Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 1THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA-----------------------------------------------------------------------------x : Christopher-Earl: Strunk in esse and the CHRISTOPHER: (aka CHRIS) STRUNK jus tertii People,: 593 Vanderbilt Avenue 281 Brooklyn New York11238: 845-901-6767 Plaintiffs: Civil No.:09-cv-1295 : Hon. Richard J. Leon v.::UNITED STATES DEPARTMENT OF COMMERCE :BUREAU OF THE CENSUS (BOC) et al. : : Defendants. : : -----------------------------------------------------------------------------x PLAINTIFFS CONSOLIDATED RESPONSE AFFIDAVIT IN OPPOSITION TO THE MOTION TO DISMISS THE COMPLAINT AS TO THE STATE OF CALIFORNIA AND STATE OF TEXAS DEFENDANTS STATE OF NEW YORK ) )ss.: COUNTY OF KINGS) Accordingly, I, Christopher Earl: Strunk, being duly sworn, depose and say: 1.Affiant / Plaintiff Christopher-Earl: Strunk in esse, (Affiant, Strunk) hereby responds in opposition to the motion to dismiss the complaint as to Defendant State of California represented by Attorney GeneralEdmund G. (Jerry) Brown Jr.s Deputy Seth E. Goldstein alleges on several grounds: (1) pursuant to Federal Rule of Civil Procedure, Rule 12(b)(1) because the Eleventh Amendment to the United States Constitution bars claims against the State of California, because Plaintiff lacks standing to bring his claim, and because this Court lacks jurisdiction over the bizarre conspiracy theories alleged in the Complaint; (2) pursuant to Federal Rule of Civil Procedure, Rule 12(b)(2) for lack of personal jurisdiction over the State of California; and (3) pursuant to Federal Rule of Civil Procedure, Rule 12(b)(6) for failure to state Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 2a claim, ordered by the Court to be filed no later than October 30, 2009; and2.Further Affiantherewith responds belatedly in consolidation with the Notice of Motion to dismiss the complaint as to Defendant State of Texas shown as Docket No. 16 having failed to sort out the mail for the Order of the Court shown as Docket 17 ordering a response filed by September 18, 2009, and in that Affiant relied at the time upon an assumption that the Docket No. 17 entry that is without specific mention of any Defendants, and since Affiant had no recollection of receiving the mailing of the State of Texas Motion only applied to the Maryland Province Defendants, and that Affiant error was discovered when the electronic copy of the Docket 16 and 17 from the ECF / Pacer today, October 26, 2009: 09/02/200917 ORDER that, on or before September 18, 2009, the plaintiff shall file his opposition or response to the defendants' motion to dismiss. If the plaintiff fails to respond timely, the Court may grant the defendants' motions as conceded. SO ORDERED. Signed by Judge Richard J. Leon on 9/2/09. (see order.)(kc) (Entered: 09/02/2009) 3.Further that Affiant neglect in filing by September 18, 2009 in opposition to the motion to dismiss as to the Defendant State of Texasthat in the Memorandum stated with Federal Rule of Civil Procedure 12(b) allows a party to file a motion asserting a number of defenses, including lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(1), (2), and 6. The Court should dismiss a case when the plaintiff fails to establish subject matter jurisdiction. FED. R. CIV. P. 12(b)(1). Under Fed. R. Civ. P. 12(b)(1), a plaintiff bears the burden of establishing by a preponderance of the evidence that the Court possesses jurisdiction. 4.That Affiant has an ongoing related case with the States of Texas and California (State Defendants) demands a 28 USC 2284 three Judge Panel in the Civil RICO case filed by Affiant / Plaintiff and four other self-represented there with 18 USC 1964(c) with a RICO Statement for Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 3suffrage infringement also involving the False Claims Act false billing with improper use of the Help America to Vote Act and intent of Congress and State Law of the several States in Case Forjone et al. v the State of California et al. NDNY 06-cv-1002 having been transferred from Western District Case number 06-cv-0080 by the Honorable Chief Judge Richard J. Arcara, andthree judge panel demand decision before District Judge Lawrence E. Kahn. 5.Plaintiff's injury and associated history that supports the need for a declaratory judgment and writ of Federal Defendants to act in their fiduciary capacity and or absent such thereby must facilitate Plaintiff with 18 USC 1964(c) to recover damages incurred after the Quo Warranto Inquest is done by this Court in DCD 08-cv-2234.6.That upon hearing the facts on the injury to Plaintiff(s) in esse (living being) here in New York, along with those similarly situated, and as recognized by the New York State Legislature as Plaintiff jus tertii represents any standing as aggrieved State Citizens (1), and also as a United States Citizen(s) resident in Washington District of Columbia as a (fictional) corporate entity(ies) that as Government contractor(s) by way of each entity registration and bonding with Plaintiffs actual birth certificate whose bond is on file at the Department of Commerce and used as an article of trade by Defendants against Plaintiffs in esse rights protected by New York law. 7.That Affirmant in esse makes a special appearance herein without waiver of any sovereignty as the Trustee and a benefactor of his corporate bond as CHRISTOPHER EARL STRUNK questionably held in Washington District of Columbia otherwise against his wishes as an article of trade in commerce under the Uniform Commercial Code, against New York Law 1Citizens: "The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights." -US Supreme Court Chief Justice John Marshall in The Venus (1812) case. Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 4and having damaged Plaintiff in esse in excess of One Million Dollars. 8.That Affirmant filed an affidavit response in opposition to the Federal Defendants Motion to Dismiss the Complaint as to them with annexed Exhibit A through Q which coincide with a common argument and request for relief (e.g. the pending inquest for the Usurper with a Quo warranto verified petition before this Court) and for economy and to further avoid burden upon the readers Affiant uses the Exhibits chronological order for reference herein.9.Further by reference Affiant asserts as a matter germane herein as regards the Fiduciary Duty of Federal Defendants breach of fiduciary duty regarding the Provincial Defendants apply to State Defendants infringement of Affiant suffrage and first amendment and guarantee of a republican form of government rights, and are involved in an enterprise defined under 18 USC 1961 that by my expert Witness testimony of Eric-Jon: Phelps in esse will show and includesthe copy of the Affidavit (shown in referenced Exhibit C) that will testify inter alia that: That on or about January 10, 1984 President Reagan, by Executive Order, recognized the Vatican as a sovereign political state exchanging diplomats thereby laying the legal groundwork for the signing of a treatya Concordatwith Rome, as did Roman Catholic, Jesuit-advised, Knight of Malta-backed military dictators Adolf Hitler, Benito Mussolini and Francisco Franco; That as a result of said Executive Order issued by President Reagan (having chosen at least six Knights of Malta to conduct his administration), the Society of Jesus is acting in concert serving a foreign sovereign (the Pope of Rome) ruling a sovereign state, (Vatican City) exclusive of all other considerationsintending to submit the American peoples to a socialist-communist or socialist-fascist military dictator secretly loyal to the Vicar of Christ; That this ubiquitous Jesuit Power extends to every State capital, to include every State legislature, judiciary and governor in command of his paramilitary state police; 10. The thrust of this case is that there is a conspiracy by acts of treason by Nancy Pelosi (the Traitor) who was and is responsible at the hub to place the Usurper in a coup tat in the oval office and thereby to have the Usurper deliver the USA and New York of the several States sovereignty to an enterprise in furtherance of the United Nations Climate Change Treaty, Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 5scheduled to be signed in Copenhagen in December 2009, and with the agenda then to totally integrate all tourists at will into the total Census enumeration preparing for the Immigration reform legislation scheduled for early 2010 to the detriment of the People of the United States of America, People of New York and Plaintiff in esse along with those similarly situated, and thatU.S. Census is no longer done by the Department of Interior nor by the Commerce Department but done by the Usurper and Traitor out of the Oval Office, with 13 USC 195.11. Affirmant complains with Civil RICO use of 18 USC 1964(c) with the duty for providing detail normally missing in complaints demanding writs for non-enforcement of specific laws, as by design Civil RICO crosses a tremendous domain of civil and criminal activity requiring the connecting of dots with patterns of interlocking activity and facilitation normally unseen but necessary for any private litigant, with no less than two predicate acts that have a pattern of crime dating back to before the Federal Election of 1996 there in California injuring the Honorable Robert K. Dornan (Bob) and voter suffrage in his Congressional District as a matter involving malicious violation of 18 USC 1324 (a) (1) (A) (iii.) (iv.) (Harboring illegal aliens) coup tat against Bob personally and inter alia for the purpose of making false claims against the U.S. Treasury generally but not least of which is the misuse of Congressional intent of reimbursement with the Help America to Vote Act (HAVA) from 2002 to the present; and that States Defendants agents include but are not limited tothe State Secretary of State, various present and previous Governors and others complicit in conjunction with La Raza, ACORN, PICOand as yet named parties-in-interest as defined under 42 USC 1983, 1985(3) and 1986 involved with the enterprise in a conspiracy to commit vote fraud and infringement of speech, with violation of the National Voter Registration Act (NVRA), related State election law Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 6and 42 USC 1973 to suborn the U.S. House of Representatives with the Speaker of the House, Traitor Jesuit Temporal Coadjutor Nancy Pelosi (2) to forward objectives of the enterprise. 