Professional Documents
Culture Documents
اتفاقية قنصلية بين تركيا وليبيا
اتفاقية قنصلية بين تركيا وليبيا
اتفاقية قنصلية بين تركيا وليبيا
LAW
REPUBLIC OF TURKEY AND LIBYA ARAB PEOPLE'S SOCIALIST COMMUNITY
APPROVAL OF THE CONSUL AGREEMENT BETWEEN
LAW APPROPRIATE
ARTICLE 1. - The ratification of the “Consular Agreement between the Republic of Turkey and the Libyan
Arab People's Socialist Community” signed in Ankara on February 8, 2002 was found appropriate.
ARTICLE 2. - This Law enters into force on the date of its publication.
ARTICLE 3. - The provisions of this Law are executed by the Council of Ministers.
REPUBLIC OF TURKEY
WITH
LIBYA ARAB PEOPLE SOCIALIST
CEMAHIRIA
CONSULATE AGREEMENT BETWEEN THEREPUBLIC OF TURKEY AND LIBYA
BETWEEN THE ARAB PEOPLE'S JAMAIRY
CONSULATE AGREEMENT
Mutual respect for the principles of sovereignty and non-interference in the internal affairs of the Republic of
Turkey and the Libyan Arab People's Socialist Community and strengthening the fraternal relations between the
two countries; Desiring to realize the common interests in equality, to develop and strengthen consular relations,
have agreed on the following points.
EPISODE 1
DEFINITIONS
ARTICLE (1)
2) “Consular mission area”: The area allocated to the Consulate to fulfill its duties;
4) “Consular officer”: Persons charged with performing consular duties, including the consular chief;
5) “Consulate servant”: Persons employed in administrative and technical services at the Consulate;
6) “Service Personnel”: Persons assigned with the internal services of the Consulate;
8) “Consulate staff”: Consular staff, consular staff and other service personnel, other than the consular chief;
10) “Family Members”: Husband or wife of the consular member, unmarried daughter and underage children, their dependents and living
together;
11) “Consulate buildings”: Buildings, parts of buildings and related lands used exclusively for consular purposes, including the residence
12) “Consulate archives”: All documents belonging to the Consulate, correspondence, books, films, audio tapes and recording books,
password materials, index tags and items used to protect and preserve them;
14) “Citizen”: any person who has a nationality under the legislation of the Sending State;
15) “Legal Entities of the Sending State”: Organizations established in accordance with the current legislation of the Sending State and
16) “Ship of the Sending State” means vessels other than warships registered in accordance with the laws of the Sending State and
17) “Aircraft of the Sending State”: Aircraft, other than warplanes, registered in accordance with the laws of the Sending State and
permitted to bear an indicative mark showing its affiliation with that State.
CHAPTER II
CONSULAR RELATIONS
ARTICLE (2)
1) A consulate may be established in the territory of the Receiving State only with the consent of that State.
2) The location, class and jurisdiction of the Consulate are determined by agreement between the Sending State and the Receiving State.
3) Subsequent changes regarding the location, class and duty environment of the Consulate are only permitted with the agreement of
both parties.
ARTICLE (3)
1) The head of the consular post is appointed by the Sending State and begins his duty with the consent of the Receiving State.
2) The sending State shall send, through diplomatic channels, a document of appointment or a similar document stating the name and
surname of the head of the consular post, his class, the place of the consular post and his jurisdiction, to the Ministry of Foreign Affairs or the
People's Bureau of International Cooperation and Foreign Relations of the State in which the head of the consular office will be serving.
3) The head of the consular post may take up his duties after a so-called "order" is issued by the Receiving State.
4) The Receiving State may temporarily allow the head of the consular post to take up his duties until the consular warrant is issued.
5) If the head of the consular post has been authorized by the Receiving State, even with temporary permission, the Receiving State shall
take all necessary measures to enable the head of the consular post to fulfill his duties.
ARTICLE (4)
1) If the head of the consular post is for any reason unable to perform his duties or his office is temporarily vacant, the Sending State shall
have a diplomatic mission at the same consulate or at another consulate or embassy of its own, located in the territory of the Receiving State, or
at the Ministry of Foreign Affairs or the People's Office. may appoint one of the staff to manage the consulate temporarily in the capacity of the
Consular Chief.
