Regulations, which differ from one country to another, prescribe the forms of official correspondence that may be exchanged between diplomatic missions and national authorities and of personal correspondence between diplomats and the same authorities.
It is the responsibility of the head of each mission to decide what
forms of correspondence his mission shall use in dealing with the authorities of the country where he exercises his functions. He will be guidedby local protocol and custom. In general, correspondence is replied to inthe same form as that used by the correspondent.
The general term "note" covers traditionally all formal correspondence exchanged between diplomatic missions and the governments of thecountries where they are situated. Notes can be in the first or third person form, formal or informal.
In the same capital, diplomatic missions often employ different practices. Some heads of mission sign all formal correspondence (notes, notes verbales, aides-memoire) and affix the official seal thereto, while others merely initial them. Affixing the seal of the mission is not generally practiced.
British diplomatic missions use only two kinds of formal notes: "the first person" note, and the "third person" note, with a preference for the former since the impersonal note is often considered to be not sufficiently flexible.
The "first person" note begins with: Your Excellency (Sir) and ends with the usual courtesy ending: / have the honour... etc. and the signature.
The other kind of note uses the following form:
Her Majesty's Principal Secretary of State for Foreign Affairs (or The British Ambassador, as the case may be), presents his compliments to... and has the honour... etc.
There is no courtesy ending.
The only other form of formal communication used is the aide-memoire or memorandum, which is a written statement handed over in the course of a personal discussion with the aim of recording, for the convenience of the other party, the details of a possibly complicated matter.
In the American diplomatic service the custom is to use, under the name of diplomatic correspondence, first person, third person, formal or informal style form. The different types of notes are distinguished by the form of salutation and the complimentary close currently used, and by the style of the signature.
Notes verbales, in the third form, are prepared in the name of the Secretary of State and initialed. Initialed memoranda are prepared in the mime of the Department of State. Aides-memoire, as well as pro-memoria, the object of which is to record a matter discussed, either formal or Informal, are initialed. Third person notes are dated and initialed and do not give the address of the recipient. (From "Diplomatic Ceremonial and Protocol" by J. Wood & J. Serres).
XXI. Suggest the English for:
... ; - ; ... ; ... 15 20__ ; ... ... ; ... , ....
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XXII. Translate the following notes into Russian paying attention to the words and phrases in bold type. Comment on their differences and similarities.
No.____
The Embassy of the Republic of... presents its compliments to the Protocol Department of the Ministry of Foreign Affairs of... and has the honour to inform the latter that His Excellency Mr. X., Ambassador Extraordinary and Plenipotentiary, returned to Moscow today and resumed charge of the Embassy.
The Embassy of the Republic of... avails itself of the opportunity to renew to the Protocol Department of the Ministry of Foreign Affairs of... the assurances of its highest consideration.
12 August 20___
Protocol Department
Ministry of Foreign Affairs
(city)
No.
Her Britannic Majesty's Embassy present their compliments to the Ministry of Foreign Affairs of... and have the honour to inform the Ministry that the Bill extending the United Kingdom Territorial Sea received the Royal Assent on 15 May 20__ and from that date the United Kingdom Territorial Sea will extend for twelve miles. The Embassy would be gratefulif this notice could be brought to the attention of the relevant... authorities. The Embassy avail themselves of this opportunity to renew to the Ministry of Foreign Affairs the assurance of their highest consideration.
British Embassy
(city),
28 July 20__.
XXIII.Study the passages below identifying the parts of a note they
belong to.
1. The Embassy of the United States of America presents its compliments In the Ministry of Foreign Affairs of... and has the honour to inform the latter that Colonel X. has been appointed as United States Military Attaché, his service record being attached.
2. Her Majestys Principal Secretary of State for Foreign and Commonwealth Affairs presents his compliments to Their Excellencies and Messieurs the Heads of Diplomatic Missions of... and has the honour to bring to their attention the following matter....
3. The Embassy would be grateful to the Ministry for any assistance it could render in promoting such cooperation.
4. The Embassy of... presents its compliments to the Ministry of Foreign Affairs of... and has the honour to inform it that His Excellency, Mr. X., Ambassador Extraordinary and Plenipotentiary, has temporarily left the country. During his absence, Mr. Y. will be in charge of the Embassy in the capacity of Charge d'Affaires.
