GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Foreign Missions and International Organizations Act — F-29.4
Considering that the United Nations Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on Diplomatic Relations which was opened for signature on 18 April 1961,
Foreign Missions and International Organizations Act — F-29.4
Believing that an international convention on consular relations, privileges and immunities would also contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems,
Foreign Missions and International Organizations Act — F-29.4
Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by consular posts on behalf of their respective States,
Foreign Missions and International Organizations Act — F-29.4
Affirming that the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention,
Foreign Missions and International Organizations Act — F-29.4 1
1 For the purposes of the present Convention, the following expressions shall have the meanings hereunder assigned to them: (a) consular post means any consulate-general, consulate, vice-consulate or consular agency; (b) consular district means the area assigned to a consular post for the exercise of consular functions; (c) head of consular post means the person charged with the duty of acting in that capacity; (d) consular officer means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions; (e) consular employee means any person employed in the administrative or technical service of a consular post; (f) member of the service staff means any person employed in the domestic service of a consular post; (g) members of the consular post means consular officers, consular employees and members of the service staff; (h) members of the consular staff means consular officers, other than the head of a consular post, consular employees and members of the service staff; (i) member of the private staff means a person who is employed exclusively in the private service of a member of the consular post; (j) consular premises means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post; (k) consular archives includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card-indexes and any articles of furniture intended for their protection or safekeeping.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) consular post means any consulate-general, consulate, vice-consulate or consular agency;
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) consular district means the area assigned to a consular post for the exercise of consular functions;
Foreign Missions and International Organizations Act — F-29.4 (c)
(c) head of consular post means the person charged with the duty of acting in that capacity;
Foreign Missions and International Organizations Act — F-29.4 (d)
(d) consular officer means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions;
Foreign Missions and International Organizations Act — F-29.4 (e)
(e) consular employee means any person employed in the administrative or technical service of a consular post;
Foreign Missions and International Organizations Act — F-29.4 (f)
(f) member of the service staff means any person employed in the domestic service of a consular post;
Foreign Missions and International Organizations Act — F-29.4 (g)
(g) members of the consular post means consular officers, consular employees and members of the service staff;
Foreign Missions and International Organizations Act — F-29.4 (h)
(h) members of the consular staff means consular officers, other than the head of a consular post, consular employees and members of the service staff;
Foreign Missions and International Organizations Act — F-29.4 (i)
(i) member of the private staff means a person who is employed exclusively in the private service of a member of the consular post;
Foreign Missions and International Organizations Act — F-29.4 (j)
(j) consular premises means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post;
Foreign Missions and International Organizations Act — F-29.4 (k)
(k) consular archives includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card-indexes and any articles of furniture intended for their protection or safekeeping.
Foreign Missions and International Organizations Act — F-29.4 2
2 Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers.
Foreign Missions and International Organizations Act — F-29.4 3
3 The particular status of members of the consular posts who are nationals or permanent residents of the receiving State is governed by Article 71 of the present Convention.
Foreign Missions and International Organizations Act — F-29.4 1
1 The establishment of consular relations between States takes place by mutual consent.
Foreign Missions and International Organizations Act — F-29.4 2
2 The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations.
Foreign Missions and International Organizations Act — F-29.4 3
3 The severance of diplomatic relations shall not ipso facto involve the severance of consular relations.
Foreign Missions and International Organizations Act — F-29.4
Consular functions are exercised by consular posts. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention.
Foreign Missions and International Organizations Act — F-29.4 1
1 A consular post may be established in the territory of the receiving State only with that State’s consent.
Foreign Missions and International Organizations Act — F-29.4 2
2 The seat of the consular post, its classification and the consular district shall be established by the sending State and shall be subject to the approval of the receiving State.
Foreign Missions and International Organizations Act — F-29.4 3
3 Subsequent changes in the seat of the consular post, its classification or the consular district may be made by the sending State only with the consent of the receiving State.
Foreign Missions and International Organizations Act — F-29.4 4
4 The consent of the receiving State shall also be required if a consulate-general or a consulate desires to open a vice-consulate or a consular agency in a locality other than that in which it is itself established.
