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Treaty concluded July 27, 1853 (Friendship, Commerce, and Navigation). 691. ARTICLE IX.

If any citizen of either the two contracting parties shall die without will or testament, in any of the territories of the other, the Consul-General or Consul of the nation to which the deceased belonged, or the representative of such Consul-General or Consul, in his absence, shall have the right to intervene in the possession, administration, and judicial liquidation of the estate of the deceased, conformably with the laws of the country, for the benefit of the creditors and legal heirs.


It shall be free for each of the two contracting parties to appoint Consuls for the protection of trade, to reside in any of the territories of the other party; but, before any Consul shall act as such, he shall, in the usaal form, be approved and admitted by the government to which he is sent; and either of the contracting parties may except from the residence of Consuls such particular places as they judge fit to be excepted. The archives and papers of the Consulates of the respective governments shall be respected inviolably, and under no pretext whatever shall any magistrate, or any of the local authorities, seize or in any way interfere with them.

The Diplomatic Agents and Consuls of the Argentine Confederation shall enjoy, in the territories of the United States, whatever privileges, exemptions, and immunities are, or shall be, granted to Agents of the same rank, belonging to the most favored nation; and, in like manner, the Diplomatic Agents and Consuls of the United States, in the territories of the Argentine Confederation, shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are, or may be, granted in the Argentine Confederation to the Diplomatic Agents and Consuls of the most favored nation.


Consular Convention concluded July 11, 1870 (Rights, privileges, and immunities of Consuls).


Each of the high contracting parties shall be at liberty to establish Consuls-General, Consuls, Vice-Consuls, or Consular Agents at the ports and places of trade of the other party, except those where it may not be convenient to recognize such officers; but this exception shall not apply to one of the high contracting parties without also applying to every other Power. Consuls-General, Consuls, and other Consular Officers appointed and taking office according to the provisions of this article, in one or the other of the two countries, shall be free to exercise the right accorded them by the present convention throughout the whole of the district for which they may be respectively appointed. The said functionaries shall be admitted and recognized respectively upon presenting their credentials in accordance with the rules and formalities established in their respective countries. The exequatur required for the free exercise of their official duties shall be delivered to them free of charge; and upon exhibiting such exequatur they shall be admitted at once and without interference by the authorities, Federal or State, judicial or executive, of the ports, cities, and places of their residence and district, to the enjoyment of the prerogatives reciprocally granted.


The Consuls-General, Consuls, Vice-Consuls, and Consular Agents, their Chancellors, and other Consular Officers, if they are citizens of the State which appoints them, shall be exempt from military billetings, from service in the military or the national guard, and other duties of the same nature, and from all direct and personal taxation, whether Federal, State, or municipal, provided they be not owners of real estate, and neither carry on trade nor any industrial business.

If, however, they are not citizens of the State which appoints them, or if they are citizens of the State in which they reside, or if they own property, or engage in any business there that is taxed under any laws of the country, then they shall be subject to the same taxes, charges, and assessments as other private individuals. They shall, moreover, enjoy personal immunities, except for acts regarded as crimes by the laws of the country in which they reside. If they are engaged in commerce, personal detention can be resorted to in their case only for commercial liabilities, and then in accordance only with general laws, applicable to all persons alike.


Consuls-General, Consuls, and their Chancellors, Vice-Consuls, and Consular Officers, if citizens of the country which appoints them, shall not be summoned to appear as witnesses before a court of justice, except

when, pursuant to law, the testimony of a Consul may be necessary for the defense of a person charged with crime. In other cases the local court, when it deems the testimony of a Consul necessary, shall either go to his dwelling to have the testimony taken orally, or shall send there a competent officer to reduce it to writing, or shall ask of him a written declaration.


Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall be at liberty to place over the chief entrance of their respective offices the arms of their nation, with the inscription, "Consulate-General," "Consulate," "Vice-Consulate,” or “Consular Agency," as may be. They shall also be at liberty to hoist the flag of their country on the Consular edifice, except when they reside in a city where the legation of their Government may be established. They shall also be at liberty to hoist their flag on board the vessel employed by them in port for the discharge of their duty.


The Consular archives shall be at all times inviolable, and under no pretense whatever shall the local authorities be allowed to examine or seize the papers forming part of them.


In the event of incapacity, absence, or death of Consuls-General, Consuls, Vice-Consuls, their Consular Pupils, Chancellors, or Secretaries, whose official character may have been previously made known to the respective authorities in the United States, or in the Austro-Hungarian Empire, shall be admitted at once to the temporary exercise of the Consular functions, and they shall, for the duration of it, enjoy all the immunities, rights, and privileges conferred upon them by the convention.


Consuls General and Consuls shall have the power to appoint ViceConsuls and Consular Agents in the cities, ports, and towns within their Consular Districts, subject, however, to the approbation of the Government of the country where they reside. These Vice-Consuls and Consular Agents may be selected indiscriminately from among citizens of the two countries or from foreigners, and they shall be furnished with a commission issued by the appointing Consul, under whose orders they are to be placed. They shall enjoy the privileges and liberties stipulated in this convention. To Vice-Consuls and to Consular Agents who are not citizens of the State which appoints them, the privileges and immunities. specified in Article II shall not extend.

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