THE ROLE OF THE CONSUL
The Consul is the official agent of a state within the territory of another state. In addition to
protecting and representing the interests of the country and its citizens, the Consul must also foster the development of
commercial, political, cultural, academic, technological, tourist and other relations between both nations.
ECONOMIC AND SOCIAL MATTERS
In the modern socio-economic process, the
designation of a Consul in a particular jurisdiction in the territory of another
state aims to establish a close relationship with the local
authorities within the political administration of that state. The mission
of the Consul is to foster the development of close economic and commercial links between states.
TOURIST MATTERS
The Consul promotes tourism activities and information.
INFORMATIVE MATTERS
Consuls are responsible for obtaining complete and accurate information
about the the state. In addition, Consuls are responsible for remitting to the Embassy and the Ministry of Foreign Affairs
their analyses and evaluations of these matters. Consuls also provide similar information to entities, authorities and interested
individuals in their jurisdictions.
Consuls must carefully review and evaluate all information that appears in the
mass media.
SCIENTIFIC, TECHNOLOGICAL AND ACADEMIC COOPERATION
The development of a country has a direct relation to the existing level
of progress in the scientific and technological fields, as well as the level of academic excellence of its educational institutions.
Therefore, assimilation of new technologies constitutes a matter of high priority for the development of the country.
In
this regard, the Consuls must develop close connections within their jurisdictions with scientific, academic and industrial
communities to assess the best possibility for cooperation in specific fields and developing scientific and technological
cooperation projects.
CONSULAR FUNCTIONS
Trade with other regions of the world has become an increasingly vital element
in the economy of the United States. The machinery of this essential commerce is complicated by numerous restrictions, license
requirements, quotas, and other measures adopted by the individual countries. Since the regulations affecting both trade and
travel are the particular province of the consular service of the nations involved, reliable information as to entrance requirements,
consignment of goods, details of transshipment, and, in many instances, suggestions as to consumer needs and preferences.
IMMUNITIES ACCORDED TO CONSULAR OFFICERS
Consular officers should be accorded their respective privileges, rights,
and immunities as directed by international and domestic law. These foreign officials should be treated with the courtesy
and respect befitting their positions. At the same time, it is a well established principle of international law that, without
prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect
local laws and regulations. Unless otherwise provided under specific bilateral agreements, they are entitled to the limited
immunities described in the Vienna Convention on Consular Relations (VCCR), which contains the current expression of international
law on the subject of the rights, privileges, and immunities of consular personnel. Furthermore, recognized consular officers
who also are accredited as diplomatic agents at certain diplomatic missions enjoy full immunity under the provisions of the
Vienna Convention on Diplomatic Relations (VCDR).
Consular Officers
Article 43 of the VCCR states that the immunity to which consular officers
are entitled relates only to acts arising in the exercise of consular functions. This limited form of immunity, generally
referred to as "official acts immunity" or "functional immunity," must be asserted in court as an affirmative defense and
is subject to court determination. It should be noted that civil actions relating to private contracts and damage arising
from accidents caused by automobiles, vessels, or aircraft are specifically excepted from a claim of "official acts immunity"
as are those based on private contracts. Although career consular officers enjoy only limited immunity from jurisdiction,
Article 41 of the VCCR does grant them personal inviolability. Therefore, such individuals may not be arrested or detained
pending trial, except in the case of a grave crime and pursuant to a decision of a competent judicial authority. Career consular
officers can be identified by credentials issued by the U.S. Department of State, which bear its seal, the name of the officer,
and title.
Families of Consular Officers
Family members of consular officers do not enjoy the same privileges and
immunities with respect to the civil and criminal jurisdiction of the receiving state as do consular officers. However, they
should be accorded appropriate courtesy and respect.
Consular Employees
Although foreign career consular employees are not listed in this publication,
these individuals also are entitled to immunity from the civil and criminal jurisdiction of the receiving state as to official
acts performed in the exercise of their consular functions, subject to court determination. They do not, however, enjoy personal
inviolability and, thus, are not immune from arrest or detention.
