Laws of the People's Republic of China

    Article 1  The present Regulations are formulated for the purpose of
defining the consular privileges and immunities of the foreign consular posts
in China and their members and facilitating the efficient performance of the
functions of such foreign consular posts in their consular districts as
representatives of the sending States.

    Article 2  Consular officers shall be of the nationality of the sending
State. They may, only with the consent of the competent Chinese authorities,
be appointed from among persons of Chinese or third-state nationality or
nationals of the sending State who are permanent residents of China. This
consent may be withdrawn at any time by the said Chinese authorities.

    Article 3  The consular post and its head shall have the right to use the
national flag and emblem of the sending State on the premises of the consular
post, on the residence of the head of the consular post and on his means of
transport when used on official business.

    Article 4  The premises of the consular post shall be inviolable. Chinese
government functionaries may enter them only with the consent of the head of
the consular post or the head of the diplomatic mission of the sending State
or another person authorized by either of them. The consent of the head of the
consular post may be assumed in case of fire or other disaster requiring
prompt protective action. The Chinese authorities concerned shall take
appropriate measures to protect the premises of the consular post against any
intrusion or damage.

    Article 5  The premises of the consular post and the residence of its head
shall be exempt from dues and taxes other than such as represent payment for
specific services rendered. The fees and charges levied by the consular post
in the course of its official duties shall be exempt from all dues and taxes.

    Article 6  The archives and documents of the consular post shall be
inviolable.

    Article 7  The members of the consular post shall enjoy freedom of
movement and travel within Chinese territory except for areas the entry into
which is prohibited or restricted by the regulations of the Chinese Government.

    Article 8  The consular post may for official purposes communicate freely
with the Government and the diplomatic mission and other consular posts of the
sending State. In so doing, it may employ all appropriate means. including
diplomatic couriers or consular couriers, diplomatic bag or consular bag, and
messages in code or cipher.

    Article 9  The consular post may install and use a wireless
transmitter-receiver only with the consent of the Chinese Government. The
import of the above-mentioned equipment shall be subject to the relevant
procedure prescribed by the Chinese Government.

    Article 10  The consular bag shall not be opened or detained.

    The consular bag may contain only official correspondence and documents or
articles intended for official use and must be sealed and bear visible
external marks of its character.

    If the Chinese authorities concerned have serious reason to believe that
the bag contains something other than the above-mentioned objects, they may
request that the bag be opened in the presence of personnel from the Chinese
authorities concerned by the consular officer or another person authorized by
him. If this request is refused by the consular officer, the bag shall be
returned to its place of origin.

    Article 11  The consular courier must be of the nationality of the sending
State and shall not be a permanent resident of China. The consular courier
must be provided with a courier certificate issued by the competent
authorities of the sending State. He shall enjoy personal inviolability and
shall not be liable to arrest or detention.

    Consular couriers ad hoc must be provided with certificates of courier ad
hoc issued by the competent authorities of the sending State, and shall enjoy
the same immunities as the consular courier while charged with the carrying of
the consular bag.

    A consular bag may be entrusted to the captain of a commercial aircraft or
a commercial ship. He must be provided with an official document issued by the
consigner State indicating the number of packages constituting the bag, but he
shall not be regarded as a consular courier. By arrangement with the competent
authorities of the appropriate Chinese local people's government, the consular
post may send its members to receive the consular bag from the captain of the
aircraft or of the ship or deliver it to him.

    Article 12  The person of a consular officer shall be inviolable. The
Chinese authorities concerned shall take appropriate measures to prevent any
attack on his personal freedom and dignity.

    Consular officers shall not be liable to arrest or detention, except that
the arrest or detention is executed in the case of a grave crime and by
following legal procedures.

    Consular officers shall not be committed to prison save in execution of a
judicial decision of final effect.

    Article 13  The residence of a consular officer shall be inviolable.

    His papers and correspondence shall be inviolable.

