On the ratification of the Consular Convention between the Republic of Kazakhstan and the Republic of Poland

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The Law of the Republic of Kazakhstan dated July 4, 2006 No. 155

To ratify the Consular Convention between the Republic of Kazakhstan and the Republic of Poland, signed in Warsaw on November 27, 1997.

President of the Republic of Kazakhstan

 Section I Definitions

 Article 1

1. The definitions used in this Convention have the following meanings: (a) "Consular post" means any consulate general, consulate, vice-consulate and consular agency; (b) "consular district" means the area allocated to a consular post for the performance of consular functions; (c) "head of a consular post" means the person charged with acting in that capacity; (d) "consular officer" means any person, including the head of a consular institution, who is entrusted with the performance of consular functions in this capacity; (e) "Staff member of a consular post" means any person performing administrative and technical duties at a consular post; (f) "Service staff member" means any person performing service duties at a consular post; (g) "Staff member of a consular post" means a consular official, an employee of a consular post and an employee of a service staff; (h) "private domestic worker" means a person who is exclusively in the private service of an employee of a consular institution; (i) "Family member" means the spouse of an employee of a consular institution, his children and parents, if they live with him and are dependent on him; (j) "consular premises" means buildings or parts of buildings used exclusively for the purposes of the consular institution and the land plot serving that building or parts of buildings, to whom no matter who owns the right of ownership to them, including the residence of the head of the consular institution; (k) "Consular archives" means all papers, documents, correspondence, books, films, sound recordings and registers of the consular institution, together with ciphers and codes, card files and any items of furniture intended to ensure their safety or storage; (l) "Ship" means any civilian vessel authorized to fly the flag of the represented State. state and registered in that State; (m) "Aircraft" means any civil aircraft authorized to use identification marks belonging to the represented State and registered in that State;

2. The provisions of this Convention concerning nationals of the sending State shall also apply appropriately to legal entities and other entities that are not legal entities, but which are established in accordance with the laws and regulations of the sending State and have their headquarters in that State.

 Section II Opening of consular offices and appointment of consular staff

 Article 2

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 the consular district shall be determined by the sending State and subject to the approval of the receiving State.

3. Further changes to the location of the consular post, its class or the consular district may be carried out only with the consent of the receiving State.

 Article 3

1. The head of the consular institution is allowed to perform his functions after submitting the consular patent and receiving the executive office of the receiving State.

2. The sending State, through its diplomatic mission or otherwise, sends a consular patent to the Ministry of Foreign Affairs of the receiving State. The consular patent contains the full name and surname, nationality of the head of the consular institution, his rank, the consular district in which he will perform his functions, as well as the location of the consular institution.

3. Upon presentation of the patent, the receiving State issues an executive officer to him as soon as possible and free of charge.

4. Prior to the issuance of an executive order, the receiving State may give the head of the consular institution consent to temporarily perform his functions.

5. From the moment of granting consent to perform functions, even temporary ones, the authorities of the receiving State take the necessary measures to ensure that the head of the consular institution can perform his functions.

 Article 4

1. The Ministry of Foreign Affairs of the receiving State shall be notified in writing: (a) The appointment of members of the consular post, their arrival after their appointment to the consular post, their final departure or termination of their functions, and any other changes affecting their status that may occur during their work at the consular post; (b) the arrival or final departure of a family member of the consular post employee, and also, where appropriate, that a person becomes or ceases to be such a family member.; (c) The arrival and final departure of private domestic workers and, where appropriate, termination of service as such; (d) The recruitment and dismissal of persons residing in the receiving State as consular staff or private domestic workers.

2. Notification of arrival or final departure should be given as far in advance as possible.

Article 5

1. The competent authorities of the receiving State shall issue, free of charge, to each consular official an appropriate document confirming his personal data and position.

2. The provisions of paragraph 1 of this article shall also apply to employees of the consular institution, members of the service staff and private domestic workers, provided that these persons are not citizens of the receiving State and do not have permanent residence in that State.

