On ratification of the Consular Convention between the Republic of Kazakhstan and the Democratic People's Republic of Korea

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Law of the Republic of Kazakhstan dated February 16, 1999 No. 346

To ratify the Consular Convention between the Republic of Kazakhstan and the Democratic People's Republic of Korea, signed in Pyongyang on November 15, 1996.

President of the Republic of Kazakhstan

Consular Convention between the Republic of Kazakhstan and the Democratic People's Republic of Korea

(Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 2, Article 21) (Entered into force on April 8, 2000 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 182) The Republic of Kazakhstan and the Democratic People's Republic of Korea, guided by the desire to develop their consular relations, have decided to conclude this Consular Convention and have agreed on the following.  

Section 1 Definitions Article 1 For the purposes of this Convention: (a) "consular post" means the consulate general, consulate, vice-consulate or consular agency; (b) "consular district" means the area of the receiving State allocated to the consular post for the performance of consular functions; (c) "head of the consular post" means the Consul General, consul, Vice-consul or consular an agent who has been assigned by the represented State to act in this capacity; (d) "Consular officer" means a person, including the head of a consular post, to whom the sending State has entrusted the performance of consular functions in this capacity; (e) "Staff member of a consular post" means any person performing administrative, technical and service functions at a consular post; (f) "staff of a consular post" means consular officials persons and staff of the consular institution; g) "family members" means the spouse of an employee of the consular institution, as well as their minor children; (h) "Consular premises" means buildings or parts of buildings specially provided for the use of the consular institution and the land plots serving them, regardless of who owns the ownership of them; (i) "consular archives" means all documents of the consular institution, certificates, letters, books, telegrams, registers, registers together with ciphers and codes, registration log, stamp, sound recordings, video recordings, films, photographs, etc., as well as any items of furniture designed to ensure their safety or storage; (j) "Citizen of the sending State" means any natural person having the nationality of the sending State; (k) "legal person" means any institution or organization in the receiving State established on the basis of the laws of the sending State; (l) "Vessel of the sending State" means any vessel authorized to fly the flag of the sending State, registered in this State, with the exception of military courts; (m) "Aircraft of the sending State" means any aircraft bearing the identification marks of the sending State registered in that State, with the exception of military aircraft.  

Section II Opening of consular offices, appointment of consular staff and termination of their functions Article 2 Opening of consular posts 1. A consular post may be opened in the territory of the receiving State only with the consent of that State. 2. The location of the consular post, its class and consular district, as well as any subsequent changes regarding the location of the consular post, its class or consular district, should be determined by agreement between the sending State and the receiving State.

Article 3 Appointment of the head of the consular institution, recognition of him in this capacity 1. Before appointing the head of the consular post, the sending State must ensure diplomatically that the person concerned receives the consent of the receiving State to recognize him as the head of the consular post. After receiving the consent of the receiving State, the sending State, through its diplomatic mission or by other appropriate means, sends a consular patent to the Ministry of Foreign Affairs of the receiving State, which indicates the full name and surname of the head of the consular post, the rank, the consular district designated for him and the location of the consular post. 2. After accepting the consular patent, the receiving State issues an executive officer as soon as possible, recognizing the head of the consular institution in this capacity. However, the receiving State may refuse to issue an executive order without being obliged to explain the reasons for its decision. 3. After the issuance of a consular executive by the receiving State, the head of the consular institution is allowed to perform his functions. 4. Prior to the issuance of the executive order, the head of the consular institution may be temporarily admitted by the receiving State to perform his functions. In this case, the provisions of this Convention shall apply to him. 5. After the issuance of the consular executive, the receiving State shall notify the competent authorities of the consular district and take all necessary measures to enable the head of the consular institution to perform the functions provided for in this Convention and to enjoy the privileges and immunities deriving from this Convention.  

Article 4 Temporary performance of the functions of the head of the consular institution In the event that the head of the consular post is unable to perform his functions for any reason, or if the position of head of the consular post is vacant, the represented institution may authorize a consular official of this or another consular post in the receiving State of one of the members of the diplomatic staff of its diplomatic mission in the receiving State to temporarily perform the functions of the head of the consular post. In this case, the sending State must inform the Ministry of Foreign Affairs of the receiving State in advance. The acting head of the consular post is subject to the same privileges and immunities as are granted to the head of the consular post, and the appointment of a member of the diplomatic staff as acting head of the consular post does not affect the privileges and immunities granted to him according to his diplomatic status.

