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LAW OF TURKMENISTAN

of December 20, 1996 No. 183-I

About diplomatic representations of foreign states in Turkmenistan

(as amended on 13-03-2021)

Chapter I. General provisions

Article 1. Diplomatic representations of foreign states, permanent in Turkmenistan (further - diplomatic representations), represent the states, maintain the official interstate relations, protect the rights and legitimate interests of data of the states and their citizens.

Article 2. The privileges and immunities specified in this Law are provided to diplomatic representations for implementation of their functions determined according to rules of international law.

Article 3. Persons using the privileges and immunities specified in this Law shall respect the Constitution, the laws and other regulatory legal acts of Turkmenistan, culture, traditions and customs of its people.

Article 4. The terms used for the purposes of this Law are used according to their values determined in the Vienna convention on the diplomatic intercourses (1961).

Chapter II. Relations of diplomatic representations with public authorities of Turkmenistan

Article 5. Heads of diplomatic representations are the ambassadors and nuncios, envoys and internuncioes having prior consent (agreement) of the Government of Turkmenistan to their appointments, will be accredited in case of the President of Turkmenistan, and chargês d'affaires - in case of the Minister of Foreign Affairs of Turkmenistan.

Article 6. Ambassadors and nuncios, envoys and internuncioes start the responsibilities from the date of delivery of credential letters to the President of Turkmenistan or according to its order - to Maslakhata Chairman Hulk Millie Gengesha of Turkmenistan which accepts credential letters on behalf of the President of Turkmenistan.

Chargês d'affaires start the responsibilities from the moment of representation to the Minister of Foreign Affairs of Turkmenistan of letters of Ministers of Foreign Affairs of the states.

Article 7. The head of diplomatic representation or any member of diplomatic representation can be accredited in the friend or other states on condition of the prior notice of it by the accrediting state of the Government of Turkmenistan.

Article 8. The citizen of Turkmenistan can be the member of diplomatic staff of diplomatic representation with the consent of the Government of Turkmenistan. Such consent can be cancelled at any time.

Article 9. Diplomatic representations establish and support the official relations with public authorities of Turkmenistan by means of the Ministry of Foreign Affairs of Turkmenistan.

Article 10. The diplomatic representation notifies previously the Ministry of Foreign Affairs of Turkmenistan:

- about appointment of staff of diplomatic representation, their arrival and departure or the termination of their activities in diplomatic representation;

- about arrival and final departure of person belonging to family of the employee of diplomatic representation;

- about arrival and final departure of private house workers of staff of diplomatic representations;

- about hiring and dismissal of the persons who are citizens of Turkmenistan or constantly living in Turkmenistan as the staff of diplomatic representation or house workers having the right to privileges and immunities.

Article 11. The accrediting state cannot establish the offices constituting part of diplomatic representation in other settlements of Turkmenistan without the consent to that of the Government of Turkmenistan.

Chapter III. The privileges and immunities provided to diplomatic representation, Chapters and members of diplomatic staff

Article 12. The rooms occupied by diplomatic representation are inviolable. Access to them can take place only with the consent of the head of the diplomatic representation or person replacing it. These rooms and the property which is in them, and also vehicles of diplomatic representation use immunity from all forced actions, including search, requisition, dredging and arrest.

The residence of the head of diplomatic representation and premises of members of diplomatic staff of representation, the property which is in them, and also vehicles use the same immunity and protection, as premises of diplomatic representation.

The specified rooms and vehicles shall not be used for the purpose of, not compatible to functions of diplomatic representation.

Article 13. On premises of diplomatic representation and on the residence of the head of diplomatic representation the flag can be hung out and be established emblem of the accrediting state. The flag of the accrediting state can be set also on vehicles of the head of diplomatic representation.

Article 14. The diplomatic representation can freely communicate with the government, with the consular and other representations of the country which are in the territory of Turkmenistan, and also with diplomatic and consular representations of the country in the third states by means of the regular means of communication coded and the coded messages, and also diplomatic mail. The diplomatic representation can establish radio transmitters and use them only with the permission of competent authorities of Turkmenistan.

Archives, documents and official correspondence of diplomatic representation are inviolable.

Diplomatic mail is not subject to opening and detention. All places constituting diplomatic mail shall have the visible external signs specifying their nature, and they may contain only diplomatic documents and objects intended for official use.

The diplomatic courier uses security of person in case of execution of the obligations. It cannot be subjected to arrest or detention.

On the basis of the special agreement with foreign state diplomatic mail can be sent on regular communication channels without the courier or to be entrusted to the commander of the civilian airliner who is not considered the diplomatic courier. The diplomatic representation can direct the employee for acceptance of diplomatic mail directly from the commander of the airplane.

Article 15. The accrediting state and the head of diplomatic representation are exempted from all national and local taxes, charges and duties concerning premises of diplomatic representation, own or rent, except for such taxes, charges and duties which represent payment for specific types of servicing.

Article 16. The diplomatic representation can import the objects intended for official use, and the head of diplomatic representation and members of diplomatic staff of representation - the objects intended for their private use.

The objects intended for official use of diplomatic representation and also the objects intended for private use of the head of diplomatic representation and members of diplomatic staff of representation including objects of initial acquisition, are exempted from all customs duties, taxes and fees, except for warehouse charges and charges for transportation.

The personal baggage of the head of diplomatic representation and members of diplomatic staff of representation is exempted from examination, except as specified, when there are proofs that it contains objects which import and export is prohibited by the legislation of Turkmenistan. Customs examination of baggage of the diplomatic agent is performed at its presence or in the presence of person authorized by it.

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