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

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The Law of the Republic of Kazakhstan dated October 18, 1996 No. 40-1

To ratify the Consular Convention between the Republic of Kazakhstan and the Republic of Hungary, signed in Almaty on March 9, 1995.

President of the Republic of Kazakhstan

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

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on January 17, 1998)

The Republic of Kazakhstan and the Republic of Hungary, hereinafter referred to as the Contracting Parties, expressing their will to strengthen friendship and develop mutually beneficial cooperation, guided by the intention to regulate and further develop consular relations between the two countries, based on the provisions of the Vienna Convention on Consular Relations, signed in Vienna on April 24, 1963, decided to sign this Convention and agreed as follows:

 Section I Definitions

Article 1 1. For the purposes of this Convention, the following terms have the following meanings: (a) "consular post" means the consulate general, the consulate, the vice-consulate and the consular agency; (b) "consular district" means the area assigned to the consular post for the performance of consular functions; (c) "head of the consular post" means the person charged with acting in in this capacity; (d) "Consular officer" means any official, including the head of a consular post, who is entrusted in this capacity with the performance of consular functions; (e) "employee of a consular post" means any person who performs administrative, technical or service duties at a consular post; (f) "private domestic worker" means a person who employed exclusively in the private service of a consular officer or an employee of a consular institution; g) "family member" means the spouse and minor child of a consular officer or an employee of a consular institution living with him, provided that they are not citizens of the host country; h) "consular premises" means buildings or parts of buildings used exclusively for the purposes of the consular institution and the land plot serving them, including also the residence of the head of the consular institution, regardless of who owns the ownership of them; (i) "Consular archive" includes all correspondence, documents, books, films, sound recordings and registers of the consular institution, together with ciphers and codes, card files and any items intended to ensure their safety and storage; (k) "ship" means any vessel authorized to sail under the flag of the sending State and registered in (k) "Aircraft" means any means of air transport authorized to use the identification marks of the represented State and registered in the represented State. 2. There are two categories of consular officials, namely full-time and honorary. The provisions of this Convention shall apply to honorary consular officials and the consular institutions headed by them in conjunction with the provisions of the Vienna Convention on Consular Relations, signed in Vienna on April 24, 1963. 3. The provisions of this Convention, which apply to nationals of the sending State, should appropriately apply to legal entities and other entities that do not have the right of a legal entity, but are established in accordance with the legislation of the sending State and are located in the same State.

 Section II Opening of a consular post and appointment of consular officials

Article 2 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 with the general consent of the sending State and the receiving State.  

Article 3 1. The head of the consular institution is appointed by the sending State and is allowed to perform his functions by the receiving State. 2. The sending State shall send a consular patent on the appointment of the head of the consular institution to the Ministry of Foreign Affairs of the receiving State. The patent specifies the surname and first name, nationality, rank of the head of the consular post, the consular district in which the consular functions will be performed, and the location of the consular post. 3. As soon as the patent on the appointment of this person as head of the consular institution is granted, the receiving State issues to him, as soon as possible, a permit (executive officer) allowing him to perform his functions. 4. Before issuing an executive order, the receiving State may give the go-ahead for the head of the consular institution to be temporarily allowed to perform his functions. In such a case, the provisions of this Convention shall apply. 5. The head of the consular institution may begin to perform his functions after being granted an executive order by the receiving State. 6. The competent authorities of the receiving State, as soon as the head of the consular institution is allowed even temporarily to perform his functions, will take the necessary measures to enable him to perform the duties of his position and enjoy the benefits arising from this Convention.

 Article 4 1. Immediately after arrival, the sending State shall inform the Ministry of Foreign Affairs of the receiving State of the surname, first name, nationality, rank and position of the consular officer appointed to the consular institution other than by the head of the consular institution, as well as the surnames, first names, and position of the staff of the consular institution. 2. The receiving State shall, free of charge, issue to each consular official a document certifying that the person in question has the right to perform consular functions in the territory of the receiving State.  

Article 5 1 . Consular officials must necessarily be citizens of the represented State. 2. Consular officials may not be appointed from among the nationals of the receiving State or a third State, except with the express consent of these States, and this consent may be revoked at any time.

 Article 6 The receiving State may at any time, without being obliged to give reasons for its decision, notify the sending State of the cancellation of the exequatur for the performance of functions by the head of the consular post or that the consular officer or employee of the consular post is unacceptable. In such a case, the sending State is obliged to recall the head of the consular post, the consular officer or the employee of the consular post. If the sending State does not fulfill its obligations within a reasonable period of time, the receiving State may revoke the exequatur of such a person or cease to consider him a consular officer or an employee of a consular institution.  