Article 5 Appointment of an employee of a consular institution and recognition of him in this capacity 1. The sending State appoints an employee of the consular institution and informs the receiving State in writing of: a) the full name and surname, position, arrival, departure, termination of official duties and change of position during the service of the employee of the consular institution; b) the full name and surname, nationality, arrival and departure of a family member of the employee of the consular institution, and also about changes in their status.; (c) The recruitment and dismissal of a citizen of the receiving State. 2. An employee of a consular institution shall assume his/her functions after being appointed by the sending State in this capacity and from the moment of notification to the receiving State of his/her arrival at the consular institution. 3. The competent authorities of the receiving State shall issue appropriate certificates to the staff of the consular institution and their family members.

 Article 6 Nationality of employees of the consular institution 1. Only a citizen of the sending State may be a consular official, however, he may not be a person permanently residing in the receiving State. 2. Only citizens of the represented State of residence may be employees of the consular institution. In the latter case, the consular institution must obtain prior consent from the competent authorities of the receiving State.  

Article 7 Termination of the functions of an employee of a consular institution The functions of an employee of a consular post are terminated: (a) when the sending State has informed the receiving State of the termination of the functions of an employee of a consular post; (b) when the receiving State has revoked the executive officer; (c) when the receiving State has informed the sending State diplomatically that the receiving State has ceased to consider him an employee of a consular post.

Article 8 Persons recognized as "persona non grata" 1. The receiving State may at any time notify the sending State that an employee of the consular institution is unacceptable to the receiving State. In such a case, the sending State must recall this person or terminate his functions at the consular institution. 2. In the case of the provisions of subparagraph (b) of article 7 and paragraph 1 of this article, the receiving State is not obliged to give reasons to the sending State for its decision. 3. If the sending State fails to fulfill its obligation provided for in paragraph 1 of this article within a reasonable period of time, the receiving State has the right to revoke the person's executive officer and consular certificate or refuse to recognize such person as an employee of the consular institution.  

Section III Consular functions Article 9 General consular functions 1. A consular officer protects the rights and interests of the sending State, its citizens and legal entities, and also provides assistance to citizens and legal entities of the sending State. 2. The consular officer promotes the development of friendly relations between the sending State and the receiving State and promotes the development of exchange and cooperation between the two countries in the fields of economy, trade, culture, education, science, tourism, etc. 3. The consular officer may find out by all legal means the situation in trade, economic, scientific, technical, cultural, sports and other areas of the host State and inform their Government about it, as well as provide this information to interested persons.  

Article 10 Functions in matters of citizenship and registration of acts of civil status 1. A consular official has the right to perform the following functions: a) to accept applications for citizenship in accordance with the law of the sending State; b) to register citizens of the sending State who are in the receiving State; c) to register the birth or death of citizens of the sending State, and also, to issue and accept documents atrticle 10 Functions in matters of citizenship and registration of acts of civil status 1. A consular official has the right to perform the following functions: a) to accept applications for citizenship in accordance with the law of the sending State; b) to register citizens of the sending State who are in the receiving State; c) to register the birth or death of citizens of the sending State, and also, to isccept documents attesting to this; (d) To register marriages and the dissolution of marriages of citizens of the sending State, as well as to accept and issue documents attesting to this; (e) To accept any application concerning family relations of citizens of the sending State. 2. The provisions of paragraph 1 of this article do not exempt citizens of the sending State from the obligation to comply with the laws and regulations of the receiving State.  

Article 11 Issuance of passports and visas 1. A consular officer has the right to issue passports or other travel documents to citizens of the represented State, to amend or cancel them. 2. The consular officer issues visas to persons traveling to the represented State or passing through this country in transit.

