Diplomatic rank
A
consul
is an official representative of a government who resides in a foreign country to assist and protect
citizens
of the consul's country, and to promote and facilitate commercial and diplomatic relations between the two countries.
[1]
A consul is generally part of a government's
diplomatic corps
or
foreign service
, and thus enjoys certain privileges and protections in the host state, albeit without full
diplomatic immunity
.
[2]
Unlike an
ambassador
, who serves as the singular representative of one government to another, a state may appoint several consuls in a foreign nation, typically in major cities; consuls are usually tasked with providing assistance in bureaucratic issues to both citizens of their own country traveling or living abroad and to the citizens of the country in which the consul resides who wish to travel to or trade with the consul's country.
[3]
This building on
Luis de Camoes Square
in
Lisbon
, Portugal was the site of the Consulate-General of
Brazil
for more than a century.
[4]
Origin and history
Antecedent: the classical Greek
proxenos
In
classical Greece
, some of the functions of the modern consul were fulfilled by a
proxenos
. Unlike the modern position, this was a citizen of the host polity (in Greece, a
city-state
). The proxenos was usually a wealthy merchant who had
socioeconomic
ties with another city and who helped its citizens when they were in trouble in his own city. The position of proxenos was often
hereditary
in a particular family. Modern honorary consuls fulfill a function that is to a degree similar to that of the ancient Greek institution.
Historical development of the term
Consuls
were the highest
magistrates
of the
Roman Republic
and
Roman Empire
. The term was revived by the
Republic of Genoa
, which, unlike Rome, bestowed it on various state officials, not necessarily restricted to the highest. Among these were Genoese officials stationed in various Mediterranean ports, whose role included duties similar to those of the modern consul (i.e., helping Genoese merchants and sailors in difficulties with the local authorities).
The
consolat de mar
was an institution established under the reign of
Peter IV of Aragon
in the fourteenth century, and spread to 47 locations throughout the Mediterranean.
[5]
It was primarily a judicial body, administering
maritime
and
commercial law
as
lex mercatoria
. Although the
consolat de mar
was established by the
Cortes of Aragon
, the consuls were independent from the King. This distinction between consular and diplomatic functions remains (at least formally) to this day. Modern consuls retain limited judicial powers to settle disputes on ships from their country (notably regarding the payment of wages to sailors).
The
consulado de mercaderes
was set up in 1543 in
Seville
as a merchant guild to control trade with
Latin America
. As such, it had branches in the principal cities of the Spanish colonies.
The connection of "consul" with trade and commercial law is retained in French. In Francophone countries, a
juge consulaire
(consular judge) is a non-professional judge elected by the
chamber of commerce
to settle commercial disputes in the first instance (in France, sitting in panels of three; in Belgium, in conjunction with a professional magistrate).
Lubeck
In the social life of 19th-century
Lubeck
as depicted in
Thomas Mann
's novel
Buddenbrooks
? based on Mann's thorough personal knowledge of his own birthplace ? an appointment as the consul of a foreign country was a source of considerable social prestige among the city's merchant elite. As depicted in the book, the position of a consul for a particular country was in practice hereditary in a specific family, whose mansion bore the represented country's coat of arms, and with that country confirming the consul's son or other heir in the position on the death of the previous consul. As repeatedly referenced by Mann, a consul's wife was known as "Konsulin" and continued to bear that title even on the death of her husband. Characters in the book are mentioned as consuls for
Denmark
, the
Netherlands
and
Portugal
.
Colonial and similar roles
Concessions and extraterritoriality
European consuls in the Ottoman Empire
Role and duties
Consulate-General of Indonesia in Houston
is
Indonesia
's representation in
Houston
,
Texas
, United States
Consulate of
Kazakhstan
in
Omsk
,
Russia
The office of a consul is a
consulate
and is usually
subordinate
to the state's main representation in the capital of that foreign country (host state), usually an
embassy
or ? between
Commonwealth
countries ?
high commission
.
[6]
Like the terms
embassy
or
high commission
,
consulate
may refer not only to the office of consul, but also to the building occupied by the consul and their staff. The consulate may share premises with the embassy itself.
Consular rank
A consul of the highest rank is termed a
consul-general and
is appointed to a
consulate-general
. There is typically one or more
deputy consuls-general
,
consuls
,
vice-consuls
, and
consular agents
working under the consul-general. A country may appoint more than one consul-general to another nation.
A consul general (CG) (plural: consuls general) is an official who heads a consulate general and is a consul of the highest rank serving at a particular location.
