PEOPLE'S REPUBLIC OF CHINA CONSULAR CONVENTION WITH THE PEOPLE'S REPUBLIC OF CHINA TREATY DOC. NO. 97-3 1980 U.S.T. LEXIS 127 September 17, 1980, Date-Signed
STATUS: PENDING: January 19, 1981. Convention was read the first time and, together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate
MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE CONSULAR CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE PEOPLE'S REPUBLIC OF CHINA, SIGNED AT WASHINGTON ON SEPTEMBER 17, 1980
TEXT: 97TH CONGRESS
1st Session SENATE LETTER OF TRANSMITTAL THE WHITE HOUSE, January 19, 1981.
To the Senate of the United States:
I am transmitting for the Senate's advice and consent to ratification the Consular Convention between the United States of America and the People's Republic of China, signed at Washington on September 17, 1980. I am also transmitting for the information of the Senate the report of the Department of State with respect to the Convention.
The signing of the Convention is a significant step in the process of improving and broadening the relationship between the United States and the People's Republic of China. Consular relations between the two countries are not now the subject of a modern formal agreement. This Convention will establish firm obligations on such important matters as free communication between a national and his consul, notification of consular officers of the arrest and detention of their nationals and permission for visits by consuls to nationals who are under detention.
I also transmit for the information of the Senate two separate exchanges of letters, signed on September 17, 1980. The first sets forth the understanding of each side that:
(1) reunification of families will be promoted as quickly as possible;
(2) persons who may be regarded as possessing the nationality of both countries will be permitted to travel freely;h
(3) persons considered to be nationals of both countries will be entitled to the consular protection of the State whose valid passport (properly visaed) they possess while visiting the other and
(4) financial benefits payable by one country to persons residing in the other will be paid under mutually agreed arrangements. The second reflects agreement that three consulates, in addition to the two already established in each country, may be established.
I welcome the opportunity through this Consular Convention to improve the relations between the two countries and their nationals. I urge the Senate to give the Convention its prompt and favorable consideration.
JIMMY CARTER.
LETTER OF SUBMITTAL
DEPARTMENT OF STATE,
Washington, January 15, 1981.
THE PRESIDENT, The White House.
THE PRESIDENT: I have the honor to submit the Consular Convention between the United States of America and the People's Republic of China signed at Washington on September 17, 1980 with the recommendation that you transmit it to the Senate for its advice and consent to ratification.
At the present time, there is no bilateral consular convention between the United States and the People's Republic of China. This Convention will greatly facilitate the ability of consuls of the United States and consuls of the People's Republic of China to extend assistance to their fellow nationals in numerous ways and should contribute substantially to the growth of travel and commercial contacts between the two countries.
The specific consular functions and services which will be assured on a reciprocal basis include the issuance of passports and visas, performance of notarial services, and representation of the interests of nationals in estates matters. More significantly, the Convention assures that consuls whose nationals are arrested or detained will be promptly notified--in no event more than four days after the date of arrest or detention--and will have the right to visit and communicate with and provide necessary assistance to, such nationals. Visits will be permitted as soon as possible and may not be refused after two days from the date of notification of arrest or detention. Subsequent visits may be made at intervals not exceeding one month. These provisions represent a major step forward in protecting the welfare of the increasing numbers of American citizens visiting China, given that country's vast size, decentralized governmental structure and relatively limited communication facilities.
The Convention's provisions follow the pattern of bilateral consular conventions in force with a number of countries. Articles 2-7 provide for the establishment of consular posts, appointment of officers and employees of such posts and procedures for terminating their activities. Article 10 provides for inviolability of premises and the residences of consular officers, and Article II provides for the inviolability of the consular archives.