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

Home / RLA / On ratification of the Consular Convention between the Republic of Kazakhstan and Romania

Law of the Republic of Kazakhstan dated June 23, 1999 No. 396-I

Approve the Consular Convention between the Republic of Kazakhstan and Romania, concluded in Bucharest on September 21, 1998.

President Of The Republic Of Kazakhstan

 Consular Convention between the Republic of Kazakhstan and Romania*

(The agreement entered into force on December 11, 1999-Bulletin of international treaties of the Republic of Kazakhstan, 2004, No. 4, Article 19)

 The Republic of Kazakhstan and Romania, guided by the desire to promote the development of friendly relations between the two states, in the interests of strengthening cooperation in the economic, trade, scientific and technical, cultural and other spheres, wishing to regulate consular relations between them, decided to conclude this Consular Convention and agreed on the following:

 Part I

Definitions

 Article 1 the meaning of the terms referred to in the convention

1)" consular office " means the consulate general, consulate, vice - consulate and consular agency. 2)" consular district " - means the territory of the state in which the consulate is located, allocated to the consular institution for the performance of consular functions. 3)" Head of the Consular institution " - means the person who is entrusted with the management of the consular institution. 4)" Person of the consular service " - means any person assigned to perform consular functions, including the head of the consular institution. 5)" employee of the Consular institution " - means a person performing administrative and technical functions in the consular institution. 6)" servant of Service personnel " - means a person who performs the duties of providing services to the consular office. 7)" member of the staff of the Consular institution " - means persons of the Consular Service, Employees of the consular institution and employees of the service personnel. 8)" private housekeeper " - means only a person who is in the private home service of a member of the staff of a consular institution. 9)" consular premises " -means a house or part of a house, including the residence of the head of the consular institution, as well as a land plot serving this house or part of the house, used only for consular purposes, regardless of whose property they are. 10)" consular archives " - means all official correspondence, ciphers, documents, books, technical means of office management, as well as equipment for their storage. 11)" ship " - means any ship sailing under the flag of the state to which it has sent its representative, with the exception of a warship. 12)" aircraft " - means any civil aircraft registered in the state and having the insignia of that state, with the exception of military aircraft.

 PART II

Consular Relations

 Article 2 opening of a consular office

1.the consular office in the state in which the state sending the representative office is located may be opened only with the consent of this state. 2.the location of the Consular institution, its class and consular district are determined by agreement between the state that sent the representative office and the state in which the consulate is located. 3.any subsequent changes to the location of the Consular Office, its class or consular district must also be determined by agreement between the state that sent the representative office and the state in which it is located.

 Article 3 consular Patent and exequature

 1.prior to the appointment of the head of the Consular institution, the state sending the representative office must diplomatically ensure that it receives consent to recognize this person as the head of the consular institution by the state in which he is located. 2.upon receipt of the agreement referred to in Paragraph 1 of this article, the state sending the representative office shall, through its diplomatic mission, Send a consular patent to the Ministry of foreign affairs of the state in which it is located. The consular patent indicates the name of the head of the consular institution, his position, the consular district in which he performs his duties, and the location of the consular institution. 3.the head of the Consular institution begins to perform his duties after receiving the exequatur issued to him by the state in which he is located. He is given an exequature in the shortest possible time. 4.the state of residence may give temporary consent to the head of the consular office in the performance of his / her duties before issuing an exequature. In this regard, all provisions of this convention apply to it. 5. From the moment of Final, including temporary recognition of the head of the consular institution, the state in which he is located informs the relevant authorities within the consular district about this and takes the necessary measures for the head of the consular institution to perform his duties.

 Article 4 temporary performance of the functions of the head of the Consular Office

 1.if the head of the consular institution, for any reason, is unable to perform his functions, or if the position of the head of the consular institution is temporarily vacant, the state sending the representative office may authorize a person of the consular service of the specified or other consular institution in the state in which he is located, or one of the members of the diplomatic staff of his diplomatic mission in this state to temporarily manage the consular institution. 2.the name of the person temporarily heading the Consular Office shall be notified in advance to the Ministry of foreign affairs of the state in which it is located. 3.a person temporarily managing a consular institution shall enjoy the same rights, benefits and immunities granted to the head of a consular institution in accordance with the provisions of this convention.

