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How much can the Honorary Consul can be transported. Tag 'Honorary Consul

Divorce
08.05.2020

The international practice has long been known in addition to full-time consular officials and the category of abnormal, honorary consuls. The Vienna Convention enshrines this division of consular officials into two categories, regulating and the regime applied to Honorary Consuls and those headed by consular agencies in a separate section. The Convention emphasizes the optional nature of the Institute of Honorary Consulate Officials: Each State is free to decide whether it will appoint or take honorary consuls of Article 68.

The Honorary Consul is a person who does not consist in the state, diplomatic or consular service, but performing individual consular functions in the host country on behalf of the submitted state p.174. Lapin. Poslit from the appointment state, honorary consuls do not receive, and in the form of remuneration they are part of the fees charged by them for consular actions.

The Honorary Consul is not necessarily a citizen of the state represented, it may also be a citizen of the state of stay and a third state in some cases.

The main function of the Honorary Consul is to promote the development of trade and economic relations and navigation, consular assistance to businessmen of the represented state, the protection of the rights and interests of its citizens.

The status of the honorary consul gives access to the highest officials of the consular district, for diplomatic and consular techniques, etc.

According to the Regulation on the Honorary Consul of the Russian Federation, they can be both a citizen of the Russian Federation and a citizen of a foreign state from among those who occupy a prominent public situation in the state of their stay and possessing the necessary personal qualities, as well as those of the Consular functions of Art.1.2 assigned to him Regulations on the Honorary Consul of the Russian Federation.

When appointed, the Honorary Consul receives a patent certifying its powers and indicating its full name, surname, citizenship, the class to which he belongs to the Consular District and the location of the consular office. The Honorary Consul starts to fulfill his duties to obtain the consent of the host state. The person appointed by the Honorary Consul gives a written obligation that it will regularly carry out the requested consular functions and will not require wages or other remuneration.

Honorary Consuls are divided into the following classes:

Honorary Consul General;

Honorary Consul;

Honorary Vice Consul;

Honorary Consulate agent.

Privileges and Immunities of the Honorary Consul

The privileges and immunities that the Honorary Consul possesses are not applied to members of his family, unlike the immunition of the staffing official.

The residence state should be released by the Honorary Consuls from all labor and state contesions, regardless of their nature, as well as from military contesions, such as details, military contracting and military post by Art. 67.

Consular premises of the consular office, led by the Honorary Consul, the employer or owner of which the represented state, is exempt from all state, local and district taxes, fees, and duties, with the exception of those that are fees for specific types of service.

International practice shows that the functions of the staff and honorary consul coincide in many ways. In view of this, the 1963 Vienna Convention provides applicability to Honorary Consuls and Consulates of its key provisions relating to the status and activities of staffing consulates, as well as the rights and obligations of the state of stay and the state established by the Honorary Consulate. In a number of issues, such as inviolability of consular archives and documents, the protection of consular premises, exemption from customs duties, the protection of honorary consular officials, the liberation of them from personal duties and some others, the Vienna Convention has consolidated the provisions reflecting the specifics of the consulates headed by Honorary Consuls, Including the issues of their privileges and immunity as citizens of the country of stay. In particular, it is envisaged that if a criminal case is initiated against the Honorary Consul, this Consul must come to the competent authorities. But in case of proceedings, he should be respected and, with the exception of cases, when it was arrested or detained, it should be put as little obstacles as possible to fulfill consular functions. When there is a need to delay the honorary consular person, the prosecution against it should be launched in perhaps the short term of Article.63.

The departure state is obliged to provide an honorary consul security as it may be necessary in connection with the official position.


Honorary Consulate is a kind of consular office, which is headed by the honorary (non-standard) Consul. He does not get a salary from his appointed country, but at the same time it is on public service Countries of destination, fulfilling their functions on the public basis. At the same time, the honorary consul finances the opening of the consular institution and the organization of his work. In the diplomatic hierarchy, the Honorary Consul is subordinate to the Consul General or Extraordinary Plenipotentiary. In fact, this submission is rather formal. In fact, if the honorary consul did not provide the right to issue visas to the country of destination, his work is usually reduced to the organization at its own expense of one or two events per year in the relevant consular district. According to Executa, the consular district may be a city, an area and even a whole country. These events can wear shopping, business, sports or cultural nature. Given the length of our country and enormous expanses that cannot cover an embassy of any country organized in Moscow, with which Russia has established diplomatic and consular relations, the appointment of honorary consuls in the regions is very relevant.

