Chapter I

General Provisions

Article 1  Scope of the Law

1. The present Law prescribes legal grounds for the organization of the Diplomatic Service of Georgia, regulates relations connected to employment in the Diplomatic Service, defines the legal status of a person employed in the Diplomatic Service.
2. The Diplomatic Service participates in the formation of foreign political course of the country, ensures its implementation and coordinates international relations of the country in conformity with the Constitution of Georgia, international treaties and agreements of Georgia, present Law and other normative acts of Georgia.

Article 2 Definition of Terms

The following terms shall have the meanings hereunder assigned to them:

a)      Diplomatic Service the Ministry of Foreign Affairs of Georgia and its entities both on the territory of Georgia and abroad;

b)      Ministry of Foreign Affairs of Georgia (Hereinafter the Ministry) - a governmental body carrying out state management of international relations of the country with other States and international organizations;

c)      Diplomatic Representation an entity of the Ministry abroad, which represents Georgia in diplomatic and consular relations with an international organization and a host state;

d)      Consular Office an entity of the Ministry abroad, which represents Georgia in consular relations with a host state and in diplomatic relations with that state where a diplomatic representation is not established;

e)      Territorial Entity a representation of the Ministry on the territory of Georgia;

f)        Diplomatic Rank  - a special title accorded to a diplomatic officer in the Diplomatic Service;

g)      Diplomatic Agent a person appointed to a diplomatic position in the Diplomatic Service, to whom a diplomatic rank is accorded;

h)      Administrative-Technical Staff citizens of Georgia appointed to non-diplomatic positions or employed on a contractual basis within the system of the Ministry providing administrative-technical service to diplomatic representations and consular offices in compliance with the Georgian legislation.

i)        Reserve of the Diplomatic Service persons recalled under the rule prescribed by the present Law due to pre-scheduled termination of work assignment or expiry of the term of work assignment, as well as persons who were successful in a contest but were not appointed to respective positions due to the absence of vacancies.

j)        Active Reserve of the Diplomatic Service civil servants of the Office of the Parliament of Georgia, Administration of the President of Georgia, Chancellery of the Government of Georgia, Ministry of Defence of Georgia, National Security Council of Georgia, Office of the State Minister of Georgia for Conflict Resolution Issues and the State Minister of Georgia on European and Euro-Atlantic Integration, as well as employees, on the basis of a respective international treaty or agreement of Georgia, of the Ministry of Internal Affairs of Georgia and the Foreign Intelligence Special Service of Georgia who participate in the elaboration and implementation of proposals on the country's foreign policy course and international relations. A list of positions of the persons to be included into the active reserve of the Diplomatic Service, except those of civil servants of the Office of the Parliament of Georgia, shall be determined by Decree of the President of Georgia, upon presentation of the Minister of Foreign Affairs of Georgia. A list of civil servants of the Office of the Parliament of Georgia to be included into the active reserve of the Diplomatic Service shall be determined by the Chairperson of the Parliament of Georgia.

k)      Service Staff citizens of Georgia and foreign countries and stateless persons with due qualification employed on a contractual basis in the Diplomatic Service to provide respective services to diplomatic representations and consular offices in compliance with the Vienna Convention (1961) on Diplomatic Relations;

l)        Rotation turnover of diplomatic agents of the Ministry of Foreign Affairs of Georgia, diplomatic representations and consular offices;

m)    Assignments by Rotation - assignment to a diplomatic representation or a consular office under the rule and terms established by this Law.

n)      Family Member spouse and under-age children or persons entrusted to guardianship/curatorship of a diplomatic agent and administrative-technical staff;

o)      Initial Accommodation Expenses a lump sum paid to cover initial accommodation expenses of an agent and his/her family members assigned to a diplomatic representation and a consular office. The amount and reasonability of this sum shall be determined by the Minister of Foreign Affairs of Georgia, in coordination with the Ministry of Finance and with due regard for the existing conditions in a host country.