    His property, except as provided in Article 14 of the present Regulations,
shall be inviolable.

    Article 14  Consular officers and members of the administrative and
technical staff of the consular post shall enjoy immunity from judicial and
administrative jurisdiction in respect of acts performed in the exercise of
their functions. Immunity from jurisdiction of consular officers in respect of
acts other than those performed in the exercise of their functions
shall be accorded in accordance with the bilateral treaties and agreements
between China and other countries concerned or on the principle of reciprocity.

    Immunity from judicial jurisdiction enjoyed by consular officers and
members of the administrative or technical staff of the consular post shall
not apply to any of the following civil actions:

    (1) an action arising out of a contract not concluded expressly as an
agent of the sending State;

    (2) an action relating to private immovable property situated in the
territory of China, unless they hold it as an agent of the sending State for
the purposes of the consular post.

    (3) an action relating to succession in which he is involved as a private
person; or

    (4) an action for damages arising from an accident in China caused by a
vehicle, vessel or aircraft.

    Article 15  Members of a consular post may be called upon to attend as
witnesses in the course of judicial or administrative proceedings, but shall
be under no obligation to give testimony concerning matters connected with the
exercise of their functions. They are entitled to decline to give testimony as
expert witnesses with regard to the law of the sending State.

    If consular officers should decline to give testimony, no coercive measure
or penalty may be applied to them.

    Members of the administrative or technical staff of the consular post and
members of the service staff shall not decline to give testimony except in
cases concerning matters connected with the exercise of their functions.

    Article 16  The immunity from jurisdiction enjoyed by the persons
concerned specified in the present Regulations may be waived through explicit
expression by the Government of the sending State.

    The initiation of proceedings by a person enjoying immunity from
jurisdiction in accordance with the provisions of the present Regulations
shall preclude him from invoking immunity from jurisdiction in respect of any
counter-claim directly connected with the claim.

    Waiver of immunity from civil or administrative jurisdiction shall not
imply waiver of immunity in respect of the execution of the judgment, for
which a separate and explicit waiver by the Government of the sending State
shall be necessary.

    Article 17  Consular officers and members of the administrative or
technical staff of the consular post shall be exempt from all dues and taxes,
except:

    (1) dues and taxes of a kind which are normally incorporated in the price
of goods or services;

    (2) dues or taxes on private immovable property situated in the territory
of China, excepting that used as the consular premises;

    (3) estat, succession or inheritance duties, except that movable property
left in China by a deceased consular officer shall be exempt therefrom;

    (4) dues and taxes on private income having its source in China; or

    (5) charges levied for specific services rendered.

    Members of the service staff of the consular post shall be exempt from
dues and taxes on the wages which they receive for their service in the
consular post.

    Article 18  Members of the consular post shall be exempt from all personal
and public services as well as military obligations.

    Consular officers and members of the administrative or technical staff of
the consular post shall be exempt from all obligations under the laws and
regulations of China in regard to the registration of aliens and residence
permits.

    Article 19  Imported articles for the official use of the consular post,
those for the personal use of consular officers, and those for the personal
use of members of the administrative or technical staff of the consular post,
including articles intended for their establishment, imported within six
months of the time of installation shall, in accordance with the relevant
regulations of the Chinese Government, be exempt from customs duties and all
other related dues and taxes with the exception of charges for storage,
cartage and similar services.

    Imported articles for the personal use of the consular officers and the
members of the administrative or technical staff of the consular post referred
to in the preceding paragraph shall not exceed the quantities necessary for
their direct utilization.

    The personal baggage of a consular officer shall be exempt from
inspection, unless the competent Chinese authorities have serious reason to
believe that it contains articles not within the exemptions provided for in
the first paragraph of this Article, or articles the import or export of which
is prohibited or controlled by Chinese laws and government regulations. Such
inspection shall be conducted in the presence of the consular officer or of
his authorized representative.

