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EmailUK Bilateral Consular Treaty
Note: The following United Kingdom convention applies to the following nations: Antigua and Barbuda, Bahamas, Barbados, Belize, Brunei, Cyprus, Dominica, Fiji, Gambia, Ghana, Grenada, Guyana, Jamaica, Kiribati, Kuwait, Malaysia, Malta, Mauritius, Nigeria, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Seychelles, Sierra Leone, Singapore, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, the United Kingdom, Zambia and Zimbabwe.
3 U.S.T. 3426
UNITED KINGDOM
CONSULAR OFFICERS
TIAS 2494
3 U.S.T. 3426; 1951 U.S.T. LEXIS 519
June 6, 1951, Date-Signed
September 7, 1952, Date-In-Force
STATUS:
Convention, with protocol of signature, signed at Washington June 6, 1951; ratification advised by the Senate of the United
States of America June 13, 1952; ratified by the President of the United States of America June 26, 1952; ratified by the
United Kingdom of Great Britain and Northern Ireland July 19, 1952; ratifications exchanged at London August 8, 1952; proclaimed
by the President of the United States of America September 8, 1952; entered into force September 7, 1952.
TEXT:
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
WHEREAS a consular convention and accompanying protocol of signature between the United States of America and the United Kingdom
of Great Britain and Northern Ireland were signed by their respective plenipotentiaries at Washington on June 6, 1951, the
originals of which convention and protocol of signature are word for word as follows:
The President of the United States of America; and
His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas;
Being desirous of regulating the position of consular officers of one party in the territories of the other;
Have decided to conclude a Consular Convention and have appointed as their Plenipotentiaries for this purpose:
The President of the United States of America:
Mr. Dean Acheson, Secretary of State of the United States of America, and
His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas (hereinafter referred to as "His
Majesty"):
For the United Kingdom of Great Britain and Northern Ireland:
Sir Oliver Shewell Franks, K. C. B., C. B. E., British Ambassador to the United States of America,
Who, having communicated to each other their respective full powers, which were found in good and due form, have agreed as
follows:
PART I. APPLICATION AND DEFINITIONS
ARTICLE 1
This Convention applies
(1) on the part of the United States of America, to all territories subject to the sovereignty or authority of the United
States of America, excepting the Panama Canal Zone;
(2) on the part of His Majesty, to the United Kingdom of Great Britain and Northern Ireland, Southern Rhodesia, to all His
Majesty's colonies and protectorates, to all territories under His protection, and to all territories under trusteeship administered
by His Government in the United Kingdom.
ARTICLE 2
For the purpose of this Convention
(1) the term "sending state" means, according to the context, the High Contracting Party by whom the consular officer is appointed,
or all the territories of that party to which the Convention applies;
(2) the term "receiving state" means, according to the context, the High Contracting Party within whose territories the consular
officer exercises the functions required by his office, or all the territories of that party to which the Convention applies;
(3) (a) the term "territory" means that particular territory of the receiving state in which the whole or part of a consular
officer's district is situated;
(b) the United Kingdom of Great Britain and Northern Ireland, including the Channel Islands and the Isle of Man, shall be
regarded as a single territory; and Southern Rhodesia and each of His Majesty's colonies or protectorates, each of the territories
under His protection and each of the territories under trusteeship administered by His Majesty's Government in the United
Kingdom shall be regarded as a separate territory; provided that for the purposes of Article 13 the Channel Islands and the
Isle of Man shall each be regarded as a separate territory;
(c) the states of the United States of America and the District of Columbia shall be regarded as a single territory, and each
other territory subject to the sovereignty or authority of the United States of America shall be regarded as a separate territory;
provided that for the purposes of Article 13 the states of the United States, the District of Columbia, Alaska, and Hawaii
shall be regarded as a single territory;
(4) the term "nationals"
(a) in relation to His Majesty, means all citizens of the United Kingdom and colonies, all citizens of Southern Rhodesia,
and all British protected persons belonging to territories of His Majesty to which the Convention applies, including, where
the context permits, all juridical entities duly created under the law of any of those territories;
(b) in relation to the United States of America, means all citizens of the United States and all persons under the protection
of the United States, including, where the context permits, all juridical entities duly created in, or under the law of, any
part of the United States of America or of any state or territory thereof to which the Convention applies;
(5) the term "vessel" of a High Contracting Party means any ship or craft documented (or registered) under the law of any
of the territories of that High Contracting Party to which the Convention applies;
(6) the term "consular officer" means any person who is granted an exequatur or provisional or other authorization by the
appropriate authorities of the territory;
(7) the term "consular employee" means any person employed at a consulate for the performance of executive, administrative,
clerical, technical or professional duties, or as consular guard, messenger or driver of a vehicle whose name has been duly
communicated, in accordance with the provisions of paragraph (2) of Article 6, to the appropriate authorities. It does not
include any person employed on domestic duties.
PART II. APPOINTMENTS AND DISTRICTS
ARTICLE 3
(1) Either High Contracting Party may establish and maintain consulates in the territories of the other at any place where
any third state possesses a consulate and at any other place where the receiving state agrees to the establishment of a consulate.
It shall be within the discretion of the sending state to determine whether the consulate shall be a consulate-general, consulate,
vice-consulate, or consular agency.
