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EmailBulgarian Treaty
PEOPLE'S REPUBLIC OF BULGARIA
Consular Relations
TIAS 8067
26 U.S.T. 687; 1974 U.S.T. LEXIS 86
April 15, 1974, Date-Signed
May 29, 1975, Date-In-Force
Convention, with agreed memorandum and exchange of letters,signed at Sofia April 15, 1974;
Ratification advised by the Senate of the United States of America December
16, 1974;
Ratified by the President of the United States of America January 28, 1975;
Ratified by the People's Republic of Bulgaria July 29, 1974;
Ratifications exchanged at Washington April 28, 1975;
Proclaimed by the President of the United States of America May 12, 1975;
Entered into force May 29, 1975.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION CONSIDERING THAT:The Consular Convention between the United States of America and the People's Republic of Bulgaria, along with an Agreed Memorandum and related exchange of letters, was signed at Sofia on April 15, 1974, the texts of which, in the English and Bulgarian languages, are hereto annexed;
The Senate of the United States of America by its resolution of December 16, 1974, two-thirds of the Senators present concurring therein, gave its advice and consent to the ratification of the Convention along with the Agreed Memorandum
and related exchange of letters;
The Convention along with the Agreed Memorandum and related exchange of letters was ratified by the President of the United States of America on January 28, 1975, in pursuance of the advice and consent of the Senate, and was ratified on the part of the People's Republic of Bulgaria;
It is provided in Article 52 of the Convention that the Convention shall enter into force after the expiration of thirty days following the date of the exchange of instruments of ratification;
The instruments of ratification were exchanged at Washington on April 28, 1975, and accordingly the Convention along with the Agreed Memorandum and related exchange of letters will enter into force on May 29, 1975;
NOW, THEREFORE, I, Gerald R. Ford, President of the United States of America, proclaim and make public the Convention along with the Agreed Memorandum and related exchange of letters, to the end that they shall be observed and fulfilled with good faith on and after May 29, 1975, by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof.
IN TESTIMONY WHEREOF, I have signed this proclamation and caused the Seal of
the United States of America to be affixed.
DONE at the city of Washington this twelfth day of May in the year of our Lord one thousand nine hundred seventy-five and of the Independence of the United States of America the one hundred ninety-ninth.
Consular Convention between the United States of America and the People's Republic of Bulgaria
The United States of America and the People's Republic of Bulgaria:
Desiring to regulate and develop consular relations between the two countries in order to facilitate the protection of their national interests and the rights and interests of their nationals;
Have decided to conclude this Consular Convention and for this purpose have appointed as their Plenipotentiaries:
For the United States of America
Martin F. Herz, Ambassador of the United States of America
For the People's Republic of Bulgaria
Andon Traykov, First Deputy Minister of Foreign Affairs
Who, having communicated to each other their respective full powers, which were found in good and due form, have agreed as follows:
PART I
Definitions
Article 1
For the purposes of the present Convention, the terms listed below shall have the following meanings:
(a) "Consulate" means a consulate-general, consulate, vice-consulate, or consular agency;
(b) "Consular district" means the area assigned to a consulate for the performance of consular functions;
(c) "Head of a consulate" means a person who has been entrusted by the sending State to act in this capacity;
(d) "Consular officer" means any person, including the head of a consulate, to whom the exercise of consular functions has been entrusted by the sending State;
(e) "Consular employee" means any person who performs administrative, technical or service duties at a consulate;
(f) "Member of a consulate" means any consular officer or consular employee;
(g) "Premises of a consulate" means buildings or parts of buildings, as well as the grounds ancillary thereto, used exclusively for the purposes of a consulate, regardless of ownership;
(h) "Consular archives" means all official correspondence, documents, letters, books, films, tapes, records, codes and ciphers, office equipment, as well as filing cabinets and other furniture intended for their safekeeping;
(i) "Vessel of the sending State" means any vessel sailing under the flag of the sending State, excluding warships.
PART II OPENING OF CONSULATES AND APPOINTMENT OF CONSULAR OFFICERS AND CONSULAR EMPLOYEES
Article 2
Opening of Consulates
1. A consulate may be opened on the territory of the receiving State only with the consent of that State.
2. The seat of the consulate, its rank and consular district shall be determined by agreement between the sending and receiving States.
Article 3
Appointment of the Head of a Consulate
1. Prior to the appointment of a head of a consulate, the sending State must ascertain through diplomatic channels that the receiving State will recognize the person concerned as head of the consulate.
