Ministry of Foreign Affairs

D E C R E E
of the President of the Republic of Azerbaijan

on the approval of the "Statute of the Embassy of the Republic of Azerbaijan"

1. to approve the "Statute of the Embassy of the Republic of Azerbaijan" (attached).

2. to charge the Ministry of Foreign Affairs of the Republic of Azerbaijan to resolve, within its competence, the issues stemming from this Decree"

Ilham Aliyev
President of the Republic of Azerbaijan

Baku, 25 May 2006

Approved by the Decree of the President
of the Republic of Azerbaijan dated
25th May, 2006, number 408

Statute of the Embassy of the Republic of Azerbaijan

1. General provisions

1. Embassy of the Republic of Azerbaijan (further - the Embassy) is a body of diplomatic service which represents the Republic in a receiving state. The Embassy is established by the Milli Majlis upon presentation by the President of the Republic of Azerbaijan. The Embassy is included into single system of diplomatic service managed by the Ministry of Foreign Affairs (further - the Ministry).

2. The Embassy, in its activity, upholds the Constitution of the Republic of Azerbaijan, Law of the Republic of Azerbaijan On Diplomatic Service and other laws, as well as decrees and orders of the President of the Republic of Azerbaijan, orders and decisions of the Cabinet of Ministers, Vienna convention on diplomatic relations and other appropriate international agreements Azerbaijan acceded to, also other applicable norms of international law, Statute of the Ministry of Foreign Affairs, current Statute, orders and instructions of the Ministry, and takes into consideration the legislation of the receiving state.

3. Embassy, within its competence, provides for the implementation of single foreign policy course of the Republic of Azerbaijan in a receiving state and with this purpose coordinates and controls activities of missions, delegations and expert groups of state and self-rule bodies, agencies, organizations and enterprises. Missions, delegations and expert groups coordinate their activity with the Embassy and inform the Embassy respectively.

4. State flag is hoisted, in accordance with the legislation of the Republic of Azerbaijan, at the building of the Embassy and/or in its territory, at the residence of Ambassador Extraordinary and Plenipotentiary of the Republic of Azerbaijan in a foreign state (further - the Ambassador). Depiction of State Emblem and a plaque reading "Embassy of the Republic of Azerbaijan in (name of the receiving state)" in Azerbaijani and state language (state languages) of the receiving state is placed on the building of the Embassy and/or in its territory. State flag of the Republic of Azerbaijan is placed on the vehicle of the Ambassador. State symbols of the Republic of Azerbaijan are used according to protocol practice of the receiving state.

5. The Embassy, its staff and their family members living with them in the same household, use immunities and privileges in accordance with the international legal norms and legislation of receiving state. The Embassy staff and their family members living with them in the same household should respect legislation, customs and traditions of the receiving state, refrain from interfering into internal affairs of receiving state and from activities which can be deemed as interfering into the receiving state's internal affairs.

6. The Embassy possesses seal, stamps, letterheads and bank accounts, depicting State Emblem and the Embassy's name, as confirmed by the Ministry.

7. Land parcels, buildings, installations and other assets of the Embassy, the state property of the Republic of Azerbaijan, are associated with the Embassy in accordance with the legislation of the Republic of Azerbaijan.

8. The Embassy enjoys a right of ownership, usage and direction over the property associated with it, in accordance with the appropriate legislative acts of the Republic of Azerbaijan.

II. Main duties of the Embassy

9. Main duties of the Embassy are as following:

9.1 To represent, within its competence, the Republic of Azerbaijan in the receiving state;

9.2 To implement, within its competence, single foreign policy of the Republic of Azerbaijan in the receiving state;

9.3 To ensure and defend, within its competence, and through diplomatic ways and means, national interest of the Republic of Azerbaijan in the receiving state, including sovereignty, security, territorial integrity, inviolability of borders, political, economic and other interests.

9.4 To protect, within its competence, rights and interests of the Republic of Azerbaijan, its citizens and legal persons, in the receiving state.

9.5 To carry out, in accordance with the legislation, diplomatic and consular relations of the Republic of Azerbaijan in the receiving state.