[7]
A consul general may also be responsible for
consular districts
which contain other, subordinate consular offices within a country.
[8]
The consul general serves as a representative of their state in the country where they are located, although ultimate jurisdiction over the right to speak on behalf of a home country within another country belongs to the single ambassador.
Another definition is the leader of the consular section of an embassy. This consul general is a diplomat and a member of the ambassador's country team.
Authority and activities
Consuls of various ranks may have specific legal authority for certain activities, such as notarizing documents. As such, diplomatic personnel with other responsibilities may receive consular
letters patent
(commissions). Aside from those outlined in the
Vienna Convention on Diplomatic Relations
, there are few formal requirements outlining what a consular official must do. For example, for some countries, consular officials may be responsible for the issue of visas; other countries may limit "consular services" to providing assistance to compatriots, legalization of documents, etc. Nonetheless, consulates proper will be headed by consuls of various ranks, even if such officials have little or no connection with the more limited sense of consular service.
Activities of a consulate include protecting the interests of their citizens temporarily or permanently resident in the host country, issuing
passports
; issuing
visas
to foreigners and
public diplomacy
. However, the principal role of a consulate lies traditionally in promoting trade?assisting companies to invest and to import and export goods and services both inwardly to their home country and outward to their host country. Although it is not admitted publicly, consulates, like embassies, may also gather
intelligence
information from the assigned country.
Consular districts
Contrary to popular belief, many of the staff of consulates may be career diplomats, but they do not generally have
diplomatic immunity
unless they are also accredited as such. Immunities and privileges for consuls and accredited staff of consulates (
consular immunity
) are generally limited to actions undertaken in their official capacity and, with respect to the consulate itself, to those required for official duties. In practice, the extension and application of consular privileges and immunities can differ widely from country to country.
Consulates are more numerous than diplomatic missions, such as
embassies
. Ambassadors are posted only in a foreign nation's capital (but exceptionally outside the country, as in the case of a multiple mandate, e.g., a minor power may accredit a single ambassador with several neighbouring states of modest relative importance that are not considered important allies).
Consuls are posted in a nation's capital, and in other cities throughout that country, especially centres of economic activity and cities with large populations of
expatriates
. In the United States for example, most countries have a consulate-general in
New York City
(the home of the
United Nations
), and some have consulates-general in
other major cities
.
Consulates are subordinate posts of their home country's diplomatic mission (typically an
embassy
, in the capital city of the host country). Diplomatic missions are established in
international law
under the
Vienna Convention on Diplomatic Relations
, while consulates-general and consulates are established in international law under the
Vienna Convention on Consular Relations
. Formally, at least within the US system, the consular career (ranking in descending order: consul-general, consul, vice-consul, honorary consul) forms a different hierarchy from the diplomats in the strict sense. However, it is common for individuals to be transferred from one hierarchy to the other, and for consular officials to serve in a capital carrying out strictly consular duties within the
consular section
of a diplomatic post, e.g., within an embassy.
[
citation needed
]
Between
Commonwealth
countries, both diplomatic and consular activities may be undertaken by a
High Commission
in the capital, although larger Commonwealth nations generally also have consulates and consulates-general in major cities. For example,
Toronto
,
Sydney
and
Auckland
are of greater economic importance than their respective national capitals, hence the need for consulates there.
Hong Kong
When
Hong Kong
was under
British administration
,
diplomatic missions
of
Commonwealth
countries, such as Canada,
[9]
Australia,
[10]
New Zealand
,
[11]
India,
[12]
Malaysia
,
[13]
and
Singapore
[14]
were known as
commissions
. After the
transfer of sovereignty
to
China
in 1997, they were renamed
consulates-general
,
[15]
with the last commissioner becoming consul-general.
[16]
However, the Australian commission had been renamed the consulate-general in 1986.
[17]
Owing to Hong Kong's status as a
special administrative region
of
China
, some countries' consulates-general in Hong Kong report directly to their respective
foreign ministries
, rather than to their embassies in
Beijing
, such as those of
Canada
,
[18]
the
United Kingdom
[19]
and the
United States
.
[20]
Honorary consul
Honorary consulate of
Poland
in
Jerusalem
Honorary consulate of
Portugal
in
Mindelo
,
Cape Verde
Some consuls are not career officials of the represented state. They may be local people with the nationality of the sending country,
[21]
and in smaller cities, or in cities that are very distant from full-time diplomatic missions, a foreign government which feels that some form of representation is nevertheless desirable may appoint a person who has not hitherto been part of their diplomatic service to fulfill this role. Such a consul may well combine the job with their own (often commercial) private activities, and in some instances may not even be a citizen of the sending country. Such consular appointments are usually given the title of
honorary consul
or
consul
ad honorem
.
