Federal Law on Conduct of Foreign Affairs

Foundation Agreement
Annex III, Attachment 2
Federal Law on Conduct of Foreign Affairs

The text of this Law is as provisionally agreed between the Parties save for highlighted parts that represent the bridging proposals of the United Nations.
A Law to provide for the rules and procedures to be followed by the public authorities of the federal government in conducting external relations.

It is hereby provided as follows:

Short title
1. This Law may be cited as the Federal Law on Foreign Affairs.

Interpretation
2. In this Law, unless the context otherwise requires –

“Central Service” means the diplomatic officers and other personnel serving in the Department of Foreign Affairs in the United Cyprus Republic;

“Constitution” means the Constitution of the United Cyprus Republic;

“diplomatic officers” means all public officers serving in the Diplomatic Service;

“Diplomatic Service” means the service composed by all diplomatic officers serving in the Department of Foreign Affairs;

“diplomatic staff” means all public officers with diplomatic status, serving in a Mission;

“External Relations” means the relations of the United Cyprus Republic and of its constituent states with foreign governments and their sub-entities as is provided for in the Framework Agreement and the Constitution of the United Cyprus Republic.

"Foreign Affairs" means the relations of the United Cyprus Republic with foreign governments and their sub-entities and with intergovernmental and other international organizations and institutions;

“Foreign Service” means the Central Service and the Overseas Service;

“Gazette” means the federal Official Gazette;

“JCER” means the Joint Committee on External Relations, as provided for in the Cooperation Agreement on External Relations.

“Member of the Presidential Council responsible for “European Union Affairs” means the Member of the Presidential Council responsible for the federal Department having, for the time being, responsibility in respect of European Union Affairs;

“Member of the Presidential Council responsible for Foreign Affairs” means the Member of the Presidential Council responsible for the federal Department having, for the time being, responsibility in respect of Foreign Affairs;

“Missions” includes Embassies, Consulates-General, and Consulates, as well as Permanent Missions to intergovernmental and other international organisations and institutions;

“officer” means a public officer within the meaning of the Federal Law on Public Service

“Overseas Service” means the diplomatic officers and other personnel serving in all Missions;

“Public Service” means the federal public service;

“ratification” means in each case the act by which the United Cyprus Republic establishes on the international level its consent to be bound by a treaty;

“treaty” means an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.

The Presidential Council
3. (1) The determination of the external policy of the United Cyprus Republic shall be made by the Presidential Council and in particular by the Member of the Presidential Council responsible for Foreign Affairs. as is provided for in the Foundation Agreement and the Constitution of the United Cyprus Republic.

(2) The constituent states shall be consulted on external relations decisions that affect their competencies, as stipulated under Article 18 (2) of the Constitution, and as provided for in the Cooperation Agreement on Foreign Affairs.

The Head of State
4. In representing the Presidential Council as Head of State, the President of the Council shall:
sign the instrument of ratification of international treaties;
attend official functions, sign and receive credentials of diplomatic envoys;
sign the credentials of delegates appointed for negotiating or signing any treaty.

Consultation by the Member
5.The Member of the Presidential Council responsible for Foreign Affairs shall consult with the constituent states on all matters that affect their competencies as provided for in the Cooperation Agreement of Foreign Affairs.

Observance of international obligations of the United Cyprus Republic
6. Obligations of the United Cyprus Republic under international agreements shall be implemented by the federal government or constituent state authority which enjoys competence in the subject matter to which the agreement pertains.

Approval of treaties
7. The Presidential Council shall submit international treaties for approval to the Parliament, except where such power has been delegated by the Parliament to the Presidential Council in accordance with Article 24.2 of the Constitution

Recognition of states and diplomatic relations
8. The recognition of states, the establishment and severance of diplomatic relations with foreign countries and the participation in intergovernmental and other international organisations and institutions except if otherwise provided by law pursuant to the Foundation Agreement and the Constitution of the United Cyprus Republic, shall be decided by the Presidential Council.