Article 3 Major Tasks and Functions of the Diplomatic Service 

Major tasks and functions of the Diplomatic Service shall be as follows:

a)       Promoting international and regional peace and security;

b)      Strengthening security and international status of Georgia;

c)       Contributing to protection of universally recognized human rights and freedoms;

d)      Protecting basic human rights and freedoms of citizens of Georgia within the scope of its competence;

e)       Encouraging adherence to, and further development of, universally recognized norms and principles of international law;

f)        Drawing up proposals on major directions of Georgia's foreign policy;

g)       Representing and upholding interests of Georgia in international relations;

h)       Protecting sovereignty, security, territorial integrity, inviolability of borders and other national interests of Georgia through diplomatic means;

i)         Strengthening political, economic, cultural, scientific and other kinds of links between Georgia and other States and international organizations ;

j)        Coordinating the activity of state bodies of Georgia in international relations;

k)      Conducting consular policy of Georgia in relations to other states;

l)         Promoting the activity of public organizations and institutes of Georgia abroad.

 

   Article 4 Values, Principles and Charter of Professional Ethics of the Diplomatic Service 

 

1. Values of the Diplomatic Service shall be as follows:

a)       Professionalism, loyalty, honesty and  impartiality;

b)      Patriotism and accountability to the country and people.

 

2. Principles of the Diplomatic Service shall be as follows:

a)      Consistent implementation of national interests;

b)      Consistency and predictability of foreign policy actions and initiatives;

c)      Respect for universally recognized human rights and freedoms;

d)      Precise and consistent adherence to regulations of the Constitution, international treaties and agreements of Georgia, present Law and other normative acts of Georgia;

e)      Equality of opportunity for all citizens of Georgia to enter the Diplomatic Service based on their skills, qualification and professional training;

f)        Staff stability;

g)      Integrity of the Diplomatic Service.

h)      Political neutrality.

 

3. Charter of Professional Ethics of the Diplomatic Service aims at promoting respect for the values and principles of the Diplomatic Service.

Article 5 Head of the Diplomatic Service

The Diplomatic |Service shall be headed by the Minister of Foreign Affairs of Georgia (hereinafter the Minister).

 

Article 6 Diplomatic Representations 

1. Diplomatic representations of Georgia shall be as follows:

a)       Embassy of Georgia;

b)      Permanent representation of Georgia to an international organization

c)       Diplomatic mission.

2. Head of diplomatic representation shall be appointed to position by the President of Georgia by consent of the Parliament of Georgia.

3. Head of diplomatic representation shall be dismissed from position by the President of Georgia upon presentation of the Minister.

 

Article 7 Consular Offices 

Types of consular offices of Georgia and their legal status shall be determined by the Law of Georgia on Consular Offices of Georgia and other normative acts of Georgia.

 

Article 8 Decisions on Establishment, Reorganization and Abolition of Diplomatic Representation and Consular Office 

 

1.        Decisions on the establishment, reorganization and abolition of a diplomatic representation shall be adopted by the President of Georgia;

2.        Decisions on the establishment, reorganization and abolition of a consular office shall be adopted by the Minister of Foreign Affairs of Georgia.

 

Chapter II

Staff of the Diplomatic Service

Article 9 Legal Status of Diplomatic Agent

1.         Diplomatic agent shall be included into the civil service of Georgia;

2.         Legal status of diplomatic agent shall be regulated by the present Law and respective normative acts of Georgia.

 

Article 10 Staff Categories in the Diplomatic Service

Staff in the Diplomatic Service shall fall into the following categories:

a)       Diplomatic agents;

b)      Administrative-technical staff;

c)       Service staff.

 

Article 11 Categories of Diplomatic Agents

 

Diplomatic agents shall fall into the following categories:

a)       Highest diplomatic agents (A Category);

b)      Senior diplomatic agents (B Category);

c)       Junior diplomatic agents (C Category).

 

Article 12 Highest Diplomatic Agents  

(A Category)

 

Highest diplomatic agents shall be:

a)       First Deputy Minister and Deputy Minister (A1);

b)      Director of Department of the Ministry (A2);

c)       Ambassador Extraordinary and Plenipotentiary (A2);

d)      Permanent Representative of Georgia to international organization(A2);

e)       Head of diplomatic mission of Georgia(A2);

f)        Consul General of Georgia (A3);

g)       Ambassador at large (A3).

