of August 15, 2017 No. 483
About approval of the Regulations on procedure for activities of honourable consular officials of foreign states in the Kyrgyz Republic and the consular establishments headed by such officials
According to provision of the Vienna convention on the consular intercourses of April 24, 1963, articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:
1. Approve Regulations on procedure for activities of honourable consular officials of foreign states in the Kyrgyz Republic and the consular establishments headed by such officials according to appendix.
This Provision is developed according to provisions of the Vienna convention on the consular intercourses of April 24, 1963 (further – the Convention) and is directed to legal regulation of activities of the honourable consular officials accredited in the Kyrgyz Republic and also the consular establishments headed by such officials.
The terms used in this Provision have the following value:
a) honourable consulate, honourable consulate general – any consular establishment of foreign state founded in the territory of the Kyrgyz Republic, headed by the honourable consular official or honourable general consular person;
b) the honourable consular official or honourable general consular person (further – the honorary consul) – the official heading consular establishment and performing separate consular functions on behalf of the represented state within the consular district;
c) the consular district – the territory (the area, the city, the area) of the Kyrgyz Republic determined to the honourable consular official for accomplishment of consular functions;
d) the consular room – the building, part of the building or room and the parcel of land for servicing of the specified building or part of the building irrespective of who possesses the property right to them it is used only for accomplishment of functions of the honorary consul;
e) consular archive – documents, correspondence, books, movies, technical means of accumulating, storage and use of information, registers of honourable consulate together with codes and codes, the card-indexes and any furnishings intended for ensuring their safety or storage.
1. The honorary consul of foreign state is appointed to the Kyrgyz Republic for the purpose of assistance to development of commercial, commercial, cultural, scientific, tourist relations between the represented state and the Kyrgyz Republic, and also protection in the territory of the consular district of the rights and interests of the represented state, its physical persons and legal entities.
2. The citizen of the represented state or the citizen of the state of stay only in case of the expressed consent of the state of stay from among persons having positive goodwill in society, and having necessary personal qualities, and also having opportunity properly to perform the consular functions assigned to it, which can be the honourable consular official:
- constantly lives in the territory of the consular district during the term of accomplishment of consular functions by it;
- is not in public and municipal service in the Kyrgyz Republic;
- is not engaged in political activities in the represented state and (or) in the Kyrgyz Republic;
- is person which reached 25 years, but 65 years are not more senior;
- has no criminal record (concerning foreign citizens the certificate of non-conviction is issued by authorized body of the represented state. This reference is subject to legalization or apostilization in the procedure established by the legislation of the Kyrgyz Republic);
- is not member of any political party in the Kyrgyz Republic;
- is not person searched for making of crimes in the territory of the Kyrgyz Republic and foreign state;
- it is not recognized as incapacitated.
3. The Ministry of Foreign Affairs of the Kyrgyz Republic can recommend to foreign state the candidate for position of the honourable consular official of this state in the Kyrgyz Republic.
4. The honourable consular official can be engaged in the any kind of activities which is not contradicting the legislation of the Kyrgyz Republic, except as specified, 2 this provision provided in paragraphs by second and third Item.
5. The honorary consul shall observe and not violate the law of the Kyrgyz Republic, provision of the Convention and the universally recognized norms and the principles of international law, to respect traditions and customs of the people of the Kyrgyz Republic.
6. The honourable consulate cannot be located in the capital of the state or in other settlement where the consular establishment of the represented state functions. Change of class, borders of the consular district of the honorary consul and location of honourable consulate can be performed only with the consent of the Ministry of Foreign Affairs of the Kyrgyz Republic. For this purpose the foreign state sends the verbal note to the Ministry of Foreign Affairs of the Kyrgyz Republic with the relevant information and reasons for the specified changes. The Ministry of Foreign Affairs of the Kyrgyz Republic informs on the decision by the direction of the corresponding note.
7. The Ministry of Foreign Affairs of the Kyrgyz Republic within the competence carries out monitoring of activities of honorary consuls of foreign states in the Kyrgyz Republic regarding efficiency of their work, considers the arriving claims to actions of honorary consuls of foreign states within the legislation of the Kyrgyz Republic.
8. The inquiry for provision of consent to appointment in the Kyrgyz Republic of the honourable consular foreign official is sent by the verbal note to the Ministry of Foreign Affairs of the Kyrgyz Republic diplomatic representation, and in case of its absence – Foreign Ministry of the represented state.
9. The request about provision of consent to appointment of the honourable consular official shall contain detailed reasons for need of such appointment.
10. In request the class, borders of the consular district, location of office of honourable consulate, the list of functional obligations of the honourable consular official is specified.
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