3. The provisions of paragraphs 1 and 2 of this article shall apply appropriately to family members.

 Article 6

A consular official may only be a citizen of the sending State who does not have a permanent place of residence in the receiving State and does not perform any other activity in that State for the sake of earning money other than his official functions.

 Article 7

The receiving State may at any time, without being obliged to give reasons for its decision, notify the sending State by diplomatic means or in any other appropriate manner that the executive office or other authorization issued to the head of the consular post is being revoked or that a particular consular official or other employee of the consular post is unacceptable. In such a case, the sending State must recall such a person if he has already assumed his functions. If the sending State does not fulfill this obligation within a reasonable period of time, the receiving State may refuse to recognize such a person as an employee of the consular institution.

 Article 8

The sending State may, after notifying the States concerned, entrust a consular post established in one State with the performance of consular functions in another State, unless there is a clearly expressed objection from any of these States.

 Article 9

Upon appropriate notification to the receiving State, the consular post of the sending State may, if the receiving State does not object, perform consular functions in the receiving State on behalf of a third State.

 Article 10

Each of the Contracting Parties may, within the framework of bilateral relations, appoint and receive honorary consular officials, applying to them the provisions of section 3 of the Vienna Convention on Consular Relations, as well as, if possible, the provisions of this Convention. Honorary consular officials may be citizens of the sending State, the receiving State, or a third State.

 Section III Benefits, privileges and immunities

 Article 11

1. The receiving State will provide all possible assistance to the consular institution and take the necessary measures to ensure that the staff of the consular institution can perform their official functions and enjoy the rights, privileges and immunities provided for in this Convention. The receiving State will take the necessary measures to ensure the security of the consular institution.

2. The receiving State will treat consular officials and their family members with due respect and will take the necessary measures to prevent any form of encroachment on their identity, freedom and dignity.

 Article 12

1. If the head of the consular post is unable to perform his duties for any reason or if the position is temporarily vacant, the sending State may appoint a temporary head.

2. The full name and surname of the acting head of the consular post shall be communicated to the Ministry of Foreign Affairs of the receiving State or to the body designated by that ministry by the diplomatic mission of the sending State or, if that State does not have such a representative office in the receiving State, by the head of the consular post or, if he is unable to do so, by any competent authority of the sending State. As a general rule, this message is made in advance. The receiving State may condition its consent on the admission of the temporary head of the consular institution, who is neither a diplomatic representative nor a consular official of the sending State in the receiving State.

3. The competent authorities of the receiving State shall provide assistance and protection to the temporary head of the consular institution. The provisions of this Convention shall apply to the person temporarily heading a consular post on the same basis as to the head of the relevant consular post. However, the receiving State is not obligated to grant the temporary head of the consular institution the privileges and immunities enjoyed by the head of the consular institution solely by virtue of conditions to which the temporary head of the consular institution does not meet.

4. If, in accordance with the provisions of paragraph 1 of this article, a member of the diplomatic staff of a diplomatic mission or an employee of the Ministry of Foreign Affairs of the sending State is appointed interim head of a consular post, he/she shall continue to enjoy diplomatic privileges and immunities, provided that the receiving State does not object to this.

 Article 13

1. In accordance with the legislation of the receiving State, the sending State may, on the principles of reciprocity,: a) to acquire ownership or lease buildings or parts of buildings for use as premises of the consular post, the residence of the head of the consular post and living quarters for other employees of the consular post; b) to build or adapt buildings for the same purposes on land plots provided for use on a paid basis; c) transfer the acquired ownership right a third party.

2. The receiving State, if necessary, shall assist the consular institution in obtaining appropriate living quarters for the staff of the consular institution.

3. The provisions of paragraph 1 of this article do not exempt the sending State from the need to comply with the laws and regulations on construction, urban planning, and monument protection applicable in the area where the above-mentioned sites, buildings, or parts of buildings are located or will be located.

 Article 14

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 sending State on vehicles during its use for official purposes.