Article 13 Senior Diplomatic Agents

(B Category)

Senior diplomatic agents shall be:

a)        Deputy Director of Department of the Ministry (B1);

b)       Envoy Extraordinary and Plenipotentiary (B1);

c)        Deputy Permanent Representative of Georgia to international organization(B1);

d)       Head of Division within Department of the Ministry (B2);

e)        Senior Counselor (B2);

f)         Consul (B2);

g)        Counselor (B3);

h)        Defense Attache and Representative of the Defense Ministry of Georgia (B3).

 

Article 14  Junior Diplomatic Agents

(C Category)

Junior diplomatic agents shall be:

a)       Vice-consul (C1);

b)      First Secretary (C1);

c)       Consular Agent (C2);

d)      Second Secretary (C2);

e)       Third Secretary (C3);

f)        Attache(C3).

g)       Officers of the Office of Defense Attache and Representative of the Defense Ministry of Georgia (C3).

 

 

 

Article 15 Incompatibility of Diplomatic Position with Political Activity 

A person shall cease any kind of political activity from the moment of his/her appointment to a diplomatic position. During his/her employment in the Diplomatic Service, a diplomatic agent shall remain politically neutral and shall have no right to carry out activity/propaganda in favour of or against any political party, organization, union.

 

Article 16 Obligations of Diplomatic Agent 

Diplomatic agent shall be obliged:

a)      to protect national interests of Georgia;

b)      to show respect for and protect the laws and customs of Georgia and a host country;

c)      not to use diplomatic rights and immunity for personal interests.

Article 17 Appointment to Diplomatic Position 

1. Citizens of Georgia shall be appointed to diplomatic positions of the Ministry;
2. Appointment to diplomatic positions of the Ministry shall be effected by transfer, by of contest or without contest.
3. Diplomatic agents shall be appointed to diplomatic positions by transfer.
4. Citizens of Georgia with high education, knowledge of the national language of Georgia and at least two foreign languages shall be appointed to diplomatic positions by contest;
5. Appointments without contest may be effected to the following diplomatic positions:

a)      Deputy Minister;

b)      Director of Department of the Ministry;

c)      Ambassador Extraordinary and Plenipotentiary;

d)      Permanent Representative of Georgia to international organization;

e)      Head of diplomatic mission of Georgia;

f)        Ambassador at Large.

 

1. Persons eligible for diplomatic positions without contest shall be:

 

a)      Persons with high diplomatic rank;

b)      Temporary substitute for a person temporarily absent from diplomatic position until this person refills his/her position;

c)      Acting diplomatic agent to the position to be  filled in by contest until such position is filled in by contest;

d)      Persons included into the reserve of the Diplomatic Service and into the active reserve of the Diplomatic Service on the basis of recommendation of the Qualification Commission of the Ministry;

e)      Persons recalled by rotation from a diplomatic representation and a consular office due to the expiry of term of work assignment.

1. Candidates to the vacant positions to be filled in by contest shall be assessed by the Qualification Commission.
2. Rule of holding contests shall be determined by an order of the Minister.  
3. The Minister may issue an individual administrative-legal act prescribing additional requirements for the assessment of qualification of a person as well as on other issues related to recruitment into and employment in the Diplomatic Service.

 

 

 

Article 18 Appointment of Director of Department and Ambassador at Large of the Ministry  

1. The Minister shall appoint to the position of Director of Department of the Ministry a person with high education, relevant qualification, professional training, knowledge of the national language of Georgia and at least two foreign languages and experience in the field of foreign relations.
2. The Minister shall appoint to the position of Ambassador at Large a person with high education, relevant qualification, professional training, knowledge of the national language of Georgia and at least one foreign language.

Chapter III

Employment in the Diplomatic Service

Article 19  Rule of Employment in the Diplomatic Service 

Rule of employment in the Diplomatic Service shall be determined by an administrative-legal act of the Minister.