(2) The sending state shall keep the receiving state informed of the district of each of its consulates and, subject to paragraph
(3) of this Article, may prescribe the limits of these districts at its discretion.
(3) The receiving state shall have the right to object to the inclusion within a consular district
(a) of any area which is not within a consular district and is not open to the Trade Commissioners or commercial representatives
of a third state;
(b) of any territory of a third state.
(4) A consular officer may, upon notification to the receiving state, perform consular functions outside his consular district,
unless the receiving state objects.
ARTICLE 4
(1) Subject to the provisions of the subsequent paragraphs of this Article, the sending state may assign to any of its consulates,
consular officers of such number and rank as it may deem necessary. The sending state shall notify the receiving state in
writing of the assignment of a consular officer to a consulate.
(2) The exequatur or other authorization shall be granted as soon as possible and free of charge by the receiving state on
presentation of the officer's commission or other notification of assignment. When necessary, a provisional authorization
shall be accorded, pending the grant of an exequatur or other authorization.
(3) The exequatur or other authorization shall not be refused without good
cause.
(4) The receiving state shall not be deemed to have consented to a consular officer's acting as such, or to have extended
to him the benefits of the provisions of this Convention, until the receiving state has granted him an exequatur or other
authorization.
ARTICLE 5
(1) The receiving state shall upon request inform without delay its appropriate authorities of the name of any consular officer
entitled to act under this Convention.
(2) As an official agent of the sending state, a consular officer shall be entitled to special protection and to the high
consideration of all officials of the receiving state with whom he has official intercourse.
(3) The receiving state may revoke the exequatur or other authorization of a consular officer whose conduct has given serious
cause for complaint. The reason for such revocation shall, upon request, be furnished to the sending state through diplomatic
channels.
ARTICLE 6
(1) A consular officer or employee may be assigned temporarily in an acting capacity to the duties of a consular officer who
has died or is unable to act through illness, absence or other cause. Such acting officer may perform these duties and enjoy
the benefit of the provisions of this Convention upon notification to the government of the territory, pending the return
to duty of the consular officer concerned, the assignment of a new officer or the confirmation of the acting officer.
(2) The sending state shall be free to employ the necessary number of consular employees at its consulates, whether its own
nationals or nationals of the receiving state or of a third state. Consular officers shall keep the government of the territory
informed of the names and addresses of these employees. It will be for the government of the territory to designate the particular
authority to whom this information is to be given.
(3) The sending state may, with the permission of the receiving state, assign to the work of a consulate one or more members
of its diplomatic mission accredited to the receiving state. In this event the provisions of Article 4 shall apply as regards
their consular assignment. These officers shall be entitled, in their consular capacity and with regard to the performance
of consular functions, to the benefits, and be subject to the obligations, of this Convention, without prejudice to any additional
personal privileges to which they may be entitled if they are recognized also as diplomatic officers by the receiving state.
PART III. LEGAL RIGHTS AND IMMUNITIES
ARTICLE 7
(1) The sending state may acquire under such form of tenure as it may choose, whether on lease, or in full ownership, or under
such other form of tenure as may exist under the laws of the territory, and may thus hold and occupy, either in its own name
or in the name of one or more natural or juridical persons acting on its behalf, land, buildings, parts of buildings, and
appurtenances located in the territory and required by the sending state for the purpose of a consular office, or of a residence
for a consular officer or employee, or for other purposes, to which the receiving state does not object, arising out of the
operation of the consular establishment of the sending state. If, under the law of the territory, the permission of the authorities
of the territory must be obtained as a prerequisite to any such acquisition, such permission shall be granted on request.
(2) The sending state shall have the right to erect, for any of the purposes specified in paragraph (1) of this Article, buildings
and appurtenances on land which it so owns or holds on lease, subject to compliance with local building, zoning, or town planning
regulations, applicable to all land in the area in which such land is situated.
ARTICLE 8
(1) There may be placed, on the outer enclosure and outer wall of the building in which a consulate is installed, the coat-of-arms
or national device of the sending state with an appropriate inscription designating the consulate in the official language
of the sending state. It shall also be permitted to place such coat-of-arms or national device and inscription on or by the
entrance door to the consular office.
(2) The flag of the sending state and its consular flag may be flown at the consulate. A consular officer may also place the
coat-of-arms or device and fly the flag of the sending state and its consular flag on the vehicles, marine vessels and aircraft
which he employs in the exercise of his duties. On suitable occasions these flags may also be flown at the consular officer's
residence.
(3) If the offices of a consulate are situated in a building which is also used for other purposes such as, for instance,
the residence of the consular officer, the room or rooms where the consular business is conducted and the archives and official
papers of the consulate are kept shall be separate from those used for other purposes. This provision does not require the
separation of diplomatic from consular rooms when a consular office forms part of a diplomatic mission.
