Resolution on approval of the Consular Charter of the Republic of Tajikistan

The Government of the Republic of Tajikistan hereby resolves: To approve the Consular Charter of the Republic of Tajikistan.
Chairman of the Government of the Republic of Tajikistan E. Rakhmonov
dated 30 July 1998 No. 275, Dushanbe

CONSULAR CHARTER OF THE REPUBLIC OF TAJIKISTAN

SECTION I

CONSULAR INSTITUTIONS OF THE REPUBLIC OF TAJIKISTAN

CHAPTER I

GENERAL PROVISIONS

Article 1

Consular institutions of the Republic of Tajikistan abroad protect the interests of the Republic of Tajikistan and its citizens within the framework of the Vienna Convention on Consular Relations and in every way promote the development of friendly relations of the Republic of Tajikistan with other States.

Article 2

Consular institutions are: consular departments of diplomatic missions of the Republic of Tajikistan, consulates-general, consulates, vice-consulates and consular agencies of the Republic of Tajikistan in foreign States.

Article 3

In their activities, consular institutions are guided by the legislation of the Republic of Tajikistan, the Vienna Convention on Consular Relations and other treaty and legal instruments to which the Republic of Tajikistan is a party, and by this Charter.

Article 4

Consular institutions are subordinate to the Ministry of Foreign Affairs of the Republic of Tajikistan and act under the general direction of the head of the diplomatic and consular mission of the Republic of Tajikistan in the receiving State.

Article 5

Consular departments of diplomatic missions of the Republic of Tajikistan are headed by heads of consular departments, who are styled consuls-general or consuls.

Consulates-general, consulates, vice-consulates and consular agencies are headed, respectively, by consuls-general, consuls, vice-consuls and consular agents.

Article 6

The consul performs the functions provided for by this Charter.

The consul may perform other functions not provided for by this Charter if they do not contradict the legislation of the Republic of Tajikistan and the legislation of the receiving State.

Article 7

In States where there are no diplomatic missions of the Republic of Tajikistan, diplomatic functions may also be entrusted to the consul, with the consent of the receiving State.

Article 8

The location of a consular institution, its class and consular district are determined by agreement with the receiving State.

Article 9

A consular institution has a seal bearing the State Emblem of the Republic of Tajikistan and the name of the consular institution in the official language of the receiving State.

Article 10

A consular institution has the right to display on the building it occupies a shield with the State Emblem of the Republic of Tajikistan and the name of the consular institution in the official language of the Republic of Tajikistan and in the official language of the receiving country.

Article 11

A consular institution has the right to fly the State Flag of the Republic of Tajikistan on the building of the consular institution.

The consul has the right to fly the State Flag of the Republic of Tajikistan at his residence, as well as on his means of transport.

Article 12

In this Charter, the terms used have the following meanings:

“Consul” means a consul-general, consul, vice-consul or consular agent who is the head of a consular institution.

“Consular officer” means any person, including the head of a consular institution, who is entrusted with the performance of consular functions (consul-general, consul, consular agent).

“Member of the staff of a consular institution” means any person employed at a consular institution in the performance of duties connected with the servicing of the consular institution.

CHAPTER II

Staff of consular institutions and the procedure for appointment of a consul

Article 13

Consular officers and members of the staff of consular institutions are in the civil service of the Ministry of Foreign Affairs of the Republic of Tajikistan.

Article 14

Only a citizen of the Republic of Tajikistan may be a consular officer.

Article 15

Upon appointment to the post, the consul receives from the Ministry of Foreign Affairs of the Republic of Tajikistan a written authorization — a consular commission (consular patent).

Article 16

The consul assumes his duties after obtaining the consent (exequatur) of the receiving State.

Article 17

If the Consul, for any reason, is unable to perform his functions, or if the post of consul is temporarily vacant, the performance of the consul’s duties is entrusted to another consular officer of the same or another consular institution of the Republic of Tajikistan in the receiving State, or to one of the members of the diplomatic staff of the diplomatic mission of the Republic of Tajikistan in that State.

