(Effective Date 1990.10.30) Article 1. The present Regulations are formulated for the purpose of defining the consular privileges and immunities of the foreign consular Article 2. consular officers shall be of the nationality of the sending State. They may, only with the consent of the competent Chinese authorities, Article 3. The consular post and its head shall have the right to use the national flag and emblem of the sending State on the premises of Article 4. The premises of the consular post shall be inviolable. Chinese government functionaries shall not enter them except with the consent Article 5. The premises of the consular post and the residence of its head shall be exempt from dues and taxes other than such as represent The fees and charges levied by the consular post in the course of its official duties shall be exempt from all dues and taxes. Article 6. The archives and documents of the consular post shall be inviolable. Article 7. The members of the consular post shall enjoy freedom of movement and travel within Chinese territory except for areas the entry Article 8. The consular post may for official purposes communicate freely with the Government and the diplomatic missions and other consular Article 9. The consular post may install and use a wireless transmitter-receiver only with the consent of the Chinese Government. The import Article 10. The consular bag shall be neither opened nor detained. The consular bag may contain only official correspondence and documents or articles intended for official use and must be sealed and Article 11. The consular courier must be of the nationality of the sending State and shall not be a permanent resident of China. The consular Consular couriers ad hoc must be provided with certificates of courier ad hoc issued by the competent authorities of the sending State, A consular bag may be entrusted to the captain of a commercial aircraft or a commercial ship. He must be provided with an official Article 12. The person of a consular officer shall be inviolable. The Chinese authorities concerned shall take appropriate measures to prevent Consular officers shall not be liable to arrest or detention, except in the case of grave crime and pursuant to a decision made in Consular officers shall not be committed to prison save in execution of a judicial decision of final effect. Article 13. The residence of a consular officer shall be inviolable. His papers and correspondence shall be inviolable. His property, except in the case provided in Article 14 of the present Regulations, shall be inviolable. Article 14. Consular officers and members of the administrative and technical staff of the consular post shall enjoy immunity from judicial Immunity from judicial jurisdiction of a consular officer and a member of the administrative of technical staff of the consular post (1) arising out of a contract in which he did not contract expressly as an agent of the sending State; (2) relating to private immovable property situated in the territory of China, unless he holds it on behalf of the sending State for (3) relating to succession in which he is involved as a private person; or (4) for damages arising from an accident in China caused by a vehicle, vessel or aircraft. Article 15. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings, but If a consular officer should decline to give evidence, no coercive measure or penalty may be applied to him. A member of the administrative or technical staff of the consular post or a member of the service staff may not decline to give evidence Article 16. The immunity from jurisdiction of the persons concerned specified in the present Regulations may be waived through express declaration The initiation of proceedings by a person enjoying immunity from jurisdiction in accordance with the provisions of the present Regulations Waiver of immunity from civil or administrative jurisdiction shall not imply waiver of immunity in respect of the execution of the Article 17. Consular officers and members of the administrative or technical staff of the consular post shall be exempt from all dues and taxes, (1) dues and taxes of a kind which are normally incorporated in the price of goods or services; (2) dues or taxes on private immovable property situated in the territory of China, unless that is used as consular premises; (3) estate, succession or inheritance duties, except for the movable property left in China by a deceased consular officer; (4) dues and taxes on private income having its source in China; or (5) charges levied for specific services rendered. Members of the service staff of the consular post shall be exempt from dues and taxes on the wages which they receive for their service Article 18. Members of the consular post shall be exempt from all personal and public services as well as military obligations. Consular officers and members of the administrative or technical staff of the consular post shall be exempt from all obligations under Article 19. Imported articles for the official use of the consular post, those for the personal use of consular officers, and those for the personal Imported articles for the personal use of the consular officers or the members of the administrative or technical staff of the consular The personal baggage of a consular officer shall be exempt from inspection, unless the competent Chinese authorities have serious Article 20. The consular post and its members may carry firearms and bullets into or out of China for their personal use, only with the approval Article 21. The spouses and minor children of the consular officers, of the members of the administrative or technical staff of the consular Article 22. Consular officers who are nationals of China or aliens permanently resident in China shall enjoy the privileges and immunities provided Members of the administrative or technical staff of the consular post and members of the service staff of the consular post who are Private attendants shall not enjoy the privileges and immunities provided for in the present Regulations. Article 23. The following persons shall enjoy necessary immunity and inviolability during their transit through or sojourn in China: (1) a consular officer stationed in a third State who passes through China together with his spouse and minor children forming part (2) a visiting foreign consular officer who has obtained a diplomatic visa from China or who holds a diplomatic passport of a State Article 24. Persons enjoying consular privileges and immunities under the present Regulations shall: (1) respect Chinese laws and regulations; (2) not interfere in the internal affairs of China; and (3) not use the premises of the consular post and the residence of members of the consular post for purposes incompatible with the Article 25. Consular officers shall not practise for personal profit any professional or commercial activity outside his official functions Article 26. In case the consular privileges and immunities accorded by a foreign State to the Chinese consular posts and their members in that Article 27. Where the international treaties to which China is a contracting or acceding party contain otherwise provisions in respect of consular Where the bilateral treaties or agreements concluded between China and other countries contain otherwise provisions in respect of Article 28. For the purposes of the present Regulations, the following expressions shall have the meanings hereunder assigned to them: (1) “consular post” means any consulate-general, consulate, vice- consulate or consular agency; (2) “consular district” means the area assigned to a consular post for the exercise of consular functions; (3) “head of consular post” means the consul-general, consul, vice- consul or consular agent charged by the sending State with the (4) “consular officer” means any consul-general, vice-consul- general, consul, vice-consul, consular attache or consular agent; (5) “members of the administrative or technical staff of the consular post” means the members of the staff of the consular post engaged (6) “members of the service staff” means the members of the staff of the consular post engaged in the domestic service of the consular (7) “members of the consular post” means consular officers, members of the administrative or technical staff of the consular post (8) “private attendant” means an attendant in the private employment of a member of the consular post; (9) “consular premises” means the buildings or parts of buildings and the land ancillary thereto used exclusively for the purposes Article 29. The present Regulations shall enter into force as of the date of promulgation.
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