Updated: Friday May 18, 2018/AlJumaa
Ramadan 04, 1439/Sukravara
Vaisakha 28, 1940, at 03:16:23 PM
DONE AT
The States Parties to the present
Convention,
Recalling
that consular relations have been established between peoples since ancient times,
Having
in mind the Purposes and Principles of the Charter of the United Nation
concerning the sovereign equality of States, the maintenance of international
peace and security, and the promotion of friendly relations among nations,
Considering
that the United Nations Conference on Diplomatic Intercourse and Immunities
adopted the Vienna Convention on Diplomatic Relations which was opened for
signature on 18 April 1961,
Believing
that an international convention on consular relations, privileges and immunities
would also contribute to the development of friendly relations among nations,
irrespective of their differing constitutional and social systems,
Realizing
that the purpose of such privileges and immunities is not to benefit
individuals but to ensure the efficient performance of functions by consular
posts on behalf of their respective States,
Affirming
that the rules of customary international law continue to govern matters not
expressly regulated by the provisions of the present Convention,
Have
agreed as follows:
Article
1
DEFINITIONS
1.
For the purposes of the present Convention, the following expressions shall
have the meanings hereunder assigned to them:
(a)
“consular post” means any consulate-general, consulate, vice-consulate or
consular agency;
(b)
“consular district” means the area assigned to a consular post for the exercise
of consular functions;
(c)
“head of consular post” means the person charged with the duty of acting in
that capacity;
(d)
“consular officer” means any person, including the head of a consular post,
entrusted in that capacity with the exercise of consular functions;
(e)
“consular employee” means any person employed in the administrative or
technical service of a consular post;
(f)
“member of the service staff” means any person employed in the domestic service
of a consular post;
(g)
“members of the consular post” means consular officers, consular employees and
members of the service staff;
(h)
“members of the consular staff” means consular officers, other than the head of
a consular post, consular employees and members of the service staff;
(i)
“member of the private staff” means a person who is employed exclusively in the
private service of a member of the consular post;
(j)
“consular premises” means the buildings or parts of buildings and the land
ancillary thereto, irrespective of ownership, used exclusively for the purposes
of the consular post;
(k)
“consular archives” includes all the papers, documents, correspondence, books,
films, tapes and registers of the consular post, together with the ciphers and
codes, the card-indexes and any article of furniture intended for their
protection or safekeeping.
2.
Consular officers are of two categories, namely career consular officers and
honorary consular officers. The provisions of Chapter II of the present Convention
apply to consular posts headed by career consular officers; the provisions of
Chapter III govern consular posts headed by honorary consular officers.
3.
The particular status of members of the consular posts who are nationals or
permanent residents of the receiving State is governed by Article 71 of the
present Convention.
CHAPTER
I
CONSULAR
RELATIONS IN GENERAL
Section
I
ESTABLISHMENT
AND CONDUCT OF CONSULAR RELATIONS
Article
2
ESTABLISHMENT OF CONSULAR RELATIONS
1.
The establishment of consular relations between States takes place by mutual
consent.
2.
The consent given to the establishment of diplomatic relations between two
States implies, unless otherwise stated, consent to the establishment of
consular relations.
3.
The severance of diplomatic relations shall not ipso facto involve the severance
of consular relations.
Article
3
EXERCISE OF CONSULAR FUNCTIONS
Consular
functions are exercised by consular posts. They are also exercised by
diplomatic missions in accordance with the provisions of the present Convention.
Article
4
ESTABLISHMENT
OF A CONSULAR POST
1.
A consular post may be established in the territory of the receiving State only
with that State’s consent.
2.
The seat of the consular post, its classification and the consular district
shall be established by the sending State and shall be subject to the approval
of the receiving State.
3.
Subsequent changes in the seat of the consular post, its classification or the
consular district may be made by the sending State only with the consent of the
receiving State.
4.
The consent of the receiving State shall also be required if a consulate-general
or a consulate desires to open a vice-consulate or a consular agency in a
locality other than that in which it is itself established.
5.
The prior express consent of the receiving State shall also be required for the
opening of an office forming part of an existing consular post elsewhere than
at the seat thereof.
Article
5
CONSULAR FUNCTIONS
Consular
functions consist in:
(a)
protecting in the receiving State the interests of the sending State and of its
nationals, both individuals and bodies corporate, within the limits permitted
by international law;
(b)
furthering the development of commercial, economic, cultural and scientific
relations between the sending State and the receiving State and otherwise
promoting friendly relations between them in accordance with the provisions of
the present Convention;
(c)
ascertaining by all lawful means conditions and developments in the commercial,
economic, cultural and scientific life of the receiving State, reporting
thereon to the Government of the sending State and giving information to
persons interested;
(d)
issuing passports and travel documents to nationals of the sending State, and
visas or appropriate documents to persons wishing to travel to the sending
State;
(e)
helping and assisting nationals, both individuals and bodies corporate, of the
sending State;
(f)
acting as notary and civil registrar and in capacities of a similar kind, and
performing certain functions of an administrative nature, provided that there
is nothing contrary thereto in the laws and regulations of the receiving State;
(g)
safeguarding the interests of nationals, both individuals and bodies corporate,
of the sending State in cases of succession mortis causa in the territory of
the receiving State, in accordance with the laws and regulations of the
receiving State;
(h)
safeguarding, within the limits imposed by the laws and regulations of the
receiving State, the interests of minors and other persons lacking full
capacity who are nationals of the sending State, particularly where any
guardianship or trusteeship is required with respect to such persons;
(i)
subject to the practices and procedures obtaining in the receiving State,
representing or arranging appropriate representation for nationals of the
sending State before the tribunals and other authorities of the receiving
State, for the purpose of obtaining, in accordance with the laws and
regulations of the receiving State, provisional measures for the preservation
of the rights and interests of these nationals, where, because of absence or
any other reason, such nationals are unable at the proper time to assume the
defence of their rights and interests;
(j)
transmitting judicial and extrajudicial documents or executing letters rogatory
or commissions to take evidence for the courts of the sending State in
accordance with international agreements in force or, in the absence of such
international agreements, in any other manner compatible with the laws and
regulations of the receiving State;
(k)
exercising rights of supervision and inspection provided for in the laws and
regulations of the sending State in respect of vessels having the nationality
of the sending State, and of aircraft registered in that State, and in respect
of their crews;
(l)
extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of
this Article and to their crews, taking statements regarding the voyage of a
vessel, examining and stamping the ship’s papers, and,without prejudice to the
powers of the authorities of the receiving State, conducting investigations
into any incidents which occurred during the voyage, and settling disputes of
any kind between the master, the officers and the seamen in so far as this may
be authorized by the laws and regulations of the sending State;
(m)
performing any other functions entrusted to a consular post by the sending
State which are not prohibited by the laws and regulations of the receiving
State or to which no objection is taken by the receiving State or which are
referred to in the international agreements in force between the sending State
and the receiving State.