CHAPTER III

Procedure for the performance of consular functions

Article 18

The consul performs the functions entrusted to him personally or assigns their performance to another consular officer.

Article 19

The performance by a consul of the Republic of Tajikistan of consular functions of another State may take place only upon a special instruction of the Ministry of Foreign Affairs of the Republic of Tajikistan and with the consent of the receiving State.

Article 20

The consul may address the authorities of the receiving State within his consular district on all matters connected with the activities of the consular institution.

Article 21

The consul is obliged, at least once a year, to tour his consular district.

Article 22

Complaints against the actions of consular officers and members of the staff of consular institutions are considered in the order of subordination.

SECTION II

FUNCTIONS OF THE CONSUL IN RELATION TO LEGAL ENTITIES

AND CITIZENS OF THE REPUBLIC OF TAJIKISTAN

CHAPTER IV

GENERAL PROVISIONS

Article 23

The consul is obliged to take measures to ensure that natural and legal persons of the Republic of Tajikistan enjoy in full all rights granted to them by the legislation of the receiving State, internationally accepted norms and customs, as well as rights established in international instruments to which the Republic of Tajikistan and the receiving State are parties.

Article 24

The consul keeps a record of citizens of the Republic of Tajikistan who permanently reside and who are temporarily present in his consular district.

Article 25

The consul assists representatives of ministries, departments and organizations of the Republic of Tajikistan who are within the consular district, as well as other citizens of the Republic of Tajikistan who have arrived in his consular district, in the performance of their official duties.

Article 26

The consul informs citizens of the Republic of Tajikistan who are temporarily present in his consular district of the laws and other normative acts of the receiving State, as well as of local customs.

Article 27

The consul assists in the holding of cultural and public events by citizens of the Republic of Tajikistan residing in his consular district.

Article 28

The consul has the right to represent citizens of the Republic of Tajikistan before the institutions of the receiving State if they are absent and have not entrusted the conduct of the matter to any person, or are unable to protect their interests for other reasons. Such representation continues until the persons represented appoint their authorized representatives or themselves assume the protection of their rights and interests.

CHAPTER V

Functions of the Consul in relation to the execution of commissions of investigative bodies or courts of the Republic of Tajikistan

Article 29

The consul executes commissions of investigative bodies or courts of the Republic of Tajikistan in respect of citizens of the Republic of Tajikistan if this is not prohibited by the laws of the receiving State. Such commissions are executed in compliance with the procedural legislation of the Republic of Tajikistan.

Chapter VI

Functions of the consul in relation to adoption, guardianship and trusteeship

Article 30

The consul has the right to register an act of adoption of a child who is a citizen of the Republic of Tajikistan and resides outside the Republic of Tajikistan. If the adoptive parent is not a citizen of the Republic of Tajikistan, permission of the authorized body of the Republic of Tajikistan is required for the adoption.

Article 31

The consul takes measures to establish guardianship and trusteeship over minor citizens of the Republic of Tajikistan who are in his consular district and who have been left without care.

Equally, the Consul takes measures to establish guardianship and trusteeship over adult citizens of the Republic of Tajikistan who, by reason of health or other circumstances, cannot independently exercise their rights and perform their duties.

CHAPTER VII

Functions of the Consul in relation to the property of citizens of the Republic of Tajikistan

Article 32

The consul takes measures to protect property left after the death of a citizen of the Republic of Tajikistan.

If the remaining property consists wholly or in part of items subject to spoilage, or if the cost of storing it is excessively high, the consul has the right to sell such property and to remit the proceeds as appropriate.

Article 33

The consul has the right to take measures for the dispatch of inherited property to heirs who are in the Republic of Tajikistan.

Article 34

The consul may accept for safekeeping money, valuables, securities and documents belonging to citizens of the Republic of Tajikistan.

In the event of the death of the person to whom the property deposited for safekeeping belonged, the provisions of Article 32 of this Charter apply to that property.