Article 20 Rotation 

1. Rotation of diplomatic agents shall be established in the Diplomatic Service to ensure staff stability.
2. Rotation envisages assigning persons to diplomatic representations and consular offices and recalling persons sent on assignment to diplomatic representations and consular offices to the Ministry.
3. A person recalled by rotation from his/her assignment shall have to work at least for one year at the Ministry before his/her next assignment by rotation.  The Minister shall be authorized to reduce this term where necessary.
4. A period during which a person recalled from assignment is placed on a reserve list shall be included into the term under paragraph 3 of this Article.  

 

Article 21 Payment of Expenses of Assignment by Rotation

Payment of expenses of assignment by rotation to diplomatic representations and consular offices shall be regulated in compliance with a respective administrative-legal act of the Minister.

Article 22 Agents of Diplomatic Representations and Consular Offices 

1.      Diplomatic agents of the Ministry, except for the head of diplomatic representation, defense attache and representative of the Defence Ministry of Georgia, shall be assigned by rotation to diplomatic positions at a diplomatic representation and a consular office;

2.      Administrative-technical staff of the Ministry shall be assigned by rotation to non-diplomatic positions at a diplomatic representation and a consular office;

3.      In special cases, a person who is not an employee of the system of the Ministry may be assigned, in agreement with the Ministry, to a non-diplomatic position at a diplomatic representation and a consular office.

 

 

Article 23 Persons Recalled by Rotation from Diplomatic Representations and Consular Offices 

1. Persons recalled by rotation from diplomatic representations and consular offices before the expiry of the term of their assignments shall be appointed to respective positions in case there are vacancies at the Ministry;
2. Persons recalled by rotation from diplomatic representations and consular offices before the expiry of the term of their assignments shall be included into the reserve of the Diplomatic Service in case there are no vacancies at the Ministry;

 

Article 24 Grounds for Early Recallment of Agents from Diplomatic Representations and Consular Offices 

1. The Minister shall carry out pre-scheduled suspension of assignments by rotation at diplomatic representations and consular offices and early recallment of agents except for the head of diplomatic representation, defence attache and representative of the Defence Ministry of Georgia in the following cases:

a)      Closure or/and reorganization of a diplomatic representation or a consular office;

b)      Staff reduction at a diplomatic representation or a consular office;

c)      Declaration of an assigned person as a persona non grata by the host state;

d)      Substantial complication of the international situation which may be caused by further work of a diplomatic or a consular agent in the host state;

e)      Reassignment of an agent to other position by his/her consent;

f)        Request of an agent;

g)      Grave illness of an agent which disables him/her to fulfill his/her tasks;

h)      Death of an agent;

i)        Improper fulfillment of duties by an agent;

j)        Other cases prescribed by the Georgian legislation.

2. Early recallment shall be effected by the Minister's administrative-legal act, upon presentation of the leadership of the Ministry, chief of the general inspection of the Ministry or/and head of the diplomatic representation. 

Article 25  Election in Legislative Branch of the Government or Assignment to International Organization 

 

1. Diplomatic agent in case he/she is elected in the legislative branch of the Government or assigned, in case of national necessity, to an international organization (or a Georgian state institution) shall be placed on a reserve list of the Diplomatic Service and after expiry of his/her term of office, may be appointed to a respective position in the Diplomatic Service.
2. A person indicated in the first paragraph of this Article shall retain his/her diplomatic rank, enjoy privileges envisaged in the Georgian legislation and may be presented for next diplomatic rank.