12. As to the Governments contention that this Court lacks jurisdiction alleging Plaintiff has not provided a preponderance of the evidence for standing per se, Affiant strenuously disagrees, notwithstanding the use of 18 USC 1964(c), in that the matter of the Usurpers Quo Warranto takes precedence over such claims based upon the facts so-far presented and in that Usurper acts to date in conspiracy with Defendants herein along with those yet named forming an enterprise defined with the RICO Act as evidence sufficient to meet what U.S. Supreme Court Chief Justice John Marshall held on Court jurisdiction when he wrote in Cohens v. Virginia 19 US 264 (1821): "It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one." 13. That verification of evidence requested of that Court shows that the Usurper, Defendant 2 In 2006, former Rep. Bob Dornan (R-CA) stated of Minority Leader Nancy Pelosi (D-CA), that loyal Catholics and others who believe in Christianity should make sure she stays out of power. The failure to do so would mean jumping into the hell fire of a Nancy Pelosi Catholic who votes for abortion and rights for perverts. Watch it: Dornan also stated I think the big unknown in this election is what are Christians traditional loyal Catholics, traditional loyal Protestants who believe in Christianity they must not stay home theyll jump from the frying pan of some frustration over Republican hypocrisy into the hell fire of a Nancy Pelosi Catholic who votes for abortion and rights for pervert. Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 7Individuals under Civil RICO includes Nancy Pelosi (3) both Clintons and many others including then Speaker Newt Gingrich as the essential facilitators the coup tat fraud against Bob and also infringing Plaintiff proprietary property rights along with those similarly situated, who are singled out as heretics and injured by the pattern of abuse by the enterprise whose benefactors upon investigation use false billing of the treasury and falsification of documents as defined under law but not limited to the follows Federal statutes: 18 USC 1028 (a)(1)(4)(7)(c)(1)(2)(3)(d)(1)(f)- (fraud and related activity in connection with identification documents)18 USC 1324 (a) (1) (A) (iii.) (iv.) (Harboring illegal aliens) 18 USC 1341 (mail fraud) 18 USC 1343 (wire fraud) 18 USC 1425 (a) - (procure citizenship or naturalizationunlawfully) 18 USC 1512 (b)(1)(2)(c)(1)(2)(d)(1)(2)(3)- (Tamper with witness, victim ) 18 USC 1546 (a) - (fraud and misuse of documents) 18 USC 1952 (a) (1) (3) (b) (2) (3) (interstate and foreign travel in aid of racketeering Enterprise) 18 USC 1957 (engaging in monetary transaction in property derived from specific unlawful activity) 14. That on July 5, 2006Bob acknowledged Affiants letter (Exhibit D-1) of April 17, 2006, marked by the Clerk of the Court July 18, 2006 as page 43 of 47 filed at Docket Item No. 97 NOTICE OF MOTION FOR LEAVE TO MAKE A CONSOLIDATED REPLY OF EXPANDED LENGTHWITH EXHIBITS (A-1 thru D-4), by a Letter (Exhibit D-2) as page 44 of 47 of Docket Item No 97, to the Honorable Chief District Judge Richard J. Arcara in the Western District of 3Nancy Pelosi is from the Jesuit stronghold of San Francisco in the Republic of California whose Bank of America since 1850 directed the Republic of California incorporation into the Union as the 31st State on September 9, 1850 as part of the 1850 Compromise complex package of five bills, passed in September 1850, defusing a four-year confrontation between the slave states of the South and the free states of the North that arose from expectation of territorial expansion of the United States with the Texas Annexation (December 29, 1845) and the following Mexican-American War (18461848). It avoided secession or civil war at the time and quieted sectional conflict for four years until the divisive Kansas-Nebraska Act.) today use the strawman Jesuit temporal coadjutor Frank Pelosi executive of Delmonte Foods with overlapping directorship and significant stock ownership of Starkist Tuna exploitation of labor facilitated by Speaker Nancy by maintaining open boarders. Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 8New York Case Forjone et al. v. EAC et al. 06-cv-00080, (see Exhibit R); and15. Further, in which the False Claims Act / Civil Rico Case Affiant and John Joseph Forjone, as two of five self-represented plaintiffs therein 06-cv-0080 filed a RICO Case Statement with local rule 5.1(h) (see Exhibit S); and 16. Furthermore, in which the False Claims Act / Civil Rico Case 06-cv-0080 Affiant along with those self-represented plaintiffs filed an Amended Complaint by leave of the Court, and that among the numerous defendants named, the States of California, Oregon, Nevada, Arizona, New Mexico (4) , and Texas are defendants as its actions relate to the 2000 Census enumeration, allotment and subsequent reapportionment therein, as a matter of any state and or subdivision / person, territory that makes a false claim, as defined under the False Claims Act (FCA) 31 USC 4 Former New Mexico Secretary of State Indictedon August 19, 2009 was made public, charging former New Mexico Secretary of State Rebecca Vigil-Giron and Chairwoman of the National Association of Secretaries of States (NASS)(sued in Loeber et al. v Spargo et al. 04-cv-1193 NDNY) with fraud, money laundering, tax fraud, attempts to evade or defeat tax, making/permitting false public vouchers, soliciting/receiving an illegal kickback, offering/paying an illegal kickback, and tampering with evidence. The charges seem to relate to federal funds sent to the Secretary of States office during 2004 for voter education. See this story, which has a link to the 20-page indictment. Vigil-Giron served three four-year terms as Secretary of State. She was elected in 1986, 1998, and 2002. She is a Democrat. She made some rulings that were hostile to minor parties. During her second term, in 1999, the Libertarian Party was conducting a registration drive. Her office disallowed all new Libertarian registrants in any particular county, if even one person in that county complained that he or she had been tricked into registering into the party. However, a state court judge disallowed that ruling and restored the registrations. During her third term, when the Green Party was entitled to a primary in 2004 (because it had polled over 5% for Governor in 2002), she ruled all Green candidates who were running for public office off the Green Party primary ballot, so that the Green Party was left with no nominees except for president and vice-president in 2004. Also, starting with the 2006 election, she removed the straight-ticket device from the general election ballot for all parties except the Democratic and Republican Parties, even though nothing in the law authorizes such discriminatory treatment. Also, while she was Secretary of State, the Secretary of States webpage was set up to show voter registration data by political party, but omitted any mention of the qualified minor parties, thus giving the impression that they didnt exist. Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 93729 thru 3733, as well as Racketeering provisions of 18 USC 1961 thru 1968 as done under color of HAVA for Federal Treasury reimbursement certification review by the United States Department of Justice (DOJ) for the United States Election Assistance Corporation (EAC) on May 1, 2006 by order of that Court filed the Verified Amended Complaint (see Exhibit T). 17. Affiant since 1992 has studied the use of the census in shifting power to the southwest by changing the questions asked during the Census enumeration as part of predicate acts that aid and abet the objectives of a racketeering enterprise. 18. In 1999 Affiant filed a challenge to the 2000 Census enumeration in the Eastern District of New York 99-cv-2168 that languished for two years by judicial inaction and by way of this entry all the history from the 1910 Census through 1930 Census are incorporated herein as a matter of fact including the role ofthe San Francisco Bohemian Grove member Herbert Hoover and his 1928 Presidential election opponent SMOM member Al Smith who threatened to challenge the election of 1928 due to the non-allotment of House seats since 1911 that lead to the fraudulent voice vote adoption of 13 USC 141 for capping seats using the 1911 allotment without a role call in June of 1929, and thereby preventing the increase of House members ever since until hell freezes over; and that this case is different it is about a Traitor, Nancy Pelosi and the Usurper hijacking the 2010 Census enumerations as part of predicate acts that aid and abet the objectives of a racketeering enterprise. 19. That Bob in his July 5, 2006 letter to the Court, shown as page 44 of 47 in the Exhibit R, stated that he was: outrageously defeated illegally by Democrat Loretta Sanchez by a minimum of 2,369 alien votes, and according to I.C.E. (I.N.S.) records 4,023 alien votes illegally cast in the 1996 California General Election; and that by consensus of the both the Republican and Democratic parties behind the scenes in violation of the majority of voter rights conspired then and now for control over illegal alien voting power in California and seemingly nationwide. Aliens illegal, voting with impunity and whereas with thousands of felonies having been committed Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 1020. That since Bob wrote that letter back on July 5, 2006, the California Secretary of State on June 30, 2009 arrested and seeks conviction of the Jesuit temporal coadjuditor / community organizer Larry Nativo Lopez who is and was responsible for illegally registering the various aliens (tourists at will) who participated in the cited 1996 California General Election through the present and now faces three years in prison on a related charge as National Director of Hermandad Mexicana Latinoamericana and President of the Mexican American Political Association; and21. Further, to add insult to further injury having been suffered since the 1996 California General Election and Nationally since the Federal Defendants malicious refusal to ask the simple question in the enumeration of the 2000 Census (i.e. Are you a USA Citizen? and or Are you a Permanent Resident alien?) didnt and under the control by the Usurper and the questionable Census Monitoring Board with 13 USC 195 still intends not to ask any such question that would differentiate a Tourist at will or diplomat from a USA Citizen and or a Permanent resident Alien, and as a cover-up operation the hubristic Jesuit Temporal Coadjutor Larry Nativo Lopez on October 8, 2009was reported by the San Fernando Valley Sun in an article entitled Census Becomes Point of Contention for Latinos (see Exhibit U) by reporter Alex Garcia to say: "If we cannot count on the government, why are we going to get counted?," asked Nativo Lopez, president of Hermandad Mexicana Latinoamericana who along with Rev. Miguel Rivera, chairman of the National Coalition of Latino Clergy, are asking undocumented immigrants to abstain from participating in the census as a way to pressure the Obama administration to pass an immigration reform. Lopez said Latino participation was very high in the past two