Procedure of accreditation of the staff of diplomatic missions

Procedure
of accreditation of the staff of diplomatic missions, consular offices, international organizations, their representative offices and their family members at the Ministry of Foreign Affairs of the Republic of Tajikistan

I. GENERAL PROVISIONS

1. This Procedure is elaborated in accordance with the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, the Vienna Convention on Consular Relations of 24 April 1963, the Convention on the Privileges and Immunities of the United Nations of 13 February 1946, international legal acts, recognized by Tajikistan and the applicable laws of the Republic of Tajikistan and determines the procedure for accreditation of and issuing accreditation cards to the staff of diplomatic missions, consular offices, international organizations, their representative offices (hereinafter referred to as “staff of the missions”), their family members,  as well as honorary consuls of foreign countries at the Ministry of Foreign Affairs of the Republic of Tajikistan.

2. According to the Procedure staff of the missions, their family members, as well as honorary consuls of foreign countries shall be accredited at the State Protocol Department of the Ministry of Foreign Affairs of the Republic of Tajikistan.

3. Staff of the missions, those citizens of the Republic of Tajikistan or persons permanently residing in the Republic of Tajikistan shall be registered at the State Unitary Enterprise "Tajdipservice" of the Ministry of Foreign Affairs of the Republic of Tajikistan in accordance with procedure approved by the Minister of Foreign Affairs of the Republic of Tajikistan.

4. Accreditation of other persons living with the staff of the missions, as well as issuing accreditation cards for these persons shall be based on the principle of reciprocity with the sending State.

5. The following basic concepts are used in this Procedure:
 
accreditation – the consent of the Republic of Tajikistan for the activity of staff of diplomatic missions, consular offices, international organizations, their representative offices, as well as honorary consuls of foreign countries in the Republic of Tajikistan, with the right to use certain privileges and immunities provided for in international legal acts recognized by Tajikistan;

personnel of diplomatic missions – the head and members of the diplomatic, administrative, technical and service staff of diplomatic missions of foreign states according to the Vienna Convention on Diplomatic Relations of 18 April 1961;

staff of the consular offices – the head of the consular office, consular employees and members of the administrative, technical and service staff of consular offices of foreign states according to the Vienna Convention on Consular Relations of 24 April 1963;

private domestic employee – a person who exercises the functions of domestic worker of a member of a foreign state and is not an employee of the accrediting State;

staff of international organization – the head and staff of international organizations and/or their representative offices, who carry out their activities in accordance with the laws of the Republic of Tajikistan and international legal acts recognized by Tajikistan, as well as their family members;

family members – spouse, under-age children, adult children who became disabled before reaching eighteen years-old age, as well as adult children up to 23 years, enrolled in higher education institutions of the Republic of Tajikistan.

II. PROCEDURE OF ACCREDITATION AND ISSUANCE OF ACCREDITATION CARDS

6. For the accreditation at the Ministry of Foreign Affairs, missions within seven working days after the arrival of the Republic of Tajikistan should submit the following documents to the State Protocol Department of the Ministry of Foreign Affairs:

а) note verbale/letter about accreditation of staff of the mission with specific information about accredited staff (position, duties, estimated terms of work, rank (for diplomatic staff), as well as information on instead of whom accredited staff is appointed);

b) standard application form in duplicate, signed personally by applicant and authenticated with the seal of the mission, with the application of two color photos of 3x4 cm. on the white background in printed version (Annex №1);

c) color photo on the white background 3x4 cm in JPEG format in CD;

d) two copies of passport, visa (if visa is required to enter the Republic of Tajikistan) and stamps in the passport indicating entry into the territory of the Republic of Tajikistan, certified with the seal of the mission;

d) a copy of certificate of marriage (for spouses);

e) a copy of an international legal instrument granting staff of international organization those of foreign nationals certain immunities and privileges, or an international treaty on the terms of stay of an international organization in the Republic of Tajikistan;

f) for the honorary consuls of foreign countries – a copy of the patent and consular exequatur.

7. Consideration of documents submitted pursuant to paragraph 6 of this Procedure and issuance of accreditation cards of the respective category shall be made within 15 working days. Ministry of Foreign Affairs of the Republic of Tajikistan may establish other terms on the basis of reciprocity in international relations.

