Overview of the consular system
Consular relations: based on agreements between countries
Consular jurisdiction: one-sided dispatch based on unequal treaties (not accepted by modern international law)
Consular and Diplomatic Relations
connect
Establishing diplomatic relations means establishing consular relations, but severing diplomatic relations does not necessarily sever consular relations.
In the administrative system, consuls and diplomats belong to the diplomatic personnel organization system, and they can hold both positions concurrently.
the difference
Protection of comprehensive interests/partial interests: the scope of activities is the entire territory of the receiving country; the scope of activities is limited to the relevant consular area (consular privileges and immunities are slightly lower than those of diplomacy)
Full representation/partial representation: The embassy has full diplomatic exchanges with the receiving country; the consulate only negotiates on matters such as protecting overseas Chinese, commerce, and shipping affairs.
Kinds and grades
category
Career consuls/honorary consuls: formally appointed state officials; consuls appointed from local businessmen, lawyers of the receiving country, etc.
dispatch and receive
Dispatch: No need to consult the receiving country, but if the recipient is an international person, the receiving country’s express consent is required
Acceptance (beginning of duties): after the receiving country issues a consular certificate (no reason is required for refusal)
Unwelcome Personnel: The receiving country may at any time notify the sending country declaring any member of staff unacceptable
Duties: Protection, promotion, understanding and reporting, passport and visa processing, helping and assisting nationals of the sending country, notary and administrative affairs, supervision and inspection, etc.
Termination: severing diplomatic relations does not automatically sever consular relations.
Consular Privileges and Immunities
Features: Emphasis is placed more on the basis of functional needs than on diplomatic privileges and immunities.
privilege
Consulate premises are inviolable within certain limits (embassy: all require consent of the head of mission)
In case of fire or other disasters
If necessary, the receiving country may requisition consular buildings, equipment, etc., but compensation shall be provided (conditions: prompt, sufficient and effective compensation)
Consular archives and documents are inviolable
Freedom of communication and freedom of movement
Radio transmitters require permission from the receiving country, and can be used for official purposes only
If there is a serious reason for the mail bag to be present, it can be opened and inspected (pouch bags are not allowed to be opened in the embassy, without exception)
The person of the messenger shall not be violated when performing his duties.
The right to consular notification (correspondence and liaison with nationals of the sending country) is not available in the embassy
When the personal freedom of a national of the sending State is restricted, the competent authority of the receiving State shall promptly inform the person concerned of the rights provided for in this paragraph and upon his request, the competent authority of the receiving State shall promptly notify the consular post of the sending State
Consular officials have the right to appoint legal representatives on their behalf
Use the national flag and national emblem
exemption
Personal freedom is subject to certain protections (Embassy: no personal infringement is allowed, except to prevent a crime, for self-defense, etc.)
Exception: Consular officials who commit serious crimes or who are subject to the ruling of the competent judicial authority must appear in court before the competent judicial authority when criminal proceedings are filed.
limited immunity from jurisdiction
Immunity: Acts performed in the performance of consular duties (Embassy: full immunity for criminal cases, 4 exceptions for civil administration)
Exceptions: Exceptions for civil immunity: litigation arising from the conclusion of a contract as a representative of the sending country; claims for damages caused by accidents caused by vehicles, ships or aircrafts
Exemption from the obligation to testify to a certain extent (Embassy: no obligation to testify at all)
Exemption: Provide official correspondence and documents; provide testimony as an expert on the laws of the sending country (other than that, testimonials cannot be refused)
Exemption from taxes, duties (only direct taxes) and inspections (exceptions: presence for serious reasons)
The obligations of the consulate and its personnel towards the receiving country: perform duties in a non-compliant manner, respect the laws and regulations of the receiving country, not interfere in the internal affairs of the receiving country, and not engage in any professional or commercial activities for private interests, etc.
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