CONSULAR CONVENTION BETWEEN THE GOVERNMENT
OF THE MONGOLIAN PEOPLE’S REPUBLIC AND GOVERNMENT
OF THE UNITED STATES OF AMERICA

The Mongolian People's Republic and the United States of America, endeavoring to develop, to strengthen, and to expand friendly relations between the two States and wishing to regulate consular relations and thus to facilitate the protection of the rights and interests of their nationals,

Affirming that the Vienna Convention on Consular Relations of April 24, 1963 shall govern matters not specifically addressed by the provisions of this Convention,

Have decided to conclude a consular convention and have agreed upon the following articles:

PART I
DEFINITIONS

ARTICLE 1
DEFINITIONS

1. For the purpose of the present Convention, the terms listed below shall have the following meanings:

(a) "Consular post" means a consulate general, consulate, vice consulate, or consular agency;
(b) "Consular district" means the area assigned to a consular post for the exercise of consular functions;
(c) "Head of a consular post" means the consul general, the consul, the vice consul or the consular agent who has been appointed by the sending State to head the consular post;
(d) "Consular officer" means any person, including the head of a consular post, who has been appointed by the sending State to perform consular functions;
(e) "Consular employee" means any person who performs administrative or technical functions at a consular post;
(f) "Member of the service staff" means any person employed in the domestic service of a consular post;
(g) "Member of a consular post" means any consular officer, consular employee, or member of the service staff;
(h) "Members of the family" means the spouse, minor children and other members of the family of a member of the consular post forming part of their households;
(i) "Consular premises" means the buildings, parts of buildings, and the ancillary grounds thereto used exclusively for the purpose of a consular post, regardless of ownership;
(j) "Consular archives" includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card-indexes and any article of furniture intended for their protection or safekeeping;
(k) "Vessel of the sending State" means any vessel sailing under the flag of the sending State, other than military vessels;
(l) "Aircraft of the sending State" means any aircraft flying under the nationality and registration marks of the sending State, in accordance with the law of the sending State, other than military aircraft;
(m) "Law" means all national or local laws and regulations, as well as decisions of courts and other legislative, judicial, or administrative bodies, having the force of law.

2. The provisions of this Convention relating to nationals of the sending State shall also apply to legal entitles of the sending State, where appropriate.

PART II
ESTABLISHMEST OF CONSULAR POSTS AND
APPOINTMENT OF MEMBERS OF CONSULAR POSTS

ARTICLE 2
ESTABLISHMENT OF CONSULAR POSTS

1. A consular post may be established in the territory of the receiving State only with the consent of that State.

2. The sending State and the receiving State shall agree upon the seat of the consular post, its classification, and its consular district, as well as any changes pertaining thereto.

ARTICLE 3
APPOINTMENT OF THE HEAD OF A CONSULAR POST

1. The sending State shall forward to the receiving State through diplomatic channels a written notification or commission of the appointment of the head of the consular post. This notification or commission shall contain the full name, nationality, sex and rank of the head of the consular post, a brief biography, the date on which he or she will begin to exercise his or her functions, the classification and seat of the consular post, and the consular district.

2. The receiving State, upon receipt of the written notification or commission of the appointment, shall, if there is no objection to the appointment of the head of the consular post, grant the exequatur or other form of authorization as soon as possible and free-of-charge. If the receiving State objects to the appointment of said person, there is no obligation to give an explanation.

3. The receiving State may permit the head of a consular post to exercise his or her functions on a provisional basis prior to his or her receipt of the exequatur or other form of authorization from the receiving State.

4. As soon as the head of a consular post is admitted even provisionally to the performance of his or her functions, the receiving State shall immediately notify the competent authorities of the consular district. It shall also ensure that the necessary measures are taken to enable the head of the consular post to carry out the duties of his or her office.

ARTICLE 4
APPOINTMENT OF OTHER MEMBERS OF THE CONSULAR POST

1. The sending State shall, in advance, in writing, notify the receiving State of the arrival date, full name, nationality, rank, and class of each consular officer appointed to a consular post.

2. Within thirty days of the occurrence of the event, the sending State shall also notify the receiving State in writing of:
(a) the date of arrival, full names, and nationality of consular employees;
(b) the final departure or termination of members of a consular post, as well as other changes affecting their status which may take place while they are working in the consular post;
(c) the arrival or departure of a member of the family of the member of the consular post and also when a person becomes a member of the family or ceases to be a member of the family;
(d) the employment or dismissal of a member of the consular post who is a national or permanent resident of the receiving State.

3. The receiving State shall issue appropriate documents to members of the consular post and to member of their families. This provision does not include the nationals or permanent residents of the receiving State.

