Agreement Governing the Use of the Short Form Definitive Recognition (Exequatur) Document for Honorary Consular Officers

October 21, 2014

For the purposes hereof, the term “Department” designates the Department of Foreign Affairs, Trade and Development which administers the Foreign Missions and International Organizations Act and manages the Honorary Consular Officer Accreditation Program.

The Department agrees to issue a Short Form Definitive Recognition Document, hereinafter called “Short Form Exequatur Document” (SFED), to an honorary consular officer based on an official request from the supervising foreign State. In exchange, the honorary consular officer agrees to comply with the terms and conditions of this agreement.

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Definitions

Definitive Recognition or Exequatur: The authorization from Foreign Affairs, Trade and Development Canada enabling the honorary consular officer to exercise his or her functions under Article 12 of the Vienna Convention on Consular Relations.

Honorary Consular Officer: Any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions in accordance with the provisions of Chapter III of the Vienna Convention on Consular Relations.

Guidelines: Refers to the Guidelines for the Establishment of Consular Posts Headed by Honorary Consular Officers and Appointments of Honorary Consular Officers

Website: The Department’s Offices of Protocol web section which provides access to the Guidelines, but also all guidelines, policies and circular notes relating to the diplomatic and consular corps in Canada.

Terms, Conditions and Other Instructions

The SFED remains the property of the Department and cannot be transferred to a third party. The honorary consular officer acknowledges that the SFED is issued, not for his/her personal benefit, but to ensure the efficient performance of the consular functions entrusted by the supervising foreign State. The honorary consular officer acknowledges that the SFED is not to be used for the benefit of another person or on his/her behalf or in the operation of a business or outside the consular district.

The SFED may not be used for illegal or illicit purposes, nor does it confer any immunity from arrest or detention, or even tax or customs privileges. The SFED is not a travel document and cannot be used at Canadian ports of entry.

Protection, Loss and Theft of the SFED

The Department may issue, renew, replace or revoke the SFED upon request from the supervising foreign State if the Department deems it appropriate. An honorary consular officer must notify the Department if the SFED is lost or stolen via the supervising foreign State.

Collection, Use and Disclosure of Personal Information

The honorary consular officer authorizes the Department to collect, use and disclose his/her personal information for the purpose of issuing the SFED. The collection, use and disclosure of personal information are governed by the Department’s policy in that regard, which is available on the website.

Termination of Agreement

This agreement shall be considered as automatically terminated when the functions of an honorary consular officer have ended in accordance with Article 25 of the Vienna Convention on Consular Relations, in which case the SFED must be returned for cancellation to the Department via the supervising foreign State.

Also, an honorary consular officer must return the SFED to the Department upon demand, including in cases where he/she has violated any of the conditions hereof.

Final Provisions

The first use of the SFED by an honorary consular officer confirms his or her acceptance of the terms and conditions hereof.