 Article 15

1. The consular premises are inviolable. The authorities of the receiving State may not enter the consular premises without the consent of the head of the diplomatic mission, the head of the consular institution of the sending State, or a person appointed by one of them.

2. The provisions of paragraph 1 of this article shall apply to the living quarters of the staff of the consular institution.

 Article 16

Consular premises, their equipment, property of the consular institution and its vehicles are not subject to any form of seizure for the purposes of national defense, public needs or for other purposes.

 Article 17

1. Consular premises and living quarters of employees of the consular institution, the owner or tenant of which is the sending State or any person acting on its behalf, are exempt from taxation or 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 not apply to payments and taxes that, according to the legislation of the receiving State, are levied on persons who have concluded an agreement with the sending State or with a person acting on its behalf.

3. The provisions of paragraph 1 of this article shall also apply to vehicles owned by the sending State and intended for the performance of consular functions.

 Article 18

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

 Article 19

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 appropriate means, including diplomatic and consular couriers, diplomatic and consular bags, coded or encrypted dispatches. The consular institution may install and use radio receiving and transmitting equipment only with the permission of the receiving State.

2. Official correspondence of the consular institution is inviolable. The words "official correspondence" mean any correspondence concerning the consular institution and its functions.

3. Consular mail must have a clear external designation of its nature and may contain only official correspondence, as well as documents and items intended solely for official purposes.

4. Consular mail is not subject to opening or seizure. If the competent authorities of the receiving State have serious grounds to believe that this mail contains items other than correspondence, documents and items specified in paragraph 3 of this article, they may request that this mail be opened in their presence by authorized representatives of the sending State. If the authorities of the sending State refuse to comply with this request, this mail will be returned to its place of departure.

5. Consular couriers of the sending State enjoy the same rights, privileges and immunities in the territory of the receiving State as diplomatic couriers. The consular courier must be provided with an official document confirming his status and specifying the number of items that make up the consular mail. A consular courier may be a citizen of the sending State who does not have a permanent place of residence in the receiving State.

6. The consular post may be assigned to the captain of the vessel or the commander of the aircraft. This captain or commander is provided with an official document specifying the number of items that make up the consular mail, but he will not be considered a consular courier. A consular officer may freely receive consular mail directly from the captain of the vessel or the commander of the aircraft and transmit such mail in the same way.

 Article 20

1. A consular officer shall enjoy immunity from the criminal, civil and administrative jurisdiction of the receiving State. He enjoys personal inviolability and cannot be detained, arrested, or otherwise restrict his personal freedom.

2. An employee of a consular institution and a staff member enjoy immunity from the criminal, civil and administrative jurisdiction of the receiving State only for actions related to the performance of their official duties.

3. The provisions of paragraphs 1 and 2 of this article shall not apply to civil claims.: a) arising from a contract concluded by an employee of the consular institution, under which he has not directly or indirectly assumed obligations as a representative of the sending State. b) initiated for damage caused by an employee of a consular institution in the receiving State as a result of an accident caused by any vehicle. (c) Relating to private immovable property located in the territory of the receiving State, unless an employee of the consular institution owns it on behalf of the accrediting State for consular purposes, as well as to claims relating to inheritance cases in which an employee of the consular institution acts as an heir, executor of a will, administrator or leading inheritance affairs as a private person.

4. The provisions of paragraphs 1-3 of this Article apply respectively to family members.

 Article 21

1. The sending State may waive the privileges and immunities provided for in paragraphs 1 and 2 of article 20 of this Convention. This refusal must be explicitly expressed in writing.

2. The initiation of proceedings by an employee of a consular institution in a case where he could have availed himself of immunity from jurisdiction under article 20 of this Convention deprives him of the right to invoke immunity from jurisdiction in respect of any counterclaim directly related to the main claim.

3. Waiving immunity from jurisdiction in a civil or administrative matter does not mean waiving immunity from executive actions, which requires a special waiver.