Article
6
EXERCISE
OF CONSULAR FUNCTIONS OUTSIDE THE CONSULAR DISTRICT
A
consular officer may, in special circumstances, with the consent of the receiving
State, exercise his functions outside his consular district.
Article
7
EXERCISE
OF CONSULAR FUNCTIONS IN A
The
sending State may, after notifying the States concerned, entrust a consular
post established in a particular State with the exercise of consular functions
in another State, unless there is express objection by one of the States
concerned.
Article
8
EXERCISE
OF CONSULAR FUNCTIONS ON BEHALF OF A
Upon
appropriate notification to the receiving State, a consular post of the sending
State may, unless the receiving State objects, exercise consular functions in
the receiving State on behalf of a third State.
Article
9
CLASSES
OF HEADS OF CONSULAR POSTS
1.
Heads of consular posts are divided into four classes, namely:
(a)
consuls-general;
(b)
consuls;
(c)
vice-consuls;
(d)
consular agents.
2.
Paragraph 1 of this Article in no way restricts the right of any of the Contracting
Parties to fix the designation of consular officers other than the heads of
consular posts.
Article
10
APPOINTMENT
AND ADMISSION OF HEADS OF CONSULAR POSTS
1.
Heads of consular posts are appointed by the sending State and are admitted to
the exercise of their functions by the receiving State.
2.
Subject to the provisions of the present Convention, the formalities for the
appointment and for the admission of the head of a consular post are determined
by the laws, regulations and usages of the sending State and of the receiving
State respectively.
Article
11
THE
CONSULAR COMMISSION OR NOTIFICATION OF APPOINTMENT
1.
The head of a consular post shall be provided by the sending State with a
document, in the form of a commission or similar instrument, made out for each
appointment, certifying his capacity and showing, as a general rule, his full
name, his category and class, the consular district and the seat of the
consular post.
2.
The sending State shall transmit the commission or similar instrument through
the diplomatic or other appropriate channel to the Government of the State in
whose territory the head of a consular post is to exercise his functions.
3.
If the receiving State agrees, the sending State may, instead of a commission
or similar instrument, send to the receiving State a notification containing
the particulars required by paragraph 1 of this Article.
Article
12
THE
EXEQUATUR
1.
The head of a consular post is admitted to the exercise of his functions by an
authorization from the receiving State termed an exequatur, whatever the form
of this authorization.
2.
A State which refuses to grant an exequatur is not obliged to give to the
sending State reasons for such refusal.
3.
Subject to the provisions of Articles 13 and 15, the head of a consular post
shall not enter upon his duties until he has received an exequatur.
Article
13
PROVISIONAL
ADMISSION OF HEADS OF CONSULAR POSTS
Pending
delivery of the exequatur, the head of a consular post may be admitted on a
provisional basis to the exercise of his functions. In that case, the
provisions of the present Convention shall apply.
Article
14
NOTIFICATION
TO THE AUTHORITIES OF THE CONSULAR DISTRICT
As
soon as the head of a consular post is admitted even provisionally to the
exercise of his functions, the receiving State shall immediately notify the
competent authorities of the consular district. It shall also ensure that the
necessary measures are taken to enable the head of a consular post to carry out
the duties of his office and to have the benefit of the provisions of the
present Convention.
Article
15
TEMPORARY
EXERCISE OF THE FUNCTIONS OF THE HEAD OF A CONSULAR POST
1.
If the head of a consular post is unable to carry out his functions or the
position of head of consular post is vacant, an acting head of post may act
provisionally as head of the consular post.
2.
The full name of the acting head of post shall be notified either by the diplomatic
mission of the sending State or, if that State has no such mission in the
receiving State, by the head of the consular post, or, if he is unable to do
so, by any competent authority of the sending State, to the Ministry for
Foreign Affairs of the receiving State or to the authority designated by that
Ministry. As a general rule, this notification shall be given in advance. The
receiving State may make the admission as acting head of post of a person who
is neither a diplomatic agent nor a consular officer of the sending State in
the receiving State conditional on its consent.
3.
The competent authorities of the receiving State shall afford assistance and
protection to the acting head of post. While he is in charge of the post, the
provisions of the present Convention shall apply to him on the same basis as to
the head of the consular post concerned. The receiving State shall not,
however, be obliged to grant to an acting head of post any facility, privilege
or immunity which the head of the consular post enjoys only subject to
conditions not fulfilled by the acting head of post.
4.
When, in the circumstances referred to in paragraph 1 of this Article, a member
of the diplomatic staff of the diplomatic mission of the sending State in the
receiving State is designated by the sending State as an acting head of post,
he shall, if the receiving State does not object thereto, continue to enjoy
diplomatic privileges and immunities.
Article
16
PRECEDENCE
AS BETWEEN HEADS OF CONSULAR POSTS
1.
Heads of consular posts shall rank in each class according to the date of the
grant of the exequatur.
2.
If, however, the head of a consular post before obtaining the exequatur is
admitted to the exercise of his functions provisionally, his precedence shall
be determined according to the date of the provisional admission; this
precedence shall be maintained after the granting of the exequatur.
3.
The order of precedence as between two or more heads of consular posts who
obtained the exequatur or provisional admission on the same date shall be
determined according to the dates on which their commissions or similar instruments
or the notifications referred to in paragraph 3 of Article 11 were presented to
the receiving State.
4.
Acting heads of posts shall rank after all heads of consular posts and, as
between themselves, they shall rank according to the dates on which they assumed
their functions as acting heads of posts as indicated in the notifications
given under paragraph 2 of Article 15.
5.
Honorary consular officers who are heads of consular posts shall rank in each
class after career heads of consular posts, in the order and according to the
rules laid down in the foregoing paragraphs.
6.
Heads of consular posts shall have precedence over consular officers not having
that status.
Article
17
PERFORMANCE
OF DIPLOMATIC ACTS BY CONSULAR OFFICERS
1.
In a State where the sending State has no diplomatic mission and is not represented
by a diplomatic mission of a third State, a consular officer may, with the
consent of the receiving State, and without affecting his consular status, be
authorized to perform diplomatic acts. The performance of such acts by a
consular officer shall not confer upon him any right to claim diplomatic
privileges and immunities.
2.
A consular officer may, after notification addressed to the receiving State,
act as representative of the sending State to any inter-governmental organization.
When so acting, he shall be entitled to enjoy any privileges and immunities
accorded to such a representative by customary international law or by
international agreements; however, in respect of the performance by him of any
consular function, he shall not be entitled to any greater immunity from
jurisdiction than that to which a consular officer is entitled under the
present Convention.
Article
18
APPOINTMENT
OF THE SAME PERSON BY TWO OR MORE STATES AS A CONSULAR OFFICER
Two
or more States may, with the consent of the receiving State, appoint the same
person as a consular officer in that State.
Article
19
APPOINTMENT
OF MEMBERS OF CONSULAR STAFF
1.