8. In case of submission of an incomplete set of accompanying documents, application for accreditation shall not be considered.

9. Accreditation of family members of staff of the mission shall be conducted on the same basis as that of the staff of the mission.

10. The passport of person subject to accreditation must be valid for not less than six months before the expiration of accreditation card.

11. Consideration of documents for re-issuance of accreditation card upon expiration, in case of loss or theft shall be conducted after the submission of the required documents in accordance with paragraph 7 of this Procedure.

12. Extension of accreditation cards shall be made ​​after the return of expired accreditation cards.

13. Accreditation card of staff of the mission who completed tenure of employment in the Republic of Tajikistan, as well as expired accreditation card shall be returned to the Ministry of Foreign Affairs of the Republic of Tajikistan within 3 working days.

14. In the consideration of application for accreditation and issuance of accreditation cards, the Ministry of Foreign Affairs of the Republic of Tajikistan, taking into account the principle of reciprocity may accredit up to three employees of a non-resident mission of foreign state, including the head of mission and the military attaché.

15. The Ministry of Foreign Affairs of the Republic of Tajikistan, taking into account the principle of reciprocity, may accredit a certain number of employees of staff of the foreign mission, the size of which shall be determined on the basis of bilateral agreements or consultations between the Ministry of Foreign Affairs of the Republic of Tajikistan and the authorized body of the sending state.

16. The Ministry of Foreign Affairs of the Republic of Tajikistan reserves the right to deny accreditation of staff of the mission, without elucidation of the reason for refusal of accreditation.

III. CATEGORIES AND TERMS OF ACCREDITATION CARDS

17. The Ministry of Foreign Affairs of the Republic of Tajikistan issues accreditation cards for heads and staff of the missions, as well as for their family members according to their position and their corresponding status, as per the volume of their privileges and immunities, as defined in international legal acts recognized by Tajikistan.

18. Accreditation cards are divided into 5 (five) categories: (Annex №2)

«A»  
«D»
«S»
«HC»
«O»    

19. Accreditation card of «A» category shall be issued to the heads of diplomatic missions/Ambassadors Extraordinary and Plenipotentiary of foreign countries for up to 3 years.

20. Accreditation card of «D» category shall be issued to the following persons, those holders of diplomatic passport:

a) members of the diplomatic staff of diplomatic missions;
b) military, navy and air attaché ;
c) heads and officials of consular offices;
d) heads of the UN system organizations/agencies – holders of UN passport (Laissez Passer);
e) heads and staff of international organizations and/or their representative offices equated by status to the persons specified in subparagraph «a» of this paragraph;
f) family members of persons referred to in subparagraphs «a», «b», «c», «d», «e» of this paragraph.

Accreditation card of «D» category shall be issued:

a) for a period up to 3 years, for the persons specified in subparagraphs «a», «b», «c» and their family members;

b) for a period up to 2 years, for the persons specified in subparagraphs «d», «e» and their family members.

21. Accreditation card of «S» category shall be issued for a period specified in the application form, but not more than two years for the following categories of persons:

a) administrative and technical staff of diplomatic missions and consular offices and their families members, those holders of diplomatic or official/service passport;

b) staff members of international organizations and their representative offices, equated in status to the persons specified in subparagraph «a» of this paragraph, as well as their family members;

c) permanent employees of the organization of the UN system, those holders of UN passport (Laissez Passer), as well as their family members.

22. Accreditation card of «HC» category shall be issued for a period not exceeding 2 years for honorary consuls of foreign countries in the Republic of Tajikistan on the basis of reciprocity with the sending State.

Accreditation card will not be issued for the family members of honorary consul.

23. Accreditation card of «O» category shall be issued for a period of not more than 1 year for the following categories of persons:

a) members of the administrative and technical, and support staff of the missions, those not applicable to subparagraph «a» of paragraph 21 of this Procedure and their family members,;

b) staff members of international organizations, those not applicable to subparagraph «b» of paragraph 21 of this Procedure;

c) private domestic employee, those in the service of the heads and members of the staff of the missions.

24. For the staff of non-resident diplomatic missions, consular offices, the military, navy or air attaches of foreign state in the Republic of Tajikistan, accreditation cards of «A» and «D» categories shall be issued for the head and members of the diplomatic staff of diplomatic missions and consular offices, military, navy or air attaches, as well as their family members in due order and on the basis specified in this Procedure.