 Article 5 persons recognized as" Regsopa non grata"

 1.The State in which it is located May at any time inform the state that the person of the consular service is "persona non grata" or that an employee of the consular office or an employee of the service personnel is an unacceptable person. In this case, the state that sent the representative office must recall this person or terminate his activities. 2. If the state sending the representative office does not fulfill this duty within a reasonable period of time, the state in which it is located may recall the exequature or other permission if it is about the head of the consular office, or inform the state sending the representative diplomatically that it refuses to recognize a particular person as a member of the consular office staff if it is 3. In any case referred to in Paragraphs 1 and 2 of this article, The located state is not obliged to prove its decision.

 Article 6 declaration of appointment, arrival and departure to the state where the consulate is located

To the Ministry of foreign affairs of the state in which it is located, or to the body named by the Ministry, the following: 1. on the appointment of members of the consular staff, on their arrival or termination of their activities in the consular office, and on all other changes that may occur during their work in the Consular Office, contributing to their status. 2. On the arrival or final departure of a person who is a family member of a member of the staff of a consular institution or permanently residing with him, as well as on the fact that in appropriate cases a particular person has become such a family member or has ceased to be a family member. 3.on the arrival or final departure of private housekeepers and, in appropriate cases, on the termination of their activities of this nature. 4. The nature of members of the staff of the consular institution or private housekeepers who are entitled to benefits and immunities indicates the rental and dismissal of persons residing in the receiving State.

 Article 7 issuance of identity documents

1.the administrative bodies of the state of residence shall issue free of charge to each person of the consular service a document certifying his / her identity and activity. 2.the provisions of Paragraph 1 of this article also apply to employees of the consular office, service personnel and private domestic servants, while such conditions are observed that these persons are not citizens of the state in which the consulate is located and do not have a permanent place of residence in this state.

 Article 8 citizenship of persons of the Consular Service

Persons of consular service can only be citizens of the state to which the consulate is located, who do not have a permanent place of residence in the state where the consulate is located, and who do not hold any other positions in this state, which are sources of income other than their official duties.

 Part III consular functions

 Article 9 functions of the Consular Office

The functions of the consular institution consist of: 1. protection of the rights and interests of the state, its citizens and legal entities that sent the representative office in accordance with the norms of international law in the state where the consulate is located. 2.further assistance in the development of good relations between states in the fields of Economy, Trade, Culture and science, as well as in the field of Tourism, strengthening friendly ties between them in these and other areas.

 Article 10 consular protection and assistance

1.a person of the Consular Service has the right to provide the necessary consular protection and assistance to citizens of the state to which the representative office is sent, to communicate with them, to give advice and, if necessary, to assist in the protection of their rights under its competence in accordance with the laws of the state in which the consulate is located or in accordance with the current agreements between the two states. 2.a citizen of the state that has sent a representative office also has the right to contact and be at the reception of a person of the consular service without any restrictions.

 Article 11 performance of consular functions

 1. The consular functions shall be performed by a consular officer of the sending State. 2. If it is necessary to perform the functions of a consular post, these functions may be assigned to members of the diplomatic staff of the diplomatic mission of the sending State in the receiving State, while the rights and duties of the members of the diplomatic staff are respected. The name of the member of the diplomatic staff charged with performing consular functions must be notified in advance to the Ministry of foreign affairs of the country in which it is located. 3. Consular functions are performed within the consular district. Outside of it, a person of the consular service may perform his functions only with the consent of the state in which the consulate is located.

 Article 12 interaction with the authorities of the state in which the consulate is located

 1.a person of the Consular Service has the right to: - to the competent local authorities of the consular district, - to the central authorities of the country where the consulate is located, as far as the laws of the state in which the consulate is located allow.

 Article 13 performance of consular functions in the interests of Third States

With the consent of the state in which the consulate is located, a person of the Consular Service has the right to perform consular functions in the interests of third states.

 Article 14 accounting of citizens of the state to which the representative office was sent

1.a person of the Consular Service has the right to keep records of citizens of the state to which he / she has sent his / her representative office in the consular district. 2.accounting conducted by a person of Consular Service does not relieve a citizen of the state to which the representative office is sent from the need to comply with the formalities required by the laws of the state in which the consulate is located on issues of registration of foreigners.