Cooperation Agreement
9. (1) The conduct of external relations and the representation of the federal state in regional, intergovernmental and international organizations shall be carried out by the Department of Foreign Affairs on the basis of consultation with the Presidential Council. The issues of consultation and representation of constituent states regarding matters affecting their competencies shall be regulated by the Cooperation Agreement on External Relations.

(2) The participation of the United Cyprus Republic in international organizations, the establishment of constituent state commercial and cultural attaches, the conclusion of international agreements which fall in the areas of competence of the constituent states and the procedures for instituting proceedings before an international or supranational body to settle disputes shall be regulated by the Cooperation Agreement on External Relations.

Special ties of friendship
10. The United Cyprus Republic shall maintain special ties of friendship with Greece and Turkey, respecting the balance established by the Treaty of Guarantee and the Treaty of Alliance and the Foundation Agreement and Article 18(1) of the Constitution.

The Department
11. (1) The Department of Foreign Affairs shall be comprised of the Diplomatic Service and any other officers serving in the Department of Foreign Affairs, both in the United Cyprus Republic and overseas.

(2) Without prejudice to the provisions of the Federal Law on European Union Affairs, the Department of Foreign Affairs shall conduct and administer the external relations of the United Cyprus Republic. It shall conduct all diplomatic and consular relations of the United Cyprus Republic with foreign countries and with intergovernmental and other international organisations and institutions.

The Member of the Presidential Council responsible for Foreign Affairs
12. The Member of the Presidential Council responsible for Foreign Affairs s shall be the head of the Department of Foreign Affairs.

Powers, duties and functions
13. Without prejudice to the powers, duties and functions of the Department of European Union Affairs, the powers, duties and functions of the Department of Foreign Affairs shall, in particular, be to:
conduct all diplomatic and consular relations on behalf of the United Cyprus Republic;
conduct and manage international negotiations as they relate to the United Cyprus Republic;
conduct all official communications between the federal government and the government of any other country and between the federal government and any international organisation and institution;
have the management of the United Cyprus Republic Missions;
represent the interests of the United Cyprus Republic abroad;
cultivate and promote foreign relations especially in the political, economic, development policy, cultural, scientific, technological, environmental and social fields;
inform the members of the Presidential Council and the governments of the constituent states as regards conditions and developments abroad;
provide information abroad on the island of Cyprus;
render support and assistance to Cypriots abroad;
participate in the development of relations in the field of international jurisprudence and the evolution of international law;
coordinate the activities of the federal government and of the constituent states, insofar as such activities carry foreign policy implications;
represent the United Cyprus Republic before all international judicial bodies; and
carry out such other duties and functions as are by law assigned to it.

Structure of the Department
14. The organizational structure and the functions of the Department of External Relations shall comprise:
(a) the Member of the Presidential Council responsible for External Relations
(b) a State Secretary
(c) a Permanent Secretary
(d) Assistant Secretaries, of which every third shall not hail from the same constituent state.

The State Secretary for Foreign Affairs
15. (1) A State Secretary for Foreign Affairs who shall be a senior diplomatic officer, shall be appointed by the Presidential Council upon a proposal by the Minister of Foreign Affairs.

(2) The Minister of Foreign Affairs and the State Secretary for Foreign Affairs shall preferably not hail from the same constituent state.

(3) The Minister of Foreign Affairs shall delegate any powers that he deems necessary to the State Secretary for Foreign Affairs.

The Permanent Secretary for Foreign Affairs
16. (1) The member of the Presidential Council responsible for Foreign Affairs shall designate a Permanent Secretary for Foreign Affairs.

(2) The Permanent Secretary for Foreign Affairs shall be a senior diplomatic officer and shall have the overall administrative responsibility and authority, as well as any other duty delegated to him by the member of the Presidential Council responsible for Foreign Affairs.

The Overseas Service
17. (1) The Overseas Service shall consist of the Missions.