9.6 To assist, within its competence, in preparing and realizing visits by official delegations to the receiving state.

III. Functions of the Embassy

10. The Embassy carries out the following functions, as defined in the current statute:

10. 1 To inform, through appropriate channels, the President of the Republic of Azerbaijan, Cabinet of Ministers and the Ministry on the receiving state's internal and foreign affairs;

10.2 To promote, within its competence, cooperation between the Republic of Azerbaijan and receiving state in economic, social, scientific and technical, cultural and other fields;

10.3 To develop friendly relations between the Republic of Azerbaijan and the receiving state, and also puts forward proposals before the Ministry aimed at safeguarding the Republic of Azerbaijan interests in the region and globally;

10.4 To provide for dissemination in the receiving state of official news regarding the Republic of Azerbaijan internal and foreign policy, economic, social and cultural life of the country;
10.5 To assist, within its competence, state authorities and, if needed, non-governmental organizations (public associations and foundations) and representatives of business of the Republic of Azerbaijan in establishing contacts with the NGOs and businesses of the receiving state;
10.6 To take part, within its competence, in drafting international treaties between the Republic of Azerbaijan and the receiving state, preparing proposals on signing, execution, annulment, and suspension of treaties between the Republic of Azerbaijan and the receiving state, observing implementation of international treaties between the Republic of Azerbaijan and the receiving state;
10.7 To exercise general political guidance over consulates of the Republic of Azerbaijan in the receiving state;
10.8 To assist, within it's competence, in achieving positive reactions with regards to the Republic of Azerbaijan and its foreign policy initiatives in the receiving state;
10.9 To take part, within its competence, in protecting property rights and interests of the Republic of Azerbaijan in the receiving state;
10.10 To protect, pursuant to the receiving state's consent, and at third country's request, the third country's and its citizens' interests based on the international agreements;
10.11 To render assistance, within its competence, in establishing ties and developing cooperation with Azerbaijanis residing in the receiving state;
10.12 To collect, within its competence, information on the developments in receiving state's economic, social, scientific and technical, cultural and other fields, and also on internal and foreign policy, analyses place of the receiving state in international relations, as well as studies activity of other states, studies activities of other states, regional and international organizations in the same region and informs the Ministry on a regular basis;
10.13 To fulfill tasks set out by the President of the Republic of Azerbaijan, Cabinet of Ministers and the Ministry, and also considers other state agencies' requests if agreed upon with the Ministry;
10.14 To consider appeals of local authorities and self-rule institutions, as well as agencies, organizations and companies;
10.15 To support, within its competence, appropriate state bodies of the Republic of Azerbaijan in delivering Azerbaijani products and services to international markets;

10.16. To accomplish other functions in accordance with the legislation of the Republic of Azerbaijan.

IV. Rights of the Embassy

11. The Embassy has the following rights to implement its duties:

11.1. To present, within its competence, proposals to the Ministry on the visits of official delegations;
11.2. To establish and develop practical relations with the state authorities and local self-rule, non-governmental organizations (public associations and foundations), scientific and cultural circles, media of the receiving state, with the diplomatic missions, consulates and international and regional organizations functioning in the receiving state;
11.3. To obtain documents, information and other materials from the state bodies, including local executive and self-rule authorities, agencies, organizations and companies of the Republic of Azerbaijan in due form for the implementation of the Embassy's portfolio.
11.4. To present, within its competence, proposals to the Ministry about the appointment of honorary consuls of the Republic of Azerbaijan in the receiving state;
11.5. To organize, within its competence, conferences, meetings and other events;
11.6. To exercise other rights, as provided for in the legislation of the Republic of Azerbaijan.

V. On the activity of the Embassy

12. The Embassy is headed by the Ambassador who is the highest official representative of the Republic of Azerbaijan in the state of accreditation. The Ambassador is appointed and recalled by the President of the Republic of Azerbaijan. The Ambassador represents the Republic of Azerbaijan.

13. Any citizen of the Republic of Azerbaijan, on a condition of having higher education, relevant professional, moral qualities and state of health for exercising duties imposed upon him, can be appointed an Ambassador.

14. Consecutive term of office for the person appointed as Ambassador in the receiving state is, as a rule, five years. This term can be extended by the President of the Republic of Azerbaijan.
The Ambassador and/or other employees of the Embassy when being found culpable of acts, which envision responsibility according to the legislation of the Republic of Azerbaijan or the receiving state, and also in other cases in accordance with the legislation of the Republic of Azerbaijan, can be recalled.
The ground for the recall of the Ambassador and/or other employees of the Embassy can also be the culpability of their family members living with them in the same household of committing the above-mentioned acts.

15. The Ambassador is personally responsible for the implementation of the duties imposed upon the Embassy, and reports to the Ministry about the accomplishment of instructions and tasks.