 Article 12 Notarization and legalization 1. In accordance with the laws and regulations of the sending State, a consular official hascle 12 Notarization and legalization 1. In accordance with the laws and regulations of the sending State, a consular official has the right: a) at the request of any person, regardless of his nationality, to issue documents to him for use in the sending State; b) at the request of citizens of the sending State, to issue documents to them for use in or outside the receiving State; c) to translate documents into the official language of the represented State and certify the identity of this translation; (d) Legalize documents issued by the competent authorities of the sending State or the receiving State; (e) Draw up, certify and deposit wills of citizens of the sending State; (f) Draw up and certify acts and transactions between citizens of the sending State, since such acts and transactions do not contradict the legislation of the receiving State and do not relate to the establishment or transfer of rights to immovable property. property; to draw up and certify acts to draw up and certify acts and transactions between citizens of the sending State, on the one hand, and citizens of other States, on the other hand, since these acts and transactions relate exclusively to property or rights in the sending State and relate to cases to be considered in that State, provided that these acts and transactions contradict the legislation of the receiving State; g) to certify signatures of citizens of the represented State on all kinds of documents; h) to take into custody the property and documents of citizens of the sending State, since this does not contradict the legislation of the receiving State; i) performs other notarial acts in accordance with the legislation of the sending State. 2. Documents drawn up, certified or translated by a consular official in accordance with paragraph 1 of this article will be considered by the receiving State as documents having the same legal significance and evidentiary value as if they were documents drawn up, certified or trDocuments drawn up, certified or translated by a consular official in accordance with paragraph 1 of this article will be considered by the receiving State as documents having the same legal significance and evidentiary value as if they were documents drawn up, certified or translated by the competent authorities and institutions of the sending State, provided that they comply with the legislation of the receiving State.. If it is necessary according to the legislation of the host State, the documents must be legalized.  

Article 13 Communication with citizens of the sending State 1. A consular official has the right to communicate and meet with citizens of the sending State on the territory of the consular district. The receiving State in no way restricts the communication of citizens of the sending State with the consular institution and their access to the Article 13 Communication with citizens of the sending State 1. A consular official has the right to communicate and meet with citizens of the sending State on the territory of the consular district. The receiving State in no way restricts the communication of citizens of the sending State with the consular institution and their access to the consular institution. 2. If a citizen of the sending State is under arrest, detained or otherwise deprived of liberty in tIf a citizen of the sending State is under arrest, detained or otherwise deprived of liberty in the territory of the consular district, the competent authorities of the receiving State must notify the consular institution as soon as possible, but not later than within 7 days from the moment of the arrest, detention of this citizen or other form of deprivation of liberty. 3. In the event of the arrest, detention or other form of deprivationIn the event of the arrest, detention or other form of deprivatio of liberty of a citizen of the sending State, the consular officer has the right at any time to visit him, to talk or communicate with him, as well as to provide him with legal assistance. The competent authorities of the receiving State must ensure a visit within 3 days of receiving notification of this from a consular official and subsequently provide such an opportunity on a periodic basis. 4. In case of arrest, detention or other form of deprivation of liberty of a citizen of the sending State, the competent authorities of the receiving State are obliged, upon his request, to ensure that he has communication with the consular institution of the sending State. 5. During the exercise of the rights provided for in this article, the consular officer is obliged to comply with the relevant laws and regulations of the receiving State.

Article 14 Guardianship and trusteeship 1. The competent authorities of the receiving State, if they have information, shall notify the consular officer of the need to appoint a guardian or trustee for a citizen of the sending State residing in the territory of the receiving State. 2. The consular officer shall cooperate with the competent authorities of the receiving State on the issue referred to in paragraph 1 of this article and, if necessary, recommend a person to perform the duties of a guardian or trustee in accordance with the legislation of the receiving State. 3. If the court or other competent authorities of the receiving State consider that the proposed person is unacceptable as a guardian or trustee for any reason, the consular officer shall propose another candidate.  

Article 15 Representative of a citizen or a legal entity of the represented State 1. If a citizen or legal entity of the sending State is absent or otherwise unable to defend their interests in a timely manner, a consular official may, without a special power of attorney, represent such citizen or legal entity before a court or other institution of the receiving State, and may also recommend a suitable representative for him. 2. During the performance of the functions provided for in paragraph 1 of this article, a consular officer must comply with the laws and regulations of the receiving State.

 Article 16 Assistance to citizens or legal entities of the sending State 1. A consular official has the right to apply to the competent authorities of the receiving State for assistance in the search for missing citizens of the sending State permanently residing or temporarily staying in the territory of the receiving State. The competent authorities of the receiving State should provide materials related to this by all possible means and methods. 2. The competent authorities of the receiving State, if they become aware of the death, disappearance, serious injury or accident of a citizen of the sending State, must inform the consular institution immediately. The consular officer may apply to the competent authorities of the receiving State for the provision of materials related to the accident, and also has the right to take measures necessary to protect the interests of the victims. 3. A consular officer has the right to receive and temporarily store documents, money, jewelry and property of a citizen or a legal entity of the represented host State.