(2) The Missions shall be divided into two lists, A and B, to be established by the Presidential Council upon a proposal by the Consultative Transfer Committee submitted by the Member of the Presidential Council responsible for Foreign Affairs. The inclusion of a Mission on one or the other of the above lists shall depend on:
external relations and foreign policy objectives;
the living conditions in the receiving state, as determined by the relevant Regulations, issued under section 32;
the relative significance of the receiving state in relation to the United Cyprus Republic;
the geographic proximity of the receiving State in relation to the United Cyprus Republic.

Allowances
18. (1) The organisation and funding of the Overseas Service shall be provided for by Regulations and be regularly adjusted in line with its functions and requirements.

(2) In addition to their salaries, there shall be paid to the members of the Overseas Service allowances determined in accordance with the Regulations made under this Law. Appropriate provisions shall be included in the annual federal budget.

Diplomatic Service
19..(1) The Diplomatic Service of the United Cyprus Republic is established as a separate branch of the federal public service for the purpose of conducting, subject to the provisions of the Constitution and of any law made thereunder, the external relations of the United Cyprus Republic.

(2) The members of the Diplomatic Service are members of the public service and hold one of the grades/ranks set out, in hierarchical order, in a Schedule to this Law

(3) Without prejudice to the provision of Article 19, the composition of the Diplomatic Service shall be proportional to the population of the constituent states, though at least one-third of the Diplomatic Officers and Diplomatic Staff must hail from each constituent state.

(4) Members of the Diplomatic Service shall to the best of their ability safeguard and promote the reputation and interests of the United Cyprus Republic abroad.

Officers, Ranks and Rates
20. Subject to section 19, the number of officers, their grades/ranks and the salary scales in the Diplomatic Service shall be specified by the law on the annual federal Budget.

Appointments and Promotions
21.(1) Subject to the provisions of this Law and of any Regulations made thereunder, promotions in the Diplomatic Service shall be made in accordance with the Federal Law on Public Service.

(2) The entry level position in the Diplomatic Service shall be at the level of Attaché (Third Secretary)

Attaché (third secretary)
22. (1) Duties and responsibilities of the Attaché are exercised within the sphere of powers, duties and functions of the Department of Foreign Affairs as prescribed in Article 11, as well as any other relevant duties assigned to him by the Department of Foreign Affairs.

(2) To enter the Diplomatic Service, a candidate must have:

(i) a university degree and/or, graduate and post-graduate degrees, in a relevant field of study (for example, law, political science, international relations, and other relevant fields);
(ii) excellent knowledge of the Greek or Turkish languages.
(iii) working knowledge of English. Working knowledge of any other language will be considered an asset;
(iv) The passing of a special written and oral exam to be conducted by the Department of Foreign Affairs in accordance with the relevant regulations.

(3) A diplomatic officer may not simultaneously serve as a public servant of any constituent state.

Additional officers
23. (1) Apart from diplomatic officers, the Department of Foreign Affairs may employ, on a contractual basis for the required time, specialists in certain fields in an advisory capacity and employ translators/linguists.

(2) The Department of Foreign Affairs may request the constituent states to second any required public officers a case by case basis. Such seconded officers shall be accepted subject to the approval of the Department of Foreign Affairs and shall respect the proportional composition of the public service).

Missions
24. (1) The Heads of Mission of Cyprus to the United Nations in New York, the United Nations in Geneva, the European Union, Greece, Turkey, the United Kingdom, France, the United States, Russia and China shall hail in equal numbers from each constituent state. The Deputy Heads of these Missions shall hail from the other constituent state.

(2) When a change in the person appointed as Head of Mission leads, by virtue of subsection (1) above, to a decision to change the person appointed as Deputy Head of Mission, the transfer of the person appointed as Deputy Head of Mission shall take place within six months from the transfer of the person appointed as Head of Mission.

(3) Subsection (1) shall be fully implemented no later than three years after entry into force of the Foundation Agreement.

(4) The Head of Mission shall have overall management, direction and responsibility for the activities of the Mission. The Head of Mission shall be the personal representative of the Presidential Council to the Head of State of the receiving state.

(5) The Member of the Presidential Council responsible for Foreign Affairs shall determine the composition and organizational structure of Missions. The Presidential Council shall by decision determine the establishment, level and withdrawal of Missions without prejudice to sub- section (1).