The Ministry of Foreign Affairs of the Receiving State or the People's Bureau of International Cooperation and Foreign Relations shall be
2) A person who is temporarily assigned to perform the duties of the head of the consular post, while performing the duties of the head of
the consular, enjoys the privileges and immunities granted to the head of the consular post by this Convention.
3) Pursuant to paragraph 1 of this article, one of the diplomatic personnel of the Sending State, while temporarily performing the duties of
the head of the consular post, shall continue to enjoy diplomatic privileges and immunities.
ARTICLE (5)
1) A consular officer may only be a citizen of the Sending State and may not have permanent residence in the territory of the Receiving
State.
2) Consular “Servants” and members of “service” staff may be citizens of the Sending or Receiving State. In addition, nationals of a third
State may be appointed as servants, provided that the prior written consent of the Receiving State is obtained.
ARTICLE (6)
1) The Sending State determines the number of consular members according to the required work capacity and the needs of the
2) The Receiving State may request that the number of consular members remain within the limits it deems normal and reasonable,
taking into account the needs, current situation and conditions of the consulate.
ARTICLE (7)
The Sending State shall notify in writing, through the diplomatic channel, of the Receiving State's Ministry of Foreign Affairs or the
a) Appointment of the members of the consulate, their names, surnames and titles and their citizenship, arrival, final departure or
termination of their duties, as well as any changes in their status that may occur during their service in the consulate;
b) Arrival and final departure of a member of the family of consular members, as well as inclusion or termination of a person's family
members;
c) Arrival and final departure of special service personnel and members of special personnel and termination of their services in this
capacity;
d) Recruitment or dismissal of persons residing in the Receiving State as consular or private personnel.
ARTICLE (8)
1) The competent authorities of the Receiving State shall issue to the consular officer a special document showing his identity and title
free of charge.
2) The provisions of paragraph 1 of this article apply to members of the consulate, service personnel and private personnel, as well as
third State nationals employed as service personnel and private personnel with the consent of the Receiving State, provided that they are not
citizens of the Receiving State and do not reside in that country permanently. apply to family members.
ARTICLE (9)
Members of the consular post in the Receiving State may not engage in any commercial or professional activity other than their duties at
the consulate.
ARTICLE (10)
a) Notification by the Sending State to the Receiving State of the end of his duty;
c) The Receiving State notifies the Sending State that it has ceased to consider the person concerned as a member of the consular staff
as provided for in paragraph 3 of this article.
2) The Receiving State may at any time notify the Sending State through diplomatic channels, that the order granted to the consular chief
has been withdrawn, or that a consular officer has been declared persona non grata or that any member of the consular staff has been deemed
inadmissible, without having to explain the reason for its decision. In this case, the Sending State shall recall the person concerned or terminate
his post at the consular post.
3) If the Sending State refuses or fails to fulfill the convictions arising from the provisions of subparagraph c of this article within a
reasonable time, the Receiving State may, as the case may be, withdraw the order of the person concerned or cease to consider such person a
consular staff.
CHAPTER-III
PRIVILEGES AND IMMUNITIES
ARTICLE (11)
1) In accordance with the conditions laid down in the laws of the Sending State, the Receiving State;
a) It may acquire the ownership, usufruct or possession of the land, building, building parts and outbuildings necessary to be used as a
residence for the consulate building or consular members.
b) It can have buildings, building parts and outbuildings built on the land on which it is the owner or possessor for the same purposes.
c) It may transfer the rights and property stipulated in subparagraphs (a) and (b) of this paragraph.
2) The Sending State may request the assistance of the Receiving State for the acquisition, possession, construction and repair of the
property and usufruct right of the land, building, building parts or outbuildings for the purposes mentioned in the previous paragraph.
3) The provisions of this article do not exempt the Sending State from complying with the necessary construction and urban laws in the
area where the buildings are located.
ARTICLE (12)
1) The national flag of the Sending State may be hoisted on the buildings of the consular post, on the residence of the head of the
consular post and on his vehicles when used in the performance of his official duties.