(4) A consular office shall not be entered by the police or other authorities of the territory, provided such office is devoted
exclusively to consular business, except with the consent of the consular officer or, if such consent cannot be obtained,
pursuant to appropriate writ or process and with the consent of the Secretary of State for Foreign Affairs in the case of
the territories referred to in paragraph (2) of Article 1 and of the Secretary of State in the case of the territories referred
to in paragraph (1) of Article 1. The consent of the consular officer shall be presumed in the event of fire or other disaster
or in the event that the authorities of the territory have probable cause to believe that a crime of violence has been or
is being or is about to be committed in the consular office. The provisions of this paragraph shall not apply to a consular
office which is in the charge of a consular officer who is a national of the receiving state, or who is not a national of
the sending state.
(5) Neither a consular office, nor the flag of the sending state, shall be used to afford asylum to fugitives from justice.
If a consular officer shall refuse to surrender a fugitive from justice on the lawful demand of the authorities of the territory,
these authorities may, subject to paragraph (4) of this Article, if necessary, enter the consular office to apprehend the
fugitive.
(6) Any entry into or search of a consular office pursuant to paragraphs (4) and (5) of this Article, shall be conducted with
due regard to the inviolability of the consular archives, as provided in paragraph (1) of Article 10.
(7) A consular officer shall not take advantage of the privileges accorded to the consular office by this Convention for any
purpose not connected with the exercise of his consular functions.
ARTICLE 9
(1) Land, buildings and parts of buildings, and appurtenances, including the furniture and equipment therein, held or occupied
exclusively for any of the purposes specified in paragraph (1) of Article 7, as well as the vehicles, marine vessels and aircraft
of a consulate, shall not be subject to military requisitions or billeting. Such land, buildings and parts of buildings, and
appurtenances shall not be immune from expropriation or seizure for purposes of national defense or public utility in accordance
with the law of the territory, but if it is necessary to take any such measure with regard to any such property, every consideration
shall be shown to avoid interference with the performance of consular functions.
(2) In addition, a consular officer or employee, provided that in both cases he complies with the conditions set out in paragraph
(5) of this Article, his private residence, furniture and other household articles, and all vehicles, marine vessels and aircraft
held or possessed by him, shall enjoy exemption from all military requisitions, contributions or billeting. This privilege
shall not be extended to other property belonging to him. The residence of a consular officer or employee shall not be immune
from expropriation or seizure for purposes of national defense or public utility in accordance with the law of the territory.
(3) Further, due compensation for expropriation or seizure, payable at the official selling rate of exchange most favorable
to the sending state at the time when the property was expropriated or seized, in a form readily convertible into the currency
of and transferable to the sending state, in respect of all proprietary interests in a consulate (including all land, buildings,
parts of buildings and appurtenances, held or occupied exclusively for any of the purposes specified in paragraph (1) of Article
7) vested in the sending state or in a consular officer or employee who complies with the conditions of paragraph (5) of this
Article, shall be paid not later than three months from the date on which the consulate or consular officer or employee is
deprived of possession.
(4) A consular officer, who is not a national of the receiving state, and also an employee, provided that he complies with
the conditions set out in paragraph (5) of this Article, shall enjoy exemption from military, naval, air, police, administrative
or jury service of every kind.
(5) The conditions referred to in paragraphs (2), (3) and (4) of this Article are that the person concerned should
(a) be a national of the sending state and not possess the nationality of the receiving state; and
(b) not be engaged in private occupation for gain in the territory; and
(c) not have been normally resident within the territory at the time he was appointed to the consulate.
ARTICLE 10
(1) The archives and all other official documents and papers kept in a consulate shall at all times be inviolable and the
authorities of the territory may not under any pretext examine or detain any of them. The archives and official papers of
a consulate shall be kept separate from papers, books or correspondence of a consular officer or employee relating to other
matters. This provision does not require the separation of diplomatic from consular archives and official papers when a consular
office forms part of a diplomatic mission.
(2) A consular officer may communicate with his government, or with the diplomatic mission under whose superintendence he
is, by post, telephone, telegraph and wireless, provided that when the receiving state is at war the right of communication
with the diplomatic mission, if it is situated outside the territories of the receiving state, may be restricted. In addition,
he may send and receive official correspondence by sealed consular pouches, bags, and other containers and may use secret
language. This right shall also extend to correspondence with other consulates and diplomatic missions of the sending state,
or with the authorities of other territories of that state, except that, when the receiving state is at war, this extended
right may be restricted.
(3) The official consular correspondence referred to in the preceding paragraph shall be inviolable and the authorities of
the territory shall not examine or detain it. Sealed consular pouches, bags and other containers shall be inviolable when
they contain nothing but official communications and documents and are so certified by a responsible officer of the sending
state.
(4) A consular officer or employee shall be entitled to refuse a request from the courts or authorities of the territory to
produce any documents from his archives or other official papers or to give evidence relating to matters within the scope
of his official duties. Such a request shall, however, be complied with in the interests of justice if, in the judgment of
the consular officer or employee, it is possible to do so without prejudicing the interests of the sending state. A consular
officer is also entitled to decline to give evidence as an expert witness with regard to the laws of the sending state.
ARTICLE 11
(1) (a) A consular officer or employee shall not be liable, in proceedings in the courts of the receiving state, in respect
of acts performed in his official capacity, falling within the functions of a consular officer under this Convention, unless
the sending state requests or assents to the proceedings through its diplomatic representative.