censuses, in 1990 and 2000 because there was an incentive for immigrants to participate. "The success of the 1990 Census was based on the legalization that took place in 1986. There was a strong incentive because immigrants felt they had become accepted and were no longer fearful," he said. He added those gains carried into 2000, when those immigrants who were Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 11legalized in 1986 were becoming citizens and were starting to vote for Latino politicians and saw their representation grow. 22. That Larry Nativo Lopez was instrumental in the Gray Davis victory that also marks a political shift in that Californians had no Democratic governor for 16 years since Jerry Brown from 1975 to 1983, assisted by Fr. Jim Jones, S.J. (May 13, 1931 November 18, 1978); and23.That Larry Nativo Lopez now to a lesser degree than Jesuit fourth level oath extremist Fr. James Warren "Jim" Jones, S.J., who was the founder and leader of the Peoples Temple and Templer New Age Democratic Party insider, throughout the sixties and seventies was the associate of Jesuit trained temporary coadjutor Attorney General Jerry Brown; that since then Jerry Brown now is one of ACORN's A-rated attorneys general; and that all the while ACORN was engaged in its apparently many unlawful activities in his state, Jerry Brown was helping ACORN on the taxpayer dime.It is a bad sign, to say the least, when the chief law enforcement officer of a state is actually helping an entity that is conflicting with multiple laws. Bobs election was stolen by Hermandad Nacional Mexicana, a group that made a concerted effort to register illegal aliens.Since then, the art of rigging the vote has been refined and perfected by the likes of ACORN and other community activist organizations.The modus operandi is clear.First, there must be a team of lawyers to challenge any efforts to determine voter eligibility.What we ended up with is "motor voter" registration everywhere screwing up suffrage! 24. The on-going enumeration of the 2010 Census are compounding the injury sustained from the motor voter act and HAVA that since the enumeration of 2000 without differentiating citizens and permanent residents from all person present at the time which included diplomats and tourist at will must be resolved herein and that associated crimes for which it created the basis for that is evidenced in Texas, and California along with other state of the several states than has injured Plaintiff and those similarly situated in New York as complained of in the Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 12related case Forjone et al. v California et al. NDNY 06-cv-1002, shown as Exhibit T, because plaintiffs present facts of injury complaint here is continuation of the Civil Rico matter now involving the Usurper who beforehand was an Attorney for ACORN and other vote fraud organizations. 25. That both Texas and California agents use the Census to commit a fraud upon the US Treasury as defined under the FCA using an improper overly-broad interpretation of the HAVA law as to Voting Age Population (VAP) which may only mean those eligible to vote for which permanent resident aliens, tourists and diplomats arent, went ahead and illegally falsely billed for all those 18 years or older even against the state law as alleged and shown in Exhibit T. 26.Texas and California agents are active participants in the enterprise whose associated predicate acts committed False Claims under HAVA with active harboring of tourists for financial gain as defined with involving malicious violation of 18 USC 1324 (a) (1) (A) (iii.) (iv.) and related law and are not abating such activity shown a long pattern of activity that goes to support the predicate offenses, and therefore, are rightfully to be included as Defendants. 27. As for Mr. Goldsteins contention that I havent been injured with sufficient particularity, Affiant contends that beyond the normal reference to pain and suffering and financial injury of the One Million personally, the five trillion dollars for the jus tertii People of New York is just asmall portion of the 650 or so Trillion Dollars of commercial instruments in each persons corporate name that effect People in New York, as WE have been rear-ended here with tourists; Affiants spiritual injury pre-supposes that the victim is able to know when it happened and when recognized is not to be compared to the fellow who after getting run over by a car crawls home, sits in his TV Chair and waits to see if the victim is news-worthy, or later to be defined by an attorney if in fact victim were injured, a spiritual injury happens when a sovereign living beings spirit is intentionally broken, faith trampled and hope extinguished; and that only when Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 13the victim fights back to recover his spirit, faith and hope may he be able to regain in esses sovereignty, both to pursue happiness and the blessings of liberty in a republican form of government under concepts of God, Country and with a Family as Affiant does herein.28. The Ratification of the Constitution by the People of New York July 26, 1788, declared:That all Power is originally vested in and consequently derived from the People, and that Government is instituted by them for their common Interest Protection and Security. That the enjoyment of Life, Liberty and the pursuit of Happiness are essential rights which every Government ought to respect and preserve. That the Powers of Government may be reassumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right, which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the Government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same; That the People have an equal, natural and unalienable right, freely and peaceably to Exercise their Religion according to the dictates of Conscience, and that no Religious Sect or Society ought to be favoured or established by Law in preference of others. Wherefore, Affiant prayer of relief of the Court is for an order: I.Deny both Defendants, the State of Texas and State of California, Motion to Dismiss; II.That both States be enjoined to cease the use of tourists and diplomats in suffrage matters;III.That the predicates and patterns shown in case Forjone et al. v. California et al. NDNY 06-cv-1002 be heard with 28 USC 1407 as part of a complex Multi-district litigation; IV.That both Case as they are related be consolidated and or partially severed as to interstate actions for hearing by a Three Judge Panel as requested by the Motion filed and pending before this Court since July 13, 2009;V.a preliminary injunction with special master to over see the Census Monitoring Board with 13 USC 195 wrongly formed by Pelosi and Usurper to conduct the 2010 Census enumeration with questions: are you a citizen, and or are you a permanent resident alien.VI.That the Verified Petition for a Quo Warranto inquest be expedited as matter of ongoing irreparable harm; VII.That were Barack Hussein Obama held a Usurper in fact that Plaintiff be granted an opportunity to amend the complaint with a Civil Rico Statement with 18 USC 1964(c); Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 14VIII.That a declaratory judgment on the application of the Immigration and Naturalization Act in regards to 13 USC 141 for Tourists and Diplomatic Corps with the Logan Act be issued, including whether or not the New York Civil Rights Law Chapter 6 Article 5A and New York Constitution Article 3 that differentiates Aliens from Tourists must apply with the Vienna Convention treaties in its entirety in Census 2010 Enumeration and allotment; IX.That Federal Defendants by writ of this court enforce the Logan act and Vienna Convention as to each Johnand Jane Doe member and XYZ entity doing business in the United States of America and or its territories and New York so that the New York Province for the Society of Jesus and by notice to all twelve Province must show cause why each should not conform and be subject to: a.to the contract provisions of New York law or as applies in another state of the several states as its members in New York Province of the Society of Jesus, Inc.; b.the provisions of the Logan Act and related law; c.to the provisions the Vienna Convention on Consular Relations; d.restraint of suffrage in New York and at united States Elections as voluntary honorary members of the Consular staff under the Vienna Conventions interfering with receiving state internal affairs; e.As to whether or not the Diplomatic service of a foreign sovereign state is subject for enumeration for the purposes of allotment of members to the US House of representatives on a state-by-state basis applies. f.restraint of suffrageat United States Elections as voluntary honorary members of the Consular staff under the Vienna Conventions interfering with receiving state internal affairs; g.That each member not be enumerated for the purpose of allotting U.S. House members with the 2010 Census; X.That Defendants and Provincial be restrained from interference with the internal affairs of the receiving States and commerce; XI.Those Federal Defendants restrain interference with the Vatican and USA to favor People; XII.That the allotment with 2 USC 2a to Maryland include the enumeration for the Washington District of Columbia Citizen resident and permanent resident for the purpose of calculation with 13 USC 141, and that residents qualified according to Maryland Election Law grant Federal election suffrage;XIII.That this matter be consolidated with Strunk v New York Province of the Society of Jesus et al. 09-cv-1249 and Strunk v. US DOS et al. DCD 08-cv-2234; XIV.That Plaintiff be reserved opportunity to include Defendants inan actual RICO Statement; XV.and for further and different relief as the Court deems necessary. Strunk v. US Department of Commerce Bureau of Census et al. DCD 09-cv-1295 15I have read the foregoing in regards to enforcement of law as is required with 18 USC 1964(c) as against the States Defendants and its agents as to the ongoing 2010 Census enumeration and effects upon equal representation in Congress, equal treatment of suffrage and substantive due process associated with the 9th and 10th Amendments, that in lieu ofthe secession of the People of the New York from the Union with the united States of America as of right by and for the CHRIS STRUNK jus tertii People of New York, and know the contents thereof and jus tertii effects those similarly situated with five causes of action with spiritual and temporal injuries with irreparable harm, affirms the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rd parties, books and records, and personal knowledge. /s/ Christopher Earl : Strunk ____________________________ Christopher Earl : Strunk in esse Sworn to before me this the 27thday of October 2009 /s/ ____________________________ NOTARY PUBLIC St& v. US Department of Commerce Bureau of Census et al. DCD 09-c~-1295 I have read the foregoing in regards to enforcement of law as is required with18 USC 1964(c) as against the States Defendants and its agents as to the ongoing 21010 Census enumeration and effects upon equal representation in Congress, equal treatment of suffkage and substantive due process associated with the 96 and1ohAmendments, that in lieu ofthe secession of the People of the New York fi-om the Union with the unitedStates of America as of right by and for the CHRIS STRUNK jus tertii People of New York,and know the contents thereof and jus tertii effects those similarly situated with five causes of action with spiritual and temporal injuries with irreparable harm,affirms the same is true to myown knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of mybeliefs as to all matters not stated upon information and belief are as follows: 3*parties, books and records, and personal knowledge. before me this of October 2009 w k 7 4 / 4NO%!!YPUBLIC -.