16. The Ambassador:

16.1. Organizes and directs the work of the Embassy;
16.2. Provides, within his/her competence, for the protection of state secret and other secrets protected by law;
16.3. Controls, within his/her competence, efficient spending of public funds appropriated for the Embassy and upholding the financial discipline;
16.4. Issues, within his/her competence, orders, instructions and directions, obligatory in nature, on the work of the Embassy;
16.5. Provides, within his/her competence, execution at the Embassy of legal norms of the Republic of Azerbaijan and orders, instructions and directions of the Ministry and controls their implementation;
16.6. Ensures due work conditions for the Embassy staff, presents, in due form, proposals to the Ministry on the work of the Embassy;
16.7. Makes business travels with the consent of the Ministry;
16.8. Presents to the Ministry proposals for awarding the distinguished employees of the Embassy state awards of the Republic of Azerbaijan, as well as for stimulating and punishing measures for the Embassy staff;
16.9. Presents due proposals to the Ministry on the promotion of diplomatic servants of the Embassy in terms of both rank and position, on the extension of the term of posting for diplomatic staff of the Embassy as well as for persons fulfilling administrative and technical services in accordance with the Law of the Republic of Azerbaijan On Diplomatic Service;
16.10. Issues orders on vacations and business travel for diplomatic and administrative-technical staff of the Embassy;
16.11. Upon agreement of the Ministry hires part-time staff and terminates their contracts, issues orders on their vacations and business travel;
16.12. Regulates, within his/her competence, issues related to visits of the Embassy staff and members of their families living with them in the same household to the Republic of Azerbaijan and other countries;
16.13. Undertakes, within his/her competence, measures for the security of the Embassy, its employees and members of their families living with them in the same household, regulates, under the emergency conditions in the receiving state, work of diplomatic service and actions of citizens of the Republic of Azerbaijan and guides these within his/her competence;
16.14. Makes arrangements, within his/her competence, to assure immunities and privileges are guaranteed in accordance with the international law and the legislation of the receiving state to the Embassy and other diplomatic missions of the Republic of Azerbaijan in the receiving state, to its employees and members of their families, diplomatic pouch and persons carrying it, including other citizens of the Republic of Azerbaijan who are entitled to immunities and privileges;
16.15. Advises staff of the Embassy and other institutions of the Republic of Azerbaijan in the receiving state on duly presenting the interests of the Republic of Azerbaijan and ensuring respect for its legislation and traditions;
16.16. Negotiates with the receiving state, participates in the international conferences and meetings, as well as signs international treaties in due accordance with the legislation;
16.17. Informs the Ministry about the non-conformity of the decisions and actions by delegations and expert groups from state agencies of the Republic of Azerbaijan with the interests of the Republic of Azerbaijan, while the Ministry, based of this information, raises before these state bodies the issue of pre-term termination of the delegations and expert groups' activity;
16.18. Accomplishes other functions in accordance with the legislation of the Republic of Azerbaijan.

17. When position of the Ambassador becomes vacant and/or the Ambassador is unable to fulfill his duties, these are carried out by the Charge D'affaires of the Republic of Azerbaijan appointed by the Minister of Foreign Affairs of the Republic of Azerbaijan.
The name of the Charge D'affaires shall be communicated to the Ministry of Foreign Affairs of the receiving state by the Ambassador or by the Ministry, in the event that the Ambassador is unable to do so.

18. Structure and personnel list of the Embassy is confirmed by the Ministry.
19. Financial support and logistics for the Embassy are provided by the Ministry.
20. Rights and duties of the Embassy employees are defined by the legislation of the Republic of Azerbaijan and instructions and portfolio descriptions provided by the Ministry. The Embassy staff are subordinate to the Ambassador, (in case of the absence of the Ambassador, to the Charge D'affaires of the Republic of Azerbaijan) and shall implement his/her orders and instructions.
21. The Embassy activity is arranged according to the annual activity plan confirmed by the Ministry in due form.
22. Representatives of other state bodies of the Republic of Azerbaijan can be posted with the Embassy, as defined by the legislation. The representatives of other state bodies of the Republic of Azerbaijan posted with the Embassy should coordinate their decisions and actions with the Ambassador.
23. A school and kindergarten can function at the Embassy in accordance with the legislation of both the Republic of Azerbaijan and the receiving state.
24. According to the legislation of the Republic of Azerbaijan, no branches for political party, religious organization or non-governmental organizations (public association or foundation) can be established in the Embassy, with the exception of trade union.