(b) A consular officer who is a national of the sending state and is not a national of the receiving state and is not engaged
in any private occupation for gain in the receiving state shall enjoy the most favorable treatment possible under the laws
of the territory with regard to arrest or prosecution in respect of acts performed otherwise than in his official capacity.
(2) It is understood that the provisions of paragraph (1) (a) of this Article do not preclude a consular officer or employee
from being held liable in a civil action arising out of a contract concluded by him in which he did not expressly contract
as agent for his government and in which the other party looked to him personally for performance, and that the provisions
of paragraph (4) of Article 10 do not entitle a consular officer or employee to refuse to produce any document or to give
evidence relating to such a contract.
(3) A consular officer or employee may be required to give testimony in either a civil or a criminal case, except as provided
in paragraph (4) of Article 10. The authorities and court requiring his testimony shall take all reasonable steps to avoid
interference with the performance of his official duties. The court requiring the testimony of a consular officer shall, wherever
possible or permissible, arrange for the taking of such testimony, orally or in writing, at his residence or office.
(4) A consular officer and his wife and minor children who are residing with their parents shall be exempted in the territory
from the requirements of the law of the territory with regard to the registration of foreigners and permission to reside,
and shall not be subject to deportation while the consular officer holds his exequatur or other authorization.
(5) All motor vehicles, marine vessels and aircraft owned by the sending state and used by the consulate or owned by a consular
officer or employee will be adequately insured by policies against third party risks. Any claim arising under any such policy
shall be deemed to be a claim arising out of a contract involving liability in a civil action, as contemplated in paragraph
(2) of this Article.
PART IV. FINANCIAL PRIVILEGES
ARTICLE 12
(1) No tax or other similar charge of any kind (national, state, provincial, municipal, or other) shall, in the territory,
be collected from the sending state or any natural or juridical person acting on its behalf in respect of land, buildings,
parts of buildings, or appurtenances owned or otherwise held or occupied, or in respect of buildings or parts of buildings
erected by or on behalf of the sending state, and used exclusively for any of the purposes specified in paragraph (1) of Article
7, except taxes or other assessments levied for services or local public improvements by which and to the extent that the
premises are benefited.
(2) No tax or other similar charge of any kind (national, state, provincial, municipal, or other) shall, in the territory,
be collected from the sending state, or any natural or juridical person acting on its behalf, in respect of the ownership,
possession, or use of movable property owned or used by the sending state exclusively for any of the purposes specified in
paragraph (1) of Article 7.
(3) No tax or other similar charge of any kind shall, in the territory, be collected from the sending state in respect of
transactions or instruments relating to the acquisition of immovable property for any of the purposes specified in paragraph
(1) of Article 7.
ARTICLE 13
(1) (a) No tax or other similar charge of any kind shall be imposed or collected in the territory by the receiving state,
or by any state, province, municipality, or other local subdivision thereof, in respect of fees received on behalf of the
sending state in compensation for consular services, or in respect of any receipt given for the payment of such fees.
(b) The sending state or a consular officer or employee thereof shall be exempt in the territory from all taxes or other similar
charges of any kind imposed or collected by the receiving state, or by any state, province, municipality, or other local subdivision
thereof, in respect of acts performed in the course of the officer's or employee's official functions. This exemption shall
not apply to taxes or other similar charges in respect of which some other person is legally liable, notwithstanding that
the burden of the tax or other similar charge may be passed on to the sending state or the consular officer or employee.
(2) No tax or other similar charge of any kind shall be imposed or collected in the territory by the receiving state, or by
any state, province, municipality, or other local subdivision thereof, in respect of the official emoluments, salaries, wages
or allowances received as compensation for his consular services by a consular officer, unless he is a national of the receiving
state and is not also a national of the sending state.
(3) The provisions of paragraph (2) of this Article also apply to the official emoluments, salaries, wages or allowances received
by a consular employee as compensation for his services at a consulate, unless such consular employee is a national of the
receiving state and is not also a national of the sending state.
(4) Without prejudice to the preceding paragraphs of this Article, a consular officer or employee who is
(a) not a national of the receiving state,
(b) not engaged in private occupation for gain in the territory, and
(c) a permanent employee of the sending state or, if not a permanent employee thereof, was not resident in the territory at
the commencement of his employment in the consulate, shall, except as provided in paragraph (5) of this Article, be exempt
in the territory from all taxes or other similar charges of any kind which are or may be imposed or collected by the receiving
state, or by any state, province, municipality, or other local subdivision thereof.
(5) (a) The provisions of paragraph (4) of this Article shall apply only to taxes or other similar charges in respect of which
the consular officer or employee would, in the absence of the exemption provided by this Article, be the person legally liable,
and shall not apply to taxes or other similar charges in respect of which some other person is legally liable, notwithstanding
that the burden of the tax or other similar charge may be passed on to the consular officer or employee, or to duties or taxes
payable on the withdrawal of goods from a bonded warehouse. If, however, a consular officer or employee is entitled to income
from sources outside the territory but that income is payable to him, or collected on his behalf, by a banker or other agent
within the territory who is required to deduct income tax on payment of the income and to account for the tax so deducted,
the consular officer or employee shall be entitled to repayment of the tax so deducted.