2) The consular sign, written in the official languages of this State and the Receiving State, identifying the consular building with the coat
of arms of the Sending State, may be hung in the buildings used by the consulate and in the residence of the consular chief.
3) Each of the Contracting Parties shall ensure that the necessary respect is shown and protected in the above matters.
ARTICLE (13)
1) of the Sending State,
a) movable properties, consular buildings including installations;
b) Vehicles belonging to the Consulate are exempt from any seizure, including for national defense or public interest.
2) However, the preceding provisions of this article shall not prevent, in accordance with the laws of the Receiving State, the expropriation
of the Consular premises of the Sending State and the residence of a member of the consular mission of that State for the purposes of national
defense or public interest. If such a measure is necessary for one of these buildings, every precaution will be taken to prevent the consular
duties from being disrupted.
In addition, in the event of expropriation, an appropriate compensation will be paid as soon as possible.
ARTICLE (14)
1) The Sending State is exempt from all taxes and duties imposed or charged by the Receiving State in the following cases.
a) Acquisition, possession, possession or usufruct of land and buildings, possession, possession or usufruct, construction and leveling of
lands, which are allocated or used exclusively for the official needs of the residence of a consular or consular mission chief;
b) Vehicles dedicated to or used for the exclusive official needs of a consulate, in accordance with the legal provisions or regulations of
the Receiving State, having regard to the exemption from taxes and duties in connection with or due to an importation or re-exportation
exclusively being the subject of the provisions of Article 23. acquisition, ownership, possession or use of any movable property, including;
2) The immunity provided for in paragraph 1 of this article cannot be applied to taxes and duties levied or allocated to special services,
3) The immunity provided for in paragraph 1 of this article does not apply to taxes and duties, and in particular to direct taxes, levy added
to direct taxes, for which persons who have entered into a contract with the Sending State are liable under the legislation in force in the
Receiving State.
ARTICLE (15)
Consular buildings are inviolable. Officials of the Receiving State may not enter them without the consent of the head of the Consular
post, his designee or the head of the diplomatic mission of the Sending State.
In case of fire or other disaster requiring emergency protection measures, permission is deemed to have been taken.
ARTICLE (16)
In accordance with the principles recognized by international law, archives and other documents and records enjoy inviolability at all times
and places, and the authorities of the Receiving State shall not examine or confiscate them for any reason.
ARTICLE (17)
1) The Receiving State shall provide all facilities for the conduct of consular affairs and shall take all necessary measures so that the
members of the consular post may enjoy the rights, privileges and immunities conferred by this Convention.
2) The Receiving State treats consular officers with the respect that should be accorded them and takes all necessary measures to
3) The Receiving State shall take all necessary measures for the protection of consular premises.
ARTICLE (18)
1) Members of the Consulate, in their services to the Sending State, are exempt from the obligations imposed by the Receiving State
regarding foreign use and its laws and regulations regarding work permits.
2) Private servants of consular officers and consular servants are exempt from the obligations set forth in paragraph 1 of this article if they
are not engaged in any other profitable private employment in the Receiving State.
ARTICLE (19)
1) Members of the consulate and their family members living with them are exempt from the provisions of the Receiving State regarding
social security, without prejudice to the provisions of this article, regarding their services to the Sending State.
2) The exception stipulated in paragraph 1 of this article shall also apply to personnel who are exclusively in the private services of
a) they are not nationals of and do not reside in the Receiving State; and,
b) are subject to the security provisions in force in the Sending State or a Third State,
3) Members of the consulate who employ people who do not benefit from the exemption stipulated in paragraph 2 of this article must
comply with the obligations imposed on the employer by the Accepting Social Security provisions.
4) The exemption provided for in paragraphs 1 and 2 of this article shall not prevent voluntary participation in the social security regime of
ARTICLE (20)
With respect to areas where their entry is prohibited or regulated for reasons of national security, every Consular member has the right to
freely move around the Receiving State for the execution of officials, except as limited by the laws and regulations of the Receiving State.
