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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 19, 1996 No. 82

About approval of the Consular charter of the Republic of Belarus

(as amended on 04-08-2021)

Approve the enclosed Consular charter of the Republic of Belarus.

President of the Republic of Belarus

A. Lukashenko

Approved by the Presidential decree of the Republic of Belarus of February 19, 1996, No. 82

Consular charter of the Republic of Belarus

Tasks and organization of consular establishments of the Republic of Belarus

1. General provisions

1.1. Consular establishments of the Republic of Belarus (further - consular establishments) protect abroad the rights and interests of the Republic of Belarus, her legal entities and citizens.

These organizations promote development of friendship, expansion of commercial, commercial, scientific and technical, cultural ties of the Republic of Belarus with other states.

1.2. Consular establishments are: consulate generals, consulates, vice-consulates and consular agencies.

In the territory of the state of stay also diplomatic representations of the Republic of Belarus can perform consular operations. Separate consular operations in the territory of the Republic of Belarus are performed by consular Items and the head consular department of the Ministry of Foreign Affairs of the Republic of Belarus.

1.3. The Republic of Belarus given in the Consular charter (further - the Charter) terms has the following value:

"the head of consular establishment" - person, it is entrusted to them to act in this quality;

"consul" - the head of consular establishment, the consul general, the consul, the vice consul or the consular agent;

"the consular official" - any person, including the head of consular establishment to whom accomplishment of consular functions is entrusted;

"the consular employee" - any person which is carrying out administrative or technical obligations in consular establishment;

"the consular district" - the area allocated to consular establishment for accomplishment of consular functions.

1.4. Consular establishments in the activities are guided by this Charter, the legislation of the Republic of Belarus and the legislation of the state of stay, international treaties of the Republic of Belarus, the conventional principles of international law and the international customs.

If international treaties of the Republic of Belarus establish others, than in the Charter, governed, rules of these agreements are applied.

1.5. The consular establishment can be open in the territory of the state of stay only with the consent of this state.

The location of consular establishment, its class and the consular district are determined by the Ministry of Foreign Affairs of the Republic of Belarus in coordination with the state of stay.

1.6. The consular establishment has the right on the building occupied by him to hoist National flag of the Republic of Belarus, to place the image of the State Emblem of the Republic of Belarus and sign with the name in state languages of the Republic of Belarus and language of the state of stay.

The consul has the right to hoist National flag of the Republic of Belarus on the residence, and also to place it on the vehicles.

The consular establishment has seal with the image of the State Emblem of the Republic of Belarus and with the name in state languages.

2. Personnel of consular establishments. Procedure for appointment of the consul

2.1. The citizen of the Republic of Belarus can only be the consular official.

Can be appointed to position of consular employees both citizens of the Republic of Belarus, and citizens of the state of stay of consular establishment.

Consular officials are employees of the Ministry of Foreign Affairs of the Republic of Belarus.

2.2. Consular establishments submit to the Ministry of Foreign Affairs of the Republic of Belarus and are effective under direct management of diplomatic representation of the Republic of Belarus in the state of stay.

2.3. Consular departments of diplomatic representations are headed by managers of consular departments, and consulate generals, consulates, vice-consulates and the consular agencies - respectively consuls general, consuls, vice consuls and consular agents.

2.4. The consul in case of position assignment receives from the Ministry of Foreign Affairs of the Republic of Belarus the consular patent - written powers with indication of position, and also category and class to which the consul belongs, of the consular district, the location of consular establishment and begins execution of the obligations after receipt of exequatur - permissions of the state of stay.

3. Procedure for accomplishment of consular functions

3.1. The consul performs the functions provided by this Charter. The consul can perform other functions which are not determined by the Charter if they do not contradict the legislation of the Republic of Belarus and the legislation of the state of stay.

3.2. The consul performs the functions assigned to him personally or their accomplishment charges to other consular official.

3.3. If the consul for any reason cannot perform the functions or position its temporarily vacant, fulfillment of duties of the consul is assigned to other consular official or to one of members of diplomatic staff of diplomatic representation of the Republic of Belarus in the state of stay. To person, the acting as the consul, provisions of this Charter are applied. At the same time persons of diplomatic staff of diplomatic representation continue to use also diplomatic privileges and immunities provided that the state of stay does not object it.

3.4. The consul can address the authorities of the state of stay in limits of the consular district on all questions connected with activities of consular establishment.

3.5. Accomplishment by the consul of consular functions outside the consular district, in the third state or on behalf of other state can take place only according to the decision of the Ministry of Foreign Affairs of the Republic of Belarus and with the consent of the state of stay.

3.6. In the states where there are no diplomatic representations of the Republic of Belarus, with the consent of the state of stay also accomplishment of diplomatic functions can be assigned to the consul.

The consul with the consent of the state of stay and without change of its consular status can be authorized on accomplishment of diplomatic acts. Accomplishment by the consul of these acts does not grant to it the right to apply for diplomatic privileges and immunities.

The consul can also act as the representative of the Republic of Belarus to the international organization after the notification on it of the state of stay.

3.7. Claims to actions of employees of consular establishments are considered according to the procedure of subordination.

3.8. For automation of consular activities the automated Consul system is used (further – the EXPERT "Consul").

ASSORTED "Consul" data on making of consular actions, other data of help and analytical nature concerning consular activities are entered.

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