Law of Georgia on Consular Activities

LAW OF GEORGIA

 

ON CONSULAR ACTIVITIES

 

Chapter I

General Provisions

 

Article 1 - Scope of the Law

This Law defines legal grounds for consular activities, the legal status, and scopes of powers and duties of consular offices of Georgia, consular officials and consular officers of Georgia, mechanisms for coordinating their activities, the functions of consular officials and legal grounds for performing these functions.

 

Article 2 - Legal grounds for consular activities

1. The legal grounds for consular activities are the Constitution of Georgia, treaties and international agreements of Georgia, universally recognised principles and norms of international law, customary international law, this Law and other normative acts of Georgia.

2. When carrying out consular activities, consular officials shall be obliged to respect the legislation, customs, and traditions of the host states.

 

Article 3 - Definition of terms

The terms used in this Law have the following meanings:

a) consular activities - performance of consular functions by consular officials in consular offices of Georgia or in diplomatic missions of Georgia abroad;

b) consular officials - diplomatic officials defined by the Law of Georgia on the Diplomatic Service, who perform consular functions according to the legislation of Georgia; Honorary Consuls of Georgia;

c) consular officers - persons appointed or employed on a contract basis to non-diplomatic positions at consular offices of Georgia or at diplomatic missions of Georgia abroad, who provide administrative technical services to consular officials;

d) consular offices of Georgia ('consular offices') - subdivisions of the Ministry for Foreign Affairs of Georgia ('the Ministry') abroad, which represent Georgia in relationships with host states and in diplomatic relationships with countries where Georgia has no diplomatic missions;

e) consular districts - territories allocated for consular offices in host states for performing consular functions;

f) consular departments - structural subdivisions of the Ministry, which submit to the management of the Ministry proposals for development and planning of consular policy, monitor consular activities carried out abroad by diplomatic missions and consular offices of Georgia, coordinate the work of consular officials, issue directives and methodological instructions in order that consular activities are implemented;

g) natural persons of Georgia - citizens of Georgia, stateless persons having a status in Georgia, persons holding neutral ID cards or neutral travel documents;

h) consular functions - actions that are within the power of consular officials to implement according to the Vienna Convention on Consular Relations of 24 April 1963 and the legislation of Georgia;

i) consular fee - an amount of money defined by the Law of Georgia on Consular Fees, which is payable for performing consular functions and/or providing consular services.

Law of Georgia No 2377 of 2 May 2014 - website, 16.5.2014

 

Article 4 - Implementation of consular activities

1. Consular offices and diplomatic missions of Georgia abroad are agencies carrying out consular activities within their consular districts.

2. Georgian Interests Sections set up within diplomatic missions of third states also may carry out consular activities when in the cases determined by the Law of Georgia on Diplomatic Service.

3. When consular activities at diplomatic missions of Georgia abroad or at Georgian Interests Sections are carried out by two or more consular officials, and if it is expedient to ensure coordination between consular officials and consular officers, a consular service may be established by an order of the Minister for Foreign Affairs of Georgia (‘the Minister’).

4. Consular offices shall be headed by consular officials of diplomatic missions or Georgian Interests Sections, except when headed by consuls-general.

5. When there is no diplomatic mission and consular office of Georgia in another state, consular activities may be carried out by a consular department or by a diplomatic mission of Georgia in a third state through a consular official, or by a consular office based on the decision of the Minister and with the consent of the host state.

6. When necessary, consular activities in diplomatic missions or consular offices of Georgia in another state may also be carried out by consular department officers sent for temporary missions or by consular officials stationed in another diplomatic mission or consular office of Georgia abroad.

 

Article 5 - General procedure for performing consular functions

1. Consular officials shall in the host country protect the rights and legal interests of natural and legal persons registered in Georgia ('Legal Persons of Georgia'), as well as the state interests of Georgia.

2. The protection of rights and legal interests of natural persons of Georgia shall be carried out through consular services and consular assistance.

3. While providing consular services, consular officials shall protect the rights and legal interests of natural persons of Georgia legally staying in consular districts, using every legal mechanism at their disposal, according to the legislation of Georgia, the legislation of the host state, and treaties and international agreements of Georgia.