 Article 17 Property protection measures 1. In the event of the death of a citizen of the sending State, the competent authorities of the receiving State must immediately notify the consular institution of this and, at the request of the consular institution, provide a death certificate or other death certificates free of charge. 2. In the event that a citizen of the sending State permanently residing in the territory of the receiving State has died and his inherited property is located in the territory of the receiving State and the heir or beneficiary is absent from the receiving State, the competent authorities of the receiving State should inform the consular institution as soon as possible. 3. The competent authorities of the receiving State shall take measures to protect the hereditary property associated with a citizen of the sending State, and a consular official may request that he be allowed to visit the place where this hereditary property is preserved. 4. A citizen of the sending State who is an heir or a person who has received a will has the right to inherit or receive inherited property remaining in the receiving State after the death of a person of any nationality, and if this citizen is absent from the receiving State, the competent authorities of the receiving State must inform the consular institution about the inherited property to be accepted or inherited by this citizen. 5. A consular officer has the right to accept and transfer inherited property that a citizen of the sending State who does not have permanent residence in the receiving State must receive from the receiving State. 6. If a citizen of the sending State who did not have permanent residence in the receiving State has died in that State, and his relative or representative is absent in the receiving State, the consular officer has the right to temporarily store the money, documents and personal belongings of the deceased for transfer to their heir, recipient or another person entitled to receive this property. 7. A consular officer must comply with the laws and regulations of the receiving State while performing the functions provided for in paragraphs 5 and 6 of this article.

Articles 18 Assistance to a vessel of ticles 18 Assistance to a vessel of the represented State 1. A consular officer has the right, within his consular district, to provide assistance to a vessel of the sending State located in the internal and territorial waters of the receiving State, including ports and other anchorages, as well as to the captain, crew members and passengers of the vessel, including: a) to board the vessel, to hear the report of the captain on the vessel, cargo, circumstances of navigation, and the captain, crew members and passengers of the vessel may communicate with the cons consular officer has the right, within his consular district, to provide assistance to a vessel of the sending State located in the internal and territorial waters of the receiving State, including ports and other anchorages, as well as to the captain, crew members and passengers of tel, including: a) to board the vessel, to hear the report of the captain on the vessel, cargo, circumstances of navigation, and the captain, crew members and passengers of the vessel may communicate with the consular officer as soon as the vessel is allowed free communication with the shore.; (b) Wib) Without prejudice to the rights of the competent authorities of the receiving State to investigate incidents that occurred during the voyage of the vessel; (c) Without prejudice to the rights of the authorities of the receiving State to resolve disputes between the captain and crew members, including disputes concerning wages and employment contracts, in accordance with the legislation of the sending State; (d) If necessary, to take measures for hospital treatment or repatriation of the ship's captain or crew members; f) receive, verify, issue, certify or legalize documents in relation to the ship; (f) In case of acquisition of a vessel abroad, issue temporary certificates for the right to sail the vessel under the flag of the sending State; (g) Perform other tasks related to the vessel on behalf of the competent authorities of the sending State. 2. In carrying out the functions provided for in this article, a consular officer may seek assistance and assistance from the competent authorities of the receiving State.  

Article 19 Protection from coercive measures applied to a vessel of the sending State 1. In the event that a court or other competent authorities of the receiving State intend to take any coercive measures or conduct an important investigation against a vessel of the sending State, the competent authorities must necessarily notify the consular institution in advance so that the consular officer or his representative can be present during such actions. If the consular officer was not present, at his request, the competent authorities of the receiving State provide him with detailed information about what took place on board the vessel. 2. The provisions provided for in paragraph 1 of this article shall also apply if the competent authorities of the receiving State intend to take the above-mentioned measures against the captain or crew members of the vessel on land. 3. Except in cases where routine, customs or sanitary control is carried out, or when actions by the competent authorities of the receiving State are taken at the request or with the consent of the captain or consular officer, the competent authorities of the receiving State have no right to interfere in the internal affairs of the vessel of the sending State, provided that the peace, security and public order of the receiving State are not violated.

