LETTER OF TRANSMITTAL To the Senate of the United States: THE WHITE HOUSE, September 12, 1974. I am pleased to transmit for the Senate's advice and consent to ratification the Consular Convention between the United States of America and the People's Republic of Bulgaria, with an Agreed Memorandum and a related exchange of letters, signed at Sofia on April 15, 1974. I transmit also, for the information of the Senate, the report of the Department of State with respect to the Convention. The signing of this Convention is a significant step in the gradual process of improving and broadening the relationship between the United States and Bulgaria. Consular relations between the two countries have not previously been subject to formal agreement. This Convention will establish firm obligations on such important matters as free communication between a citizen and his consul, notification to consular officers of the arrest and detention of their citizens, and permission for visits by consuls to citizens who are under detention. I welcome the opportunity through this Consular Convention to strengthen the ties between the United States and Bulgaria. I urge the Senate to give the Convention its prompt and favorable consideration. LETTER OF SUBMITTAL GERALD R. FORD. The PRESIDENT, DEPARTMENT OF STATE, THE PRESIDENT: I have the honor to submit to you the Consular Convention between the United States of America and the People's Republic of Bulgaria, along with an Agreed Memorandum and a related exchange of letters, signed at Sofia on April 15, 1974. I recommend that the Convention, Agreed Memorandum and related letters be transmitted to the Senate for advice and consent to ratification. The Consular Convention with Bulgaria is the most recent in a series of consular conventions signed with various countries in Eastern Europe, including Poland, Hungary, Romania and Czechoslovakia. The Consular Convention should contribute substantially to the growth of both governmental and commercial interaction between the two countries. As a result of the Convention the consuls of the respective countries will be better equipped to aid their citizens in numerous ways and will be authorized to perform a wide variety of consular services in both countries. These services include the issuance of passports and visas, performance of notarial services, representation of nationals in estate matters and the provision of legal and related assistance to nationals in need. A very significant aspect of the Consular Convention relates to the obligation of the receiving State to notify consulates of the sending State in the case of the deprivation or limitation of personal freedom of any national of the sending State. Notification must be made within a maximum period of three days. The authorities of the receiving State are likewise obligated to permit consular officers to visit such a detained national within four days of the date of the detention. The Consular Convention contains other specific rights of consular officers with respect to providing assistance to nationals who are deprived of personal liberty. The provisions of the Consular Convention follow the pattern of bilateral consular conventions now in force with a number of countries. Article 1 of the Convention contains definitions of various terms employed throughout the Convention. Articles 2 through 8 establish the basis for the opening of a consulate and appointment of members of the consulate. Articles 9 through 29 provide for the rights, facilities, privileges and immunities enjoyed by consulates and by individual consular officers and employees in their official and private capacity. Articles 30 through 44 contain provisions specifying the functions of consulates and rights of consular officers in such matters as issuance of travel documents, compilation of statistics regarding civil status, performance of notarial functions, the extension of protective services to detained nationals, representation of interests of nationals in estate matters and rendering assistance to vessels and their crews. Articles 45 through 49 relate to functions of consular officers with respect to vessels and their crews. In addition to the Consular Convention an exchange of letters was signed on April 15 relating to the treatment for consular protection purposes of persons who may be regarded as possessing dual nationality. Under this exchange of letters, the receiving State will guarantee the consular protection rights outlined in Article 38 of the Convention to persons who enter the receiving State on the basis of a valid sending State passport with a valid visa or other document authorizing entry into the receiving State. This guarantee will be extended regardless of whether the individual in question is also regarded as a national of the receiving State. I am confident that the new Consular Convention and exchange of letters will greatly facilitate the relations between the United States and Bulgaria and advance the interests of the nationals of both countries. It is hoped that the Senate will consider and approve the Convention, Agreed Memorandum and related letters at an early date. Respectfully submitted. ROBERT S. INGERSOLL, Enclosures: Convention, agreed memorandum, and related letters. CONSULAR CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE PEOPLE'S REPUBLIC OF BULGARIA The United States of America and the People's Republic of Bulgaria: Desiring to regulate and develop consular relations between the two countries in order to facilitate the protection of thelr national interests and the rights and interests of their nationals; Have decided to conclude this Consular Convention and for this purpose have appointed as their Plenipotentiaries: For the United States of America Martin F. Herz, Ambassador of the United States of America For the People's Republic of Bulgaria Andon Traykov, First Deputy