ARTICLE (21)
1) The Receiving State permits and protects the freedom of communication of the consulate by all kinds of official means. In
communicating with the authorities of the Sending State and with its diplomatic missions and other consulates wherever they may be located,
the consular post may use any means of communication it deems appropriate, including diplomatic or consular couriers, diplomatic bag or
consular bag and crypto or code. However, the consulate may install and use radio equipment only with the consent of the Receiving State.
2) The official communication of the Consulate is inviolable; By the term "Official Communication" is understood all communication related
3) The consular bag cannot be opened or confiscated. However, if the competent authorities of the Receiving State have serious reasons
to believe that the bag contains other than the correspondence, documents and items referred to in paragraph 4 of this article, they may request
that the bag be opened before them by an authorized representative of the Sending State. . If the authorities of the Sending State reject the
4) The packages constituting the consular bag must bear the external signs indicating their qualifications. They may only contain official
5) The consular courier must bear an official document showing the title and stating the number of packages that make up the consular
bag. Except with the consent of the Receiving State, the courier may neither be a national of that state, nor a permanent resident of the
Receiving State, unless he is a national of the Sending State. While performing his duties, the courier is protected by the Receiving State, the
person enjoys immunity and may not be subject to arrest or detention under any circumstances.
6) The Sending State, its diplomatic missions and consulates may appoint special consular couriers. In this case, the provisions of
paragraph 5 of this article shall apply. Provided that, as soon as the courier delivers the bag in his possession to the addressee, the immunities
7) The Consular Bag may be given to the captain of a commercial ship or aircraft arriving at a permitted point of entry. This captain must
bear an official document showing the number of packages that make up the bag. But the captain is not a consular courier. The Consulate may,
upon agreement with the competent local authorities, send one of its members to receive the bag directly and freely from the captain of the ship
or plane.
ARTICLE (22)
1) In return for the performance of their official duties, consular officers may collect the duties and fees stipulated in the legislation of the
Sending State.
2) The Sending State shall be exempt from all taxes and duties imposed or collected by the Receiving State with respect to the collection
ARTICLE (23)
1) Consular officers and consular services and their family members living with them are exempt from all kinds of personal or impersonal,
national, regional and local taxes and duties, except for the following:
b) Taxes and duties pertaining to private immovable property located in the Receiving State;
c) Inheritance and gift taxes collected by the Receiving State, without prejudice to the provisions of paragraph 2 of Article 25;
d) taxes and duties levied on private income, including capital gains, located in the Receiving State and capital taxes in advance on
e) Taxes and duties levied on profits obtained in return for special services rendered;
2) Members of service personnel are exempt from taxes and duties in respect of the wages they receive from the Sending State in return
3) Members of the consular post who employ persons whose salaries and wages are not exempt from income tax in the Receiving State
must comply with the obligations imposed on them by the laws and regulations of that State regarding the collection of income tax.
ARTICLE(24)
1) The Receiving State, in accordance with its legal and regulatory provisions, allows the entry of the following items and exempts them
from all customs payments, excluding the costs of storage, transportation and similar works:
b) Items belonging to the personal use of the consular officer and members of his family living together, including items allocated to their
residence;
Consumables should not exceed the amounts required for the personal use of the persons concerned.
2) Consular servants enjoy the privilege and immunity stipulated in subparagraph b, paragraph 1 of this article, regarding the goods they
3) Luggage carried by consular officers and their family members are exempt from customs inspection. However, items other than those
mentioned in subparagraph b of paragraph 1 of this article or items whose import or export is prohibited by the laws and regulations of the
Receiving State or are subject to quarantine laws and regulations may be checked if there are serious reasons to believe that they contain
them. This check is only done in front of the consular officer or the relevant family member.
ARTICLE(25)
In the event of the death of a member of the consular post or a member of his family living with him, the Receiving State;
1) to allow the exit of the deceased's movable property, except those acquired in that State and which are subject to export prohibition
2) Only because the deceased's consular officer is a family member, the Receiving State is obliged not to collect any local, regional or
national inheritance or gift tax from the movable properties available in the Receiving State.
ARTICLE(26)
1) Consular officers may be arrested or detained only for crimes they have committed outside of the performance of their official duties
and when this act requires a sentence of more than 3 years restricting freedom according to the legislation of the Receiving State and upon the
2) Except for the execution of the final judicial decision, consular officers cannot be imprisoned and their personal freedoms cannot be
restricted in any way, without prejudice to the situation stipulated in paragraph 1 of this article.
