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10

(1916) Author: Alfons Heyking - Tema: Russia
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10

APPOINTMENT AND EXEQUATUR. P. i., Сн. iv.

§11.
Exequatur.

§ 12. [-Appointment-]
{+Appoint-
ment+} of
Elective
Consuls in
Germany,
Spain,
France and
Italy.

Belgium, [-Switzerland.-]
{+Switzer-
land.+}

that he prove to be in a more or less independent position, that his
social standing is in accordance with his prospective appointment,
that he is not already a Consular representative of another Power,
that he belongs to the Christian faith, and that he is not engaged
in the coal-trade, or that of ship-chandler.

When a State Consul has been appointed or replaced, the Legation
or Embassy takes the necessary steps to obtain official recognition
of the newly-appointed officer from the local Government and
promise of assistance and protection in the exercise of his Consular
duties.

The instrument by which this is effected is known as an
" Exequatur," which is usually worded somewhat as follows :•—
" George, by the Grace of God ... to all and Singular our
" loving Subjects, to whom these presents shall come, Greeting !
" Whereas the Emperor of the Russias has appointed X to be his
" Consul at Y and We having approved of this appointment, Our
" Will and Pleasure are and We hereby require that you do receive,
" countenance and, as there may be occasion, assist him, the said X,
" in the exercise of his office, giving and allowing unto him all the
" Privileges, Immunities and Advantages, thereunto belonging."

A special " Exequatur" is not, usually, granted by the local
Government in the case of Elective Consuls ; but the necessary steps
are taken by the Legation to obtain his recognition from the local
Government, and the State Consul to whom he is subordinate acquaints
the authorities of the town or port where the newly appointed Elective
Consul will reside, of his nomination to the post. The State Consul
informs the Ministry of Finance and the Ministry of Trade and
Industry at Petrograd when the appointment has been recognised by
the local authorities.1

The right of State Consuls to appoint Elective Consuls has been
specially confirmed by the Consular Conventions concluded by Russia
with Germany on the 26th November/8th December 1874, with Spain
on the i6th/28th April 1875, with France on the 20th March/ist
April 1874, and with Italy on the i6th/28th April 1875. Art. 7 of
these Conventions states : Consuls-General and Consuls may appoint
Vice-Consuls and Consular Agents in the towns, ports or localities of
their Consular districts, subject to the approval of the local
Government. These officials may be selected either from the subjects of one
or the other of the States concerned, or from foreigners, and are
furnished with a patent executed by the Consul by whom they have
been appointed and to whom they are subordinate. They are entitled
to the privileges and exemptions stipulated for by the above-mentioned
Conventions, except the following, viz. —exemption from the
payment of house-duties, military contributions, direct and personal
taxes, and duties on personal effects and luxuries, arrest and the
obligation to attend courts of law, &c. in person, when called upon
to give evidence.2

The right to appoint Russian Elective Consular Officers is also
expressly stipulated for in the treaties of commerce and shipping

1 Cons. Reg., Art. 9.

2 Arts. 2 and 3 of said Convention.

§§ 11, 12.

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