CHAPTER VIII

Functions of the Consul in relation to citizens of the Republic of Tajikistan who are under arrest, detained or deprived of liberty in any other form, or who are serving a sentence

Article 35

The consul is obliged to ensure that, in respect of a citizen of the Republic of Tajikistan who has been taken into custody, or detained on suspicion of having committed a crime, or subjected to other measures restricting liberty, as well as to judicial or administrative action, the laws of the receiving State and the treaty and legal instruments concluded by the Republic of Tajikistan with that State are observed.

The consul is obliged, at the request of interested persons and on his own initiative, to visit citizens of the Republic of Tajikistan who are in places of detention and to ascertain the conditions of their detention.

The consul is obliged to ensure that such citizens of the Republic of Tajikistan are held in conditions that meet the requirements of hygiene and sanitation and are not subjected to cruel treatment or treatment that degrades human dignity.

CHAPTER IX

Functions of the Consul in matters of passports and visas

Article 36

The consul has the right, in exceptional cases and with the consent of the consular service of the Ministry of Foreign Affairs of the Republic of Tajikistan, to issue passports to citizens of the Republic of Tajikistan, to extend the period of validity of passports and to make the necessary entries therein.

Article 37

The consul has the right to issue to foreign citizens visas for entry into the Republic of Tajikistan, exit from the Republic of Tajikistan and transit through the territory of the Republic of Tajikistan, to make changes to issued visas, and also to cancel previously issued visas.

CHAPTER X

Functions of the Consul in matters of citizenship

Article 33

The consul has the right to accept applications of foreign citizens residing in his consular district for admission to the citizenship of the Republic of Tajikistan, with their subsequent transmission to the competent bodies of the Republic of Tajikistan for consideration.

Article 39

The consul, with the consent of the head of the diplomatic mission of the Republic of Tajikistan in the receiving State, may submit to the Ministry of Foreign Affairs proposals for deprivation of the citizenship of the Republic of Tajikistan of persons who have committed acts that discredit the high title of a citizen of the Republic of Tajikistan and that have caused damage to the prestige or State security of the Republic of Tajikistan.

CHAPTER XI

Functions of the Consul in matters of registration of acts of civil status

Article 40

In accordance with the legislation of the Republic of Tajikistan, the consul registers acts of civil status of citizens of the Republic of Tajikistan.

The consul accepts petitions of citizens of the Republic of Tajikistan permanently residing in the receiving State for the introduction of changes, corrections and additions to records of acts of civil status, for the restoration of lost records, and also for a change of surname, given name and patronymic, and transmits them for consideration to the competent bodies of the Republic of Tajikistan.

Article 41

Upon receiving information of the birth or death of a citizen of the Republic of Tajikistan on aircraft and other means of transport, or in his consular district, the consul, in accordance with the legislation in force of the Republic of Tajikistan, registers the act of birth or death.

Article 42

The instruction on the procedure for registration by the consul of acts of civil status is approved by the Ministry of Justice of the Republic of Tajikistan and the Ministry of Foreign Affairs of the Republic of Tajikistan.

SECTION III

NOTARIAL ACTS, CONSULAR LEGALIZATION, CONSULAR FEES

CHAPTER XII

Notarial acts

Article 43

The consul performs the following notarial acts:

1) certifies transactions (contracts, wills, powers of attorney, etc.), except contracts for the alienation and pledge of residential houses located in the Republic of Tajikistan;

2) takes measures to protect inherited property;

3) issues a certificate of the right to inheritance;

4) issues a certificate of the right of ownership of a share in the common property of spouses;

5) attests the accuracy of copies of documents and extracts therefrom;

6) attests the accuracy of translations of documents from one language into another;

7) attests the authenticity of a signature on documents;

8) certifies the fact that a citizen is alive;

9) certifies the fact that a citizen is in a certain place;

10) certifies the identity of a citizen with the person depicted in a photograph;

11) certifies the time of presentation of documents;

12) accepts monetary sums and securities on deposit;

13) makes executive endorsements;

14) accepts documents for safekeeping;

15) secures evidence;

16) makes maritime protests.