5.Her Britannic Majesty's Embassy has the honour to inform the Ministry that Her Majesty's Ambassador, Sir..., has returned to... and resumed charge of the Embassy.
XXIV.Translate into English:
( )
No.___
( ) ( ) 5/1 20 20_ ( ).
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, .
()
21 20___
( )
( )
()
XXV. Précis the following text in about one-half of its size.
DIPLOMATIC PROTEST
Communications on foreign policy issues vary widely both in form and content. They may be oral and written: personal notes, verbal notes, aides-memoire, and manifestos; inquiries, reservations of rights, pro tests, or ultimatums.
A diplomatic protest is a communication in itself, which is usually directed by one government to another. Strictly speaking, such international bodies as the United Nations Organization or the Red Cross, which have a special status in international public law, are eligible to send and receive protests, while private organizations or individuals cannot protest in any recognized diplomatic way.
The communication must be transmitted through regular diplomatic channels. This usually implies a message going directly from one head of state to another or a message proceeding by way of the respective Foreign Offices. Therefore, a presidential message to Congress, a Congressional resolution, a decision of the Supreme Court, or a complaint by the Department of Commerce cannot be regarded as a diplomatic protest.
At the receiving end, protests addressed to governmental agencies other than the Foreign Office have no standing until they are referred to that Office. Regular diplomatic channels include not only the foreign minister but also his agents abroad: ambassadors, ministers, special emissaries, and in some cases consuls. Accredited diplomats may accept protests for reference to the home government and may initiate protests which have full validity unless repudiated by superiors. Consuls, military commanders in the field, and local political authorities are sometimes authorized channels.
Diplomatic protests need not be severe in tone. They may be mild and friendly or sharp and hostile. The word "protest" need not appear in the communication: the idea may be conveyed through varying phraseology ("demand", "insist", "earnestly insist", etc. all convey the idea of strength), as it is the substance, not the language that really matters.
As to its substance, diplomatic protest is in the nature of a complaint.
It expresses dissatisfaction with an official action or policy of the government to which it is addressed. Such policy or action may comprise public programmers or measures, like legislation or executive decrees concerning tariffs, immigration, commercial regulations, etc.
Of utmost importance as a distinguishing feature of protest is the basis which it is made. It should rest on the grounds that the act or policy in question violates either positive international law or what is asserted to be universally accepted morality.
XXVI. Study the text below, comment on its style and phraseology. Take note of the words and phrases in bold type.
Verbal note dated 3 May 20__ from the Ministry of Foreign Affairs
of (name of country) addressed to the Embassy of (name of country)
The Ministry of Foreign Affairs of the Republic of... presents its compliments to the Embassy of the Republic of... and, in reference to depositary notification of 22 May 20__, circulated by the United Nations Secretariat, concerning the ratification by the Government of the Republic of of the United Nations Convention on the Law of the Sea, has the honour to communicate the following:
The Republic of... considers that paragraphs 6 and 7 of the statement made by the Republic of... upon signature, and confirmed upon ratification, of the United Nations Convention on the Law of the Sea, in essence contain reservations and exceptions to the Convention, which are inadmissible under article 309 of the Convention. At the same time, this statement is incompatible with article 310 of the Convention under which States may make declarations and statements only "provided that such declarations and statements do not purport to exclude or to modify the legal effect of the provisions of this Convention in their application to that State".
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Paragraph 6 of the statement of the Republic of... affirms that "the concept of archipelagic waters is similar to the concept of internal waters under the Constitution of the Republic of... and removes straits connecting these waters with the economic zone or high sea from the rights of foreign vessels to transit passage for international navigation". Such a concept of the legal status of archipelagic waters is in contravention of part IV of the United Nations Convention on the Law of the Sea.
Proceeding from the foregoing, the Republic of... cannot recognize as lawful the statement of the Republic of... and considers it to be devoid of legal effect due to its discrepancy with the provisions of the United Nations Convention on the Law of the Sea.
The Ministry of Foreign Affairs of the Republic of... avails itself of this opportunity to renew to the Embassy of the Republic of... the assurances of its highest consideration.
XXVII.Complete the following verbal note supplying the information
you may find appropriate.