(6) The legal status of Missions vis-à-vis the receiving State shall be governed by the provisions of the Vienna Convention on Diplomatic Relations, signed on 18 April 1961, and by the relevant laws of the receiving state.

(7) The Missions shall discharge their functions in accordance with international law and national laws and regulations.

Appointment and assignment of Heads of Missions
25. (1) The appointment and recall of Heads of Missions from amongst persons serving in the Diplomatic Service to offices in foreign countries, and the assignment of duties in foreign countries, as special envoys, to persons already serving in the Diplomatic Service, shall be made by the Presidential Council, upon a proposal by the member of the Presidential Council responsible for Foreign Affairs.

(2) The assignment of duties in foreign countries, as special envoys, to persons not serving in the Diplomatic Service, shall be made by the Presidential Council.

Members of the Mission
26.(1) The personnel of each Mission shall consist of the Head of the Mission and the members of the staff of the Mission. At least one third of the appointments to external relations posts shall hail from each constituent state.

(2) The members of the staff of the Mission are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the Mission.

(3) The staff of the Mission may comprise as personnel persons who are nationals or permanent residents of the receiving state (local staff), serving under special contract.

Appointment of representatives by the constituent states
27. The constituent states may appoint representatives on commercial and cultural matters, who shall be accredited as part of diplomatic missions of Cyprus, and shall be subject to the authority of the Chief of Mission. This option is further regulated in the Cooperation Agreement on External Relations.

Consultative Transfer Committee
28. (1) There shall be established a Consultative Transfer Committee, which will consist of the following members:
A Representative of the Minister of Foreign Affairs;
A Representative of the Minister of European Union Affairs; and
The three most senior diplomatic officers serving in Cyprus, though at least one must hail from each constituent state.

(2) The Consultative Transfer Committee shall have the responsibility for the determination of the transfers and postings of all eligible members of the Diplomatic Service to the Diplomatic and Consular Missions of Cyprus, subject to the approval of the Minister of Foreign Affairs, on the basis of objective criteria set out in Regulations made by the Presidential Council.

Consecutive terms
29 (1) No member of the Diplomatic Service shall serve for more than four years in any Mission. In exceptional cases for political, administrative or health reasons, the Presidential Council may extend the duration of service of a diplomatic officer in a certain Mission for not more than one year, upon a proposal by the Member of the Presidential Council responsible for Foreign Affairs, and the acceptance of the officer concerned.

(2) No member of the Diplomatic Service shall serve for more than nine consecutive years in the oversees service.

(3) Upon their return from a foreign relations post, foreign service personnel must serve at least two years at the Department of Foreign Affairs to be eligible for another posting.

Consecutive terms and List A and B
30. (1) No member of the Diplomatic Service shall serve for two consecutive terms in Missions appearing on List B, referred to in section 15.

(2) The provision referred to in subsection (1) does not apply to Heads of Mission.

Sufficient notice
31. Every effort should be made so that a sufficient notice be given to every member of the Diplomatic Service before a transfer or posting, taking also into consideration his personal circumstances.

Joint diplomatic or consular missions
32. Upon a proposal by the Minister of Foreign Affairs, the Presidential Council may conclude agreements with Member States of the European Union on the establishment of joint Missions.

Foreign Missions, Consulates Generals and Consulates
33. (1) The Ambassador represents the United Cyprus Republic in the country he has been accredited to. The Ambassador has the responsibility to protect and improve the rights and interests of the United Cyprus Republic and its citizens. He observes inter alia political, economic, commercial, cultural, social and technical developments and periodically reports these developments to the Department of Foreign Offairs. Upon the instructions given to him by the Department, the Ambassador is entitled to negotiate and sign any agreements.

(2) The Permanent Representative accredited to an international organization represents and protects the rights and interests of the United Cyprus Republic; observes and participates in the works and reports all the information on relevant matters to the Department of Foreign Affairs. Furthermore, upon the instructions of the Department of Foreign Affairs, the Permanent Representative is entitled to negotiate and sign any agreement.