2. The sending State shall forward through diplomatic channels to the receiving State a consular commission or other similar document for the appointment of a head of a consulate. The consular commission or the other similar document shall contain the name of the head of the consulate, his rank, the consular district in which he will exercise his functions and the seat of the consulate.
3. After the presentation of the consular commission or other similar document for the appointment of a head of a consulate, the receiving State shall issue to him, in the shortest possible period of time, an exequatur or other authorization.
4. The head of a consulate may commence to exercise consular functions after the receiving State issues to him an exequatur or other authorization.
5. The receiving State may grant to the head of a consulate provisional recognition permitting him to exercise consular functions until such time as the exequatur or other authorization has been issued to him.
6. Immediately after granting recognition, even provisional, the competent authorities of the receiving State shall take all necessary measures to enable the head of the consulate to exercise his functions and to enjoy the rights, facilities, privileges and immunities due him under the Convention and the law of the receiving State.
Article 4
Exercising Temporarily the Functions of a Head of a Consulate
1. If for some reason the head of a consulate is unable to carry out his functions, or if the position of head of a consulate is vacant, the sending State may entrust a consular officer of the same or of another consulate in the receiving State, or a member of the diplomatic staff of the diplomatic mission in the receiving State, with the temporary exercise of the functions of head of
the consulate. The receiving State shall be notified in advance of the name of this person.
2. The person entrusted with the temporary exercise of the functions of a head of a consulate shall enjoy the rights, facilities, privileges and immunities as the head of the consulate as provided by this Convention.
3. Entrusting a member of the diplomatic staff of the diplomatic mission of the sending State with consular functions according to Paragraph 1 of this Article does not limit the privileges and immunities to which he is entitled by virtue of his diplomatic status, subject to the provisions of Article 44 of this Convention.
Article 5
Notification of the Appointment of Consular Officers and Consular Employees
1. The sending State shall notify the receiving State, in advance, in writing, of the full name, function and class of each consular officer.
2. The sending State shall also notify the receiving State in writing of:
(a) the appointment of members of a consulate, their arrival after their appointment, their final departure or the termination of their functions, as well as all other changes affecting their status which may take place while they are working in the consulate;
(b) the arrival and final departure of a member of the family of a member of the consulate who resides with him as part of his household, and also when an individual becomes or ceases to be a member of the family;
(c) the employment or dismissal of a person as a member of a consulate who is a national or permanent resident of the receiving State.
Article 6
Issuance of an Identity Document
The receiving State shall issue to each consular officer an appropriate document certifying his right to perform consular functions in the territory of the receiving State.
Article 7
Nationality of Consular Officers
A consular officer shall be a national of the sending State and shall not be a national or a permanent resident of the receiving State.
Article 8
Declaring as Unacceptable a Head of a Consulate or Other Member of a Consulate
The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the consulate or other consular officer is persona non grata or that another member of the consulate is unacceptable. In such a case the sending State is obliged to recall such person or terminate his functions in the consulate. If the sending State fails within a
reasonable time to carry out its obligation, the receiving State may refuse to recognize the person concerned as a member of the consulate.
PART III RIGHTS, FACILITIES, PRIVILEGES AND IMMUNITIES
Article 9
Facilities for the Operation of a Consulate
The receiving State shall ensure the proper conditions for the normal operation of a consulate and shall take all necessary measures to enable members of the consulate to carry out their duties and enjoy the rights, facilities, privileges and immunities provided by the present Convention and the law of the receiving State.
Article 10
Use of the National Flag and Coat-of-arms
1. The coat-of-arms of the sending State, along with the inscription of the consulate in the language of the sending and of the receiving States, may be placed on the consular premises.
2. The flag of the sending State may be flown at the consular premises and at the residence of the head of a consulate.
3. The flag of the sending State may be flown on the official means of transport of the head of a consulate.
4. In exercising the rights stipulated by this Article the law and customs of
the receiving State shall be observed.
Article 11
Acquiring Consular Premises and Residences
1. The sending State shall have the right, in the territory of the receiving State, in accordance with the law of the receiving State, to acquire, own, lease for any period of time, construct and improve, or otherwise hold and occupy such grounds, buildings and appurtenances as may be necessary and appropriate for consular purposes, including residences for consular officers and consular employees who are not nationals or permanent residents of the receiving State.
