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LAW OF TURKMENISTAN

About the status of diplomatic representations of Turkmenistan in foreign states

This Law determines the legal basis of activities, task and function of diplomatic representations of Turkmenistan in foreign states, the bases of creation, suspension and the termination of their activities, procedure for appointment and termination of activities of Chapters and members of diplomatic staff of diplomatic representations, and also the bases of provision of privileges and immunities it and to members of their families.

Article 1

Diplomatic representations of Turkmenistan in foreign states (further - diplomatic representations) are created for maintenance of the official interstate relations with the state of stay, representation and protection of the rights and interests of Turkmenistan and its citizens.

Article 2

Diplomatic representations are created based on acts of the President of Turkmenistan. The preliminary arrangement on it is established on the basis of bilateral documents of Turkmenistan with foreign states (agreements, agreements, protocols, memorandums, the communique, and also exchange of diplomatic notes and others).

The diplomatic representation stops or stops the activities based on the act of the President of Turkmenistan. At the same time the Ministry of Foreign Affairs of Turkmenistan sends the adequate notice to the state of stay in which it is reported about suspension or the termination of activities of diplomatic representation through diplomatic channels.

Article 3

Diplomatic representations in the activities are guided by the Constitution of Turkmenistan, the laws and other regulatory legal acts of Turkmenistan, and also international treaties of Turkmenistan and the universally recognized norms of international law.

Article 4

Diplomatic representations are a part of the system of diplomatic service of Turkmenistan, headed by the Ministry of Foreign Affairs of Turkmenistan.

Diplomatic representations in the activities are accountable to the Ministry of Foreign Affairs of Turkmenistan.

Article 5

Diplomatic representations are subdivided into embassies and missions.

Embassies of Turkmenistan are headed by Ambassadors extraordinary and plenipotentiary of Turkmenistan.

The missions of Turkmenistan are headed by envoys of Turkmenistan, chargês d'affaires of Turkmenistan, permanent representatives of Turkmenistan under the international organizations.

Embassies and the missions of Turkmenistan open for the purpose of maintenance of the relations with foreign states.

The missions of Turkmenistan can also open under the international organizations in the form of Permanent missions, permanent or temporary missions.

Article 6

The number of personnel of diplomatic representations is established by the President of Turkmenistan on representation of the Ministry of Foreign Affairs of Turkmenistan.

In case of need the issue of the number of personnel of diplomatic representation of Turkmenistan is agreed previously with the state of stay.

Article 7

Diplomatic representations perform the following functions:

1) represent Turkmenistan in the state of stay;

2) promote development of the relations and contacts of Turkmenistan with the state of stay and the international organizations in political, social and economic, cultural and humanitarian and other spheres which are of mutual interest;

3) provide protection in the state of stay of the rights and interests of Turkmenistan, his citizens and legal entities in the limits set by international law and bilateral international treaties with this state, and also multi-lateral agreements which participants are both states;

4) distribute official information on foreign and domestic policy of Turkmenistan, her social and economic, cultural and spiritual life in the state of stay;

5) conduct negotiations with the government and other bodies and organizations of the state of stay;

6) participate in preparation and implementation of interstate contacts at the highest, government and parliamentary levels, and also visits of official delegations, agree at the request of the Ministry of Foreign Affairs of Turkmenistan on issues of the direction of delegations of Turkmenistan to the state of stay;

7) participate in preparation of drafts of international treaties of Turkmenistan with the state of stay and the international organizations, and also preparation of offers on the conclusion, ratification, execution, suspension of action and denouncement of international treaties;

8) keep in continuous communication with Foreign Ministry of the state of stay, and also with the diplomatic, other representations and consular establishments accredited in this state;

9) obtain by all legal methods information on events in the state of stay and report about them to the Government of Turkmenistan through the Ministry of Foreign Affairs of Turkmenistan;

10) make in accordance with the established procedure offers on development of the relations of Turkmenistan with the state of stay;

11) promote establishment and development of bonds and contacts with the compatriots living in the state of stay;

12) at the request of the Minister of Foreign Affairs of Turkmenistan perform also consular functions regulated by international legal regulations and established by the legislation of Turkmenistan;

13) is performed by other functions referred to their competence by the legislation of Turkmenistan and rules of international law.

Article 8

Heads of diplomatic representations (Ambassadors extraordinary and plenipotentiary, envoys, chargês d'affaires and permanent representatives under the international organizations) are appointed to position by the President of Turkmenistan after receipt in accordance with the established procedure of consent (agreement) of foreign state in which they are appointed.

Appointment of persons to positions of heads of diplomatic representations is performed on representation of the Minister of Foreign Affairs of Turkmenistan.

The credential letter signed by the President of Turkmenistan and counterassigned by the Minister of Foreign Affairs of Turkmenistan is issued to the ambassadors and envoys of Turkmenistan leaving for the state to which they are appointed.

The letter of the President of Turkmenistan directed to the head of the international organization is issued to permanent representatives of Turkmenistan under the international organizations. The corresponding letter of the Minister of Foreign Affairs of Turkmenistan directed to the Minister of Foreign Affairs of the host state is issued to chargês d'affaires of Turkmenistan.

On arrival to the host state the head of diplomatic representation of Turkmenistan hands the credential letter (letter) according to the procedures established in this state (the international organization).

Article 9

Heads and members of diplomatic staff of diplomatic representations citizens of Turkmenistan can be exclusive.

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