(b) The provisions of paragraph (4) shall not apply to
(i) taxes imposed or collected on the ownership or occupation of immovable property situated within the territory;
(ii) taxes on income derived from sources within the territory;
(iii) taxes imposed or collected on the passing of property on death, such as estate, inheritance and succession taxes, whether
the consular officer or employee is the person who dies or the person to whom the property passes on death;
(iv) taxes on transactions or instruments effecting transactions, such as taxes on the sale or transfer of money or property
or stamp duties imposed or collected in connection therewith; and
(v) taxes and duties imposed upon, or by reason of, importation of articles into the territory which are dealt with exclusively
in Article 14.
(6) Nothing in this Convention shall prejudice any claim for exemption from taxation which could be made under the Conventions
signed April 16, 1945, and the Protocol signed June 6, 1946 between the United States of America and the United Kingdom of
Great Britain and Northern Ireland.
ARTICLE 14
(1) All furniture, equipment, supplies, building materials and other articles, including vehicles, marine vessels and aircraft,
intended for official use in the territory in connection with any of the purposes specified in paragraph (1) of Article 7
shall be permitted entry into the territory free of all taxes or duties imposed upon, or by reason of, importation.
(2) Baggage and effects and other articles, including vehicles, marine vessels and aircraft, imported into the territory by
a consular officer or employee, provided that he fulfills the conditions specified in paragraph (4) of Article 13, exclusively
for his personal use and the use of members of his family forming part of his household, shall be exempt from all taxes or
duties (national, state, provincial, municipal, or other) imposed upon, or by reason of, importation, whether accompanying
him to his consular post, either upon first arrival or upon subsequent arrivals, or subsequently consigned to him at his post
and imported at any time while he is assigned to or employed at such post.
(3) It is, however, understood that
(a) the receiving state may, as a condition to the granting of the exemption provided in this Article, require that a notification
of any importation be given in such manner as it may prescribe;
(b) the exemption provided in this Article, being in respect of articles imported for official or personal use only, does
not extend, inter alia, to articles imported as an accommodation to others or for sale or for other commercial purposes. However,
articles imported as samples of commercial products solely for display within a consulate, shall not be regarded as excluded
from the exemption provided in this Article;
(c) the receiving state may determine that the exemption provided by this Article does not apply in respect of articles grown,
produced or manufactured in the territory which have been exported therefrom without payment of, or upon repayment of, taxes
or duties which would have been chargeable but for such exportation;
(d) nothing herein shall be construed to permit the entry into the territory of any article the importation of which is specifically
prohibited by law.
PART V. PROTECTION OF NATIONALS
ARTICLE 15
(1) A consular officer shall be entitled within his district to
(a) interview, communicate with and advise any national of the sending state;
(b) inquire into any incidents which have occurred affecting the interests of any such national;
(c) assist any such national in proceedings before or in relations with the authorities of the territory, and, where necessary,
arrange for legal assistance for him.
(2) For the purposes of the protection of the nationals of the sending state and their property and interests, a consular
officer shall be entitled to apply to and correspond with the appropriate authorities within his district and the appropriate
departments of the central government of the territory. He shall not, however, be entitled to correspond with or to make diplomatic
claims to the Department of State or the Foreign Office, as the case may be, except in the absence of any diplomatic representative
of the sending state.
(3) A national of the sending state shall have the right at all times to communicate with the appropriate consular officer
and, unless subject to lawful detention, to visit him at his consulate.
ARTICLE 16
(1) A consular officer shall be informed immediately by the appropriate authorities of the territory when any national of
the sending state is confined in prison awaiting trial or is otherwise detained in custody within his district. A consular
officer shall be permitted to visit without delay, to converse privately with and to arrange legal representation for, any
national of the sending state who is so confined or detained. Any communication from such a national to the consular officer
shall be forwarded without delay by the authorities of the territory.
(2) Where a national of the sending state has been convicted and is serving a sentence of imprisonment, the consular officer
in whose district the sentence is being served shall, upon notification to the appropriate authority, have the right to visit
him in prison. Any such visit shall be conducted in accordance with prison regulations, which shall permit reasonable access
to and opportunity of conversing with such national. The consular officer shall also be allowed, subject to the prison regulations,
to transmit communications between the prisoner and other persons.
PART VI. NOTARIAL ACTS AND OTHER SERVICES
ARTICLE 17
(1) A consular officer may within his district
(a) receive such declarations as may be required to be made under the nationality laws of the sending state;
(b) issue such notices to, and receive such declarations from, a national of the sending state as may be required under the
laws of the sending state with regard to compulsory national service;
(c) register the birth or death of a national of the sending state and record a marriage celebrated under the law of the territory
when at least one of the parties is a national of the sending state;
(d) receive, draw up or execute any declaration, transfer, or other document prescribed by the law of the sending state in
connection with the transfer to the register (or documentation) of the sending state of any vessel and its removal from the
register (or documentation), and with the transfer of any vessel on the register (or documentation) from one owner to another,
and with the registration (or documentation) of any mortgage or charge upon such a vessel;
(e) issue passports and travel documents to a national of the sending state and grant visas and other appropriate documents
to a person seeking entry into the sending state;
(f) further the commercial, artistic, scientific, professional and educational interests of the sending state;
(g) serve judicial documents or take evidence on behalf of courts of the sending state in a manner permitted under special
arrangements on this subject between the High Contracting Parties or otherwise not inconsistent with the laws of the territory.