Subject to the provisions of Articles 20, 22 and 23, the sending State may
freely appoint the members of the consular staff.
2.
The full name, category and class of all consular officers, other than the head
of a consular post, shall be notified by the sending State to the receiving
State in sufficient time for the receiving State, if it so wishes, to exercise
its rights under paragraph 3 of Article 23.
3.
The sending State may, if required by its laws and regulations, request the
receiving State to grant an exequatur to a consular officer other than the head
of a consular post.
4.
The receiving State may, if required by its laws and regulations, grant an
exequatur to a consular officer other than the head of a consular post.
Article
20
SIZE
OF THE CONSULAR STAFF
In
the absence of an express agreement as to the size of the consular staff, the
receiving State may require that the size of the staff be kept within limits
considered by it to be reasonable and normal, having regard to circumstances
and conditions in the consular district and to the needs of the particular
post.
Article
21
PRECEDENCE
AS BETWEEN CONSULAR OFFICERS OF A CONSULAR POST
The
order of precedence as between the consular officers of a consular post and any
change thereof shall be notified by the diplomatic mission of the sending State
or, if that State has no such mission in the receiving State, by the head of
the consular post, to the Ministry for Foreign Affairs of the receiving State
or to the authority designated by that Ministry.
Article
22
NATIONALITY
OF CONSULAR OFFICERS
1.
Consular officers should, in principle, have the nationality of the sending State.
2.
Consular officers may not be appointed from among persons having the nationality
of the receiving State except with the express consent of that State which may
be withdrawn at any time.
3.
The receiving State may reserve the same right with regard to nationals of a
third State who are not also nationals of the sending State.
Article
23
PERSONS
DECLARED “NON GRATA”
1.
The receiving State may at any time notify the sending State that a consular
officer is persona non grata or that any other member of the consular staff is
not acceptable. In that event, the sending State shall, as the case may be,
either recall the person concerned or terminate his functions with the consular
post.
2.
If the sending State refuses or fails within a reasonable time to carry out its
obligations under paragraph 1 of this Article, the receiving State may, as the
case may be, either withdraw the exequatur from the person concerned or cease
to consider him as a member of the consular staff.
3.
A person appointed as a member of a consular post may be declared unacceptable
before arriving in the territory of the receiving State or, if already in the
receiving State, before entering on his duties with the consular post. In any
such case, the sending State shall withdraw his appointment.
4.
In the cases mentioned in paragraphs 1 and 3 of this Article, the receiving
State is not obliged to give to the sending State reasons for its decision.
Article
24
NOTIFICATION
TO THE
1.
The Ministry for Foreign Affairs of the receiving State or the authority designated
by that Ministry shall be notified of:
(a)
the appointment of members of a consular post, their arrival after appointment
to the consular post, their final departure or the termination of their
functions and any other changes affecting their status that may occur in the
course of their service with the consular post;
(b)
the arrival and final departure of a person belonging to the family of a member
of a consular post forming part of his household and, where appropriate, the
fact that a person becomes or ceases to be such a member of the family;
(c)
the arrival and final departure of members of the private staff and, where
appropriate, the termination of their service as such;
(d)
the engagement and discharge of persons resident in the receiving State as
members of a consular post or as members of the private staff entitled to
privileges and immunities.
2.
When possible, prior notification of arrival and final departure shall also be
given.
Section
II
END
OF CONSULAR FUNCTIONS
Article
25
TERMINATION
OF THE FUNCTIONS OF A MEMBER OF A CONSULAR POST
The
functions of a member of a consular post shall come to an end inter alia:
(a)
on notification by the sending State to the receiving State that his functions
have come to an end;
(b)
on withdrawal of the exequatur;
(c)
on notification by the receiving State to the sending State that the receiving
State has ceased to consider him as a member of the consular staff.
Article
26
DEPARTURE
FROM THE TERRITORY OF THE
The
receiving State shall, even in case of armed conflict, grant to members of the
consular post and members of the private staff, other than nationals of the
receiving State, and to members of their families forming part of their
households irrespective of nationality, the necessary time and facilities to
enable them to prepare their departure and to leave at the earliest possible
moment after the termination of the functions of the members concerned. In
particular, it shall, in case of need, place at their disposal the necessary
means of transport for themselves and their property other than property
acquired in the receiving State the export of which is prohibited at the time
of departure.
Article
27
PROTECTION
OF CONSULAR PREMISES AND ARCHIVES AND OF THE INTERESTS OF THE SENDING STATE IN
EXCEPTIONAL CIRCUMSTANCES
1.
In the event of the severance of consular relations between two States:
(a)
the receiving State shall, even in case of armed conflict, respect and protect
the consular premises, together with the property of the consular post and the
consular archives;
(b)
the sending State may entrust the custody of the consular premises, together
with the property contained therein and the consular archives, to a third State
acceptable to the receiving State;
(c)
the sending State may entrust the protection of its interests and those of its
nationals to a third State acceptable to the receiving State.
2.
In the event of the temporary or permanent closure of a consular post, the
provisions of sub-paragraph (a) of paragraph 1 of this Article shall apply. In
addition,
(a)
if the sending State, although not represented in the receiving State by a
diplomatic mission, has another consular post in the territory of that State,
that consular post may be entrusted with the custody of the premises of the
consular post which has been closed, together with the property contained
therein and the consular archives, and, with the consent of the receiving
State, with the exercise of consular functions in the district of that consular
post; or
(b)
if the sending State has no diplomatic mission and no other consular post in
the receiving State, the provisions of sub-paragraphs (b) and (c) of paragraph
1 of this Article shall apply.
CHAPTER
II
FACILITIES,
PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS AND
OTHER MEMBERS OF A CONSULAR POST
Section
I
FACILITIES,
PRIVILEGES AND IMMUNITIES RELATING TO A CONSULAR POST
Article
28
FACILITIES
FOR THE WORK OF THE CONSULAR POST
The
receiving State shall accord full facilities for the performance of the functions
of the consular post.
Article
29
USE
OF NATIONAL FLAG AND COAT-OF-ARMS
1.
The sending State shall have the right to the use of its national flag and
coat-of-arms in the receiving State in accordance with the provisions of this
Article.
2.
The national flag of the sending State may be flown and its coat-of-arms displayed
on the building occupied by the consular post and at the entrance door thereof,
on the residence of the head of the consular post and on his means of transport
when used on official business.
3.
In the exercise of the right accorded by this Article regard shall be had to
the laws, regulations and usages of the receiving State.
Article
30
ACCOMMODATION
1.
The receiving State shall either facilitate the acquisition on its territory,
in accordance with its laws and regulations, by the sending State of premises
necessary for its consular post or assist the latter in obtaining accommodation
in some other way.
2.
It shall also, where necessary, assist the consular post in obtaining suitable
accommodation for its members.
Article
31
INVIOLABILITY
OF THE CONSULAR PREMISES
1.
Consular premises shall be inviolable to the extent provided in this Article.
2.