Foreign Missions and International Organizations Act — F-29.4 5
5 The prior express consent of the receiving State shall also be required for the opening of an office forming part of an existing consular post elsewhere than at the seat thereof.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the provisions of the present Convention;
Foreign Missions and International Organizations Act — F-29.4 (c)
(c) ascertaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting thereon to the Government of the sending State and giving information to persons interested;
Foreign Missions and International Organizations Act — F-29.4 (d)
(d) 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;
Foreign Missions and International Organizations Act — F-29.4 (e)
(e) helping and assisting nationals, both individuals and bodies corporate of the sending State;
Foreign Missions and International Organizations Act — F-29.4 (f)
(f) 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;
Foreign Missions and International Organizations Act — F-29.4 (g)
(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending State in cases of succession mortis causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving State;
Foreign Missions and International Organizations Act — F-29.4 (h)
(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;
Foreign Missions and International Organizations Act — F-29.4 (i)
(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;
Foreign Missions and International Organizations Act — F-29.4 (j)
(j) transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State;
Foreign Missions and International Organizations Act — F-29.4 (k)
(k) exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having the nationality of the sending State, and of aircraft registered in that State, and in respect of their crews;
Foreign Missions and International Organizations Act — F-29.4 (l)
(l) extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of this Article and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship’s papers, and, without prejudice to the powers of the authorities of the receiving State, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen in so far as this may be authorized by the laws and regulations of the sending State;
Foreign Missions and International Organizations Act — F-29.4 (m)
(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.
Foreign Missions and International Organizations Act — F-29.4
A consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district.
Foreign Missions and International Organizations Act — F-29.4
The sending State may, after notifying the States concerned, entrust a consular post established in a particular State with the exercise of consular functions in another State, unless there is express objection by one of the States concerned.
Foreign Missions and International Organizations Act — F-29.4
Upon appropriate notification to the receiving State, a consular post of the sending State may, unless the receiving State objects, exercise consular functions in the receiving State on behalf of a third State.
Foreign Missions and International Organizations Act — F-29.4 1
1 Heads of consular posts are divided into four classes, namely: (a) consuls-general; (b) consuls; (c) vice-consuls; (d) consular agents.
Foreign Missions and International Organizations Act — F-29.4 2
2 Paragraph 1 of this Article in no way restricts the right of any of the contracting Parties to fix the designation of consular officers other than the heads of consular posts.
Foreign Missions and International Organizations Act — F-29.4 1
1 Heads of consular posts are appointed by the sending State and are admitted to the exercise of their functions by the receiving State.
Foreign Missions and International Organizations Act — F-29.4 2
2 Subject to the provisions of the present Convention, the formalities for the appointment and for the admission of the head of a consular post are determined by the laws, regulations and usages of the sending State and of the receiving State respectively.
Foreign Missions and International Organizations Act — F-29.4 1
1 The head of a consular post shall be provided by the sending State with a document in the form of a commission or similar instrument, made out for each appointment, certifying his capacity and showing, as a general rule, his full name, his category and class, the consular district and the seat of the consular post.
Foreign Missions and International Organizations Act — F-29.4 2
2 The sending State shall transmit the commission or similar instrument through the diplomatic or other appropriate channel to the Government of the State in whose territory the head of a consular post is to exercise his functions.
Foreign Missions and International Organizations Act — F-29.4 3
3 If the receiving State agrees, the sending State may, instead of a commission or similar instrument, send to the receiving State a notification containing the particulars required by paragraph 1 of this Article.
Foreign Missions and International Organizations Act — F-29.4 1
1 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.
Foreign Missions and International Organizations Act — F-29.4 2
2 A State which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal.
Foreign Missions and International Organizations Act — F-29.4 3
3 Subject to the provisions of Articles 13 and 15, the head of a consular post shall not enter upon his duties until he has received an exequatur .
Foreign Missions and International Organizations Act — F-29.4
Pending delivery of the exequatur , the head of a consular post may be admitted on a provisional basis to the exercise of his functions. In that case, the provisions of the present Convention shall apply.
Foreign Missions and International Organizations Act — F-29.4
As soon as the head of a consular post is admitted even provisionally to the exercise of his functions, the receiving State shall immediately notify the competent authorities of the consular district. It shall also ensure that the necessary measures are taken to enable the head of a consular post to carry out the duties of his office and to have the benefit of the provisions of the present Convention.
Foreign Missions and International Organizations Act — F-29.4 1
1 If the head of a consular post is unable to carry out his functions or the position of head of consular post is vacant, an acting head of post may act provisionally as head of the consular post.
Foreign Missions and International Organizations Act — F-29.4 2
2 The full name of the acting head of post shall be notified either by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, or, if he is unable to do so, by any competent authority of the sending State, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. As a general rule, this notification shall be given in advance. The receiving State may make the admission as acting head of post of a person who is neither a diplomatic agent nor a consular officer of the sending State in the receiving State conditional on its consent.