Chapter III of the Vienna Convention on Consular Relations of 1963 establishes legal regime honorary consular officials and consular agenciesHeaded by such officials. This question caused a wide exchange of views at the Vienna Conference on Consular Relationships of 1963 as a result of Art. The 68 of the Convention recorded the provision that each state can freely decide whether it would appoint or take honorary consulate officers.

As for privileges and immunities, they must be provided by Honorary Consuls in the framework of their consular functions. At the same time, an honorary consul can be appointed not only a citizen of the state of departure, but also a citizen of the host state or a third state, with the consent of the state of stay. When prescribing an abnormal consuls, its powers is determined by the state of appointment in coordination with the state of stay, which makes it possible to give the honorary consul only with certain functions, for example, the development of economic and cultural ties. In abnormal consuls, the ban does not apply to the occupation of any professional or commercial activities.

Currently, when appointing honorary consuls, the legislation of a number of countries gives preference to citizens of their state living abroad. In the absence of those for this post, a local resident of the host state can be appointed. This is reflected in the legislation of France, Belgium, Denmark, Greece, Uruguay and a number of other countries. This circumstance is due to the fact that the functions of the consul are taken by political, since their implementation is derived from the name of the state represented. Honorary Consul is under control as diplomatic representationand a regular consulate of the state of stay. Art. 66 Vienna Convention establishes that Honorary Consular executive Not exempt from all taxes, fees and fees for remuneration and salary, which it receives from the state submitted for the implementation of consular functions. States undertake not to charge diplomatic and political functions. The main functions, as a rule, are trade mediation and promoting the promotion of export products of the submitted state to local markets.

How to start clearance?

To start the registration procedure, you must provide "correctly and in the desired key" written brief autobiography. Properly composed autobiography should show the respectability and seriousness of intentions. When considering applications for the post of Honorary Consul, the Ministry of Foreign Affairs of the Guiding State considers the documents of the received person, the viability, the origin of funds, the composition of the family, takes into account his capabilities and connections. The participation of a person in charitable shares is also taken into account if it took place. Considered whether this candidate is worthy of submitting the state whether it will be able to contribute to the development of interstate and cultural ties. We have the ability to lobby for destination projects to the post of Honorary Consul in various island jurisdictions, the economy of which is based on the tourism sector and the accompanying infrastructure of the service sector, as well as in some countries of Latin America. Additional information can be found in our advice in the office.

Important legal reservation. The discovery of honorary consulates is a long legal process in which it not only needs to successfully pass a number of instances - the embassy, \u200b\u200bthe Ministry of Foreign Affairs of the relevant country, and other ministries, but also to receive accreditation in the destination country, for example, in the Ministry of Foreign Affairs Russian FederationIf we are talking about the opening of the consular office in our state. With all that in some cases, our employees are ready to provide legal and practical assistance in the opening of honorary consulates, but this topic is insanely far from buying diplomatic passports and privileges, as well as another nonsense and Achinea, which some web sites on the Internet are described. This is a piece goods possible for legal implementation not only if the candidate has a serious biography, but, above all, in coincidence state interests relevant countries. It should also be remembered that the status of the honorary consul is not only a set of privileges, but primarily a large social burden and social work.

In the press center of RIA Novosti on April 22, the 200th anniversary of the consular service of Russia will take place on April 22, confined to celebrated in May of the current year.

You can ask your question now. For this you need send SMS to number 2320 In format: Foreign Foreign Text Question. Note: Foreign Ministry is a mandatory prefix before the text of the question.

1. Full-time consuls received a certain content from the government, the abnormal consuls did not receive it.

2. Staten were appointed from those in public service, non-standard consuls were elected from among the local residents and could be both Russian and foreign subjects.

3. Non-standard consuls were appointed, as a rule, in such items, where in case of lack of grounds for the establishment of a regular consular post, there was a need for the presence of a consular representative to protect the interests of Russian subjects and for the aware of the staffing consulate.

4. The sphere of activity of an abnormal consul was limited to the top of the port or the city in which he lived.

In Tsarist Russia in 1909 there were over 300 honorary consuls.