 Article 22

1. Employees of the consular institution may be called as witnesses in judicial or administrative proceedings. An employee of the consular institution and a member of the service staff may not refuse to testify before the courts or other competent authorities of the receiving State, except in the cases provided for in paragraph 3 of this article. If the consular officer He refuses to testify, and no measures of coercion or punishment can be applied to him.

2. The body that requires the testimony of a consular official should avoid interfering with the performance of this person's functions. He may, whenever possible, hear such testimony at the person's home or at the consular institution, or receive written testimony from him.

3. Employees of the consular institution are not required to give evidence on matters related to the performance of their functions or to submit official correspondence and documents related to their functions. This provision also applies to family members of an employee of a consular institution and to private domestic workers in relation to facts related to the activities of the consular institution.

4. Employees of the consular institution are also not required to give evidence explaining the legislation of the represented State.

 Article 23

The receiving State is obliged to exempt employees of the consular institution and their family members from all labor and state duties, regardless of their nature, as well as from military duties such as requisition, indemnity and military station.

 Article 24

An employee of a consular institution and members of his family are exempt from fulfilling all the requirements provided for by the laws and regulations of the receiving State regarding registration, obtaining a residence and work permit, as well as other similar requirements for foreigners.

 Article 25

1. An employee of a consular post and members of his family shall be 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 of the kind that are usually included in the price of goods or services; b) taxes and fees on private immovable property, located in the receiving State, with the exception of the provisions of article 17 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, including income from capital originating in the receiving State, as well as taxes on capital invested in commercial and financial enterprises of the receiving State; (e) Fees charged for specific types of services; (f) registration, court and registry fees, mortgage fees, stamp duties, except for the provisions of article 17 of this Convention.

2. Service personnel employees are exempt from taxes, fees and duties for the wages they receive for their work. 3. Employees of the consular institution who employ persons whose salary or remuneration is not exempt from income tax in the receiving State must fulfill the duties defined to employers by the laws and regulations of that State regarding the collection of income tax.

 Article 26

1. In accordance with the laws and regulations in force, the receiving State permits the import and export, exempts from customs duties and other payments, with the exception of payments for loading, transportation, storage and unloading or other services: a) items intended for official use by the consular institution; b) items, including vehicles intended for personal use. for the use of employees of the consular institution or their family members, including items intended for their improvement.

2. The personal baggage of a consular officer, as well as members of his family, shall be exempt from customs control unless there are serious reasons to believe that it 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 under the legislation or quarantine regulations of the receiving State. Such an inspection may be carried out in the presence of a consular official or his authorized representative.

 Article 27

With the exception of its laws and other provisions concerning areas to which access is prohibited or restricted for security reasons, the receiving State ensures freedom of movement for all employees of the consular institution, as well as their family members, on its territory. In this case, the receiving State will in no way create difficulties for the consular officer in the performance of his functions.

 Article 28

1. The privileges and immunities provided for in this Convention, with the exception of the provisions of paragraphs 3 and 4 of article 22, do not apply to employees of the consular institution and service personnel if they are nationals of the receiving State or permanently reside in that State.

2. Family members shall enjoy the privileges and immunities provided for in this Convention for employees of a consular institution, provided that they are not nationals of the receiving State, do not permanently reside in that State and do not engage in activities there for the purpose of earning money.

3. The privileges and immunities defined by this Convention, with the exception of the provisions of paragraph 3 of article 22, will not be granted to private domestic workers.

 Article 29

All persons granted privileges and immunities under this Convention are obligated, without prejudice to their privileges and immunities, to respect the laws and regulations of the receiving State, including laws and regulations governing the movement of vehicles and car insurance.

 Section IV Consular functions

 Article 30

1. A consular officer has the right, within the limits of his consular district, to perform the functions listed in this section of the Convention, as well as to perform other official consular functions, if they do not contradict the legislation of the receiving State, or to which that State does not object.