ARTICLE 5
NATIONALITY OF MEMBERS OF THE CONSULAR POST

1. A consular officer shall be a national of the sending State, and not a national or permanent resident of the receiving State.

2. A consular employee may be a national of the sending State, a national of the receiving State, or a national of a third State.

ARTICLE 6
TERMINATING FUNCTIONS OF MEMBERS OF A CONSULAR POST

1. The receiving State may through diplomatic channels notify the sending State at any time and without having to explain the reason that a consular officer is persona non grata, or a consular employee is an unacceptable person. Under these circumstances, the sending State must recall the said person or terminate his or
her functions.

2. If the sending State does not carry out its obligation as indicated in paragraph 1 of this Article within an appropriate period of time, the receiving State may refuse to recognize the said person as a member of the consular post.

ARTICLE 7
TEMPORARY EXERCISE OF THE FUNCTIONS OF
THE HEAD OF A CONSULAR POST

1. If the head of a consular post is unable for any reason to carry out his or her functions or is temporarily absent, or if the position of the head of the consular post is vacant, the sending State may appoint a consular officer belonging to the same
consular post or to another consular post of the sending State in the receiving State, or a member of the diplomatic staff of its mission in that State, to act as temporary head of the consular post. The full name of the person concerned shall be notified in advance and in writing to the Ministry of Foreign Affairs or Department of State, respectively, of the receiving State.

2. The person who is temporarily carrying out the functions of the head of the consular post shall be entitled to perform all the functions of the head of a consular post and to enjoy the privileges and immunities granted to a head of a consular post according to this Convention.

3. A member of the diplomatic staff of the diplomatic mission, temporarily acting as the head of a consular post shall continue to enjoy the privileges and immunities accorded to him or her by virtue of diplomatic status, except as provided under Article 35, paragraph 3 of this Convention.

ARTICLE 8
THE OPERATION OF A CONSULAR POST AND
PROTECTION OF CONSULAR OFFICERS

1. The receiving State shall accord full facilities for the establishment of the proper conditions for the normal operation of a consular post and for the performance of its functions.

2. The receiving State shall treat the consular officers with respect and take all appropriate steps to protect their person, freedom, and dignity against attack and to ensure that the consular officers can perform their functions and enjoy the
privileges and immunities indicated in this Convention.

ARTICLE 9
ACQUISITION OF CONSULAR PREMISES AND RESIDENCES

1. The receiving State, guided by the principles of reciprocity and equitable costs, shall facilitate the acquisition or construction and the occupancy of consular premises and residences of members of the consular post. Any issues relating to consular premises and residences of members of consular posts shall be subject to mutual agreement between the sending State and the receiving State.

2. The sending State shall comply with applicable building, city planning, and land use laws as they pertain to the acquisition or construction and occupancy of consular premises and residences of members of the consular post.

PART III
PRIVILEGES AND IMMUNITIES

ARTICLE 10
USE OF THE NATIONAL FLAG AND EMBLEM

1. The national emblem of the sending State and the inscription of the consular post, written in the languages of the sending State and the receiving State, may be affixed to the building in which the consular post is located, and also on or by the entrance of the door of the consular post.

2. The flag of the sending State, as well as the consular flag, may be flown at the consular post, at the residence of the head of the consular post and on the means of transport when used in official duties.

ARTICLE 11
INVIOLABILITY OF THE CONSULAR PREMISES

1. The consular premises are inviolable. The authorities of the receiving State may not enter the consular premises without the consent of the head of the consular post or the head of the diplomatic mission of the sending State, or a person designated by one of these persons. The consent of the head of the consular post may be assumed, however, in case of fire or other disaster requiring prompt protective action.

2. The consular premises, its furnishings, other property thereon, and the means of transport of the consular post shall be immune from search, requisition, attachment, or execution. The consular premises, its furnishings, other property thereon, and the means of transport of the consular post shall be immune from
any form of requisition for purposes of national defense or public utility. If for the needs of the national defense or other public purposes expropriation becomes necessary, all possible measures must be taken by the receiving State to avoid interference with the performance of consular functions and promptly to pay adequate and effective compensation to the sending State.

3. The receiving State is responsible for taking all appropriate steps to protect the consular premises from attack and damage and to prevent disturbance of the peace of the consular post and impairment of its dignity.

4. The first, second, and third paragraphs of this Article shall likewise apply to the residence of the head of the consular post.

ARTICLE 12
INVIOLABILITY OF CONSULAR ARCHIVES

The consular archives shall be inviolable wherever they may be and at all times.

ARTICLE 13
FREEDOM OF COMMUNICATIONS

1. A consular post is entitled to exchange communications with its government, diplomatic mission and other consular posts of the sending State. For this purpose, the consular post may employ all means of communications, diplomatic and consular couriers, ciphers and codes, and diplomatic and consular mail. The consular post shall install and use a wireless transmitter solely with the consent of the receiving State.