-. -..A - . - ... .- - ..- _: .-.- -\- - ,.- ., * _- .- . -.- ..>.-'-/ --.-,' ..- .' MYRA J. HAILEY . . ...- -. . , . --'--T Notary Public, State OfNew York -. / - .. .. ..-.--- - - -No.01 HA6068323 . --__. _--. . _- - - .. Qualif~edInKings County .Commission ExpiresMarch 3,20#/ New York Province Society of Jesus -Welcome to New York Province of the Society of ...Page 1 of 3 Nenr Yurk Prdnce llc Sociery of Jars < F , . - M ~ s I .~FdhtmtUninmtfy.hburss conmunion at 1a)i em' s Man for fnaomiqfmhmanrmd their fmnl185. Make c donation NEWS New York Provincq M L ~ J o d R C m a t ~ ~Un4 pw-tsits &@ember*eatssckiuk. p m m t s L M * o f ~ m m b aswidsaaIitndm-andarpboial aAan00a - Ewrvone B e l a - fa the families and fii&of gays aIId fesbis. ~ m d r q r ~ ~ w b o t O I l a b ( 1 # ~ W s wY a k m c a a m v h d b a ~ ~ o n ~ o u r h i tIdentityRootad m Igualiau Spmmatity" at ST. Ignatim h i t~e be at Hou&Mabr s Ee t . NY. ~, S. pt anbe t 12.Lo y d a m&mMo r r i r r s Da m, NJ , i +m i a s t o a & k v o f ~ - ~ I r p l d o i n garmsthiog newnewnew- conductal by Fr. WU R,akowicq SJ, on September 17. Sociity of Jesus. A . ~ l w o s l l : . n h A ~ ~"Silenaand fwmt D ~ Y Qfa vocations are rm lower adequate responses t i ak pied shortage in the unit& Stabs." ForinsightmlDwhdpumigMdotocnoo~rqgavocldioar,md a hlrrk" bv Fr. Richard Mallw. SJ. ~nA mr i amagazine. &'$&& Ph"Q CJdkrrofmar MKI joined the Jamits in the United Stldes in 2008. --.-- -.- EXHIBITA' AThe text of the Jesuit Erh.eme Oath of Indmtion is meticulously recorded in the Joumais of the 62nd Congress. 3rd Session, of the United States Congressional Record (House Calendar No. 397.Report No.1523,15February,1913, pp.3215-3216). (Text of the Jesuit Extreme Oath of Induction:) I,now in the presence of Almighty God, the blessed Virgin Mary, the blessed St. John the Baptist, the Holy Apostles, St. Peter and St. Paul, -- and A1 the saints, sacred host of Heaven, and to you, my Ghostly Father, the superior general of the Society of Jesus, founded by s t . Ignatius Loyola, in the pontification of Paul the Third, and continued to the present, do by the womb of the V i the matrix of God, and the rod of Jesus Christ, declare and swear that His Holiness, the Pope, is Christ's Vice-Regent and is the true and only head of the Catholic or Universal Church throughout the earth; and that by the virtue of the keys of binding and loosing given to His Holiness by mySaviour, Jesus Christ, he hath power to depose heretical Kings, Princes, States, Commonwealths, and Governments, and they may be safely destroyed. Therefore to the utmost of my power I will defend this doctrine and His Holiness's right and custom against all ( usurpers of the heretical or Protestant authority whatever, especially the Lutheran Church of Germany, Holland, Denmark, Sweden and Norway, and the now pretended authority and Churches of England and Scotland, &dthe branches of same now established in Ireland and on the continent of America and elsewhere and all adherents in regard that they may be usurped and heretical, opposing the sacred Mother Church of Rome.I do now denounce and disown any allegiance as due to any heretical king, prince or State, named Protestant or Liberal, or obedience to any of their laws, magistrates or officers. I do fiirther declare the doctrine of the Churches of England and Scotland of the Calvinists, Huguenots, and others of the name of Protestants or Masons to be damnable, and they themselves to be damned who will not forsake the same. I do W e r declare that I will help, assist, and advise all or any of His Holiness's agents, in any place where I should be, in Switzerland, Germany, Holland, Ireland or America, or in any other kingdom or territory I shall come to, and do my utmost to extirpate the heretical Protestant or Masonic doctrines and to destroy all their pretended powers, legal or otherwise. I do further promise and declare that, notwithstanding, I am dispensed with to assume any religion heretical for the propagation of the Mother Church's interest; to keep secret and private all her agents' counsels &om time to time, as they entrust me, and not to divulge, directly or indirectly, by word, writing or circumstances whatever; but to execute all that should be proposed, given in charge, or discovered unto me byyou, my Ghostly Father, or any of this sacred order. I do further promise and declare that I will have no opinion or will of my own or any mental reservation whatever, even as a corpse or cadaver (perinde ac Exhibit B .- .UNITED STATES COURT OF APPEALS MIR THE DISTRICT OF COLUMBIA CIRCUIT In re Christopher Earl Stnmk, Petitioner for a Writ of Mandamus. AFFIDAVIT of Eric-Jon: Phelps 6 in esse In support of Christopher-Eark StnmW in esse, Petitioner in the Original Proceeding for a writ of mandamus under FRAP Rule 21 for an Order of the United States District Court for the District of Columbia to Reease the district Judge in QSlcv-2234,09-~-1249 09e-1295 atid investigation of District Clerk's Office with 28 U.S-C. 5455 and related law in its entirety. CMstopher-Earl: Strunk Q in esse 593 Vanderbilt Avenue #281 Brooklyn, New York11238 Em&: cesmck@m*cQ* -----.---..--.-...-.... .-.. Cell- (845) 901-6767 EXHIBITC+ 2 AFFIDAVIT of Eric-Jon: Phelps in esse In support of Christopher-Earl: Strunk in esse, Petitioner in the Original Proceeding for a writ of mandamus under FRAP Rule 21 for an Order of the United States District Court for the District of Columbia to Recuse the district Judge in 08-cv-2234, 09-cv-1249 09-cv-1295 and investigation of District Clerks Office with 28 U.S.C. 455 and related law in its entirety. COMMONWEALTH OF PENNSYLVANIA) ) ss COUNTY OF BERKS) I, Eric-Jon: Phelps in esse, Affirmant, being duly sworn, depose and state under penalty of perjury: 1.Am a natural born citizen of the Republic of California residing in the Commonwealth of Pennsylvania, am over 18 years of age and not a party to this instant action. 2.Affirmants residence for service of process is 203 South Fort Zellers Road, Apt. D, Newmanstown, PA, 17073; Email: eric@vaticanassassins.org; home phone : 610-295-5082.3.Affirmant makes this affidavit in support of Christopher-Earl: Strunk in esse (Petitioner), Petitioner in the Original Proceeding for a writ of mandamus under FRAP Rule 21 for an Order of the United States District Court for the District of Columbia to recuse the District Judge in 08-cv-2234, 09-cv-1249, 09-3cv-1295 and investigation of District Clerks Office with 28 U.S.C. 455 and related law in its entirety.4.That Petitioner has requested that Affirmant testify herein and or related proceedings as an expert witness on the Society of Jesus, also called the Company of Jesus, and related organizations in the following matters: a.The history of the Bible-based, Protestant Reformation; b.The history of the Society of Jesus, a.k.a. the Jesuit Order, established by Pope Paul III in 1540; c.The Jesuit Orders extreme oath of induction swearing complete obedience to the Pope of Rome, which allegiance includes the extirpation of all heretics and liberals by any means necessary including political assassination; d.The history of the Jesuit Orders involvement in the western hemisphere, especially as it relates to its de jure conversion of these United States of America founded in 1787 into a centralized, consolidated Empire in 1868 (via the Fourteenth Amendment to the United States Constitution) until the present; e.The history of the Bull promulgated by Pope Clement XIV in 1773, suppressing and extinguishing the Jesuit Order forever; the Societys resultant war on the papacy through its Illuminati-4controlled Grand Orient and Scottish-Rite Freemasonry leading and directing the French Revolution and subsequent Napoleonic Wars; the Orders restoration in 1814 and subsequent history as to how it presently exercises exclusive control over the Pope of Rome; f.The grave danger to the very existence of the papacy, the Order having murdered popes, altered Canon Law for its advancement, including directing the Second Vatican Council (1962-1965); the military Company of Jesus now serving as the primary impetus behind the international social, religious, political and financial movement for a highly-centralized New World Order which, at its consummation, necessitates the destruction of the Vatican and thus the historic Roman Catholic faith; g.The paramount influence of the Jesuit Order over Washington, D.C., through Georgetown University via its political surrogate, the New York City/Washington, D.C.-based Council on Foreign Relations (CFR) and its offspring, the Trilateral Commission (TC); h.The secret and yet complete power of the Jesuit Order over a myriad of papal Court Jews serving the Company via their membership in the CFR and/or in high-level Freemasonry (Senator Arlen Specter, Senator Charles Schumer, Henry Kissinger, 5billionaire George Soros, Obamas White House Chief of Staff Rahm Emanuel, Obamas Senior Advisor David Axelrod, past and present chairmen of the Federal Reserve Board of Governors, Alan Greenspan and Ben Bernanke, etc.); i.The absolute power of the Jesuit Order over the unified Intelligence Community of the American Empire centralized at National Security Agency (NSA) headquarters, Fort Meade, Maryland, it defending the popes purported power of binding and loosing; j.The absolute power of the Jesuit Order over the Central Intelligence Agency since its creation with the National Security Act in 1947, the CIA serving as the Orders enforcement arm over its CFR; k.The absolute power of the Jesuit Order over Pope Benedict XVIs thirteen American Roman Cardinal Archbishops includes the former president of Fordham University, CFR member and Professed Jesuit priest under extreme oath of the fourth vow Joseph A. OHare.The immediate foot soldiers of the American Cardinals include Knights of the Sovereign Military Order of Malta (CFR member and President Regans Secretary of State, Alexander M. Haig, Jr., whose brother, Francis Haig, is a powerful Jesuit priest under extreme oath of the fourth vow; CFR member and President 6Reagans National Security Advisor, Richard V. Allen; etc.); the Knights of St. Gregory (CFR member and Fox News mogul Rupert Murdoch, etc.); the Knights of Columbus (CFR-affiliated House Majority Leader John Boehner, Supreme Court Justice Samuel Alito, etc.) and Opus Dei (CFR-affiliated Supreme Court Justice Antonin Scalia, former Director of the FBI Louis Freeh, convicted American spy for the Russian KGB/SVR, FBI counterintelligence officer Robert Philip Hanssen, etc.); 5.That Affirmant hereby agrees to testify in this or any related other proceeding schedule with reasonable due notice. 