(2) It is understood that consular registration of a birth or death and the recording by a consular officer of a marriage
celebrated under the law of the territory in no way exempts a private person from any obligation laid down in the law of the
territory with regard to the notification and registration of births, deaths, or marriages with the authorities of the territory.
(3) A consular officer may, within his district, draw up and receive declarations, and may legalize, authenticate or certify
signatures or documents, translate documents and perform other notarial acts in connection with documents in any case where
these services are required by a person of any nationality for use in the sending state or under the law in force in the sending
state. If under that law the administration of an oath or affirmation is required, the oath or affirmation may be administered.
A consular officer may also perform these functions in connection with documents required by a national of the sending state
for use elsewhere, but it is understood that this provision involves no obligation on the authorities of the receiving state
to recognize the validity of notarial acts performed by a consular officer in connection with documents required under the
law of the receiving state.
PART VII. ESTATES AND TRANSFERS OF PROPERTY
ARTICLE 18
A consular officer may receive, for transmission to a national of the sending state who is not resident in the territory,
from a court, agency, or person, money or property to which such national is entitled as a consequence of the death of any
person. Such money or property may include, but is not limited to, shares in an estate, payments made pursuant to workmen's
compensation laws or any similar laws and the proceeds of life insurance policies. The court, agency or person making the
distribution is not obliged to transmit such money or property through the consular officer, and the consular officer is not
obliged to receive such money or property for transmission. If he does receive such money or property, he shall comply with
any conditions laid down by such court, agency or person with regard to furnishing reasonable evidence of the receipt of the
money or property by the national to whom it is to be transmitted and with regard to returning the money or property in the
event that he is unable to furnish such evidence.
ARTICLE 19
Money or other property may be paid, delivered or transferred to a consular officer pursuant to the provisions of Article
18 only to the extent that, and subject to the conditions under which, payment, delivery or transfer to the person whom the
consular officer represents or on whose behalf he receives the money or property would be permitted under the laws and regulations
of the receiving state. The consular officer shall acquire no greater rights in respect of any such money or other property
than the person whom he represents or on whose behalf he receives the money or property would have acquired if the money or
property had been paid, delivered or transferred to such person directly.
PART VIII. SHIPPING
ARTICLE 20
(1) When a vessel of the sending state visits a port (which includes any place to which a vessel may come) in the receiving
state, the master and the members of the crew of the vessel shall be permitted to communicate with the consular officer in
whose district the port is situated and the consular officer shall be permitted freely to perform the duties enumerated in
Article 21 without interference on the part of the authorities of the territory. For the purpose of performing any of these
duties, the consular officer, accompanied, if he desires, by consular employees on his staff, may proceed personally on board
the vessel after she has received pratique. In connection with these duties the master and appropriate members of the crew
may proceed to the consular office in the consular district within which the vessel lies, unless the receiving state shall,
on its own initiative, object in cases involving unreasonable time or distance of travel.
(2) The consular officer may invoke the assistance of the authorities of the territory in any matter pertaining to the performance
of these duties, and they shall give the requisite assistance unless they have special reasons which would fully warrant refusing
it in a particular case.
ARTICLE 21
(1) The consular officer may question the master and members of the crew, examine the vessel's papers, take statements with
regard to the vessel's voyage and her destination and generally facilitate the entry and departure of the vessel. When Custom
House brokers or shipping agents are available, the consular officer shall not undertake work normally within the scope of
their activities.
(2) The consular officer or a consular employee may appear with the master or members of the crew before the local authorities
and courts, may lend his assistance (including, where necessary, arranging for legal aid) and may act as interpreter in matters
between them and these authorities. These rights may be withheld only in cases where questions of national security are involved.
(3) The consular officer may, provided the judicial authorities of the territory do not take jurisdiction in accordance with
the provisions of Article 22, decide disputes between the master and members of the crew, including disputes as to pay and
contracts of service, arrange for the engagement and discharge of the master and members of the crew, and take measures for
the preservation of good order and discipline on the vessel.
(4) The consular officer may take measures for the enforcement of the shipping law of the sending state.
(5) The consular officer may, where necessary, make arrangements for the repatriation and the treatment in a hospital of the
master or members of the crew of the vessel.
ARTICLE 22
(1) Except at the request or with the consent of the consular officer, the administrative authorities of the territory shall
not concern themselves with any matter concerning the internal management of the vessel. The judicial authorities of the territory
may, however, exercise any jurisdiction which they may possess under the law of the territory with regard to disputes as to
wages and contracts of service between the master and members of the crew. The administrative and judicial authorities will
not interfere with the detention in custody on the vessel of a seaman for disciplinary offenses, provided such detention is
lawful under the law of the sending state and is not accompanied by unjustifiable severity or inhumanity.