3) The consular officer against whom a criminal case is brought has to appear before the competent authorities. However, due respect
will be given to the consular officer due to his official status and the case will be conducted in such a way as to least impair the performance of
his consular duties, except in the case provided for in paragraph 1 of this article. If a consular officer has to be detained in the cases mentioned
in paragraph 1 of this article, the action to be brought against him should be brought as soon as possible.
4) If a consular officer is arrested, detained or prosecuted, the Receiving State shall notify the diplomatic mission or consulate to which
ARTICLE(27)
1) Consular officers and servants are not subject to the judgment of the judicial and administrative authorities of the Receiving State for
a) arising out of an agreement not concluded by a consular officer or a consular officer expressly or implicitly in his capacity as agent of
b) It does not apply to civil lawsuits filed by a third party due to damage caused by a vehicle, ship or aircraft in the Receiving State.
ARTICLE(28)
1) Members of the consulate may be summoned to testify during judicial and administrative proceedings. Consular servants and
members of service personnel should not refuse to testify, except in the cases mentioned in paragraph 3 of this article. If a consular officer
2) The authority requesting the testimony should avoid making it difficult for the consular officer to perform his duties. This authority may,
whenever possible, take the consular officer's statement of testimony at the officer's residence or at the consulate, or accept the consular
3) Members of a consulate are not obliged to testify about events related to the performance of their duties and to show official
correspondence and documents related to their duties. Members of the consular post also have the right to refuse to testify as experts on the
ARTICLE (29)
1) The sending State may waive the privileges and immunities provided for in this Convention in respect of a consular officer.
2) The waiver must always be express and notified in writing to the Receiving State.
3) If a consular officer or a consular officer brings a lawsuit on a subject for which he/she enjoys immunity from jurisdiction pursuant to
Article 27, he/she cannot claim immunity from any counter claim directly related to the main claim.
4) A waiver of immunity from jurisdiction in relation to a civil and administrative case does not mean that the immunity regarding the
measures pertaining to the execution of the decision is also waived. A separate waiver is required for these as well.
ARTICLE (30)
Without prejudice to their privileges and immunities, every person enjoying these privileges and immunities has a duty to respect the laws
ARTICLE (31)
Members of the consular post must comply with all obligations imposed by the laws and regulations of the Receiving State on civil liability
insurance for the use of all types of vehicles, ships and airships.
ARTICLE (32)
1) Consular members and their family members who are nationals of the Receiving State or a Third State, or who are permanently
resident in the Receiving State or who hold a profitable private business there, shall not enjoy the benefits, privileges and immunities provided
2) Family members of one of the consular officers who are nationals of the Receiving State or a Third State, or who are permanently
resident in the Receiving State, are also not entitled to the benefits, privileges and immunities provided for in this section.
3) The Receiving State must exercise its judicial authority over the persons referred to in paragraphs 1 and 2 of this article in a way that
ARTICLE (33)
1) Every member of a consular mission enjoys the privileges and immunities set forth in this Convention from the moment he takes office.
2) The family members of a consular member living with him/her shall enjoy the privileges and immunities provided for in this Convention
From the date on which the consular member enjoys the privileges and immunities or from the date on which they become members of
3) When a member of the consular post ends, the privileges and immunities of himself or his family members normally expire on the first
At the time that said member of the consular post has left the Receiving State or at the expiry of a reasonable period of time allowed for
that purpose.
However, such persons retain their privileges and immunity until then, even in an armed conflict.
As for the persons mentioned in paragraph 2 of this article, their privileges and immunities cease as soon as they cease to be a member
of the family of a consular officer. However, if these persons intend to leave the territory of the Receiving State within a reasonable time, their
privileges and immunities will undoubtedly continue until the moment of their action.
4) However, immunity from jurisdiction continues indefinitely with respect to the work done by a consular officer or a consular officer in the
5) In the event of the death of a member of the consular post, the members of his family living with him shall continue to enjoy the
privileges and immunities they previously enjoyed until the first of the following dates: until the expiry of the reasonable period granted to them
for this purpose or when they have left the country of the Receiving State.