2. The receiving State shall render all necessary assistance to the sending State with a view to facilitating the acquisition of grounds, buildings or parts of buildings for the purposes mentioned in paragraph 1 of this Article.
3. The provisions of paragraph 1 of this Article do not exempt the sending State from the obligation to observe the law of the receiving State relating to construction and zoning applicable to the region in which the respective grounds, buildings or parts of buildings are located.
Article 12
Inviolability of the Consular Premises and of the Residence of the Head of a Consulate
1. The consular premises shall be inviolable. The authorities of the receiving State may not enter the consular premises without the consent of the head of the consulate, the chief of the diplomatic mission of the sending State, or of a person designated by one of them. The receiving State shall take the necessary measures to ensure the protection of the consular premises.
2. The provisions of paragraph 1 of this Article shall also apply to the residence of the head of a consulate.
Article 13
Inviolability of the Consular Archives
The consular archives shall be inviolable at all times and regardless of the place where they are located.
Article 14
Freedom of Communication
1. A consulate shall be entitled to exchange communications with its government, with the diplomatic missions and with other consulates of the sending State, wherever they may be. For this purpose the consulate may employ all ordinary means of communication, ciphers, diplomatic or consular couriers, diplomatic or consular bags. With respect to public means of communication the same tariffs and conditions shall be applied in the case of a consulate as are applied in the case of the diplomatic mission. A consulate may install and use a radio transmitter only with the consent of the receiving State.
2. The official correspondence of a consulate, regardless of the means of communication employed, as well as sealed consular pouches, bags and other containers, provided they bear visible external marks of their official character, shall be inviolable. They may contain nothing other than official correspondence or articles intended exclusively for official use.
3. The official correspondence of a consulate, including consular pouches, bags or other containers, as described in paragraph 2 of this Article, shall neither be opened nor detained. Nevertheless, if the competent authorities of the receiving State have serious reason to believe that such pouch, bag or other container contains articles other than official correspondence or documents and articles intended exclusively for official use, they may request that such pouch, bag or other container be returned to its place of origin.
4. Consular couriers of the sending State shall enjoy on the territory of the receiving State the same rights, privileges and immunities enjoyed by diplomatic couriers.
5. The master of a vessel or the captain of a civil aircraft of the sending State may also be charged with the conveyance of a consular bag. The master or captain shall be provided with an official document indicating the number of containers forming the consular bag entrusted to him; he shall not, however, be considered to be a consular courier. By arrangement with the appropriate authorities of the receiving State, the consulate may send a member of the consulate to take possession of the consular bag directly and freely from the master of the vessel or captain of the aircraft or to deliver such bag to him.
Article 15
Respect of the Person of Members of a Consulate and the Members of their Families
The receiving State shall be obliged to treat the members of the consulate and the members of their families residing with them as part of their households with due respect and to take all appropriate measures to prevent any encroachment upon their person, freedom or dignity.
Article 16
Immunity of Members of a Consulate from the Jurisdiction of the Receiving State
1. Consular officers and members of their families residing with them and forming part of their households shall be immune from the criminal, civil and administrative jurisdiction of the receiving State.
2. Consular employees and members of their families residing with them and forming part of their households shall be immune from the criminal jurisdiction of the receiving State. They shall also be immune from the civil and administrative jurisdiction of the receiving State with respect to any act performed in their official capacity.
3. The provisions of paragraphs 1 and 2 of this Article shall not, however, apply to civil proceedings:
(a) resulting from contracts that have not been concluded by the consular officer or consular employee on behalf of the sending State;
(b) concerning succession, in respect of which the consular officer or consular employee is involved as an executor, administrator, heir or legatee as a private person and not on behalf of the sending State;
(c) concerning liability for damages caused in the receiving State by means of transport;
(d) concerning private immovable property on the territory of the receiving State, unless the consular officer or consular employee holds it on behalf of the sending State for the purposes of the consulate.
4. No measures of execution shall be taken against the persons mentioned in this Article, except in the cases under paragraph 3, (a), (b), (c) and (d), of this Article, and under the condition that these measures shall not infringe upon the inviolability of their person or residence.
Article 17
Waiver of Immunity 1. The sending State may waive the immunity from jurisdiction of members of a consulate, and of the members of their families residing with them and forming part of their households. Such waiver shall always be express and in writing.
Waiver of immunity from jurisdiction with respect to civil proceedings shall not be held to imply waiver of immunity with respect to the execution of judgment, for which a separate waiver shall be necessary.