Her Britannic Majesty's Embassy present (s) their (its) compliments to ___ and have (has) the honour to refer to __________________ concerning_________. The Embassy have (has) the honour to inform____ on instructions from Her Majesty's Principal Secretary for Foreign and Commonwealth Affairs that_______
Her Britannic Majesty's Embassy avail(s) themselves (itself) of this
opportunity to renew to_____.
Note: In British diplomatic practice the collective nouns "embassy" and "ministry" may take the predicate-verb either in the singular or in the plural.
XXVIII. Write a verbal note on behalf of the Department of Foreign
Affairs, Prime Ministers Office, Fiji, using the information below.
Addressee: The Ambassador
Royal Netherlands Embassy
Wellington.
Date: 12 February 19.
Reference: 1173/15/1.
Subject: Reference to the Embassy's Note of 15 January 19__ concerning the Convention between the Netherlands and the United Kingdom regarding legal proceedings in Civil and Commercial matters.
Acceptance by the Government of Fiji of the proposal mentioned in the Embassy's Note regarding the said Convention.
XXIX. Write a note to the US Embassy in Moscow requesting visas. See
exhibit 64.
XXX. Speak on different types of diplomatic communications between
states, their style and composition.
OTHER DIPLOMATIC ACTS
AGREMENT
When one government wishes to accredit an ambassador or a minister to another government, it is necessary that the appointee should be approved by the government of the country to which he is being assigned. It is customary, in order to avoid personal embarrassments, to sound a foreign government privately before making a formal l application for agrement.
Article 4 of the Vienna Convention on Diplomatic Relations provides:
"1 The sending State must make certain that the agrement of receiving State has been given for the person it proposes to accredit as head of the mission to that State.
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2. The receiving State is not obliged to give reasons to the sending State for a refusal of agrement."
The sending state may, after it has given due notification to the receiving states concerned, accredit a head of mission or assign then member of the diplomatic staff, as the case may be, to more than one state, unless there is express objection by any of the receiving states.
It is only when the agrement is secured that the ambassador-designate should take steps to proceed to the receiving state. Even then he should move with leisurely dignity.
If he is a non-career diplomat, he will then discover that ambassadors do not start their jobs like ordinary mortals in less lofty walks of life. It is not good to book a seat on the first airplane to the foreign capital. In fact it is particularly undignified to appear too eager to get down to work. There is a certain stylized, slow-motion pace that must be observed. Several weeks are usually allowed to elapse before the announcement of the appointment and the departure.
There have been numerous cases of a refusal of agrement, the grounds ranging from the fact that the nomination was made suddenly and without previous notice of the facts that the proposedenvoy had made a speech critical of the receiving state, or the nominee had accorded ill treatment to the nationals of the receiving state.
It is not proper for one government to intimate in any way another that the appointment of a particular person as ambassador would be agreeable to it.
Agreation should be distinguished from agrement in that the former is the process of determining whether the proposed envois acceptable to the receiving state, while the latter is the approval of the nomination by the receiving state.
EXHIBIT 69
APPLICATION
FOR AGREMENT
No.___
The Embassy of the Republic of Austria presents its compliments to the Ministry of Foreign Affairs of Moldova and with reference to the Austrian Embassy's Note No. dated August 12, 20__regarding agreement to the appointment of Mr.... as Ambassador Extraordinary and Plenipotentiary of the Republic of Austria to Moldova with residence in Moscow, has the honour to inform that the Government of the Republic of Austria has decided to establish an Embassy in Kishinev in the near future with a resident Ambassador in the city. This new decision therefore rescinds the previous arrangement requested for Mr....
In this connection, the Austrian Government requests the agrement from Moldova for Mr.... as Ambassador of the Republic of Austria to Moldova with residence in Kishinev. The curriculum vitae of Mr.... is enclosed.
The Embassy of the Republic of Austria avails itself of this importunity to renew to the Ministry of Foreign Affairs of Moldova Hit; assurances of its highest consideration.
Moscow, October 19, 20 __
Ministry of Foreign Affairs
of Moldova
Kishinev
Attn.: the State Protocol Department, Ministry of Foreign Affairs
EXHIBIT 70
AGREMENT
MIINISTRY OF FOREIGN
AFFAIRS OF (name of country)
No. ____
The Ministry of Foreign Affairs of... presents its compliments lo the Embassy of... and has the honour to inform the latter that the Government of... approves of His Excellency Mr. X. being appointed as Ambassador Extraordinary and Plenipotentiary of to .