The legislation of the Republic of Tajikistan may also provide for other notarial acts to be performed by the consul.

The procedure for the performance of notarial acts by the consul is determined by the Law of the Republic of Tajikistan on State Notaries, this Charter and other legislative acts of the Republic of Tajikistan.

The instruction on the procedure for the performance of notarial acts by the consul is approved by the Ministry of Justice of the Republic of Tajikistan and the Ministry of Foreign Affairs of the Republic of Tajikistan.

Article 44

Notarial acts are performed at a consular institution of the Republic of Tajikistan. In individual cases, notarial acts may be performed outside the said institution.

Article 45

A consul performing notarial acts is obliged to observe the secrecy of the notarial acts performed.

Certificates concerning the performance of notarial acts and documents are issued in accordance with the Law of the Republic of Tajikistan on State Notaries.

Article 46

Notarial acts are performed on the day of presentation of all documents required for that purpose, payment of consular fees and reimbursement of actual expenses.

Article 47

Notarially certified transactions, as well as applications and other documents, are signed in the presence of the consul performing the notarial acts. If a transaction, application or other document has been signed in the absence of the consul, the signatory must personally confirm that the document was signed by him.

A consul performing notarial acts is obliged to explain to citizens of the Republic of Tajikistan their rights and duties and to warn them of the consequences of the notarial acts being performed, so that legal unawareness and other similar circumstances are not used to their detriment.

Article 48

The consul may not perform notarial acts in his own name and on his own behalf, in the name and on behalf of his spouse, or of her (his) and his relatives in the direct line.

Article 49

Notarial record-keeping at a consular institution is conducted in the same language in which the record-keeping of the consular institution is conducted.

If the person who has applied for the performance of a notarial act does not know the language in which the record-keeping is conducted, the texts of the documents being drawn up must be translated for that person by the consul performing the notarial act, or by a translator known to the consul.

Article 50

If the consul becomes aware of an estate being opened in favour of citizens residing in the Republic of Tajikistan, the consul immediately communicates all information known to him concerning the estate and possible heirs to the Ministry of Foreign Affairs of the Republic of Tajikistan.

Article 51

If the performance of a notarial act contradicts the legislation of the Republic of Tajikistan, the consul refuses to perform such an act.

The consul does not accept documents for the performance of a notarial act if they do not meet the requirements of the legislation of the Republic of Tajikistan, or if by their content they may cause harm to the interests of Tajikistan, or if they contain information that discredits the honour and dignity of citizens.

At the request of the person who has been refused the performance of a notarial act, the reasons for the refusal must be stated to that person and the procedure for appealing against it must be explained.

Article 52

In the performance of notarial acts, in accordance with the legislation of the Republic of Tajikistan and the international legal instruments to which the Republic of Tajikistan and the receiving State are parties, the norms of international law are applied.

The consul accepts documents drawn up in accordance with the requirements of foreign law and makes certifying inscriptions in the form provided for by foreign legislation, if this does not contradict the legislation in force of the Republic of Tajikistan.

CHAPTER XIII

Consular legalization

Article 53

The consul legalizes documents and acts drawn up with the participation of the authorities of the consular district or emanating from those authorities.

The bodies of the Republic of Tajikistan accept such documents and acts for consideration only if they bear consular legalization, unless otherwise provided by the legislation of the Republic of Tajikistan or by international treaties to which the Republic of Tajikistan and the receiving State are parties.

Consular legalization consists in establishing and attesting the authenticity of signatures on such documents and acts and their conformity with the laws of the receiving State.

The procedure for consular legalization is established by the Ministry of Foreign Affairs of the Republic of Tajikistan.

Article 54

Documents and acts that contradict the legislation of the Republic of Tajikistan, or that by their content may cause harm to the interests of the Republic of Tajikistan, or that contain information that discredits the honour and dignity of its citizens, are not subject to legalization.