The authorities of the receiving State shall not enter that part of the consular
premises which is used exclusively for the purpose of the work of the consular
post except with the consent of the head of the consular post or of his
designee or of the head of the diplomatic mission of the sending State. The
consent of the head of the consular post may, however, be assumed in case of
fire or other disaster requiring prompt protective action.
3.
Subject to the provisions of paragraph 2 of this Article, the receiving State
is under a special duty to take all appropriate steps to protect the consular
premises against any intrusion or damage and to prevent any disturbance of the
peace of the consular post or impairment of its dignity.
4.
The consular premises, their furnishings, the property of the consular post and
its means of transport shall be immune from any form of requisition for
purposes of national defence or public utility. If expropriation is necessary
for such purposes, all possible steps shall be taken to avoid impeding the
performance of consular functions, and prompt, adequate and effective
compensation shall be paid to the sending State.
Article
32
EXEMPTION
FROM TAXATION OF CONSULAR PREMISES
1.
Consular premises and the residence of the career head of consular post of
which the sending State or any person acting on its behalf is the owner or
lessee shall be exempt from all national, regional or municipal dues and taxes
whatsoever, other than such as represent payment for specific services
rendered.
2.
The exemption from taxation referred to in paragraph 1 of this Article shall
not apply to such dues and taxes if, under the law of the receiving State, they
are payable by the person who contracted with the sending State or with the
person acting on its behalf.
Article
33
INVIOLABILITY
OF THE CONSULAR ARCHIVES AND DOCUMENTS
The
consular archives and documents shall be inviolable at all times and wherever
they may be.
Article
34
FREEDOM
OF MOVEMENT
Subject
to its laws and regulations concerning zones entry into which is prohibited or
regulated for reasons of national security, the receiving State shall ensure
freedom of movement and travel in its territory to all members of the consular
post.
Article
35
FREEDOM
OF COMMUNICATION
1.
The receiving State shall permit and protect freedom of communication on the
part of the consular post for all official purposes. In communicating with the
Government, the diplomatic missions and other consular posts, wherever
situated, of the sending State, the consular post may employ all appropriate
means, including diplomatic or consular couriers, diplomatic or consular bags
and messages in code or cipher. However, the consular post may install and use
a wireless transmitter only with the consent of the receiving State.
2.
The official correspondence of the consular post shall be inviolable. Official
correspondence means all correspondence relating to the consular post and its
functions.
3.
The consular bag shall be neither opened nor detained. Nevertheless, if the
competent authorities of the receiving State have serious reason to believe
that the bag contains something other than the correspondence, documents or
articles referred to in paragraph 4 of this Article, they may request that the
bag be opened in their presence by an authorized representative of the sending
State. If this request is refused by the authorities of the sending State, the
bag shall be returned to its place of origin.
4.
The packages constituting the consular bag shall bear visible external marks of
their character and may contain only official correspondence and documents or
articles intended exclusively for official use.
5.
The consular courier shall be provided with an official document indicating his
status and the number of packages constituting the consular bag. Except with
the consent of the receiving State he shall be neither a national of the
receiving State, nor, unless he is a national of the sending State, a permanent
resident of the receiving State. In the performance of his functions he shall
be protected by the receiving State. He shall enjoy personal inviolability and
shall not be liable to any form of arrest or detention.
6.
The sending State, its diplomatic missions and its consular posts may designate
consular couriers ad hoc. In such cases the provisions of paragraph 5 of this
Article shall also apply except that the immunities therein mentioned shall
cease to apply when such a courier has delivered to the consignee the consular
bag in his charge.
7.
A consular bag may be entrusted to the captain of a ship or of a commercial
aircraft scheduled to land at an authorized port of entry. He shall be provided
with an official document indicating the number of packages constituting the
bag, but he shall not be considered to be a consular courier. By arrangement
with the appropriate local authorities, the consular post may send one of its
members to take possession of the bag directly and freely from the captain of
the ship or of the aircraft.
Article
36
COMMUNICATION
AND CONTACT WITH NATIONALS OF THE SENDING STATE
1.
With a view to facilitating the exercise of consular functions relating to
nationals of the sending State:
(a)
consular officers shall be free to communicate with nationals of the sending
State and to have access to them. Nationals of the sending State shall have the
same freedom with respect to communication with and access to consular officers
of the sending State; (b) if he so requests, the competent authorities of the
receiving State shall, without delay, inform the consular post of the sending
State
if, within its consular district, a national of that State is arrested or
committed to prison or to custody pending trial or is detained in any other
manner. Any communication addressed to the consular post by the person
arrested, in prison, custody or detention shall also be forwarded by the said
authorities without delay. The said authorities shall inform the person
concerned without delay of
his rights under this sub-paragraph;
(c)
consular officers shall have the right to visit a national of the sending State
who is in prison, custody or detention, to converse and correspond with him and
to arrange for his legal representation. They shall also have the right to
visit any national of the sending State who is in prison, custody or detention
in their district in pursuance of a judgment. Nevertheless, consular officers
shall refrain from taking action on behalf of a national who is in prison,
custody or detention if he expressly opposes such action.
2.
The rights referred to in paragraph 1 of this Article shall be exercised in
conformity with the laws and regulations of the receiving State, subject to the
proviso, however, that the said laws and regulations must enable full effect to
be given to the purposes for which the rights accorded under this Article are
intended.
Article
37
INFORMATION
IN CASES OF DEATHS, GUARDIANSHIP OR TRUSTEESHIP, WRECKS AND AIR ACCIDENTS
If
the relevant information is available to the competent authorities of the
receiving State, such authorities shall have the duty:
(a)
in the case of the death of a national of the sending State, to inform without
delay the consular post in whose district the death occurred;
(b)
to inform the competent consular post without delay of any case where the
appointment of a guardian or trustee appears to be in the interests of a minor
or other person lacking full capacity who is a national of the sending State.
The giving of this information shall, however, be without prejudice to the
operation of the laws and regulations of the receiving State concerning such
appointments;
(c)
if a vessel, having the nationality of the sending State, is wrecked or runs
aground in the territorial sea or internal waters of the receiving State, or if
an aircraft registered in the sending State suffers an accident on the
territory of the receiving State, to inform without delay the consular post
nearest to the scene of the occurrence.
Article
38
COMMUNICATION
WITH THE AUTHORITIES OF THE
In
the exercise of their functions, consular officers may address:
(a)
the competent local authorities of their consular district;
(b)
the competent central authorities of the receiving State if and to the extent
that this is allowed by the laws, regulations and usages of the receiving State
or by the relevant international agreements.
Article
39
CONSULAR
FEES AND CHARGES
1.
The consular post may levy in the territory of the receiving State the fees and
charges provided by the laws and regulations of the sending State for consular
acts.
2.
The sums collected in the form of the fees and charges referred to in paragraph
1 of this Article, and the receipts for such fees and charges, shall be exempt
from all dues and taxes in the receiving State.