Article 20 Assistance to damaged vessels of the represented State 1. If a vessel of the sending State has suffered an accident in the internal or territorial waters or in the vicinity of the territorial waters of the receiving State, the competent authorities of the receiving State shall notify the consular institution as soon as possible, as well as notify about the measures taken to save people, ship, cargo and other property. 2. A consular officer shall take measures to assist an injured vessel of the sending State, crew members and passengers of that vessel, and he may also apply to the authorities of the receiving State for assistance for this purpose. 3. If a distressed vessel of the sending State or any object belonging to such a vessel has been found on or near the coast of the receiving State or has been delivered to a port of that State and the captain, owner of the vessel, representative of the shipping company or insurance agent are absent, or they are unable to take measures to preserve the vessel or object; or to dispose of it, the competent authorities of the receiving State shall notify the consular institution as soon as possible. A consular officer may, without a special power of attorney, take measures on behalf of his own vessel of the represented State in relation to the wrecked vessel. 4. If the vessel of the sending State that has been damaged, as well as its cargo, rigging and food, were not delivered for sale or use in the receiving State, they shall not be subject to customs duties or similar charges and taxes.

Article 21 Visiting a vessel of another State With the consent of the captain and compliance with the rules in the ports of the receiving State, a consular officer or his representative may visit a ship of another State bound for the port or anchorage of the sending State.

Article 22 Aircraft of the represented State In this Convention, the provisions on ships of the sending State shall also apply to civil aircraft of the sending State. However, such an application should not contradict the provisions of the bilateral agreement currently in force between the sending State and the receiving State, and the provisions of a multilateral agreement to which both the sending State and the receiving State are parties.

Article 23 Delivery and export of legal documents Subject to compliance with the rules of the receiving State, a consular official has the right to take testimony from a citizen or a legal entity of the represented State, deliver and export judicial, non-judicial and other legal documents.  

Article 24 Performing consular functions in the consular district and beyond A consular officer performs consular functions only within the consular district. With the consent of the receiving State, he can perform his functions outside the consular district.

Article 25 Communication with the competent authorities of the receiving State In connection with the performance of consular functions, a consular official may communicate: a) with the local authorities of the consular district; b) with local authorities outside the consular district. In this case, there must be agreement on the part of the receiving State; c) with the central authorities of the receiving State. In this case, communication is possible to the extent permitted by the laws, regulations and customs of that State.

 Article 26 Performance of consular functions by a diplomatic mission 1. The diplomatic mission of the sending State in the receiving State may perform consular functions. A member of the diplomatic staff appointed to perform consular functions shall enjoy the same rights and privileges enjoyed by a consular official in accordance with the provisions provided for in this Convention. 2. The diplomatic mission of the sending State must inform the Ministry of Foreign Affairs of the receiving State of the surname, first name and position of the member of the diplomatic staff performing consular functions. 3. A member of the diplomatic staff performing consular functions shall continue to enjoy the rights, services, privileges and immunities granted to him in accordance with his diplomatic status.

 Section IV Privileges and immunities Article 27 Ensuring the conditions for the consular institution to perform its functions, the receiving State shall provide all possible assistance to the consular institution to perform its functions. It shall provide the staff of the consular institution with its protection and take all necessary measures to ensure that the staff of the consular institution can perform their duties and enjoy privileges and immunities in accordance with the provisions of this Convention.

 Article 28 Use of the National flag and coat of arms 1. A consular shield with the coat of arms of the sending State and the name of the consular institution in the language of the sending State and in the language of the receiving State may be affixed to the building of the consular institution and to the residence of the Head of the consular institution. 2. The national flag of the represented State may be displayed on the building of the consular institution and on the residence of the Head of ticle 28 Use of the National flag and coat of arms 1. A consular shield with the coat of arms of the sending State and the name of the consular institution in the language of the sending State and in the language of the receiving State may be affixed to the building of the consular institution and to the residence of the Head of the consular institution. 2. The national flag of the represented State may be displayed on the building of the consular institution and on the residence of the Head of the consular institution. 3. The head of the consular institution may display the flag of the represented State on vehicles during their use for official purposes.

