The States Parties to the present Convention, hereinafter referred to as “the Parties”, For the purpose of further developing consular cooperation, striving, in the interests of their own nationals, to improve the system for protection of their legitimate rights and interests within the territories of third countries, Aiming to develop the provisions of the Vienna Convention on Consular Relations dated 24 April 1963, as well as of relevant bilateral conventions, Reaffirming that the norms of international law, multilateral and bilateral international treaties shall be applied to the issues not stipulated by this Convention, have decided to conclude the present Convention and have agreed as follows:
The Parties shall promote comprehensive cooperation of consular services in various spheres of consular activities and shall exchange their work experience through regular meetings and consultations, organization of seminars, exchange of trainees and establishment of various types of connections between themselves.
The Parties, by mutual agreement in each specific case, shall render each other mutual assistance regarding protection of the rights and interests of nationals of the Parties in third States, by the latter’s consent, in cases where one of the Parties has no diplomatic representations and consular offices in such States.
This assistance shall be rendered within the scope of competence of diplomatic representations and consular offices, by means of informing the nearest diplomatic representation, and shall concern:
- accidents or deaths among nationals of the Parties, of which the respective Party shall be notified within two working days of receiving such information;
- rendering of assistance, wherever possible, to the nationals who have suffered from emergencies or natural disasters. The Party concerned shall be notified of the national affected and, where possible, of his/her health condition immediately, within 24 hours of receiving the relevant information from the Party providing support and/or assistance (Annex 1);
- rendering of assistance in the search of missing persons with subsequent transmission of obtained information to the Party concerned, whose nationals they are;
- informing and, where possible, providing the Party with assistance, including in legal matters, should any problem arise regarding the vessel sailing under the flag of any Party to the Convention;
- obtaining information about the nationals of the Parties who have been detained or arrested within the state of residence, and informing the Party concerned, whose nationals they are (Annex 2);
- obtaining information on rendering medical and legal assistance within the state of residence by submitting data about relevant specialists;
- requesting and transmitting documents necessary for protection of social, legal, inheritance, property and other legitimate interests of nationals;
- taking necessary measures to ensure that nationals of the Parties are legally assisted in courts and other state bodies, in compliance with the laws of the state of residence;
- studying consular issues arising in the state of residence and related common information.
Consular fees for the activities conducted by one Party to protect the rights and interests of nationals of other Parties in the state of residence shall be collected at the rate of consular fees of the first Party to repay its expenses incurred in carrying out the mentioned activities.
Financial assistance, repatriation, and other possible costs arising from rendering assistance in accordance with Article 2 of this Convention shall be covered at the expense of the country of nationality of the person affected.
This provision may only be applied by the Parties’ preliminary agreement on the provision of one or several abovementioned services.
The Parties shall inform each other about attempts to use forged passports and visas and to falsify other documents by nationals of the States of the Parties.
The issues relating to protection of rights and interests of nationals of the Parties shall be settled through diplomatic channels, by mutual consent in each specific case, based on the possibilities and competence of diplomatic representations and consular offices of the Parties.
Personal data protection and processing under the present Convention shall be carried out in compliance with the national laws of the Parties and the international treaties to which all of the Parties to this Convention are parties.
The Parties shall exchange through diplomatic channels the lists of their diplomatic representations and consular offices in third countries, as well as their areas of responsibility, and shall further inform each other about their opening or closing.
In case of amending the lists, respective information shall be sent to the Parties during the last month of the calendar year.
The present Convention is without prejudice to the obligations of the Parties under other international treaties to which they are parties.
The present Convention may be amended and supplemented by mutual consent of the Parties. Amendments and supplements shall be drawn up in the form of separate protocols, which shall form an integral part of the present Convention and shall enter into force in accordance with Article 11 of the present Convention.
The present Convention shall enter into force on the date of deposit of the fourth notification confirming the completion by the States Parties of their internal procedures necessary for the entry into force of the present Convention.
By the entry into force of the present Convention, Convention of GUAM Member States on Mutual Rendering of Assistance in Consular Matters dated 7 June 2001 shall become terminated.
The present Convention shall be open for accession by other States that became members of the Organization for Democracy and Economic Development – GUAM and share the objectives and principles of the Convention.
The accession to the present Convention shall be effected by deposit of the instrument of accession with the depositary. For the acceding Party the Convention shall enter into force on the date of receipt by the depositary of the instrument of accession.
Each Party may withdraw from this Convention by written notification addressed to the depositary through diplomatic channels, informing about its decision to denounce this Convention. For that Party, the Convention shall cease to have effect in three months after the date of receipt of the relevant notification by the depositary.
Done in New York on 20 September 2022, in a single original, in English and Russian, all texts being equally authentic. The Secretariat of the Organization for Democracy and Economic Development – GUAM shall act as a depositary of the present Convention and shall send its certified copy to the Contracting Parties.