Article 15 representation to the authorities of the state in which the consulate is located

1.a person of the Consular Service has the right to take measures in accordance with the laws of the state in which the consular service is located to ensure the proper representation of citizens of the state to whom the consular office is sent before the courts and other places of power. It may take actions aimed at protecting the rights and interests of citizens of its state, in the event that, due to the absence of such rights or other valid reasons, they cannot timely protect their interests and rights, so that temporary measures are taken in accordance with the laws of the state in which the consulate is located. 2.a person of the consular service also has the right to appeal to the courts or authorities to postpone the consideration of an issue in relation to a citizen of the state to which he / she sent a representative until the citizen receives a notification about it and has a real opportunity to participate personally or through his / her representative. 3.representation provided for in Paragraph 1 of this article-shall be terminated at the time when persons whose interests are protected have appointed or assumed the protection of their rights and interests.

 Article 16 protection of citizens of the state that sent the representative office

1.the bodies of the state in which the consulate is located shall notify the person of the consular service of the arrest or detention in a different form of a citizen of the state to which the representative office is sent, as soon as possible, but not later than three days from the time of arrest or detention. 2.a person of the Consular Service has the right to receive correspondence or other types of shipments of a citizen detained or otherwise detained in court in accordance with the laws of the state in which the consulate is located and take the necessary measures to provide him with legal assistance and representation. A person of the consular service has the right to visit and communicate with a citizen of the state who is in custody or otherwise detained or sent a representative office serving a prison sentence under the conditions provided for by the laws of the state in which the consulate is located, within five days from the time of arrest or detention. 3.the competent authorities of the state in which the consulate is located must immediately inform the citizen of the state to whom the representative office is sent about the right to communicate with the person of the consular service provided for in this article.

 Article 17 functions related to passports and visas

 A person of the consular service has the right: 1. to issue passports and other similar documents to citizens of the state that sent the representative office, as well as to restore, renew, cancel and amend them; 2.to issue entry and transit pass visas to persons who wish to visit the state that sent the representative office or pass through its territory.

 Article 18 functions on Civil and civil registration

A person of the Consular Service has the right to: 1. accept applications on citizenship issues, 2. Register and issue relevant documents on the birth or death of citizens of the state that sent the representative office, 3.register a marriage if the laws of the state that sent the representative office allow it, and the laws of the state in which the consulate is located do not contradict it. 4. A person of the consular service, if this is required by the laws of the state in which the consulate is located, notifies the competent authorities of the state in which the consulate is located that birth, marriage and death have been registered at the consulate. 5.the provisions of Paragraphs 1, 2, 3 of this article do not release interested persons from the obligation to comply with the formalities required by the laws of the country where the consulate is located. 6. If the authorities of the state in which the consulate is located receive news of the death of a citizen of the state that sent the representative office on the territory of the state in which the consulate is located, they must notify the consular office without delay.

 Article 19 functions related to guardianship and guardianship

 1.a person of the Consular Service has the right to appear in the places of power of the state in which the consulate is located to appoint a guardian (curatori) or guardian (curatela) in the state in which the consulate is located, and to provide the names of persons appointed under guardianship or guardianship. 2. If it becomes clear that measures should be taken to assign guardianship or guardianship to a citizen of the state that has sent a representative to the places of power in the state where the consulate is located, they will notify the person of the consular service as soon as possible.

 Article 20 notary functions

 1. A person of the consular service, in accordance with the laws of the state in which the consulate is located, must: - accept, draw up and certify applications from citizens of the state to which the representative office is located, accept, draw up and certify wills and other documents related to the property of citizens of the state to which the representative office is located, - accept, draw up and certify documents of citizens of the state that sent the representative office in connection with other legislative acts, with the exception of documents related to the establishment, seizure or restriction of rights to immovable property in the state where the consulate is located, - certify signatures and seals in legal acts and documents prepared by the authorities of the state that sent the representative office and the state where the consulate is located, , - it has the right to accept for storage acts and documents of a legal nature belonging to or addressed to citizens of the state that sent the representative office. 2.the functions referred to in Paragraph 1 of this article may be carried out in a consular institution or in another place, if the person concerned cannot come to the consular institution for a valid reason.