Article 29 Consular and residential premises 1. The receiving State shall assist the sending State in acquiring ownership, lease, construction or acquisition of buildings and parts of buildings and land plots for the placement of a consular post and use as living quarters for employees of the consular post, with the exception of the living quarters of employees of the consular post who are citizens of the receiving State or persons permanently residing in living in it. 2. The receiving State, if necessary, shall assist the represented State in obtaining appropriate consular premises for the staff of the consular institution. 3. The provision of paragraph 1 of this article does not exempt the sending State from the need to comply with the laws and regulations on construction, urban planning, and monument protection adopted in the area where the above-mentioned land plots, buildings, or parts of buildings are located or will be located.  

Article 30 Inviolability of consular premises 1. Consular premises are inviolable. The authorities of the receiving State may not enter the consular premises without the consent of the head of the consular institution, the head of the diplomatic mission of the sending State or a person appointed by one of them. 2. The receiving State has a duty to protect the consular premises from any intrusion and damage, as well as to prevent any actions that threaten the security of the consular institution and undermine its dignity. 3. The consular premises, their equipment, property and means of transportation of the consular institution shall be exempt from administrative and military requisitions of the receiving State. In the event of a need for requisition, the receiving State must take all measures to ensure that such an action does not interfere with the performance of consular functions and promptly pay adequate compensation to the sending State. 4. Consular premises may not be used for purposes inconsistent with the performance of consular functions. 5. The provision provided for in paragraph 1 of this article also applies to the living quarters of consular officials, to vehicles owned by the sending State and intended for the performance of consular functions.  

Article 31 Inviolability of consular archives The consular archives are inviolable at any time and regardless of where they are located.  

Article 32 Freedom of communication 1. The receiving State must permit and protect the freedom of communication of the consular institution for official purposes. When communicating with the Government, diplomatic missions and other consular institutions of the sending State, wherever they are located, the consular institution may use all available means, including diplomatic and consular couriers, diplomatic and consular bags, coded and encrypted dispatches. The consular institution may install and operate receiving and transmitting radio equipment in the receiving State only with the permission of the receiving State. 2. The official correspondence of the consular institution is inviolable. Official correspondence means all correspondence related to the performance of consular functions. The consular bag is not subject to opening or removal. A consular valise must have visible external markings and signs indicating their nature, and may contain only official correspondence and documents or items intended for official use. If the competent authorities of the receiving State have serious grounds to believe that the consular bag contains items other than official correspondence, they may request the authorized representative of the sending State to open this consular bag in front of the representatives of the competent authorities. If the competent authorities of the receiving State refuse to comply with such a request, the bag will be returned to the place of dispatch. 3. Only a citizen of the represented State who does not permanently reside in the receiving State may become a Consular courier. A consular courier is provided with an official identity document and enjoys the same rights, privileges and immunities as a diplomatic courier in the territory of the receiving State. 4. The consular bag may be assigned to the commander of the aircraft or the captain of the vessel of the represented State. In this case, this aircraft commander or the ship's captain provides an official document specifying the number of seats that make up the valise. But he will not be considered a consular courier. The consular post, with the consent of the competent authorities of the receiving State, may send a consular official so that he can freely receive a consular bag from the commander of the aircraft or the captain of the vessel and in the same way transfer such a bag to him.  

Article 33 Consular fees and duties 1. The consular institution has the right to collect consular fees and duties in the territory of the receiving State in accordance with the legislation of the sending State. 2. The profits from the consular fees and duties referred to in paragraph 1 of this article and the receipts upon receipt thereof shall be exempt from any taxes and fees of the receiving State. 3. The receiving State shall permit the consular institution to transfer to the sending State the income from consular fees and duties specified in paragraph 1 of this article.  

Article 34 Freedom of action The receiving State must ensure that employees of the consular institution and their family members have freedom of action and travel within the consular district, with the exception of an area where entry is prohibited or restricted by the receiving State for reasons of national security.

 Article 35 Personal inviolability of consular officials 1. The receiving State treats consular officials and members of their families with due respect and takes all necessary measures to prevent any form of attacks on their personality, freedom and dignity. 2. Consular officials are not subject to arrest or pre-trial detention except on the basis of a decision of the competent judicial authorities in the case of serious crimes. 3. With the exception of the cases specified in paragraph 2 of this article, consular officials may not be imprisoned and are not subject to any other forms of restrictions on personal freedom, except in pursuance of judicial decisions that have entered into force. 4. If a criminal case is initiated against a consular official, he must report to the competent authorities. However, during the proceedings, he must be respected, taking into account his official position, and, except in the cases provided for in paragraph 2 of this article, avoid interfering with the performance of his consular functions.