6.That Affirmants area of expertise on the Jesuit Order with references is as follows: a. History of the Order including its present Crusade against Islam; b. Counter Reformation Doctrines of the Order; c.Power of the Order over the late British Empire, American Empire, Russian Empire and Chinese Empire; d.Power over the Moslem World and Israel (Romes revived Latin Kingdom of Jerusalem) via Freemasonry; e.Power over all political leaders worldwide via Illuminized Freemasonry ruling all Supreme Councils of the 33rd Degree; 7f.Power over the Popes International Intelligence Community andInternational Crime Syndicate both conducting the Orders International Drug Trade; International Islamic Masonic Terrorist Network; International Banking Community including all central banks of Europe, the U.S., Canada, Britain, France, etc. through the ubiquitous reach of the NSA, its most secret enclave being The Jew Room from which all American Jews are denied access as a matter of National Security; 7.That Affirmant was an expert witness for the Plaintiff(s) regarding the Jesuit Order in the California case Kronzer Foundation v. Caritas of Birmingham in the Superior Court of San Mateo County, Case No. CLJ 425608.See attached affidavit submitted in that case. 8.That Affirmant believes as a factual matter based upon Canon and related law as well as press releases and private periodicals: a.That the Society of Jesus has re-gained its death grip over the papacy since no later than October, 1836, in which year it secured a papal Brief by which Pope Gregory XVI gave himself and his church over to the diabolical rule of the Order; b.That the Jesuit Superior General of the Company of Jesus obtained absolute control over every Roman Catholic cardinal, archbishop, 8bishop and priest through the decree of papal infallibility issued by the Jesuit-directed and controlled First Vatican Council, 1870, the Father General now unfettered in his rule over the Popes Vatican Empire by commanding the movements of one man;c.That the Society of Jesus, in order to secure all past privileges granted to the Order prior to its suppression , extorted the Bull Dolemus inter alia from Pope Leo XIII in 1880 by first poisoning and then providing the antidote after the Pope signed that Bull further entrenching Jesuit tyranny over the Vatican; d.That according to the Code of Canon Law, the Pope must have a Jesuit for his immediate confessor, the Jesuit General being fully apprised of all secret designs and counsels of the Vicar of Christ and his Roman Curia lest a covert movement to suppress the Society be crowned with success as in the case of Pope Clement XIVs Bull of suppression and extinction of the Society in 1773; e.That the Society of Jesus tempers the Chair of St. Peter with assassination, should any Pope disobey clear commands of his Jesuit confessor and advisors as in the case of Pope John Paul I; f.That in upholding the Popes universal temporal power in his fanatical quest to rule all nations, the Company of Jesus, exercising 9unrivaled control of Pope Pius IX, assassinated President Abraham Lincoln (1865) and with its subsequent assassination of President William McKinley (1901) assumed absolute control of its Holy Roman Fourteenth Amendment, cartel-corporate fascist, socialist-communist, American Empire with which to rule the world for the benefit of the Jesuit papacy as Chicago Archbishop James Quigley stated in The Chicago Tribune in 1903: Within twenty years this country will rule the world.Kings and emperors will soon pass away, and the democracy of the United States will take their place. . . . When the United States rules the world, the Catholic Church will rule the world. g.That the Jesuit Order rules the world from America is attested to by Fordham University graduate, G. Gordon Liddy, so stated in his book, Will: The Autobiography of G. Gordon Liddy, pp. 23, 36: As much as I had admired the German Benedictines, I admired the Jesuits more . . . These men [Jesuits at the Fordham University Club] ran the world, and they enjoyed it. h.That Jesuit priest James Shea, Provincial the Maryland Province of the Society of Jesus, is the overseer of Jesuit Georgetown University president, Knight of Malta/CFR member John DiGioia; 10he in turn directing the domestic and foreign policy of Prince Hall Rite, 32nd Freemason, Mulatto U.S. President Barry (Davis) Soetoro (alias Barrack Hussein Obama) through Georgetown University directing Roman Catholic papal knight Vice President Joe Biden, both Sunni Moslem Obama and Roman Catholic Biden being groomed for these positions by Jesuit Temporal Coadjutors for over twenty years, including Roman Catholic U.S. Senator and CFR member Edward M. Kennedy and Roman Catholic ex-National Security Advisor and CFR/TC member Zibignew Bzrezinski; i.That the Jesuit Provincial of the New York Province for the Society of Jesus, David Ciancimino, manages and oversees the centralized wealth and economic power of the American Empire through his control of the Federal Reserve Bank of New York City (which houses over 600,000 gold bricks), JPMorgan Chase, Bank of America, etc., as well as Wall Street, the Stock Market and the Securities and Exchange Commission first headed by Knight of Malta Joseph P. Kennedy, the foremost short-seller of stock in 1929 precipitating the Stock Market Crash and Great Depression; j.That on or about January 10, 1984 President Reagan, by Executive Order, recognized the Vatican as a sovereign political state 11exchanging diplomats thereby laying the legal groundwork for the signing of a treatya Concordatwith Rome, as did Roman Catholic, Jesuit-advised, Knight of Malta-backed military dictators Adolf Hitler, Benito Mussolini and Francisco Franco; k.That as a result of said Executive Order issued by President Reagan (having chosen at least six Knights of Malta to conduct his administration), the Society of Jesus is acting in concert serving a foreign sovereign (the Pope of Rome) ruling a sovereign state, (Vatican City)exclusive of all other considerationsintending to submit the American peoples to a socialist-communist or socialist-fascist military dictator secretly loyal to the Vicar of Christ; 9.That Georgetown University is within the jurisdiction of the Maryland Province of the Society of Jesus, its Provincial having authority over Delaware, Maryland, Pennsylvania, southern New Jersey, North Carolina, Virginia, West Virginia and Washington, D.C., enveloping government service in the Departments of State, Justice, Homeland Security and other agencies manned by papal knights politically loyal to the Pope ofRome; 10.That this ubiquitous Jesuit Power extends to every State capital, to include every State legislature, judiciary and governor in command of his paramilitary state police; financial power of the Jesuit Order, he will be removed from office as was Illinois Governor ~ o d Blagojevich (an Orthodox "heretic"of Serbian descent) who promised that his Illinois State government would refuse to do business with the Jesuit Order'sBank of America headed by then Chairman and now CEO, papal knight Kenneth D. Lewis; 12.That I, the Affirmant, have readthe above and know its contents as an expert witness; the facts stated in the Petition are true pursuant to my own personal knowledge, except as to the matters therein stated to be alleged on information and belief?he grounds of Affirmant'sbeliefs as to all matters not stated upon information and belief are as follows: third parties including a former CIA assassin, classical histories, encyclopedias, rare books, official records, and personal knowledge except as to those stated being logical conclusions premised upon undeniable facts. Sworn andso Stated before me this3''day of September 2009. ., pzfi;b,3.;.;&j,:1 ...- Notary Public ANNM HASSLER Notary Public WOMELSOORFBOROUGH.BERKS COUNTY My Commlsslof~Expires Jan 24.2013- .......~i e nnaConvention on Consular Relations 1963 Done at Vienna on 24 April 1963. Entatd into fbra on 19 March1967. Unied Nations,Tr-&f?es,vol. 596, p 261 Copyright O United Nuions 2005 FEXHIBITD 2Vienna Convention on Consular RelationsDone at Viennaon 24 April1963The States Parties to the present Convention,Recallingthat consularrelationshave beenestablishedbetweenpeoples since ancienttimes,HavinginmindthePurposesandPrinciplesoftheCharteroftheUnitedNationsconcerningthesovereignequalityofStates,themaintenanceofinternationalpeaceandsecurity,andthepromotionoffriendlyrelationsamongnations,ConsideringthattheUnitedNationsConferenceonDiplomaticIntercourseandImmunitiesadoptedtheViennaConventiononDiplomaticRelationswhichwasopenedforsignatureon18April1961,Believingthataninternationalconventiononconsularrelations,privilegesandimmunitieswouldalsocontributetothedevelopmentoffriendlyrelationsamongnations,irrespectiveoftheirdifferingconstitutionalandsocial systems,Realizingthatthepurposeofsuchprivilegesandimmunitiesisnottobenefitindividualsbuttoensure theefficientperformanceof functionsby consularposts on behalfof theirrespectiveStates,Affirmingthattherulesofcustomaryinternationallawcontinuetogovernmattersnotexpresslyregulatedby the provisionsof the presentConvention,Have agreed as follows:Article 1Definitions1. ForthepurposesofthepresentConvention,thefollowingexpressionsshallhavethemeaningshereunderassigned to them:(a) consular post means anyconsulate-general,consulate,vice-consulateorconsularagency;(b) consulardistrictmeanstheareaassignedtoaconsularpostfortheexerciseofconsularfunctions;(c) head of consularpost means theperson chargedwiththedutyof actingin thatcapacity;(d) consularofficermeansanyperson,includingtheheadofaconsularpost,entrustedinthatcapacity with theexercise of consular functions;(e) consularemployeemeansanypersonemployedintheadministrativeortechnicalserviceofaconsular post;3(f) memberoftheservicestaffmeansanypersonemployedinthedomesticserviceofaconsularpost;(g) membersoftheconsularpostmeansconsularofficers,consularemployeesandmembersoftheservice staff;(h) membersoftheconsularstaffmeansconsularofficers,otherthantheheadofaconsularpost,consular employeesand membersof the