CHAPTER IV
CONSULAR DUTIES
ARTICLE (34)
relations between the Contracting Parties in the commercial, economic, touristic, social, scientific, cultural and technical fields;
2) assisting citizens of the Sending State in their application to the authorities of the Receiving State;
3) To take the necessary measures to ensure the representation of the citizens of the Sending State before the courts or authorities of the
Receiving State, provided that the procedures and rules in force in the Receiving State are respected, and to take interim measures to protect
the rights and interests of the citizens in their absence or otherwise unable to defend their rights and interests. ensure its receipt;
4) To obtain information by all legitimate means about developments in the commercial, economic, touristic, social, scientific, cultural and
technical fields in the Receiving State and to report to the Sending State Government and inform the relevant persons.
ARTICLE (35)
1) To register their nationality and to take a census of their nationality to the extent that it complies with the laws of the Receiving
State. For this purpose, they may seek the assistance of the competent authorities of the Receiving State.
2) To issue notices to its nationals through the press or to deliver various orders and documents issued by the authorities of the Sending
3) a) Issuing, renewing and changing passports and travel documents to nationals of the Sending State;
b) issuing visas and necessary documents to persons wishing to go to the Sending State;
4) to serve judicial and non-judicial documents or to carry out rogatory letters in any manner compatible with the laws and regulations of
5) a) To translate and certify all kinds of documents issued by the authorities and officials of the Sending or Receiving State, to the extent
that the laws and regulations of the Receiving State do not prevent them. These translations are of the same value and force as those made by
b) to accept any declaration, to draw up any document, to certify signatures, to certify and translate documents when the laws and
6) To the extent that the laws and regulations of the Receiving State do not prevent it, as a notary deed:
a) Documents or contracts in the form of notary publics that their nationals want to give or make, excluding undertakings or documents
regarding the establishment and transfer of their real rights on the immovable properties in the Receiving State, and
b) To accept documents and contracts relating to the goods or works to be carried out in the territory of the Sending State, regardless of
7) To receive as escrow any amount of money, all kinds of documents and goods given by or to the account of the citizens of the Sending
State, to the extent that the legislation of the Receiving State does not prevent it. These relics do not enjoy the immunity provided for in Article
16 of this Convention and must be kept separate from archives, documents and records to which the provisions of said article apply. These
relics may be removed from the Receiving State only in accordance with the laws and regulations of that State.
8) a) issuing, copying and transmitting documents relating to the personal status of citizens of the Sending State;
b) to marry the prospective marrieds in cases where they are citizens of the Sending State, to inform the authorities of the Receiving
extent that it is in accordance with the laws of both Contracting Parties. The provisions of paragraphs 2 and 3 of this article do not exempt
nationals of the Sending State from making statements required by the laws of the Receiving State.
(ARTICLE 36)
1) Unless the interested party objects, the consulate of the Sending State shall be informed of any deprivation of liberty taken against one
of its nationals by the authorities of the Receiving State, and of the nature of the events entailing it, within two weeks from the day the person
The addressee messages of the person arrested, detained or otherwise deprived of their liberty must be delivered to the consulate
without delay by the authorities of the Receiving State. This authority should notify the person concerned of the rights granted by the provisions
of this paragraph.
2) Consular officers may visit, meet or correspond with a national of the Sending State who has been arrested, placed in preventive
detention or otherwise detained, unless refused by him. Consular officers are granted the right to visit and correspond with this citizen within a
period of 2-21 days from the day the citizen is arrested, detained or deprived of his liberty in any way.
3) The rights referred to in paragraph 2 above shall be exercised within the framework of the laws and regulations of the Receiving
State. However, these laws and regulations will enable the full exercise of the rights conferred by this article.
(ARTICLE 37)
1) If a national of a Sending State dies in the Receiving State, the competent authority of that State shall inform the consulate.