Foreign Missions and International Organizations Act — F-29.4 3
3 The competent authorities of the receiving State shall afford assistance and protection to the acting head of post. While he is in charge of the post, the provisions of the present Convention shall apply to him on the same basis as to the head of the consular post concerned. The receiving State shall not, however, be obliged to grant to an acting head of post any facility, privilege or immunity which the head of the consular post enjoys only subject to conditions not fulfilled by the acting head of post.
Foreign Missions and International Organizations Act — F-29.4 4
4 When, in the circumstances referred to in paragraph 1 of this Article, a member of the diplomatic staff of the diplomatic mission of the sending State in the receiving State is designated by the sending State as an acting head of post, he shall, if the receiving State does not object thereto, continue to enjoy diplomatic privileges and immunities.
Foreign Missions and International Organizations Act — F-29.4 1
1 Heads of consular posts shall rank in each class according to the date of the grant of the exequatur .
Foreign Missions and International Organizations Act — F-29.4 2
2 If, however, the head of a consular post before obtaining the exequatur is admitted to the exercise of his functions provisionally, his precedence shall be determined according to the date of the provisional admission; this precedence shall be maintained after the granting of the exequatur .
Foreign Missions and International Organizations Act — F-29.4 3
3 The order of precedence as between two or more heads of consular posts who obtained the exequatur or provisional admission on the same date shall be determined according to the dates on which their commissions or similar instruments or the notifications referred to in paragraph 3 of Article 11 were presented to the receiving State.
Foreign Missions and International Organizations Act — F-29.4 4
4 Acting heads of posts shall rank after all heads of consular posts and, as between themselves, they shall rank according to the dates on which they assumed their functions as acting heads of posts as indicated in the notifications given under paragraph 2 of Article 15.
Foreign Missions and International Organizations Act — F-29.4 5
5 Honorary consular officers who are heads of consular posts shall rank in each class after career heads of consular posts, in the order and according to the rules laid down in the foregoing paragraphs.
Foreign Missions and International Organizations Act — F-29.4 6
6 Heads of consular posts shall have precedence over consular officers not having that status.
Foreign Missions and International Organizations Act — F-29.4 1
1 In a State where the sending State has no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorized to perform diplomatic acts. The performance of such acts by a consular officer shall not confer upon him any right to claim diplomatic privileges and immunities.
Foreign Missions and International Organizations Act — F-29.4 2
2 A consular officer may, after notification addressed to the receiving State, act as representative of the sending State to any inter-governmental organization. When so acting, he shall be entitled to enjoy any privileges and immunities accorded to such a representative by customary international law or by international agreements; however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention.
Foreign Missions and International Organizations Act — F-29.4
Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that state.
Foreign Missions and International Organizations Act — F-29.4 1
1 Subject to the provisions of Articles 20, 22 and 23, the sending State may freely appoint the members of the consular staff.
Foreign Missions and International Organizations Act — F-29.4 2
2 The full name, category and class of all consular officers, other than the head of a consular post, shall be notified by the sending State to the receiving State in sufficient time for the receiving State, if it so wishes, to exercise its rights under paragraph 3 of Article 23.
Foreign Missions and International Organizations Act — F-29.4 3
3 The sending State may, if required by its laws and regulations, request the receiving State to grant an exequatur to a consular officer other than the head of a consular post.
Foreign Missions and International Organizations Act — F-29.4 4
4 The receiving State may, if required by its laws and regulations, grant an exequatur to a consular officer other than the head of a consular post.
Foreign Missions and International Organizations Act — F-29.4
In the absence of an express agreement as to the size of the consular staff, the receiving State may require that the size of the staff be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the consular district and to the needs of the particular post.
Foreign Missions and International Organizations Act — F-29.4
The order of precedence as between the consular officers of a consular post and any change thereof shall be notified by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.
Foreign Missions and International Organizations Act — F-29.4 1
1 Consular officers should, in principle, have the nationality of the sending State.
Foreign Missions and International Organizations Act — F-29.4 2
2 Consular officers may not be appointed from among persons having the nationality of the receiving State except with the express consent of that State which may be withdrawn at any time.
Foreign Missions and International Organizations Act — F-29.4 1
1 The receiving State may at any time notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is not acceptable. In that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post.
Foreign Missions and International Organizations Act — F-29.4 2
2 If the sending State refuses or fails within a reasonable time to carry out its obligations under paragraph 1 of this Article, the receiving State may, as the case may be, either withdraw the exequatur from the person concerned or cease to consider him as a member of the consular staff.