Article 7 The sending State may, after notifying the States concerned, entrust a consular post established in one State with the performance of consular functions in another State, unless there is a clearly expressed objection from any of these States.

 Article 8 Upon 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 a third State.

Section III Advantages, privileges and immunities

Article 9 The receiving State shall ensure the protection of the consular officer and shall take the necessary measures to enable the consular officer to perform his functions and enjoy the rights, privileges and immunities provided for in this Convention and the legislation of the receiving country. The receiving State must take the necessary measures to protect the premises of the consular institution and the apartments of consular officials.  

Article 10 1. If the head of the consular post is unable to perform his functions or if the post of head of the consular post is vacant, the sending State may appoint an interim head of the consular post. 2. The full name and surname of the acting head of the consular institution shall be communicated to the Ministry of Foreign Affairs of the receiving State by the diplomatic mission or any competent authority of the sending State. As a rule, this message is made in advance. 3. The receiving State provides assistance and protection to the acting head of the consular institution. As long as he performs the functions of head of a consular post, he shall be subject to the provisions of this Convention on the same basis as the head of the relevant consular post. 4. If, in accordance with the provisions of paragraph 1 of this article, a member of the diplomatic staff of a diplomatic mission or a diplomatic employee of the Ministry of Foreign Affairs of the sending State is appointed acting head of a consular post, he/she shall continue to enjoy diplomatic privileges and immunities, provided that the receiving State does not object to this.  

 Article 11 1. The sending State, in accordance with the legislation of the receiving State, has the right on the basis of reciprocity: 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 apartments of officials and employees of the consular post; b) to build buildings or bring buildings into a condition suitable for for the purposes of a consular post on a piece of land provided for use; c) dispose of the acquired property right. 2. The receiving State, if necessary, shall assist the consular institution in obtaining the premises and apartments necessary for the consular institution for consular officials or 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 urban planning, architectural construction and monument protection in the area of the land on which the building or part of the building is located or will be located.

Article 12 1. A consular shield with the national emblem of the sending State and the name of the consular institution in the language of the sending State and the receiving State may be affixed to the building occupied by the consular institution. 2. The national flag of the represented State may be displayed on the building of the consular institution, as well as on the residence of the head of the consular institution. 3. In the performance of official duties, the head of the consular institution may also display the national flag ole 12 1. A consular shield with the national emblem of the sending State and the name of the consular institution in the language of the sending State and the receiving State may be affixed to the building occupied by the consular institution. 2. The national flag of the represented State may be displayed on the bof the consular institution, as well as on the residence of the head of the consular institution. 3. In the performance of official duties, the head of the consular institution may also display the national flag on his vehicles.

 Article 13 1. Buildings or part of a building and a piece of land serving them, used exclusively for the purposes of a consular post, are inviolable. The authorities of the receiving State may not enter a building or part of a building or a plot of land serving them that is used exclusively for the purposes of a consular post, except with the permission of the head of the consular post, a person designated by him or the head of the diplomatic mission of the sending State. 2. The premises of the consular institution, their furnishings and property, as well as the vehicles of the consular institution, enjoy immunity from search, confiscation and any kind of requisition or judicial execution. 3. The provisions of paragraphs 1 and 2 of this article shall also apply to the apartments of consular officials.  

 Article 14 The Consular Archive is inviolable at any time and regardless of its location.  

 Article 15 1. The receivingrticle 15 1. The receiving State shall ensure and protect the freedom of communication of the consular institution for all official purposes. The consular post may use all appropriate means of communication, including consular couriers and encrypted dispatches, when communicating with the Government of the sending State, its diplomatic missions, and consular offices, wherever they are located. However, the consular institution may install and use 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. 3. The consular bag is not subject to opening or detention. In the event that the competent authorities of the receiving State have serious grounds to believe that the bag contains something other than the correspondence, documents or objects referred to in paragraph 4 of this article, they may require that the baIn the event that the competent authorities of the receiving State have serious grounds to believe t the bag contains something other than the correspondence, documents or objects referred to in paragraph 4 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 its place of departure. 4. All items that make up a consular bag must have visible external signs indicating their nature, and may contain only consular correspondence, including both documents and items intended exclusively for official use. 5. The consular courier is provided with an official document indicating his status and the number of places that make up the consular bag. When performing their functions, the consular courier is under the protection of the receiving State, enjoys personal inviolability and is not subject to any form of arrest or detention. 6. The sending State or consular institution m performing their functions, the consular courier is under the protection of the receiving State, enjoys personal inviolability and is not subject to any form of arrest or detention. 6. The sending State or consular institution may also appoint consular courier officers. In such a case, the provisions of paragraph 5 of this article shall also apply, with the exception that the immunities referred to therein shall cease at the time when the consular bag entrusted to him is delivered by the courier to its destination. 7. The consular bag may be entrusted to the aircraft commander. The commander of the aircraft is provided with an official document indicating the number of seats that make up the valise, but he is not considered a consular courier. The consular post may send one of its employees to directly receive a consular bag from the aircraft commander or to transfer such mail to him.

