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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 11, 2011 No. 725

About approval of the Consular charter of the Kyrgyz Republic

(as amended on 15-03-2022)

1. Approve the enclosed Consular charter of the Kyrgyz Republic.

2. This resolution becomes effective from the date of official publication.

3. To impose control of execution of this resolution on department of foreign policy of Government office of the Kyrgyz Republic.

 

First vice-Prime Minister, acting as Prime Minister

O. Babanov

Approved by the Order of the Government of the Kyrgyz Republic of November 11, 2011, No. 725

Consular charter of the Kyrgyz Republic

Chapter 1. General provisions

In this Charter the following basic concepts are applied:

consular establishment (consulate general, consulate, vice-consulate and the consular agency) - the organization of the Kyrgyz Republic in the territory of foreign state performing protection of interests of the Kyrgyz Republic, its physical persons and legal entities in the limits provided by international law;

the consul - the head of consular establishment, is the official in system of public service designated for protection in foreign state of interests of the Kyrgyz Republic, its physical persons and legal entities in the limits provided by international law;

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

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

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

consular rooms - the buildings used only for the purposes of consular establishment or parts of buildings and the parcel of land serving this building or parts of buildings, coma the property right to them belonged;

the vessel - any vessel which is in swimming under the flag of the Kyrgyz Republic, except for the warship;

the aircraft - any aircraft registered in the Kyrgyz Republic, except for the military plane.

1. Consular establishments of the Kyrgyz Republic protect abroad the rights and interests of the Kyrgyz Republic, citizens and legal entities of the Kyrgyz Republic in the limits allowed by international law.

Consular establishments promote development of friendship of the Kyrgyz Republic with the states of stay and to expansion of commercial, commercial, scientific and technical, cultural and other relations, and also tourism.

2. The Kyrgyz Republic establishes consular establishments in the states with which the consular relations are established.

In the absence of the agreement concerning establishment of the consular relations establishment of diplomatic relations is considered also establishment of the consular relations. However severance of diplomatic relations does not mean automatic gap of the consular relations and the termination of activities of consular establishment of the Kyrgyz Republic.

3. Consular establishments in the activities are guided by the Vienna convention on the consular intercourses of 1963 (The Kyrgyz Republic joined according to the resolution of Jogorku Kenesh of the Kyrgyz Republic of January 12, 1994 No. 1408-HP), the international treaties which came in accordance with the established procedure into force which participant is the Kyrgyz Republic, the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, acts of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic, resolutions of Jogorku Kenesh of the Kyrgyz Republic, orders, instructions and instructions of the Ministry of Foreign Affairs of the Kyrgyz Republic, this Charter, and also the international customs.

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

5. Consular establishments are headed by consuls and consular officials.

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

7. The location of consular establishment, its class and the consular district are determined by the Kyrgyz Republic and are subject to approval of stay by the state.

8. The consular establishment is legal entity, has seal with the image of the State Emblem of the Kyrgyz Republic and with the name of consular establishment in state language and English or in adoptive state language.

9. On the building of consular establishment or its territory National flag of the Kyrgyz Republic is hoisted, the board with the image of the State Emblem of the Kyrgyz Republic and with the corresponding name in the Kyrgyz language and state language of the state of stay is established. The state symbolics of the Kyrgyz Republic is used taking into account legal practice of the state of stay.

Chapter 2. Personnel of consular establishments and procedure for appointment of the consul

10. The citizen of the Kyrgyz Republic can only be the consular official.

11. The consul in case of position assignment receives the consular patent in which its consular district is specified from the Ministry of Foreign Affairs of the Kyrgyz Republic.

12. The consul starts execution of the obligations after receipt of consent (exequatur) of the state of stay. The authorities of the state of stay are informed on its appointment.

Before receipt of exequatur, the head of consular establishment can be temporarily allowed to accomplishment of the functions. Provisions of the international treaty regulating the consular intercourses are in that case applied.

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

Chapter 3. Procedure for accomplishment of consular functions

14. In the activities the Consul is guided by the Constitution of the Kyrgyz Republic, the laws, other regulatory legal acts of the Kyrgyz Republic, international treaties which came in accordance with the established procedure into force which participant is the Kyrgyz Republic, and also 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 Kyrgyz Republic and the legislation of adoptive state

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

16. 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 Kyrgyz Republic and with the consent of the state of stay.

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