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Canon Law Considerations | B-3
should be established at the chancery of the receiv-
ing Church. This file should include the following:
• A document clearly stating the ecclesial need of
the receiving diocesan or eparchial bishop and
the qualifications of a potential international
candidate required to meet the need.
• A letter from the sending diocesan or eparchial
bishop or major superior stating the suitability,
probity of life, and competence of the potential
candidate. The diocesan or eparchial bishop or
major superior should state honestly and accu-
rately the specific qualifications of the candidate.
These qualifications include his language skills
and understanding of the “institutions, social
conditions, usages, and customs” of the receiving
Church (CIC
c. 257 §2). The sending diocesan
or eparchial bishop or major superior
should also
write his opinion of the moral, intellectual, physi-
cal, and psychological attributes of the candidate,
clearly identifying any limitations in these areas
(e.g., medical issues). Sample Letters of Suitability
may be found in the “Further Resources” section
at the end of the
Guidelines
.
• A document attesting to the cleric’s ordination
and incardination in the particular sending dio-
cese, eparchy, institute, or society.
• If the cleric previously served in another diocese or
eparchy, the receiving diocesan or eparchial bishop
should obtain from the diocesan or eparchial bishop
of that place a letter identifying the cleric’s assign-
ments and to whom he was responsible. The same
bishop should also attest in writing to the cleric’s
cooperation, collaboration, and competence during
his time of ministry in that diocese or eparchy.
• A letter from the receiving diocesan or eparchial
bishop communicating to the sending diocesan
or eparchial bishop or major superior the formal
acceptance of the candidate according to the
provisions of a written agreement.
Written Agreement on the Terms
of Service
The canons, supported by experience, call for a written
agreement between the proper ecclesiastical authorities
in which the details of the cleric’s service are spelled
out (CIC cc. 271 §1, 681 §2; CCEO
cc. 360 §1, 362
§1). Awritten agreement should include the following:
• An introductory statement that specifies the eccle-
sial need, the name of the cleric to meet the need,
and the general purpose of the written agreement.
• A determination of the initial duration of the
agreement and the possibility (or impossibility)
of a renewal of the agreement. A probation-
ary period can serve both the cleric and the
receiving Church. For example, the cleric can
be received for an initial period of six months.
After a satisfactory review, the agreement can be
renewed for another six-month period. If every-
thing continues to be satisfactory, the agreement
can be renewed for longer periods (e.g., one to
three year increments) with periodic reviews.
An agreement with fixed terms of duration
allows for an easier termination of service if the
envisioned goals are not met. Such an agreement
also emphasizes the temporary character of this
service away from one’s own diocese or eparchy
or when away from the obligations of common
life and apostolate in an institute or society. If
a cleric serves in the diocese or eparchy for five
years or longer, the norms governing incardina-
tion/ascription should be carefully considered
and observed (cf. CIC cc. 268 §1, 693; CCEO
cc. 360 §2, 494, §2, 549 §3; and the following
section on “Incardination/Ascription,” below).
• The agreement ought to express an understand-
ing of whether the international cleric will
receive a formal assignment from the receiving
diocesan or eparchial bishop or will simply be
granted faculties to serve in the diocese or epar-
chy. It should also address the question of the
cleric’s residence and remuneration, other mat-
ters pertaining to his canonical rights and obli-
gations as a member of the clergy (e.g., CIC cc.
276, 279, 283 §2; CCEO cc. 369, 372, 392), and
provide for an annual evaluation.
• Questions may arise concerning the interna-
tional minister’s financial obligations to the
sending diocese, eparchy, institute, or society.
These should be addressed by the sending dioce-
san or eparchial bishop or major superior and the
receiving diocesan or eparchial bishop when the
agreement is made. Norms for the vow of poverty
in accord with the proper law of an institute or
society, as well as the relevant civil and canon
law requirements, should always be observed
(e.g. the immigration status of the candidate, tax
exemption requirements, fund-raising restric-
tions, etc.). Whatever the arrangements, they
should be clearly stated in the agreement.
• Health care for the international cleric serving in
the receiving diocese or eparchy is appropriately