The consular convention between the Republic of Kazakhstan and Georgia

of November 11, 1997

The Republic of Kazakhstan and Georgia, the Contracting Parties which further are referred to as, being guided by desire of further development of the friendly relations between two countries and more effective protection of the rights and interests of the citizens,

proceeding from provisions of the Vienna convention on the consular intercourses of April 24, 1963, decided to sign this Convention and

agreed as follows.

Article 1 of Determination

In this Convention the stated below terms have the following value:

1) "consular establishment" means any consulate general, consulate, vice-consulate or the consular agency;

2) "the consular district" means the area allocated to consular establishment for accomplishment of consular functions;

3) "the head of consular establishment" means person, it is entrusted to them to be effective in this quality;

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

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

6) "the worker of service personnel" means any person which is carrying out obligations on servicing of consular establishment;

"Employees of consular establishment" means 7) consular officials, consular employees and workers of service personnel;

8) "workers of consular personnel" means consular officials (except for heads of consular establishment), and also consular employees and workers of service personnel;

9) "the private house worker" means person who is only in the private service of the employee of consular establishment;

10) "family member" - the spouses (spouse) of the employee of consular establishment, his children and parents, and also the parents of his spouse (spouse) living together with them and being in their dependence;

11) "consular rooms" means the buildings used only for consular establishment or parts of buildings and the parcel of land servicing this building or parts of buildings, coma the property right to them belonged;

12) "consular archives" include all papers, documents, correspondence, books, movies, video and sound recordings, diskettes and registers of consular establishment together with the codes and codes, card-indexes and any furnishings intended for ensuring their safety or storage;

13) "citizen" means person who is citizen of one of Contracting Parties, or the person without citizenship who is constantly living in one of these states;

14) "the vessel of the represented state" means any vessel, except for public vessels, the having right to float under the flag of the represented state and registered in this state;

15) "the aircraft of the represented state" means any aircraft, except for military aircraft, registered in the represented state and having the right to bear identification marks of this state.

Article 2 Opening of Consular Establishments

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

2. The location of consular establishment, its class, the consular district and number of consular officials are determined by the agreement between the represented state and the state of stay.

3. Further changes of the location of consular establishment, its class and the consular district or number of consular officials can be performed by the represented state only with the consent of the state of stay.

4. The consent of the state of stay is also required if any consulate general or consulate wishes to open vice-consulate or the consular agency not in that settlement where it is.

5. The prior definitely expressed consent of the state of stay is necessary also for opening of the office constituting part of the existing consular establishment out of the location of the last.

Article 3 Appointment of the Head of Consular Establishment

1. Before appointment of the head of consular establishment by the represented state through diplomatic or other corresponding channels the consent of the state of stay in the relation of the offered person shall be received.

2. If the state of stay does not agree to appointment of any person as the head of consular establishment, it shall not report to the represented state motives of such refusal.

3. The represented state sends through diplomatic channels to the Minister of Foreign Affairs of the state of stay the consular patent or other similar document for appointment of the head of consular establishment. In this document the complete name, surname of the head of consular establishment, his nationality, class, the consular district and the location of consular establishment are entered.

4. On receipt of the consular patent or other similar document for appointment of the head of consular establishment the state of stay issues it the permission called by exequatur, whatever form such permission had. The state of stay refusing to issue exequatur or other permission shall not report to the represented state motives of such refusal.

5. Except as specified, provided in Item 6 of this Article and in Article 4, the head of consular establishment can start accomplishment of the functions only after receipt of such exequatur or other permission.

6. The state of stay can allow the head of consular establishment to temporary accomplishment of its functions before issue of exequatur or other permission. In this case provisions of this Convention are applied.

7. As soon as the head of consular establishment is allowed, is even temporary, to accomplishment of the functions, the state of stay immediately notifies on it competent authorities of the consular district. Besides, it provides taking measures, necessary in order that the head of consular establishment could fulfill the job responsibilities and use the privileges and immunities following from this Convention.

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