 Article 21 functions on property matters

1.in case of death on the territory of the state in which the consulate is located, the places of power of the last state shall submit to the Consular Office of the state in which the representative is sent all the information they have regarding the property of the deceased, about heirs, deprived of the right of inheritance, as well as about the existence of a will as soon as possible. 2. If a citizen of the state sending a representative office is an heir or a person deprived of the right of inheritance, the authorities of the state in which the consulate is located inform the consular office as soon as possible about the opening of the inheritance in the state where the consulate is located. 3.if the Consular Office has previously received information about the property specified in Paragraphs 1 and 2 from the competent authorities of the state in which the consulate is located, it shall notify these authorities as soon as possible. 4. The authorities of the state in which the consulate is located shall notify the consular office as soon as possible of what measures they have taken or are going to take in relation to the property taken into account in Paragraphs 1 and 2 of this article in order to preserve or identify it. 5.a person of the Consular Service may also, in accordance with the laws of the state in which the consulate is located,:-deal with the protection of the property rights of citizens of the state in which the consulate is located, - control the transfer of money and other property belonging to them to citizens of the state in which the consulate is located. 6. If money or other property (or documents related to the sale of property) belonging to a citizen of the state in which the consulate is located is transferred to the Consular Office for transfer to this citizen, the consular office accepts this money or other property, then all this property must be specified within the established time frame, and all taxes (duties) provided for by the laws of the country in which the consulate is located are paid or paid, also, with the consent of the authorities of the state in which the consulate is located, the transfer of money or other property from this state to the state that sent the representative office must be guaranteed. 7.if a citizen of the state sending a representative office dies during his temporary stay in this state or transit through its territory, his money and personal belongings are transferred to the consular office on a temporary basis and without any formalities. The transfer of personal belongings and money to the state that sent the representative office (with the exception of items purchased in the state where the consulate is located and prohibited for export from the country) is carried out in accordance with the laws of the state where the consulate is located. 8.the Consular Office of the state sending its representative office shall issue to the authorities or interested persons a document confirming receipt of the money or property transferred to it in accordance with paragraphs 6 and 7 of this article. 9. A citizen of the state that has sent a representative office enjoys the same rights as citizens of the state where the consulate is located in matters of acquisition and inheritance of property in the state where the consulate is located. 10.the provisions of Article 20 shall also apply to the rights and functions of the Consular Office for the property of the deceased, if they do not contradict the provisions of this article.

 Article 22 functions for sea navigation

 1.a person of the Consular Service has the right to provide maximum support and assistance to the ship of the state to which he / she has sent his / her representative in the harbor or other anchor parking lot. 2.a person of the consular service may climb aboard the ship as soon as the ship is allowed to freely communicate with the shore, and the captain and crew members of the ship may communicate with a person of the consular service. 3. A person of the consular service may seek assistance from the competent authorities of the state in which the consulate is located on any issues requiring the performance of its functions in relation to the ship of the state to which the representative is sent, the captain and crew members of this vessel. 4. A person of the consular service: - to investigate any incident that occurred during the time of parking on the road and in the regions of the ship of the state in which the consulate is located, without prejudice to the rights of the authorities of the state in which the consulate is located, to interrogate the captain of the ship and any crew member, to check the documents of the ship, to, - to resolve various disputes between the captain and any member of the crew, including disputes regarding employment contracts on the ship, without prejudice to the rights of the authorities of the state in which the consulate is located, as this is provided for by the laws of the state that sent the representative office, - to take measures to treat and return the captain of the ship or any member of the crew in the hospital, - to receive, draw up or certify any declaration or other document provided for by the laws of the state that sent the representative office to the ship, - for the right to sail under the flag of the state that sent the representation, the ship purchased or built has the right to issue a temporary certificate in accordance with the laws of the state that sent the representation. 5.in case of intention to take any coercive action or initiate any official investigation on board the ship of the state to which the representative office was sent by the vessels or other authorities of the state in which the consulate is located, the authorities of the state in which the consulate is located shall notify the person of the consular service. Such an announcement is made before the start of such actions, so that the person of the consular service can participate in the implementation of such actions. If a person of the consular service is not able to participate, then at his request, the authorities of the state in which the consulate is located provide him with detailed information on the issue. The consular service person will also be notified if the captain of the ship or any member of the crew is interrogated by the authorities of the state where the consulate is located on the coast. The provisions of this paragraph do not apply to the usual passport, Customs and sanitary control, as well as to any actions undertaken at the request or consent of the captain. 6. If the ship of the state in which the consulate is located has an accident, got on the shelf or went ashore in the state where the consulate is located, or if there is any other accident, or any item that is the property of a citizen of the state in which the representative is sent, which is part of the cargo of the ship in an accident, is found on the coast or near the coast of the state in which the consulate is located, or is delivered to the harbor of this state, the authorities of the state in which the consulate is located shall notify the person of the consular service as soon as possible. They also inform the person of the consular service about the measures taken to rescue members of the ship's crew, passengers, cargo, other property on board the ship and items belonging to the ship or constituting part of its cargo separated from the ship. 7.a person of the Consular Service may provide maximum assistance to the crew members and passengers of such a vessel; for this purpose, he may go to the authorities where the consular office is located, which, in turn, will provide the necessary assistance to the person of the consular service. A person of the consular service may take measures to repair the ship or go to the authorities of the state in which the consulate is located to assist himself in the implementation of such measures, or to take or continue to take such measures by the authorities. 8. If a shipwreck or any item belonging to such a ship is found off the coast or near the coast of the state in which the consulate is located, or is delivered to the harbor of that state, and neither the captain of the ship, nor the owner, nor its agent, nor the relevant insurers are able to take measures to preserve or dispose of such a ship or thing, then the consular service person is considered authorized to take such measures on behalf of the owner as the owner himself takes for such purposes. This rule applies to any item that is the property of a citizen of the state to whom the ship sent part of the cargo and a representative office, respectively. 9. If any item constituting a part of the cargo of a third ship of the wrecked state is the owner of a citizen of the state whose representative has sent it and is found on the coast or near the coast of the state in which the consulate is located, or is delivered to the harbor of that state and neither the captain of the ship, nor the owner of the thing, nor its agent, the relevant insurers cannot take measures to preserve or dispose of such item, then the person of the consular service is authorized to take measures on behalf of the owner as the owner himself.

