Право внешних сношений. Консульские функции. Консульский иммунитет

Customary rules on the legal status of consular agents were codified in the 1963Vienna Convention on Consular Relations (VCCR): entered into force in 1967.

Consular agents perform activities designed to protect the commercial and other interests of the appointing State and in particular render assistance to nationals of that State.

CR establishment:

- by mutual consent

- establishment of DR implies establishment of CR

- severance of DR does NOT imply severance of CR

Functions:

- protect interests of its state and nationals (both individuals and bodies corporate)

- further the development of relations (cultural, commercial, economic, scientific)

- help and assist nationals

- issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State

- acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State

- representation of nationals before the tribunals and other authorities

Career consul – official appointed by the sending State with consent of the receiving State

Honorary consul:

- not member of a diplomatic mission,

- may be citizen of the host State,

- appointed by the sending State with consent of the host State,

- usually a representative of business.

Consulate – office of consul (usually subordinate to the state’s main representation in the host State, may be part of embassy)

Privileges and immunities:

- not enjoy personal immunities

- only immune from criminal and civil jurisdiction for acts done in the official exercise of their consular functions (functional immunities)

- inviolability of premises, archives, and documents

- exemption from taxation

- freedom of movement and communication

The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization.

(Refusal must not be reasoned).