Minister of Foreign Affairs Who, having communicated to each other their respective full powers, which were found in good and due form, have agreed as follows: PART I DEFINITIONS Article 1 For the purposes of the present Convention, the terms listed below shall have the following meanings: (a) "Consulate" means a consulate-general, consulate, vice-consulate, or consular agency; (b) "Consular district" means the area assigned to a consulate for the performance of consular functions; (c) "Head of a consulate" means a person who has been entrusted by the sending State to act in this capacity; (d) Consular officer" means any person, including the head of a consulate, to whom the exercise of consular functions has been entrusted by the sending State; (e) "Consular employee” means any person who performs administrative, technical or service duties at a consulate; (f) "Member of a consulate" means any consular officer or consular employee; (g) "Premises of a consulate" means buildings or parts of buildings, as well as the grounds ancillary thereto, used exclusively for the purposes of a consulate, regardless of ownership; (h) "Consular archives" means all official correspondence, documents, letters, books, films, tapes, records, codes and ciphers, office equipment, as well as filing cabinets and other furniture intended for their safekeeping; (i) "Vessel of the sending State" means any vessel sailing under the flag of the sending State, excluding warships. PART II OPENING OF CONSULATES AND APPOINTMENT OF CONSULAR OFFICES AND CONSULAR EMPLOYEES Opening of Consulates 1. A consulate may be opened on the territory of the receiving State only with the consent of that State. 2. The seat of the consulate, its rank and consular district shall be determined by agreement between the sending and receiving States. Article 3 Appointment of the Head of a Consulate 1. Prior to the appointment of a head of a consulate, the sending State must ascertain through diplomatic channels that the receiving State will recognize the person concerned as head of the consulate. 2. The sending State shall forward through diplomatic channels to the receiving State a consular commission or other similar document for the appointment of a head of a consulate. The consular commission or the other similar document shall contain the name of the head of the consulate, his rank, the consular district in which he will exercise his functions and the seat of the consulate. 3. After the presentation of the consular commission or other similar document for the appointment of a head of a consulate, the receiving State shall issue to him, in the shortest possible period of time, an exequatur or other authorization. 4. The head of a consulate may commence to exercise consular functions after the receiving State issues to him an exequatur or other authorization. 5. The receiving State may grant to the head of a consulate provisional recognition permitting him to exercise consular functions until such time as the exequatur or other authorization has been issued to him. 6. Immediately after granting recognition, even provisional, the competent authorities of the receiving State shall take all necessary measures to enable the head of the consulate to exercise his functions and to enjoy the rights, facilities, privileges and immunities due him under the Convention and the law of the receiving State. Article 4 Exercising Temporarily the Functions of a Head of a Consulate 1. If for some reason the head of a consulate is unable to carry out his functions, or if the position of head of a consulate is vacant, the sending State may entrust a consular officer of the same or of another consulate in the receiving State, or a member of the diplomatic staff of the diplomatic mission in the receiving State, with the temporary exercise of the functions of head of the consulate. The receiving State shall be notified in advance of the name of this person. 2. The person entrusted with the temporary exercise of the functions of a head of a consulate shall enjoy the rights, facilities, privileges and immunities as the head of the consulate as provided by this Convention. 3. Entrusting a member of the diplomatic staff of the diplomatic mission of the sending State with consular functions according to Paragraph 1 of this Article does not limit the privileges and immunities to which he is entitled by virtue of his diplomatic status, subject to the provisions of Article 44 of this Convention Article 5 Notification of the Appointment of Consular Officers and Consular Employees 1. The sending State shall notify the receiving State, in advnace, in writing, of the full name, function and class of each consular officer. 2. The sending State shall also notify the receiving State in writing of: (a) the appointment of members of a consulate, their arrival after their appointment, their final departure or the termination of their functions, as well as all other changes affecting their status which may take place while they are working in the consulate; (b) the arrival and final departure of a member of the family of a member of the consulate who resides with him as part of his household, and also when an individual becomes or ceases to be a member of the family; (c) the employment or dismissal of a person as a member of a consulate who is a national or permanent resident of the receiving State. Article 6 Issuance of an Identity Document The receiving State shall issue to each consular officer an appropriate document certifying his right to perform consular functions in the territory of the receiving State. Article 7 Nationality of Consular Officers A consular officer shall be a national of the sending State and shall not be a national or a permanent resident of the receiving State. Article 8 Declaring as Unacceptable a Head of a Consulate or Other Member of Consulate The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the