4. Consular assistance shall be provided to natural persons illegally staying in consular districts, whose rights and legal interests are protected to the extent possible under the legislation of the host state, within obligations provided for in treaties and international agreements of Georgia, and considering universally recognised principles of human rights and freedoms.

5. Main consular functions towards foreign citizens and stateless persons shall be performed in the cases and through procedures defined by the Minister. Delegated consular functions shall be performed according to Article 25 of this Law.

6. If despite measures taken violated rights of natural and legal persons of Georgia are not restored, consular officials shall inform the heads of diplomatic missions and consular departments of Georgia in the host states.

7. When carrying out consular functions, consular officials and consular officers shall protect the interests of Georgia and shall take care of improving the image of Georgia.

8. Consular officials, if required, may address for assistance in legal matters lawyers licensed according to procedures defined by the host state.

9. When implementing consular activities, consular officials shall consider restrictions under the legislation of the host state and the legislation in consular districts, as well as under the Vienna Convention on Consular Relations of 24 April 1963 and/or other international bilateral agreements, if such agreements exist between Georgia and the host state.

10. When implementing consular functions in relations with bodies of consular districts, consular officials shall follow the practices established in the host states and shall respect their customs and traditions.

11. Actions of consular officials may be appealed under the procedure determined by the legislation of Georgia.

 

Chapter II

Consular Offices

 

Article 6 - Consular offices

1. Consular offices are:

a) consulate-general of Georgia

b) consulate of Georgia

c) vice-consulate of Georgia

d) consular agency of Georgia.

2. Consular offices shall be established by order of the Minister with the consent of the host states.

3. The Minister shall approve the procedure for establishing consular offices and typical regulations.

 

Article 7 - Heads of consular offices

A consulate-general of Georgia shall be headed by a consul-general, a consulate of Georgia - by a consul, a vice-consulate of Georgia - by a vice-consul, and a consular agency of Georgia - by a consular agent.

 

Chapter III

Consular Officials

 

Article 8 - Appointment and dismissal of consular officials

1. Persons who meet the requirements determined under the Law of Georgia on Diplomatic Service for assigning diplomatic officials by rotation to missions and who have taken a special training programme organised by the Legal Entity under Public Law - the Georgian Foreign Ministry's Diplomatic Training Centre named after Levan Mikeladze and who hold appropriate certificates may be appointed consular officials.

2. The general grounds and procedures for appointing and dismissing consular officials shall be determined by this Law, the Law of Georgia on Diplomatic Service and an appropriate order of the Minister.

3. The provision of Article 1 of this Law requiring persons to take a special training programme shall not apply to high diplomatic officials and high ranking diplomats.

 

4. Heads of consular offices shall upon appointment receive letters of attorney - consular commissions - from the Ministry.

5. Heads of consular offices shall start fulfilment of consular functions after they have received the consent - exequatur - from the host states.

6. When required and with the consent of the host states, heads of consular offices may be sent to perform their consular functions before they receive exequaturs.

Law of Georgia No 2377 of 2 May 2014 - website, 16.5.2014

 

Article 9 – Appointment of acting consular officials

1. Based on a decision of the Minister, the duties of consular officials in their absence shall be temporarily fulfilled by officials provided in the staff list of diplomatic missions or consular offices of Georgia abroad, including by heads of diplomatic missions.

2. If more than one consular official is appointed in a diplomatic mission of Georgia abroad, in the absence of one of them, the other consular official shall temporarily fulfill his/her duties. If there is no other consular official, the Minister may decide to limit some consular functions.

3. When it is unreasonable to limit consular functions in the case defined in the second paragraph of this article diplomatic officials of consular departments may be temporarily sent to perform consular functions.

4. In the absence of a head of consular office, the highest ranking official of the consular office shall be assigned to temporarily fulfil his/her duties by a decision of the Minister. If there are two or more such officials, the head of the consular office shall nominate one of them for the appointment.

 

Article 10 - Coordination of activities of consular officials and consular officers

1. Heads of consular offices shall coordinate activities of other consular officials and consular officers.

2. Heads of consular offices of diplomatic missions of Georgia abroad shall coordinate activities of other consular officials and consular officers in consular offices.