Article 16 The identity of a consular official and an employee of the consula Article 16 The identity of a consular official and an employee of the consular institution of the latter shall be inviolable in the performance of their official duties. According to this, they are not subject to arrest or any other form of detention. The receiving State is obliged to treat them with due respect and take all appropriate measures to prevent any encroachments on their personality, freedom and dignity.

Article 17 1. A consular officer is not subject to the criminal, civil and administrative jurisdiction of the receiving State, except in the cases specified in paragraphs 1 and 3 of article 31 of the Vienna Convention on Diplomatic Relations, signed in Vienna on April 18, 1961. 2. An employee of a consular institution enjoys the privileges and immunities set out in articles 29-35 of the Vienna Convention on Diplomatic Relations, signed on April 18, 1961, with the exception that his immunity from the criminal, civil and administrative jurisdiction of the receiving State does not extend to acts performed outside the performance of official functions. 3. The provisions of paragraph 2 of this article shall not apply in relation to a civil claim: a) arising from a contract concluded by an employee of a consular institution under which he has not directly or indirectly assumed obligations within the framework of a representative office of the sending State; b) a third party for damage caused by an accident in the receiving State caused by a vehicle. 4. Family members of a consular officer and an employee of a consular post who live with them have the same immunities from the jurisdiction of the host country and enjoy the same personal inviolability as consular officials and employees of the consular post. 5. The sending State may waive the immunity from the jurisdiction of a consular officer, an employee of a consular institution and their family members. The refusal must be clearly expressed and submitted in writing. Waiving immunity from jurisdiction in civil and administrative matters does not mean waiving immunity from the enforcement of court decisions, for which a separate written waiver is required. 6. If a person who has immunity from the jurisdiction of the receiving State in accordance with the provisions of this article initiates a claim, he or she shall lose the right to invoke immunity from jurisdiction in respect of a counterclaim directly related to the main claim.

Article 18 1. A consular official is not obliged to give evidence. 2. An employee of a consular institution is not obliged to give evidence on matters related to the performance of his official functions. 3. In the event that a consular official or an employee of a consular institution gives evidence, no coercive measures may be applied to him by the receiving State. The procedure of giving evidence should not interfere with the work of the consular institution. 4. The provisions of this article also apply to family members of consular officials and employees of consular institutions who live with them and are not citizens of the receiving State.  

 Article 19 A consular officer and an employee of a consular institution in the receiving State are exempt from all personal and social labor duties, as well as from military duties such as conscription, requisition and military station.  

 Article 20 A consular officer and an employee of a consular institution are exempt from all duties provided for by the laws and regulations of the receiving State regarding registration, obtaining a residence permit or permanent residence, and other duties of foreigners of a similar nature. Article 21 1. The sending State in the receiving State is exempt from the taxation and payment of all types of taxes or similar charges: - in respect of land plots, buildings or parts of buildings that serve solely for the purpose of performing consular work, including also apartments of consular officials and employees of the consular institution owned or leased by the sending State, or acting on its behalf name of a natural or legal person; - in relation to a contract for the purchase of such real estate or other documents, if the sending State acquires this property solely for consular purposes. 2. The provisions of paragraph 1 of this article do not apply to payments for services.  

 Article 22 The receiving State shall not impose any taxes or fees and shall not levy any taxes or fees on movable property owned, owned and used by the sending State, as well as on the acquisition of movable property of this nature.  

 Article 23 A consular officer and an employee of a consular institution in the receiving State are exempt from paying all taxes or any similar charges imposed and levied by the receiving State on labor income earned for the performance of official duties.  