CHAPTER XII

Consular fees

Article 55

Consular fees are charged for consular acts performed abroad and on the territory of the Republic of Tajikistan.

Actual expenses connected with the performance of the said acts are also subject to reimbursement.

Article 56

Consular fees are charged in accordance with the Tariff of Consular Fees of the Republic of Tajikistan. Abroad — in the currency of the receiving country or in United States dollars; in Tajikistan — from citizens of the Republic of Tajikistan in the national currency of the Republic of Tajikistan, and from foreign citizens in United States dollars.

Article 57

The Tariff of consular fees is established by the Ministry of Foreign Affairs of the Republic of Tajikistan in agreement with the Ministry of Economy and Foreign Economic Relations and the Ministry of Finance of the Republic of Tajikistan.

The consul is granted the right, in exceptional cases, to reduce the rates of the consular fee or to exempt individual persons from payment of the fee upon their applications, if the reasons indicated by them are valid.

Article 58

Consular fees are credited to the revenue of the republican budget.

Article 59

Consular fees are not charged:

a) where there is an international treaty on waiver of the charging of consular fees to which the Republic of Tajikistan and the receiving State are parties;

b) in matters of repatriation of citizens of the Republic of Tajikistan;

c) for the visaing of foreign diplomatic passports on the basis of reciprocity;

d) for the request and legalization of documents concerning length of service, social security of citizens, in alimony matters, and in other cases provided for by the legislation of the Republic of Tajikistan.

SECTION IV

FUNCTIONS OF THE CONSUL IN RELATION TO CIVIL AIRCRAFT OF THE REPUBLIC OF TAJIKISTAN

Article 60

Within the framework of his functions, the consul assists the commander, crew and passengers of a civil aircraft of the Republic of Tajikistan (hereinafter referred to as “the aircraft”) in their relations with the authorities of the receiving State, and takes all measures for the return, where necessary, of the aircraft, its crew and passengers to the Republic of Tajikistan, or for the continuation of the flight.

Article 61

The consul has the right:

a) to facilitate the landing of an aircraft at an airport, its departure therefrom and the stay of the aircraft at an airport located within the consular district;

b) to ascertain the circumstances of incidents that have taken place on board the aircraft, and to question the commander of the aircraft and members of the crew;

c) where necessary, to take measures for the provision of emergency medical assistance and for the dispatch to the Republic of Tajikistan of members of the crew and passengers of the aircraft;

d) to receive, draw up or certify any declaration or other document in respect of aircraft provided for by the legislation of the Republic of Tajikistan or by international treaties to which the Republic of Tajikistan is a party.

Article 62

In the event of an accident, forced landing or other incident involving an aircraft within the consular district, the consul renders the necessary assistance to the crew and passengers.

The consul also takes all measures within his power to protect the aircraft that has suffered an accident or made a forced landing, the cargo and the material evidence indicating the nature of the incident, and assists specialists of the Republic of Tajikistan in the investigation of the aviation accident.

Article 63

In the event of the commission of crimes on board an aircraft, the consul assists the commander of the aircraft in the performance of duties arising from the legislation of the Republic of Tajikistan and international treaties to which the Republic of Tajikistan is a party.

Article 64.

The consul has the right to send citizens of the Republic of Tajikistan, mail and cargo on aircraft proceeding to airports of the Republic of Tajikistan.

SECTION V

FUNCTIONS OF THE CONSUL IN RELATION TO AIRCRAFT (HELICOPTERS) OF THE ARMED FORCES OF THE REPUBLIC OF TAJIKISTAN

Article 65

The consul is obliged in every way to assist the crews of aircraft (helicopters) of the Armed Forces of the Republic of Tajikistan that are on the territory of the receiving State, within his consular district, in matters of relations with the local authorities, material and technical support, and in other matters.

In the absence of a military attaché of the Republic of Tajikistan in the receiving State, the consul takes part in the resolution of all matters connected with the departure of aircraft (helicopters).