IV. PRIVILEGES AND IMMUNITIES

25. The following persons shall enjoy the privileges and immunities provided for in international legal acts recognized by the Republic of Tajikistan prior to their accreditation at the Ministry of Foreign Affairs of the Republic of Tajikistan:

a) ambassadors extraordinary and plenipotentiary of foreign countries - since crossing the border of the Republic of Tajikistan;

b) chargé d'affaires - from the moment of delivery of the message of the Ministry/Minister of Foreign Affairs of sending State to the Minister of Foreign Affairs of the Republic of Tajikistan on appointing him/her as the Chargé d'affaires;  

c) heads of consular offices of foreign countries – from the date of submission of consular patent to the Minister of Foreign Affairs of the Republic of Tajikistan.

26. Holders of accreditation card of «A» and «D» categories – persons specified in subparagraphs «a», «b», «d», «e» of paragraph 20 of this Procedure and their family members shall enjoy the privileges and immunities provided for in Articles 29 – 36 of the Vienna Convention on Diplomatic Relations of 18 April 1961 and international legal acts recognized by the Republic of Tajikistan, as well as persons referred to in subparagraph «c» of paragraph 20 of this Procedure and their family members shall enjoy the privileges and immunities provided for in articles 40, 41, 43, 44, 46 – 52 of the Vienna Convention on Consular Relations of 24 April 1963, respectively.

27. Holders of accreditation card of «S» category specified in subparagraphs «a» and «b» of paragraph 21 shall enjoy the privileges and immunities provided for in paragraph 2 of Article 37 of the Vienna Convention on Diplomatic Relations of 18 April 1961, and the persons referred to in subparagraph «c» of paragraph 21 of relevant privileges and immunities, which are defined for this category of persons in the Convention on the Privileges and Immunities of the United Nations of 13 February 1946 and the Convention on the Privileges and Immunities of the United Nations Specialized Agencies of November 21, 1947.

28. Holders of accreditation card of «HC» category, specified in paragraph 22 shall enjoy the privileges and immunities provided for in paragraph 2 of Article 58 of the Vienna Convention on Consular Relations of 24 April 1963. Thus these privileges and immunities shall not apply to acts performed by them off-duty and shall be liable in accordance with the laws of the Republic of Tajikistan.

29. Holders of accreditation card of «O» category shall enjoy the privileges provided for in the treaties signed between the Republic of Tajikistan and international organizations, as well as specified in the laws of the Republic of Tajikistan.

V. LIABILITY OF MISSIONS AND HOLDERS OF ACCREDITATION CARDS

30. Missions twice a year (in December and June) shall submit to the State Protocol Department of the Ministry of Foreign Affairs of the Republic of Tajikistan the list of staff of the mission, including the list of persons from among the nationals of the third countries who are employed by the mission (as per Annex №3).

31. Missions shall immediately notify the State Protocol Department of the Ministry of Foreign Affairs of the Republic of Tajikistan about:

a) change in the list of staff of the mission, their appointment, arrival and termination of functions and final departure;

b) change of the address of residence of accredited staff;

c) change of office phone numbers of the mission, phone numbers of the staff of the mission, including head of mission;

d) arrival and final departure of the family members and private domestic employees of the staff of the mission;

e) the termination of kinship of persons previously accredited at the Ministry of Foreign Affairs of the Republic of Tajikistan as a family member of the staff of the mission;

f) the loss of accreditation card with a written confirmation of internal affairs authority  of the Republic of Tajikistan certifying the appeal of the staff of the mission who lost accreditation card.

32. Holder of accreditation card, regardless of employment status shall be obliged:

a) to respect the laws and regulations of the host country;

b) not to interfere in internal affairs of the Republic of Tajikistan;

c) to use buildings of the mission, residences and vehicles only for the purposes consistent with the functions of the mission;

d) to respect the culture, customs, traditions and way of life of the peoples living in the Republic of Tajikistan and do not show intolerance for one or another nationality or religion;

e) to take good care of accreditation card;

f) to return accreditation card to the Ministry of Foreign Affairs of the Republic of Tajikistan upon final departure from the Republic of Tajikistan or dismissal regardless of the expiration date of accreditation.