servicestaff;(i) memberoftheprivatestaffmeansapersonwhoisemployedexclusivelyintheprivateserviceof a memberof the consularpost;(j) consularpremisesmeansthebuildingsorpartsofbuildingsandthelandancillarythereto,irrespectiveof ownership,used exclusivelyforthepurposes of the consularpost;(k) consulararchivesincludesallthepapers,documents,correspondence,books,films,tapesandregistersoftheconsularpost,togetherwiththeciphersandcodes,thecard-indexesandanyarticleoffurnitureintendedfortheirprotectionorsafe keeping.2. Consularofficersareoftwocategories,namelycareerconsularofficersandhonoraryconsularofficers.The provisionsof ChapterII of the presentConventionapplyto consularpostsheadedby careerconsularofficers,theprovisionsofChapterIIIgovernconsularpostsheadedbyhonoraryconsularofficers.3. The particularstatusof membersoftheconsularpostswhoare nationalsorpermanentresidentsof the receivingStateis governedby article 71 of thepresent Convention.CHAPTER I.CONSULAR RELATIONS IN GENERALSECTION I. ESTABLISHMENT ANDCONDUCT OF CONSULAR RELATIONSArticle 2Establishmentof consularrelations1. The establishmentof consular relationsbetweenStates takes placeby mutualconsent.2. TheconsentgiventotheestablishmentofdiplomaticrelationsbetweentwoStatesimplies,unlessotherwise stated, consent to the establishmentof consularrelations.3. Theseveranceofdiplomaticrelationsshallnotipsofactoinvolvetheseveranceofconsularrelations.4Article 3Exercise of consularfunctionsConsularfunctionsareexercisedbyconsularposts.Theyarealsoexercisedbydiplomaticmissions in accordancewith theprovisionsof the presentConvention.Article 4Establishmentof a consular post1. AconsularpostmaybeestablishedintheterritoryofthereceivingStateonlywiththatStatesconsent.2. Theseatoftheconsularpost,itsclassificationandtheconsulardistrictshallbeestablishedbythe sendingStateand shall be subjectto theapprovalof the receivingState.3. Subsequentchangesintheseatoftheconsularpost,itsclassificationortheconsulardistrictmay be madeby the sendingStateonlywith theconsent of the receivingState.4. TheconsentofthereceivingStateshallalsoberequiredifaconsulate-generaloraconsulatedesirestoopenavice-consulateoraconsularagencyinalocalityotherthanthatinwhichitisitselfestablished.5. ThepriorexpressconsentofthereceivingStateshallalsoberequiredfortheopeningofanoffice formingpartof an existingconsularpost elsewherethan at theseat thereof.Article 5Consular functionsConsular functionsconsist in:(a) protectinginthereceivingStatetheinterestsofthesendingStateandofitsnationals,bothindividualsandbodies corporate,withinthe limitspermittedby internationallaw;(b) furtheringthedevelopmentofcommercial,economic,culturalandscientificrelationsbetweenthesendingStateandthereceivingStateandotherwisepromotingfriendlyrelationsbetweentheminaccordancewiththe provisionsof the presentConvention;(c) ascertainingbyalllawfulmeansconditionsanddevelopmentsinthecommercial,economic,culturalandscientificlifeofthereceivingState,reportingthereontotheGovernmentofthesendingState and givinginformationto personsinterested;(d) issuingpassportsandtraveldocumentstonationalsofthesendingState,andvisasorappropriatedocumentsto persons wishingto travelto the sendingState;(e) helping andassistingnationals,bothindividualsandbodies corporate,of thesendingState;5(f) actingasnotaryandcivilregistrarandincapacitiesofasimilarkind,andperformingcertainfunctionsofanadministrativenature,providedthatthereisnothingcontrarytheretointhelawsandregulationsof the receivingState;(g) safeguardingtheinterestsofnationals,bothindividualsandbodiescorporate,ofthesendingStatesincasesofsuccessionmortiscausaintheterritoryofthereceivingState,inaccordancewiththelaws and regulationsof thereceivingState;(h) safeguarding,withinthelimitsimposedbythelawsandregulationsofthereceivingState,theinterestsofminorsandotherpersonslackingfullcapacitywhoarenationalsofthesendingState,particularlywhereany guardianshipor trusteeshipis requiredwithrespectto such persons;(i) subjecttothepracticesandproceduresobtaininginthereceivingState,representingorarrangingappropriaterepresentationfornationalsofthesendingStatebeforethetribunalsandotherauthoritiesofthereceivingState,forthepurposeofobtaining,inaccordancewiththelawsandregulationsofthereceivingState,provisionalmeasuresforthepreservationoftherightsandinterestsofthesenationals,where,becauseofabsenceoranyotherreason,suchnationalsareunableatthepropertimetoassumethe defenceof their rightsandinterests;(j) transmittingjudicialandextrajudicialdocumentsorexecutinglettersrogatoryorcommissionstotake evidenceforthecourtsof thesendingStatein accordancewithinternationalagreementsinforceor,intheabsenceofsuchinternationalagreements,inanyothermannercompatiblewiththelawsandregulationsof the receivingState;(k) exercisingrightsofsupervisionandinspectionprovidedforinthelawsandregulationsofthesendingStateinrespectofvesselshavingthenationalityofthesendingState,andofaircraftregisteredin that State,and in respectof theircrews;(l) extendingassistancetovesselsandaircraftmentionedinsubparagraph(k)ofthisarticle,andtotheircrews,takingstatementsregardingthevoyageofavessel,examiningandstampingtheshipspapers,and,withoutprejudicetothepowersoftheauthoritiesofthereceivingState,conductinginvestigationsintoanyincidentswhichoccurredduringthevoyage,andsettlingdisputesofanykindbetweenthemaster,theofficersandtheseameninsofarasthismaybeauthorizedbythelawsandregulationsof the sendingState;(m) performinganyotherfunctionsentrustedtoaconsularpostbythesendingStatewhicharenotprohibitedbythelawsandregulationsofthereceivingStateortowhichnoobjectionistakenbythereceivingStateorwhicharereferredtointheinternationalagreementsinforcebetweenthesendingState and the receivingState.Article 6Exercise of consularfunctionsoutsidethe consulardistrictA consularofficermay,in specialcircumstances,withtheconsentof thereceivingState,exercisehis functionsoutsidehis consulardistrict.6Article 7Exercise of consularfunctionsin a third StateThe sendingStatemay,afternotifyingtheStatesconcerned,entrustaconsularpostestablishedinaparticularStatewiththeexerciseofconsularfunctionsinanotherState,unlessthereisexpressobjectionby one of the States concerned.Article 8Exercise of consularfunctionson behalfof a third StateUponappropriatenotificationtothereceivingState,aconsularpostofthesendingStatemay,unlessthereceivingStateobjects,exerciseconsularfunctionsinthereceivingStateonbehalfofathirdState.Article 9Classes of heads of consular posts1. Heads of consularposts are dividedintofourclasses, namely(a) consuls-general;(b) consuls;(c) vice-consuls;(d) consular agents.2. Paragraph1ofthisarticleinnowayrestrictstherightofanyoftheContractingPartiestofixthe designationof consularofficersotherthanthe heads of consularposts.Article 10Appointmentand admissionof heads of consularposts1. HeadsofconsularpostsareappointedbythesendingStateandareadmittedtotheexerciseoftheir functionsby the receivingState.2. SubjecttotheprovisionsofthepresentConvention,theformalitiesfortheappointmentandfortheadmissionoftheheadofaconsularpostaredeterminedbythelaws,regulationsandusagesofthesending State andof thereceivingStaterespectively.Article 11The consular commissionor notificationof appointment1. The head ofa consularpostshall be providedby thesending Statewitha document,in theformofacommissionorsimilarinstrument,madeoutforeachappointment,certifyinghiscapacityand7showing,as ageneralrule,hisfullname,hiscategoryandclass, theconsulardistrictandtheseatoftheconsular post.2. The sendingState shalltransmitthe commissionor similarinstrumentthroughthediplomaticorotherappropriatechanneltotheGovernmentoftheStateinwhoseterritorytheheadofaconsularpostis to exercisehis functions.3. IfthereceivingStateagrees,thesendingStatemay,insteadofacommissionorsimilarinstrument,sendtothereceivingStateanotificationcontainingtheparticularsrequiredbyparagraph1of this article.Article 12The exequatur1. The head ofa consularpostis admittedto theexercise ofhisfunctionsbyan authorizationfromthe receivingState termedan exequatur,whateverthe formof thisauthorization.2. AStatewhichrefusedtograntanexequaturisnotobligedtogivetothesendingStatereasonsfor such refusal.3. Subjecttotheprovisionsofarticles13and15,theheadofaconsularpostshallnotenteruponhis dutiesuntil he has received an exequatur.Article 13Provisional admissionof headsof consular postsPendingdeliveryoftheexequatur,theheadofaconsularpostmaybeadmittedonaprovisionalbasis to the exerciseof his functions.In thatcase, theprovisionsof the presentConventionshall apply.Article 14Notificationto theauthoritiesof the consulardistrictAssoonastheheadofaconsularpostisadmittedevenprovisionallytotheexerciseofhisfunctions,thereceivingStateshallimmediatelynotifythecompetentauthoritiesoftheconsulardistrict.Itshallalsoensurethatthenecessarymeasuresaretakentoenabletheheadofaconsularposttocarryout the duties of his officeandto havethe benefitof the provisionsof the presentConvention.Article 15Temporary exercise of thefunctionsof thehead of a consularpost1. Iftheheadofaconsularpostisunabletocarryouthisfunctionsorthepositionofheadofconsular post is vacant, an acting headof postmay act provisionallyas head of the consularpost.2. The fullnameof theacting head ofpost shallbe notifiedeitherbythe diplomaticmissionof thesendingStateor,ifthatStatehasnosuchmissioninthereceivingState,bytheheadoftheconsular8post,or,ifheisunabletodoso,byanycompetentauthorityofthesendingState,totheMinistryforForeignAffairsofthereceivingStateortotheauthoritydesignatedbythatMinistry.Asageneralrule,thisnotificationshallbegiveninadvance.ThereceivingStatemaymaketheadmissionasactingheadofpostofapersonwhoisneitheradiplomaticagentnoraconsularofficerofthesendingStateinthereceivingStateconditionalon its consent.3. ThecompetentauthoritiesofthereceivingStateshallaffordassistanceandprotectiontotheactingheadofpost.Whileheisinchargeofthepost,theprovisionsofthepresentConventionshallapplytohimonthesamebasisastotheheadoftheconsularpostconcerned.ThereceivingStateshallnot,however,be obligedto grantto anactingheadofpostanyfacility,privilegeorimmunitywhichthehead of the consularpost enjoysonlysubject to conditionsnot fulfilledbythe actinghead of post.4. When,inthecircumstancesreferredtoinparagraph1ofthisarticle,amemberofthediplomaticstaffof thediplomaticmissionof thesendingStatein thereceivingStateis designatedby thesendingStateasanactingheadofpost,heshall,ifthereceivingStatedoesnotobjectthereto,continueto enjoy diplomaticprivilegesandimmunities.Article 16Precedence as between headsof consular posts1. Headsofconsularpostsshallrankineachclassaccordingtothedateofthegrantoftheexequatur.2. If,however,theheadofaconsularpostbeforeobtainingtheexequaturisadmittedtotheexerciseofhisfunctionsprovisionally,hisprecedenceshallbedeterminedaccordingtothedateoftheprovisionaladmission;this precedenceshall be maintainedafterthegrantingof the exequatur.3. Theorderofprecedenceasbetweentwoormoreheadsofconsularpostswhoobtainedtheexequaturorprovisionaladmissiononthesamedateshallbedeterminedaccordingtothedatesonwhichtheircommissionsorsimilarinstrumentsorthenotificationsreferredtoinparagraph3ofarticle11 