After the October Revolution on soviet legislation An appointment of honorary consuls was allowed. First legislative actSpecially relating to the consular service and formulated its basic principles, was the decree of the Council of People's Commissars of the RSFSR of October 18, 1918. In Article 2 of the Decree, in particular, the use of the Institute of Honorary Consul: "In countries and locations, in which there are no independent consulates or consuls, the workers' and peasant government of the rights and obligations of the consuls will entrust any of the local citizens of the country who have expressed their consent to ".

The Soviet government even before the conclusion of the Brest world was entrusted with the responsibility of the Honorary Consul in the United States on the writer John Reed, the Swedish Socialist Fredrik RSFSR (1918) was appointed to the UK (in Glasgow) to the UK (in Glasgow), a prominent British trade unionary figure John was appointed Honorary Consul Macklin. But to carry out these appointments and organize the work of Soviet honorary consuls failed due to the opposition of governments of these states.

In 1921, the general provision on the Soviet bodies abroad was no longer envisaged the possibility of appointing abnormal (honorable) consuls, although it did not contain a refusal of such an opportunity. The consular charter of the USSR of 1926 has already contained a direct refusal to the Soviet state from the appointment of honorary consuls.

The Consular Charter of the USSR of 1976 provided for the possibility of an order, in coordination with the state of stay, the fulfillment of individual consular functions with abnormal consuls that could be both citizens of the USSR and foreigners.

On April 27, 1988, the consular charter's development was taken on a non-standard (honorable) Consul of the USSR, which was the basis for activity of about twenty Honorary Consuls of the USSR / Russian Federation in 1989-1998.

On October 13, 1998, the Regulation on the Russian Foreign Ministry was approved the provision on the Honorary Consul of the Russian Federation, which was replaced by the position of 1988.

According to the Regulation on the Honorary Consul of the Russian Federation of 1998, he submits the Ministry of Foreign Affairs of the Russian Federation and performs its functions under the leadership of the diplomatic representation or consular office of the Russian Federation in the state of stay. In the absence of diplomatic missions and consulates (staffing), the Honorary Consul acts under the leadership of the Russian Foreign Ministry or, on his instructions, Russian diplomatic representation in a neighboring state.

Honorary Consuls are divided into the following classes:

1. Honorary Consul General.
2. Honorary Consul.
3. Honorary Vice Consul.
4. Honorary Consular agent.

The location of the residence and the office of the Honorary Consul, his class and the Consular District are determined by agreement with the State of the residence.

Honorary Consul in collaboration with a diplomatic or consular office, under the guidance of which he acts, protects the rights and legal interests Citizens I. legal entities The Russian Federation takes measures to ensure that citizens and legal entities of the Russian Federation enjoyed in full all rights granted by the legislation of the host state and international treaties, whose participants are the Russian Federation and the residence state, as well as generally accepted norms and principles of international law.

The Honorary Consul carries out registration of citizens of the Russian Federation located on the territory of its consular district; participates in activities to ensure the preservation and improvement of Russian military and civil grave in the territory of the state of stay; takes measures to establish guardianship and guardianship over the minors in its consular district, which remained without parental care, and over incapable or not fully capable adult citizens of the Russian Federation; takes measures to protect the property remaining after the death of a citizen of the Russian Federation; Promote foreign citizens and organizations in the provision of humanitarian aid, as well as in the design of money transfer, values \u200b\u200band property as the Dar of the Russian Federation, legal entities and citizens of the Russian Federation, etc.

The Honorary Consul may leave his post if he once again responds the state or the authorities of the host country will respond their consent to his work.

Honorary Consuls are actually the same privileges and immunities as career consular (their "security certificates" - the Vienna Convention on Consular Relations from 1963 and Bilateral Consular Agreements). The difference, as a rule, is only that the Honorary Consul has these privileges and immunities only in the framework of their consular functions. In addition, it is often partially liberated from taxes and fees. Mail and luggage of honorary consuls, as a rule, are not subject to inspection, vehicles - props.

Recently, it is becoming increasingly popular. At the same time, as the Russian Federation appoints its honorary consuls in foreign countriesAnd it takes them at home.

As of November 2008, the Russian Federation is represented abroad with 73 honorary consuls operating in 51 countries. In Russia, there are 76 honorary consular officials of foreign states.