2) a) When the Consulate receives news of the death of one of its citizens, it requests that the competent authorities of this State transmit
to it, to the extent permitted by the laws of the Receiving State, all the information they will compile, a list of the heirs, related to the inheritance,
b) The consulate of the Sending State may request from the competent authorities of the Receiving State to take the necessary measures
for the preservation and management of the estate left on the territory of the Receiving State.
c) The consular officer may personally or through his representative assist in taking the measures stipulated in subparagraph (b).
3) If protective measures are to be taken and no heirs have come or sent a representative, a consular officer of the Sending State may be
invited by the authorities of the Receiving State to be present at the sealing and removal of the seals and the removal of the transcript.
4) If, after the completion of the inheritance transactions in the Receiving State, the movable property of the inheritance or in return for
their sale or the immovable property falls to the legal or qualified heir of the Sending State who does not reside in the Receiving State and does
not appoint a proxy, the said goods and their Proceeds of its sales shall be delivered to the Consulate of the Sending State, provided that:
b) If necessary, the competent authorities are authorized to deliver the inheritance goods and their sales,
c) All taxes and debts related to inheritance have been paid or guaranteed to be paid within the period stipulated in the laws of the
Receiving State.
5) In the event that a national of the Sending State is temporarily present in the Receiving State and dies in that country, the Receiving
State's administrative and legal services shall be provided to the Receiving State in order to ensure the temporary custody of money and
personal belongings left and unwanted by an existing heir. they shall be handed over to the Consulate of the Sending State, without prejudice to
the right of the judicial authorities to seize for judicial benefit.
The consulate must hand over money and personal effects to each authority of the Sending State designated for their administration and
liquidation. This consulate must comply with the legislation of the Receiving State regarding the export of goods and the transfer of funds.
ARTICLE (38)
The consular officer has the right to provide all kinds of assistance provided for in this Convention to the ships of the Sending State and
their crews, as soon as they are free to enter, while they are in the internal or territorial waters of the Receiving State, including the ports. The
Sending State may enjoy the right of surveillance and control over its ships and crews. For this purpose it may also visit the ships of the Sending
State and receive the visits of the captains and crews of these ships.
ARTICLE (39)
Consular officer in relation to Ships of the Sending State, provided that it is not contrary to the legislation of the Receiving State;
a) To question the ship's captain or any of the other crew members, to check, accept and approve the ship's documents, to accept the
declarations regarding the ship's cargo and voyage, to give the necessary documents to facilitate the entry, stay and exit of the ship;
b) To intervene in accordance with the legislation of the Sending State or to intervene in order to facilitate the resolution of any disputes
between the master and the other crew, including disputes regarding employment contracts and working conditions;
c) To take measures regarding the hiring or dismissal of the master or other crew;
d) To take the necessary measures to ensure that the master or any of the crew is hospitalized or sent to his country;
e) To accept, draw up or sign all kinds of testimonies and other documents concerning the nationality, ownership and other real rights,
condition and operation of a ship;
f) assisting and advising the master of the ship and any of the other crew members from their contacts with the courts and other
authorities of the Receiving State and, for this purpose, providing them with legal assistance, the assistance of an interpreter or other person;
g) To take all useful measures to maintain discipline and order on board;
h) to ensure that the maritime laws and regulations of the Sending State are enforced on board the ship of that State; He has the right.
ARTICLE (40)
I) Judicial authority on board
l) The courts and other judicial authorities of the Receiving State may exercise their jurisdiction only in the following cases, in the case of
a) offenses committed either by or against a national of the Receiving State, or by or against any person other than the crew;
b) Offenses disturbing the peace and security of the port or territorial sea or inland waters of the Receiving State;
c) Offenses committed against the laws and regulations of the Receiving State concerning public health, saving human life at sea, entry
and residence of foreigners, customs rules, pollution of the sea or any kind of smuggling;
d) Crimes requiring at least three years or a severe sentence of deprivation of liberty according to the provisions of the legislation of the
Receiving State;
2) In other cases, the above-mentioned authorities may only act upon the request or consent of the consular officer.