    Article 20  The consular post and its members may carry firearms and
bullets into or out of China for their personal use, subject to the approval
of the Chinese government and to its relevant regulations.

    Article 21  The spouse and underage children of consular officers, of
members of the administrative or technical staff of the consular post, or of
members of the service staff of the consular post forming part of their
respective households, except those who are nationals of China or aliens
permanently residing in China, shall respectively enjoy the privileges and
immunities accorded to the consular officers, the members of the
administrative or technical staff of the consular post or the members of the
service staff of the consular post in accordance with the provisions of
Articles 7, 17, 18 or 19 of the present Regulations.

    Article 22  Consular officers who are nationals of China or aliens
permanently residing in China shall enjoy the privileges and immunities
provided for in the present Regulations only in respect of acts performed in
the course of official duties.

    Members of the administrative or technical staff of the consular post and
members of the service staff of the consular post who are nationals of China
or aliens permanently residing in China shall not enjoy the privileges and
immunities provided for in the present Regulations except that they shall have
no obligation to give evidence concerning matters connected with the exercise
of their functions.

    Private attendants shall not enjoy the privileges and immunities provided
for in the present Regulations.

    Article 23  The following persons shall enjoy necessary immunity and
inviolability during their transit through or sojourn in China:

    (1) a consular officer stationed in a third State who passes through China
together with his spouse and underage children forming part of his household;
and

    (2) a visiting foreign consular officer who has obtained a diplomatic visa
from China or who holds a diplomatic passport of a State with which China has
an agreement on the mutual exemption of visas.

    Article 24  Persons enjoying consular privileges and immunities under the
present Regulations shall:

    (1) respect Chinese laws and regulations;

    (2) not interfere in the internal affairs of China; and

    (3) not use the premises of the consular post and the residence of members
of the consular post for purposes incompatible with the exercise of consular
functions.

    Article 25  Consular officers shall not practise for personal profit any
professional or commercial activity outside his official functions on Chinese
territory.

    Article 26  In case the consular privileges and immunities accorded by a
foreign State to the Chinese consular post and its members in that State and
to transitting or visiting Chinese consular officers stationed in a third
State are different from those China would give under the present Regulations
to the consular post of that State and its members in China and its
transitting or visiting consular officers stationed in a third State, the
Chinese Government may accord them such consular privileges and immunities as
appropriate on a reciprocal basis.

    Article 27  Where the international treaties to which China is a
contracting or acceding party provide otherwise in respect of consular
privileges and immunities, such provisions shall prevail, with the exception
of those on which China has declared reservations.

    Where the bilateral treaties or agreements between China and other
countries provide otherwise in respect of consular privileges and immunities,
such provisions shall prevail.

    Article 28  For the purposes of the present Regulations, the following
expressions shall have the meanings hereunder assigned to them:

    (1) "consular post" means any consulate-general, consulate, vice-consulate
or consular agency;

    (2) "consular district" means the area assigned to a consular post for the
exercise of consular functions;

    (3) "head of consular post" means the consul-general, consul, vice-consul
or consular agent charged by the sending State with the duty of leading the
consular post;

    (4) "consular officer" means the consul-general, vice-consul-general,
consul, vice-consul and consular attache or consular agent;

    (5) "members of the administrative or technical staff of the consular
post" means the members of the staff of the consular post engaged in the
administrative or technical work of the consular post;

    (6) "members of the service staff" means the members of the staff of the
consular post engaged in the domestic service of the consular post;

    (7) "members of the consular post" means consular officers, members of
the administrative or technical staff of the consular post and members of the
service staff of the consular post;

    (8) "private attendant" means an attendant in the private employment of a
member of the consular post;

    (9) "consular premises" means the buildings or parts of buildings and the
land ancillary thereto used exclusively for the purposes of the consular post.

    Article 29  The present Regulations shall enter into force as of the date
of promulgation.