Section
II
FACILITIES,
PRIVILEGES AND IMMUNITIES RELATING TO CAREER CONSULAR OFFICERS AND OTHER
MEMBERS OF A CONSULAR POST
Article
40
PROTECTION
OF CONSULAR OFFICERS
The
receiving State shall treat consular officers with due respect and shall take
all appropriate steps to prevent any attack on their person, freedom or
dignity.
Article
41
PERSONAL
INVIOLABILITY OF CONSULAR OFFICERS
1.
Consular officers shall not be liable to arrest or detention pending trial,
except in the case of a grave crime and pursuant to a decision by the competent
judicial authority.
2.
Except in the case specified in paragraph 1 of this Article, consular officers
shall not be committed to prison or liable to any other form of restriction on
their personal freedom save in execution of a judicial decision of final
effect.
3.
If criminal proceedings are instituted against a consular officer, he must
appear before the competent authorities. Nevertheless, the proceedings shall be
conducted with the respect due to him by reason of his official position and,
except in the case specified in paragraph 1 of this Article, in a manner which
will hamper the exercise of consular functions as little as possible. When, in
the circumstances mentioned in paragraph 1 of this Article, it has become
necessary to detain a consular officer, the proceedings against him shall be
instituted with the minimum of delay.
Article
42
NOTIFICATION
OF ARREST, DETENTION OR PROSECUTION
In
the event of the arrest or detention, pending trial, of a member of the consular
staff, or of criminal proceedings being instituted against him, the receiving
State shall promptly notify the head of the consular post. Should the latter be
himself the object of any such measure, the receiving State shall notify the
sending State through the diplomatic channel.
Article
43
IMMUNITY
FROM JURISDICTION
1.
Consular officers and consular employees shall not be amenable to the jurisdiction
of the judicial or administrative authorities of the receiving State in respect
of acts performed in the exercise of consular functions.
2.
The provisions of paragraph 1 of this Article shall not, however, apply in
respect of a civil action either:
(a)
arising out of a contract concluded by a consular officer or a consular
employee in which he did not contract expressly or impliedly as an agent of the
sending State; or
(b)
by a third party for damage arising from an accident in the receiving State
caused by a vehicle, vessel or aircraft.
Article
44
LIABILITY
TO GIVE EVIDENCE
1.
Members of a consular post may be called upon to attend as witnesses in the
course of judicial or administrative proceedings. A consular employee or a
member of the service staff shall not, except in the cases mentioned in
paragraph 3 of this Article, decline to give evidence. If a consular officer
should decline to do so, no coercive measure or penalty may be applied to him.
2.
The authority requiring the evidence of a consular officer shall avoid interference
with the performance of his functions. It may, when possible, take such
evidence at his residence or at the consular post or accept a statement from
him in writing.
3.
Members of a consular post are under no obligation to give evidence concerning
matters connected with the exercise of their functions or to produce official
correspondence and documents relating thereto. They are also entitled to
decline to give evidence as expert witnesses with regard to the law of the
sending State.
Article
45
WAIVER
OF PRIVILEGES AND IMMUNITIES
1.
The sending State may waive, with regard to a member of the consular post, any
of the privileges and immunities provided for in Articles 41, 43 and 44.
2.
The waiver shall in all cases be express, except as provided in paragraph 3 of
this Article, and shall be communicated to the receiving State in writing.
3.
The initiation of proceedings by a consular officer or a consular employee in a
matter where he might enjoy immunity from jurisdiction under Article 43 shall
preclude him from invoking immunity from jurisdiction in respect of any
counter-claim directly connected with the principal claim.
4.
The waiver of immunity from jurisdiction for the purposes of civil or administrative
proceedings shall not be deemed to imply the waiver of immunity from the
measures of execution resulting from the judicial decision in respect of such
measures, a separate waiver shall be necessary.
Article
46
EXEMPTION
FROM REGISTRATION OF ALIENS AND RESIDENCE PERMITS
1.
Consular officers and consular employees and members of their families forming
part of their households shall be exempt from all obligations under the laws
and regulations of the receiving State in regard to the registration of aliens
and residence permits.
2.
The provisions of paragraph 1 of this Article shall not, however, apply to any
consular employee who is not a permanent employee of the sending State or who
carries on any private gainful occupation in the receiving State or to any
member of the family of any such employee.
Article
47
EXEMPTION
FROM WORK PERMITS
1.
Members of the consular post shall, with respect to services rendered for the
sending State, be exempt from any obligations in regard to work permits imposed
by the laws and regulations of the receiving State concerning the employment of
foreign labour.
2.
Members of the private staff of consular officers and of consular employees
shall, if they do not carry on any other gainful occupation in the receiving
State, be exempt from the obligations referred to in paragraph 1 of this
Article.
Article
48
SOCIAL
SECURITY EXEMPTION
1.
Subject to the provisions of paragraph 3 of this Article, members of the consular
post with respect to services rendered by them for the sending State, and
members of their families forming part of their households, shall be exempt
from social security provisions which may be in force in the receiving State.
2.
The exemption provided for in paragraph 1 of this Article shall apply also to
members of the private staff who are in the sole employ of members of the
consular post, on condition:
(a)
that they are not nationals of or permanently resident in the receiving State;
and
(b)
that they are covered by the social security provisions which are in force in
the sending State or a third State.
3.
Members of the consular post who employ persons to whom the exemption provided
for in paragraph 2 of this Article does not apply shall observe the obligations
which the social security provisions of the receiving State impose upon
employers.
4.
The exemption provided for in paragraphs 1 and 2 of this Article shall not
preclude voluntary participation in the social security system of the receiving
State, provided that such participation is permitted by that State.
Article
49
EXEMPTION
FROM TAXATION
1.
Consular officers and consular employees and members of their families forming
part of their households shall be exempt from all dues and taxes, in personal
or real, national, regional or municipal, except:
(a)
indirect taxes of a kind which are normally incorporated in the price of goods
or services;
(b)
dues or taxes on private immovable property situated in the territory of the
receiving State, subject to the provisions of Article 32;
(c)
estate, succession or inheritance duties, and duties on transfers, levied by
the receiving State, subject to the provisions of paragraph (b) of Article 51;
(d)
dues and taxes on private income, including capital gains, having its source in
the receiving State and capital taxes relating to investments made in
commercial or financial undertakings in the receiving State;
(e)
charges levied for specific services rendered;
(f)
registration, court or record fees, mortgage dues and stamp duties, subject to
the provisions of Article 32.
2.
Members of the service staff shall be exempt from dues and taxes on the wages
which they receive for their services.
3.
Members of the consular post who employ persons whose wages or salaries are not
exempt from income tax in the receiving State shall observe the obligations
which the laws and regulations of that State impose upon employers concerning
the levying of income tax.
Article
50
EXEMPTION
FROM CUSTOMS DUTIES AND INSPECTION
1.