3. In diplomatic missions of Georgia abroad or in Georgian Interests Sections, where there are no consular offices and consular activities are carried out by two or more consular officials or consular officers, their activities shall be coordinated by the highest ranking consular official whose instructions and assignments shall be mandatory to be performed by other consular officials and consular officers.

4. Consular officials shall be subordinate to the Ministry and the Consular Department when carrying out consular activities.

 

Chapter IV

Consular Functions

 

Article 11 - Consular functions

1. Consular functions include a set of legal mechanisms at the disposal of consular officials, and the authority of implementation of such legal mechanisms shall be determined by the legislation of Georgia, shall be allowed by the legislation of the host states, and shall be feasible in accordance with treaties and international agreements of Georgia.

2. Consular functions are divided into main and delegated consular functions.

3. Main consular functions are:

a) provision of consultations

b) legal protection

c) mediation

d) promotion of cooperation in the spheres of commerce, economy, culture, science, transportation, tourism and law within the consular district

e) traveling around consular districts

f) joint monitoring of the fulfilment of treaties and international agreements in the consular sphere

g) consular legalisation

h) issuing Georgian visas

i) issuing certificates for returning to Georgia

j) maintaining consular register

k) providing administrative assistance to administrative bodies of Georgia

l) performing notary actions

m) providing consular services for maritime, air, motor and railway transport facilities.

4. Delegated consular functions are:

a) issues related to Georgian citizenship and migration

b) issues related to the registration of citizens of Georgia and issuing identification documents

c) issues related to the registration of civil status acts

d) other functions determined by joint order of the Minister and the Minister for Justice of Georgia.

Law of Georgia No 2481 of 29 May 2014 - website, 29.5.2014

 

Chapter V

Main Consular Functions

 

Article 12 - Provision of consultations

1. Consular officials, upon request, shall provide natural or legal persons of Georgia with information on legislation of host states, social protection, medical aid, labour and migration issues, and legal grounds for staying in host states.

2. Consular officials shall provide natural and legal persons of Georgia with relevant information on the location of lawyer's offices, Georgian language interpreters, Georgian schools, Georgian communities and churches, and give advice on customs, traditions, security and other necessary issues of host states.

 

Article 13 - Legal protection

1. Legal protection implies measures carried out by consular officials within the scope of their power in various legal relationships.

2. Legal protection of natural and legal persons of Georgia may be carried out during relationships with law enforcement agencies, administrative bodies, and private law entities of host states.

3. Consular officials shall be authorised to represent the legal interests of natural and legal persons of Georgia, without any power of attorney, before representatives responsible for the protection of the rights and legal interests of natural and legal persons of Georgia in relationships with state bodies and private law entities of the host states are determined. Legal protection shall not imply direct representation in trial proceedings or in investigative processes.

4. When acting as representatives in relations with law enforcement agencies and judiciary bodies of host states consular officials shall be obliged to ensure that accused persons are provided with representatives and the service of interpreters, if required.

5. Consular officials shall be obliged to meet natural persons of Georgia being held in penitentiary establishments or deportation camps (immigration centres) either on their request or on their own initiative and personally be sure that the state and placement conditions of the detainees conform with the norms provided for in the legislation of the host state and with international standards.

6. Legal protection of natural and legal persons of Georgia may be in the form of supporting the enjoyment of their rights in the host state. To support the enjoyment of rights, consular officials shall issue various certificates, confirm that documents are issued by administrative bodies of Georgia, perform and check translations of documents and request documents and information.

6¹. The procedure for issuing certificates of conviction for citizens of Georgia and stateless persons having status in Georgia while abroad shall be determined by ordinance of the Government of Georgia.

7. Consular officials shall ensure the legal protection of natural persons of Georgia when they need to be assigned guardians or caretakers.

8. Within the scope of legal protection, consular officials shall implement measures for protecting the property of deceased citizens of Georgia. Consular officials shall also settle organisational issues related to the transportation of deceased citizens of Georgia.

9. Legal protection of natural and legal persons of Georgia shall also be provided during crisis situations in host states which may be related to natural and manmade disasters, martial law or states of emergency, and complications of sanitary, phytosanitary or veterinarian situations.