The building of the Russian Honorary Consuls is formed mainly from the environment of business people - local citizens or immigrants from Russia, which enjoy the relevant reputation in the accrediting state, not working in state institutions and not occupying elected positions, as well as taking into account the opinion of the country of stay.

Among the consular functions performed by Honorary Consuls are very relevant services in the following issues:

1. Provision of consulting services in the establishment of contacts and development of business cooperation with partners in the host country, informing about the laws of the host country in the field of economic activity, on the rules for issuing documents related to such activities.
2. Registration of documents for export-import operations (licenses, certificates, etc.), customs documents, as well as legalizing them if necessary.
3. Registration of the status of staying in the country, assistance in obtaining visas, permits to work, residence permit.
4. Assistance in the acquisition or sale of movable and realistic property, other property, hiring apartments and premises, design necessary for this documents.

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In modern international Law The most famous are four multilateral consular conventions. But the Vienna Convention on Consular Relations of 1963 has a universal nature. In addition to this universal convention, the Convention and Contracts on Consular Issues enclosed on a bilateral basis play a significant role. In the Russian Federation operate legal normsclarifying the individual provisions of the 1963 Vienna Convention. People who are seriously interested in the design of the Honorary Consulate, I recommend to purchase and read the following regulatory acts:

  1. Consular Charter of 1976;
  2. Regulations on the consular office of the Russian Federation of November 5, 1998, approved by the President of the Russian Federation;
  3. Regulations on the Honorary Consul of the Russian Federation of October 13, 1998, approved by the President of the Russian Federation.

There are two types of full-time consular agencies:

  • Consular departments diplomatic missions
  • Independent (individuals from diplomatic representation) Consular institutions.

In addition to the above options, states can carry out consular intercourse through the so-called honorary consuls. These are not standard consuls that do not receive a salaries for the fulfillment of consular functions. Practice shows that the cost of opening an honorary consulate is to be incurred. Briefly list the main immunities and privileges that are endowed with consular institutions and their staff.

What advantages gives an honorable consulate and diplomatic passport?

  1. Non-primacy. "Consular officials are not subject to neither arrest, nor preliminary conclusion, otherwise, on the basis of the resolutions of competent judicial authorities In case of grave crimes. "(Article 41 of the Vienna Convention 1963).
  2. Diplomatic passport and freedom of visa-free movement worldwide. It should be borne in mind that the Russian Federation does not recognize double citizenshipTherefore, if there are problems with the Russian authorities, the existence of second citizenship and the second passport of another state will be ignored, that is, the Russian authorities on their territory will consider you only as a citizen of the Russian Federation. If your second passport is diplomatic, then you must be released from the country because it is officially believed that you are working as a foreign government. Russian authorities Do not have the right to make detention of foreign diplomats and consuls. Detention of a foreign government employee is a violation of international law.
  3. The right is duty-free to surrender into the country and arrange three cars on the consulate. The right to have red diplomatic car numbers and park the car there, anywhere.
  4. The liberation of consular premises "from all state, district and municipal taxes, fees and duties" (Article 32 of the Vienna Convention 1963). The Honorary Consul can put visas to persons heading to the represented state, and receive consular fees as an income (Article 39 of the Vienna Convention 1963). Honorary Consulate can perform notarial actions, perform the functions of the registry office. There is an opportunity to open the Tax Free shop at the consulate.
  5. "Consular officials and consular employees, as well as members of their families living with them, are exempt from all taxes, fees and duties, personal and property, state, district and municipal." (Article 49 of the Vienna Convention 1963).
  6. The ability to conduct cultural, sports and other events, and the income received from these events is not taxed.
  7. The possibility after a certain period of stay as an honorary consul to receive the position of the General Honorary Consul (as a rule, when extending the authority to the second or third time). Subsequently, it is possible to obtain second citizenship and the second passport for special merits to the state.
  8. Honorary Consulate Opens very great opportunities. For example, these features can open access to the country's export resources that you imagine and its export quotas. In accordance with diplomatic practice, the post of the honorary consul is unpaid, but, nevertheless, can bring significant profits. In some cases, the honorable consulate can equate to a full-fledged diplomatic institution. At the same time, the very important advantage of the Honorary Consulate is the right to duty-free import of goods.
  9. Diplomatic passport Allows you to move across the boundaries any quantities of cash denunciations, without making them into the customs declaration, without explaining the origin of the money. Baggage of the Honorary Consul is exempt from customs inspection
  10. The status of the Honorary Consul gives a lot of other benefits and advantages. For example, the status of the Honorary Consul allows to receive "bonuses" for signing a different kind of recommendation letters and, finally, make a lot of useful dating in business circles and higher echelons of power.