 Article 23 functions related to aircraft

 The provisions of Article 22 of this convention shall also apply to aircraft, respectively, without prejudice to other applicable agreements between the two states.

 Article 24 other consular functions

 A person of consular service may perform other consular functions not specified in this convention, assigned to him by the state to which the representative is sent, if the state in which the consulate is located, where these functions must be notified, has permission or no objection to their performance.

 SECTION IV

Benefits and immunities

 Article 25 ensuring the work of the Consular Office

The state in which the consulate is located shall take all necessary measures to ensure the conditions for the normal activities of the consular institution, as well as measures so that members of the staff of the consular institution can perform their functions and enjoy the privileges and immunities provided for by this convention.

 Article 26 use of the national flag and coat of arms

1.the coat of arms of the state that sent the representative office and the consular board with the name of the consular office written in the language of the state that sent the representative office and the language of the state in which the consulate is located are attached to the building of the consular office. 2.on the building of the Consular Office, the residence of the head of the consular office, as well as on vehicles used in the performance of official functions, the flag of the state that sent the representative office shall be hung. 3.when exercising the rights granted by this article, the laws, rules, norms and customs of the country in which the consulate is located must be observed.

 Article 27 purchase of premises

1.the state sending the representative office has the opportunity to purchase or lease land plots, buildings or part of buildings for ownership in accordance with the conditions and form established by the state in which the consulate is located, erect buildings and beautify land plots for the arrangement of consular premises, as well as residential premises of members of the staff of the consular institution. 2. The state in which the consulate is located assists in the purchase of land plots, buildings or part of the building by the state that sent the representative office for the purposes specified in Paragraph 1, or in another form assists the state that sent the representative office in the purchase of premises. 3.the provisions of this article do not exempt the state that sent the representative from the need to comply with the laws and regulations of the state in which the consulate for construction and urban planning is located, applicable in the area where the relevant land plots, buildings or parts of the building are located.

 Article 28 personal inviolability

1.persons of the consular service, consular staff and family members living with them shall enjoy the right of personal inviolability. They are not subject to arrest or detention, be they in any form. These rules do not apply to persons referred to in Article 45 of this convention. 2. The state in which the consulate is located is obliged to treat the persons, employees of the consular service and family members living with them with due respect and take all appropriate measures to prevent any damage to their identity, freedom or dignity.

 Article 29 inviolability of the consular premises and the residence of the head of the consular office

1.consular premises and the residence of the head of the consular institution are inviolable. 2.the places of power of the state in which the consulate is located may not enter the consular premises of the head of the Consular Office of the state to which the representative office is sent without the consent of the head of the diplomatic mission of that state or the person appointed as one of them. As this rule also applies to the residence of the head of the consular office. 3. The state in which the consular office is located takes the necessary measures to ensure the safety of the consular premises and prevent the possibility of violent entry into or damage to the consular premises, as well as any actions capable of damaging the dignity of the consular office. 4. Property used for the performance of consular functions of the state sending the representative office, including vehicles, regardless of belonging to any person, is not subject to requisition, seizure or other form of influence that interferes with the effective functioning of the Consular Office, vehicles are not subject to search by the authorities of the state in which the consulate is located outside the consular office, except in cases where the head of the consulate or the head of the diplomatic mission agrees to this.