Law of Georgia No 2377 of 2 May 2014 - website, 16.5.2014

 

Article 14 – Mediation

Consular officials, based on applications of natural persons of Georgia and within the legislation of the host state shall mediate between natural persons of Georgia and administrative bodies of the host state when a violation of rights is discovered.

 

Article 15 - Promotion of cooperation in the spheres of commerce, economy, culture, science, transportation, tourism, and law within the consular district

1. Consular officials shall cooperate with the host states within their consular districts to intensify relationships in the spheres of commerce, economy, culture, science, transportation, tourism, and law.

2. Consular officials shall promote closer relations, including establishment and improvement of friendly relations, between host states and citizens of Georgia in the fields mentioned in the first paragraph of this article.

3. Consular officials shall support conduct of various cultural/educational events in host states and Georgia.

 

Article 16 – Traveling around consular districts

1. Consular officials are obliged to travel around their consular districts, if necessary.

2. Heads of consular offices shall decide to travel around the consular districts, if necessary, and other consular officials shall apply in writing to the heads of diplomatic missions/consular offices of Georgia abroad and the Consular Departments.

2¹. Consular Departments shall be authorised to recommend consular officials on traveling around consular districts.

3. Traveling around consular districts shall imply visiting places of settlements of natural persons of Georgia within consular districts, studying their problems, providing them with topical information at the disposal of the consular officials and providing certain assistance on-site if possible.

Law of Georgia No 2377 of 2 May 2014 - website, 16.5.2014

 

Article 17 - Joint monitoring of fulfilment of treaties and international agreements in the consular sphere

Consular officials shall be obliged to jointly monitor the performance of obligations under multilateral international agreements in the consular sphere, bilateral agreements between Georgia and host states, and the international agreements of Georgia.

 

Article 18 - Consular legalisation

1. Consular officials shall carry out consular legalisation of the documents and acts that were drawn up by the state government bodies of the consular district or certified by a diplomatic mission or a consular office of a third state accredited in the host state to use such documents and acts in the territory of Georgia.

2. The procedure for consular legalisation shall be determined by order of the Minister.

 

Article 19 - Issuing Georgian visas

1. Consular officials shall issue permits (Georgian visas) for entering, staying in or crossing the territory of Georgia by transit.

2. The procedure for issuing, extending, and terminating Georgian visas shall be determined by the legislation of Georgia.

 

Article 20 - Issuing certificates for returning to Georgia

1. Consular officials shall issue certificates for returning to Georgia in the cases provided for in the legislation of Georgia.

2. The regulation on certificates for returning to Georgia shall be approved by ordinance of the Government of Georgia.

Law of Georgia No 1052 of 6 September 2013 - website, 23.9.2013

 

Article 21 – Consular registration

1. Consular officials shall conduct consular registration of natural persons of Georgia staying within their consular districts.

2. The procedure for consular registration shall be determined by an order of the Minister.

 

Article 22 - Provision of administrative assistance to administrative bodies of Georgia

1. Consular officials shall provide administrative bodies of Georgia with administrative assistance for the purpose of cooperating with state bodies of host states.

2. Consular officials shall provide administrative bodies of Georgia with administrative assistance in their relations with natural persons of Georgia abroad.

 

Article 23 – Performance of notary actions

1. Consular officials shall perform the following notary actions:

a) certify/abolish wills;

b) certify /abolish powers of attorney/letters of trust;

c) verify copies of documents and/or extracts from documents, and/or issue copies of documents;

d) verify the genuineness of signatures on documents;

e) verify the accuracy of translations when documents are translated from one language into another;

f) confirm that a person is alive;

g) confirm that a person is at a certain place;

h) confirm that a person is the same as the one in their photo;

i) confirm the time of submission of documents;

j) execute a sea protest.

2. The procedure for performing notary actions by consular officials shall be determined by joint order of the Minister and the Minister for Justice of Georgia.

 

Article 24 - Provision of consular services for maritime, air, motor, and railway transport facilities

1. Consular officials shall be obliged to promote maritime, air, motor, and railway transport facilities of Georgia in host states including in relations with the state bodies of host states, if required.

2. The procedure for performing the duty by consular officials set forth in the first paragraph of this article shall be determined by joint order of the Minister and the respective sectoral Ministers determined in Article 29(4-6) of this Law.