were presentedto the receivingState.4. Actingheadsofpostsshallrankafterallheadsofconsularpostsand,asbetweenthemselves,theyshallrankaccordingtothedatesonwhichtheyassumedtheirfunctionsas actingheadsofpostsasindicatedin thenotificationsgivenunderparagraph2 of article 15.5. Honoraryconsularofficerswhoareheadsofconsularpostsshallrankin eachclassaftercareerheads of consular posts,in the orderandaccordingto the rules laiddownin theforegoingparagraphs.6. Heads of consularposts shall have precedenceoverconsular officersnot havingthatstatus.Article 17Performance of diplomaticactsby consularofficers1. InaStatewherethesendingStatehasnodiplomaticmissionandisnotrepresentedbyadiplomaticmissionofathirdState,aconsularofficermay,withtheconsentofthereceivingState,and9withoutaffectinghisconsularstatus,be authorizedtoperformdiplomaticacts.Theperformanceofsuchactsbyaconsularofficershallnotconferuponhimanyrighttoclaimdiplomaticprivilegesandimmunities.2. Aconsularofficermay,afternotificationaddressedtothereceivingState,actas representativeof thesendingStatetoanyintergovernmentalorganization.Whenso acting,he shallbeentitledtoenjoyanyprivilegesandimmunitiesaccordedtosucharepresentativebycustomaryinternationallaworbyinternationalagreements;however,inrespectoftheperformancebyhimofanyconsularfunction,heshallnotbeentitledtoanygreaterimmunityfromjurisdictionthanthattowhichaconsularofficerisentitled underthe presentConvention.Article 18Appointmentof the same person by two or more Statesas a consularofficerTwoormoreStatesmay,withtheconsentofthereceivingState,appointthesamepersonasaconsular officerin that State.Article 19Appointmentof members of consularstaff1. Subjecttotheprovisionsofarticles20,22and23,thesendingStatemayfreelyappointthemembers of the consularstaff.2. The full name,categoryand class ofall consularofficers,otherthan thehead ofa consularpost,shall be notifiedbythesending Stateto thereceivingStatein sufficienttimeforthereceivingState,if itso wishes, to exerciseits rightsunderparagraph3 ofarticle23.3. ThesendingStatemay,ifrequiredbyitslawsandregulations,requestthereceivingStatetogrant an exequaturto a consularofficerotherthan the headof a consularpost.4. ThereceivingStatemay,ifrequiredbyitslawsandregulations,grantanexequaturtoaconsular officerotherthan the headof a consularpost.Article 20Size of theconsular staffIn theabsence ofan expressagreementas to thesize ofthe consularstaff,thereceivingStatemayrequirethatthesizeofthestaffbekeptwithinlimitsconsideredbyittobereasonableandnormal,havingregardtocircumstancesandconditionsintheconsulardistrictandtotheneedsoftheparticularconsular post.10Article 21Precedence as between consularofficers of a consularpostTheorderofprecedenceasbetweentheconsularofficersofaconsularpostandanychangethereofshallbenotifiedbythediplomaticmissionofthesendingStateor,ifthatStatehasnosuchmission in thereceivingState,by the headof theconsular post,to the MinistryforForeignAffairsof thereceivingStateor to the authoritydesignatedby thatMinistry.Article 22Nationalityof consular officers1. Consular officersshould,in principle,have the nationality of the sending State.2. ConsularofficersmaynotbeappointedfromamongpersonshavingthenationalityofthereceivingStateexcept withthe expressconsent of that Statewhichmay be withdrawnat any time.3. The receivingStatemayreservethesamerightwithregardto nationalsofa thirdStatewhoarenot also nationalsof the sendingState.Article 23Persons declared nongrata1. ThereceivingStatemayatanytimenotifythesendingStatethataconsularofficerispersonanongrataorthatanyothermemberoftheconsularstaffisnotacceptable.Inthatevent,thesendingStateshall,asthecasemaybe,eitherrecallthepersonconcernedorterminatehisfunctionswiththeconsular post.2. IfthesendingStaterefusesorfailswithinareasonabletimetocarryoutitsobligationsunderparagraph1ofthisarticle,thereceivingStatemay,asthecasemaybe,eitherwithdrawtheexequaturfromthe personconcernedor cease to considerhimas a memberof the consularstaff.3. ApersonappointedasamemberofaconsularpostmaybedeclaredunacceptablebeforearrivingintheterritoryofthereceivingStateor,ifalreadyinthereceivingState,beforeenteringonhisduties withthe consular post.In anysuch case, thesending Stateshall withdrawhisappointment.4. In the cases mentionedin paragraphs1and 3 ofthis article,thereceivingStateis notobligedtogive to the sendingStatereasons forits decision.Article 24Notificationto thereceiving Stateof appointments,arrivals and departures1. TheMinistryforForeignAffairsofthereceivingStateortheauthoritydesignatedbythatMinistry shall be notifiedof:11(a) theappointmentofmembersofaconsularpost,theirarrivalafterappointmenttotheconsularpost,theirfinaldepartureortheterminationoftheirfunctionsandanyotherchangesaffectingtheirstatus that mayoccurin thecourse of theirservice withthe consularpost;(b) the arrivalandfinaldepartureofapersonbelongingtothefamilyofa memberofaconsularpostformingpartofhishouseholdand,whereappropriate,thefactthatapersonbecomesorceasestobesuch a memberof thefamily;(c) thearrivalandfinaldepartureofmembersoftheprivatestaffand,whereappropriate,theterminationof theirservice as such;(d) the engagementanddischargeofpersonsresidentin thereceivingStateas membersofa consularpost or as membersof the privatestaffentitledto privilegesandimmunities.2. When possible,priornotificationof arrivalandfinaldepartureshall also be given.SECTION II.END OF CONSULAR FUNCTIONSArticle 25Terminationof the functionsof a member of a consular postThe functionsof a memberof a consularpost shall cometo an end, interalia:(a) on notificationbythe sendingStateto the receivingStatethathis functionshave cometo an end;(b) on withdrawalof the exequatur;(c) onnotificationbythereceivingStatetothesendingStatethatthereceivingStatehasceasedtoconsider himas a memberof the consularstaff.Article 26Departure from the territoryof thereceiving StateThereceivingStateshall,evenincaseofarmedconflict,granttomembersoftheconsularpostandmembersoftheprivatestaff,otherthannationalsofthereceivingState,andtomembersoftheirfamiliesformingpartoftheirhouseholdsirrespectiveofnationality,thenecessarytimeandfacilitiestoenablethemtopreparetheirdepartureandto leaveattheearliestpossiblemomentaftertheterminationof thefunctionsofthemembersconcerned.Inparticular,itshall,incaseofneed,placeat theirdisposalthenecessarymeansoftransportforthemselvesandtheirpropertyotherthanpropertyacquiredinthereceivingStatethe exportof whichis prohibitedat the timeof departure.12Article 27Protection of consularpremises andarchives andof theinterests of the sendingState in exceptionalcircumstances1. In the event of the severanceof consularrelationsbetweentwo States:(a) the receivingStateshall, evenin case of armedconflict,respectand protecttheconsularpremises,together withthe propertyofthe consularpost andthe consulararchives;(b) thesendingStatemayentrustthecustodyoftheconsularpremises,togetherwiththepropertycontainedthereinand theconsulararchives,to a thirdState acceptableto thereceivingState;(c) thesendingStatemayentrusttheprotectionofitsinterestsandthoseofitsnationalstoathirdState acceptableto thereceivingState.2. Intheeventofthetemporaryorpermanentclosureofaconsularpost,theprovisionsofsubparagraph(a) of paragraph1 of this articleshall apply.In addition,(a) ifthesendingState,althoughnotrepresentedinthereceivingStatebyadiplomaticmission,hasanotherconsularpostintheterritoryofthatState,thatconsularpostmaybeentrustedwiththecustodyofthepremisesof theconsularpostwhichhasbeenclosed,togetherwiththepropertycontainedthereinandtheconsulararchives,and,withtheconsentofthereceivingState,withtheexerciseofconsularfunctionsin the districtof that consularpost; or(b) ifthesendingStatehasnodiplomaticmissionandnootherconsularpostinthereceivingState,the provisionsof subparagraphs(b)and (c) of paragraph1 of this articleshall apply.CHAPTER II.FACILITIES, PRIVILEGES AND IMMUNITIESRELATING TO CONSULAR POSTS, CAREERCONSULAROFFICERS AND OTHER MEMBERS OF A CONSULAR POSTSECTION I. FACILITIES, PRIVILEGES AND IMMUNITIES RELATINGTO A CONSULAR POSTArticle 28Facilities for thework of the consularpostThe receivingStateshallaccordfullfacilitiesfortheperformanceofthefunctionsoftheconsularpost.Article 29Use of nationalflagand coat-of-arms1. ThesendingStateshallhavetherighttotheuseofitsnationalflagandcoat-of-armsinthereceivingStatein accordancewiththe provisionsof this article.132. ThenationalflagofthesendingStatemaybeflownanditscoat-of-armsdisplayedonthebuildingoccupiedbytheconsularpostandattheentrancedoorthereof,ontheresidenceoftheheadofthe consularpost andon his meansof transportwhenused on officialbusiness.3. Intheexerciseoftherightaccordedbythisarticleregardshallbehadtothelaws,regulationsand usages of the receivingState.Article 30Accommodation1. ThereceivingStateshalleitherfacilitatetheacquisitiononitsterritory,inaccordancewithitslaws andregulations,bythesendingStateofpremisesnecessaryfor its consularpost or assistthelatter inobtaining accommodationin some other way.2. Itshallalso,wherenecessary,assisttheconsularpostinobtainingsuitableaccommodationforits members.Article 31Inviolabilityof the consular premises1. Consular premisesshall be inviolableto the extentprovidedin this article.2. TheauthoritiesofthereceivingStateshallnotenterthatpartoftheconsularpremiseswhichisusedexclusivelyforthepurposeoftheworkoftheconsularpostexceptwiththeconsentoftheheadoftheconsularpostorofhisdesigneeoroftheheadofthediplomaticmissionofthesendingState.Theconsentoftheheadoftheconsularpostmay,however,beassumedincaseoffireorotherdisasterrequiringpromptprotectiveaction.3. Subjecttotheprovisionsofparagraph2ofthisarticle,thereceivingStateisunderaspecialdutyto takeallappropriatestepstoprotecttheconsularpremisesagainstany intrusionordamageandtoprevent anydisturbanceof thepeace of theconsular postor impairmentof its dignity.4. Theconsularpremises,theirfurnishings,thepropertyoftheconsularpostanditsmeansoftransportshallbe immunefromanyformof requisitionforpurposesof nationaldefence orpublicutility.Ifexpropriationisnecessaryforsuchpurposes,allpossiblestepsshallbetakentoavoidimpedingtheperformanceof consularfunctions,andprompt,adequateandeffectivecompensationshallbe paidto thesending State.Article 32Exemptionfrom taxationof consular premises1. ConsularpremisesandtheresidenceofthecareerheadofconsularpostofwhichthesendingStateor anyperson actingonitsbehalfis the owneror lesseeshallbe exemptfromallnational,regionalormunicipalduesandtaxeswhatsoever,otherthansuchasrepresentpaymentforspecificservicesrendered.142. The exemptionfromtaxationreferredtoparagraph1ofthisarticleshallnotapplytosuchduesand taxesif,underthelawof thereceivingState,they arepayable by thepersonwho contractedwiththesending State or withthe personactingon its behalf.Article 33Inviolabilityof the consular archives and documentsThe consulararchives anddocumentsshall be inviolableat all times andwherevertheymay be.Article 