2. After notifying the receiving State, the consular officer may act as a representative of his State to any international organization. 3. In connection with the performance of his/her functions, a consular official has the right to contact the competent authorities of his/her consular district, as well as representatives of the central authorities of the receiving State, in writing or orally.

4. A consular officer has the right to collect consular fees and charges in accordance with the legislation of the sending State, the proceeds from these fees and charges are exempt from any taxes and charges of the receiving State.

 Article 31

A consular officer has the right to protect the interests of the represented State and its citizens.

 Article 32

The consular officer should promote the strengthening of friendly relations between the sending State and the receiving State, their citizens, as well as promote the development of economic, trade, cultural, scientific, and tourism ties.

 Article 33

1. A consular officer has the right to: (a) To register citizens of the sending State; (b) To receive notifications and documents concerning the birth or death of citizens of the sending State; (c) To accept applications for citizenship.

2. The consular officer shall notify the competent authorities of the receiving State of the implementation of the actions listed in subparagraphs b, c of paragraph 1 of this article, if required by the legislation of the receiving State.

3. The provisions of sub-paragraphs b and c of paragraph 1 of this article do not relieve interested persons from the obligation to comply with the formalities required by the legislation of the receiving State.

 Article 34

A consular officer has the right to: a) issue, restore and revoke the validity of passports of citizens of the sending State and other travel documents in accordance with the legislation of that State; b) issue documents granting the right to enter the sending State and make necessary changes to these documents; c) issue visas.

 Article 35

A consular officer has the right to: a) accept, register, compile and certify applications from citizens of the sending State; b) compile, register, certify and keep wills of citizens of the sending State; c) compile, register and confirm contracts concluded between citizens of the sending State and certify unilateral obligations, if these contracts or obligations do not contradict the legislation of the receiving State. However, a consular officer may not draw up, register and certify such agreements and obligations that establish, transfer or revoke substantive rights to immovable property located in the receiving State.; (d) Draw up, register and certify contracts between nationals of the sending State and the receiving State or nationals of a third State, if these contracts are enforceable and have legal consequences exclusively in the sending State and provided that they do not contradict the legislation of the receiving State; (e) legalize documents issued by the authorities of the sending State or the receiving State, and certify copies and duplicates of these documents; (f) To translate documents and verify the identity of the translation to the original document; (g) To verify the signatures of citizens of the sending State; (h) To accept documents, money and other items from or for citizens of the sending State for safekeeping, if this is not contrary to the laws of the receiving State. Such a deposit may be withdrawn from the receiving State only in compliance with the laws and other regulations of that State; i) issue documents relating to the origin of the goods.

 Article 36

Documents drawn up, certified or translated by a consular official, in accordance with the provisions of article 35 of this Convention, will be recognized by the receiving State as documents having the same legal significance and evidentiary value as if they had been drawn up, certified or translated by the competent authorities of the receiving State.

 Article 37

A consular officer has the right to serve judicial and non-judicial documents, as well as to take statements. This right may be applied only to citizens of the represented State and without coercion.

 Article 38

A consular official has the right, within the framework of the legislation and other provisions of the receiving State, to protect the interests of minors and other persons who do not have full legal capacity and are citizens of the sending State, in particular when there is a need to establish custody or guardianship over them.

 Article 39

The competent authorities of the receiving State shall immediately notify the consular officer of the death of a citizen of the sending State and provide him with a copy of the death certificate free of charge.

 Article 40

1. The competent authorities of the receiving State shall immediately notify the consular officer of the discovery of the inheritance of a citizen of the sending State, as well as of the discovery of the inheritance, regardless of the nationality of the deceased or deceased person, if the citizen of the sending State is identified as the heir entitled to the inheritance, or the recipient.

2. The competent authorities of the receiving State will take appropriate measures provided for by the laws and other provisions of that State to ensure the safety of the inheritance and will provide the consular officer with a copy of the will, if it has been drawn up, and any available information regarding the inheritance, the place of residence of the persons entitled to the inheritance, the value and the constituent elements of this inheritance, including amounts arising from social insurance, earnings, and other insurance policies. They will also inform you about the date of commencement of proceedings to review the will or the stage at which it is located.