2. With respect to public means of communication, the same conditions shall be applied in the case of a consular post of the sending State as are applied in the case of the diplomatic mission of the sending State.

3. The official correspondence of a consular post, regardless of the means of communications employed, as well as sealed consular bags and other containers, provided they bear visible external marks of their official character, shall be inviolable. They may contain nothing other than official correspondence and articles which are intended exclusively for official use.

4. The official correspondence of a consular post, including consular bags and other containers, as described in paragraph 3 of this Article, shall neither be opened nor detained. Nevertheless, if the competent authorities of the receiving State have serious reason to believe that such bags or other containers contain other than official correspondence and documents, or articles which are not intended exclusively for official use, they may request that such bags or other containers be opened in their presence by an authorized representative of the sending State. If this request is refused by the authorities of the sending State, the bags or containers shall be returned to their place of origin.

5. The consular couriers of the sending State shall be protected in the performance of their functions while in the territory of the receiving State. The consular courier shall enjoy personal inviolability and shall not be liable to any form
of arrest or detention. The provisions of this paragraph shall likewise apply to ad hoc couriers, except that their immunities shall cease when the consular bag has been handed over to the consignee.

6. The captain of a vessel or the pilot of an aircraft may be entrusted with the consular mail. He or she shall be provided with an official document indicating the number of containers in the shipment. He or she is not considered to be a courier. By arrangements with the appropriate authorities of the receiving State, and in compliance with safety laws of the receiving State, a consular officer may personally take the consular mail directly and freely from the captain of the vessel or the pilot of the aircraft, or may in that manner deliver such a bag to the captain or to the pilot.

ARTICLE 14
PERSONAL INVIOLABILITY OF CONSULAR OFFICERS

1. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.

2. Except in the case specified in paragraph 1 of this Article, consular officers shall not be committed to prison or liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.

3. If criminal proceedings are instituted against a consular officer, he or she must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him or her by reason of his or her official position and, except in the case specified in paragraph 1 of this Article, in a manner which will hamper the exercise of consular functions as little as possible. When, in the circumstances mentioned in paragraph 1 of this Article, it has become necessary to detain a consular officer, the proceedings against him or her shall be instituted with the minimum of delay.

ARTICLE 15
IMMUNITIES FROM JURISDICTION OF THE RECEIVING STATE

1. Members of the consular post shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions.

2. The provisions of paragraph 1 of this Article shall not, however, apply in respect of a civil action either:

(a) arising out of a contract concluded by a member of a consular post in which he or she did not contract expressly or impliedly as an agent of the sending State;
or
(b) by a third party for damage arising from an accident in the receiving State caused by any means of transport.

ARTICLE 16
IMMUNITY FROM GIVING TESTIMONY

1. Members of a consular post may be requested to give evidence as witnesses in judicial or administrative proceedings. If a consular officer declines to give evidence, no coercive measures shall be taken, or penalty assessed, against him or her. Consular employees are not entitled to decline to give evidence with the exception of the cases referred to in paragraph 2.

2. Members of a consular post are entitled to decline to give evidence as witnesses with regard to matters falling within the performance of their official functions and to decline to produce any official document and official correspondence. They ace also entitled to decline to give evidence as experts on the law of the sending State, as well as on its application and interpretation.

3. The authorities of the receiving State requesting evidence from a member of a consular post shall take all steps to avoid interference with the performance of his or her official functions. Where it is possible, the evidence may be given at the consular premises or at the residence of the member of the consular post, or it may be given in a written form.

ARTICLE 17
WAIVER OF IMMUNITY

1. The sending State may waive with regard to a member of the consular post, any of the privileges and immunities provided for in Articles 14, 15 and 16 of this Convention. Except as provided in paragraph 2 of this Article, such waiver shall always be express and in writing.

2. The initiation of civil or administrative proceedings by a person enjoying immunity from jurisdiction under this Convention shall preclude that person from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim.

3. The waiver of immunity from jurisdiction with respect to civil and administrative proceedings shall not be held to imply a waiver of immunity with respect to execution of judgment, for which a separate waiver shall be required.

ARTICLE 18
FREEDOM OF MOVEMENT

Members of the consular post and their families may travel freely within the territory of the receiving State, in areas other than zones into which entry is prohibited or restricted for reasons of national security.

ARTICLE 19
APPLICABILITY OF PRIVILEGES AND IMMUNITIES

1. Without prejudice to the provisions of paragraph 2 of Article 16 of this Convention, members of the consular post who are nationals or permanent residents of the receiving State shall enjoy the privileges and immunities provided for in this Convention only in so far as these are granted to them by the receiving State. The receiving State, however, shall exercise its jurisdiction over these persons so as not to interfere unduly with the performance of the consular functions of the consular post.