(2) Without prejudice to the right of the administrative and judicial authorities of the territory to take cognizance of crimes
or offenses committed on board the vessel when she is in the ports or in the territorial waters of the territory and which
are cognizable under the local law or to enforce local laws applicable to vessels in ports and territorial waters or persons
and property thereon, it is the common intention of the High Contracting Parties that the administrative and police authorities
of the territory should not, except at the request or with the consent of the consular officer,
(a) concern themselves with any matter taking place on board the vessel unless for the preservation of peace and order or
in the interests of public health or safety, or
(b) institute prosecutions in respect of crimes or offenses committed on board the vessel unless they are of a serious character
or involve the tranquillity of the port or unless they are committed by or against persons other than the crew.
(3) If, for the purpose of the exercise of the rights referred to in paragraph (2) of this Article, it is the intention of
the authorities of the territory to arrest or question any person or to seize any property or to institute any formal inquiry
on board the vessel, the master or other officer acting on his behalf shall be given an opportunity to inform the consular
officer, and, unless this is impossible on account of the urgency of the matter, to inform him in such time as to enable the
consular officer or a consular employee on his staff to be present if he so desires. If the consular officer has not been
present or represented, he shall be entitled, on his request, to receive from the authorities of the territory full information
with regard to what has taken place. The provisions of this paragraph do not apply to routine examinations by the authorities
of the territory with regard to customs, health and the admission of aliens, or to detention of the vessel or of any portion
of her cargo arising out of civil or commercial proceedings in the courts of the territory.
ARTICLE 23
(1) A consular officer shall have the right to inspect, at ports within his consular district, a vessel of any flag destined
to a port of the sending state, in order to enable him to procure the necessary information to prepare and execute such documents
as may be required by the law of the sending state as a condition of entry of such vessel into its ports, and to furnish to
the competent authorities of the sending state such information with regard to sanitary or other matters as such authorities
may require.
(2) In exercising the rights conferred upon him by this Article, the consular officer shall act with all possible despatch.
ARTICLE 24
(1) If a vessel of the sending state is wrecked in the receiving state, the consular officer in whose district the wreck occurs
shall be informed as soon as possible by the appropriate authorities of the territory of the occurrence of the wreck.
(2) The appropriate authorities of the territory shall take all practicable measures for the preservation of the wrecked vessel,
of the lives of persons on board, of the cargo and of other property on board, and for the prevention and suppression of plunder
or disorder on the vessel. These measures shall also extend to articles belonging to the vessel or forming part of her cargo
which have become separated from the vessel.
(3) If the vessel is wrecked within a port or constitutes a navigational hazard within the territorial waters of the receiving
state, the authorities of the territory may also order any measures to be taken which they consider necessary with a view
to avoiding any damage that might otherwise be caused by the vessel to the port facilities or to other vessels.
(4) If the owner of the wrecked vessel, his agent (or the underwriters concerned) or the master are not in a position to make
arrangements, the consular officer shall be deemed to be authorized to make, as agent for the owner, the same arrangements
as the owner himself could have made, if he had been present, for the disposal of the vessel in accordance with the relevant
provisions of the law of the territory.
(5) No customs duties (including other duties imposed upon, or by reason of, the importation of goods into the territory)
shall be levied by the authorities of the territory on the cargo, stores, equipment and fittings, or articles, carried by
or forming part of the wrecked vessel, unless they are delivered for use or consumption in the territory, but the authorities
of the territory may, if they think fit, require security for the protection of the revenue in relation to such goods.
(6) No charge (other than customs duties, when they are applicable in accordance with paragraph (5) of this Article) shall
be levied by the authorities of the territory in connection with the wrecked vessel, any property on board, or her cargo,
other than charges of the same kind and amount as would be levied in similar circumstances upon or in connection with vessels
of the receiving state.
ARTICLE 25
Where any articles belonging to or forming part of a wrecked vessel of any flag (not being a vessel of the receiving state)
or belonging to or forming part of the cargo of any such vessel are found on or near the coast of the receiving state or are
brought into any port of that state, the consular officer in whose district the articles are found or brought into port shall
be deemed to be authorized to make, as agent of the owner of the articles, such arrangements relating to the custody and disposal
of the articles as the owner himself could have made, if,
(a) in the case of articles belonging to or forming part of the vessel, the vessel is a vessel of the sending state or, in
the case of cargo, the cargo is owned by nationals of the sending state; and
(b) neither the owner of the articles, nor his agent, the underwriter, or the master of the vessel is in a position to make
these arrangements.
ARTICLE 26
(1) If the master or a member of the crew of a vessel of the receiving state, being a national of the sending state, dies
afloat or ashore in any country, the competent department of the receiving state shall furnish promptly to a consular officer
copies of the accounts which may be received by it with respect to the wages and effects of the deceased master or seaman,
together with any particulars at the disposal of the department likely to facilitate the tracing of persons legally entitled
to succeed to the property of the deceased.
(2) In every case where the value of wages and effects of the deceased master or seaman, together with any other property
of his which comes into the control of the competent department, does not exceed ? 100 sterling where the competent department
is an authority of His Majesty (or $ 500.00, where the competent department is an authority of the United States) and the
competent department is satisfied that there is any person entitled to succeed to the property of the deceased, otherwise
than as a creditor, and that this person is resident in the sending state, the competent department will hand over the wages,
effects and property in its custody of the deceased master or seaman to a consular officer. However, the competent department
will have the right, before handing over, to meet out of the master's or seaman's assets under its control any claim against
his estate of any person resident elsewhere than in the sending state, which it considers to be legally due. Any claim against
the estate of the deceased master or seaman, which is received by that department after handing over, shall be referred to
the competent department of the sending state. In the case of His Majesty the competent department will be the Ministry of
Transport of the United Kingdom. In the case of the United States the competent department will be the Federal District Court
for the port where the voyage on which the deceased master or seaman died is completed. It is understood that the Treasury
Department (United States Coast Guard) will be prepared to receive and transmit to the appropriate court all correspondence
from the Ministry of Transport relating to the matters dealt with in this Article.