3. A consular official has the right, without the need to present credentials, directly or indirectly through his representative, to represent before the courts and other competent authorities of the receiving State a citizen of the represented State who is the heir or beneficiary in the receiving State, if he is absent or has not appointed his authorized representative.

4. A consular officer has the right to: a) take measures to ensure the safety of the inheritance, seal and remove the seal, appoint a trustee or guardian, as well as participate in these actions himself; b) sell the property included in the inheritance, as well as receive notifications about the timing of this sale in order to be present at it.

5. At the time of completion of inheritance proceedings or other official actions, the competent authorities of the receiving State will immediately notify the consular officer about this, and after settling debts, payments and taxes, they will transfer to him the inheritance or shares of the inheritance of the persons he represents within three months.

6. A consular official has the right to receive, for transfer to an authorized person, shares of inheritance and a will due to a citizen of the represented State who does not have permanent residence in the receiving State, as well as to receive amounts due to persons entitled to compensation, pension, overdue wages and insurance policies.

7. The transfer of property and monetary amounts to the sending State, in accordance with the provisions of 5 and 6 of this article, may be carried out only in accordance with the legislation of the receiving State.

 Article 41

1. If a citizen of the sending State who does not permanently reside in the receiving State has died while staying in that State, the remaining property belonging to him shall be protected by the competent authorities of the receiving State and then transferred to a consular official of the sending State without special legal proceedings. The consular officer pays the debts of the deceased incurred by him during his stay in the receiving State, within the limits of the value of the remaining property.

2. The provisions of paragraph 7 of article 40 of this Convention shall apply accordingly to the property defined in paragraph 1 of this Article.

 Article 42

A consular officer has the right to represent citizens of the represented State before the courts and other competent authorities of the receiving State if, due to their absence or for other valid reasons, they are unable to defend their rights and interests in a timely manner. This representation continues until the represented persons appoint their representatives or take upon themselves the protection of their rights and interests.

 Article 43

1. A consular officer has the right to meet and communicate with any citizen of the represented State, to give him advice and to render all possible assistance, including taking measures to provide him with legal assistance. The receiving State in no way restricts the communication of a citizen of the sending State with a consular official and his access to the consular institution.

2. The competent authorities of the receiving State shall immediately notify the consular officer, but not later than within three days, of the arrest, detention or other deprivation of liberty of a citizen of the sending State.

3. A consular officer has the right to visit and communicate with a citizen of the represented State who is under arrest or otherwise detained or is serving a prison sentence immediately, that is, before the expiration of 4 days after receiving the notification. The rights listed in this paragraph shall be exercised in accordance with the laws and other regulations of the receiving State, provided, however, that these laws and regulations should contribute to the full realization of the purposes for which the rights granted in accordance with this article are intended.

4. The competent authorities of the receiving State shall promptly notify the consular officer of the sending State of accidents and other extraordinary circumstances that have affected nationals of the sending State.

 Article 44

1. A consular officer has the right to provide all possible assistance and assistance to a vessel of the sending State, its crew and passengers in ports, territorial or internal waters of the receiving State.

2. A consular officer may board the vessel as soon as the vessel is allowed to communicate freely with the shore, and the captain, other members of the ship's crew and passengers may communicate with the consular officer.

3. A consular officer may exercise the right to control and inspect a vessel of the sending State and its crew. For this purpose, he may also visit the ship, receive a visit from the captain and other crew members of this vessel.

4. A consular officer has the right to seek assistance from the competent authorities of the receiving State in any matters related to the performance of his functions in relation to a vessel of the sending State, the captain, other crew members and passengers of that vessel.