2. Members of the family of a member of the consular post who are themselves nationals or permanent residents of the receiving State shall enjoy the privileges and immunities provided for in this Convention only in so far as these are granted to them by the receiving State.

ARTICLE 20
BEGINNING AND END OF CONSULAR PRIVILEGES AND IMMUNITIES

1. Every member of the consular post shall enjoy the privileges and immunities provided in the present Convention from the moment he or she enters the territory of the receiving State to take up his or her assignment or, if already in its territory, from the moment he or she begins his or her duties with the consular post.

2. Members of the family of a member of the consular post shall receive the privileges and immunities referred to in the present Convention from the moment referred to in paragraph 1 of this Article or from the date of their entry into the territory of the receiving State, or from the date of their becoming a member of such family, whichever is latest.

3. When the functions of a member of the consular post have come to an end, his or her privileges and immunities, and those of the members of his or her family, shall normally cease at the moment when the person concerned leaves the receiving State, or after the passage of a reasonable period of time in which to do so, whichever is sooner. In the case of the persons referred to in paragraph 2 of this Article, their privileges and immunities shall come to an end when they cease to belong to the household of a member of the consular post; provided, however, that if such persons intend to leave the receiving State within a reasonable period of time thereafter, their privileges and immunities shall continue until the time of their departure.

4. However, with respect to acts performed by a member of a consular post in the exercise of his or her functions, immunity from jurisdiction shall continue to exist without limitation of time.

5. In the event of the death of a member of the consular post, the members of his or her family shall continue to enjoy the privileges and immunities accorded to them until they leave the receiving State or until the passage of a reasonable period of time enabling them to do so, whichever is sooner.

ARTICLE 21
RESPECT FOR LAWS OF THE RECEIVING STATE

1. All persons who enjoy the privileges and immunities accorded under this Convention shall, without prejudice to their own privileges and immunities, be obligated to respect the law of the receiving State.

2. Members of the consular post shall not interfere in the internal affairs of the receiving State.

3. Members of the consular post shall comply with any requirement imposed by the laws of the receiving State in respect of insurance against third party risks arising from the use of any means of transport.

ARTICLE 22
EXEMPTION OF CONSULAR POSTS FROM PROPERTY TAXATION

1. The sending State shall be exempt in the receiving State from all national and municipal taxes, charges and fees with respect to the acquisition, occupation, maintenance and disposition of:

(a) grounds, buildings, and parts of buildings referred to in Article 9 of this Convention and used exclusively for consular purposes or as residences of consular officers who are not nationals or permanent residents of the receiving State, provided that the premises in question are owned or leased or otherwise held in the name of the sending State in accordance with the law of the receiving State;
(b) movable property owned or used exclusively for the purpose of a consular post; and
(c) transactions and instruments relating to the acquisition or disposition of the property referred to in paragraph (1) (a) of this Article.

2. The provisions of paragraph 1 of this Article shall not apply to:

(a) payment for specific services rendered; or
(b) such dues and taxes under the law of the receiving State, if they are payable by a person contracting with the sending State or with a person acting on its behalf.

ARTICLE 23
EXEMPTION OP MEMBERS OF A CONSULAR POST FROM TAXATION

1. Consular officers and consular employees and members of their family, provided that the person concerned is not a national or a permanent resident of the receiving State, shall be exempt in the receiving State from all national and municipal taxes and fees, including taxes and fees imposed on movable property that he or she owns.

2. The provisions of paragraph 1 of this Article shall not apply with respect to:

(a) indirect taxes that are, as a rule, contained in the price of goods or services;
(b) fees and taxes on private immovable property situated within the receiving State unless an exemption is provided under Article 22 of this Convention;
(c) taxes on the transfer or instruments effecting the transfer of property, including taxes related to succession, collected by the receiving State;
(d) taxes and fees on private income, the sources of which is situated within the receiving state;
(e) court, mortgage, and administrative fees, unless an exemption is provided under Article 22 of this Convention;
(f) fees collected for specific services rendered.

3. Consular officers and consular employees who employ persons whose wages or salaries are not exempt from income tax in the receiving State shall observe the obligations which the laws and regulations of the State impose upon employers concerning the levying of income tax.

ARTICLE 24
EXEMPTION OF SALARIES PROM TAXATION

A member of the service staff of the consular post who is not a national or a permanent resident of the receiving State shall be exempt in the receiving State from taxes and fees with respect to salary, wages, allowances, and related benefits received in connection with the discharge of his or her official functions.