 Article 24 A consular officer and an employee of a consular post are exempt from all state, regional and local taxes and fees, with the exception of: a) indirect taxes, which are usually included in the cost of goods and services; b) taxes and fees on private immovable property located in the territory of the receiving State, with the exceptions provided for in article 21 of this Article. Convention; c) taxes and fees provided for in the receiving State on inherited property and on the transfer of inherited property; (d) Taxes and fees on private income, including income from capital, the source of which is located in the receiving State; (e) Registration, judicial and registry fees, mortgage and stamp duties, with exceptions provided for in the provisions of article 21 of this Convention; (f) fees levied on specific types of services.

Article 25 1.The receiving State, in accordance with the laws and regulations adopted therein, permits the importation and exempts from all customs duties, taxes and related charges, with the exception of charges for storage, transportation and similar services: a) items intended for official use by the consular institution; b) items intended for personal use by the consular institution. an official, an employee of the consular institution, as well as members of their families living with them, including items for their acquisition. 2. The personal baggage of a consular official shall be exempt from customs inspection, except in cases where there are serious grounds to believe that it contains items that are not subject to the provisions of paragraph 1 of this article, or items whose import and export is prohibited by the laws and regulations of the receiving State or which are subject to a quarantine ban. Such a customs inspection is carried out in the presence of a consular officer or a representative authorized by him.  

 Article 26 All persons to whom this Convention grants privileges and immunities are obligated, without prejudice to their privileges and immunities, to respect the laws and regulations of the receiving State, including traffic regulations, as well as regulations on vehicle insurance.

Article 27 In order to carry out their official activities in the consular district, a consular officer and an employee of a consular institution must be provided with freedom of movement, unless this contradicts the laws and regulations of the receiving State prohibiting or regulating entry and stay in certain areas for reasons of national security. However, in all cases, the receiving State is obliged to ensure that the consular officer is able to perform his official functions.  

 Article 28 Provisions of the articles 18, 19, 20, 21, 23, 24, 25 This Convention applies to family members of a consular officer and an employee of a consular institution living with them, if they are not citizens of the receiving State or do not permanently reside in the receiving State.

Section IV Consular functions  

Article 29 1. A consular officer performs the consular functions listed in articles 29-43 within his consular district. In addition, a consular officer may perform other official consular functions if they do not contradict the legislation of the receiving State. 2. In cases where the sending State does not have a diplomatic mission in the receiving State, the sending State may authorize a consular official to perform diplomatic functions. Performing such functions does not entitle him to enjoy diplomatic privileges and immunities. 3. Upon notification to the receiving State, a consular officer may be authorized to act as a representative of the sending State to any intergovernmental organization. Acting in this capacity, the said person has the right to enjoy all the privileges and immunities granted to such a representative by customary international law or international treaties. However, with regard to the performance of any consular function, a consular official is not entitled to greater immunity from jurisdiction than that to which he is entitled on the basis of this Convention. 4. In the course of performing his/her functions, a consular official may apply in writing or orally to the competent authorities of the consular district, as well as to the central authorities of the receiving State, to the extent permitted by the laws, regulations and customs of the receiving State. 5. A consular official, in accordance with the legislation of the sending State, has the right to collect consular fees and duties, the proceeds from these fees are exempt from all taxes and fees in the receiving State.  

 Article 30 A consular official within his consular district has the right to: a) protect the rights and interests of citizens and legal entities of the sending State; b) promote the development of trade, economic, scientific, technical, cultural, humanitarian, and tourist ties between the sending State and the receiving State, as well as promote the development of relations between them in other ways.

Article 31 1. A consular officer within his consular district has the right to: a) keep records of citizens of the sending State; b) accept any applications for citizenship; c) receive and register notifications of the birth and death of citizens of the sending State; d) register marriages and their dissolution in accordance with the legislation of the sending State provided that both persons are citizens of the represented State; e) to accept applications from citizens of the represented State about their marital status. 2. The consular officer must inform the competent authorities of the receiving State of the implementation of the acts listed in subparagraphs b, c and d of paragraph 1 of this article, if required by the laws and regulations of the receiving State. 3. The provisions of sub-paragraphs b, c and d of paragraph 1 of this article do not relieve interested persons from their obligations to comply with the regulations provided for by the laws and regulations of the host State.  

 Article 32 A consular official has the right to: a) issue, renew and cancel passports of citizens of the represented State, extend their validity period and put the necessary marks on them; b) issue the necessary entry documents to persons wishing to visit the represented State and make appropriate notes on changes; c) issue visas.