(3) Within the framework of his duties, the Consul General/Consul protects the rights and interests of the citizens of the United Cyprus Republic and performs other relevant tasks and duties.

Opening and closing of foreign posts
34. The decision to open and close Embassies, High Commissions, Permanent Representations, Consulate Generals and/or Consulates will be made upon the recommendation of Member of the Presidential Council responsible for External Affairs and the approval of the Presidential Council.

International candidates
35. The Presidential Council shall suggest candidates or appoint members to international bodies. In so doing, the Presidential Council shall ensure there is an equitable balance of nominees hailing from each constituent state

Honorary Consuls
36. (1) The Honorary Consuls of Cyprus abroad shall represent the interests of, and assist, Cypriot citizens in their respective consular district, under the authority of the Ministry of Foreign Affairs and of the competent Mission and subject to the laws and regulations of the receiving state.

(2) The appointment and assignment of Honorary Consuls shall be made by the Presidential Council, upon a proposal by the Minister of Foreign Affairs.

(3) Their legal status vis-à-vis the receiving state shall be governed by the terms of the Vienna Convention on Consular Relations, signed on 24 April 1963, and by the relevant laws of the receiving state.

Regulations
37. (1) The Presidential Council shall make Regulations, to be published in the Gazette, for the better application of the provisions of this Law.

(2) The Regulations referred to in subsection (1) shall prescribe, inter alia, -
the organisational structure of the Central Service of the Ministry of Foreign Affairs;
The qualifications required for appointment, as well as the duties and functions of each grade in the Diplomatic Service;
the conditions of entry, appointment and promotion and particularly those relating to the conducting of competitive examinations or other tests, to the period of time an officer has to serve in an grade before being eligible for promotion to an immediately higher grade and the prerequisites to selective promotion;
the establishment and constitution of committees for the assessment of qualities of officers of the Diplomatic Service;
matters relating to the leave of members of the Diplomatic Service;
the consular tariff and the fees to be collected by consular authorities for services rendered by them.

Transitional provision
38. Initially the Diplomatic Service shall comprise the people acting as diplomatic officers who will hold the grades and the accompanying rights they enjoyed before the entry into force of the new state of affairs and shall also comprise grade vacancies.

Schedule

Ambassador
Minister Plenipotentiary
First Counsellor
Second Counsellor
First Secretary
Second Secretary
Attaché (Third Secretary)

UN bridging proposals

10. The United Cyprus Republic shall maintain special ties of friendship with Greece and Turkey, respecting the balance established by the Treaty of Guarantee and the Treaty of Alliance and the Foundation Agreement and Article 18(1) of the Constitution.
GC: delete section.
TC: include section, and add: “The constituent states may enter into international agreements with Greece and Turkey in commercial and cultural matters.”

14. The organizational structure and the functions of the Department of External Relations shall comprise:
(a) the Member of the Presidential Council responsible for External Relations
(b) a State Secretary
(c) a Permanent Secretary
(d) Assistant Secretaries, of which every third shall not hail from the same constituent state.
Note: the composition of the Department, as also set out in art. 15 and 16, is referred to the political leaders.

15. (1) A State Secretary for Foreign Affairs who shall be a senior diplomatic officer, shall be appointed by the Presidential Council upon a proposal by the Minister of Foreign Affairs.
TC: Under-Secretary.
Note: the composition of the Department, as further set out in art. 14 and 16, is referred to the political leaders.

26. (1) The personnel of each Mission shall consist of the Head of the Mission and the members of the staff of the Mission. At least one third of the appointments to external relations posts shall hail from each constituent state.
GC: “ (…) At least one third of the appointments to external relations posts shall hail from each constituent state, respecting the overall proportional representation of the public service.”
TC: “(…) At least one third of the appointments to external relations posts at every level shall hail from each constituent state.”

Further issues :
GC and TC: propose to political leaders to review the conflict on postings with Article 21 of the current Federal Law on the Conduct of European Union Affairs where the Presidential Council decides on postings of all officials, not just Heads of Mission, as is the case in this law in art. 25.

Note: Title of this Law has changed.