Honorary Consuls – Rights and Duties
According to the
Vienna Convention and the Regulations for Peruvian Consular Missions
PROCESS:
The Consulate General
sends a request to the General Directorate for Consular Affairs. The
request must include the applicant’s CV and a letter expessing his/her
interest in covering the position.
POSTING:
Through a Supreme
Decision issued by the President. An Honorary Consul can be either a Peruvian
national or a person of another nationality.
DUTIES:
1. The duties will be
performed under de supervision of the Consulate General of Peru in London.
2. Opening of an office or
an area within the applicant’s usual business in which to receive Peruvian
nationals. The Peruvian flag and National Seal must be displayed in an
appropiate, visible place. The Honorary Consul and/or his/her staff must be
able to serve Peruvian nationals in Spanish.
3. Processes to be covered:
Civil Registers (Births, Marriages, Deaths); Peruvian IDs.
4. Collection of fees (an
account for this exclusive use has to be opened
5. Accounts: To be
presented to the Consulate General in London
6. Assistance to Peruvian
nationals in case of emergencies (hospitalisation, prison, etc.)
7. The consular premises
shall not be used in any manner incompatible with the exercise of consular
functions. All those areas that are used for other means will not be considered
as part of the consular premises.
8. Even when provided with
privileges and immunities, Honorary Consuls must respect the regulations, laws
and customs of the receiving State (the United Kingdom). They also have a duty
not to interfere in British internal affairs
RIGHTS:
1. The Consulate General
will provide training to the Honorary Consul and/or his/her staff in regards
with processes and accounts.
2. Provision of consular
goods through diplomatic customs franchise: Peruvian coat of arms, flags,
nameplate, consular stamps, seals.
3. Budget: If approved by
the General Directorate, the Honorary Consulate may receive a budget for
maintenance expenses and/or bank commissions. The budget will be calculated
taking into consideration the percentage of fees collections.
PRIVILEGES
AND IMMUNITIES:
Beginning and end of consular privileges
and immunities:
a. Every member of the consular post shall enjoy these privileges and immunities from the moment
he/she enters on his duties with the consular posting.
b. When
the functions of the Honorary Consul come to an end, his/her
privileges and immunities, and those of the members
of his/her family forming part of his/her household or a member of his/her staff will also end.
Use of the Peruvian flag and coat-of-arms:
a. The sending State (Peru) shall have the right to display its
national flag and coat-of-arms in the United Kingdom:
b. The national flag may be flown and the
Peruvian coats-of-arms displayed at the building occupied by the Honorary
Consulate, as well as at its entrance door, the residence of the Consul, and his/her means of
transport when used on official business.
c. British regulations, laws, and usages must be taken into account in the exercise of this privilege
Protection
of the consular premises: The
United Kingdom will take the necessary measures to protect the consular
premises of a Honorary Consulate against any intrusion or damage and to prevent
any disturbance of the peace of the consular post or impairment of its dignity.
Inviolability of consular archives and
documents: These will be inviolable at all times and wherever
they may be, provided that they are kept separate from other papers and
documents and, in particular, from the private correspondence of the head of a
consular post and of any person working with him, and from the materials, books
or documents relating to their profession or trade.
Exemption from customs duties
relating to goods used in consular activities (coats-of-arms,
flags, signboards, seals and stamps, books, official printed material, office
furniture, office equipment and similar articles supplied by or at the instance
of the Republic of Peru to the consular post): Exemptions will take place in accordance with British laws and regulations, in regards with all customs duties,
taxes, and related charges other than those for storage, cartage and similar services.
Communication:
a. The Honorary Consul may use all the
appropriate means, including diplomatic or consular couriers, diplomatic or
consular bags and messages. Coordination with the Consulate General in London
will be necessary to exercise this privilege.
b. The official correspondence (relating to the
consular post and its functions ) shall be inviolable.
c. Communication with the authorities of the
receiving State: The Honorary Consul may address the local authorities of their
consular district; and the central authorities of the United Kingdom.
Communication
and contact with Peruvian nationals:
a. Freedom of communication with nationals and access to them.
Peruvian nationals have the same freedom of communication with and access to
consular officers
b. Competent British authorities shall, without delay and if the
Peruvian national so requests, inform the Honorary Consul of any arrest,
imprisonment, custody, or any other means of detention. British authorities
must inform of this right to every Peruvian nationals in any way detained.
c. Consular officers shall have the right to visit a Peruvian
national who is in any way detained, to converse and correspond with him/her
and to arrange for his/her legal representation. Nevertheless, consular
officers shall refrain from taking action on behalf of a detained Peruvian
national if he/she expressly opposes such action.
Information
of deaths, guardianships, trusteeships, wrecks and air accidents: British authorities have the duty to inform,
without delay, the Consular officer of the death of a Peruvian national, the
appointment of a guardian or trustee in the interests of a Peruvian minor or
person lacking full capacity; the wreckage of a vessel or aircraft bearing the
Peruvian flag.
Immunity:
a. Consular officers who are nationals of, or
permanently resident in, the receiving State shall enjoy immunity from
jurisdiction and personal inviolability in respect of official acts performed
in the exercise of their functions.
b. Other members of the consular post who are
themselves nationals of or permanently resident in the United Kingdom shall
likewise enjoy facilities, privileges and immunities only insofar as these are
granted to them by the United Kingdom.
c. If criminal proceedings
are instituted against an honorary consular officer, he/she must appear before
the competent authorities. Nevertheless, the proceedings shall be conducted
with the respect due to him/her by reason of his/her official position and,
except when he/she is under arrest or detention, in a manner which will hamper
the exercise of consular functions as little as possible. When it has become
necessary to detain an honorary consular officer, the proceedings against
him/her shall be instituted with the minimum of delay.
d. The United Kingdom is under a duty to accord to an honorary
consular officer such protection as may be required by reason of his/her
official position.
e. Testimony: Members of a consular
post are under no obligation to give evidence concerning matters connected with
the exercise of their functions or to produce official correspondence and
documents relating thereto. They are also entitled to decline to give evidence
as expert witnesses with regard to the British law.
Exemption from taxation:
a. An honorary consular officer shall be
exempt from all dues and taxes on the remuneration and emoluments which he
receives from Peru in respect of the
exercise of consular functions.
b. The United Kingdom shall exempt honorary consular officers
from all personal services and from all public services of any kind whatsoever
and from military obligations