Article 33 A consular official has the right to perform the following acts: a) accept, execute in writing and certify applications from citizens of the represented State; b) execute in writing, certify and keep wills of citizens of the represented State; c) execute in writing and certify a transaction between citizens of the represented state, provided that such a transaction does not contradict laws and regulations the host State. However, a consular official cannot execute and certify in writing such a transaction, which concerns the establishment or transfer of material rights to real estate located in the receiving State; d) execute and certify in writing a transaction between citizens of the sending State and citizens of the receiving State, provided that it is enforceable and has legal consequences exclusively in the sending State, as well as provided that such a transaction does not contradict the laws and regulations of the host State.; e) certify official documents, as well as their copies, translations and extracts; f) certify the signature of a citizen of the represented state on various documents, if their contents do not contradict the laws and regulations of the receiving state; g) accept documents and valuables from citizens of the represented state or for them, if this does not contradict the laws and regulations of the receiving State; e) perform other acts within the competence of the consular officer, if they do not contradict the laws and regulations of the receiving State.  

 Article 34 Documents executed in writing, certified or translated by a consular official, in accordance with article 33 of this Convention, have the same legal and evidentiary force in the receiving State as documents executed in writing, translated and certified by the competent authorities of the receiving State.  

Article 35 A consular officer has the right to make an adoption, recommend and appoint a guardian or trustee in accordance with the laws and regulations of the receiving State.  

Article 36 1. The functions of a consular official in matters of hereditary property are regulated by applicable international agreements. 2. The competent authorities of the receiving State shall promptly inform the consular officer of the death of a citizen of the sending State and send a death certificate and other documents related to the death. 3. The competent authorities of the receiving State shall inform the consular officer of the discovery of hereditary property in the receiving State if the heir or the person to whom the inheritance is bequeathed is a citizen of the sending State. This also applies to cases when the competent authorities of the receiving State receive information that hereditary property has been opened in the territory of a third State in favor of a citizen of the sending State.

Article 37 A consular officer has the right in his consular district to represent a citizen of the represented State before the authorities of the receiving State if this citizen is absent or for any other reason is unable to defend his rights and interests in a timely manner. Such representation remains in place until the person being represented appoints his or her authorized representative or takes upon himself or herself to protect his or her rights and interests.

Article 38 1. A consular officer in his consular district has the right to meet and communicate with citizens of the sending State, to give them advice and provide any assistance, including taking measures to provide legal assistance. 2. The competent authorities of the receiving State must immediately, but not later than three calendar days, notify the consular officer of the sending State of the arrest, detention or restriction of personal freedom in any other form of a citizen of the sending State. 3. The competent authorities of the receiving State must immediately, but no later than four calendar days after the arrest, detention or restriction of personal freedom in any other form, provide the consular officer with the opportunity to visit or contact the arrested, detained or imprisoned citizen of the sending State. 4. The rights referred to in paragraphs 1-3 of this article must be exercised in accordance with the laws and regulations of the receiving State, however, these laws and regulations do not invalidate these rights. 5. The competent authorities of the receiving State must immediately notify the consular officer of the situation concerning a citizen of the sending State if he is unable to contact the consular officer.  

 Article 39 The receiving State shall promptly notify the consular officer of changes in the current legislation affecting the rights or legitimate interests of citizens of the sending State.

Article 40 1. A consular officer has the right to provide any assistance and assistance to the vessels of the sending State in the ports, territorial and internal waters of the receiving State. 2. A consular officer may board the ship, and the ship's captain, crew members, and passengers may contact the consular officer as soon as the ship is authorized to communicate freely with the shore. 3. A consular officer may seek assistance from the competent authorities of the receiving State in any matter related to the performance of his functions in relation to ships of the sending State, captains and crews, as well as passengers of these vessels.

Article 41 A consular officer in his consular district has the right to: a) investigate any event that occurred with the vessels of the represented State during navigation and parking in the port, interview the captain and crew members, as well as passengers of the vessel of the represented State, check the ship's documents, receive information about the direction and destination of the vessel, facilitate the entry of the vessel into the port, its stay in the port, its exit from the port, in accordance with the laws and regulations of the host state; b) resolve disputes of any kind between the ship's captain and crew members, including disputes related to wages and an employment contract, provided that this does not infringe on the rights of the authorities of the receiving State; c) take measures to ensure hospital treatment for the ship's captain and crew member and their return home; r) accept, draw up and certify the application or any document provided for in relation to the courts by the laws and regulations of the represented State.  