2. In the event a member of a consulate or a member of his family residing with him and forming part of his household initiates legal proceedings with respect to which he would enjoy immunity from jurisdiction under Article 16 of this Convention, he has no right to invoke immunity with regard to any counter-claim directly related to the principal claim.
Article 18
Exemption from Obligation to Give Witness Testimony
1. Members of a consulate may be requested to give evidence as witnesses in judicial or administrative proceedings. Consular employees are not entitled to decline to give evidence with the exception of the cases referred to in paragraph 3 of this Article. If a consular officer declines to give evidence, no coercive measure shall be taken against him.
2. The appropriate provisions of paragraph 1 of this Article pertaining to consular officers and consular employees shall also apply to members of their families residing with them as part of their households.
3. Members of a consulate are entitled to decline to give evidence as witnesses with regard to matters falling within the performance of their official functions or to produce any official document and official correspondence. They are also entitled to decline to give opinions as experts on the law of the sending State, as well as on its application and interpretation.
4. The authorities of the receiving State taking evidence from consular officers or from consular employees shall take all steps to avoid interference with the performance of their official functions. Where it is possible, the evidence may be given at the consulate or at the residence of the consular officer or consular employee, or it may be given in a written form.
Article 19
Exemption from Services and Duties
The receiving State shall exempt the members of a consulate and the members of their families living with them and forming part of their households, from any services of a compulsory nature, as well as from any public or military duties.
Article 20
Exemption from Registration
Members of a consulate and members of their families living with them and forming part of their households, shall be exempt from all obligations provided for in the law of the receiving State regarding registration, residence permits and other similar requirements applicable to aliens.
Article 21
Exemption of the Sending State from Dues and Taxes on Real Property
1. No national, regional or local dues or taxes of any kind shall be imposed or collected in the receiving State in respect of
(a) grounds, buildings or parts of buildings owned or leased by the sending State or by a natural or juridical person acting on behalf of that State and used exclusively for any of the purposes specified in Article 11 of this Convention;
(b) transactions or documents relating to the acquisition of such immovable property.
2. The provisions of subparagraph 1 (a) of this Article shall not apply with regard to payments for specific services rendered.
3. The exemption accorded under paragraph 1 of this Article shall not apply to such dues and taxes, if under the law of the receiving State they are payable by a person contracting with the sending State or with a person acting on its behalf.
Article 22
Exemption of the Sending State from Dues and Taxes on Movable Property
The sending State shall be exempt from all dues and taxes on movable property which it owns or possesses and is used for consular purposes, as well as from all dues and taxes in connection with the acquisition, possession or maintenance of such property.
Article 23
Exemption of Members of a Consulate from Dues and Taxes
1. A member of a consulate and members of his family residing with him as part of his household shall be exempt from all dues and taxes imposed by the receiving State with respect to the salaries, wages, emoluments and allowances received from the sending State for the performance of official duties.
2. A member of a consulate, as well as members of his family residing with him as part of his household, shall be exempt from payment of all dues and taxes, whether national, regional or municipal, including dues and taxes on movable property belonging to them.
3. The exemption provided by paragraph 2 of this Article shall not apply with respect to:
(a) indirect taxes normally included in the price of goods and services;
(b) taxes and dues imposed on private immovable property located on the territory of the receiving State, unless an exemption is provided by Article 21 of this Convention;
(c) estate and inheritance taxes and taxes on the transfer of property rights imposed by the receiving State, except as provided in Article 25 of this Convention;
(d) dues and taxes on any kind of private income derived in the receiving State;
(e) charges collected for rendering specific services;
(f) dues and taxes on transactions or on documents related to transactions, including fees of any kind collected by reason of such transactions, except for taxes and charges exemption from which is provided by Article 21 of this Convention.
4. Members of a consulate who employ persons whose wages and salaries are not exempt from payment of income tax in the receiving State, shall observe the requirements under the law of the receiving State on employers' obligations for the collection of income taxes.
Article 24
Exemption from Customs Duties and Inspection
1. All articles, including motor vehicles, imported for the official use of a consulate shall, in conformity with the law of the receiving State, be exempt from customs duties and other dues and taxes of any kind imposed upon or by reason of importation to the same extent as if they were imported by the diplomatic mission of the sending State in the receiving State.
2. A consular officer and members of his family residing with him as part of his household shall be exempt from customs duties and charges imposed upon or by reason of importation of all articles designed for their personal use, including articles for the initial equipment of their households. A consular employee shall enj