 Article 30 exemption from taxes and fees of the Consular Office of the state sending the representative office

 1. Consular institution of the state of sending the representative office in the state where the consulate is located: - land plots, buildings or parts of the building that are the property of the consular institution of the state of sending the representative office or are leased by it or on its behalf and used for consular purposes or for persons of the consular service of the consular office, employees of the consular office and service personnel of the consular office, except for payments for specific types of services, - if the Consular Office of the sending state purchases for consular purposes only, the above - mentioned immovable property shall be exempt from any taxes and fees, state or local, on transactions and documents relating to the acquisition, - any movable property, including vehicles owned, owned or used by the Consular Office of the sending state and used only for consular purposes.

 Article 31 inviolability of consular archives

Consular archives are recognized as inviolable at any time and regardless of their location.

 Article 32 freedom of communication

1.A Consular institution has the right to interact with the government, diplomatic missions and consular offices of the state in which the consulate is located or other states that have sent its representative office. To do this, the state in which the consulate is located provides the necessary conditions. The consular institution can use all the usual types of communication, ciphers, diplomatic and consular couriers, diplomatic and consular valises. 2. In the case of using conventional means of communication, the consular office also applies tariffs that apply to diplomatic missions. The consular office may install and use a radio transmitter only with the consent of the state in which the consulate is located. 3.consular archives and official correspondence of a consular institution with visible external signs indicating their official character, regardless of what means of communication they use, are not subject to control and are not detained by the authorities of the state in which the consulate is located, are not inviolable. 4. A consular Courier must be a citizen of the state in which the consulate is located, who does not permanently reside in the state in which the consulate is located. The consular Courier is protected by the state in which the consulate is located in the performance of its duties on the territory of the state in which the consulate is located, and enjoys the same rights, privileges and immunities as diplomatic couriers. 5.consular valise may be entrusted to the commander of the ship or aircraft. This commander will be equipped with an official document indicating the number of places that make up the valise, but he will not be considered a consular Courier. A person of the Consular Service receives a consular valise directly and unobtrusively from the commander of the ship or aircraft, and also issues such a valise to him.

 Article 33 freedom of movement

A person of the consular service, a consular employee or an employee of the service personnel has the right to move freely throughout the territory of the state in which the consulate is located, except in areas where visits are prohibited or restricted.

 Article 34 consular fees and duties

1.the Consular institution shall collect consular fees in accordance with the laws and regulations of the state in which the consulate is located, sending its representative office on the territory of the state in which the consulate is located. 2.these fees are not subject to taxes from the state in which the consulate is located.

 Article 35 immunity of a consular service person from jurisdiction

 1.a person of Consular Service has immunity from the criminal jurisdiction of the state in which the consulate is located. He will also have immunity from jurisdiction in civil and administrative cases, which includes: - in respect of personal real estate located on the territory of the state where the consulate is located, only if the person of the consular service does not own it for consular purposes on behalf of the state to which the representative is sent,-in respect of the inheritance actions of the person of the Consular Service, acting as an individual, not on behalf of the state to which the representative is sent, , - civil claims against a third party arising from a contract concluded by a person of the Consular Service, who has not directly or indirectly assumed obligations as a representative of the state to which he / she has sent his / her representative, shall not apply - for damage caused as a result of an accident in the state where the consulate is located, caused by road vehicles. 2. No enforcement measures are taken against a person of the consular service, except in cases related to the above-mentioned subparagraphs of Paragraph 1 of this article, in which the relevant measures are taken only in such a way as to violate the inviolability of their identity or their residential premises.

 Article 36 immunity of an employee of a consular office from jurisdiction

An employee of a consular institution has immunity from criminal jurisdiction in the state where the consulate is located. It also has immunity from the jurisdiction of the state in which the consulate is located only for actions related to the performance of its official duties in civil and administrative cases referred to in Article 35 of this convention. These rules do not apply to persons referred to in Article 45 of this convention.