 Article 45

1. A consular officer has the right in respect of a vessel of the sending State: a) without prejudice to the rights of the authorities of the receiving State to investigate any incidents that occurred en route and while the vessel was parked in ports, to question the captain and other crew members of the vessel, to check ship's documents, to accept statements regarding the navigation of the vessel, its cargo and destination, as well as to facilitate the entry, exit and stay of the vessel in port; (b) Resolve any disputes between the captain and other crew members, including disputes concerning the contract of employment and wages; (c) Take measures for hospital treatment and repatriation of the captain and other crew members; (d) Prepare, accept, register or certify declarations or other documents relating to the ship provided for by law. of the represented State; f) perform any other actions provided for by the legislation of the sending State on maritime matters, provided that they do not contradict the laws and other provisions of the receiving State.

 Article 46

1. The courts and other competent authorities of the receiving State may not exercise their jurisdiction over crimes committed on board a vessel of the sending State, with the exception of: (a) crimes committed by a national or against a citizen of the receiving State or by any other person or against a person who is not a member of the ship's crew; (b) crimes committed by violating public order, security of the port or territorial or internal waters of the host State; (c) Crimes that violate the laws or other provisions of the receiving State concerning sanitary requirements, safety of life at sea, immigration, customs regulations, marine pollution or illegal transportation of drugs and weapons; (d) Crimes that entail, according to the legislation of the receiving State, a penalty of at least five years' imprisonment or a more severe penalty.

2. In other cases, the above-mentioned authorities may act only at the request or with the permission of a consular official.

 Article 47

1. If the courts or other competent authorities of the receiving State intend to take any coercive measures, seize property or initiate any investigation on board a vessel of the sending State, these authorities will notify the consular officer in advance so that he or his representative can be present during the implementation of such actions. If it is not possible to notify the consular officer in advance, the competent authorities of the receiving State shall do so immediately, but not later than at the time when the specified actions are to be initiated. If, for any reason, the consular officer was not present, the competent authorities of the receiving State will provide him with full information on what took place upon his request. The competent authorities of the receiving State shall facilitate the consular officer's contact with and communication with the detained or arrested person, as well as the adoption of appropriate measures to protect the interests of such person.

2. The provisions of paragraph 1 of this article shall also apply if the captain or other members of the ship's crew are to be questioned ashore by the authorities of the receiving State.

3. The provisions of this article do not apply, however, to routine border, customs and sanitary control, as well as to any actions taken at the request or with the consent of the ship's captain.

 Article 48

If a crew member who is not a national of the receiving State has left the vessel of the sending State without the permission of the captain, the competent authorities of the receiving State will, at the request of the consular officer, assist in the search for such a person.

 Article 49

1. If a vessel of the sending State is shipwrecked, runs aground or is beached or suffers any other accident, or if any item forming part of the cargo of the wrecked vessel is found on or near the coast of the receiving State or delivered to a port of that State, the competent authorities of the receiving State shall, as soon as possible, put the consular officer is informed about this.

2. In the cases specified in paragraph 1 of this article, the competent authorities of the receiving State will take all necessary measures to organize the rescue and protection of the vessel, passengers, crew, equipment of the vessel, cargo, supplies and other items on board. This also applies to items that are part of the vessel or its cargo that are outside the vessel. The competent authorities of the receiving State shall notify the consular officer of any measures taken as soon as possible.

3. A consular officer may provide all possible assistance to the ship in an accident, its crew members and passengers. To this end, it may seek assistance from the competent authorities of the receiving State. The consular officer may take the measures referred to in paragraph 2 of this article, as well as measures to repair the vessel, or may request the competent authorities of the receiving State to take or continue to take such measures.

4. If an injured vessel of the sending State or any object belonging to such vessel has been found on or near the coast of the receiving State or has been delivered to a port of that State and neither the captain of the vessel, nor the owner, nor his agent, nor the relevant insurer is able to take measures to preserve or dispose of such vessel or object., the consular officer is authorized to take such measures on behalf of the owner of the vessel as the owner himself could take for such purposes. The provisions of this paragraph shall apply accordingly to any item forming part of the cargo of such a vessel.