The receiving State shall, in accordance with such laws and regulations as it
may adopt, permit entry of and grant exemption from all customs duties, taxes,
and related charges other than charges for storage, cartage and similar
services, on:
(a)
articles for the official use of the consular post;
(b)
articles for the personal use of a consular officer or members of his family
forming part of his household, including articles intended for his
establishment. The articles intended for consumption shall not exceed the
quantities necessary for direct utilization by the persons concerned.
2.
Consular employees shall enjoy the privileges and exemptions specified in
paragraph 1 of this Article in respect of articles imported at the time of
first installation.
3.
Personal baggage accompanying consular officers and members of their families
forming part of their households shall be exempt from inspection. It may be
inspected only if there is serious reason to believe that it contains articles
other than those referred to in sub-paragraph (b) of paragraph 1 of this
Article, or articles the import or export of which is prohibited by the laws
and regulations of the receiving State or which are subject to its quarantine
laws and regulations. Such inspection shall be carried out in the presence of
the consular officer or member of his family concerned.
Article
51
ESTATE
OF A MEMBER OF THE CONSULAR POST OR OF A MEMBER OF HIS FAMILY
In
the event of the death of a member of the consular post or of a member of his
family forming part of his household, the receiving State:
(a)
shall permit the export of the movable property of the deceased, with the
exception of any such property acquired in the receiving State the export of
which was prohibited at the time of his death;
(b)
shall not levy national, regional or municipal estate, succession or inheritance
duties, and duties on transfers, on movable property the presence of which in
the receiving State was due solely to the presence in that State of the
deceased as a member of the consular post or as a member of the family of a member
of the consular post.
Article
52
EXEMPTION
FROM PERSONAL SERVICES AND CONTRIBUTIONS
The
receiving State shall exempt members of the consular post and members of their
families forming part of their households from all personal services, from all
public service of any kind whatsoever, and from military obligations such as
those connected with requisitioning, military contributions and billeting.
Article
53
BEGINNING
AND END OF CONSULAR PRIVILEGES AND IMMUNITIES
1.
Every member of the consular post shall enjoy the privileges and immunities
provided in the present Convention from the moment he enters the territory of
the receiving State on proceeding to take up his post or, if already in its
territory, from the moment when he enters on his duties with the consular post.
2.
Members of the family of a member of the consular post forming part of his
household and members of his private staff shall receive the privileges and
immunities provided in the present Convention from the date from which he
enjoys privileges and immunities in accordance with paragraph 1 of this Article
or from the date of their entry into the territory of the receiving State or
from the date of their becoming a member of such family or private staff,
whichever is the latest.
3.
When the functions of a member of the consular post have come to an end, his
privileges and immunities and those of a member of his family forming part of
his household or a member of his private staff shall normally cease at the
moment when the person concerned leaves the receiving State or on the expiry of
a reasonable period in which to do so, whichever is the sooner, but shall
subsist until that time, even in case of armed conflict.
In
the case of the persons referred to in paragraph 2 of this Article,
their privileges and immunities shall come to an end when they cease to
belong to the household or to be in the service of a member of the consular
post provided, however, that if such persons intend leaving the receiving
State within a reasonable period thereafter, their privileges and
immunities shall subsist until the time of their departure.
4.
However, with respect to acts performed by a consular officer or a consular
employee in the exercise of his functions, immunity from jurisdiction shall
continue to subsist without limitation of time.
5.
In the event of the death of a member of the consular post, the members of his
family forming part of his household shall continue to enjoy the privileges and
immunities accorded to them until they leave the receiving State or until the
expiry of a reasonable period enabling them to do so, whichever is the sooner.
Article
54
OBLIGATIONS
OF THIRD STATES
1.
If a consular officer passes through or is in the territory of a third State,
which has granted him a visa if a visa was necessary, while proceeding to take
up or return to his post or when returning to the sending State, the third
State shall accord to him all immunities provided for by the other Articles of
the present Convention as may be required to ensure his transit or return. The
same shall apply in the case of any member of his family forming part of his
household enjoying such privileges and immunities who are accompanying the
consular officer or traveling separately to join him or to return to the
sending State.
2.
In circumstances similar to those specified in paragraph 1 of this Article,
third States shall not hinder the transit through their territory of other
members of the consular post or of members of their families forming part of
their households.
3.
Third States shall accord to official correspondence and to other official
communications in transit, including messages in code or cipher, the same
freedom and protection as the receiving State is bound to accord under the
present Convention. They shall accord to consular couriers who have been
granted a visa, if a visa was necessary, and to consular bags in transit, the
same inviolability and protection as the receiving State is bound to accord
under the present Convention.
4.
The obligations of third States under paragraphs 1, 2 and 3 of this Article
shall also apply to the persons mentioned respectively in those paragraphs, and
to official communications and to consular bags, whose presence in the
territory of the third State is due to force majeure.
Article
55
RESPECT
FOR THE LAWS AND REGULATIONS OF THE
1.
Without prejudice to their privileges and immunities, it is the duty of all
persons enjoying such privileges and immunities to respect the laws and regulations
of the receiving State. They also have a duty not to interfere in the internal
affairs of that State.
2.
The consular premises shall not be used in any manner incompatible with the
exercise of consular functions.
3.
The provisions of paragraph 2 of this Article shall not exclude the possibility
of offices of other institutions or agencies being installed in part of the
building in which the consular premises are situated, provided that the
premises assigned to them are separate from those used by the consular post. In
that event, the said offices shall not, for the purposes of the present
Convention, be considered to form part of the consular premises.
Article
56
INSURANCE
AGAINST THIRD PARTY RISKS
Members
of the consular post shall comply with any requirement imposed by the laws and
regulations of the receiving State in respect of insurance against third party
risks arising from the use of any vehicle, vessel or aircraft.
Article
57
SPECIAL
PROVISIONS CONCERNING PRIVATE GAINFUL OCCUPATION
1.
Career consular officers shall not carry on for personal profit any professional
or commercial activity in the receiving State.
2.
Privileges and immunities provided in this Chapter shall not be accorded:
(a)
to consular employees or to members of the service staff who carry on any
private gainful occupation in the receiving State;
(b)
to members of the family of a person referred to in sub-paragraph (a) of this
paragraph or to members of his private staff;
(c)
to members of the family of a member of a consular post who themselves carry on
any private gainful occupation in the receiving State.
CHAPTER III
REGIME
RELATING TO HONORARY CONSULAR OFFICERS AND CONSULAR POSTS HEADED BY SUCH
OFFICERS
Article
58
GENERAL
PROVISIONS RELATING TO FACILITIES, PRIVILEGES AND IMMUNITIES
1.
Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of Article 54 and
paragraphs 2 and 3 of Article 55 shall apply to consular posts headed by an
honorary consular officer. In addition, the facilities, privileges and
immunities of such consular posts shall be governed by Articles 59, 60, 61 and
62.
2.
Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph
1 of Article 55 shall apply to honorary consular officers. In addition, the
facilities, privileges and immunities of such consular officers shall be governed
by Articles 63, 64, 65, 66 and 67.