The Ministry avails itself of the opportunity to renew to the Embassy the assurances of its highest consideration.
Embassy of (name of country)
(city)
ASSIGNMENTS
I. Read the text and answer the checkup questions.
1. What is the usual procedure of appointing an ambassador or a minister to another government? 2. Why is it necessary to sound a foreign government privately before making a formal application for agrement? 3. What provisions are laid down in Article 4 of the Vienna Convention on Diplomatic Relations?
4. When is the appointment of an ambassador or a minister usually announced?
5. When can an ambassador-designate be admitted to the exercise of his functions? 6. What can be the reason for refusal of agrement? 7. How should agrement be distinguished from agreation?
II. Complete the following sentences using the required information from the above text.
1. When one government wishes to accredit an ambassador or a ministerto another government, it is necessary.... 2. The sending state may, after it has given due notification to the receiving states concerned,..., 3. Ambassadors do not start their jobs like.... 4. Several weeks are usuallyallowed to elapse before.... 5. There have been numerous cases of a refusalof agrement, the grounds ranging from... to....
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6. It is not properfor one government to intimate in any way to another that....
7. Agreation is the process of....
III. Define the following terms in English consulting the Glossary of
Diplomatic Terms if necessary.
accreditation, agreation, agrement, ambassador-at-large, ambassador - designate, charge d'affaires.diplomatic immunity.
IV. Study the texts in exhibits 69 and 70, point out words and phrase
pertaining to the formal style.
V. Memorize the phrases below, suggest their Russian equivalents.
1) a non-career diplomat; 2) the proposed envoy; 3) unless there ii express objection by any of the receiving states; 4) to accord ill-treatment to smb; 5) to accredit an ambassador to another government; 6) to announce an appointment;
7) to approve the appointee; 8) to give reasonsfor a refusal of (an) agrement; 9) to give due notification to the receiving state; 10) to make a formal application for (an) agrement; 11) to make a nomination; 12) to make a speech critical of the receiving state.
VI. Point out the root in the word "accredit" and give a few derivatives with this root.
VII. Suggest the English for:
1) ;
2) ; 3) , ; 4) -. ; 5) () .
VIII. Study the use of italicized words in different phrases, suggest their Russian equivalents.
AMBASSADOR
~ designate; A. Extraordinary; A. Plenipotentiary; A. Extraordinary and
Plenipotentiary; resident-; ~ at large; the newly appointed ~; in the
capacity of ~; to appoint an ~; to appoint smb as ~; to accredit an ~ to
another government; to confer the rank of ~; to exchange - s; to hold
the rank of ~; to raise to the rank of ~; to recall an ~.
AMBASSADORIAL
~ law; ~ rank; ~ talks; at the ~ level.
IX.Suggest the English for:
; ; ; ; ; ; .
X.Account for the use of the "Nominative Absolute" participial
construction in the following sentence from the text.
There have been numerous cases of a refusal of agrement, the grounds ranging from the fact that the nomination was made suddenly and without previous notice of the facts that the proposed envoy had made a speech critical of the receiving state, etc.
XI. Translate into Russian paying attention to the "Nominative Absolute" participial constructions.
I. Thedecision of the Chairman may be overruled by a two-thirds majority of the representatives present and voting, each having one vote. 2. All these facts, each being sufficiently significant on its own, show that thesituation is very grave. 3.A wide range of issues beingdiscussed, the dominant topic remains bilateral relations in the broad context of the all- European process. 4.The world is in a process of swift changes, and it is not withinanyone's power to maintain a perpetual status quo in it. It consistsof many dozens of countries, each having legitimate interests of its own. 5.Done at Geneva this twenty-first day of November, one thousand nine hundredand ninety-five in a single copy in the English and French languagesboth texts being equally authentic.
XII. Reproduce the following in English using the suggested terminology.
(1961), , : (nuncio), (envoy) (internuncio). (tobeaccreditedto) . (charged'affaires) - .
(diplomaticrank), . , (theauthorities), . , .
: , -, (counselor), , , , (attache). - , . , . , , (militaryAttache), - (airattache), - (navalattache). , .
, , , . (department), . (pressattache).
(seniority) . . . , , . , (byvirtueof) , , (charged'affairesadin-prim). (envoyextraordinaryandplenipotentiary) . ( ).
