed by the relevant staff of the consular institution. In all cases, the refusal must be explicitly expressed in writing to the receiving State. 2. In accordance with the provisions of this Convention, the initiation of legal proceedings by an employee of a consular institution in a case where he could benefit from immunity from jurisdiction deprives him of the right to invoke immunity in respect of any counterclaim directly related to the main claim. 3. Waiving immunity from jurisdiction in civil or administrative matters does not mean waiving immunity in respect of the execution of a court decision. A separate written notification is required for such refusal.  

Section IV General regulations

Article 46 Respect for the laws and regulations of the host State 1. All persons who are granted privileges and immunities under this Convention are required, without prejudice to their privileges and immunities, to respect the laws and regulations of the receiving State, including laws and regulations governing road traffic. They are also obliged not to interfere in the internal affairs of the host State. 2. Consular premises should not be used for purposes incompatible with the performance of consular functions. 3. The consular institution, the staff of the consular institution and their family members are required to comply with the laws and regulations of the host State regarding vehicle insurance.

 Article 47 Performance of consular functions by diplomatic missions 1. The provisions of this Convention shall also apply, to the extent appropriate in the context, in cases where consular functions are performed by a diplomatic mission. 2. The names and surnames of the staff of the diplomatic mission who are assigned to the consular department or who are charged with performing the consular functions of the mission are communicated to the Ministry of Foreign Affairs of the receiving State or the body designated by this Ministry. 3. When performing consular functions, a diplomatic mission may apply: a) to the local authorities of the consular district; b) to the central authorities of the receiving State, if this does not contradict the laws, regulations and customs of the receiving State or relevant international agreements. 4. The privileges and immunities of the staff of the diplomatic mission referred to in paragraph 2 of this article shall continue to be governed by the norms of international law relating to diplomatic relations.

Section V Final provisions

Article 48 Ratification, entry into force, denunciation 1. This Convention is subject to ratification and enters into force on the thirtieth day after the date of the exchange of instruments of ratification. 2. This Convention shall be concluded for an indefinite period and shall remain in force until the expiration of six months from the date on which one of the Contracting Parties notifies the other Contracting Party in writing of its intention to terminate this Convention. In witness whereof, the Plenipotentiaries of the Contracting Parties have signed this Convention and sealed it. Done in Chisinau on October 23, 1997, in two originals, each in the Kazakh, Moldovan and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Convention, the text in Russian shall apply.

President

Republic of Kazakhstan

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