Such hosting and appointing varies from nation to nation, with some doing both, one or the other, or neither. The transparency also varies, with some nation-states not even including such information on the websites of their foreign ministries. Too, some do not use the honorary consul system at all.
[22]
[23]
The United States of America limits whom it will recognise as honorary consuls and grants only some limited rights.
[notes 1]
In some cases "accused terror financiers, arms traffickers and drug runners" have misused their position as honorary consuls.
[26]
Despite their other roles, honorary consular officers (in the widest use of the term) in some instances also have responsibility for the welfare of citizens of the appointing country within their
bailiwick
.
[27]
For example, the Embassy of
Finland
states that the tasks of
Finland's Honorary Consulate
include monitoring the rights of Finns and permanent residents of Finland residing in the area in which the consulate is located, providing advice and guidance for distressed Finnish citizens and permanent residents traveling abroad to that area, and assisting them in their contacts with local authorities or the nearest Finnish embassy or consulate. Certain types of notarized certificates can be acquired through an honorary consul. Together with diplomatic missions, an honorary consul promotes economic and cultural relations between Finland and the country in question and takes part in strengthening Finland's image abroad. An honorary consul can advise Finnish companies, for instance, in obtaining information about local business culture and in finding cooperation partners.
[27]
See also
- ^
Chisholm, Hugh
, ed. (1911).
"Consul"
.
Encyclopædia Britannica
. Vol. 7 (11th ed.). Cambridge University Press. pp. 20?22.
- ^
"Consul | government official | Britannica"
.
www.britannica.com
. Retrieved
3 April
2023
.
- ^
"Consul | government official | Britannica"
.
www.britannica.com
. Retrieved
3 April
2023
.
- ^
_new Brazilian Consulate address, Lisbon, 2015, Rua Antonio Maria Cardoso, nº 39.
[1]
- ^
"Consulados de Barcelona".
La Vanguardia
. 7 November 2008.
- ^
Nelson, Spence (11 October 2022).
"What is a U.S. Consulate?"
.
The National Museum of American Diplomacy
. Retrieved
15 November
2022
.
- ^
"Responsibilities - Finland abroad"
.
United States of America
. Retrieved
15 November
2022
.
- ^
Canada, Global Affairs (3 May 2021).
"Consulate General of Canada to the United States, in Miami"
.
GAC
. Retrieved
15 November
2022
.
- ^
2 China Dissidents Granted Asylum, Fly to Vancouver
Archived
29 July 2015 at Wikiwix,
Los Angeles Times
, 17 September 1992
- ^
Australian Commission Office Requirements
,
Sydney Morning Herald
,
18 August 1982
- ^
Dye, Stuart (28 April 2006).
"NZer's credibility under fire in Hong Kong court"
.
NZ Herald
. Retrieved
17 February
2023
.
- ^
Sharma, Yojana (12 February 1996).
"HONG KONG: Indians in Limbo as 1997 Hand-over Date Draws Nearer"
.
Inter Press Service
. Archived from
the original
on 24 September 2015
. Retrieved
17 February
2023
.
- ^
Gomez, Rita (3 July 1984).
"Officials puzzled by Malaysian decision"
.
New Straits Times
.
- ^
Singapore Lure Stirs Crowds In Hong Kong
Archived
28 July 2015 at Wikiwix,
Chicago Tribune
, 12 July 1989
- ^
ABOUT THE CONSULATE-GENERAL
Archived
8 June 2010 at the
Wayback Machine
- ^
In the swing of things
Archived
23 October 2015 at the
Wayback Machine
,
Embassy Magazine
, September 2010
- ^
Australian Foreign Affairs Record
. Vol. 56, Issues 7?12. Australian Government Public Service. 1985. p. 1153.
- ^
Government of Canada, Foreign Affairs Trade and Development Canada.
"Inspection reports"
.
International.GC.ca
. Archived from
the original
on 5 October 2016
. Retrieved
14 April
2017
.
- ^
Commons, The Committee Office, House of.
"House of Commons ? The UK's relations with Hong Kong: 30 years after the Joint Declaration ? Foreign Affairs"
.
Parliament.uk
.
Archived
from the original on 25 May 2017
. Retrieved
14 April
2017
.