XIII. Translate into Russian.
No._____
The Ministry of Foreign Affairs of the Russian Federation presents its compliments to the Embassy of the Republic of Indonesia in Moscow and has the honour to inform the Embassy that the Government of the Russian Federation has agreed to the appointment of
Mr....
As Ambassador Extraordinary and Plenipotentiary of the Republic of Indonesia to the Russian Federation.
TheMinistryofForeignAffairsoftheRussianFederationavailsitself of thisopportunitytorenewtotheEmbassyoftheRepublicofIndonesiain Moscowtheassurancesofitshighestconsideration.
Moscow,2November20___
XIV. Translate into English.
( )
( ) ( ) () (,) ( ).
(), .
, .
()
렠 ()
( )
()
* * *
( )
__
( ) ( ) , ( ) ( ) ( ) ( ).
, .
() ()
( )
()
XV.Speak on the lay-out of notes applying for agrement, their lexical andstylistic peculiarities.
3.2 CONSULAR COMMISSIONAND EXEQUATUR
Consuls are appointed by the sending state and are admitted to the exercise of their functions by the receiving state. In most states the appointment of consular representatives as well as admission foreign consuls fall within the competence of the departments concerned with foreign affairs.
The head of a consular post is provided by the sending state with a document, in the form of a commission or similar instrument, made out for each appointment, certifying his capacity and showing, as a general rule, his full name, category and class, his consular district and the seat of the consular post. A consular commission is sometimes referred to as letters patent or lettres de provision.
The sending state transmits the consul's commission or similar Instrument through the diplomatic or other appropriate channel to the government of the state in whose territory the head of a consularpost is to exercise his functions.
The official recognition of a consul by the Head of State of the country to which he is assigned is called the "exequatur". This term also applies to the formal instrument evidencing such recognition, literally, "let him perform".
Sometimes the recognition is given by means of the word "exequatur", written across the consul's commission. The exequatur authorizes the consul to discharge all the functions of his officeand serves as the evidence of his official character to the local authorities in his consular district.
Article 12 of the Vienna Convention on Consular Relation
Provides:
1. The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization.
2. A State which refuses to grant an exequatur is not obliged give to the sending State reasons for such refusal.
If the sending state refuses or fails within a reasonable time carry out its obligations, the receiving state may, as the case may be, either withdraw the exequatur from the person concerned or cease to consider him as a member of the consular staff.
A person appointed as a member of a consular post may ha declared unacceptable before arriving in the territory of the receiving state, or, if already in the receiving state, before entering on his duties with the consular post. In any such case, the sending state shall withdraw his appointment.
The right of a receiving state to refuse to issue the exequatur or to revoke it after it has been issued is undisputed.
EXHIBIT 71
CONSULAR
COMMISION
THE DEPARTMENT OF STATE
OF THE UNITED STATES OF AMERICA
to all to whom these presents shall come, greeting:
I certify that... has been assigned Consul General of the United States of America at (city), (name of country) for (city) and its prescribed district, with all the privileges and authorities of right appertaining to that office, subject to the conditions prescribed by law.
In testimony whereof, I...., Secretary of State of the United States of America, have hereunto subscribed my name and caused I he Seal of the Department of State to be affixed.
Done at the City of Washington this... day of... in the year of our Lord one thousand nine hundred and... and the... year of the Independence of the United States of America.
(signed)
EXHIBIT 72
CONSULAR
EXEQUATUR
The Department of Foreign Affairs and Trade presents its compliments to the Ministry of Foreign Affairs of (name of country) and has
the honour to refer to the Ministry's Note No.____ of 15 November 20____ which nominates the head of a consular post in accordance with Article 11 of the Vienna Convention on Consular Relations.
In accordance with Article 12 of the Vienna Convention on Consular Relations,
(name)
is by this Exequaturadmitted to the exercise of his functions as Honorary Consul of (name of country) at (city) with jurisdiction throughout (name of country).
The Department of Foreign Affairs and Trade avails itself of the opportunity to renew to the Ministry of Foreign Affairs of (name of country) the. assurances of its highest consideration.
(city)
24November 20__.