 

Article 26  Reserve of the Diplomatic Service 

1. Diplomatic agents recalled in case of pre-scheduled suspension of assignment by rotation for reasons indicated in sub-paragraphs (a)-(d) (f) and (g) of the first paragraph of Article 24 and in case of expiry of the term of assignment by rotation, as well as persons who were successful in contest but were not appointed to respective positions because of the absence of vacancies shall be placed on a reserve list of the Diplomatic Service and when filling in vacant positions shall enjoy privileges based on their diplomatic ranks and qualifications.
2. Terms of enrolment into the reserve of the Diplomatic Service of persons assigned abroad for training purposes shall be determined by the rule of employment in the Diplomatic Service.
3. Persons recalled in case of pre-scheduled suspension of assignment by rotation and expiry of the term of assignment by rotation, who were enrolled into the reserve of the Diplomatic Service, shall have the right to carry out paid services in other organizations during the period they are placed on a reserve list.
4. Paragraph 3 of this Article shall not apply to persons recalled in case of pre-scheduled suspension of assignment by rotation and expiry of the term of assignment by rotation, who refuse to accept positions offered to them by the Ministry and choose to be placed on a reserve list.
5. Maximum period of being placed on a reserve list of the Diplomatic Service shall be 3 years. This period shall not apply to persons indicated in Article 25 of the present Law. 

 

Article 27 Active Reserve of the Diplomatic Service 

1. Civil servants of the Office of the Parliament of Georgia, Administration of the President of Georgia, Chancellery of the Government of Georgia, Ministry of Defence of Georgia, National Security Council of Georgia, Offices of the State Minister of Georgia for Conflict Resolution Issues and the State Minister of Georgia on European and Euro-Atlantic Integration, as well as employees, on the basis of a respective international treaty or agreement of Georgia, of the Ministry of Internal Affairs of Georgia and the Foreign Intelligence Special Service of Georgia who participate in the elaboration and implementation of proposals on the country's foreign policy course and international relations, shall be enrolled into the active reserve of the Diplomatic Service. 
2. A list of officials to be included into the active reserve of the Diplomatic Service, except for civil servants of the Office of the Parliament of Georgia, shall be determined by the Chairperson of the Parliament of Georgia.
3. A list of civil servants to be included into the active reserve of the Diplomatic Service shall be determined by the Chairperson of the Parliament of Georgia.

 

Article 28 Term of Assignment by Rotation to Diplomatic Representation and Consular Office 

1.      Each term of assignment by rotation to a diplomatic representation and a consular office shall be 4 years for the head of a diplomatic representation and the general consul and 3 years for any other diplomatic officer.

2.      Term of assignment abroad for administrative-technical staff shall be 3 years.

3.      Assignment by rotation to a diplomatic representation and a consular office and recallment shall be effected on the basis of the Minister’s administrative-legal act.

Article 29  Extension of Term of Assignment to Diplomatic Representation and Consular Office

The Minister shall be authorized to:

 

1. Extend the term of assignment by rotation to the head of a diplomatic representation, in agreement with the President of Georgia;
2. In special cases extend the term of assignment by rotation for up to 1 year – to an agent  assigned to a diplomatic representation and a consular office and for up 2 years – to a general  consul.
3. Extend the term of assignment by rotation to members of the administrative-technical staff employed at a diplomatic representation and a consular office before the expiry of their respective terms of office, upon presentation of the head of a diplomatic representation or the general consul.

Article 30 Appointment of Charges d'affaires 

 

1. In case of temporary failure by the head of a diplomatic representation to fulfill his/her duties, the diplomatic representation shall be headed by a charges d'affaire. 
2. A diplomatic agent shall be appointed to the position of charges d'affaire by the Minister's administrative-legal act. 

 

Article 31 Appointment of Acting Head of Consular Office 

In case of temporary failure by the head of a consular office to fulfill his/her duties, the consular office shall be headed by an acting head of the consular office nominated by the Minister.

 

Article 32 Defence Attache, Representative of the Ministry of Defence of Georgia and the Offices thereof

1.        The Defence Minister of Georgia, in agreement with the Ministry, may assign to a diplomatic representation a defence attaché and to an international organization - a representative of the Defence Ministry of Georgia, who shall come within the staff of this diplomatic representation and shall represent Georgia within their competence in military relations.

2.        Defence attache and Representative of the Defence Ministry of Georgia shall be under operative subordination to the head of a diplomatic representation and under administrative subordination to the Minister of Defence of Georgia.

