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Procedure for Appointment of Head of Consulate

1. Prior to the appointment of the head of a consulate, the send­ing State shall obtain the approval of the receiving State to such an appointment through diplomatic channels.

2. After the approval is ob­tained, the diplomatic mission of the sending State shall transmit to the foreign' affairs ministry of the receiving State a consular commission or another docu­ment about the appointment of the head of a consulate. The com­mission or another document shall contain the full name of the head of the consulate, his citizenship, his rank, the consular district assigned to him, and the seat of the consulate.

3.After the presentation of the commission or another document about the appoint­ment of the head of the consu­late the receiving State shall give him within the shortest possible time and free of charge an ex­equatur or other authorization.

4,The head of the consulate may enter upon the exercise of his duties after the receiving State issues him an exequatur or other authorization.

Порядок назначения главы консульства

До назначения главы кон­сульства представляемое государство испрашивает дипломатическим путём согласие государства пребывания на такое назначение.

После того, как получено такое согласие, дипломатическое, представительство представляемого

государства направляет министерству иностранных дел государства пребывания консульский патент или другой документ о назначении главы консульства. В патенте или другом документе указывается полное имя и фамилия главы консульства, его гражданство, ранг, консульский округ, и котором он будет исполнять свои обязанности, и местонахождение консульства.

3. По представлении патента ил другого документа о назначении главы консульства государство пребывания выдает ему в возможно короткий срок и бесплатно экзе­кватуру или иное разрешение.

4. Глава консульства может приступить к исполнению своих обязанностей после того, как государство пребывания выдаст ему экзекватуру или другое разрешении

XIII. Precis the following text in about one-third of its size.

Commissions may be granted to the following classes of consular of­ficers: consul-general, consul, vice-consul and consular agent. The rela­tionship among consular titles, diplomatic ranks and foreign service officer classes may be indicated as follows:

Occasionally, other titles, such as consul-general at large, vice-con­sul general, deputy consul-general, deputy consul, emissary, commer­cial agent, adjunct consul, private consul, consular functionary, junior vice consul and consular attache, have been used by various countries at Different times.

The rank of a consular agent must be given a separate treatment. Some treaties omit this classification altogether. Even where consular agents are classified as consular officers, they in effect form a class of their own and are more akin to honorary consuls than career consuls in respect of profession, training, functions, remuneration, jurisdiction, nationality and mode of appointment. Thus, on the whole, consular agents are per­mitted to engage in other occupations for gain in the receiving state, to have no previous consular training, to perform only certain types of consular duties, to receive fees for their services in lieu of salaries and to be nationals of whatever country. Moreover, they are usually under the direct jurisdiction of the superintending consular post and are appointed by the head of the foreign office rather than the head of state.

According to French usage, the term "consular agents" is synony­mous with "honorary consuls." In recent French consular treaties, how­ever, a slight distinction is made between a consular agent and an honor­ary consul: while the former is appointed with the consent of the receiv­ing state by the superintending consular officer who will issue his certifi­cate of appointment, no comparable provision exists with respect to the letter's appointment. In either case, he may engage in other occupations for gain in the receiving state and may be a national of the sending state, the receiving state, or a third state.

The United States practice may be briefly described. Consular agents and acting consular agents are appointed by the Secretary of State upon the recommendation of the supervisory post to assist the post having territorial jurisdiction (the supervisory post) in the performance of limi­ted consular services which are defined and authorized by certain statutes and regulations. They are under the direct supervision of the principal

consular officer in the district in which they are located. Consular agents (or acting consular agents) are appointed for specific duties at specific locations and are not transferable.

While preference should be given to qualified American citizens, in their absence, non-citizens may also be appointed as consular agents or acting consular agents. They are in turn classified into three categories, based upon the importance of their services, the volume of work and salaries received .Their receipt of set salaries renders antiquated the defi­nition that consular agents are unsalaried officers who receive fees for services.

A basic difference exists between career consuls and non-career, honorary consuls. In general, career consuls (also called consules missi, consuls de carriere, salaried consuls and professional consuls) are public officials and nationals of the sending state and are not engaged in private business of any kind. Honorary consuls (also called consules etecti, consuls marchands, non-career consuls, unsalaried consuls) on the other hand, are permitted to engage in gainful employment in addition to their consular duties and are selected locally from residents of the receiving stale, whether nationals of the receiving, sending, or a third state.

XIV. Speak on the lexical and stylistic peculiarities of consular commissions and exequaturs.