(signed)
Chief of Protocol
ASSIGNMENTS
I. Read the text and answer the checkup questions.
I. Within whose competence is the appointment of consuls and consular representatives? 2. What is necessary for the head of a consular post to admitted to the exercise of his functions in the receiving state? 3. What is the name of an instrument certifying a person's capacity and showing lilt full name, category and class, as well as his consular district and the; of the consular post? 4. In which way is the consul's commission similar instrument transmitted to the government of the receiving state 5. What is the name of the official recognition of a consul by the Head of State? 6. Why is the receiving state which refuses to grant an exequatur not obliged to give reasons for such refusal? 7. In which case can the exequatur be withdrawn from the person concerned?
II. Fill in each blank with the suitable word or expression from the text.
1. Consuls are... by the sending state and are admitted to the... of their functions by the receiving state. 2. The... was revoked on the ground that the consular officer had published a letter that was objectionable to the receiving state. 3. The head of a consular post is provided by the sending state with a document, in the form of a... or similar..., certifying his. 4. The right of a receiving state to refuse to... the exequatur or to... it after it has been... is undisputed. 5. The official recognition of a consul by theHead of State of the country to which he is assigned is called the
6. A state which refuses to... an exequatur is not obliged to give the sending
state reasons for such refusal.
III. Paraphrase the words and expressions in bold type in the sentences below.
I. Upon the assignment of a consular officer, his commission is sent to the diplomatic representative accredited to the government within whose competence the consular office concerned is situated. 2. The diplomatic representative forwards the commission to the foreign office of the receiving Male with a request that the Head of State recognize the consul, and in evidence of which, give him an authorization. 3, When received, the authorization together with the commission is sent by the diplomatic representative to the consulate to which the officer is assigned. 4. Before the authorization is granted - and this takes a few months the diplomatic representative may request for provisional recognition for the consular office. S. Provisional recognition gives the consul the right to perform his functions to the full extent. 6. The receiving state may either withdraw its authorization from the person concerned or cease to consider him as a member of the consular staff. 7. The exequatur may be refused because of offensive conduct on the part of the consular officer.
IV.Define the following terms in English consulting the Glossary of diplomatic Terms if necessary.
exequatur, full powers, laisser-passer, letters of credence, persona non grata, Vice-consul, visa.
V. Study the texts in exhibits 71 and 72, point out words and phrases pertaining to the formal style.
VI. Memorize the phrases below, suggest their Russian equivalents.
I) the appointment of a consular representative; 2) a consular district;3) the head of a consular post; 4) the local authorities; 5) the official recognition of a consul; 6) the seat of a consular post; 7) before arriving in the territory of the receiving state; 8) within one's competence; 9) within a reasonable time; 10) to carry out one's obligations; 11) to cease to consider smb as a member of the consular staff; 12) to declare smb unacceptable.
VII. Study the use of italicized words in different phrases, suggest their Russian equivalents.
CONSULAR
~agent;~archives;~bag;-charges;~commission;~corps;~correspondence;~district;~employee;~establishment;~functions;~identitycard;~immunity;~officer;~post;~pouch;~premises; ~relations;~service;~staff.
EXEQUATUR
theissuanceofan~;beforeobtainingthe~;pendingdeliveryofan ~ toissue(grant)an~;toobtain(receive)an~;torevoke(withdraw) an~;torefusetograntan~.
VIII. SuggesttheEnglishfor:
1);2), ;3) , ;4),-.;5) ;6) ;7) ;8) ; 9);10)() ();11);12) .
IX. Make up a few sentences according to the models:
Model I.Theheadofaconsularpostisadmittedtotheexerciseofhis functionsbyanauthorizationfromthereceivingStatetermed anexequatur,whatevertheformofthisauthorization.
, , .
Model 2. Anymemberofacommittee,commissionorsubsidiarybody mayrequesttheChairmantoaccordtherighttospeaktoother membersofhisdelegation,whatevertheirstatus.
, , ,.
X. Translate into English making use of the suggested words and phrases.
I. (toenteruponone'sduties) .2.(pendingdeliveryof) (onaprovisionalbasis) (tobeadmittedto).3. ,(evenprovisionally),, (tonotifyof) (thecompetentauthorities).4., (toensure),, (thedutiesofone'soffice) (tobenefitfrom),.5. , (to actprovisionallyas) (anactingheadof).