 Article 37 immunity of the service personnel officer

An employee of service personnel has immunity from the criminal, administrative and civil jurisdiction of the state in which the consulate is located only for actions related to the performance of his official duties. These rules do not apply to persons referred to in Article 45 of this convention.

 Article 38 immunity of family members from jurisdiction

In respect of persons of the consular service, employees of the consular office and employees of service personnel, the immunities provided for in Articles 35, 36 and 37 of this convention shall apply, respectively, to family members living with them.

 Article 39 witness interrogation

1.the administrative bodies of the state in which the consulate is located May apply to a person of the consular service, an employee of the consular office or an employee of the service personnel with a request for a witness answer in criminal and administrative proceedings. A person of the consular service may refuse to answer to the courts and other authorities of the state in which the consulate is located, and no coercive measures are applied to him. 2. An employee of a consular institution and an employee of service personnel do not have the right to refuse to give a witness's answer, except for issues related to the performance of official duties. 3.places of government that interrogate witnesses of members of the staff of the Consular institution should refrain from interfering in their affairs related to their official work. Such responses, when this is possible and consent is given to it, can be made orally or in writing in the consular office or in the residential premises of members of the staff of the consular office, but this process should not interfere with the performance of his official duties by this person. 4.a person of the consular service who has agreed to give a witness's answer has the right to make a solemn promise instead of an oath.

 Article 40 exemption from compulsory liability and other obligations

Members of the staff of the consular institution and family members living with them are exempt from all types of compulsory obligations in the state where the consulate is located. The provisions of this article do not apply to persons referred to in Article 45 of this convention.

 Article 41 exemption of members of the staff of the Consular Office from taxes and fees

1.persons and employees of the consular service of the Consular institution, as well as their family members living with them, are exempt from all taxes and fees, both state and local, in the state where the consular institution is located. 2. The exemptions provided for in Paragraph 1 of this article shall include:-indirect taxes usually included in the price of goods or services, - taxes and fees for personal real estate in the state where the consulate is located, - taxes and fees for inheritance and acquisition of property in the state where the consulate is located, except as provided for in Article 43 of this convention, - in addition to wages, taxes and fees on personal income from financial sources in the state where the consulate is located, transactions and documents, taxes and fees related to these transactions, including all types of duties imposed or levied in connection with such transactions, - payments for specific types of services. 3. Service personnel employees are exempt from paying all taxes levied by the country where the consulate is located in relation to the salary they receive for the performance of their official duties. 4.members of the staff of a consular Institution who use personal service personnel whose income is not exempt from income tax in the country where the consulate is located must respect the provisions of the law in the state where the consulate is located regarding the procedure for paying income tax by these persons. 5.the provisions of Paragraphs 1 and 3 of this article shall not apply to the persons referred to in Article 5 of this convention.

 Article 42 exemption from Customs Control and duties

1.the state sending the representative office is allowed to import and later remove all things, including cars intended for official use by the consular office, excluding fees for storage, transportation and such activities in the state of the consulate, without customs control and without paying duties and other fees imposed on the import and export of property by the state in which the consulate is located. 2. A person of the consular service is allowed to import and later remove baggage, personal belongings and other items from the state of the consulate, including cars intended for his / her personal use or use by family members living with him / her, without customs control, without paying duties and fees for the import and export of property in the state where the consulate is located. 3. An employee of a consular institution or an employee of service personnel shall enjoy the rights specified in Paragraph 2 of this article in relation to items imported in connection with their initial assignment to work. 4.this article shall not be considered as a permit to import or remove from the state in which the consulate is located items prohibited by the laws of the state in which the consulate is located. 5.personal baggage of a person of the Consular Service is not subject to customs inspection. Personal baggage can be checked only if there are significant reasons to suspect the presence of any substances in the mixture referred to in Paragraph 2 of this article, or if there are items that are prohibited for import or export under the laws and regulations of the country where the consulate is located, or are subject to quarantine. In such a case, the check is carried out in the presence of this consular service person or his family member. If the consular service person refuses to consent to the inspection of their personal baggage, the baggage is returned later.

 Article 43 property of the deceased member of the consular staff

 In the event of the death of a member of the consular staff or a family member living with him, the state in which the consulate is located: - permits the departure of the movable property of the deceased, except for items purchased in the country where the consulate is located, prohibited for export at the time of death, - the movable property of the deceased is exempt from any taxes and fees if the property is located in the state where the consulate is located, due to the fact that the deceased is in the nature of a member of the consular staff or a family member in the country where the consulate is located.

