GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.
Foreign Missions and International Organizations Act — F-29.4 1
1 Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings. A consular employee or a member of the service staff shall not, except in the cases mentioned in paragraph 3 of this Article, decline to give evidence. If a consular officer should decline to do so, no coercive measure or penalty may be applied to him.
Foreign Missions and International Organizations Act — F-29.4 2
2 The authority requiring the evidence of a consular officer shall avoid interference with the performance of his functions. It may, when possible, take such evidence at his residence or at the consular post or accept a statement from him in writing.
Foreign Missions and International Organizations Act — F-29.4 3
3 Members of a consular post are under no obligation to give evidence concerning matters connected with the exercise of their functions or to produce official correspondence and documents relating thereto. They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State.
Foreign Missions and International Organizations Act — F-29.4 1
1 The sending State may waive, with regard to a member of the consular post, any of the privileges and immunities provided for in Articles 41, 43 and 44.
Foreign Missions and International Organizations Act — F-29.4 2
2 The waiver shall in all cases be express, except as provided in paragraph 3 of this Article, and shall be communicated to the receiving State in writing.
Foreign Missions and International Organizations Act — F-29.4 3
3 The initiation of proceedings by a consular officer or a consular employee in a matter where he might enjoy immunity from jurisdiction under Article 43 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
Foreign Missions and International Organizations Act — F-29.4 4
4 The waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings shall not be deemed to imply the waiver of immunity from the measures of execution resulting from the judicial decision; in respect of such measures, a separate waiver shall be necessary.
Foreign Missions and International Organizations Act — F-29.4 1
1 Consular officers and consular employees and members of their families forming part of their households shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.
Foreign Missions and International Organizations Act — F-29.4 2
2 The provisions of paragraph 1 of this Article shall not, however, apply to any consular employee who is not a permanent employee of the sending State or who carries on any private gainful occupation in the receiving State or to any member of the family of any such employee.
Foreign Missions and International Organizations Act — F-29.4 1
1 Members of the consular post shall, with respect to services rendered for the sending State, be exempt from any obligations in regard to work permits imposed by the laws and regulations of the receiving State concerning the employment of foreign labour.
Foreign Missions and International Organizations Act — F-29.4 2
2 Members of the private staff of consular officers and of consular employees shall, if they do not carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to in paragraph 1 of this Article.
Foreign Missions and International Organizations Act — F-29.4 1
1 Subject to the provisions of paragraph 3 of this Article, members of the consular post with respect to services rendered by them for the sending State, and members of their families forming part of their households, shall be exempt from social security provisions which may be in force in the receiving State.
Foreign Missions and International Organizations Act — F-29.4 2
2 The exemption provided for in paragraph 1 of this Article shall apply also to members of the private staff who are in the sole employ of members of the consular post, on condition: (a) that they are not nationals of or permanently resident in the receiving State; and (b) that they are covered by the social security provisions which are in force in the sending State or a third State.
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) that they are covered by the social security provisions which are in force in the sending State or a third State.
Foreign Missions and International Organizations Act — F-29.4 3
3 Members of the consular post who employ persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers.
Foreign Missions and International Organizations Act — F-29.4 4
4 The exemption provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary participation in the social security system of the receiving State, provided that such participation is permitted by that State.
Foreign Missions and International Organizations Act — F-29.4 1
1 Consular officers and consular employees and members of their families forming part of their households shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; (b) dues or taxes on private immovable property situated in the territory of the receiving State, subject to the provisions of Article 32; (c) estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of paragraph (b) of Article 51; (d) dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State; (e) charges levied for specific services rendered; (f) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) dues or taxes on private immovable property situated in the territory of the receiving State, subject to the provisions of Article 32;
Foreign Missions and International Organizations Act — F-29.4 (c)
(c) estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of paragraph (b) of Article 51;
Foreign Missions and International Organizations Act — F-29.4 (d)
(d) dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State;
Foreign Missions and International Organizations Act — F-29.4 (f)
(f) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.
Foreign Missions and International Organizations Act — F-29.4 2
2 Members of the service staff shall be exempt from dues and taxes on the wages which they receive for their services.
Foreign Missions and International Organizations Act — F-29.4 3
3 Members of the consular post who employ persons whose wages or salaries are not exempt from income tax in the receiving State shall observe the obligations which the laws and regulations of that State impose upon employers concerning the levying of income tax.
Foreign Missions and International Organizations Act — F-29.4 1
1 The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on: (a) articles for the official use of the consular post; (b) articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment. The articles intended for consumption shall not exceed the quantities necessary for direct utilization by the persons concerned.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) articles for the official use of the consular post;
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment. The articles intended for consumption shall not exceed the quantities necessary for direct utilization by the persons concerned.