(3) In any case where the competent department does not hand over to a consular officer the wages and effects and other property
in its custody of a deceased master or seaman, when the conditions for this purpose stated in paragraph (2) of this Article
are fulfilled, the competent department shall, before delivering the assets to any person considered to be entitled to succeed
to the property of the deceased, give notice to a consular officer of its intention, stating the person to whom it is proposed
to deliver them, in order to give the consular officer a reasonable opportunity to furnish information which may be relevant
for the final decision as to the person entitled to receive the property or to the existence of other claims on the estate
of which the competent department may be unaware.
(4) The provisions of paragraphs (2) and (3) of this Article do not apply where the competent department delivers assets in
its custody to a person who has obtained a grant of representation from a court in the receiving state, but in this case it
shall promptly inform the consular officer to this effect.
PART IX. FINAL PROVISIONS
ARTICLE 27
(1) The provisions of Articles 15 to 26 relating to the functions which a consular officer may perform are not exhaustive.
A consular officer shall be permitted to perform other functions, involving no conflict with the law of the territory, which
are either in accordance with international law or practice relating to consular officers recognized in that territory or
are acts to which no objection is taken by the receiving state. A consular officer may levy the fees prescribed by the sending
state for the performance of consular services.
(2) It is understood that in any case where any Article of this Convention gives a consular officer the right to perform any
functions, it is for the sending state to determine to what extent its consular officers shall exercise such right.
ARTICLE 28
The provisions of Article IV of the Treaty of Commerce and Navigation, signed at London on July 3, 1815, are hereby superseded
in respect of the territories to which this Convention applies.
ARTICLE 29
(1) This Convention shall be ratified and the instruments of ratification thereof shall be exchanged at London. The Convention
shall take effect on the thirtieth day after the date of exchange of the instruments of ratification and shall continue in
force for the term of five years.
(2) Unless six months before the expiration of the aforesaid term of five years either High Contracting Party shall have given
notice to the other of the intention to terminate this Convention, the Convention shall continue in force after the aforesaid
term and until six months from the date on which either High Contracting Party shall have given to the other notice of termination.
IN WITNESS WHEREOF, the above-mentioned Plenipotentiaries have signed this Convention and affixed thereto their seals.
DONE at Washington, in duplicate, this sixth day of June, 1951.
PROTOCOL OF SIGNATURE
At the time of signing the Consular Convention of this day's date on behalf of the President of the United States of America,
and His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas, in respect of the United Kingdom
of Great Britain and Northern Ireland, the undersigned, being duly authorized thereto, declare that they have agreed that
the provisions of paragraph (1) of Article 7 of the Convention shall not apply to Bermuda, North Borneo, The Gold Coast, Hong
Kong, Sarawak and Tanganyika until notice is given by the Government of the United Kingdom of Great Britain and Northern Ireland
to the Government of the United States of America that the law of these territories or any of them has been amended to permit
of effect being given to these provisions. The Government of the United Kingdom shall take all measures appropriate, having
regard to its relationship with the Governments concerned, to obtain the consent of the latter to the prompt application of
the said provisions to the aforesaid territories.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed the present protocol and affixed thereto their seals.
DONE at Washington, in duplicate, this sixth day of June, 1951.
WHEREAS the Senate of the United States of America by their Resolution of June 13, 1952, two-thirds of the Senators present
concurring therein, did advise and consent to the ratification of the said convention and protocol of signature;
WHEREAS the said convention and protocol of signature were duly ratified by the President of the United States of America
on June 26, 1952, in pursuance of the aforesaid advice and consent of the Senate, and have been duly ratified on the part
of the United Kingdom of Great Britain and Northern Ireland;
WHEREAS the respective instruments of ratification of the said convention and protocol of signature were duly exchanged at
London on August 8, 1952;
AND WHEREAS it is provided in Article 29 of the said convention that the convention shall take effect on the thirtieth day
after the date of exchange of the instruments of ratification;
NOW, THEREFORE, I, Harry S. Truman, President of the United States of
America, do hereby proclaim and make public the said convention and protocol of signature to the end that the same, and each
and every article and clause thereof, may be observed and fulfilled with good faith 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 on and after September
7, 1952, the thirtieth day after the date of exchange of the instruments of ratification.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.
DONE at the city of Washington this eighth day of September in the year of our Lord one thousand nine hundred fifty-two and
of the Independence of the United States of America the one hundred seventy-seventh.
SIGNATORIES:
FOR THE PRESIDENT OF THE UNITED STATES OF AMERICA:
DEAN ACHESON
FOR HIS MAJESTY:
OLIVER FRANKS.
HARRY S TRUMAN
By the President:
DEAN ACHESON
Secretary of State
