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Dear Vladimir Borisovich,
The First department of Asia of the Ministry for Foreign Affairs of Russia, in connection with your appeal addressed to the President of the Russian Federation, received on January 22 of this year, regarding the part concerning it, informs of the following:
The Khabarovsk branch of a department of the commercial counselor at the KPDR Embassy in the Russian Federation is a branch of the trade mission of the KPDR in the Russian Federation which legal status is adjusted by the Appendix to the Contract «On Trade and Navigation between the USSR and the KPDR» of June 22, of the year 1960.
Under Article 2 of the Appendix «The Trade mission is a part of the Embassy of the state KPDR». The trade mission represents the body of the state (the KPDR) and it acts on its behalf. Therefore, in accordance with the international legal principle of equality of rights of the states, the jurisdictional immunity applies to the trade mission, as a body of public authority of the sovereign state. The immunity is also applied to the advance ensuring of the claim and compulsory execution of the decision. The basis of the aforesaid immunities is the sovereignty which does not allow to apply any forced measures concerning the state.
The principle of jurisdictional immunity of a foreign state is consolidated in the Code of the Civil Procedure of the RSFSR. Article 435 of the Code of the Civil Procedure of the RSFSR says that «bringing an action against a foreign state, provision of the claim and collecting of the property of a foreign state positioned in the USSR may be allowed only with the consent of competent bodies of the given state». Thus, in case of your appeal to the court of the city where the trade mission of the KPDR is located and filing a lawsuit, it is obligatory to get the consent of the competent body of the KPDR.
DIRECTOR OF THE FIRST DEPARTMENT OF ASIA
E. Afanasyev
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