 Article 36 Notification of arrest, detention or judicial review In the event of the arrest or detention of an employee of a consular institution or the initiation of criminal proceedings against him, the receiving State must immediately inform the head of the consular institution. If the receiving State takes the aforementioned measures against the head of the consular institution, it must inform the sending State about this through diplomatic channels.

Article 37 Exemption from jurisdiction 1. An employee of a consular institution, in respect of his actions aimed at performing consular functions, is exempt from the jurisdiction of the judicial and administrative authorities of the receiving State. However, this provision does not apply to the following civil claims: a) arising from a contract concluded by him, under which he has not assumed obligations as a representative of the represented State; (b) Claims brought by a third party in connection with damage caused by a land, sea or air transport accident in the receiving State; (c) relating to private immovable property located in the territory of the receiving State, unless that person owns it on behalf of the sending State for consular purposes; (d) relating to inheritance, in respect of of which he acts as executor of the will, heir or beneficiary, as a private person. 2. If the receiving State takes the enforcement measures provided for in the sub-paragraphs of paragraph 1 of this article, these measures should not prejudice the right of a consular official to the inviolability of his person and home.  

Article 38 Testimony 1. A consular official is not required to testify as a witness. 2. An employee of the consular institution may be called to testify before the courts or other competent authorities of the receiving State. He may refuse to give testimony about circumstances related to his official activities. However, in all cases, it is unacceptable for the receiving State to take any coercive measures against an employee of a consular institution. 3. The competent authorities of the receiving State, who require the testimony of an employee of the consular institution, should avoid interfering with the performance of their official duties. They may, whenever possible, take such statements, both orally and in writing, at the consular premises or at the home of this employee.  

Article 39 Exemption from labor, state and military duties Employees of the consular institution and their family members are exempt from all forms of labor, state and military duties in the receiving State. They are also exempt from fulfilling all the requirements stipulated by the laws and regulations of the receiving State regarding registration, obtaining residence and work permits, as well as other similar requirements for foreign citizens.  

Article 40 Exemption from taxes on movable property and real estate 1. Consular premises and living quarters of employees of a consular institution owned or leased by the represented State, as well as transactions related to their rental or purchase, are exempt from taxation and collection of any taxes and fees, with the exception of payments for specific types of services. 2. The provisions of paragraph 1 of this article shall also apply to vehicles owned by the receiving State and intended for the performance of consular functions. 3. The provisions of paragraphs 1 and 2 of this article shall not apply to payments and taxes levied under the legislation of the receiving State by persons who have concluded an agreement with the sending State or a person acting on its behalf.

 Article 41 Exemption of consular post employees from taxes 1. An employee of a consular post, as well as members of his family, are exempt in the receiving State from all taxes, fees and duties, personal and property, state, district and municipal, with the exception of: a) indirect taxes, which are usually included in the price of goods; b) taxes and duties on private immovable property located in the receiving State, with the exception of the provisions of paragraph 1 of article 40 of this Convention; (c) Taxes and fees on inheritance and taxes on the transfer of property rights levied by the receiving State; (d) Taxes and fees on private income earned in the receiving State, with the exception of income earned in the performance of official duties; (e) Taxes and fees on income earned as a result of the provision of special services; (f) registration fees, court and registry fees, mortgage and stamp duties, with the exception of the provisions of Article 40 of this Convention. 2. Employees of the consular institution are exempt from all taxes and fees of the host State.

 Article 42 Exemption from customs duties and customs inspection 1. The receiving State, in accordance with the laws and regulations in force in it, permits the import and export, exempts from customs duties and other payments, with the exception of payments for loading, transportation, storage and unloading and similar services: a) items intended for the official use of the consular (b) Items intended for the personal use of a consular officer and his family members, including vehicles; (c) Items intended for personal use, including household equipment and daily necessities, brought by the consular officer when he first arrived at his new destination. 2. The personal baggage of a consular officer and members of his family shall be exempt from customs control. The competent authorities of the receiving State may carry out a customs inspection if there are sufficient grounds to believe that the baggage contains items other than those specified in subparagraph (b) of paragraph 1 of this article, or items the import and export of which is prohibited by the laws and regulations of the receiving State or falls under its quarantine regulations. Such an inspection may be carried out in the presence of a consular official or his authorized representative.