1) A court or any competent authority of the Receiving State shall be authorized to arrest or detain the captain, any other member of the
crew, a passenger of that ship or any other person who is not a national of the Receiving State on board a ship of the Sending State, or any
property on board the ship. The competent authorities of the Receiving State shall inform the consular officer in a timely manner that will enable
him to be present in the implementation of such measure. If it is impossible to notify the consular officer in advance or if no consular officer is
present for the implementation of these measures, the competent authorities of the Receiving State shall notify the consular officer of the
measures taken as soon as possible and in full. Competent authorities of the Receiving State,
2) The provisions of the previous paragraph shall not apply to an ordinary check by the authorities of the Receiving State in matters of
passport, customs, public health, marine pollution and saving human life at sea, or any other attempt at the request or consent of the ship's
captain.
ARTICLE (41)
1) If a ship of the Sending State is sunk, damaged, stranded, washed ashore or in any other way in the territorial sea or inland waters of
the Receiving State, including the ports, the competent authorities of that State shall, without delay, inform the consular officer of the Sending
2) In the cases listed in paragraph 1 of this article, the competent authorities of the Receiving State are responsible for the rescue and
protection of the ship, the passengers, the crew, the ship's equipment, the cargo, the provisions and other goods on board, and the prevention
of all kinds of attacks and irregularities against the ship and the goods, and They will take the necessary measures to eliminate them. These
measures will also be taken with regard to goods that are part of the ship or its cargo and have left the ship. Authorities of the Receiving State
shall inform the consular officer of the measures taken. These authorities shall assist the consular officer to take all precautions after average,
stranding or sinking.
3) The shipwreck of the Sending State, its equipment, cargo, provisions or other goods on board, are on or near the coast of the
Receiving State or have been dragged into the port of the Receiving State, and neither the ship's master, nor the official, nor the maritime
agency, nor the insurance representatives If they are not ready or are not in a position to take measures for their protection or management, the
consular officer is authorized to take the measures as his representative, which the ship owner would have taken for the same purposes had he
been present.
4) The consular officer shall take the measures provided for in paragraph 3 of this article, regardless of nationality, on board a ship that is
on or on board a ship which is dragged into a port or on or near the coast, or on board a ship that is stranded or sunk, or belonging to a national
of the Sending State. The plan can also take about any kind of item. The competent authorities of the Receiving State should promptly inform
5) The consular officer, acting in accordance with the laws and regulations of the Receiving State, has the right to participate in the
ARTICLE (42)
ARTICLE (43)
1) Consular officers may exercise their inspection and control powers provided for by the laws and regulations of the Sending State on
aircraft registered in that State and their crews, and may also assist them,
2) When an aircraft registered in the Sending State is involved in an accident in the Receiving State, the competent authorities of that
State shall without delay notify the consulate nearest to the place where the accident occurred.
CHAPTER - V
GENERAL PROVISIONS
ARTICLE (44)
Consular officers may use their powers only in the consular post. However, with the consent of the Receiving State, they may exercise
ARTICLE (45)
Consular officers, apart from the duties enumerated in this Convention, are authorized to perform any other consular duty deemed to meet their
qualifications by the Receiving State.
ARTICLE (46)
A consulate of the Sending State may exercise consular functions in the Receiving State on behalf of a third State after the written
b) To the competent central authorities of the Receiving State to the extent permitted by the laws, regulations and customs of the
ARTICLE (48)
The Sending State may, after notifying the Receiving State, entrust a consulate established in that State to carry out consular functions in
another State.
ARTICLE (49)
Disputes that may arise between the two States regarding the implementation or interpretation of this Convention will be resolved through
diplomatic channels.
CHAPTER VI
FINAL PROVISION
ARTICLE (50)
1) This Agreement shall be approved by each Contracting Party in accordance with its applicable laws.
2) This Agreement has been concluded for an indefinite period and will enter into force 30 days after the exchange of ratifications.
3) Each of the Contracting Parties may terminate this Agreement at any time by giving written notice through diplomatic channels. The
notice of termination will take effect 6 months after the notice is received.
This Agreement was drawn up in Ankara on 08.02.2002 in two copies in Turkish and Arabic languages, both texts being valid.
in your name
Minister of Foreign Affairs , Office of the General People, Foreign Affairs and
https://www.tbmm.gov.tr/Tutanaklar/Tutanak?BirlesimSiraNo=23756&BaslangicSayfa=30&BitisSayfa=30&Tur=H