CHAPTER FIRST

CONSULS

Art. 4.-Consuls enjoy personal immunity, under the conditions and within the limits specified in articles 5, 6, 7, and 8, below.

Art. 5.-They are not amenable to the local courts for acts which they perform in their official capacity and within the limits of their powers. Exceptions to this rule must be agreed upon in advance and defined by treaty.

If an individual considers himself injured by the act of a consul, done in the discharge of his duties, he shall address his complaint to the government of the country, which will take it up, if there is reason to do so, through diplomatic channels.

Art. 6. Except in the case specified in article 5, above, consuls are amenable to the courts of the country, in which they exercise their functions both as regards civil and criminal questions.

Nevertheless, every proceeding directed against a consul is suspended until his government (sending state), duly notified through diplomatic channels, shall have been put in a position to confer with the government of the country (receiving state) so as to reach an adequate settlement of the incident.

Such previous notice is not necessary:

(1) In case of outrageous offences or crimes;

(2) In property suits (suits in rem), in which are included suits for possession, whether relating to personal property or to real estate situated in the country itself (receiving state);

(3) When the consul himself has begun the litigation or accepted suit in the courts of the receiving state.

Art. 7.-In no case may consuls be arrested or detained, except for grave infractions of the law.

Art. 8.-They are not compelled to appear as witnesses before the local tribunals. Their testimony must be taken at their residence by a magistrate appointed ad hoc.

In exceptional cases, where the appearance of the consul in person before the magistrate exercising civil or criminal jurisdiction is considered indispensable, and he refuses to accede to the invitation. addressed to him, to appear before the competent judge, the government of the receiving state should have recourse to diplomacy.

Art. 9.-The official residence of a consul and the premises occupied by his office and papers are inviolable.

No administrative or judicial officer may invade them, under any pretext whatsoever. If an individual, pursued by the officers of the law takes refuge in the consulate, the consul is bound to deliver him up on the simple demand of the authorities.

Art. 10.-In order specially to insure the inviolability of the consular archives, the foreign agent (consul), should make use of the diplomatic mission to transmit to the authorities of the county (receiving state) a paper describing the premises composing the office of the consulate. This should be done at the time the consul enters upon the discharge of his functions and whenever the files (chancellerie) are transferred from one building to another or any important change is made in the arrangement of the office (chancellerie).

The above-mentioned statement describing the arrangements of the consulate shall be verified each time by an officer of the receiving state.

Art. 11.-Consuls should refrain from placing among their archives, and in the rooms of their office, documents and objects not connected with their service.

The offices of the consulate, if distinct from the rooms serving as the abode of the consul, may be installed in the same building.

Art. 12.-If the consul refuses to deliver up documents in his possession when required to do so by the judicial authorities of the country, the administrative authority shall have recourse to the government of the country, who will take the matter up, if there be occasion, through diplomatic channels.

Art. 13-Consuls are exempt from the payment of: (1) direct personal taxes, and sumptuary taxes; (2) general taxes upon their fortune whether upon the capital or income; (3) imposts of war.

Art. 14.-Consuls are permitted to place above the outside entrance of the consulate the arms of their country, with the inscription: "Consulate of ....

They may on public occasions display the flag of their country upon the building in which the consulate is located, unless they reside in the city where their government is represented by a diplomatic mission.

They are likewise authorized to raise the flag of their country upon the boats they use in the exercise of their functions.

Art. 15.-Consuls are permitted to correspond with their government and with the political mission of their country by telegraphic despatches in cipher or by means of messengers provided with a passport ad hoc.

It is likewise permissible for them to entrust their correspondence to the captains of vessels of their nationality at anchor in the harbor of their place of residence.

In case of an epidemic, the disinfection of letters intended for consuls takes place in the presence of a consular delegate.

Art. 16.-In event of the decease or the unlooked for disability of the consul, the consular officer of highest rank after him shall be considered to have the right to carry on the consulate. He is obliged, however, in due course to communicate to the local authority, the official act, which confirms him in his provisional incumbency.

To this intent, it is the duty of the consul to present to the local authority the officer designated contingently to replace him ad interim.

This officer shall, during his incumbency, enjoy the immunities and privileges accorded to consuls by these regulations.

Art. 17.-There is no distinction, as regards immunities, between consuls-general, consuls, and vice-consuls.

It is to be understood that agents of this last category, in so far as they are in charge of vice-consulates, must satisfy the conditions. as to nationality, and the other conditions indicated (required) in the first paragraph of article first of these regulations.

In official ceremonies to which they are invited, consuls-general, consuls, and vice-consuls take precedence according to their rank, and in each rank, according to the date of their entrance upon the discharge of their functions.

CHAPTER II

CONSULAR AGENTS

Art. 18.-When civil or criminal suits are instituted against consular agents, the local courts shall be competent to take cognizance of them directly, except in case it shall be established that the said agents have acted in their official capacity.

Art. 19.-Consular agents are exempt from taxes affecting specially the building or part of the building assigned to their consular office.

With this exception, they are subject to other imposts, whether national or local.

Art. 20.-Articles 10, 11, paragraph 1st, 12 and 14 apply to consular agents, with this difference as regards article 14, that the

coat of arms, placed over the street entrance to their office, shall bear the inscription: "Consular Agency of ...

The office of consular agents, including the room in which the consular archives are kept, must always be separate from their business offices.

Art. 21.-Consular agents may correspond directly, upon official business, with the administrative and judiciary authorities of their respective districts.

Resolution Adopted by the Institute in the Same Session

The Institute having adopted the Regulations regarding immunities of consuls, expresses the wish that governments, whose functionaries are likely to be in a position to be benefited by them, will exercise the greatest care in the choice of such functionaries, that they may be worthy in all respects of the immunities above specified.

ADAMS V. STATE, (1885, U. S.)

19 Tex. App. 250.

Willson, Texas Court of Appeals.

[Consul qualified to take depositions to be used in criminal cases, by reason of the application of articles of the R. S. art. (2226) and articles 762-764 of the code of criminal procedure.-ED.]

ADOLPH, THE, (1835, Great Britain)

3 Hag. 249.

Sir John Nicholl, High Court of Admiralty.

(Extract) In that case (Kammerhavie, 1 Hag. A. R. 62) there was the certificate of the consul, and the master gave his consent: here there is no one to consent. I cannot make any order.

ADOLPH, THE, (1851, U. S.-France)

1 Curt. 87; Fed. Cases 86. Curtis, Circuit Court.

(Extract) We deem it sufficient for this particular purpose, that M. Gouraud is the vice-consul of France; and that French citizens are interested in these proceeds. It is true, he had not received his exequatur when he filed his petition; and if this were a suit instituted by him, and depending on his official character when brought, it must fail. But we do not consider the proceeding at all analogous to a suit, or even to a petition for the execution of a decree. It is rather in the nature of a suggestion, made in writing to the court, that one of its officers has not discharged his official duty;...

ADUTT, IN RE, (1893, U. S.-Austria-Hungary)

55 Fed. Rep. 376.

Jenkins, Circuit Court.

[Extradition proceedings may be commenced by consuls.

It is not necessary that the complainant should swear positively in the jurat that he is consul.

Criticises rights allowed consul in extradition proceedings.-ED.]

AGINCOURT, THE, (1877, Great Britain)

2 P. D. 239; 47 L. J. Adm. 37.

Sir Robert Phillimore, Court of Appeal.

[Court directed that Argentine consul be notified of action against Argentine vessel.

On his refusing to intervene action was dismissed.-ED.]