34Freedom of movementSubjecttoitslawsandregulationsconcerningzonesentryintowhichisprohibitedorregulatedforreasonsofnationalsecurity,thereceivingStateshallensurefreedomofmovementandtravelinitsterritoryto all membersof the consularpost.Article 35Freedom of communication1. ThereceivingStateshallpermitandprotectfreedomofcommunicationonthepartoftheconsularpostforallofficialpurposes.IncommunicatingwiththeGovernment,thediplomaticmissionsandotherconsularposts,whereversituated,ofthesendingState,theconsularpostmayemployallappropriatemeans,includingdiplomaticorconsularcouriers,diplomaticorconsularbagsandmessagesincodeorcipher.However,theconsularpostmayinstallanduseawirelesstransmitteronlywiththeconsent ofthe receivingState.2. Theofficialcorrespondenceoftheconsularpostshallbeinviolable.Officialcorrespondencemeans allcorrespondencerelatingtothe consularpost andits functions.3. Theconsularbagshallbeneitheropenednordetained.Nevertheless,ifthecompetentauthoritiesofthereceivingStatehaveseriousreasontobelievethatthebagcontainssomethingotherthanthecorrespondence,documentsorarticlesreferredtoinparagraph4ofthisarticle,theymayrequestthatthebagbeopenedintheirpresencebyanauthorizedrepresentativeofthesendingState.IfthisrequestisrefusedbytheauthoritiesofthesendingState,thebagshallbereturnedtoitsplaceoforigin.4. Thepackagesconstitutingtheconsularbagshallbearvisibleexternalmarksoftheircharacterand maycontainonlyofficialcorrespondenceanddocumentsorarticlesintendedexclusivelyforofficialuse.5. Theconsularcouriershallbeprovidedwithanofficialdocumentindicatinghisstatusandthenumberofpackagesconstitutingtheconsularbag.ExceptwiththeconsentofthereceivingStateheshallbeneitheranationalofthereceivingState,nor,unlessheisanationalofthesendingState,apermanentresidentofthereceivingState.IntheperformanceofhisfunctionsheshallbeprotectedbythereceivingState.Heshallenjoypersonalinviolabilityandshallnotbeliabletoanyformofarrestordetention.156. ThesendingState,itsdiplomaticmissionsanditsconsularpostsmaydesignateconsularcouriersadhoc.Insuchcasestheprovisionsofparagraph5ofthisarticleshallalsoapplyexceptthattheimmunitiesthereinmentionedshallceasetoapplywhensuchacourierhasdeliveredtotheconsigneethe consularbag in hischarge.7. Aconsularbagmaybeentrustedtothecaptainofashiporofacommercialaircraftscheduledtolandatanauthorizedportofentry.Heshallbeprovidedwithanofficialdocumentindicatingthenumberofpackagesconstitutingthebag,butheshallnotbeconsideredtobeaconsularcourier.Byarrangementwiththeappropriatelocalauthorities,theconsularpostmaysendoneofitsmemberstotake possessionof the bag directlyand freelyfromthe captainof theship or of theaircraft.Article 36Communicationandcontactwith nationalsof the sending State1. Witha viewto facilitatingtheexerciseof consularfunctionsrelatingtonationalsof thesendingState:(a) consularofficersshallbefreetocommunicatewithnationalsofthesendingStateandtohaveaccesstothem.NationalsofthesendingStateshallhavethesamefreedomwithrespecttocommunicationwithandaccess to consularofficersof thesending State;(b) ifhesorequests,thecompetentauthoritiesofthereceivingStateshall,withoutdelay,informtheconsularpostofthesendingStateif,withinitsconsulardistrict,anationalofthatStateisarrestedorcommittedtoprisonortocustodypendingtrialorisdetainedinanyothermanner.Anycommunicationaddressedtotheconsularpostbythepersonarrested,inprison,custodyordetentionshallbeforwardedbythesaidauthoritieswithoutdelay.Thesaidauthoritiesshallinformthepersonconcernedwithoutdelay of his rightsunderthis subparagraph;(c) consularofficersshallhavetherighttovisitanationalofthesendingStatewhoisinprison,custodyordetention,toconverseandcorrespondwithhimandtoarrangeforhislegalrepresentation.TheyshallalsohavetherighttovisitanynationalofthesendingStatewhoisinprison,custodyordetentionintheirdistrictinpursuanceof ajudgement.Nevertheless,consularofficersshallrefrainfromtakingactionon behalfofanationalwhois inprison,custodyordetentionifhe expresslyopposessuchaction.2. Therightsreferredtoinparagraph1ofthisarticleshallbeexercisedinconformitywiththelawsandregulationsofthereceivingState,subjecttotheproviso,however,thatthesaidlawsandregulationsmustenablefulleffecttobegiventothepurposesforwhichtherightsaccordedunderthisarticle are intended.16Article 37Informationin cases of deaths,guardianshipor trusteeship,wrecks and air accidentsIftherelevantinformationisavailabletothecompetentauthoritiesofthereceivingState,suchauthoritiesshall havethe duty:(a) inthecaseofthedeathofanationalofthesendingState,toinformwithoutdelaytheconsularpost in whose districtthe deathoccurred;(b) toinformthecompetentconsularpostwithoutdelayofanycasewheretheappointmentofaguardianor trusteeappears to be in theinterestsof a minoror otherpersonlackingfullcapacity whois anationalofthesendingState.Thegivingofthisinformationshall,however,bewithoutprejudicetotheoperationof the lawsand regulationsof the receivingStateconcerningsuchappointments;(c) ifavessel,havingthenationalityofthesendingState,iswreckedorrunsagroundintheterritorialseaorinternalwatersofthereceivingState,orifanaircraftregisteredinthesendingStatesuffersanaccidentontheterritoryofthereceivingState,toinformwithoutdelaytheconsularpostnearest tothe scene of theoccurrence.Article 38Communicationwiththe authoritiesof the receiving StateIn the exercise of theirfunctions,consularofficersmayaddress:(a) the competentlocal authoritiesof theirconsulardistrict;(b) thecompetentcentralauthoritiesofthereceivingStateif andtotheextentthatthisis allowedbythe laws, regulationsandusages of the receivingStateor by the relevantinternationalagreements.Article 39Consular fees andcharges1. TheconsularpostmaylevyintheterritoryofthereceivingStatethefeesandchargesprovidedby the laws and regulationsof thesending Stateforconsularacts.2. The sums collectedin theformofthefeesandchargesreferredtoinparagraph1 ofthisarticle,and the receipts forsuch fees andcharges,shallbe exemptfromalldues and taxes in the receivingState.17SECTION II.FACILITIES, PRIVILEGES AND IMMUNITIESRELATING TO CAREER CONSULAR OFFICERS ANDOTHER MEMBERS OF A CONSULAR POSTArticle 40Protection of consularofficersThereceivingStateshalltreatconsularofficerswithduerespectandshalltakeallappropriatesteps to preventanyattack on theirperson,freedomor dignity.Article 41Personal inviolabilityof consularofficers1. Consularofficersshallnotbeliabletoarrestordetentionpendingtrial,exceptinthecaseofagrave crimeand pursuantto a decisionby the competentjudicialauthority.2. Exceptinthecasespecifiedinparagraph1ofthisarticle,consularofficersshallnotbecommittedtoprisonorbeliabletoanyotherformofrestrictionontheirpersonalfreedomsaveinexecutionof a judicialdecision of finaleffect.3. Ifcriminalproceedingsareinstitutedagainstaconsularofficer,hemustappearbeforethecompetentauthorities.Nevertheless,theproceedingsshallbeconductedwiththerespectduetohimbyreason ofhisofficialpositionand,exceptin thecase specifiedin paragraph1ofthis article,in a mannerwhichwillhampertheexerciseofconsularfunctionsaslittleaspossible.When,inthecircumstancesmentionedinparagraph1ofthisarticle,ithasbecomenecessarytodetainaconsularofficer,theproceedingsagainsthim shallbe institutedwiththe minimumof delay.Article 42Notificationof arrest, detentionor prosecutionIntheeventofthearrestordetention,pendingtrial,ofamemberoftheconsularstaff,orofcriminalproceedingsbeinginstitutedagainsthim,thereceivingStateshallpromptlynotifytheheadoftheconsularpost.Shouldthelatterbehimselftheobjectofanysuchmeasure,thereceivingStateshallnotify thesending Statethroughthe diplomaticchannel.Article 43Immunityfrom jurisdiction1. Consularofficersandconsularemployeesshallnotbeamenabletothejurisdictionofthejudicial oradministrativeauthoritiesofthereceivingStatein respectof acts performedintheexercise ofconsular functions.2. Theprovisionsofparagraph1ofthisarticleshallnot,however,applyinrespectofacivilaction either:18(a) arisingoutofacontractconcludedbyaconsularofficeroraconsularemployeeinwhichhedidnot contractexpresslyor impliedlyas an agentof the sendingState; or(b) byathirdpartyfordamagearisingfromanaccidentinthereceivingStatecausedbyavehicle,vessel or aircraft.Article 44Liabilityto give evidence1. Membersofaconsularpostmaybecalledupontoattendas witnessesinthecourseofjudicialor administrativeproceedings.Aconsularemployeeora memberoftheservicestaffshallnot,exceptinthecasesmentionedinparagraph3ofthisarticle,declinetogiveevidence.Ifaconsularofficershoulddecline to do so, no coercivemeasure or penaltymaybe appliedto him.2. Theauthorityrequiringtheevidenceofaconsularofficershallavoidinterferencewiththeperformanceofhisfunctions.Itmay,whenpossible,takesuchevidenceathisresidenceorattheconsular post or accept a statementfromhimin writing.3. Membersofaconsularpostareundernoobligationtogiveevidenceconcerningmattersconnectedwiththeexerciseoftheirfunctionsortoproduceofficialcorrespondenceanddocumentsrelatingthereto.Theyarealsoentitledtodeclinetogiveevidenceas expertwitnesseswithregardto thelaw of the sendingState.Article 45Waiver of privilegesand immunities1. ThesendingStatemaywaive,withregardtoamemberoftheconsularpost,anyoftheprivilegesandimmunitiesprovidedforin articles41, 43 and 44.2. Thewaivershallinallcasesbeexpress,exceptasprovidedinparagraph3ofthisarticle,andshall be communicatedtothe receivingStatein writing.3. The initiationofproceedingsbya consularofficeroraconsularemployeeina matterwherehemightenjoyimmunityfromjurisdictionunderarticle43shallprecludehimfrominvokingimmunityfromjurisdictionin respect of any counterclaimdirectlyconnectedwiththe principalclaim.4. Thewaiverofimmunityfromjurisdictionforthepurposesofciviloradministrativeproceedingsshallnotbedeemedtoimplythewaiverofimmunityfromthemeasuresofexecutionresultingfromthe judicialdecision;in respectof such measures,a separatewaivershall be necessary.19Article 46Exemptionfrom registrationof aliensand residence permits1. ConsularofficersandconsularemployeesandmembersoftheirfamiliesformingpartoftheirhouseholdsshallbeexemptfromallobligationsunderthelawsandregulationsofthereceivingStateinregard to the registrationof aliens andresidencepermits.2. The provisionsofparagraph1of this articleshall not,however,apply toany consularemployeewhoisnotapermanentemployeeofthesendingStateorwhocarriesonanyprivategainfuloccupationin the receivingStateor to any memberof thefamilyof any such employee.Article 47Exemptionfrom work permits1. Membersoftheconsularpostshall,withrespecttoservicesrenderedforthesendingState,beexemptfromanyobligationsinregardtoworkpermitsimposedbythelawsandregulationsofthereceivingStateconcerningtheemploymentofforeignlabour.2. Membersof theprivatestaffof consularofficersandof consularemployeesshall,if theydo notcarryonanyothergainfuloccupationinthereceivingState,beexemptfromtheobligationsreferredtoin paragraph1 ofthis article.Article 48Social security exemption1. Subjecttotheprovisionsofparagraph3ofthisarticle,membersoftheconsularpostwithrespect toservices renderedby themforthesendingState,andmembersof their familiesformingparto