Page:United States Statutes at Large Volume 47 Part 2.djvu/372

 1978 Refusal to accept appointed consuls. Recognition. PAN AMERICAN CONSULAR CONVENTION. FEB. 20, 192R. ARTICLE 5 States may lJfuse to accept consuls appointed in their territory or subject the exercise of consular. functions to certain special obligations. ARTICLE 6 The consul can be reco~zed as such only after having J?resented Gti vi I al his commission and obtamed the exequatur of the state m whose ~ti:.Pro s on territory he is to serve. Provisional recognition can be granted upon the request of the legation of the consul pending the delivery in due form of the exequatur. AII/f, p. 1m. Officials appointed under the terms of Article 4 are likewise subject to this formality and in such case it rCbts with the respective consul to request the exequatur. AlrnCLE 7 th20:31, 11 June 2014 (UTC) The exequatur having been obtained, it shall be presented to the district. authorities of the consular district, who shall J?rotect the consul in the exercise of his functiJns and guarantee to hIm the immunities to which he is entitled. Withdrawal of exe- quatur. AlmCLE 8 The territorial government may at any time withdraw the consul's exequatur, but, except in ur~ent cases, It shall not have recourse to this measure without preVIOUsly attempting to obtain from the consul's government his recall. AlrnCLE 9 ant:ltfh:!lh :an:: In case of the death, disability or absence of consular agents any lar agents. of the assistant employees whose official position has been previously made known to the mmistry of foreign 8.1fairs or the depart~ent of state, may temporarily assume the consular functions; while thus engaged he shall enjoy all the rights and prerogatives correspond- ing to the permanent official. Exercise of law of ooDSUl's sta~. AlrnCLE 10 Consuls shall exercise the functions that the law of their state confers upon them, without prejudice to the legislation of the country where they are serving. AlrnCLE 11 OO~tatlODII (J IL the exercise of their functions, consuls wall deal directly with the authorities of their district. Should their representations not be heeded} they may then pursue them before the government of the state tnrough the intermediary of their diplomatic representative, but should not communicate dIrectly with the government except in the absence or non-existence of a diplomatic representative. ARTICLE 12 When dl.plomatlc In case of the absence of a diplomatic representative of the consul's representative of con- d rtak hd'I .. h sol's state absent. state, the consul may un e e SUC If> omatlc actIOns 8S t e government of the state in which he functions may permit in such cases.