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LAW OF THE AZERBAIJAN REPUBLIC

of February 8, 1994 No. 782

About approval of the Consular Charter of the Azerbaijan Republic

(The last edition from 19-04-2013)

The national assembly of the Azerbaijan Republic decides:

1. Approve the consular charter of the Azerbaijan Republic.

2. Enact the Consular charter of the Azerbaijan Republic since March 1, 1994.

President of the Azerbaijan Republic

Heydar Aliyev

Approved by the Law of the Azerbaijan Republic of February 8, 1994, No. 782

Consular Charter of the Azerbaijan Republic

Chapter I. General provisions

Article 1

Consular establishments of the Azerbaijan Republic protect abroad the rights and interests of the Azerbaijan Republic, her citizens and legal entities. Consular establishments promote development of friendship of the Azerbaijan Republic with other states, to expansion of commercial, scientific and technical, cultural, commercial, sports ties and tourism.

Article 2

Consular establishments are: consular departments of diplomatic representations of the Azerbaijan Republic, consulate generals, consulates, vice-consulates and consular agencies.

Article 3

Consular establishments in the activities are guided by this Charter, the laws of the Azerbaijan Republic and the states of stay, international treaties and the international customs.

Article 4

Consular establishments are subordinated to the Ministry of Foreign Affairs of the Azerbaijan Republic and are effective under common political directorship of the head of diplomatic representation of the Azerbaijan Republic in adoptive state.

Article 5

Consular departments of diplomatic representations are headed by managers of departments which hereinafter are referred to as as consuls general or consuls. Consulate generals, consulates, vice-consulates and the consular agencies are headed respectively by consuls general, consuls, vice consuls and consular agents.

Article 6

The consul performs the functions provided by this Charter. The consul can carry out others, the functions which are not provided by this Charter if they do not contradict the legislation of the Azerbaijan Republic and the legislation of the state of stay.

Article 7

In the states where there are no diplomatic representations of the Azerbaijan Republic, with the consent of the state of stay can be assigned to the consul as well diplomatic functions.

Article 8

The location of consular establishment, its class and the consular district are determined under the agreement with the state of stay.

Article 9

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

Article 10

On the building occupied by consular establishment the board with the State Emblem of the Azerbaijan Republic and the name of consular establishment in state language of the Azerbaijan Republic and in language of the state of stay becomes stronger.

Article 11

On the building of consular establishment National flag of the Azerbaijan Republic can be hoisted.

The consul can hoist National flag of the Azerbaijan Republic on the residence, and also on the vehicles.

Article 12

In this Charter the provided terms have the following values:

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

"the consular official" - any person, including the head of consular establishment to whom accomplishment of consular functions (the consul general, the consul, the vice consul, the consular agent and the secretary of consular establishment), and also person attached to consular establishment for preparation for service in consular establishments (trainee) is entrusted;

"the employee of consular establishment" - any person occupied in consular establishment with accomplishment of administrative or technical obligations or obligations on servicing of consular establishment;

"the consular district" - the territory allocated for the consul in coordination with the state of stay for accomplishment of consular obligations.

Chapter II. Personnel of consular establishments

Article 13

Consular officials and staff of consular establishments are in public service in the Ministry of Foreign Affairs of the Azerbaijan Republic.

Article 14

the citizen of the Azerbaijan Republic can only be the consular official.

Article 15

The consul in case of position assignment receives from the Ministry of Foreign Affairs of the Azerbaijan Republic written the polnomochiyekonsulsky patent.

Article 16

The consul starts execution of the obligations after receipt of consent (exequatur) of the state of stay.

Article 17

If the consul owing to any reason cannot perform the functions or the position of the consul is vacant, fulfillment of duties of the consul is assigned to other consular official of this or other consular establishment of the Azerbaijan Republic in the state of stay or on one of members of diplomatic staff of diplomatic representation of the Azerbaijan Republic in this state.

Chapter III. Procedure for accomplishment of consular functions

Article 18

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

Article 19

Accomplishment by the consul of consular functions of other state can take place only on special specifying of the Ministry of Foreign Affairs of the Azerbaijan Republic and with the consent of the state of stay.

Article 20

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.

Article 21

The consul shall at least once a year make detour of the consular district for detailed acquaintance with situation of consular establishment.

Article 22

Claims to actions of consular officials and the staff of consular establishments are considered according to the procedure of subordination.

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