 Article 43 Hereditary property of an employee of a consular institution In case of death of an employee of the consular institution or a member of his family, the State of residence: 1. Authorizes the export of movable property of the deceased, with the exception of those items whose export was prohibited according to the legislation of the time of death of this person, although they were acquired by the deceased in the receiving State; 2. Exempts from all taxes on the movable property of the deceased, which was located in the receiving State solely in connection with the stay in that State of the deceased person as an employee of the consular institution or a member of his family.  

Article 44 Privileges and immunities of family members Family members of employees of the consular institution enjoy the same privileges and immunities enjoyed by a consular officer and an employee of the consular institution.

Article 45 Persons who are not entitled to privileges and immunities The privileges and immunities provided for in the provisions of this Convention, with the exception of those referred to in paragraph 1 of article 37, shall not apply to members of the consular institution and their family members if they are nationals of the receiving State or permanently reside in that State.  

Article 46 Beginning and end of privileges and immunities 1. An employee of a consular institution shall enjoy the privileges and immunities provided for in the provisions of this Convention from the moment he crosses the border of the receiving State to perform consular functions. A person who is already in the territory of the receiving State enjoys privileges and immunities from the moment he takes office as an employee of the consular institution. 2. Members of the family of an employee of a consular institution shall enjoy the privileges and immunities provided for in this Convention from the day when the employee of the consular institution began to enjoy the privileges and immunities, or from the moment of crossing the border of the receiving State, or from the moment of becoming a family member of the employee of the consular institution. 3. The privileges and immunities of a person who has completed his or her work as an employee of a consular institution and his or her family members cease when they cross the border of the receiving State or after a reasonable period of time required to cross the border of the receiving State has expired. The privileges and immunities of family members of an employee of a consular institution cease when they are no longer members of that family. However, if the said persons intend to leave the receiving State within a reasonable period of time, the privileges and immunities of these persons shall be extended until they cross the border of the receiving State. 4. In the event of the death of an employee of the consular institution, the privileges and immunities of the family members of the deceased shall remain in force until they cross the border of the receiving State or until the expiration of a reasonable period necessary to cross the border of the receiving State.  

Article 47 Waiver of privileges and immunities 1. The sending State may waive the privileges and immunities of consular staff and their family members. In all cases, the refusal must be expressed in writing. 2. Waiving immunity from jurisdiction in civil or administrative matters does not mean waiving immunity in respect of the execution of a court decision, which requires a separate waiver in writing. 3. If a counterclaim is initiated that is directly related to the claim brought by an employee of the consular institution or members of his family, they are deprived of the right to invoke immunity from jurisdiction.  

Article 48 Respect for the laws and regulations of the host State 1. All persons endowed with privileges and immunities under the provisions of this Convention are obliged, without prejudice to their privileges and immunities, to respect the laws and regulations of the receiving State.

They are obliged not to interfere in the internal affairs of the host State.

2. A citizen of the represented State who works as an employee of a consular institution must not engage in any activity other than the performance of official duties.

 Section V

Final provisions

Article 49

Resolution of disputes

In case of disputes concerning the interpretation or application of the provisions of this Convention, the Contracting Parties will resolve them through negotiations and consultations.

Article 50

Making changes and additions

This Convention may be amended and supplemented by mutual agreement of the Contracting Parties.

 Article 51 Ratification, entry into force, cancellation 1. This Convention is subject to ratification and will enter into force on the 30th day after written notification through diplomatic channels of its ratification. 2. The Contracting Parties shall conclude this Convention for an indefinite period and may terminate it at any time. This Convention shall expire six months after the date of receipt by one of the Contracting Parties of a written notification through diplomatic channels from the other Contracting Party of its intention to terminate it.

Done in Pyongyang on November 15, 1996, in two originals, each in the Kazakh, Korean and Russian languages, all texts being equally authentic.

In case of divergence in interpretation of the provisions of this Convention, the Contracting Parties will be guided by the text in Russian.

For the Republic of Kazakhstan And the Democratic People's Republic of Korea

(specialist: R.Zhantasova proofreader: I.Sklyarova)

President

Republic of Kazakhstan

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