3.
Privileges and immunities provided in the present Convention shall not be
accorded to members of the family of an honorary consular officer or of a
consular employee employed at a consular post headed by an honorary consular
officer.
4.
The exchange of consular bags between two consular posts headed by honorary
consular officers in different States shall not be allowed without the consent
of the two receiving States concerned.
Article
59
PROTECTION
OF THE CONSULAR PREMISES
The
receiving State shall take such steps as may be necessary to protect the
consular premises of a consular post headed by an honorary consular officer
against any intrusion or damage and to prevent any disturbance of the peace of
the consular post or impairment of its dignity.
Article
60
EXEMPTION
FROM TAXATION OF CONSULAR PREMISES
1.
Consular premises of a consular post headed by an honorary consular officer of
which the sending State is the owner or lessee shall be exempt from all
national, regional or municipal dues and taxes whatsoever, other than such as
represent payment for specific services rendered.
2.
The exemption from taxation referred to in paragraph 1 of this Article shall
not apply to such dues and taxes if, under the laws and regulations of the
receiving State, they are payable by the person who contracted with the sending
State.
Article
61
INVIOLABILITY
OF CONSULAR ARCHIVES AND DOCUMENTS
The
consular archives and documents of a consular post headed by an honorary
y consular officer shall be inviolable at all times and wherever they may be,
provided that they are kept separate from other papers and documents and, in
particular, from the private correspondence of the head of a consular post and
of any person working with him, and from the materials, books or documents
relating to their profession or trade.
Article
62
EXEMPTION
FROM CUSTOMS DUTIES
The
receiving State shall, in accordance with such laws and regulations as it may
adopt, permit entry of, and grant exemption from all customs duties, taxes, and
related charges other than charges for storage, cartage and similar services on
the following articles, provided that they are for the official use of a
consular post headed by an honorary consular officer: coats-of-arms, flags, signboards,
seals and stamps, books, official printed matter, office furniture, office
equipment and similar articles supplied by or at the instance of the sending
State to the consular post.
Article
63
CRIMINAL
PROCEEDINGS
If
criminal proceedings are instituted against an honorary consular officer , he
must appear before the competent authorities. Nevertheless, the proceedings
shall be conducted with the respect due to him by reason of his official
position and, except when he is under arrest or detention, in a manner which
will hamper the exercise of consular functions as little as possible. When it
has become necessary to detain an honorary consular officer, the proceedings
against him shall be instituted with the minimum of delay.
Article
64
PROTECTION
OF HONORARY CONSULAR OFFICERS
The
receiving State is under a duty to accord to an honorary consular officer such
protection as may be required by reason of his official position.
Article
65
EXEMPTION
FROM REGISTRATION OF ALIENS AND RESIDENCE PERMITS
Honorary
consular officers, with the exception of those who carry on for personal profit
any professional or commercial activity in the receiving State, shall be exempt
from all obligations under the laws and regulations of the receiving State in
regard to the registration of aliens and residence permits.
Article
66
EXEMPTION
FROM TAXATION
An
honorary consular officer shall be exempt from all dues and taxes on the remuneration
and emoluments which he receives from the sending State in respect of the
exercise of consular functions.
Article
67
EXEMPTION
FROM PERSONAL SERVICES AND CONTRIBUTIONS
The
receiving State shall exempt honorary consular officers from all personal
services and from all public services of any kind whatsoever and from military
obligations such as those connected with requisitioning, military contributions
and billeting.
Article
68
OPTIONAL
CHARACTER OF THE INSTITUTION OF HONORARY CONSULAR OFFICERS
Each
State is free to decide whether it will appoint or receive honorary consular
officers.
CHAPTER
IV
GENERAL
PROVISIONS
Article
69
CONSULAR
AGENTS WHO ARE NOT HEADS OF CONSULAR POSTS
1.
Each State is free to decide whether it will establish or admit consular agencies
conducted by consular agents not designated as heads of consular post by the
sending State.
2.
The conditions under which the consular agencies referred to in paragraph 1 of
this Article may carry on their activities and the privileges and immunities
which may be enjoyed by the consular agents in charge of them shall be
determined by agreement between the sending State and the receiving State.
Article
70
EXERCISE
OF CONSULAR FUNCTIONS BY DIPLOMATIC MISSIONS
1.
The provisions of the present Convention apply also, so far as the context
permits, to the exercise of consular functions by a diplomatic mission.
2.
The names of members of a diplomatic mission assigned to the consular section
or otherwise charged with the exercise of the consular functions of the mission
shall be notified to the Ministry for Foreign Affairs of the receiving State or
to the authority designated by that Ministry.
3.
In the exercise of consular functions a diplomatic mission may address:
(a)
the local authorities of the consular district;
(b)
the central authorities of the receiving State if this is allowed by the laws,
regulations and usages of the receiving State or by relevant international
agreements.
4.
The privileges and immunities of the members of a diplomatic mission referred
to in paragraph 2 of this Article shall continue to be governed by the rules of
international law concerning diplomatic relations.
Article
71
NATIONALS
OR PERMANENT RESIDENTS OF THE
1.
Except in so far as additional facilities, privileges and immunities may be
granted by the receiving State, consular officers who are nationals of or
permanently resident in the receiving State shall enjoy only immunity from
jurisdiction and personal inviolability in respect of official acts performed
in the exercise of their functions, and the privilege provided in paragraph 3
of Article 44. So far as these consular officers are concerned, the receiving
State shall likewise be bound by the obligation laid down in Article 42. If
criminal proceedings are instituted against such a consular officer, the
proceedings shall, except when he is under arrest or detention, be conducted in
a manner which will hamper the exercise of consular functions as little as
possible.
2.
Other members of the consular post who are nationals of or permanently resident
in the receiving State and members of their families, as well as members of the
families of consular officers referred to in paragraph 1 of this Article, shall
enjoy facilities, privileges and immunities only in so far as these are granted
to them by the receiving State. Those members of the families of members of the
consular post and those members of the private staff who are themselves
nationals of or permanently resident in the receiving State shall likewise
enjoy facilities, privileges and immunities only in so far as these are granted
to them by the receiving State. The receiving State shall, however, exercise
its jurisdiction over those persons in such a way as not to hinder unduly the
performance of the functions of the consular post.
Article
72
NON-DISCRIMINATION
1.
In the application of the provisions of the present Convention the receiving
State shall not discriminate as between States.
2.
However, discrimination shall not be regarded as taking place:
(a)
where the receiving State applies any of the provisions of the present
Convention restrictively because of a restrictive application of that provision
to its consular posts in the sending State;
(b)
where by custom or agreement States extend to each other more favourable
treatment than is required by the provisions of the present Convention.
Article
73
RELATIONSHIP
BETWEEN THE PRESENT CONVENTION AND OTHER INTERNATIONAL AGREEMENTS
1.