ARTICLE 25
EXEMPTION FROM CUSTOMS DUTIES AND EXAMINATION

1. All items, including means of transport, imported for the official use of a consular post, in conformity with the law of the receiving State, shall be exempt from all customs duties and all fees of the receiving State.

2. All items imported for the personal use of a consular officer and members of his or her family, including items for the initial equipment of his or her household, provided that the person concerned is not a national or a permanent resident of the receiving State, shall be exempt from all customs duties and all
fees relating to their importation. A consular employee who is not a national or permanent resident of the receiving State shall enjoy the same privileges and exemptions specified in this Article with respect to items imported at the time of first installation.

3. The exemptions provided in paragraphs 1 and 2 of this Article shall not apply to fees relating to transport, storage, and similar charges for such items.

4. The items designed for personal use shall not exceed the quantity required for direct use by the person concerned.

5. The personal baggage of consular officers and members of their families, provided that the person concerned is not a national or permanent resident of the receiving State, shall be exempt from customs inspection. It may be inspected only in cases when there is serious reason to believe that it contains items
other than those mentioned in paragraph 2 of this Article or items, the importation of which is prohibited by the law of the receiving State or which are subject to its quarantine law. Such an inspection must be undertaken in the presence of the consular officer concerned or a member of his or her family or a person authorized by the consular officer or a member of his or her family to represent the consular officer.

ARTICLE 26
EXEMPTION OF MOVABLE PROPERTY FROM TAXATION IN CASE OF DEATH

If a member of a consular post or a member of his or her family dies and leaves movable property in the receiving State, no estate, succession, inheritance or other tax or fee on the transfer of property at death shall be imposed by the receiving State with respect to that property, provided that the deceased person was not a national or a permanent resident of the receiving State, and that the presence of the property in that State was due solely to the presence of the deceased in his or her capacity as a member of a consular post or as a member of his or her family. Such moveable property may be exported unless export was prohibited at the time of death.

PART IV
EXEMPTIONS

ARTICLE 27
EXEMPTION FROM MILITARY SERVICE AND OTHER OBLIGATIONS

1. Members of a consular post, and members of their families, shall be exempt in the receiving State from obligations and services of a military nature, from any kind of compulsory services, and from any contributions that may be due in lieu
thereof.

2. Members of a consular post and members of their families shall likewise be exempt from obtaining permission to reside in the receiving State, and with respect to services rendered foe the sending State, from obtaining work permits required by the law of the receiving State.

3. The provisions of paragraph 2 of this article shall not, however apply to any consular employee who is not a permanent employee of the sending State or who engages in any private gainful occupation in the receiving State or to any member of the family of any such employee.
4. Nationals and permanent residents of the receiving State shall, when otherwise obliged by the law of the receiving State, fulfill the obligations and services to which this Article pertains.

PART V
CONSULAR FUNCTIONS

ARTICLE 28
GENERAL CONSULAR FUNCTIONS

1. A consular officer may perform consular functions having the following objectives:
(a) to protect the rights and interests of the sending State and its nationals in the receiving State; and
(b) to render assistance in expanding economic, trade, cultural and scientific relations and tourism between the two countries in order to strengthen friendly relations between the sending and receiving States.

2. A consular officer may ascertain by all lawful means the political, economic, commercial, cultural and scientific developments and conditions of the receiving State, and report thereon to the government of the sending State.

3. A consular officer may perform other consular functions assigned to him or her by the sending State which are not prohibited by the law of the receiving State or to which the receiving State does not object.

ARTICLE 29
EXECUTION OF CONSULAR FUNCTlONS

1. The consular officer shall execute consular functions only within his or her consular district.

2. The consular officer may execute consular functions outside of his or her consular district only with the consent of the receiving State.

3. In performing consular functions, the consular officer may:

(a) communicate with competent local authorities of the consular district; and
(b) transmit and communicate, via the Ministry of Foreign Affairs or the Department of State, with competent central authorities of the receiving State, if allowed by the law of the receiving State.

4. A consular post may levy in the territory of the receiving State consular fees authorized under the law of the sending State for consular acts. Any such sums levied shall be exempt from all dues and taxes in the receiving State.

ARTICLE 30
NOTARIAL FUNCTIONS AND THEIR LEGAL EFFECTS

1. A consular officer may perform the following notarial functions, according to the laws of the sending State:
(a) draw, attest, certify, legalize or otherwise validate legal acts and documents required by a national of the sending State for use outside of the territory of the receiving State, or required by any person for use in the sending State, provided that such acts of consular officers are not contrary to the law of the receiving State;
(b) translate any document issued by the authorities or officers of the sending State or the receiving State and certify the accuracy of the translation;
(c) take voluntary sworn testimony of any person for judicial or administrative proceedings pending before the courts of the sending State; and
(d) perform all other notarial functions provided for by the law of the sending State which are not contrary to the law of the receiving State.