3.        Defence attache may be accredited to two or more States in agreement with the host State.

4.        Defence Attache Office may be set up in agreement with the host state, while Office of Representative of the Defence Ministry of Georgia may be established under an international organization, which shall include senior and junior agents, administrative- technical staff and service staff of the Office.

5.        Rules of activity of Defence Attache and Representative of the Defence Ministry of Georgia and their offices shall be determined by the Regulations approved by the Minister of Defence in agreement with the Ministry.

6.        The Ministry of Defence of Georgia shall provide Defence attache and Representative of the Defence Ministry of Georgia with material-technical resources.  Amount of remuneration of these persons and officials of their offices and expenses for the maintenance of the offices shall be determined by administrative-legal act of the Minister.

7.        Employment, recallment, social protection and guarantees of Defence Attache and Representative of the Defence Ministry of Georgia and officials of their offices shall be regulated by the provisions of the present Law.

8.        Defence Attache and Representative of the Defence Ministry of Georgia and officials of their offices and their family members shall receive a lump sum to cover initial accommodation expenses. The amount and reasonability of this sum shall be determined by the Minister, in coordination with the Ministry of Finance and with due regard for the existing conditions in a host country.

9.        The Ministry of Defence of Georgia shall cover all expenses arising from the death of Defence Attache and Representative of the Defence Ministry of Georgia and their family members living with them, including costs related to transportation of a dead body to Georgia.

Chapter IV

Diplomatic Ranks

Article 33 Accordance of Diplomatic Ranks 

1.          Diplomatic agents shall be accorded diplomatic ranks, except for highest diplomatic ranks, according to their positions, years of service, professional experience and qualification, on the basis of the Qualification Commission's conclusions.

2.          Rule of accordance of diplomatic ranks shall be determined by the Minister.

3.          Amount of allowance envisaged for each diplomatic rank shall be determined by decree of the President of Georgia.

4.          Diplomatic rank shall also be accorded to persons enrolled into the active reserve of the Diplomatic Reserve in accordance with the rule under the first paragraph of this Article.

 

Article 34 Accordance of Highest Diplomatic Ranks 

1. Highest diplomatic ranks may be accorded exclusively to highest diplomatic agents by the President of Georgia, upon presentation of the Minister.
2. Diplomatic rank of Ambassador Extraordinary and Plenipotentiary may be accorded exclusively to those diplomatic agents who hold or used to hold the position of head of diplomatic representation.

Article 35  Categories of Diplomatic Ranks 

The following categories of diplomatic ranks shall apply in the Diplomatic Service:

a)        Highest diplomatic ranks:

a.a) Ambassador Extraordinary and Plenipotentiary;

a.b) Envoy Extraordinary and Plenipotentiary;

b) Senior diplomatic ranks:

b.a) Senior Counselor;

b.b) Counselor;

b.c) Junior Counselor.

c) Junior diplomatic ranks:

c.a) First Secretary;

c.b) Second Secretary;

c.c) Third Secretary;

c.d) Attache.

 

Article 36 Time-limits for According Diplomatic Ranks 

1.           Following time-limits shall be observed when according diplomatic ranks:

a)           Diplomatic rank of attache -  1 year of diplomatic service;

b)          Diplomatic rank of Secretary - 2 years of diplomatic service;

c)           Diplomatic rank of Counselor - 3 years of diplomatic service.

2.           Pre-scheduled accordance of a diplomatic rank shall be allowed in case of appointment to a respective position or special merit.

3.           Pre-scheduled accordance of a diplomatic rank within each category shall be allowed only once.

 

Article 37  Interrelation between Diplomatic Ranks and Diplomatic Positions 

1.               Highest diplomatic ranks may be accorded to highest diplomatic agents.

2.               Senior diplomatic ranks may be accorded to senior diplomatic officers. A person appointed to senior diplomatic position for the first time shall be accorded a diplomatic rank of junior counselor.

3.               Junior diplomatic ranks may be accorded to junior diplomatic agents.

 

Article 38  Duration of Diplomatic Ranks

1.           Highest diplomatic ranks shall be accorded for the duration of life.

2.           In case a diplomatic agent leaves his/her diplomatic position, senior or junior diplomatic rank accorded to him/her shall cease to apply until his/her re-appointment to a diplomatic position.