Foreign Missions and International Organizations Act — F-29.4 2
2 Consular employees shall enjoy the privileges and exemptions specified in paragraph 1 of this Article in respect of articles imported at the time of first installation.
Foreign Missions and International Organizations Act — F-29.4 3
3 Personal baggage accompanying consular officers and members of their families forming part of their households shall be exempt from inspection. It may be inspected only if there is serious reason to believe that it contains articles other than those referred to in sub-paragraph (b) of paragraph 1 of this Article, or articles the import or export of which is prohibited by the laws and regulations of the receiving State or which are subject to its quarantine laws and regulations. Such inspection shall be carried out in the presence of the consular officer or member of his family concerned.
Foreign Missions and International Organizations Act — F-29.4 (a)
In the event of the death of a member of the consular post or of a member of his family forming part of his household, the receiving State: (a) shall permit the export of the movable property of the deceased, with the exception of any such property acquired in the receiving State the export of which was prohibited at the time of his death; (b) shall not levy national, regional or municipal estate, succession or inheritance duties, and duties on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family or a member of the consular post.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) shall permit the export of the movable property of the deceased, with the exception of any such property acquired in the receiving State the export of which was prohibited at the time of his death;
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) shall not levy national, regional or municipal estate, succession or inheritance duties, and duties on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family or a member of the consular post.
Foreign Missions and International Organizations Act — F-29.4
The receiving State shall exempt members of the consular post and members of their families forming part of their households from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.
Foreign Missions and International Organizations Act — F-29.4 1
1 Every member of the consular post shall enjoy the privileges and immunities provided in the present Convention from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when he enters on his duties with the consular post.
Foreign Missions and International Organizations Act — F-29.4 2
2 Members of the family of a member of the consular post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention from the date from which he enjoys privileges and immunities in accordance with paragraph 1 of this Article or from the date of their entry into the territory of the receiving State or from the date of their becoming a member of such family or private staff, whichever is the latest.
Foreign Missions and International Organizations Act — F-29.4 3
3 When the functions of a member of the consular post have come to an end, his privileges and immunities and those of a member of his family forming part of his household or a member of his private staff shall normally cease at the moment when the person concerned leaves the receiving State or on the expiry of a reasonable period in which to do so, whichever is the sooner, but shall subsist until that time, even in case of armed conflict. In the case of the persons referred to in paragraph 2 of this Article, their privileges and immunities shall come to an end when they cease to belong to the household or to be in the service of a member of the consular post provided, however, that if such persons intend leaving the receiving State within a reasonable period thereafter, their privileges and immunities shall subsist until the time of their departure.
Foreign Missions and International Organizations Act — F-29.4 4
4 However, with respect to acts performed by a consular officer or a consular employee in the exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time.
Foreign Missions and International Organizations Act — F-29.4 5
5 In the event of the death of a member of the consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until they leave the receiving State or until the expiry of a reasonable period enabling them to do so, whichever is the sooner.
Foreign Missions and International Organizations Act — F-29.4 1
1 If a consular officer passes through or is in the territory of a third State, which has granted him a visa if a visa was necessary, while proceeding to take up or return to his post or when returning to the sending State, the third State shall accord to him all immunities provided for by the other Articles of the present Convention as may be required to ensure his transit or return. The same shall apply in the case of any member of his family forming part of his household enjoying such privileges and immunities who are accompanying the consular officer or travelling separately to join him or to return to the sending State.
Foreign Missions and International Organizations Act — F-29.4 2
2 In circumstances similar to those specified in paragraph 1 of this Article, third States shall not hinder the transit through their territory of other members of the consular post or of members of their families forming part of their households.
Foreign Missions and International Organizations Act — F-29.4 3
3 Third States shall accord to official correspondence and to other official communications in transit, including messages in code or cipher, the same freedom and protection as the receiving State is bound to accord under the present Convention. They shall accord to consular couriers who have been granted a visa, if a visa was necessary, and to consular bags in transit, the same inviolability and protection as the receiving State is bound to accord under the present Convention.
Foreign Missions and International Organizations Act — F-29.4 4
4 The obligations of third States under paragraphs 1, 2 and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and to consular bags, whose presence in the territory of the third State is due to force majeure .
Foreign Missions and International Organizations Act — F-29.4 2
2 The consular premises shall not be used in any manner incompatible with the exercise of consular functions.
Foreign Missions and International Organizations Act — F-29.4 3
3 The provisions of paragraph 2 of this Article shall not exclude the possibility of offices of other institutions or agencies being installed in part of the building in which the consular premises are situated, provided that the premises assigned to them are separate from those used by the consular post. In that event, the said offices shall not, for the purposes of the present Convention, be considered to form part of the consular premises.