2. Legal acts and documents issued, translated or certified by a consular officer in accordance with paragraph 1 of this Article shall have equal legal effect and evidentiary value in the receiving State as documents issued, translated or certified by the competent authorities of the receiving State, provided such acts and documents have been drawn and executed in a manner not inconsistent with the law of the receiving State.

ARTICLE 31
FUNCTIONS RELATING TO NATIONALITY, CIVIL STATUS AND TRAVEL

A consular officer may perform the following functions:
(a) keep a register of nationals of the sending State;
(b) receive applications and declarations relative to nationality of citizens of the sending State, and issue respective documents;
(c) issue, extend and revoke travel documents of nationals of the sending State;
(d) register the births and deaths of nationals of the sending State; and
(e) issue and, if empowered, extend visas issued to persons wishing to travel to or through the sending State.

ARTICLE 32
SERVING JUDICIAL AND OTHER DOCUMENTS

A consular officer shall be entitled to serve judicial and other documents on nationals or permanent residents of the sending State in accordance with existing international agreements which are in force between the sending and receiving States, or, in the absence of such agreements, to the extant permitted by the law of the receiving State.

ARTICLE 33
REPRESENTATION OF INTERESTS OF THE NATIONALS
OF THE SENDING STATE

1. A consular officer shall be entitled to represent in the consular district, in accordance with the law of the receiving State, nationals of the sending State before the authorities of the receiving State, if they are unable, for reasons of absence or for other serious reasons, to assume the defense of their rights and interests at the proper time. The representation shall continue until the represented person appoints his or her representative or assumes the defense of his or her rights and interests.

2. A consular officer shall be entitled, within the consular district, to establish and maintain contact with any national of the sending State, to provide him or her with counsel and all necessary assistance and, if necessary, to take steps to secure legal assistance for him or her.

3. Nothing in this Article, however, shall be construed to authorize a consular officer to act as an attorney-at-law.

ARTICLE 34
NOTIFICATION CONCERNING THE DEATH OF
A NATIONAL OF THE SENDING STATE

1. Whenever the competent authorities of the receiving State learn of the death of a national of the sending State in the receiving State, they shall immediately notify the appropriate consular officer and, upon request, send to the consular post of the sending State a copy of the death certificate or other documentation confirming the death.

2. A consular officer shall be entitled to receive, from competent local authorities in the consular district, information concerning the estate, heirs, and legatees of the deceased national of the sending State, and if one exists, a copy of the will of the deceased.

3. A consular officer shall also be entitled to receive, from competent local authorities in the consular district, the information referred to in paragraph 2 of this Article, in instances in which a national of the sending State has an interest
in the estate of a person who dies in the receiving State.

ARTICLE 35
FUNCTIONS RELATING TO ESTATES

1. A consular officer shall be entitled:
(a) to take appropriate measures with respect to the protection and conservation of the estate of a deceased national of the sending State who has left property in the receiving State. In this connection, the consular officer may approach the competent authorities of the receiving State with a view towards protecting the interests of a national of the sending State who is not a permanent resident of the receiving State, unless or until a representative has been appointed by such national. The competent authorities of the receiving State may be requested to permit the consular officer to be present at the inventorying and sealing and, in general, to take an interest in the proceedings concerning the estate; and
(b) to safeguard the interests of a national of the sending State, who has, or claims to have, a right to property left in the jurisdiction of the receiving State by a deceased person, regardless of the letter's nationality, if that interested national Is not in the receiving State or does not have a representative there, to the extent permitted by the law of the receiving State.

2. A consular officer of the sending State shall be entitled to receive for transmission to a national of the sending State who is not a permanent resident of the receiving State any money or other property to which such national is entitled as a consequence of the death of another person, unless the court, agency, or person making distribution directs that transmission be effected in a different manner. For purposes of this Article, money or other property shall include shares in an estate, payments made pursuant to employees' compensation law, pension and social benefits systems in general, and proceeds of insurance policies. The court, agency, or person making distribution may require that a consular officer comply with conditions laid down with regard to:

(a) presenting a power of attorney or other authorization from such national residing outside the receiving State;
(b) furnishing reasonable evidence of the receipt of such money or other property by such national; and
(c) returning the money or other property in the event he or she is unable to furnish such evidence.

3. The consular officer shall exercise the functions provided by paragraphs 1 and 2 of this Article in compliance with the law of the receiving State and shall be subject in this respect to the civil jurisdiction of the receiving State to the same extent as a national of the receiving state. Further, nothing in these articles shall authorize a consular officer to act as an attorney-at-law.