3.           In case of return of a diplomatic agent to the Diplomatic Service he/she shall retrieve the diplomatic rank that was accorded to him/her before his/her dismissal from a diplomatic position.

4.           Accordance of diplomatic rank shall be confirmed by a respective certificate.

5.           Accordance of highest diplomatic rank shall be confirmed by a respective certificate and a diploma issued by the President of Georgia.

Article 39  Accordance of Class Titles

 

Administrative-technical staff may be accorded class titles applying to civil servants in accordance with the Georgian legislation.

 

Chapter V

Dismissal

Article 40. Dismissal

 

1.         A diplomatic agent and a member of administrative-technical staff (Hereinafter -  personnel) shall be dismissed by the Minister.

2.         Grounds for dismissal shall be as follows:

a)      Personal application;

b)      Lapse of time indicated in an order of appointment;

c)      Reduction of positions on a staff list;

d)      Appointment in a different organization;

e)      Restoration of a person dismissed illegally to his/her position on the basis of a court's effective decision;

f)        Incompatibility with a position held, in particular:

f.a) unsatisfactory results revealed by a qualification test;

f.b) poor health condition;

f.c) unsatisfactory results revealed during a probation period.

g) Violation of labour discipline in case a person concerned is already subject to another disciplinary measure, or gross violation of labour discipline;

h) Commission of offence on the basis of court verdict;

i) Incompatibility with a position held if such incompatibility was not removed within 10 days from the moment it was revealed;

k) Abuse of narcotic drugs, psychotropic or toxic substances;

l) Reorganization or/and abolition of the Service or its structural entity;

m) Reaching the age of 65 years;

n) Death;

o) Change of nationality;

p) Declaration of a person as missing;

q) Declaration of a person as incapable;

r) Pre-scheduled suspension of assignment by rotation under subparagraphs c), d), f), g) or h) of the first paragraph of Article 24 of the present Law.

 

 

Chapter VI

Social Protection and Guarantees

Article 41  Diplomatic and Consular Immunity

1.  A person and his/her family members on assignment by rotation shall enjoy diplomatic and consular immunities in conformity with the international treaties and agreements of Georgia.

2. Decision on the waiver of diplomatic and consular immunities to a person and his/her family members shall be adopted by the Minister.

 

Article 42  Social Protection of a Person and his/her Family Members on Assignment by Rotation

1.           Fulfillment of diplomatic and consular duties abroad should not be detrimental to a person and his/her family members.

2.           The Ministry shall be obliged to provide a person on assignment by rotation and his/her family members with all kinds of assistance in creating proper life conditions in the host state.

3.           The Ministry, diplomatic representation and the consular office shall be obliged to provide families of persons in the host state with all kinds of assistance.

4.           Spouse of a person assigned by rotation to a diplomatic representation and a consular office shall retain the position he/she held in the civil service before the assignment of his/her spouse.

Article 43  Fulfillment of Diplomatic and Consular Duties in Difficult Political, Economic, Living, Criminal and Climatic Conditions 

1.           Assignment of a diplomatic agent for carrying out diplomatic and consular duties to a country with difficult political, economic, living, criminal and climatic conditions shall be allowed only by consent of that diplomatic agent.

2.           In case of armed or civil conflicts, natural disasters or other similar circumstances arising in the host state and endangering the life and property of a diplomatic agent and his/her family members, Georgia shall adopt all necessary measures to insure safety and protection of their lives and property.

 

Article 44 Travel, Initial Accommodation and Contingency Expenses on Assignment by Rotation 

A person assigned by rotation to a diplomatic representation and a consular office and his/her family members shall be recompensed for the expenses related to two-way travel, carriage of personal luggage, initial accommodation in the host state and annual leave of absence (amount of which should not exceed cost of travel to/fro Georgia).