 Article 44 refusal of immunities

1.the state sending the representative office may waive the immunity of a member of the staff of a consular institution and family members living with him, depending on the jurisdiction. The refusal must also be made in a certain written form in all cases. A waiver of immunity in civil cases, depending on the jurisdiction, does not imply a waiver of immunity in relation to the execution of the decision, for which a special waiver is required. 2. In accordance with Articles 35, 36, 37 and 38 of this convention, a consular service person or other person exercising jurisdiction-related immunity in the state in which the consulate is located has no right to refer to jurisdiction-related immunity in respect of any counterclaim directly related to the main claim, if a claim is made in a case in which

 Article 45 exceptions to the privileges and immunities

With the exception of Paragraph 2 of Article 39 and Article 43, the privileges and immunities provided for in this convention shall not apply to members of the consular staff, as well as to family members living with them, if these persons are citizens of the state in which the consulate is located or permanently reside in it.

 Article 46 the beginning and end of the validity period of immunities and privileges

1.a person of the Consular Service, an employee of the consular office or an employee of the service personnel shall enjoy the immunities and privileges provided for by this convention from the moment of crossing the border of the country in which the consulate is located, or from the moment he / she takes office in the state in which the consulate is located, in order to begin his / her duties. 2. Persons of family members to whom paragraph 1 of this article applies shall enjoy the immunities and privileges provided for by this convention:-from the moment a person of the consular service, an employee of the consular office or an employee of the service personnel acquires the right to immunities and privileges in accordance with paragraph 1 of this article, - from the moment 3. After the expiration of the term of office of a person of consular service, an employee of a consular office or an employee of Service Personnel, his immunities and privileges, as well as the immunities and privileges of his family members, are terminated from the moment of departure outside the country where the consulate is located or after a reasonable time has elapsed 4. Also, the immunities and privileges of family members are terminated from the moment when a person of the Consular Service, an employee of the consular office or an employee of the service personnel are not considered family members. However, if this person undertakes to leave within a reasonable period of time in the state where the consulate is located, he / she will enjoy immunities and privileges until he / she leaves the country where the consulate is located. 5. In the event of the death of a consular service person, consular officer or service personnel officer, his / her family members shall continue to enjoy the immunities and privileges granted by this convention until the moment of departure from the state in which the consulate is located or until the expiration of the reasonable period allotted for this purpose.

 Article 47 insurance against damage to third parties

All persons granted privileges and immunities under this convention are obliged to comply with any requirement provided for by the laws and regulations of the state in which the consulate is located regarding statutory insurance of any road transport vehicle that may be brought to third parties in connection with the use of a ship or aircraft.

 Article 48 performance of consular functions by members of diplomatic staff

In the state where the consulate is located, the performance of consular functions by a member of the diplomatic staff of a diplomatic mission is carried out without prejudice to his diplomatic immunities and privileges. As a similar condition applies to a member of a diplomatic mission who temporarily heads the consular office.

 Article 49 compliance with the laws of the country where the consulate is located

1.all persons granted privileges and immunities in accordance with this convention shall, without prejudice to their privileges and immunities, respect the laws and regulations of the state in which the consulate is located and refrain from interfering in its internal affairs. 2.benefits, privileges and immunities granted to persons of the Consular Service, consular staff and employees of service personnel shall be used by them only for the purpose of performing their official functions. 3.consular premises are used only for consular purposes. 4. Only documents and items of an official nature are stored in the consular archives.

 Article 50 appointment of Honorary Consuls

When appointing honorary consuls, each state will be guided by the relevant articles of the Vienna Convention on Consular Relations of 1963.

 Section Y final resolutions

 Approval, entry into force and expiration of Article 51

1.this convention shall be subject to ratification and shall enter into force on the thirtieth day after the exchange of certificates of ratification and remain in force for an indefinite period. 2.each state may cancel the convention at any time by submitting a written notification to another state six months in advance. In this case, after six months from the date of cancellation, the agreement ceases to be valid. In Bucharest, on September 21, 1998, two copies were made, each in Kazakh, Romanian and Russian, and all texts are equally valid. If there is a difference of opinion in the interpretation of texts in Kazakh and Romanian, the text in Russian is used.

For the Republic of Kazakhstan for Romania

President

Republic of Kazakhstan

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