Article 66

Upon receiving information of the forthcoming arrival of aircraft (helicopters) at an airfield located within the consular district, the consul, together with the relevant authorities of the receiving State, takes measures to ensure their arrival at the place of destination.

Article 67

Upon the arrival of aircraft (helicopters), the consul immediately communicates to the commander the information necessary in dealings with the local authorities, in particular concerning the sanitary condition of the locality, the rules, local laws and customs, the observance of which is obligatory for the commander and members of the crew.

Article 68

The consul is obliged, at the first opportunity, to visit the arriving aircraft (helicopter) in person.

Where necessary, the consul accompanies the commander of the crew (flight) when paying visits to officials of the receiving State.

Article 69

In cases where a seriously ill member of the crew is left for treatment in the receiving State, the consul must follow the course of treatment and ensure his dispatch to Tajikistan.

In the event of the death of a member of the crew, the consul takes measures for burial with due honours or for the dispatch of the body of the deceased to Tajikistan. The documents and personal property of the deceased are also sent to Tajikistan.

Article 70

In the event of an accident or other incidents, the consul takes all measures within his power to render the necessary assistance to the aircraft (helicopters) and to ensure the proper legal documentation of the incident that has taken place.

Article 71

The consul assists the commander of the crew (flight) in establishing contact with higher command, and also assists in the dispatch of official air mail.

SECTION VI

FUNCTIONS OF THE CONSUL IN RELATION TO MEANS OF ROAD AND RAIL TRANSPORT

Article 72

In the performance of consular functions in relation to means of road and rail transport, the consul is guided by the provisions of Section IV of this Charter.

SECTION VII
FUNCTIONS OF THE CONSUL IN SANITARY, PHYTOSANITARY AND VETERINARY PROTECTION

CHAPTER XV

Functions of the Consul in sanitary protection excluded (as amended by Resolution of the Government of the Republic of Tajikistan of 2.11.2007 No. 546)

Article 73

Upon the appearance of quarantine diseases in territories previously free of those diseases, the consul immediately reports this to the Ministry of Foreign Affairs of the Republic of Tajikistan, indicating the name of the infected area, the number of cases and the anti-epidemic measures taken by the local authorities.

The consul informs citizens who have received permission to enter the Republic of Tajikistan of the need to present, upon entry into Tajikistan, international certificates of vaccination.

CHAPTER XVI

Functions of the Consul in phytosanitary and veterinary protection

Article 74

Upon the appearance within the consular district of dangerous diseases or pests of agricultural plants, as well as in cases of mass disease of livestock and poultry or of a threat of the spread of diseases common to humans and animals, the Consul immediately reports this to the diplomatic mission of the Republic of Tajikistan in the receiving country or, in its absence, to the Ministry of Foreign Affairs of the Republic of Tajikistan.

Article 75

The consul informs citizens who have received permission to enter the Republic of Tajikistan of the need to present, upon entry into the Republic of Tajikistan, veterinary certificates for animals, raw materials and products of animal origin, and of the rules for the import into the Republic of Tajikistan of seeds, live plants, planting material, fresh fruit and vegetables.

SECTION VIII

HONORARY (NON-CAREER) Consuls

Article 76

The Ministry of Foreign Affairs of the Republic of Tajikistan, in agreement with the receiving State, may entrust the performance of individual consular functions to honorary (non-career) consuls.

Honorary (non-career) consuls may be either citizens of the Republic of Tajikistan or citizens of foreign States.

Article 77

Honorary (non-career) consuls are not in the civil service of the Republic of Tajikistan.

Honorary (non-career) consuls are appointed and perform their functions in accordance with the Regulations on the Honorary (Non-Career) Consul of the Republic of Tajikistan, approved by Resolution of the Council of Ministers of the Republic of Tajikistan of 19 April 1993 No. 167.

(as amended by Resolution of the Government of the Republic of Tajikistan of 2.11.2007 No. 546)