ARTICLE 36
FUNCTIONS RELATING TO GUARDIANSHIPS AND TRUSTEESHIPS

1. The competent authorities of the receiving State shall notify the consular post in writing of instances in which it is necessary to establish a guardianship or trusteeship for a national of the sending State who is not of age or is not in a
position to perform legal acts, or over property of a national of the sending State located in the receiving State when, for whatever reason, such property cannot be administered by the national of the sending State.

2. A consular officer may, in accordance with the law of the receiving State, recommend to the courts or other competent authorities of the receiving State appropriate persons to act in the capacity of guardians or trustees for nationals of the sending State or for the property of such nationals when this property is
left without supervision.

ARTICLE 37
COMMUNICATION WITH NATIONALS OF THE SENDING STATE

1. In all instances when a national of the sending State is placed under any form of limitation of personal freedom, the competent authorities of the receiving State shall inform the consular post of the sending State without delay, and, in any event, within seventy-two hours. Upon request, the consular officer shall be immediately informed of the reason for the national's being placed under limitation of personal freedom.

2. The competent authorities of the receiving State shall, without delay, inform the national of the sending State of the rights accorded him or her by this Article to communicate with a consular officer.

3. A consular officer shall be entitled to receive from, and send to, a national of the sending State who is under any form of limitation of personal freedom correspondence or other forms of communication and take appropriate measures to assure legal assistance and representation for him or her.

4. A consular officer shall be entitled to visit a national of the sending State who is under any form of limitation of personal freedom, to converse and correspond with him or her in the language of the sending State or of the receiving State and to arrange for legal representation for him or her. These visits shall take place as soon as possible but, in any event, shall be permitted no later than twenty-four hours from the time of notification to the consular post of the sending State. No longer than one month shall be allowed to pass in between visits requested by the consular officer.

5. In the case of a trial of a national of the sending State in the receiving State, the appropriate authority shall, at the request of a consular officer, inform such officer of the charges against such national and shall permit the consular officer to be present during the trial of such national and any subsequent appeal proceedings.

6. A national to whom the provisions of this Article apply may receive from a consular officer parcels containing food, clothes, medicine and reading materials to the extent the applicable regulations of the institution in which he or she is
detained so permit.

7. The rights contained in this Article shall be exercised In conformity with the law of the receiving State, subject to the proviso, however, that the law must be applied so as to give full effect to the purposes for which these rights are intended.

8. The provisions of this Article relating to nationals of the sending State shall likewise apply to persons who are considered by the receiving State to be nationals of the receiving State if the person has entered the receiving State for
a temporary stay on the basis of a valid sending State passport or other lawful travel document of the sending State and has received from the receiving State a valid entry visa or other appropriate document authorizing entry into the receiving State. The provisions of this paragraph shall continue to apply to such persons even though the period for which they have been authorized to remain in the receiving State has expired due to the pendency of judicial or administrative proceedings preventing voluntary departure. Such persons shall also be permitted to leave the receiving State without the necessity of obtaining documentation from the receiving State other than that normally required of aliens present in the receiving State who have not been involuntarily detained.

9. The receiving State shall in no way infringe upon the right of a national of the sending State to communicate with, or visit, the consular post of the sending State.

10. A consular officer of the sending State may request the assistance of the authorities of the receiving State in ascertaining the whereabouts of a national of the sending State. The authorities of the receiving State shall do everything
possible to provide all relevant and available information.

ARTICLE 38
FUNCTIONS RELATING TO VESSELS OF THE SENDING STATE

1. A consular officer shall be entitled to render every assistance and aid to a vessel of the sending State which is in a port or in the territorial or internal waters of the receiving State, as well as to its crew and passengers. A consular officer
may proceed on board the vessel as soon as it has been given permission to establish contact with the shore. Crew members of the vessel may immediately contact the consular officer.

2. A consular officer may perform the following functions with regard to the vessel of the sending State:
(a) investigate, without prejudice to the rights of the authorities of the receiving State, any incident occurring on board a vessel, question any crew members, and examine the vessel's papers;
(b) take statements with regard to its voyage and destination and generally facilitate the vessel's entry into, stay in, and departure from a port;
(c) settle, without prejudice to the rights of the authorities of the receiving State, disputes between the captain and any crew member of the vessel, to the extent permitted under the law of the sending State;
(d) make arrangements for medical treatment for, or the repatriation of, any crew member or any passenger of the vessel;
(e) receive, draw up or certify declarations or other documents prescribed by the law of the sending State in connection with vessels.

3. If the competent authorities of the receiving State intend to take any coercive or investigative measures with respect to the vessel of the sending State or its captain or any crew member, they shall immediately inform the consular officer. If the competent authorities of the receiving State do not succeed in notifying or if the consular officer has not been present, then they shall as soon as possible provide the consular officer with information with regard to what has taken place and the measures already taken.