 Article 42 1. In the event that a court or other competent authorities of the receiving State intend to take any coercive measures or conduct an investigation on board a vessel of the sending State, they must inform the consular officer in a timely manner so that the consular officer or his representative can be present when these measures are taken. If the consular officer or his representative was not present for any reason, the competent authorities of the receiving State should provide full information on the events at his request. 2. The provisions of paragraph 1 of this article shall also apply if the authorities of the receiving State interrogate the captain or crew members of the vessel ashore. 3. The provisions of this article do not apply to routine customs inspection, passport and quarantine control, as well as to other actions that are performed at the request or with the consent of the ship's captain.  

 Article 43 1. If a vessel of the sending State is wrecked in the receiving State, runs aground or is beached or any accident occurs to it, or if any object belonging to a citizen of the sending State is found on or near the coast of the receiving State or this object ends up in the port of that State, including the case when If the mentioned item is part of the cargo of the ship in distress, the competent authorities of the receiving State should notify the consular officer a vessel of the sending State is wrecked in the receiving State, runs aground or is beached or any accident occurs to it, or if any object belonging to a citizen ofhding State is found on or near the coast of the receiving State or this object ends up in the port of that State, including the case when If the mentioned item is part of the cargo of the ship in distress, the competent authorities of the receiving State should notify the consular officer as soon as possible. The competent authorities should also inform the consular officer of the measures that are being taken to rescue people, the ship, the ship's cargo and other property on board the ship and items related to the ship or being part of the cargo, but trapped overboard the ship. 2. A consular officer may provide any assistance to the ship in distress, its crew members and passengers, and for this purpose may also seek assistance from the competent authorities of the receiving State. The consular officer may take the measures referred to in paragraph 1 of this article, as well as appropriate measures to repair the vessel, or may request the competent authorities to take or continue the measures being taken. 3. If an injured vessel of the sending State or any object related to the vessel has been found on or near the shore of the receiving State, and neither the captain of the vessel, nor the owner of the vessel, nor his agent, nor a representative of the insurance cn injured vessel of the sending State or any object related to the vessel has been found on or neathe shore of the receiving State, and neither the captain of the vessel, nor the owner of the vessel, nor his agent, nor a representative of the insurance company concerned is able to take measures to preserve or dispose of such vessel or object, the consular officer A person may, on behalf of the owner of the vessel, take such measures as the owner himself would have taken for this purpose. The provisions of this paragraph should also apply to any item that forms part of the ship's cargo or is the property of a citizen or a legal entity of the represented State. 4. If any item that forms part of the ship's cargo of a shipwrecked vessel of a third State, but is the property of a citizen or legal entity of the represented State, is found on or near the shore of the receiving State or delivered to a port of that State and neither the captain of the vessel, nor the owner of the item, nor his agent, nor a representative of the insurance compams part of the ship's cargo of a shipwrecked vessel of a third State, but is the property of a ci or legal entity of the represented State, is found on or near the shore of the receiving State or delivered to a port of that State and neither the captain of the vessel, nor the owner of the item, nor his agent, nor a representative of the insurance company concerned, If the consular officer is unable to secure or dispose of such an item, the consular officer may take such measures as the owner himself would have taken for this purpose.

Article 44 The provisions of articles 40-43 of this Convention shall apply accordingly in cases where aircraft are involved.  

Section V Final provisions

Article 45 1. This Convention is subject to ratification and will enter into force on the thirtieth day after written notification through diplomatic channels of its ratification. 2. The Contracting Parties shall conclude this Convention for an indefinite period and may den Article 45 1. This Convention is subject to ratification and will enter into force on the thirtieth day after written notification through diplomatic channels of its ratification. 2. The Contracting Parties s conclude this Convention for an indefinite period and may denounce it at any time. This Convention shall expire six months after the date of receipt by one of the Contracting Parties of a written notification through diplomatic channels from the other Contracting Party of its intention to terminate it.

In witness whereof, the Plenipotentiaries of the Contracting Parties have signed and sealed this Convention.

Done in Almaty on March 9, 1995, in two copies, each in Kazakh, Hungarian and Russian languages. In case of discrepancies in the interpretation of the provisions of this Convention, the Parties will be guided by the text in Russian.

President

Republic of Kazakhstan

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