XI. Translate into Russian.
Persona Non Grata
ThereceivingStatemayatanytime,andwithouthavingtoexplainits decision, notifythesendingStatethroughdiplomaticchannelsthatthe exequaturorotherauthorizationtothehead,ofaconsulatewasrecalled orthatanyconsularofficerorconsularemployeeispersonanongrata. InsuchacasethesendingStateshallaccordinglyrecallsuchconsular officeroremployeeoftheconsulateifhehasalreadystartedtocarryout hiswork.IfthesendingStatefailswithinareasonabletimetocarryoutthis obligation,thereceivingStatemayrefusetorecognizesuchapersonas consularofficeroremployeeoftheconsulate.
XII. Study the texts below, use them for two-way translation.
ProcedureforAppointmentof HeadofConsulate
1. Prior to the appointment of the head of a consulate, the sending State shall obtain the approval of the receiving State to such an appointment through diplomatic channels.
2. After the approval is obtained, the diplomatic mission of the sending State shall transmit to the foreign' affairs ministry of the receiving State a consular commission or another document about the appointment of the head of a consulate. The commission or another document shall contain the full name of the head of the consulate, his citizenship, his rank, the consular district assigned to him, and the seat of the consulate.
3.After the presentation of the commission or another document about the appointment of the head of the consulate the receiving State shall give him within the shortest possible time and free of charge an exequatur or other authorization.
4.The head of the consulate may enter upon the exercise of his duties after the receiving State issues him an exequatur or other authorization.
1. .
2. , , , . , , , , , .
3. .
4. ,
XIII. Precis the following text in about one-third of its size.
Commissions may be granted to the following classes of consular officers: consul-general, consul, vice-consul and consular agent. The relationship among consular titles, diplomatic ranks and foreign service officer classes may be indicated as follows:
Occasionally, other titles, such as consul-general at large, vice-consul general, deputy consul-general, deputy consul, emissary, commercial agent, adjunct consul, private consul, consular functionary, junior vice consul and consular attache, have been used by various countries at Different times.
The rank of a consular agent must be given a separate treatment. Some treaties omit this classification altogether. Even where consular agents are classified as consular officers, they in effect form a class of their own and are more akin to honorary consuls than career consuls in respect of profession, training, functions, remuneration, jurisdiction, nationality and mode of appointment. Thus, on the whole, consular agents are permitted to engage in other occupations for gain in the receiving state, to have no previous consular training, to perform only certain types of consular duties, to receive fees for their services in lieu of salaries and to be nationals of whatever country. Moreover, they are usually under the direct jurisdiction of the superintending consular post and are appointed by the head of the foreign office rather than the head of state.
According to French usage, the term "consular agents" is synonymous with "honorary consuls." In recent French consular treaties, however, a slight distinction is made between a consular agent and an honorary consul: while the former is appointed with the consent of the receiving state by the superintending consular officer who will issue his certificate of appointment, no comparable provision exists with respect to the letter's appointment. In either case, he may engage in other occupations for gain in the receiving state and may be a national of the sending state, the receiving state, or a third state.
The United States practice may be briefly described. Consular agents and acting consular agents are appointed by the Secretary of State upon the recommendation of the supervisory post to assist the post having territorial jurisdiction (the supervisory post) in the performance of limited consular services which are defined and authorized by certain statutes and regulations. They are under the direct supervision of the principalconsular officer in the district in which they are located. Consularagents (or acting consular agents) are appointed for specific duties at specific locations and are not transferable.
While preference should be given to qualified American citizens, in their absence, non-citizens may also be appointed as consular agents or acting consular agents. They are in turn classified into three categories, based upon the importance of their services, the volume of work and salaries received.Their receipt of set salaries renders antiquated the definition that consular agents are unsalaried officers who receive fees for services.
A basic difference exists between career consuls and non-career, honorary consuls. In general, career consuls (also called consules missi, consuls de carriere,salaried consuls and professional consuls) are public officials and nationals of the sending state and are not engaged in private business of any kind. Honorary consuls (also called consules etecti, consuls marchands,non-career consuls, unsalaried consuls) on the other hand, are permitted to engage in gainful employment in addition to their consular duties and are selected locally from residents of the receiving stale, whether nationals ofthe receiving, sending, or a third state.
XI V. Speak on the lexical and stylistic peculiarities of consular commissions and exequaturs.