4. The provisions of paragraph 3 of this Article shall also apply in any case in which the competent authorities of the port area intend to question crew members ashore.

5. The provisions of paragraph 3 of this Article shall not, however, apply to any routine customs, immigration or public health examination by the competent authorities of the receiving State, nor to any action taken at the request of, or with the consent of, the captain of the vessel.

6. If a vessel of the sending State sustains damage in the receiving State, or if property of the sending State or its nationals forming part of the cargo of a damaged vessel of any State is found on the coast or in the territorial or internal
waters or is brought into a port of the receiving State, the competent authorities of the receiving State shall, as soon as possible, notify the consular officer. They shall also inform the consular officer of measures already taken for the preservation of the vessel, its passengers, crew members, cargo, property and articles.

7. The consular officer may render every assistance to the damaged vessel of the sending State and its crew members and passengers.
For this purpose he or she may:

(a) take measures for the repair of the vessel;
(b) if the captain or the owner or the underwriter of the vessel or other person authorized to represent its interests is unable to make necessary arrangements in
connection with the vessel or its cargo, make such arrangements on their behalf.

8. The consular officer may request the assistance of the competent authorities of the receiving State in the preservation of life and cargo, and the repair of the vessel.

9. No customs duties shall be levied against a damaged vessel of the sending State or its cargo or stores, unless they are delivered for use in the receiving State.

10. The consular officer may request assistance from the competent authorities of the receiving State in any matter with respect to the performance of his or her functions relating to the vessel of the sending State.

ARTICLE 39
FUNCTIONS RELATING TO AIRCRAFT

The relevant provisions of Article 38 shall also apply to aircraft of the sending State in a manner not contarary to the provisions of any international agreement in force between the sending State and the receiving State.

PART VI
OTHER PROVISIONS

ARTICLE 40
PERFORMANCE OF CONSULAR FUNCTIONS BY A DIPLOMATIC MISSION

1. Consular functions may be performed by a diplomatic mission in the receiving State on behalf of the sending State. The provisions of this Convention relating to consular functions shall apply in the case of consular functions being performed by a diplomatic mission.

2. The diplomatic mission shall communicate to the Ministry of Foreign Affairs or to the Department of State, as applicable, of the receiving State, the names, ranks, and official positions of the members of the diplomatic staff who shall perform consular functions.

3. The members of the diplomatic staff who perform consular functions shall continue to enjoy diplomatic privileges and immunities subject to the requirements of Article 35, paragraph 3 of this Convention.

ARTICLE 41
PERFORMANCE OF CONSULAR FUNCTIONS ON BEHALF OF A THIRD STATE

Upon notification to the receiving State, a consular officer may perform consular functions in the receiving State on behalf of a third country, unless the receiving State objects.

ARTICLE 42
TEMPORARY EXERCISE OF CONSULAR FUNCTIONS

Upon notification to the receiving State and, unless the receiving State objects, a consular officer of the sending State assigned to a third State may exercise consular functions in the receiving State on a temporary basis. Nonetheless, a consular officer who is assigned to the receiving State for a period of less than 30 days will not be accorded privileges and immunities in the receiving State.

ARTICLE 43
REPRESENTATION OF THE SENDING STATE
AT INTERNATIONAL ORGANIZATIONS AND MEETINGS

Upon notification to the receiving State, a consular officer may represent the sending State at international organizations and meetings, unless the receiving State objects. In such instances, the privileges and immunities relating to international organizations and meetings shall be enjoyed during the period of representation. With respect to the performance by the consular officer of any consular functions, however, the consular officer shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under this Convention.

PART VII
FINAL PROVISIONS

ARTICLE 44
ENTRY INTO EFFECT AND RENUNCIATION

1. This Convention shall be subject to ratification in accordance with the constitutional provisions in force in each of the two countries. It shall enter into force 30 days following an exchange of instruments of ratification.

2. This Convention shall apply throughout the territory of each of the Contracting Parties. Any disputes concerning the interpretation or implementation of this Convention shall be settled through diplomatic channels.

3. Either of the Contracting Parties may terminate this Convention at any time, and it shall cease to remain in force six months following the date of receipt of notice of termination by the other State.

IN WITNESS WHEREOF, the undersigned being duly authorized by their respective Governments have signed this Convention.

DONE at, Ulaanbaatar in duplicate, this second day of August, 1990, in the Mongolian and English languages, each text being equally authentic.

FOR THE GOVERNMENT OF THE ********FOR THE GOVERNMENT OF THE
MONGOLIAN PEOPLE'S REPUBLIC:***** UNITED STATES OF AMERICA: