practical guide for the diplomatic corps acredited in … · 2018-06-13 · practical guide for the...

PRACTICAL GUIDEFOR THE

DIPLOMATIC CORPSACCREDITED IN SPAINPR

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gOBIERNO DE ESPAÑA

MINISTERIO DE ASUNTOS EXTERIORESY DE COOPERACIÓN

gOBIERNODE ESPAÑA

SUBSECRETARÍA

SECRETARÍA gENERAL TÉCNICA MINISTERIO

DE ASUNTOS EXTERIORESY DE COOPERACIÓN

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PRACTICAL GUIDEFOR THE DIPLOMATIC CORPS

ACCREDITED IN SPAIN

MADRID, 2017


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6.ª Edición, julio 2017

SUBSECRETARÍASecretaría General técnica

ViceSecretaría General técnica

Área de Documentación y Publicaciones

N.I.P.O. publicación en papel: 501-17-059-9N.I.P.O. publicación en línea: 501-17-062-2Depósito Legal: M-30274-2017

imprenta de la dirección General de comunicación e información diplomática

En esta publicación se ha utilizado papel reciclado libre de cloro de acuerdo con los criterios medioambientales de la contratación pública

MINISTERIODE ASUNTOS EXTERIORESY DE COOPERACIÓN


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TABLE OF CONTENTS

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INTRODUCTION ......................................................

1. HEADS OF MISSION ................................. 1.1. Request for agrément .................................. 1.2. Arrival in Madrid ......................................... 1.2.1. Notice of arrival .......................................... 1.2.2. Arrival and reception ................................... 1.2.3. Transfer of the Head of Mission to the resi-

dence or hotel ............................................ 1.3. Presentation of Letters of Credence and sub-

mission of Required Copies ......................... 1.4. Termination of functions .............................. 1.5. Head of Mission accredited to the Ministry of

Foreign Affairs and Cooperation ..................

2. STAFF MEMBERS OF THE MISSION ..........

2.1. Categories .................................................. 2.1.1. Diplomatic staff .......................................... 2.1.2. Administrative and technical staff .................. 2.1.3. Service staff ................................................ 2.2. Accreditation and documentation ................. 2.2.1. Accreditation visa ........................................ 2.2.2. Arrival. Notification to the Ministry of Foreign

Affairs and Cooperation .............................. 2.2.3. Types of passport ....................................... 2.2.4. Nationality of accredited staff ....................... 2.2.5. Entry into and exit from Spain ..................... 2.2.6. Accreditation documents..............................


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2.2.7. Dependent family members ......................... 2.2.8. Work by spouses and dependent family mem-

bers ........................................................... 2.3. Chargé d’affaires ad interim ......................... 2.3.1. Appointment by the Head of Mission ............ 2.3.2. Appointment by the Ministry of Foreign Affairs

of the sending State .................................... 2.3.3. Absence of the Chargé d’Affaires ad interim

and appointment of another in lieu ............... 2.3.4. Termination of functions .............................. 2.3.5. Chargé d’Affaires ad interim of a Diplomatic

Mission with multiple accreditation ............... 2.4. Defence attachés ........................................ 2.5. Termination of functions of diplomatic, admin-

istrative, technical and service staff ............... 2.5.1. Termination of functions of diplomatic staff ... 2.5.2. Termination of functions of administrative and

technical staff ............................................. 2.5.3. Termination of functions of service staff ........ 2.6. Facilities granted to accredited and document-

ed staff members upon their arrival at Madrid-Barajas Adolfo Suárez airport ......................

2.7. Queries to the Deputy Directorate-General for Chancellery ................................................

3. DIPLOMATIC CORPS. PRECEDENCE ........

3.1. Diplomatic Corps ........................................ 3.2. Doyen of the Diplomatic Corps in Spain ....... 3.3. Diplomatic List ........................................... 3.4. Precedence of Heads of Mission ................... 3.5. Precedence of diplomatic staff ......................

4. CHANGE IN CATEGORY OF ACCREDITED STAFF .......................................................


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5. HIRED STAFF ............................................

5.1. Definition ................................................... 5.2. Hiring conditions ........................................ 5.3. Registration as a firm with the Social Security

Administration, and affiliation and/or registra-tion of employees .......................................

5.4. Lawsuits at industrial tribunals (labour issues) ..

6. PRIVATE SERVANTS / STAFF ....................

6.1. Definition ................................................... 6.2. Hiring / Accreditation ................................. 6.2.1. Hiring ........................................................ 6.2.2. Accreditation .............................................. 6.3. Termination of functions ..............................

7. TAX PRIVILEGES .......................................

7.1. Exemptions ................................................ 7.1.1. Formalities upon occupying post .................. 7.1.2. Goods imported with exemption by staff with

diplomatic status ......................................... 7.2. VAT exemption/refund for Diplomatic

Missions ..................................................... 7.2.1. Direct exemption (VAT not included in price) . 7.2.1.1. Real estate properties .................................. 7.2.1.2. Building work ............................................. 7.2.1.3. Procedure .................................................. 7.2.2. VAT refund (VAT included in the price) .......... 7.2.2.1. Goods for official use ................................... 7.2.2.2. Office supplies ............................................ 7.2.2.3. Utilities and services .................................... 7.2.2.4. Procedure .................................................. 7.3. VAT refund for diplomatic agents, career consu-

lar officers and staff members of International Agencies with diplomatic status ....................


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7.4. VAT exemption in purchases in one EU mem-ber state for delivery to another ....................

7.5. Vehicles ..................................................... 7.5.1. Maximum number of vehicles for official and

private use ................................................. 7.5.2. Special number plates: Types ....................... 7.5.3. Procedure .................................................. 7.6. Driving licences: Exchange ........................... 7.7. Fuel ........................................................... 7.8. Vehicle insurance ........................................

8. PARKING SPACES .....................................

8.1. In the city of Madrid .................................... 8.2. At the Chancellery or International Agency

headquarters, and at the Head of Mission’s residence ...................................................

8.3. At the Consulates General located in Spain’s capital city .................................................

8.4 At Consular Posts not located in Spain’s capi-tal city .......................................................

8.5. At Madrid-Barajas Adolfo Suárez airport .......

9. TRAFFIC REGULATIONS ...........................

10. COMMUNICATIONS: DIPLOMATIC BAG; RADIO STATIONS .....................................

10.1. Delivering and picking up diplomatic bags ..... 10.1.1. Checked-in diplomatic bags ..........................10.1.2. Diplomatic bags entrusted to the aircraft cap-

tain ...........................................................10.1.3. Accreditation of the diplomatic courier ..........10.2. Installation of communications equipment:

radio-electrical stations and satellite communi-cation stations ............................................


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11. ACQUISITION OF LAND, PROPERTIES AND PREMISES TO BE ASSIGNED TO DIPLOMATIC MISSIONS AND CONSULAR POSTS ......................................................

11.1. Definition of these properties ....................... 11.2. Prior authorization procedure ....................... 11.3. Tax regime and exemptions .........................

12. OFFICIAL VIP LOUNGE .............................

12.1. Requests to make use of an Official VIP Lounge at a Spanish airport.........................

12.2. Foreign VIPs for whom the use of an Official VIP Lounge may be requested ......................

12.3. Terms of use of an Official VIP Lounge ......... 12.4. First arrival of Ambassadors or departure after

termination of functions ..............................

13. SECURITY .................................................

13.1. General considerations ................................ 13.2. Security at the premises of Embassies, Consular

Posts and International Agencies and for the staff thereof................................................

13.3. Security for VIPs visiting or in transit.............

14. FIREARMS LICENCES ...............................

15. CONSULAR POSTS...................................

15.1. Establishment or modification of a Consular Post ..........................................................

15.2. Categories and classes of Heads and staff members of Consular Posts .........................

15.2.1. Categories and classes of Heads of Consular Posts .........................................................


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15.2.2. Categories and classes of consular staff mem-bers ...........................................................

15.3. Appointment of career Heads of Consular Posts .........................................................

15.3.1. Provisional acceptance ................................ 15.3.2. Temporary exercise of functions ................... 15.4. Appointment of career consular staff members 15.5. Types of passport ....................................... 15.6. Appointment of honorary Heads of Consular

Posts ......................................................... 15.6.1. Request for appointment ............................. 15.6.2. Communicating the appointment and notify-

ing the local authorities ............................... 15.6.3. Provisional acceptance ................................ 15.6.4. Temporary exercise of functions ................... 15.7. Appointment of honorary consular officers .... 15.8. Incompatibilities regarding honorary consular

staff ...........................................................

16. HOLDING ELECTIONS / REFERENDUMS ..

17. UPDATING CONTACT INFORMATION .......


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INTRODUCTION

Spain’s Ministry of Foreign Affairs and Cooperation (MAEC) values most positively the increasing presence in Spain of new Diplomatic Missions and Consular Posts, as well as the grow-ing number of International Agencies that establish their head-quarters or open offices in our country.

Thus, one of this Ministry’s priorities is to assist them, as far as possible, both in their initial establishment and the arrival of their accredited staff and dependent family members, as well as in the exercise of the paramount mission they carry out in Spain.

These duties are entrusted to MAEC’s Directorate-General for the Introducer of Ambassadors, through its two attached Deputy Directorates-General: the Deputy Directorate-General for Official Visits and Trips, Ceremonials and Orders, and the Deputy Directorate-General for Chancellery.

In line with this commitment, this Practical Guide for the Diplomatic Corps accredited in Spain is published regularly.

The aim of this Guide, which is neither exhaustive nor legally binding, is to provide Embassies, Consulates and International Agencies with general guidance on a variety of matters that they need to address, both in their most frequent official ac-tivities and in the private sphere of their accredited staff and dependent family members.

This Guide is, therefore, essentially practical and seeks to provide guidelines on the most appropriate way of complying with the administrative procedures that are to be conducted with this Ministry and with other Public Administrations, mini-mizing administrative burdens and informing of the specific benefits may be enjoyed while in Spain.


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Its 17 chapters aim to answer the most frequently asked ques-tions. Moreover, each of the chapters refers to Spanish practice or to the applicable regulations, and, when appropriate, to the relevant Ministry, in order to facilitate any ensuing formalities.

This new edition includes updates on new legal provisions concerning areas such as labour relations, which affect the lo-cal hiring of staff and of domestic personnel (private servants/staff); the registration of vehicles and the settlement of traffic offences; the use of Official VIP Lounges at airports; diplomatic security and private security; the establishment of a prior admin-istrative procedure for the acquisition or lease of properties for official use, to guarantee compliance with municipal regulations in force on the matter, pursuant to a Collaboration Agreement between MAEC and the Madrid City Council; and the download-ing of staff accreditation form from the MAEC website: http://www.exteriores.gob.es/Portal/es/Ministerio/Protocolo/Paginas/EmbajadasExtranjerasAcreditadas.aspx

This same link also leads to the updated List of Diplomatic and Consular Staff Accredited in Spain, and its order of precedence, in addition to this Practical Guide in Spanish, French and English.

I also wish to note the convenience of the e-mail addresses [email protected] (of the Deputy Directorate-General for Official Visits and Trips, Ceremonial and Orders) and [email protected] (of the Deputy Directorate-General for Chancellery), to which Representations may address their queries on specific issues for which the two Deputy Directorates-General are responsible.

Finally, I wish to reiterate the spirit of cooperation with Embassies, Consulates and International Agencies which guides the action of this Office of the Introducer of Ambassadors, both in relation with the matters addressed in this publication and with any other issue of interest submitted for consideration.

Madrid, 2017

María Sáenz de Heredia Introducer of AmbAssAdors


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EXPLANATORY NOTE

The references in this publication to the different Ministries and other Public Administration bodies, as well as their organizational charts, are subject to change.

The principal reference with regard to Spain’s Public Administrations is the General Access website: http://administra-cion.gob.es/


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1. HEADS OF MISSION

1.1. REQUEST FOR AGRÉMENT

Spanish practice, in line with international tradition in this sphere, requires the corresponding Head of Mission to personally present to the Introducer of Ambassadors of the Ministry of Foreign Affairs and Cooperation a request for the necessary agrément to be granted by the Spanish Government for the new Ambassador proposed. This is in order to comply with traditional diplomatic practice, whereby great importance is attached to this procedure, as well as to its sensitive and confidential nature, since it involves the replacement of persons such as Ambassadors Extraordinary and Plenipotentiary, who enjoy the highest degree of trust from the Head of State they are appointed to represent. The request must be accompanied by a detailed curriculum vitae of the candidate for whom agrément is requested.

Alternatively, pursuant to international practice, agrément for a Head of Mission to be accredited in Spain may be requested by the corresponding Ministry of Foreign Affairs from the Embassy of Spain in the capital city of the requesting State.

Once agrément has been granted, this is officially communicated to the Head of Mission in Madrid of the sending State, if request-ed by the latter, who shall be summoned for this purpose by the Introducer of Ambassadors or by the Ambassador of Spain to the sending country, if the request was submitted through this channel.

1.2 ARRIVAL IN MADRID

1.2.1. Notice of arrivalThe Ministry of Foreign Affairs and Cooperation shall be in-

formed, by means of a Note Verbale, of the date and time of ar-


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rival, means of transport and accompanying persons. In the same Note Verbale, a date shall be requested to submit the Required Copies of the Letters of Credence.

1.2.2. Arrival and receptionIf arrival in Madrid is:

a) By air: The Head of Mission shall be received by a senior of-ficial of the Protocol Service of the Ministry of Foreign Affairs and Cooperation and by the Chargé d’Affaires ad interim, who shall accompany him/her to the Official VIP Lounge at the airport.

b) By train: The Head of Mission shall be received, upon de-scending from the train, in a similar manner to that described above.

If Ambassadors arrive on a working day between 9.00 am and 7.00 pm, they shall be received as described above. If Ambassadors arrive outside these hours or on a Saturday, on a Sunday or on a public holiday, or if they arrive by car, a senior Protocol Official shall visit them, at the Embassy, on the first work day following arrival, to present compliments.

1.2.3. Transfer of the Head of Mission to the residence or hotel

a) If the Head of Mission’s residence is in Madrid, the Embassy shall provide the vehicles necessary for transfer.

b) If the Head of Mission’s residence is not in Madrid, Protocol Services shall arrange transport and may also make the relevant hotel reservations, if the Ambassador so requests, always at the Embassy’s expense.

1.3. PRESENTATION OF LETTERS OF CREDENCE AND SUBMISSION OF REQUIRED COPIES

(See information booklet titled “Letters of Credence”)


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1.4. TERMINATION OF FUNCTIONS

Upon being officially informed of termination of functions and, in any case, one month prior to effective departure from the coun-try, the Head of Mission may address the Office of the Introducer of Ambassadors, by means of a Note Verbale or Signed Note, to request farewell audiences with the Minister of Foreign Affairs and Cooperation and senior officials of this Ministry.

The Head of Mission, before departure, must appoint, by Note Verbale or Signed Note addressed to the Office of the Introducer of Ambassadors, the diplomatic agent who shall remain in charge of the Mission as Chargé d’Affaires ad interim until the successor arrives.

Otherwise, the appointment of the Chargé d’Affaires shall be effected by the Ministry of Foreign Affairs of the sending State as described in paragraph 2.3.2.

The Diplomatic Mission shall inform the Office of the Introducer of Ambassadors of the date of termination of functions of the Head of Mission, as well as the date, means of transport and time of departure, for a proper farewell.

Upon leaving, and within a courtesy period not exceeding 90 days from the date of termination of functions, the Head of Mission shall return his/her ID or accreditation, together with those of his/her family members, to the Deputy Directorate-General for Chancellery of the Ministry of Foreign Affairs and Cooperation. Likewise, the documentation and diplomatic num-ber plates of his/her vehicle(s) shall be returned, and their regis-tration cancelled.

1.5. HEAD OF MISSION ACCREDITED TO THE MINISTRY OF FOREIGN AFFAIRS AND COOPERATION

If the Head of Mission is a Chargé d’Affaires accredited before the Minister of Foreign Affairs and Cooperation (Article 14c of the Vienna Convention on Diplomatic Relations of 18 April 1961), this Ministry shall be informed, as indicated in section 1.2.1, of


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his/her arrival in Madrid, with the exception that the same Note Verbale informing of the date and time of arrival and of accompa-nying persons shall also include a request for a date and time for presentation of the Appointment Letters.


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2. STAFF MEMBERS OF THE MISSION

2.1. CATEGORIES

The Vienna Convention on Diplomatic Relations (VCDR) of 18 April 1961 defines, in Article 1c, the members of the staff of the Mission as the members of the diplomatic staff, of the administra-tive and technical staff and of the service staff of the Mission.

In this regard, the content of Circular Note Verbale 55/7 of July 19, 2012 must be recalled. The privileges and immunities recognized in the VCDR are not granted to benefit persons, but to guarantee the effective performance of the duties of diplomatic missions.

Thus, the above mentioned article 1 of the VCDR (sections e and f), establishes an explicit difference between the persons who perform diplomatic activities and the persons who perform admin-istrative or technical tasks.

Regarding this differentiation of functions, this Ministry of Foreign Affairs will take into consideration the provisions of article 11 of the VCDR, limiting the acceptance of the appointment of persons in a certain category, regardless of the type of passport with which they could be documented, when it deems that their function and number exceeds what is reasonable.

2.1.1. Diplomatic staff

Diplomatic staff shall be understood as the staff members of the Mission having diplomatic status.


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2.1.2. Administrative and technical staffAdministrative and technical staff shall be understood as the

staff members of the Mission employed in the Mission’s adminis-trative and technical services.

2.1.3. Service staffService staff shall be understood as the staff members of

the Mission employed in the domestic service of the Mission (Chancellery and Head of Mission’s residence).

2.2. ACCREDITATION AND DOCUMENTATION

2.2.1. Accreditation visaMembers of Missions of countries that have not signed an

agreement waiving first-entry visas for accreditation purposes shall request the appropriate visa for themselves and their family mem-bers.

2.2.2. Arrival. Notification to the Ministry of Foreign Affairs and Cooperation

Upon arrival of a new member of a Mission to Spain, the corre-sponding Embassy shall so inform the Deputy Directorate-General for Chancellery by sending:

— A Note Verbale for each member. In the event that depend-ent family members are accredited at the time of arrival of the staff member, the request for accreditation of the family members shall be made in the same Note Verbale.

— A duly completed accreditation form, pursuant to the provi-sions of Circular Notes Verbale 11/7 of 6 March 2014 and 1/7 of 23 April 2014.

Said form is available at the MAEC website, at: http://www.exteriores.gob.es/Portal/es/Ministerio/Protocolo/Paginas/EmbajadasExtranjerasAcreditadas.aspx


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For the accreditation request to be processed, it is crucial that said form be properly sent to the MAEC Deputy Directorate-General for Chancellery. In other words, it must meet the follow-ing requirements:

a) Be filled in using capital lettersb) Include the relevant information in all the applicable sectionsc) Bear the signature and stamp of the Head of Mission

— Curriculum vitae (only for staff members with diplomatic sta-tus).

— Two recent colour photographs, passport-size, with a white background, the head uncovered, and not wearing dark glasses.

— Photocopy of the passport (see 1.2.4 hereof), includ-ing the page where the visa appears, if applicable, and/or the entry stamp into the Schengen area. In addition to Spain, the Schengen area currently includes the following: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Slovenia, Sweden and Switzerland.

Once the accreditation of the new staff member and, as the case may be, dependent family members, has been accepted, MAEC shall notify the relevant Embassy by means of a Note Verbale. This Note Verbale shall be accompanied by the ID document and accreditation of the staff member, and as the case may be, of de-pendent family members (see 1.2.6.)

2.2.3. Types of passport

Spanish practice requires the following types of passports for the staff of Diplomatic Missions accredited in Spain:

a) Head of Mission and diplomatic staff:Diplomatic passport.


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b) Administrative and technical staff:Diplomatic, official or service passport.

c) Service staff:Official, service or ordinary passport.

2.2.4. Nationality of accredited staffSpanish practice requires that diplomatic, administrative and

technical staff of the Mission must possess the nationality of the sending State and not be legal residents in Spain.

Should the person concerned be permanently resident in Spain prior to his/her appointment, in order to be accepted and accredited by the Ministry of Foreign Affairs and Cooperation, s/he must make prior and express renunciation of the Spanish residence permit.

Should s/he be a national of a country that requires an accredi-tation visa, both the staff member and his/her dependent family members must obtain said visa prior to acceptance, as well as the passport corresponding to their accreditation category.

Service staff members of the Mission may possess the national-ity either of the sending State or of a third State, but never that of the receiving State.

2.2.5. Entry into and exit from SpainStaff members of Diplomatic Missions shall only require a first-

entry visa for accreditation purposes, except when a waiver agree-ment exists. Once the relevant ID card and accreditation have been issued, said staff members may enter and leave Spanish territory by simply showing this card, together with their passport, provided neither has expired.

2.2.6. Accreditation documentsThe Ministry of Foreign Affairs and Cooperation shall provide an

ID card for all accredited staff and their dependent family members.


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The format of this document has been in force since 2010, pursuant to Circular Note Verbale 14/7, of 15 June 2010.

2.2.7. Dependent family membersThe Mission staff member requesting accreditation is entitled

to request the accreditation of the following as dependent family members:

a) Spouse or civil partner formally registered or recognized in the sending State.

b) Children until the year they turn 18.

c) Children over the age of 18 provided that there is appropri-ate documentation proving that they are economically de-pendent on the accredited staff member, and still live in the family home.

d) Parents by birth or by marriage, provided that they live with and are economically dependent on the accredited staff member.

In the event of accrediting the civil partner of a member of a Mission, Consular Post or International Agency, said civil partner must bear a passport of similar characteristics to that of the accred-ited staff member (diplomatic, service or official passport), which clearly indicates the relationship with the accredited staff member, using the expression “civil partner” or another similar expression.

If the above is not possible, a certified document must be sub-mitted, legalized by an official civil partnership registry in the ac-crediting State, in which the relationship is formally recognized.

The current accreditation regime for children over the age of 18 has been in force since 1 January 2016, pursuant to the provi-sions of Circular Note Verbale 54/7, of 1 December 2015. Said Circular Note Verbale sets forth that an ID document shall be is-sued to children who have previously been accredited as depend-ent family members of a staff member, who turn 18 during their stay in Spain, continue living in the family home, and have a re-


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lation of economic dependence on the staff member accredited before the Deputy Directorate-General for Chancellery.

This new accreditation does not confer any of the privileges granted by the Vienna Convention on Diplomatic Relations (1961) or by the Vienna Convention on Consular Relations (1963), and grants no authorization whatsoever to engage in gainful activity or employment. If the person concerned wishes to engage in em-ployment or professional activity, the above document must be returned immediately to this Ministry and the necessary work per-mit obtained, pursuant to Organic Law 4/2000, of 11 January, on the Rights and Freedoms of Aliens in Spain and Their Social Integration (Official State Gazette, or BOE, 12 January), which has been subsequently implemented, most recently by Organic Law 2/2009, of 11 December (BOE of 12 December).

In the case of children over the age of 18 and under 23 accom-panying the diplomatic agent when s/he is accredited in Spain, they shall be issued the same accreditation and ID document as children accredited before they turn 18 and reach this age be-fore the termination of functions of the accredited staff member. The accreditation children over the age of 18 as dependent family members may be extended for a maximum of 5 years. When that extension period has finished, if the staff member on whom they are dependent is still accredited, they may request a residence per-mit pursuant to the above-mentioned Organic Law 4/2000 and any other laws on aliens in force.

2.2.8. Work by spouses and dependent family members

Except in the case of citizens of countries belonging to the European Union, Spanish practice requires that international agreements be entered into, to regulate access to gainful activity by dependent family members of accredited staff. If there is no prior bilateral agreement or convention recognizing and establishing the terms and conditions to carry out gainful employment, no type of gainful employment whatsoever may be exercised.


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If authorization were needed for the spouse of an accredited staff member to engage in professional activity, the Embassy of the send-ing State shall request this authorization from MAEC by means of a Note Verbale. This Note Verbale shall include information on the accredited staff member and his/her spouse, as well as on the com-pany where said activity is to be performed, stating the sector in which that activity is included (e.g. teaching, consultancy, tourism).

2.3. CHARGÉ D’AFFAIRES AD INTERIM.

2.3.1. Appointment by the Head of MissionWhen, either temporarily or permanently due to the termina-

tion of functions, a Head of Mission must leave Spanish territory, s/he must appoint, prior to departure, a Chargé d’Affaires ad interim who, in his/her absence, shall perform the functions of temporary Head of Mission. This appointment shall be notified to the Ministry of Foreign Affairs and Cooperation by means of a Note Verbale or Signed Note.

2.3.2. Appointment by the Ministry of Foreign Affairs of the sending State

If, for any reason, the Head of Mission fails to appoint a Chargé d’Affaires ad interim upon his/her, the Ministry of Foreign Affairs of the sending State shall make the appointment, by either of these two means:

— Telegram from the Minister of Foreign Affairs of the sending State addressed to his/her Spanish counterpart.

— Written notice served by the Ministry of Foreign Affairs of the sending State to the Embassy of Spain to that country.

2.3.3. Absence of the Chargé d’Affaires ad interim and appointment of another in lieu

In the event that the Chargé d’Affaires ad interim must leave Spanish territory, another shall be appointed by the Ministry of


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Foreign Affairs of the sending State, using the procedure described in the preceding section. In any case, the person appointed must belong to the diplomatic corps, either as a member of the Mission or sent specifically for this purpose.

2.3.4. Termination of functionsThe functions of the Chargé d’Affaires ad interim shall cease:

a) In the case of temporary absence of the Head of Mission, upon the latter’s return, which shall be notified to the Ministry of Foreign Affairs and Cooperation by means of a Note Verbale.

b) In the case of definitive absence, upon the arrival and pres-entation of the Required Copies of the Letters of Credence by the new Head of Mission.

2.3.5. Chargé d’Affaires ad interim of a Diplomatic Mission with multiple accreditation

A State with a Head of Mission accredited to Spain and to another State or States and who is not resident in Madrid may establish in the latter a Diplomatic Mission headed by a Chargé d’Affaires ad interim.

2.4. DEFENCE ATTACHÉS

Spanish practice requires the prior granting of approval by the Ministry of Foreign Affairs and Cooperation in order to appoint Defence, Military, Naval and Air Attachés of Diplomatic Missions accredited in Madrid. In order to request approval, the Mission concerned shall submit:

— A Note Verbale requesting approval.

— Curriculum vitae of the candidate.

Once approval has been granted, the corresponding visa must be applied for at the relevant Spanish Diplomatic Mission or Consular Post in order to proceed with the accreditation (unless a visa waiver agreement is in place).


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Once in Spain, the Defence, Military, Naval or Air Attaché’s ac-creditation and documentation shall be similar to that of the other diplomatic staff of the Mission (see 1.2.2. et seq.).

Without prejudice to any visits that they may consider appropriate to pay to officials of the Ministry of Foreign Affairs and Cooperation, these Attachés must introduce themselves upon arrival to the Military Attaché Service of the Office of the Defence Chief of Staff.

2.5. TERMINATION OF FUNCTIONS OF DIPLOMATIC, ADMINISTRATIVE, TECHNICAL AND SERVICE STAFF.

2.5.1. Termination of functions of diplomatic staff

The Diplomatic Mission shall notify by individualized Note Verbale the termination of functions of a staff member with dip-lomatic status (indicating date of effect) and shall return to the Deputy DirectorateGeneral for Chancellery the corresponding ID document and accreditation, as well as those of dependent family members. Likewise, following termination of functions the docu-mentation and diplomatic number plates of his/her vehicle(s) shall be returned, and their registration cancelled.

There shall be a courtesy period not exceeding 60 days from the date of termination of functions to return the documentation and, as the case may be, the number plates.

2.5.2. Termination of functions of administrative and technical staff

The Diplomatic Mission shall notify by individualized Note Verbale the termination of functions of a staff member of this cat-egory (indicating date of effect), attaching the corresponding ID document and accreditation, as well as those of family members. Likewise, it shall return the documentation and number plates of his/her vehicle, registration of which must be cancelled, within a courtesy period not exceeding 60 days from the date of termina-tion of functions.


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2.5.3. Termination of functions of service staff

The Diplomatic Mission shall notify by individualized Note Verbale the termination of functions of a staff member of this cat-egory (indicating date of effect), attaching the corresponding ID document and accreditation

2.6. FACILITIES GRANTED TO ACCREDITED AND DOCU-MENTED STAFF MEMBERS UPON THEIR ARRIVAL AT MADRID-BARAJAS ADOLFO SUÁREZ AIRPORT

By means of Circular Note Verbale 24/7, of 1 December 2006, MAEC informed the accredited Diplomatic Missions and International Agencies with headquarters or offices in Spain of the adoption of a measure which greatly facilitates the entry into Spain, via Madrid-Barajas Adolfo Suárez Airport, of accredited staff members who have already been issued a diplomatic or con-sular ID card by this Ministry.

The measure consists in permitting access to the passport control area of said Airport through the route indicated as being reserved for EU citizens, as a general rule and regardless of nationality.

This facility has considerably streamlined entry formalities and provided accredited staff with greater ease in their foreign travel.

2.7. QUERIES TO THE DEPUTY DIRECTORATE-GENERAL FOR CHANCELLERY

By means of Circular Note Verbale 21/7, of 17 May 2007, MAEC informed that the Deputy Directorate-General for Chancellery has implemented a fast track for queries from Diplomatic Missions and International Agencies, through a new e-mail address ([email protected]) with the aim of improving the service provided to accredited staff and to reduce the considerable number of telephone queries received every day concerning ac-creditation, diplomatic exemptions, VAT refunds and exemptions, number plates and driving licences.


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3. DIPLOMATIC CORPS. PRECEDENCE

3.1. DIPLOMATIC CORPS

The Diplomatic Corps in Spain is composed of the Heads of Mission and officials with diplomatic rank accredited in Spain.

3.2. DOYEN OF THE DIPLOMATIC CORPS IN SPAIN

The Doyen of the Diplomatic Corps in Spain is the Apostolic Nuncio of His Holiness The Pope accredited to His Majesty The King and as such, as well as representing the Diplomatic Corps ac-credited in Spain, he always occupies the highest position amongst the Heads of Mission.

3.3. DIPLOMATIC LIST

The Ministry of Foreign Affairs and Cooperation regularly pub-lishes an up-to-date List of the Diplomatic Corps accredited in Spain.

For this purpose, each Mission or Organization shall convey, each year, to the Deputy Directorate-General for the Chancellery, by Note Verbale, a list of diplomatic staff in order of precedence (indicating marital status) and, if applicable (for Heads of Mission and Deputy Heads), their spouses’ forenames and surnames, as well as the relevant address, telephone numbers, fax, e-mail, web-site and opening hours.

The duly updated list of accredited staff may be found on the website of the Ministry of Foreign Affairs and Cooperation, at the following link:


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http://www.exteriores.gob.es/Portal/es/Ministerio/Protocolo/Paginas/EmbajadasExtranjerasAcreditadas.aspx

Circular Notes Verbale 10/7, of 6 March 2014, and 40/7, of 14 September 2016, recalled the advisability of updating, in the event of changes, the information regarding addresses and telephone numbers of the residences of Head of Missions and of Deputy Heads of Mission, their mobile phone numbers and Missions’ 24/7 permanent contact numbers, even though this in-formation will not be published.

3.4. PRECEDENCE OF HEADS OF MISSION

The date and order of presentation of the Letters of Credence to His Majesty The King shall determine the order of precedence of the Heads of Mission. In turn, precedence in the order of pres-entation of the Letters of Credence shall be determined by the date and order of submission of the Required Copies to the Ministry of Foreign Affairs and Cooperation, without prejudice to the prec-edence recognized to the Heads of Mission resident in Spain.

3.5. PRECEDENCE OF DIPLOMATIC STAFF

The Head of Mission shall inform of the order of precedence of the Mission’s diplomatic staff, including on the accreditation form, in addition to the individual’s rank and functions, the correspond-ing position on the Diplomatic List (precedence).


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4. CHANGE IN CATEGORY OF ACCREDITED STAFF

Spanish practice permits changes of rank or function, provided the category remains unchanged. For example, promotion from Second Secretary to First Secretary or change of functions of a Counsellor (from Political Affairs to Economic Affairs) within the category of diplomatic staff. The same consideration applies to the category of administrative and technical staff.

However, Spanish practice does not accept changes between staff categories a Diplomatic Mission; for example, the appoint-ment of administrative and technical staff as diplomatic staff.

The same practice is observed in the consular sphere.


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5. HIRED STAFF

5.1. DEFINITION

This category includes staff hired in Spain by Diplomatic Representations, Consular Posts and International Agencies to carry out administrative, technical or service duties. Therefore, these employees do not have the status of members of the staff of the Mission, pursuant to Article 1 of the Vienna Convention on Diplomatic Relations (see 2.1).

5.2. HIRING CONDITIONS

The labour laws and regulations applicable to relations between Missions and their locally hired staff are those applicable in the receiving State. The Mission or Agency is, thus, to be considered the employer for all purposes, without this implying any detri-ment whatsoever to the privileges and immunities to which the Representation is entitled as such.

For information purposes and for the proper application of this legislation, the Ministry of Foreign Affairs and Cooperation recom-mends securing the advice of lawyers who specialize in Spanish labour law.

For information purposes, the following basic requirements must be met when hiring this type of staff:

— They must be Spanish nationals or be legally resident in Spain.

— The hiring must be effected by means of the appropriate employment contract, preferably drawn up in Spanish, and in compliance with prevailing Spanish labour law.


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— Special importance is to be given to requirements involv-ing the statutory minimum wage, maximum working hours, working week, annual holidays and leave, disciplinary regime and causes for termination of the employment contract.

— They must necessarily be affiliated and/or registered with the Social Security System. For this purpose, the Diplomatic Mission, Consular Post or International Agency must previ-ously register as a firm and fulfil, with respect to these work-ers, the requirements established in this regard.

The most noteworthy legal instruments on labour matters in-clude:

— Royal Legislative Decree 2/2015, of 23 October, approving the consolidated text of the Workers’ Statute Act (Official State Gazette, or BOE, of 24 October).

— Act 43/2006, of 29 December, for better growth and jobs (BOE of 30 December).

— Act 35/2010, of 17 September, on urgent measures to re-form the job market (BOE of 18 September).

— Royal Decree-Law 10/2011, of 26 August, on urgent meas-ures to promote youth employment, encouraging job stability and the maintenance of the professional re-qualification pro-gramme for persons whose unemployment benefit comes to an end (BOE of 30 August).

— Act 3/2012, of 6 July, on urgent measures to reform the job market (BOE of 7 July).

— Royal Decree-Law 20/2012, of 13 July, on measures to guarantee budgetary stability and to encourage competition (BOE of 14 July).

— Royal Decree-Law 4/2013, of 22 February, on measures to support entrepreneurs and to stimulate growth and job crea-tion (BOE of 23 February).

The most noteworthy legal instruments on Social Security mat-ters include:


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— Royal Legislative Decree 8/2015, of 30 October, approving the consolidated text of the General Social Security Act.

— Organic Law 4/2000, of 11 January, regulating the rights and freedoms of aliens in Spain and their social integra-tion (BOE of 12 January, corrected on 24 January), and its amendment through Organic Law 2/2009.

— Act 40/2007, of 4 December, on Social Security measures (BOE of 5 December).

— Act 27/2011, of 1 August, on the updating, adaptation and modernization of the Social Security system (BOE of 2 August, corrected on 5 October).

— Act 36/2011, of 10 October, regulating industrial jurisdic-tion (BOE of 11 October).

In any case, please consult the websites of the Ministry of Employment and Social Security (www.empleo.gob.es) and of the Spanish Public Administration (www.administracion.gob.es), which, in addition to details on the Ministry’s organizational struc-ture, addresses and phone numbers, also provide particularly use-ful information on the different formalities that need to be carried out in each case.

The hiring of employees shall be notified to this Ministry by means of a Note Verbale, to which the following shall be attached: the corresponding form (see 2.2.2.), two recent passport-size col-our photographs, a photocopy of the document evidencing com-pliance with Social Security obligations, and a photocopy of the Spanish National ID Card or residence permit in force.

For its part, the Deputy Directorate-General for Chancellery shall take note of said hired staff and issue a card for them. Please note that said card shall not be an official identification document; Spanish citizens must possess a National ID Document and aliens permanently resident in Spain must possess the corresponding Residence Card (Circular Note Verbale 14/7, of 15 June 2010).


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5.3. REGISTRATION OF THE MISSION OR INTERNATIONAL AGENCY AS A FIRM WITH THE SOCIAL SECURITY ADMINISTRATION AND AFFILIATION AND/OR REGISTRATION OF EMPLOYEES

Registration is an administrative act by which the Social Security General Treasury assigns a firm a number to identify it and to ver-ify compliance with its obligations in relation to the corresponding Social Security regime.

Once registration as a “firm” has been formalized, Diplomatic Missions, Consular Posts and International Agencies located in Spain shall notify the corresponding Social Security General Treasury office (depending on the location of their headquarters) of the individuals hired, as well as of the dismissals and variations in the details of locally-hired employees, whether Spanish/EU citi-zens or third-country nationals who are legally resident and hold a work permit (see Circular Note Verbale 16/7, of 5 July 2010) when their labour relationship starts and when it ends, as well as maintaining their employees’ Social Security registrations current, paying the corresponding contributions in due time, until the la-bour relationship has finished.

A Resolution of the State Secretariat for Social Security of 27 July 2006 established a new procedure enabling affiliation to the Social Security system for staff hired by Diplomatic Missions ac-credited in Spain.

The main features of this procedure are the following:

— It is applicable to Diplomatic Missions and Consular Posts of countries with which there is no bilateral Social Security Agreement, which wish to include their hired staff in the Spanish Social Security system.

— This affiliation shall be made extensive to all non-civil servant staff of the Diplomatic Mission or Consular Post, regardless of their nationality, and shall be requested at the correspond-ing Provincial Directorates of the Social Security General Treasury or at the Administrations thereof.


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— The Diplomatic Mission or Consular Post shall be considered a “firm”, it shall be registered in the General Social Security regime, and shall have to provide—without detriment to its privileges and immunities—whatever collaboration is re-quested of it, as such, by Spanish authorities and institutions.

— Affiliation and registration shall enter into effect the first day of the month following the date of application, unless a later date is stated in the request.

Persons working exclusively in the private service of members of Diplomatic Missions and Consular Posts are regulated as follows for Social Security purposes:

— If they have Spanish nationality, they are fully subject to the legal provisions of the Spanish Social Security system.

— If they have any other nationality, they may join the Spanish Social Security system at the request of their employer.

For any other aspect not envisaged in the above-mentioned Resolution, the applicable legal provisions shall be those of the Spanish Social Security system, provided they are not contrary to the principles of the Vienna Conventions of 1961 (VCDR) and 1963 (VCCR).

Please note that on 23 October 2015 the primary legal instru-ment for labour relations in Spain was approved, namely, Royal Legislative Decree 2/2015, which approved the consolidated text of the Workers’ Statute Act (BOE of 24 October 2015).

It is advisable to consult the Ministry of Employment and Social Security’s website www.empleo.gob.es, which includes a section called “Social Security” with extensive information on the different formalities that are carried out within the Social Security system (including affiliation, registration, deregistration and changes, and special agreements), as well as details of the Social Security’s ad-ministrative structure, addresses and contact phone numbers to help resolve any queries.


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If the above formalities were to prove difficult, the Ministry of Foreign Affairs and Cooperation suggests procuring the services of a specialized administrative agency (gestoría), given that particu-larly important social security matters are involved.

5.4. LAWSUITS AT INDUSTRIAL TRIBUNALS (LABOUR ISSUES)

By means of Circular Note Verbale 6/7, of 1 February 1990, the Ministry of Foreign Affairs and Cooperation informed the Diplomatic Missions accredited in Spain of the tendency of Spanish Courts of Law to affirm Spanish jurisdiction in labour matters (Supreme Court rulings of 10 February and 1 December 1986).

The experience of the last few years has confirmed that non-compliance with labour or Social Security laws, with regard to locally hired employees, has resulted in the filing of a growing number of lawsuits, which have been admitted for consideration by industrial tribunals, and a substantial increase in cases where the Court has ruled against the defendant, and in which case non-compliance has led to enforcement proceedings.

Therefore, and in order to prevent situations that may disrupt the normal functioning of Missions, to preserve their public image and to safeguard the legitimate interests of the individuals involved, the Ministry of Foreign Affairs and Cooperation offers the follow-ing recommendations to Diplomatic Missions, Consular Posts and International Agencies:

— Strict compliance with Spanish law in this field as in oth-ers, pursuant to the provisions of Article 41 of the Vienna Convention on Diplomatic Relations and of Article 55 of the Vienna Convention on Consular Relations.

— Formal appearance at proceedings, with legal representa-tion by lawyers making use of appropriate means of defence before the Courts of Law, so that the Court may be made aware of and evaluate the defendant’s point of view prior to handing down a ruling. In this sphere, the Ministry of


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Foreign Affairs and Cooperation would not object to con-veying to the Court involved, through diplomatic channels, the arguments deemed appropriate, provided an express re-quest is made in this regard.

— Use of the appeals permitted by law.

— Voluntary compliance with final rulings, given that once an enforcement measure has been adopted it is extremely dif-ficult to take the proceedings back to the time before the ruling was handed down.

The aforementioned Circular Note Verbale 16/7, of 5 July 2010, reaffirms the importance of observing Spanish labour and Social Security law and the serious consequences that non-compli-ance therewith could involve.


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6. PRIVATE SERVANTS / STAFF

6.1. DEFINITION

The Vienna Convention on Diplomatic Relations (VCDR) de-fines, in Article 1 (h), a “private servant” as “a person who is in the domestic service of a member of the mission and who is not an employee of the sending State”.

Moreover, the Vienna Convention on Consular Relations (VCCR), in Article 1 (i), calls such a staff member a “member of the private staff”, defined as “a person who is employed exclusively in the private service of a member of the consular post”.

Hence, private servants do not have the status of members of the staff of the Mission (Article 1.c of the VCDR), nor do members of the private staff have the status of members of the Consular Post (Article 1.g of the VCCR).

6.2. HIRING / ACCREDITATION

By means of Circular Note Verbale 26/7, of 8 April 2015, and Circular Note Verbale 5/7.2, of 15 February 2012, the Ministry of Foreign Affairs and Cooperation reminded Diplomatic Missions and International Agencies of the new legal provisions regulating private staff’s special labour relation, as contained in Royal Decree 1620/2011, of 14 November (BOE No. 277, of 17 November 2012).

It is important to take into account that there are two possible mechanisms for incorporating such staff: (1) hiring and, in special cases, (2) accreditation (an exceptional mechanism).


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6.2.1. Hiring

This is the usual mechanism for incorporating these workers into the private service of staff members with diplomatic status of Diplomatic Missions, Career Consular Posts and International Agencies.

These are workers hired in Spain, either Spanish nationals or persons with any other nationality but who are legally resident in Spain.

6.2.2. Accreditation

This is an exceptional mechanism for domestic servants accom-panying a diplomatic agent newly posted to Spain.

In accrediting private servants the Vienna Conventions (VCDR and VCCR) must be observed, and each and every one of the fol-lowing requirements must be met:

— The employees to be accredited may be nationals of the dip-lomatic agent’s sending State or of a third State.

— Prior to entering Spain, they must have obtained an accredi-tation visa, regardless of their nationality. The visa applica-tion must be formalized in a Note Verbale from the Foreign Ministry of the hiring diplomatic agent’s State (i.e. not by the Embassy in Madrid or by the employee to be accredited as a private servant), which shall be accompanied by a labour commitment, signed by the hiring diplomatic agent and by the private servant to be accredited.

— A maximum of two employees per diplomatic agent are al-lowed.

— The hiring diplomatic agent must have been accredited in Spain in the previous six months.

— This accreditation option is not possible for subsequent re-placements with employees coming to Spain and being ac-credited as personal servants of a diplomatic agent.


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— After the visa has been authorized and the accreditation formalized at this Ministry, the accreditation card shall be personally handed to the hired employee, who shall be in-structed regarding his/her rights and obligations.

— This document shall be renewed every six months. The re-newal application must be accompanied by proof of pay-ment of Social Security contributions and a bank certificate proving that the agreed salary has been paid each month.

— Staff hired under the “accreditation” formula may not accrue the time of services rendered under this format for the pur-poses set forth in prevailing law on aliens. The exception set forth in Article 2 of Act 4/2000 and its subsequent revisions is applicable.

Regardless of the mechanism used for engaging private staff in the service of a diplomatic agent (hiring in Spain/accreditation), the labour relationship shall be governed by prevailing Spanish la-bour law. At 1 February 2017, the main legal instruments include:

— Royal Decree 1620/2011, of 14 November, regulating the special labour relationship for domestic service.

— Workers’ Statute (Royal Legislative Decree 2/2015, of 23 October, approving the consolidated text of the Workers’ Statute Act, BOE of 24 October).

— Royal Decree-Law 29/2012, of 28 December, to improve the management and social protection of the Special System for Domestic Servants and other economic and social meas-ures (BOE of 31 December), with changes in Social Security contribution rates and their distribution between employer and employee, as set forth in the General State Budget for the relevant year.

As a general rule, please remember that these employees must be covered by the Spanish Social Security system, unless sufficient evidence is provided that a specific employee is protected by the Social Security system of the hiring diplomatic agent’s accrediting State or of a third State, pursuant to the provisions of Article 33


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of the Vienna Convention on Diplomatic Relations (VCDR) and of Article 48 of the Vienna Convention on Consular Relations (VCCR).

In order to avoid further complications, remember that the con-tractual obligations under labour and Social Security law shall be the exclusive and personal responsibility, in his/her capacity as employer, of the staff member of the Mission, Consular Post or International Agency hiring the personal servant and for whom this servant works. Non-compliance therewith falls within the purview of the industrial courts, pursuant to Act 36/2011, of 10 October, and there is an exception to immunity pursuant to Article 31.1 (c) of the VCDR and to Article 43.2 (a) of the VCCR.

The website of the Ministry of Employment and Social Security (www.empleo.gob.es) and the website of the Social Security system (http://www.seg-social.es/) provide information on these matters, including different types of contracts and contract templates.

In the event that a diplomatic agent hires an employee for his/her domestic service and intends to accredit him/her as a private servant, the procedure with the Ministry of Foreign Affairs and Cooperation is as follows:

— Upon the employee’s arrival in Spain, the Embassy, Consular Post or International Agency accrediting the hiring agent shall duly inform of this by means of a Note Verbale ad-dressed to the Deputy Directorate-General for Chancellery. This Note Verbale shall be accompanied by the documents mentioned in section 2.2.2 of this guide, and any type of passport shall be admissible.

— In turn, the Deputy Directorate-General for Chancellery shall take note of these arrivals and issue a card (in the case of staff locally hired in Spain) or an accreditation document (in the case of staff coming from abroad with their correspond-ing accreditation visa), pursuant to the provisions of Circular Note Verbale 14/7, of 15 June 2010.

On the basis of these provisions, Circular Note Verbale 26/7, of 8 April 2015 highlights the inescapable personal obligations


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of the employer (understood as a member of the corresponding Mission, Consular Post or International Agency) as regards certain aspects of law, including:

• statutoryminimumwage• maximumworkinghours• workingweekandpublicholidays• leaveandannualvacations• terminationoftheemploymentrelationship• advisabilitythatallworkcontractsconcludedaredraftedin

Spanish

6.3. TERMINATION OF FUNCTIONS

The termination of functions of a diplomatic agent shall auto-matically lead to that of their private servants who came to Spain with him/her, and to their obligation to leave Spain.

The Diplomatic Mission, Consular Post or International Agency shall inform the Deputy Directorate-General for Chancellery of the date, means of transport and the exit border point of these em-ployees. The accreditation documents issued to them shall be at-tached to the Note Verbale.


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7. TAX PRIVILEGES

The provisions regulating privileges and exemptions for Diplomatic Missions, Consular Posts and International Agencies are contained in Royal Decree 3485/2000, of 29 December (BOE of 30 December), whose Article 11 was amended by Royal Decree 1739/2003, and in the Ministry of the Treasury and Civil Service Order of 24 May 2001 (BOE of 26 May), which establish the limits to such privileges and exemptions.


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The application of the principle of reciprocity shall be taken into particular account in this regard. However, under no circum-stances may the limits established by prevailing law be exceeded.

Below is a summary of the most important aspects of the above-mentioned laws and of how to request recognition of these tax benefits. Likewise, attention is once again drawn to Circular Note Verbale 12/7, of 3 May 2011.

7.1. EXEMPTIONS

Privilege or exemption from all types of duties and taxes is granted to goods imported for official use by Diplomatic Missions accredited to and located in Spain, career Consular Posts and International Agencies located in Spain, with the limits and condi-tions set out in their headquarters agreements. The same privilege or exemption is granted to the goods necessary, in the quantities set out by the Spanish Ministry of the Treasury and Civil Service, for personal use and consumption by diplomatic agents, career con-sular officers and members with diplomatic status of International Agencies located in Spain, within the aforementioned limits.

The administrative and technical staff of Diplomatic Missions and International Agencies, and consular staff of career Consular Posts, shall enjoy the same regime as regards their furniture and personal effects imported upon their transfer to Spain. In this case, importation must take place within a year from the date of appointment.

Obviously, goods and articles whose entry into Spain is pro-hibited are not included, and the privileges and exemptions corre-sponding to Embassies, career Consular Posts and their accredited staff are subject to the existence of reciprocity.

The costs of storage, haulage and similar services regarding such goods are excluded from exemption.

Moreover, it must be emphasized that, in the case of importa-tion of goods whose purpose is to be exhibited (whether for sale or not) during a trade fair, exemption under the diplomatic system is


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not applicable. In these cases, the procedure is as follows: applica-tion for temporary importation of the goods in question presented to the corresponding Customs Office, describing the purpose of the importation and the duration thereof. Clearance shall be ef-fected via the Single Administrative Document (DUA, in Spanish), and this (temporary) regime may be concluded by re-exporting the goods to the country of origin, relinquishing or destroying them, distributing them for free or definitively importing them. Only in the latter case may exemption under the diplomatic system be ap-plied for at this Ministry.

As regards motor vehicles, privileges and exemptions for im-portation are set down in section 7.5 of this Guide.

7.1.1. Formalities upon occupying postOnce the persons mentioned in the preceding section have

been accredited, they may request the importation, free of cus-toms duties and taxes, of all their household items by means of a Note Verbale, accompanied by:

— Diplomatic exemption form. This consists of two sheets: a green one and a yellow one, which are provided by the Ministry’s Deputy Directorate-General for Chancellery. It must be filled in properly, paying special attention to those items marked with an asterisk. This form requires the sig-nature of the Head of Mission or, in his/her absence, of the Chargé d’Affaires ad interim, the Head of the Consular Post, or the person who represents and heads the International Agency or the person to whom this power has been delegated (after this Ministry has been informed of such delegation), and shall include the name, post, full signature and stamp of the Mission.

— A complete list in Spanish of all the goods imported. This list shall include all the goods sent, even if their entry into Spain is to be effected in several shipments.


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Failure to comply with these requirements shall prevent the ex-emption from being processed.

7.1.2. Goods imported with exemption by staff with dip-lomatic status

Throughout their period of accreditation in Spain, members of staff with diplomatic status of Embassies, Consular Posts and International Agencies may import, with diplomatic exemption, the goods necessary for their personal use and consumption, sub-ject to the limits indicated in section 7.3. of this Guide (with a dou-ble accumulative limit set out for imported goods under exemption and/or purchased with VAT exemption).

In any case, alcoholic beverages and tobacco are subject to the following quarterly limits:

a) Tobacco products:

— 9,000 cigarettes

— 65 cigars

b) Alcohol and alcoholic beverages:

— Distilled beverages: 90 litres

— Sparkling Wine: 30 litres

Heads of Diplomatic Missions may import, under exemption, twice these amounts.

The procedure is identical to that described in section 7.1.1., with a Note Verbale for each exemption request.

7.2. VAT EXEMPTION/REFUND FOR DIPLOMATIC MISSIONS

7.2.1. Direct exemption. (VAT not included in price).

7.2.1.1. Real estate

Delivery and lease of buildings or parts thereof and adjoining land, purchased or leased by foreign States to be used as the head-quarters of their Diplomatic Missions or Consular Posts or as the


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residence of the Head of the Diplomatic Mission or the Consular Post when, in this latter case, career consular officers are involved (see section 11 of this Guide).

7.2.1.2. Building work

The exemption mentioned in the preceding paragraph includes construction work, with or without materials, directly entrusted by the corresponding foreign State to the contractor, when its pur-pose is the construction, renovation, extension or refurbishment of the buildings referred to in the preceding paragraph, as well as conservation and repair works, whenever their amount, with refer-ence to each specific operation, exceeds €751.27.

7.2.1.3. Procedure

By means of a Note Verbale, accompanied by:

— The standardized Tax Agency document (Form 363), com-pleted in its entirety, following the instructions contained therein. This document includes the application form and the attestation of final use. The form shall be completed by the applicant, and the attestation of final use shall be issued by the Head of Mission or the Chargé d’Affaires ad interim, the Head of the Consular Post, or the person who represents and heads the International Agency, or the person to whom this power has been delegated (after informing this Ministry of such delegation), and shall include the name, post, full signature and the stamp of the Mission.

— In the case of an application for exemption for construction work, a photocopy of the detailed estimate, authenticated by the Mission, shall be attached.

— In the case of leases, two photocopies of the lease contract, authenticated by the Mission, shall be attached.

Applications for exemption shall be made upon signing the contract, and shall be of a similar duration to that of the contract,


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unless there is a substantial change in the terms thereof (an up-dated CPI shall not be considered a change).

The form may be obtained at any Tax Agency Office or down-loaded directly from the Spanish Tax Agency’s official website www.agenciatributaria.es. The form and information about the procedure may be found on the following page of the Tax Agency’s website:

https://www.agenciatributaria.gob.es/AEAT.sede/proced-imientos/GZ12.shtml

It is very important to bear in mind that the same form may not be used for more than one request, nor may it be photocopied for further use, because the barcode and the form number are unique.

7.2.2. VAT refund (VAT included in the price)

7.2.2.1. Goods for official use:

Deliveries to a foreign State of goods required for official use by Diplomatic Missions accredited to and resident in Spain are exempt from VAT, by refund.

7.2.2.2. Office supplies:

Deliveries of office supplies for official use are exempt from VAT, by refund, whenever the total cost of each invoice exceeds €300.51.

7.2.2.3. Utilities and services:

The following are exempt from VAT, by refund: water, gas, electricity and fuel supply, as well as the provision of telephone and radio and telegraphic communication services, when they are provided to the premises of the Diplomatic Missions or Consular Posts, or to the residence of the Head of the Diplomatic Mission or Head of a Consular Post, provided that, in this latter case, s/he is a career Consular Officer.


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Contracts shall always be entered into on behalf of the relevant Embassy, Consulate or Agency, and not in the name of an indi-vidual.

In the event of a contract in the name of a specific individual (in the name of the Head of Mission or Head of Consular Post), the amount of each invoice must exceed €240.40.

7.2.2.4. Procedure:

A Note Verbale shall be submitted for each application for ex-emption, to which the following shall be attached:

— The standardized Tax Agency document (Form 362), speci-fying the year and quarter of the expense for which a tax refund is requested. This form must be completed in its en-tirety, following the instructions contained therein. As in the case of Form 363, there is a section for the applicant (the beneficiary of the exempt operation) and another one for the person making the attestation of final use: the Head of Mission or the Chargé d’Affaires ad interim, the Head of the Consular Post, or the person who represents and heads the International Agency, or the person to whom this power has been delegated (after informing this Ministry of such del-egation), and shall include the name, post, full signature and the stamp of the Mission.

An original form shall be sent for each application, detailing (on the pages where the invoices are listed) each of the following three items, as mentioned in Royal Decree 3485/2000, of 29 December:

— Goods for official use.

— Office supplies.

— Utilities and services.

— A photocopy of the invoices, authenticated by the Mission. Providing a certified copy of the invoice makes it unneces-sary to attach individual purchase receipts.


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Form 362 and information about the procedure may be found on the following page of the Tax Agency’s website htt-ps://www.agenciatributaria.gob.es/AEAT.sede/procedimien-tos/GZ08.shtml

The same form may not be used for more than one request, nor may it be photocopied for further use, because the barcode and the form number are unique.

7.3. VAT REFUND FOR DIPLOMATIC AGENTS, CAREER CONSULAR OFFICERS AND STAFF MEMBERS OF INTERNATIONAL AGENCIES WITH DIPLOMATIC STATUS

Deliveries of goods for the use and consumption of diplomatic agents and career consular officers, as well as staff members with diplomatic status of International Agencies having their headquar-ters or offices in Spain are exempt from VAT, by refund.

Processing this exemption requires a Note Verbale for each ap-plication for exemption, to which the following shall be attached:

— The above-mentioned standardized Tax Agency document (Form 362, an original for each application, no photocop-ies), specifying the year and quarter of the expense for which a tax refund is requested. This form must be completed in its entirety, following the instructions contained therein. Refunds shall be made to the applicant, not to the Embassy, Consulate or International Agency where the applicant is posted.

— A photocopy of the invoices, authenticated by the Mission. If a certified copy of the invoice is provided, it shall not be necessary to attach the individual purchase receipts.

The maximum quarterly amount is €9,015.18. This limit is cumulative, and includes goods for personal use and consumption imported under the exemption system, and those purchased with VAT exemption. In addition, the minimum amount per invoice submitted is set at €240.40.


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7.4. VAT EXEMPTION OF PURCHASES IN ONE EU MEMBER STATE FOR DELIVERY TO ANOTHER

This procedure is set out in Article 151 of Council Directive 2006/112/EC. The mechanism to apply direct exemption (not refund) from VAT is set out in Article 3.5 of Royal Decree 3485/2000, of 29 December.

Applications for exemption shall be sent to MAEC’s Deputy Directorate-General for Chancellery by Note Verbale, accompa-nied by the corresponding duly completed three-copy form, and the pro forma invoice without VAT. The minimum amount per invoice shall be €240.40.

The amount for which exemption is requested shall be record-ed together with the date of receipt of the corresponding Note Verbale at MAEC’s General Registry, not with the date of the pro forma invoice or the estimate.

After the corresponding formalities have been carried out through the relevant Tax Agency services, MAEC’s Deputy Directorate-General for Chancellery shall forward the correspond-ing certificate to the interested parties for subsequent delivery to the supplier in the country where the acquisition is to be made.

The exemption application form can be obtained at any Spanish Tax Agency Office, or downloaded directly from the Tax Agency’s website (www.agenciatributaria.es), following this route:

Homepage > DECLARACIONES modelos y formulari-os > Todas las declaraciones > Resto de modelos > Modelo Certificado exención IVA > Directiva 2006/112/CE del Consejo, de 28 de noviembre de 2006.

The supplier shall thus have a document accrediting the VAT ex-emption applied to the acquisition of the good or service in question.

7.5. VEHICLES

Diplomatic Missions, Career Consular Posts and International Agencies with headquarters or offices in Spain, as well as their


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diplomatic staff, career consular staff, administrative and techni-cal staff and consular employees accredited before the Ministry of Foreign Affairs and Cooperation, provided they are not Spanish nationals, shall be entitled to import vehicles under the diplomatic exemption system and to obtain registration numbers under the special system.

7.5.1. Maximum number of vehicles that may be acquired with these privileges for official and private use:

For official use:

— Diplomatic Missions: vehicles with “CD” number plates, maximum depending on need.

— Consular Posts: vehicles with “CC” number plates, maxi-mum depending on need.

— International Agencies: vehicles with “OI” number plates, variable maximum, depending on the Headquarters Agreement.

For private use:

— Ambassador - Head of Diplomatic Mission: up to four vehi-cles with “CD” number plates.

— Other diplomatic staff: three vehicles with “CD” number plates.

— Career consular officer: three vehicles with “CC” number plates.

— Administrative and technical staff and consular employees: one vehicle with a “TA” number plate.

— Accredited staff at International Agencies: they may reg-ister the number of vehicles set out in the Headquarters Agreement, without exceeding the limits set in the preceding paragraphs. These vehicles shall have “OI” number plates.

Under prevailing legislation in Spain, the principle of reciproc-ity shall be taken into particular account.


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7.5.2. Special number plates: TypesDepending on the type of Mission, the Mission itself and its ac-

credited staff, the following types of number plates shall be made available:

— Diplomatic Missions and diplomatic agents: number plates with a red background and the letters “CD”.

— Career Consular Posts and career consular officers: number plates with a green background and the letters “CC”.

— Administrative and technical staff and consular employees: number plates with a yellow background and the letters TA.

— International Agencies and their staff: number plates with a blue background and the letters “OI”.

7.5.3 ProcedureThe registration, transfer, sale, relinquishment to the Public

Treasury or re-exportation of vehicles, whether used officially by Missions or used privately by accredited staff, shall comply with the provisions of Royal Decree 3485/2000, on privileges and ex-emptions under the diplomatic, consular and international agen-cies system, and of the General Regulation on Vehicles, approved by Royal Decree 2822/1998.

The procedures that must be followed to obtain registration numbers and vehicle registration certificates for vehicles with spe-cial “CD”, “CC”, “OI” and “TA” number plates are included in Circular Note Verbale 5/7 of 21 February 2017. Given that the circumstances vary significantly on a case-by-case basis, it is advis-able to consult said Circular Note Verbale.

For guidance, the following issues are covered in the Circular Note Verbale:

As far as registration of vehicles is concerned, the requirements vary depending on whether it is a new vehicle purchased in Spain whose first registration is under the diplomatic system; or a vehi-cle that previously had an ordinary number plate (distinguishing


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whether it was purchased from an individual, or from a car dealer or firm); or a vehicle coming from within the EU customs area (dis-tinguishing whether it was already registered to the accredited staff member, or it had never had a registration number, or it already had a registration number and was purchased from a car dealer or firm).

When a vehicle is imported from a non-EU country, a prior import permit must be obtained.

As regards the transfer of vehicles registered under the diplo-matic system between individuals with diplomatic, assimilated or career consular status, the procedure varies depending on wheth-er the vehicle is transferred between individuals accredited at the same Mission, or at different Missions.

Likewise, the Annex of the above-mentioned Note Verbale con-tains information on the procedure to be followed when selling a vehicle registered under the diplomatic system to a person without tax privileges; when scrapping or abandoning a vehicle in favour of the Public Treasury; when the accredited staff member termi-nates his/her functions as such but continues living in Spain; and the requirements for the definitive exit from Spain of vehicles with diplomatic number plates.

As regards downloading the forms for the applications men-tioned in said Circular Note Verbale, please remember that:

— The Spanish Tax Agency website is www.agenciatribu-taria.es

— The access route to Forms 362, 363, 380 and 576 is as indicated in section 7.2.1.3 herein.

— The access route to the VAT exemption certificate set forth in Council Directive 2006/112/EC, of 28 November, is as described in section 7.4 herein.

The access route to Form 620 is as follows: Homepage > DECLARACIONES modelos y formularios > Todas las declara-ciones > Resto de modelos > elección del número de modelo.


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Lastly, once again, please note the following key points regard-ing the management of vehicles with special “CD”, “CC”, “OI” and “TA” number plates by Missions and International Agencies:

— In the case of vehicles with retention of title, once they have been registered it will not be possible to request their re-registration or exportation.

— Vehicles acquired in Spain must meet official standards and may only be registered with a Technical Inspection Card.

— All vehicles must undergo a Technical Vehicle Inspection (ITV), within the deadlines and in the manner set forth in Royal Decree 2042/1994, of 14 October, which regulates the technical inspection of vehicles.

— All vehicles purchased in the EU customs territory must meet official standards and may only be registered with an EU Certificate of Conformity.

— No vehicle with special number plates may be scrapped without having requested and obtained prior authorization from MAEC.

— Abandoning or destroying vehicles in a manner contrary to prevailing legislation shall result in liability for payment of all duties and taxes not paid at the time of their acquisition or importation.

— No vehicle registered under the diplomatic system may be transferred, sold or exported until at least one year after the vehicle has been registered in Spain in the name of the person concerned. This limit shall not apply to vehicles coming from outside Spain that were the property of diplomatic agents be-fore they were accredited. In the case of termination of func-tions of a diplomatic agent, no time limit shall be applied.

— After the accredited staff member’s functions have termi-nated, the Mission must notify MAEC, in a maximum of 60 days after said termination of functions, of the destination of the vehicle, and return its number plates and registration certificates.


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— Whatever the circumstances of the vehicle of the agent whose functions have terminated (exportation, sale, transfer, destruction, relinquishment to the Public Treasury), Missions and International Agencies are ultimately responsible for processing the definitive de-registration of vehicles, whether for official or for private use, and for ensuring the return of the number plates and registration certificates. If this com-munication and return were not carried out in the appropri-ate time and manner, the processing of new vehicle registra-tions may be affected.

— Regardless of their date of issuance, vehicle registration cer-tificates must be renewed between January and March. In the event of non-renewal, fuel exemption tax benefits may be lost.

— No vehicles with outstanding unsettled penalties may be sold or transferred.

7.6. DRIVING LICENCES: EXCHANGE

In order to drive vehicles in Spain for a period exceeding three months, accredited staff must have a corresponding licence issued by the Spanish authorities.

Accordingly, all diplomatic, consular and technical and adminis-trative staff are required to exchange their driving licences, as are consular employees and International Agencies’ staff, accredited in Spain, and their dependent family members. An exception to this is made for licences issued by other EU countries, whose holders may drive in Spain without needing to exchange their licences. Holders of EU driving licences must register the details thereof with the corresponding Provincial Traffic Office.

In order to process the exchange, all requests shall be sent to the Deputy-Directorate General for Chancellery by means of a Note Verbale, accompanied by the following documents:

- Traffic Office card, duly filled in and signed, with a standard-size (32x26 mm) photo attached.


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— Original medical certificate of psychological and physical ca-pacity to obtain a driving licence, issued by a medical practi-tioner duly authorized for these purposes

— Photocopy of the current driving licence, together with the corresponding translation into Spanish and the equivalence of its category in Spain.

— Photocopy of both sides of the accreditation card issued by this Ministry.

In the event of loss or theft of a driving licence, the following documents must be sent:

— Traffic Office card duly filled in and with attached photo, police report, fee payment receipt, and photocopy of both sides of the accreditation card.

If it is necessary to renew a driving licence, the following docu-ments must be sent:

— Traffic Office card duly filled in and with attached photo, medical certificate of capacity, fee payment receipt, and photocopy of both sides of the accreditation card.

The driving licence is issued free of charge, but a fee shall be charged for a issuing a duplicate, if the original is damaged or lost.

International driving permits, normally granted on a temporary or transitional basis, are not valid for these purposes.

If a driving licence is not held, the regulations set out in current legislation for obtaining one under the standard procedure shall apply. In this respect, note that driving a vehicle without the cor-responding licence is strictly forbidden

7.7. FUEL

All vehicles with “CD”, “CC” and “OI” number plates (in this latter case, only those for official use or for private use by staff with status analogous to diplomatic status) shall be entitled to 1,200 litres of fuel and 30 litres of lubricant per vehicle per quarter, free of special taxes.


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In order to enjoy this privilege, those so entitled must choose one of the companies licensed to issue cards, by means of which fuel shall be purchased and taxes shall be reimbursed.

To this end, a Note Verbale shall be addressed to MAEC’s Deputy-Directorate General for Chancellery, accompanied by the standardized form, including the following information:

— Embassy, Consular Post or Agency to which the vehicle be-longs, and Tax Identification Code (CIF).

— Official registration number of the vehicle.

— Name of the owner of the vehicle or the denomination “of-ficial use”, if applicable.

— Tax Identification Number (NIF) of the card holder.

— Company issuing the chosen card.

— Express statement that it is an application to exercise this right.

To relinquish the card, a statement to this effect shall be made, using the same system and with the same form, indicating in this case that it is a request to relinquish the card.

In the event of transferring the vehicle between owners who enjoy this privilege, the new owner of the transferred vehicle may register for the privilege if the former owner has not first cancelled their own registration.

The instructions or information included in the preceding items may be amended pursuant to the principle of reciprocity, and this shall be formally notified in each applicable case.

7.8. VEHICLE INSURANCE

Article 2 of the Act on Civil Liability and Insurance involving the Circulation of Motor Vehicles (Consolidated Text approved by Royal Decree 8/2004, of 29 October) states that motor vehicles must be insured. Paragraph 1 of said Article expressly states that: “All owners of motor vehicles habitually resident in Spain shall be obliged to take out an insurance policy for each vehicle owned…”.


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8. PARKING SPACES

8.1. IN THE CITY OF MADRID

By means of Circular Note Verbale 12/7, of 21 September 2006, the Ministry of Foreign Affairs and Cooperation informed all Diplomatic Missions and International Agencies with headquar-ters or offices in Madrid, of the entry into force of a Municipal Ordinance that greatly facilitates parking for Diplomatic Missions.

This measure permits free parking of vehicles with special “CD”, “CC” and “OI” number plates in the restricted parking ar-eas of the city (green and blue areas), subject to reciprocity.

8.2. AT THE CHANCELLERY OR INTERNATIONAL AGENCY HEADQUARTERS, AND AT THE HEAD OF MISSION’S RESIDENCE

Courtesy of Madrid City Council, every Diplomatic Mission or International Agency accredited in Spain and located in Madrid shall have parking signs reserving space for two vehicles in front of the Chancellery or of the headquarters of the Agency. They shall also be able to obtain a space for one vehicle in front of the residence of the Head of Mission or Agency Director. Only vehicles with “CD” or “OI” number plates shall be allowed to park in said area.

If such spaces cannot be made available in front of the building, they shall be made available in the nearest possible area where this is feasible, in accordance with the availability of the requested space and with prevailing legislation.

Requests for reserved spaces or any changes thereto shall be processed solely by this Ministry’s Deputy Directorate-General for Chancellery.


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When there has been a change in location, in order for the new parking cards to be issued, the old ones must be sent to the aforesaid Deputy Directorate-General for Chancellery. Subsequent renewals shall be processed directly by the Special Authorizations Division of the Directorate-General for Mobility, at the follow-ing address: Dirección General de Movilidad, Negociado de Autorizaciones Especiales, calle Albarracín n.º 33 – planta baja. The Directorate-General’s phone numbers are 91 480 36 61 / 91 480 36 62.

8.3. AT THE CONSULATES GENERAL LOCATED IN SPAIN’S CAPITAL CITY

By means of Circular Note Verbale 32/7, of 18 October 2007, this Ministry announced that a new agreement had been signed with the relevant Madrid City Council authorities to facilitate day-to-day work, in this case of Consulates General.

This agreement makes it possible to obtain a parking space for vehicles with “CC” number plates in front of Consulates General located in Madrid.

Requests for these reserved parking spaces must be made, as in the preceding section (8.2.), by the accredited Embassies, via a Note Verbale, suggesting the preferred parking location for the ve-hicle with “CC” number plates, which, if possible, shall be in front of the Consulate General.

In view of the obvious shortage of parking spaces in Madrid, it is not possible to extend this measure to Consulates that are not General, nor to Honorary Consulates, whatever their category.

8.4. AT CONSULAR POSTS NOT LOCATED IN SPAIN’S CAPITAL CITY

Likewise, and as a matter of courtesy, local City Councils where Consular Posts or International Agencies are located usually grant parking spaces, the number of which varies depending on the mu-


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nicipality in question. Requests shall be submitted directly to the corresponding municipal authorities.

8.5. AT MADRID-BARAJAS ADOLFO SUÁREZ AIRPORT

Vehicles with “CD” and “CC” number plates have parking spaces at terminals T-1 (7 spaces), T-2/T-3 (9 spaces) and T-4 (47 spaces) of Madrid-Barajas Adolfo Suárez Airport.

The procedure to obtain the identification card allowing ac-cess —one per Mission— is detailed in Note Verbale 21/7, of 17 November 2006.

MAEC urges compliance with the maximum time limit stipulat-ed for these parking spaces as determined in Circular Note Verbale 11/7, of 12 June 2017, which establishes a maximum of 120 minutes, so as to rationalize the use of these areas in the interest of all Missions. Under no circumstances may these spaces be used to park a vehicle over a weekend or during vacations. Vehicles parked for longer than the courtesy period of 120 minutes shall be subject to the legal provisions on circulation and parking and to the stipulations of Circular Note Verbale 23/7 of 30 May 2016.

In addition to the criteria set out concerning parking facilities, and respecting the stipulated limits, the principle of reciprocity may be implemented in cases that so require.


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9. TRAFFIC REGULATIONS

MAEC wishes to underline the importance attached by any ad-vanced society to the defence and promotion of road safety, the prevention of accidents, optimum coordination in the use of public spaces and the special protection of persons with limited mobility in order to improve their social integration.

Thus, this Ministry trusts that, in addition to fulfilling the duty to respect and comply with the laws and regulations of the receiving State—as imposed by the Vienna Conventions on Diplomatic and Consular Relations on those persons who enjoy the privileges and immunities thus conferred—the members of the Diplomatic Corps and other staff accredited in Spain shall afford the highest possible degree of collaboration in fulfilling traffic laws and regulations and in the defending the rights and values that such legal provisions protect. This is especially so in view of the facilities granted by the Municipal Ordinance of Madrid City Council to vehicles with spe-cial “CD”, “CC” and “OI” number plates (Circular Note Verbale 12/7, of 21 September 2006), by virtue of which they are exempt from the parking duration limitation and also from payment of the corresponding fee. This calls for adequate civic-minded behaviour by those entitled to these benefits.

Therefore, this Ministry wishes to reiterate the request made to Heads of Mission and Representatives of International Agencies in Note Verbale 4/7, of 1 February 1996, supplemented by Note Verbale 19/7.2, of 3 September 2008, to advise their staff of the need to strictly observe traffic laws and regulations.

Likewise, MAEC expects that any fines imposed for infringe-ment of said provisions shall be duly paid by the Diplomatic


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Missions and International Agencies accredited to Spain, as well as by their staff. In the event of discrepancy of form or substance with the notice served by the competent authority, it is recom-mended that the corresponding appeals be made, in due time and manner, pursuant to legislation.

As stated in Circular Note Verbale 23/7 of 26 May 2016, after 1 July 2016 all traffic offence notices formally served to Missions and to their accredited staff shall be duly settled, pursuant to the provisions of Article 41 of the VCDR (“without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State”). Should there be a discrepancy of form or substance with the notice served, it is suggested that, for purpos-es of administrative effectiveness and efficiency, foreign Missions lodge the relevant arguments with the authority responsible for ruling upon the infringement.


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10. COMMUNICATIONS: DIPLOMATIC BAG; WIRELESS STATIONS

The Vienna Conventions on Diplomatic and Consular Relations sets out the duty of the receiving State to permit and protect free communication on the part of Diplomatic Missions and Consular Posts by all appropriate means, among which mention is made of diplomatic or consular couriers, the diplomatic or consular bag and messages in code or cipher.

10.1. DELIVERING AND PICKING UP DIPLOMATIC BAGS

10.1.1. Checked-in diplomatic bagsDiplomatic or consular bags shall be checked in at the cargo

terminal of Madrid-Barajas Adolfo Suárez Airport. Diplomatic or consular couriers shall identify themselves and present the cor-responding certificate from the Diplomatic Mission or Consular Post, which must indicate that it is a diplomatic or consular bag and the number of packages of which it consists.

At no time may the courier access the premises where the bags are kept.

10.1.2. Diplomatic bags entrusted to the aircraft captainThese bags shall be delivered or picked up by the captain of the

aircraft or by the crew member designated by the latter, at the of-fices of the airline or company representing it.

10.1.3. Accreditation of the diplomatic courierThe Deputy Directorate-General for Chancellery shall request

that the Madrid-Barajas Adolfo Suárez Airport authorities issue a


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personal, non-transferable ID document duly accrediting diplomat-ic courier status, solely authorizing the courier to deliver and pick up the diplomatic or consular bag at Madrid-Barajas Airport. This document shall allow entry solely into the areas for delivery and pick-up of diplomatic and consular bags.

In order to request this document, the Embassy/Consular Post shall send a Note Verbale including:

— Name and surname(s) of the person for whom the request is made.

— Photocopy of his/her accreditation document.

— Photocopy of his/her passport or, if applicable, residence permit.

Once the request has been processed, the accreditation shall be issued by the Security Office of Madrid-Barajas Adolfo Suárez Airport.

10.2. INSTALLATION OF COMMUNICATIONS EQUIPMENT: WIRELESS STATIONS AND SATELLITE COMMUNI-CATION STATIONS

Article 27 of the Vienna Convention on Diplomatic Relations and Article 35 of the Vienna Convention on Consular Relations set out that the installation of wireless transmitters in Diplomatic Missions/Consular Posts shall require the consent of the receiving State.

In Spain, licences to install and use wireless and satellite com-munication stations are processed by the Ministry of Energy, Tourism and the Digital Agenda (Directorate-General for Telecommunications and Information Technologies).

The General Telecommunications Act (Act 32/2003, of 3 November) (BOE of 4 November), implemented by Royal Decree 863/2008, of 23 May (BOE of 7 June), approving the Regulations on the use of the public radio-electric domain, sets a maximum time limit of five years for rights to the exclusive use of the radio-


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electric spectrum without a numerical limit on said rights, which may be extended for further five-year periods at the interested party’s request. The use of the spectrum is subject to a fee, exemp-tion from which is possible on the basis of reciprocity.

To obtain a licence to install this type of communications sys-tem a Note Verbale shall be addressed to this Ministry’s Deputy Directorate-General for Chancellery, stating:

A) The type of communications system requested.

B) The name and contact telephone number of the person responsible for these formalities at the Mission.

C) Request for exemption from the aforesaid fee, if applica-ble, attaching a statement on the existence of reciprocal treatment for the Spanish Diplomatic Mission / Consular Posts in the Mission’s country.

This Note Verbale shall be accompanied by the corresponding standardized form, depending on the communications system to be installed, duly filled out and including the requested technical speci-fications. In order to obtain this form, the Mission may address the Deputy Directorate-General for Planning and Management of the Radio-electric Spectrum of the Ministry of Energy, Tourism and the Digital Agenda (public service telephone nos. 91 349 46 00 and 902 44 60 06) or visit the page on Telecommunications and Information Society at the aforesaid Ministry’s website

http://www.minetad.gob.es/telecomunicaciones/es-ES/Paginas/index.aspx).

Information on the formalities regarding “Exclusive use of the public radio-electric domain” [“Dominio Público Radioeléctrico para uso privativo”] can be found at

https://sede.minetur.gob.es/es-ES/procedimientoselectron-icos/Paginas/DominioPRadioelectricoUsoPrivativo.aspx

MAEC shall convey any such requests to the Directorate-General for Telecommunications and Information Technology, supporting the request for exemption from the fee if reciprocity exists.


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11. ACQUISITION OF LAND, PROPERTIES AND PREMISES TO BE ASSIGNED TO

DIPLOMATIC MISSIONS AND CONSULAR POSTS

11.1. DEFINITION OF THESE PROPERTIES

These properties are the land plots, buildings and parts there-of, as well as adjoining land, used as headquarters by Diplomatic Missions or Consular Posts, or as the residence of the Head of the Diplomatic Mission or that of the Head of the career Consular Post. The headquarters shall be deemed to comprise the premises assigned to the services or offices thereof.

11.2. PRIOR AUTHORIZATION PROCEDURE

Circular Note Verbale 10/7, of 11 April 2011, reminded Diplomatic Missions, Consular Posts and International Agencies with headquarters or offices in Spain that the purchase or lease of real estate for official use, by EU countries and by non-EU countries, are subject to the relevant prevailing national and mu-nicipal provisions. Thus, it noted that it is necessary to address the competent municipal authorities in advance to ensure that the property to be purchased or leased can be used for the in-tended purpose.

To facilitate this procedure, MAEC signed a collaboration agreement with Madrid City Council, communicated by means of Circular Note Verbale 27/7, of 20 December 2013, regulating this prior administrative procedure, which is necessary to ensure compliance with the prevailing municipal legal provisions.

The procedure is as follows:


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1. Prior to the purchase or lease of a property, a Note Verbale shall be sent to the Deputy Directorate-General for Chancellery indicating the exact location of the property, in order to assess whether it is feasible in terms of town planning.

Once the corresponding report is issued, it shall be sent to the Mission within a maximum of 45 calendar days.

2. If the report is favourable, the contract may be signed.

After signing the contract, the Mission shall request from the relevant municipal department the corresponding activity licence for the properties to be used as offices.

3. In addition to the above, when a non-EU State intends to purchase, alter or modify a property, prior authorization by Spain’s Council of Ministers shall be required, pursuant to Additional Provision Three of Royal Decree 664/1999, of 23 April, on for-eign investments (BOE of 4 May 1999), unless an agreement is in place liberalizing such investments under the principle of reciprocity.

This prior authorization by the Council of Ministers shall be requested in a Note Verbale addressed to MAEC, with the docu-mentation required for that purpose, which shall include:

— Address and description of the property— A copy of the property’s entry in the Property Register— Name, address and Tax Identification Number (NIF) of the

owner— Price of the property— Certificate accrediting the existence of the corresponding

reciprocity

The Deputy Directorate-General for Chancellery shall analyse the request, ask for the relevant reports and forward the file to the Foreign Investment Board (a collegiate inter-ministerial body), which shall issue the necessary report.

Once the report has been issued, processing of the request shall continue until it is submitted to the Council of Ministers, the body that shall decide whether to authorize the investment.


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Lastly, the requesting Diplomatic Mission shall be notified of the decision adopted, which, if favourable, shall allow the opera-tion to be carried out.

Please note that a purchase that has not obtained this prior authorisation shall not be recognized by the Spanish State, cannot be entered in the relevant Property Register, and shall not be eli-gible for the corresponding tax benefits, in implementation of the reciprocity principle.

Any change to the terms of the authorized investments shall require prior official notification to the Deputy Directorate-General for Chancellery, which shall perform an evaluation and inform the interested Diplomatic Mission whether a new prior authorization is required from the Council of Ministers.

In any case, if the change involves an increase in the building volume on the land, demolition of existing buildings or construc-tion of new buildings or parts thereof on the same land, a new authorization shall be mandatory.

For the processing thereof, a Note Verbale must be sent, including:

— The construction and/or demolition plan— Cost of the work— A certified copy of the activity licence or certificate issued by

the relevant municipal authorities confirming the project’s legal viability

— Certificate evidencing the existence of reciprocity

Performance of the works shall be subject to the corresponding decision by the Council of Ministers.

11.3. TAX REGIME AND EXEMPTIONS

Building or modifying real estate is subject to national, regional and municipal legal provisions.

Performance of building work is subject to payment of a fee for the issuance of a building permit, as well as liability for the Tax on Building, Installation and Works, and to Value Added Tax.


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Pursuant to the principle of reciprocity, exemption from these taxes may be considered (Tax on Building, Installation and Works, and Value Added Tax—section 7.2) but not from levies that consti-tute payment for services rendered (fees).

In this regard, attention is drawn to the contents of Circular Note Verbale 12/6, of 10 June 2010, resolving doubts raised by certain Diplomatic Missions on the “Fee for Urban Waste Management Services” (TRU).


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12. OFFICIAL VIP LOUNGE

Changes to the commercial policies of most airlines neces-sitated a number of amendments to the traditionally established guidelines for access to and use of airport facilities, particularly regarding access to Official VIP lounges services in the aforesaid premises. This was reflected in Circular Note Verbale 6/7 of 11 March 2009.

Later, approval of EU Regulation 185/2010, of 4 March, lay-ing down detailed measures for the implementation of the com-mon basic standards on aviation security, and of the new National Security Plan of 18 February 2015, resulted in the need to adapt the procedures to access and use Official VIP lounges at Spanish airports.

The current rules and procedures in this regard are included in Circular Note Verbale 14/7, of 1 April 2016, applicable since 1 May 2016.

12.1. REQUESTS TO MAKE USE OF AN OFFICIAL VIP LOUNGE AT A SPANISH AIRPORT

The use of the Official VIP Lounges at Spanish airports may be requested by accredited Diplomatic Missions or International Agencies, on the occasion of official visits to Spain made by the authorities listed in Section 12.2 of the present Guide.

The request shall be made solely by means of a Note Verbale (not by e-mail or fax) addressed to this Ministry of Foreign Affairs and Cooperation, at least 48 hours, in working days, prior to the date of arrival or departure.


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On Saturdays, Sundays and public holidays only requests in cases of unforeseen force majeure will be processed. Should such a circumstance occur, the requesting Note Verbale shall be sent to the Shift Manager of Cipher (fax number: 91 364 20 64, phone: 91 379 95 97).

Requests shall include the information listed below for all per-sons entering or exiting who form part of the same official delega-tion. Said official delegation may not exceed eight persons, in their capacity as persons accompanying the authority at the head of the delegation on the arriving or departing flight:

— Name and surname(s)— Date and place of birth— Nationality— Passport type and number— Passport issuance date— Passport expiry date— Address where the person is to be staying in Spain— Official activity programme

Requests shall not be processed if they do not include all of the required information, or if they do not adhere to the estab-lished deadlines, or if they are presented directly to the Official VIP Lounge.

12.2. FOREIGN VIPS FOR WHOM THE USE OF AN OFFICIAL VIP LOUNGE MAY BE REQUESTED

(Circular Note Verbale 14/7 of 1 April 2016)

Use of the services of the Official VIP Lounge may be requested for the arrival or departure, as part of an official trip to Spain, solely of the authorities listed below, and only as long as there is reciprocity for equivalent Spanish figures:

— Heads of State— Reigning Royal Families (King/Queen, Crown Prince/

Princess and their first-degree family members)


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— Vice-Presidents of Republics

— Presidents of Government or Prime Ministers

— Speakers of Congress, Senate, or other similar legislative chambers

— Presidents of Supreme Courts of Justice

— Vice-Presidents of Government or Deputy Prime Ministers

— Cabinet Ministers (not those with a rank equivalent to Ministers)

— Presidents or Governors of Member States of countries hav-ing a federal or similar structure

— Foreign Ambassadors, only upon beginning or ending their mission to Spain

— Secretaries-General of International Agencies

— European Union Commissioners

— Secretaries of State (not those with a rank equivalent to Secretaries of State)

Requests to open the Official VIP Lounge for a President of Government / Prime Minister or a Vice-President of Government / Deputy Prime Minister shall be presented directly to the Protocol Services of the Presidency of the Government.

In no case shall use of the Official VIP Lounge be granted on the occasion of private trips, stopovers and layovers, with the ex-ception of the following authorities, and only as long as there is reciprocity for equivalent Spanish figures:

Heads of State; Reigning Royal Families (King/Queen, Crown Prince/Princess and their first-degree family members); Vice-Presidents of Republics, Presidents of Government or Prime Ministers

12.3. TERMS OF USE OF AN OFFICIAL VIP LOUNGE

Use of Official VIP Lounges is designed and foreseen for official visits and shall not be available on the occasion of private trips,


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stopovers or layovers, except for Heads of State, reigning Royal Families, Vice-Presidents of Republics, Presidents of Government or Prime Ministers.

In compliance with airport security regulations, only one mem-ber of the Embassy shall be authorized to welcome or bid farewell to the VIP entitled to use an Official VIP Lounge, at the passenger boarding bridge or at a distance, by travelling in the handling ve-hicle supplied by the corresponding airline. Other Embassy mem-bers shall remain in the Official VIP Lounge.

Authorization to use of an Official VIP Lounge does not imply exemption from prevailing legal provisions in Spain on airport se-curity or immigration and customs controls, and these Lounges are open between 6.30 am and 0.30 am. Any request outside said timeframe shall be refused.

Use of the material facilities, services and installations of the Official VIP Lounges at Spanish airports is free of charge, courtesy of the Spanish State.

However, due to the change in the commercial policies of air-lines—which are in charge of managing the transfer, via the han-dling company, between the aircraft and the Official VIP Lounge—there is a now a charge for these transfers.

Given that this Ministry is unable to meet said expenses, the Note Verbale addressed to this Ministry requesting the use of an Official VIP Lounge must include the corresponding Mission’s commitment to bear any expenses generated by these transfers, as well as the specific information required for the subsequent issu-ing of invoices by the airline.

12.4. INITIAL ARRIVAL OF AMBASSADORS OR DEPARTURE AFTER TERMINATION OF FUNCTIONS

The Chargé d’Affaires ad interim, accompanied by a maxi-mum of five persons, shall have access to the Official VIP Lounge to receive the incoming Ambassador or bid farewell to the out-going one. Prior notice shall be given of the identity of these


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persons and the information pertaining to the vehicles that are to access the area.

The presence in the Lounge, on such occasions, of other Heads of Mission or their representatives is not envisaged. In ad-dition, entry shall not be permitted to other persons or groups, regardless of their professional, national, geographic or regional relationship.


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13. SECURITY

13.1. GENERAL CONSIDERATIONS

The management of matters related to the security of the prem-ises of Representations and International Agencies, in addition to situations that could arise during visits to Spain by foreign au-thorities or VIPs, are coordinated through the Diplomatic Security Department, which is part of the Deputy Directorate-General for Chancellery, under the Directorate-General for the Introducer of Ambassadors.

The study, assessment and adoption of the necessary pre-ventive measures is undertaken through the Diplomatic Security Commission, which is made up of representatives from the Introducer of Ambassadors Office and from the Ministry of the Interior’s State Secretariat for Security.

Even though this system has proved to be highly operational, it appears that often a variety of channels are used by Missions to convey requests, with the ensuing multiplication of administrative burdens and potential coordination-related drawbacks.

Therefore, in order to provide each Mission with protection in accordance with its circumstances, and faced with the need to harmonize this requirement with the increase in the number of Missions and the available means and resources so as to achieve maximum effectiveness, the Ministry of Foreign Affairs and Cooperation, by means of Circular Note Verbale 6/7.2, of 14 February 2012, informed all accredited Diplomatic Missions and International Agencies of the courses of action required to achieve this aim, which are repeated in this chapter.


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13.2. SECURITY AT THE PREMISES OF EMBASSIES, CONSULAR POSTS AND INTERNATIONAL AGENCIES AND FOR THE STAFF THEREOF

Each Mission must provide the Deputy Directorate-General for Chancellery with the name and telephone number of the per-son responsible for security matters, the person to whom these matters should be addressed and the person to contact when circumstances so require (Circular Note Verbale 52/7, of 2 July 2012).

All requests for security measures at the premises of Missions must be addressed to the Introducer of Ambassadors, by means of a Note Verbale, wherein the circumstances for requesting said measures shall be explained in detail. After an initial assessment, MAEC shall forward the request to the relevant security authori-ties, who shall adopt the action plans that they consider neces-sary.

Irrespective of the security measures offered by the Spanish State, it is advisable for the Missions themselves to collaborate in ensuring their own security. In this regard, it may be very useful to install security systems within their premises and to hire pri-vate security staff, pursuant to Act 5/2014, of 4 April, on Private Security. The following page at the Ministry of the Interior’s web-site offers further information on prevailing legal provisions in the sphere of private security:

http://www.interior.gob.es/web/servicios-al-ciudadano/per-sonal-de-seguridad-privada/normativa-basica-reguladora

In any case, it is highly recommended that Mission staff be trained in individual self-protection measures.

Likewise, if they consider it necessary, Missions may incorpo-rate into their staff security officers seconded from their State, who must meet the following requirements:

— Be nationals of the accrediting State.

— Belong exclusively to Security Forces.


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— If they use weapons in the performance of their duties, they shall need to apply for prior authorization to introduce the weapons, pursuant to prevailing legislation (Article 7.d.2 of Royal Decree 137/1993). In any case, only one weapon may be carried per officer (pistol or revolver) and they may only carry it in the following situations:

a) Inside the premises (Chancellery, offices and services lo-cated in separate premises and consular posts under their protection).

b) While performing personal bodyguard duties.

These security officers shall be accredited as members of the Mission’s administrative and technical staff or service staff, with the requirements necessary for accreditation as such. Their duties and any changes that may arise upon their arrival or departure must be expressly stated.

The following phone numbers are to be used to inform of any eventualities or incidents relating to the security of a Mission’s premises and/or its staff:

— In situations of the utmost urgency or imminent risk: 112 or 091. In the event of a catastrophe, please contact the National Emergency Centre (Directorate-General for Civil Protection and Emergencies): 915373238 (252/248/228).

— Non-urgent matters

a) Workdays from 9 am to 6 pm - Deputy Directorate-General for Chancellery (MAEC) - 91 379 97 14

b) Workdays from 6 pm to 9 am and public holidays - MAEC’s Shift Manager 91 394 88 00 and the Ministry of the Interior’s Permanent Centre for Information and Coordination 91 394 83 99

13.3. SECURITY FOR VIPS VISITING OR IN TRANSIT.

A Note Verbale addressed to the Introducer of Ambassadors shall be used to communicate the arrival in Spain of any author-


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ity (local, regional, federal or national) who is visiting or travelling within Spain, and any changes or alterations to the schedule or to the information given in the initial communication. The pur-pose of this is to formalize the courses of action required for the use of VIP Lounges, if appropriate, or for the adoption of any security measures that may be considered necessary. Security measures on occasion of the arrival in Spain of of any foreign au-thority are coordinated exclusively by the Unit of the Introducer of Ambassadors (Protocol) of this Ministry of Foreing Affairs and Cooperation.

If a Mission does not wish to adopt the specific security meas-ures, if they are not considered necessary, this shall be expressly stated in the aforesaid Note Verbale.

If the visiting authority is to be accompanied by armed security officers, the Note Verbale communicating the arrival or the visit, including the information set out below, shall be sent at least 72 working hours in advance, this being an indispensable condi-tion for granting authorization for these security officers to carry weapons:

— Name, position and/or rank of the VIP.— Date, time, flight and/or border of arrival and of departure.— Name, surname(s), date and place of birth. Passport type

and number— Make, model, calibre and serial number of the weapon.— Quantity of ammunition.— Accommodation details of the VIP and delegation.

MAEC shall only reply to requests for authorization to carry weapons in the event that such a request is denied.

Authorization shall only be granted for carrying short guns (pis-tol or revolver) without a machine gunner and not performing an appliqué butt.

The maximum number of weapons that shall be authorized (one per officer) for officers forming part of the VIP’s security team shall be limited, as follows:


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— Heads of State and Heads of Government:

• OnaState,officialorworkingvisit,8(eight)weapons

• Onaprivatevisit:4(four)weapons.

— Speakers of Parliament and Cabinet Ministers:

• Onanofficialvisit:2(two)weapons.

• Onaprivatevisit:0(none).

— Other VIPs:

• Onanofficialvisitorworkingvisit:Itwillbeconsideredon a case-by-case, the possibility of a maximum of 1 (one) weapon.

• Onaprivatevisit:0(none).

The officers authorized by this Ministry for carrying weapons will solely be authorized for carrying weapons during the perfor-mance of protection duties, being in any case obliged to with-draw in the arms office existing in the airports, ports or frontier entry points by road, prior exhibition of the authorized weapon and verification of the information provided by Note Verbale, the document containing the authorization and the data of such authorization.

All weapons that claim to be introduced in Spain, which were not duly authorized and documented, will be requisitioned.

Any agent that should carry a weapon for which it is not prop-erly authorized and documented or that, if it were, should use it inappropriately in accordance with Spanish law, will be immedi-ately obliged to leave the Spanish territory after the requisition and deposit of the weapon provided that due to the referred action did not result in proceedings from another jurisdictional area (in which case it would be brought to justice).

Security agents of an advance trip team will never be allowed to carry weapons, and they must always communicate to the Protocol services of this Ministry, through the Note Verbale of their Embassy, the requirements and interviews that their prepara-


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tory activity requires, in order to be conveniently planned and co-ordinated.

With reference to the Circular Note Verbale Nº 14/7 of April 1, 2016, on the use of Official VIP Lounges, it is recalled that on the occasion of visits by any of the foreign authorities referenced therein, all accompanying entourage will be obliged to subject to security controls at ports, airports and railway stations.


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14. FIREARMS LICENCES

The possession of weapons, within Spanish territory, must be in compliance with prevailing laws and regulations (Royal Decree 137/1993, of 5 May, approving the Regulations on Weapons).

Entry of weapons from abroad must be formally authorized.

Holders of weapons must possess the corresponding licences, which are processed through the Deputy Directorate-General for Chancellery of the Ministry of Foreign Affairs and Cooperation. This service provided by the Ministry only concerns the provision of type D and E licences (rifles for big game hunting and smooth-bore shotguns, respectively). Type B licences (for pistols or revolv-ers) shall be granted exclusively to security officers, although other bearers may be considered on an exceptional basis.

In any case, all requests for licences must be made by means of a Note Verbale, accompanied by the following documents regard-ing the applicant:

— Standardised application form, duly completed and signed.

— Photocopy of passport.

— Photocopy of the Identification Card issued by the Ministry of Foreign Affairs and Cooperation.

— Medical certificate issued for firearms licence purposes by authorized medical centres.

— Criminal record certificate issued by the Ministry of Justice.

— Proof of payment of the corresponding fee.

The arms owned by each holder, once the corresponding licence has been obtained, must be legalized and documented. Therefore,


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holders must obtain the relevant Owner’s Guide, in person, from the Central Firearms Inspectorate of the Civil Guard, at the follow-ing address: Intervención Central de Armas de la Guardia Civil, calle Batalla de Salado n.º 32, Madrid.

On termination of their functions, the owners of legalized weap-ons must notify the Deputy Directorate-General for Chancellery of the Ministry of Foreign Affairs and Cooperation of their destina-tion and return the documents issued for their legalization.


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15. CONSULAR POSTS

15.1. ESTABLISHMENT OR MODIFICATION OF A CONSULAR POST

The establishment or modification of any Consular Post shall require the consent of the Ministry of Foreign Affairs and Cooperation; this is also required in order to establish the seat, classification and district of the Consular Post, in accordance with the proposal by the Diplomatic Mission.

To this end, Diplomatic Missions shall address a Note Verbale to MAEC’s Deputy Directorate-General for Chancellery, request-ing the establishment or modification of the seat or district of a Consular Post. This Note Verbale shall indicate the location pro-posed as the seat of the Consular Post, as well as its classification and district.

The consular district must be adapted to Spain’s territorial or-ganization, without intersecting any of its different Autonomous Communities. It may cover one or more Autonomous Communities, but every province within each Autonomous Community must be included.

The Deputy Directorate-General for Chancellery shall commu-nicate, by means of a Note Verbale, the decision adopted regard-ing the request to establish or modify a Consular Post.

It is important to note that the consent required for opening a Consular Post must be obtained prior to the proposal of appoint-ment of its Head.


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15.2. CATEGORIES AND CLASSES OF HEADS AND STAFF MEMBERS OF CONSULAR POSTS

15.2.1. Categories and classes of Heads of Consular PostsSpanish practice recognizes the following:

a) Career and Honorary Consuls-General

b) Career and Honorary Consuls

c) Career and Honorary Vice-Consuls

d) Career and Honorary Consular Agents

15.2.2. Categories and classes of consular staff membersSpanish practice recognizes the following:

a) Career Deputy Consuls-Generalb) Career and Honorary Consulsc) Career Deputy Consulsd) Career and Honorary Vice-Consulse) Career and Honorary Consular Agents

15.3. APPOINTMENT OF CAREER HEADS OF CONSULAR POSTS

The Diplomatic Mission shall send the Deputy Directorate-General for Chancellery a Note Verbale including the name and curriculum vitae of the Head of the Consular Post whose ap-pointment is proposed, and who must be a national of the send-ing State. The Note Verbale shall be accompanied by the Letter Patent, which shall meet the following requirements:

a) It shall be signed by the Head of State or the Minister of Foreign Affairs of the sending State.

b) It shall include the full name of the Head of the Consular Post, as is customary in the sending State.

c) It shall state the classification, rank, seat and district of the Consular Post.


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The consular seat and district may be stated in a separate docu-ment, attached to the Letter Patent.

Acceptance of a career Head of a Consular Post shall be noti-fied by MAEC’s Deputy Directorate-General for Chancellery to the competent local authorities of the consular district.

15.3.1. Provisional acceptance

Until the exequatur is granted, which is subject to the sending of the Letter Patent, and for a reasonable period of time, never exceeding 60 days, the career Head of the Consular Post may provisionally exercise his/her functions.

15.3.2. Temporary exercise of functions

If the position of career Head of a Consular Post becomes va-cant due to absence, termination of duties or inability to carry out duties, the sending State may appoint an acting Head.

This acting Head may be a career consular officer from the same Consular Post, or a career consular officer sent specifically for that purpose, or a diplomatic agent from the sending State’s Diplomatic Mission in Spain. In the latter case, s/he shall continue to enjoy diplomatic privileges and immunities while acting as tem-porary Head of the Consular Post.

The Mission must inform the Deputy Directorate-General for Chancellery of this appointment with sufficient notice. The Deputy Directorate-General for Chancellery shall, in turn, notify this to the competent local authorities of the consular district.

15.4. APPOINTMENT OF CAREER CONSULAR STAFF MEMBERS

In the same manner as indicated for the career Heads of Consular Posts, career consular officers may also be appointed by means of a Letter Patent (subject to the same conditions as those


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indicated in section 15.3) or by notification by the competent au-thority of the Ministry of Foreign Affairs of the sending State. In this latter case, it shall be sufficient for the Mission in question to send the Deputy Directorate-General for Chancellery a photocopy of the appointment, authenticated by the Mission itself.

Career consular officers must be nationals of the sending State.

Acceptance shall be issued by means of the corresponding exequatur if a Letter Patent has been issued, or by express ac-ceptance contained in the Note Verbale issued in reply, when the appointment of the officer in question is the only instrument for accreditation.

Notice to the local authorities shall be served by the Deputy Directorate-General for Chancellery as in the case of career Heads of Consular Posts.

15.5. TYPES OF PASSPORT

Spanish practice requires the following types of passports for the staff of career Consular Posts in Spain:

a) Head of the Consular Post and career consular officers: Diplomatic passport.

b) Consular employees: Official or service passport.

c) Service staff: Service passport or ordinary passport.

15.6. APPOINTMENT OF HONORARY HEADS OF CONSULAR POSTS

15.6.1. Request for appointmentThe Diplomatic Mission, by means of a Note Verbale addressed

to the Deputy Directorate-General for Chancellery, shall propose a specific person as Honorary Head of a Consular Post.

Said Note Verbale shall state this person’s name, nationality, profession, address and consular rank. The person proposed must be resident in the place of appointment.


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This Note Verbale must be accompanied by the corresponding curriculum vitae, and a photocopy of the Spanish National ID Card or, if the person is not Spanish, an authenticated photocopy of his/her Residence Permit.

MAEC’s Deputy Directorate-General for Chancellery, after studying the proposal, shall inform of the resolution adopted re-garding the proposed appointment by means of a Note Verbale.

The figure of honorary consular officer, whatever his/her rank, exists to perform functions in locations where the sending State cannot have a career Consular Post. Therefore, Spanish practice in this regard does not allow the simultaneous existence of career Consular Posts and Honorary Consular Posts in the same location.

15.6.2. Communicating the appointment and notifying the local authorities

Once acceptance has been received, the Diplomatic Mission shall send the Deputy Directorate-General for Chancellery its Letter Patent.

This Letter Patent must comply with the same requirements concerning stating the appointee’s name and that of the consular seat and district, as in the case of career Consular Officers.

As in the case of Heads of Consular Posts and career Consular Officers, the Ministry of Foreign Affairs and Cooperation shall communicate acceptance in the form of an exequatur, if a Letter Patent is involved, or in the text of a Note Verbale in response, in the event of an appointment document.

In parallel, the Deputy Directorate-General for Chancellery shall notify the local authorities of the appointment, so that the Honorary Head of the Consular Post may commence his/her con-sular functions.

15.6.3. Provisional acceptanceThe procedure for provisional acceptance of an Honorary Head

of a Consular Post is similar to that of a career Head, as described in section 15.3.1.


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15.6.4. Temporary exercise of functionsShould the post of Honorary Head of a Consular Post become

vacant due to absence, illness or termination of functions, the post may be exercised, on a temporary basis, by an honorary consular officer from the same Consular Post, by a career consular officer seconded ad hoc or by a diplomatic agent from the Mission. In this latter case, this agent shall retain diplomatic privileges and immunities.

The MAEC’s Introducer of Ambassadors Office must be in-formed of this appointment with sufficient notice so that it may grant approval, which in turn shall be communicated to the local authorities.

15.7. APPOINTMENT OF HONORARY CONSULAR OFFICERS

The procedure followed for their appointment and for notifying the local authorities is similar to that described for Honorary Heads of Consular Posts, except that, for their acceptance, it shall be suf-ficient for the Diplomatic Mission to send the Deputy Directorate-General for Chancellery a photocopy of the appointment, duly authenticated by the Mission.

15.8. INCOMPATIBILITIES REGARDING HONORARY CONSULAR STAFF

A variety of reasons suggest that persons taking part in Spanish political or administrative life ought not to be entrusted with de-fending the interests of nationals of a foreign country.

Pursuant to Spanish practice on incompatibilities, the following persons may not hold positions as honorary consular officers in Spain:

1. High ranking officials and civil servants, whether civilian or military, of the Central, Regional and Local Administrations and other personnel of the State, Autonomous Communities, Provinces or Municipalities, unless they have retired or withdrawn


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from public service and as long as their work in or professional relationship with the public sector subsists.

2. Members of Parliament, until their mandate ends.

3. Government Delegates or Deputy Delegates, whilst exer-cising their post. Subsequently, they shall not be authorized for appointment as Honorary Consular Officers in the Autonomous Community or province where they exercised their functions until two years have elapsed after concluding their services.

4. Presidents of Provincial Councils or Insular Corporations, Provincial Councillors, members of Insular Corporations, Mayors and members of Local Corporations.

When an Honorary Consular Officer is elected or appointed to any of the above posts, this shall be notified to MAEC’s Directorate-General for the Introducer of Ambassadors, via the corresponding Embassy.

5. Persons who have lost their Spanish citizenship, even if ap-pointed by a country whose nationality they have acquired.

An exequatur or authorization may be granted to civil servants pertaining to the State, Autonomous Communities, Province or Municipality who are teachers, lecturers or professors.


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16. HOLDING ELECTIONS / REFERENDUMS

By Circular Note Verbale 11/7, of 13 March 2012, the Ministry of Foreign Affairs and Cooperation reiterated its readiness to facilitate electoral consultations, provided the Deputy Directorate-General for Chancellery is informed sufficiently in advance of the date, times and places where the voting is to take place, so that the necessary security arrangements can be established and, if appropriate, civil protection arrangements made by the competent authorities.

For reasons of security and public order, what is most desirable and, moreover, most common, is for such voting to take place on the premises of the Diplomatic Missions and Consular Posts, unless due to force majeure voting must take place elsewhere. In this case, the relevant Embassy shall hire or, if applicable, ob-tain the use of suitable premises from the corresponding owners (Municipality, Autonomous Community, Government Delegation or Deputy Delegation, or private entities).

To assign the use of ballot boxes and/or voting booths, the re-quest shall be addressed directly to the corresponding Government Delegations or Deputy Delegations. If such materials were to be damaged, the Diplomatic Mission shall bear the cost of their repair or replacement.

Lastly, the Spanish Administration is ready to collaborate in resolving any difficulty or incident that might arise in this regard.


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17. UPDATING CONTACT INFORMATION

In order to properly update the official directory of residences and phone numbers of Embassies and Agencies, MAEC reminds all Diplomatic Missions, Consular Posts and International Agencies with offices in Spain that it is advisable to provide periodic infor-mation regarding:

— Address of the Residence of the Head of Mission, including phone number.

— Address of the Deputy Head of Mission, including phone number.

— Mobile phone numbers of Heads of Mission and Deputy Heads.

— 24/7 phone number.


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