 

Article 45  Living and Social Conditions of a Person on Assignment by Rotation 

1.         A person assigned abroad for carrying out diplomatic and consular duties shall be provided with appropriate accommodation with due regard for the number of his/her family members, his/her status at work and local conditions.

2.         A person assigned abroad and his/her family members shall be provided with compulsory medical insurance and medical service.

3.         In case of death of a person assigned to a diplomatic representation and a consular office or his/her family member, the Ministry shall cover all expenses, including cost of transportation of a dead body to Georgia.

 

Article 46 Leave of Absence of an Agent on Assignment by Rotation 

An agent assigned by rotation to a diplomatic representation or a consular office shall have the right to enjoy annually his/her leave of absence for the duration of 30 calendar days.

Chapter VII

Financial and Organizational Arrangements at the Diplomatic Service

Article 47 - Financial Arrangements at the Diplomatic Service

1.         The State shall ensure safety of the Diplomatic Service, its staff and property both on the territory of Georgia and abroad, in compliance with the Constitution, international treaties and agreements and the legislation of Georgia.

2.         Material-technical and financial resources necessary for the Diplomatic Service and its staff both on the territory of Georgia and abroad shall be funded from the State Budget of Georgia.

3.         Other guarantees of social insurance of diplomatic agents shall be prescribed by an administrative-legal act of the Minister.

 

Article 48  Communicational System and Archive of the Diplomatic Service  

1.         The Diplomatic Service shall have an independent courier service. It shall use governmental special liaison systems, common-use messenger service and communicational and postal systems.

2.         The Diplomatic Service shall have its own archive preserving important documents on diplomatic relations.

 

Chapter VIII

Transitional and Final Provisions

Article 49 Transitional Provisions 

1.           Provisions of this Law shall apply to all diplomatic agents within the system of the Ministry irrespective of the date of their appointment.

2.           By the time the present Law comes into force, persons of equal status with diplomatic agents shall be enrolled into the active reserve of the Diplomatic Service.

3.           In connection with enforcement of the present Law to:

a)      request the President of Georgia to adopt, within a period of 2 months from the enforcement of the present Law, normative acts on a list of civil servants to be included into the active reserve of the Diplomatic Service and on determination of the amount of extra allowance for each diplomatic rank;

b)      request the Chairperson of the Parliament of Georgia to determine,  within a period of 2 months from the enforcement of the present Law, a list of civil servants of the office of the Parliament of Georgia to be included into the active reserve of the Diplomatic Service;

c)      instruct the Minister of foreign Affairs of Georgia to issue, within a period of 2 months from the enforcement of the present Law, the following administrative-legal acts on:

c.a)  rule of repayment of initial accommodation expenses of an agent and his/her family members assigned to a diplomatic representation and a consular office abroad;

c.b) approval of regulations on qualification exams and contest of employees within the system of the Ministry of Foreign Affairs of Georgia;

c.c) employment in the Diplomatic Service;

c.d) rule of remuneration of long-term assignment of a person assigned by rotation to a diplomatic representation and a consular office of Georgia abroad;

c.e) rule of accordance of a diplomatic rank;

c.f) determination of other guarantees of social protection of diplomatic agents

d) Instruct the Defence Minister of Georgia to ensure, within a period of 2 months from the enforcement of the present Law, adoption of the following administrative-legal acts on:

d.a)  approval of regulations on the rule of activity of defence attache, representative of the Defence Ministry of Georgia and their offices and a list of positions;

d.b) determination of allowances to the post of defence attache, representative of the Defence Ministry of Georgia and officials of the offices thereof and office maintenance costs

d.g) determination of the amount of lump sum necessary for initial accommodation of defence attache, representative of the Defence Ministry of Georgia, officials of the offices thereof and their family members.

 

Article 50 Final Provisions 

1.           This Law shall come into force from 1 January 2008.

2.           Upon the entry into force of the present Law, the Law of Georgia on Diplomatic Service of 25 June 1999 shall be considered as void (Georgian Journal of Law, N30(37), 1999, Article 161).

 

Acting President of Georgia                                         Nino Burjanadze

Tbilisi

7 December 2007