Foreign Missions and International Organizations Act — F-29.4
Members of the consular post shall comply with any requirement imposed by the laws and regulations of the receiving State in respect of insurance against third party risks arising from the use of any vehicle, vessel or aircraft.
Foreign Missions and International Organizations Act — F-29.4 1
1 Career consular officers shall not carry on for personal profit any professional or commercial activity in the receiving State.
Foreign Missions and International Organizations Act — F-29.4 2
2 Privileges and immunities provided in this Chapter shall not be accorded: (a) to consular employees or to members of the service staff who carry on any private gainful occupation in the receiving State; (b) to members of the family of a person referred to in sub-paragraph (a) of this paragraph or to members of his private staff; (c) to members of the family of a member of a consular post who themselves carry on any private gainful occupation in the receiving State.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) to consular employees or to members of the service staff who carry on any private gainful occupation in the receiving State;
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) to members of the family of a person referred to in sub-paragraph (a) of this paragraph or to members of his private staff;
Foreign Missions and International Organizations Act — F-29.4 (c)
(c) to members of the family of a member of a consular post who themselves carry on any private gainful occupation in the receiving State.
Foreign Missions and International Organizations Act — F-29.4 1
1 Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of Article 54 and paragraphs 2 and 3 of Article 55 shall apply to consular posts headed by an honorary consular officer. In addition, the facilities, privileges and immunities of such consular posts shall be governed by Articles 59, 60, 61 and 62.
Foreign Missions and International Organizations Act — F-29.4 2
2 Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph 1 of Article 55 shall apply to honorary consular officers. In addition, the facilities, privileges and immunities of such officers shall be governed by Articles 63, 64, 65, 66 and 67.
Foreign Missions and International Organizations Act — F-29.4 3
3 Privileges and immunities provided in the present Convention shall not be accorded to members of the family of an honorary consular officer or of a consular employee employed at a consular post headed by an honorary consular officer.
Foreign Missions and International Organizations Act — F-29.4 4
4 The exchange of consular bags between two consular posts headed by honorary consular officers in different States shall not be allowed without the consent of the two receiving States concerned.
Foreign Missions and International Organizations Act — F-29.4
The receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.
Foreign Missions and International Organizations Act — F-29.4 1
1 Consular premises of a consular post headed by an honorary consular officer of which the sending State is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered.
Foreign Missions and International Organizations Act — F-29.4 2
2 The exemption from taxation referred to in paragraph 1 of this Article shall not apply to such dues and taxes if, under the laws and regulations of the receiving State, they are payable by the person who contracted with the sending State.
Foreign Missions and International Organizations Act — F-29.4
The consular archives and documents of a consular post headed by an honorary consular officer shall be inviolable at all times and wherever they may be, provided that they are kept separate from other papers and documents and, in particular, from the private correspondence of the head of a consular post and of any person working with him, and from the materials, books or documents relating to their profession or trade.
Foreign Missions and International Organizations Act — F-29.4
The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of, and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services on the following articles, provided that they are for the official use of a consular post headed by an honorary consular officer: coats-of-arms, flags, signboards, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.
Foreign Missions and International Organizations Act — F-29.4
If criminal proceedings are instituted against an honorary consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible. When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay.
Foreign Missions and International Organizations Act — F-29.4
The receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position.
Foreign Missions and International Organizations Act — F-29.4
Honorary consular officers, with the exception of those who carry on for personal profit any professional or commercial activity in the receiving State, shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.
Foreign Missions and International Organizations Act — F-29.4
An honorary consular officer shall be exempt from all dues and taxes on the remuneration and emoluments which he receives from the sending State in respect of the exercise of consular functions.
Foreign Missions and International Organizations Act — F-29.4
The receiving State shall exempt honorary consular officers from all personal services and from all public services of any kind whatsoever and from military obligations such as those connected with requisitioning, military contributions and billeting.
Foreign Missions and International Organizations Act — F-29.4
Each State is free to decide whether it will appoint or receive honorary consular officers.
Foreign Missions and International Organizations Act — F-29.4 1
1 Each State is free to decide whether it will establish or admit consular agencies conducted by consular agents not designated as heads of consular post by the sending State.
Foreign Missions and International Organizations Act — F-29.4 2
2 The conditions under which the consular agencies referred to in paragraph 1 of this Article may carry on their activities and the privileges and immunities which may be enjoyed by the consular agents in charge of them shall be determined by agreement between the sending State and the receiving State.
Foreign Missions and International Organizations Act — F-29.4 1
1 The provisions of the present Convention apply also, so far as the context permits, to the exercise of consular functions by a diplomatic mission.