Legal status of honorary consuls
Chapter III of the Vienna Convention on Consular Relations of 1963 establishes the legal regime of honorary consular officials and consular institutions headed by such officials. This question caused a wide exchange of views at the Vienna Conference on Consular Relationships of 1963 as a result of Art. The 68 of the Convention recorded the provision that each state can freely decide whether it would appoint or take honorary consulate officers.

As for privileges and immunities, they must be provided by Honorary Consuls in the framework of their consular functions. At the same time, an honorary consul can be appointed not only a citizen of the state of departure, but also a citizen of the host state or a third state, with the consent of the state of stay. When appropriately insensitive (honorable) consuls, its powers are determined by the state of appointment as appropriate to the host state, which makes it possible to give the honorary consul only with certain functions (for example, the development of economic and cultural ties). At the honorary consuls do not apply to the ban on the occupation of any professional or commercial activities.

Currently, when appointing honorary consuls, the legislation of a number of countries gives preference to citizens of their state living abroad. In the absence of those for this post, a local resident of the host state can be appointed. This is reflected in the legislation of France, Belgium, Denmark, Greece, Uruguay and a number of other countries. This is due to the fact that the functions of the Consul take political in nature, since their implementation occurs on behalf of the state submitted. The Honorary Consul is under control of both diplomatic missions and a regular consulate of the host state. Art. 66 The Vienna Convention establishes that the Honorary Consular Officer is not exempt from all taxes, fees and fees for remuneration and salary that it receives from the state submitted for the fulfillment of consular functions. Diplomatic and political functions of Honorary Consuls of the state undertake not to charge. The main functions of abnormal (honorable) consuls, as a rule, are trade mediation and facilitating the promotion of export products of the submitted state to local markets.

By request from the client who wants to open an honorary consulate, and, accordingly, to obtain a diplomatic passport, we are ready to consider the possibility of making the status of the Honorary Consul in various states of Africa, Latin America, Europe. Of course, if it is neither the moon, and neither Mars, nor the United States of America and not the constellation Orion.

Possible work by country: South Africa (Africa), Republic of Tanzania (Africa), Senegal (Africa), Kingdom Swaziland (Africa), Republic of Brazil (Latin America), Republic of Chile (Latin America), Republic of Panama (Latin America) , United States Mexico (Latin America), Republic of Poland (Europe), Republic of Slovakia (Europe), Republic of Bulgaria (Europe), China (Asia), Mongolia (Asia). And also possible work on individual orders.

How to start clearance?
To start the procedure for registration of the Honorary Consulate, it is necessary to provide "correctly and in the right key" written by a brief autobiography. Properly composed autobiography should show the respectability and seriousness of intentions. After consideration of the autobiography, a preliminary solution is made.

The country's government, when considering applications for the Honorary Consulate, considers the documents of the received person, the viability, the origin of funds, the composition of the family, takes into account its capabilities and connections. The participation of a person in charitable shares is also taken into account if it took place. Considered whether this candidate is worthy of submitting the state whether it will be able to contribute to the development of interstate and cultural ties. The person is inspected by Interpol, check the presented certificate of the absence of criminal record. Based on all of these information, a decision is made.

Deadline and necessary documents:

The deadline for making an honorary consulate is about 10-12 months. Payment of our services is made under the contract in three stages - 1/3 when signing the contract and 1/3 on the fact of registration of the Honorary Consulate, that is, on the fact of obtaining exequature (powers) and diplomatic passport, 1/3 - when receiving accreditation for any Consular District (approval by the Ministry of Foreign Affairs of the Russian Federation).

The applicant must submit the following documents:

  1. Autobiography, outlined in free form.
  2. A copy of the passport and internal passport.
  3. A copy of the birth certificate certified by a notary.
  4. Certificate of absence of criminal record.
  5. Education Document (Diploma).
  6. Photos of the installed sample.
  7. The results of inspection by the therapist and psychiatrist.
  8. Two or three positive characteristics (for example, lawyer, doctor, business partner)
  9. For individual countries may require additional documentsnot listed in this list