5. If any item forming part of the cargo of a shipwrecked vessel of the receiving State or a third State is the property of a citizen of the represented State and is found on or near the shore of the receiving State or delivered to a port of that State and neither the captain, nor the owner, nor his agent, nor the relevant insurer is able to take measures to preserve or dispose of In this case, the consular officer is authorized to take such measures on behalf of the owner as the owner himself could take for such purposes.

 Article 50

The provisions of articles 44 to 49 of this Convention shall also apply to aircraft, provided that their application does not conflict with the provisions of bilateral or multilateral agreements in the field of civil aviation in force between the Contracting Parties.

 Article 51

1. The provisions of this Convention shall also apply, to the extent the context requires, in cases where consular functions are performed by a diplomatic mission.

2. The names of the employees of the diplomatic mission who are assigned to the consular department or who are otherwise entrusted with the consular functions of the mission shall be communicated to the Ministry of Foreign Affairs of the receiving State or to the body designated by this Ministry.

3. When performing consular functions, the diplomatic mission may apply: a) to the local authorities of the consular district; b) to the central authorities of the receiving State.

4. The privileges and immunities of employees of a diplomatic mission referred to in paragraph 2 of this article shall continue to be governed by the norms of international law relating to diplomatic relations.

 Section V Final provisions

 Article 52

1. This Convention is subject to ratification and will enter into force on the thirtieth day after the exchange of instruments of ratification, which will take place in ...............................

2. This Convention shall be concluded for an indefinite period and shall remain in force until the expiration of six months from the date on which one of the Contracting Parties notifies the other Contracting Party in writing of its intention to terminate this Convention. In witness whereof, the Plenipotentiaries of the Contracting Parties have signed this Convention and sealed it. Done in Warsaw on November 27, 1997, in two copies, each in the Kazakh and Polish languages, both texts being equally authentic.

On behalf of On behalf of the REPUBLIC OF KAZAKHSTAN, THE REPUBLIC OF POLAND

If the Polish side agrees to make these changes, the Ministry of Foreign Affairs of the Republic of Kazakhstan proposes to consider its note N I-13/8076 dated 06/14/2004 and the reply note of the Ministry of Foreign Affairs of the Republic of Poland as integral parts of the Consular Convention between the Republic of Kazakhstan and the Republic of Poland dated November 27, 1997. The Ministry of Foreign Affairs of the Republic of Kazakhstan takes this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Poland the assurances of its high esteem.

Astana, August 18, 2004

I hereby certify the accuracy of this copy of the note of the Ministry of Foreign Affairs of the Republic of Kazakhstan 13-11656/10567 dated August 18, 2004.

Head of the International Treaties Department International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

13/234 Ministry of Foreign Affairs of the Republic Kazakhstan pays its respects to the Ministry of Foreign Affairs of the Republic Poland and, in order to eliminate the inauthenticity of the texts of the Consular Convention between the Republic of Kazakhstan and the Republic of Poland dated November 27, 1997 in Kazakh and Polish languages, and also in accordance with article 31 of the Vienna Convention on Diplomatic Relations of 04/18/02, has the honor to invite the Polish side to amend the text of this Convention in the Kazakh language, setting out subparagraph (c) of paragraph 3 of Article 20 of the Convention as follows: "Osy baptyn 1 zhane 2-tarmaktaryn yerezesi: c) jaeger consuldyk mekemen kyzmetkeri tek ozine okildik bergen memleketi atynan consuldyk maksattar ushin ielik etpese, consuldyk mekeme ornalaskan memleket aumagyndagy kogalmaytyn zhekemenshiktik mulikke, sonday-ak consuldyk mekemen kyzmetkeri murager, osiyetti oryndaushi, baskarushi nemese zheke tulga sypatynda muragerlik isteri zhurgizushi retinde atkaratyn muragerlik isterge katysty azamattyk talaptarga koldanylmaydy",

MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF POLAND, Warsaw

President

Republic of Kazakhstan

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