{{
cite web
}}
: CS1 maint: multiple names: authors list (
link
)
- ^
Christopher J. Marut Appointed as Director of the Taipei Office of the American Institute in Taiwan
[
permanent dead link
]
,
American Institute in Taiwan
, 8 May 2012
- ^
See Chapter 1, Section 1, Article 22 of convention
- ^
"How can I find out more about honorary consuls from my country? - ICIJ"
. 14 November 2022.
- ^
"ICIJ - Shadow Diplomats Transparency Index - Honorary consuls lists published by governments around the world - Google Drive"
.
- ^
"Archived copy"
(PDF)
. Retrieved
24 June
2017
.
- ^
"Foreign Career Consular Offices and the Honorary Consular Offices in the United States"
(PDF)
. United States Department of State
. Retrieved
28 December
2020
.
- ^
Will Fitzgibbon, Debbie Cenziper, Delphine Reuter, Eva Herscowitz and Emily Anderson Stern (14 November 2022).
"Accused terror financiers, arms traffickers and drug runners among hundreds of rogue diplomats, global investigation reveals"
.
ICIJ
. Retrieved
20 November
2022
.
{{
cite web
}}
: CS1 maint: multiple names: authors list (
link
)
- ^
a
b
"Honorary consulates of Finland in the U.S. ? Embassy of Finland, Washington ? Consulate Generals of Finland, New York, Los Angeles : Finland in the US : Finnish Honorary Consuls"
. Finland.org. 15 December 2011.
Archived
from the original on 24 December 2013
. Retrieved
21 December
2013
.
Notes
- ^
The
U.S. Secretary of State
(in memos issued on 6 August 2003 and 5 February 2014) stated the following concerning honorary consuls in the United States:
The United States Government appreciates that honorary consular officers provide important services both to the governments which they represent and to United States citizens and entities. Nevertheless, for reasons previously communicated to the missions, United States Government policy requires that the maintenance and establishment of consular posts headed by honorary consular officers must be supported by documentation which makes it possible for the
Department of State
to be assured that meaningful consular functions will be exercised by honorary consular officers on a regular basis and that such consular officers come under the supervision of, and are accountable to, the governments which they represent.
[24]
As a matter of U.S. policy, honorary consular officers recognized by the U.S. Government are American citizens, or permanent resident aliens who perform consular services on a part-time basis. The limited immunity afforded honorary consular officers is specified in Article 71 of the
Vienna Convention on Consular Relations
(VCCR). Such individuals do not enjoy personal inviolability, and may be arrested pending trial if circumstances should otherwise warrant. However, appropriate steps are provided to accord to such officers the protection required by virtue of their official position. In addition, the consular archives and documents of a consular post headed by an honorary consular officer are inviolable at all times, and wherever they may be, provided they are kept separate from other papers and documents of a private or commercial nature relating to other activities of an honorary consular officer or persons working with that consular officer.
[25]
References
- De Groot, Alexander (1978),
The Ottoman Empire and the Dutch Republic: a History of the Earliest Diplomatic Relations, 1610?1630
, Leiden: Nederlands Historisch-Archaeologisch Instituut Leiden/Istanbul,
ISBN
978-90-6258-043-9
- Dursteler, Eric R. (2001), "The Bailo in Constantinople: Crisis and Career in Venice's Early Modern Diplomatic Corps",
Mediterranean Historical Review
,
16
(2): 1?30,
doi
:
10.1080/714004583
,
ISSN
0951-8967
,
S2CID
159980567
- Eldem, Edhem (1999),
French Trade in Istanbul in the Eighteenth Century
, Boston: Brill Academic Publishers,
ISBN
978-90-04-11353-4
- Epstein, Steven A. (2006),
Purity Lost: Transgressing Boundaries in the Eastern Mediterranean 1000?1400
, Baltimore: Johns Hopkins University Press,
ISBN
978-0-8018-8484-9
- Goffman, Daniel; Aksan, Virginia H. (2007), "Negotiation With the Renaissance State: The Ottoman Empire and the New Diplomacy",
The Early Modern Ottomans: Remapping the Empire
, Cambridge:
Cambridge University Press
, pp. 61?74,
ISBN
978-0-521-81764-6
- Goffman, Daniel (2002),
The Ottoman Empire and Early Modern Europe
, New York: Cambridge University Press,
ISBN
978-0-521-45280-9
- Mattingly, Garrett (1963),
Renaissance Diplomacy
, The Bedford Historical Series, London: Cape,
OCLC
270845938
- Steensgaard, Neils (1967), "Consuls and Nations in the Levant From 1570 to 1650",
The Scandinavian Economic History Review
,
15
(1): 13?55,
doi
:
10.1080/03585522.1967.10414351
,
ISSN
0358-5522
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