 

Chapter VI

Delegated Consular Functions

 

Article 25 – The procedure and scope of performing delegated consular functions

1. The procedure and scope of performing delegated consular functions shall be determined by joint order of the Minister and the Minister for Justice of Georgia.

2. The amount of a service fee for performing delegated consular functions shall be determined by ordinance of the Government of Georgia.

 

Chapter VII

Honorary Consuls of Georgia

 

Article 26 - Establishing consular offices under Honorary Consuls of Georgia, appointing Honorary Consuls of Georgia and performing consular functions by Honorary Consuls of Georgia

1. The Ministry, with the consent of the host state, may assign Honorary Consuls of Georgia to perform certain consular functions.

2. Establishment of consular offices under Honorary Consuls of Georgia, appointment of Honorary Consuls of Georgia and performance of consular functions by Honorary Consuls of Georgia shall be regulated by the Vienna Convention on Consular Relations of 24 April 1963, international agreements of Georgia, the ordinance of the Government of Georgia on the Approval of the Regulations on Honorary Consuls of Georgia and other normative acts of Georgia.

Law of Georgia No 2377 of 2 May 2014 - website, 16.5.2014

 

Article 27 - Managing the activities of Honorary Consuls of Georgia

Honorary Consuls of Georgia shall be subordinate to the Ministry and shall act according to instructions of diplomatic missions or consular offices of Georgia in the host states. If Georgia has no diplomatic mission or consular office in the host state, the Honorary Consul of Georgia shall act according to instructions of the Ministry.

 

Chapter VII¹

Consular Offices of Foreign States in Georgia

Law of Georgia No 2377 of 2 May 2014 - website, 16.5.2014

 

Article 27¹- Establishing consular offices and appointing consular officers of foreign states in Georgia

The procedure for establishing consular offices and appointing consular officers of foreign states in Georgia shall be determined by ordinance of the Government of Georgia.

Law of Georgia No 2377 of 2 May 2014 - website, 16.5.2014

 

Chapter VIII

Consular Fees

 

Article 28 - Consular fees

1. A consular fee is a sum of money defined by law for performing consular functions and/or providing consular services. A consular fee reflects the political significance and economic value of the relevant consular functions.

2. Consular fees shall be payable according to the legislation of Georgia and international agreements of Georgia, as well as based on the principle of reciprocity.

3. Stateless persons shall pay consular fees in amounts determined for citizens of the country where the stateless persons have permanent places of residence.

4. Types and rates of consular fees shall be determined by law.

Law of Georgia No 2377 of 2 May 2014 - website, 16.5.2014

 

Chapter IX

Transitional and Final Provisions

 

Article 29 - Transitional provisions

1. The Minister shall, within two weeks after this Law enters into force, issue the administrative legal act that shall approve a mandatory special training program for appointing consular officials and shall determine the procedures and conditions for taking the program.

2. The Minister shall issue administrative legal acts before 1 January 2013 that shall determine:

a) the procedure for establishing consular offices, and typical regulations;

b) general procedure for performing consular functions.

3. The Minister and the Minister for Justice of Georgia shall issue joint order before 1 January 2013 that shall determine the procedure for performing notary actions by consular officials.

4. The Minister and the Minister for Economy and Sustainable Development of Georgia shall issue joint order before 1 January 2013 that shall determine the procedures defined in Article 24 of this Law.

5. The Minister and the Minister for Internal Affairs of Georgia shall issue joint order before 1 January 2013 that shall determine the procedures defined in Article 24 of this Law.

6. The Minister and the Minister for Defence of Georgia shall issue joint order before 1 January 2013 that shall determine the procedures defined in Article 24 of this Law.

7. Article 8(1) of this Law shall not apply to persons who at the moment of entering of this Law into force are assigned to missions by rotation until the term of the mission by rotation expires.

 

Article 30 - Final provisions

1. The Law of Georgia on Consular Offices of Georgia of 22 November 1994 (the Official Gazette of the Parliament of Georgia, 1994, No21-22, Art. 438) shall become ineffective immediately after this Law comes into force.

2. This Law shall enter into force upon its promulgation.

 

President of Georgia                                                                    M. Saakashvili

Tbilisi

12 June 2012

No 6438-ES