consulate or other consular officer is persona non grata or that another member of the consulate is unacceptable. In such a case the sending State is obligated to recall such person or terminate his functions in the consulate. If the sending State fails within a reasonable time to carry out its obligation, the receiving State may refuse to recognize the person concerned as a member of the consulate. PART III RIGHTS, FACILITIES, PRIVILEGES AND IMMUNITIES Article 9 Facilities for the Operation of a Consulate The receiving State shall ensure the proper conditions for the normal operation of a consulate and shall take all necessary measures to enable members of the consulate to carry out their duties and enjoy the rights, facilities, privileges and immunities provided by the present Convention and the law of the receiving State. Article 10 Use of the National Flag and Coat-of-arms 1. The coat-of-arms of the sending State, along with the inscription of the consulate in the language of the sending and of the receiving States may be placed on the consular premises. 2. The flag of the sending State may be flown at the consular premises and at the residence of the head of a consulate. 3. The flag of the sending State may be flown on the official means of transport of the head of a consulate. 4. In exercising the rights stipulated by this Article the law and customs of the receiving State shall be observed. Article 11 Acquiring Consular Premises and Residences 1. The sending State shall have the right, in the territory of the receiving State, in accordance with the law of the receiving State, to acquire, own, lease for any period of time, construct and improve, or otherwise hold and occupy such grounds, buildings and appurtenances as may be necessary and appropriate for consular purposes, including residences for consular officers and consular employees who are not nationals or permanent residents of the receiving State. 2. The receiving State shall render all necessary assistance to the sending State with a view to facilitating the acquisition of grounds, buildings or parts of buildings for the purposes mentioned in paragraph 1 of this Article. 3. The provisions of paragraph 1 of this Article do not exempt the sending State from the obligation to observe the law of the receiving State relating to construction and zoning applicable to the region in which the respective grounds, buildings or parts of buildings are located. Article 12 Inviolability of the Consular Premises and of the Residence of the Head of a Consulate 1. The consular premises shall be inviolable. The authorities of the receiving. State may not enter the consular premises without the consent of the head of the consulate, the chief of the diplomatic mission of the sending State, or of a person designated by one of them. The receiving State shall take the necessary measures to ensure the protection of the consular premises. 2. The provisions of paragraph 1 of this Article shall also apply to the residence of the head of a consulate. Article 13 Inviolability of the Consular Archives The consular archives shall be inviolable at all times and regardless of the place where they are located. Article 14 Freedom of Communication 1. A consulate shall be entitled to exchange communications with its government, with the diplomatic missions and with other consulates of the sending State, wherever they may be. For this purpose the consulate may employ all ordinary means of communication, ciphers, diplomatic or consular couriers, diplomatic or consular bags. With respect to public means of communication the same tariffs and conditions shall be applied in the case of a consulate as are applied in the case of a consulate as are applied in the case of the diplomatic mission. A consulate may install and use a radio transmitter only with the consent of the receiving State. 2. The official correspondence of a consulate, regardless of the means of communication employed, as well as sealed consular pouches, bags and other containers, provided they bear visible external marks of their official character, shall be inviolable. They may contain nothing other than official correspondence or articles intended ***. 3. The official correspondence of a consulate, including consular pouches, bags or other containers, as described in paragraph 2 of this Article, shall neither be opened nor detained. Nevertheless, if the competent authorities of the receiving State have serious reason to believe that such pouch, bag or other container contains articles other than official correspondence or documents and articles intended exclusively for official use, they may request that such pouch, bag or other container be returned to its place of origin. 4. Consular couriers of the sending State shall enjoy on the territory of the receiving State the same rights, privileges and immunities enjoyed by diplomatic couriers. 5. The master of a vessel or the captain of a civil aircraft of the sending State may also be charged with the conveyance of a consular bag. The master or captain shall be provided with an official document indicating the number of containers forming the consular bag entrusted to him; he shall not, however, be considered to be a consular courier. By arrangement with the appropriate authorities of the receiving State, the consulate may send a member of the consulate to take posses-sion of the consular bag directly and freely from the master of the vessel or captain of the aircraft or to deliver such bag to him. Article 15 Respect of the Person of Members of a Consulate and the Members of their Families The receiving State shall be obliged to treat the members of the consulate and the members of their families residing with them as part of their households with due respect and to take all appropriate measures to prevent any encroachment upon their person, freedom or dignity. |