The provisions of the present Convention shall not affect other international
agreements in force as between States parties to them.
2.
Nothing in the present Convention shall preclude States from concluding international
agreements confirming or supplementing or extending or amplifying the
provisions thereof.
CHAPTER
V
FINAL
PROVISIONS
Article
74
SIGNATURE
The
present Convention shall be open for signature by all States Members of the
United Nations or of any of the specialized agencies or Parties to the Statute
of the International Court of Justice, and by any other State invited by the
General Assembly of the United Nations to become a Party to the Convention, as
follows until 31 October 1963 at the Federal Ministry for Foreign Affairs of
the Republic of Austria and subsequently, until 31 March 1964, at the United
Nations Headquarters in New York.
Article
75
RATIFICATION
The
present Convention is subject to ratification. The instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article
76
ACCESSION
The
present Convention shall remain open for accession by any State belonging to
any of the four categories mentioned in Article 74. The instruments of
accession shall be deposited with the Secretary-General of the United Nations.
Article
77
ENTRY
INTO FORCE
1.
The present Convention shall enter into force on the thirtieth day following
the date of deposit of the twenty-second instrument of ratification or
accession with the Secretary-General of the United Nations.
2.
For each State ratifying or acceding to the Convention after the deposit of the
twenty-second instrument of ratification or accession, the Convention shall
enter into force on the thirtieth day after deposit by such State of its
instrument of ratification or accession.
Article
78
NOTIFICATIONS
BY THE SECRETARY-GENERAL
The
Secretary-General of the United Nations shall inform all States belonging to
any of the four categories mentioned in Article 74:
(a)
of signatures to the present Convention and of the deposit of instruments of
ratification or accession, in accordance with Articles 74, 75 and 76;
(b)
of the date on which the present Convention will enter into force, in accordance
with Article 77.
Article
79
AUTHENTIC
TEXTS
The
original of the present Convention, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations, who shall send certified copies
thereof to all States belonging to any of the four categories mentioned in
Article 74.
IN
WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto
by their respective Governments, have signed the present Convention.
DONE
at
OPTIONAL PROTOCOL TO THE
The
States Parties to the present Protocol and to the Vienna Convention on Consular
Relations, hereinafter referred to as “the Convention”, adopted by the United
Nations Conference held at
Expressing
their wish to establish rules between them concerning acquisition of
nationality by members of the consular post and by members of their families
forming part of their households,
Have
agreed as follows:
Article
I
For
the purposes of the present Protocol, the expression “members of the consular
post” shall have the meaning assigned to it in sub-paragraph (g) of paragraph 1
of Article 1 of the Convention, namely, “consular officers, consular employees
and members of the service staff”.
Article
II
Members
of the consular post not being nationals of the receiving State, and members of
their families forming part of their households, shall not, solely by the
operation of the law of the receiving State, acquire the nationality of that
State.
Article
III
The
present Protocol shall be open for signature by all States which may become
Parties to the Convention, as follows: until 31 October 1963 at the Federal
Ministry for Foreign Affairs of the
Article
IV
The
present Protocol is subject to ratification. The instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article
V
The
present Protocol shall remain open for accession by all States which may become
Parties to the Convention. The instruments of accession shall be deposited with
the Secretary-General of the United Nations.
Article
VI
1.
The present Protocol shall enter into force on the same day as the Convention
or on the thirtieth day following the date of deposit of the second instrument
of ratification of or accession to the Protocol with the Secretary-General of
the United Nations, whichever date is the later.
2.
For each State ratifying or acceding to the present Protocol after its entry
into force in accordance with paragraph 1 of this Article, the Protocol shall
enter into force on the thirtieth day after deposit by such State of its
instrument of ratification or accession.
Article
VII
The
Secretary-General of the United Nations shall inform all States which may
become Parties to the Convention:
(a)
of signatures to the present Protocol and of the deposit of instruments of
ratification or accession, in accordance with Articles III, IV and V;
(b)
of the date on which the present Protocol will enter into force, in accordance
with Article VI.
Article
VIII
The
original of the present Protocol, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations, who shall send certified copies
thereof to all States referred to in Article III.
IN
WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto
by their respective Governments, have signed the present Protocol.
DONE
at
OPTIONAL
PROTOCOL TO THE
The
States Parties to the present Protocol and to the Vienna Convention on Consular
Relations, hereinafter referred to as “the Convention”, adopted by the United
Nations Conference held at
Expressing
their wish to resort in all matters concerning them in respect of any dispute
arising out of the interpretation or application of the Convention to the
compulsory jurisdiction of the International Court of Justice, unless some
other form of settlement has been agreed upon by the parties within a
reasonable period,
Have
agreed as follows:
Article
I
Disputes
arising out of the interpretation or application of the Convention shall lie
within the compulsory jurisdiction of the International Court of Justice and
may accordingly be brought before the Court by an application made by any party
to the dispute being a Party to the present Protocol.
Article
II
The
parties may agree, within a period of two months after one party has notified
its opinion to the other that a dispute exists, to resort not to the
International Court of Justice but to an arbitral tribunal. After the expiry of
the said period, either party may bring the dispute before the Court by an
application.
Article
III
1.
Within the same period of two months, the parties may agree to adopt a conciliation
procedure before resorting to the International Court of Justice.
2.
The conciliation commission shall make its recommendations within five months
after its appointment. If its recommendations are not accepted by the parties
to the dispute within two months after they have been delivered, either party
may bring the dispute before the Court by an application.
Article
IV
States
Parties to the Convention, to the Optional Protocol concerning Acquisition of
Nationality, and to the present Protocol may at any time declare that they will
extend the provisions of the present Protocol to disputes arising out of the
interpretation or application of the Optional Protocol concerning Acquisition
of Nationality. Such declarations shall be notified to the Secretary-General of
the United Nations.
Article
V
The
present Protocol shall be open for signature by all States which may become
Parties to the Convention as follows: until 31 October 1963 at the Federal
Ministry for Foreign Affairs of the
Article
VI
The
present Protocol is subject to ratification. The instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article
VII
The
present Protocol shall remain open for accession by all States which may become
Parties to the Convention. The instruments of accession shall be deposited with
the Secretary-General of the United Nations.
Article
VIII
1.
The present Protocol shall enter into force on the same day as the Convention
or on the thirtieth day following the date of deposit of the second instrument
of ratification or accession to the Protocol with the Secretary-General of the
United Nations, whichever date is the later.
2.
For each State ratifying or acceding to the present Protocol after its entry
into force in accordance with paragraph 1 of this Article, the Protocol shall
enter into force on the thirtieth day after deposit by such State of its
instrument of ratification or accession.
Article
IX
The
Secretary-General of the United Nations shall inform all States which may
become Parties to the Convention:
(a)
of signatures to the present Protocol and of the deposit of instruments of
ratification or accession, in accordance with Articles V, VI and VII;
(b)
of declarations made in accordance with Article IV of the present Protocol;
(c)
of the date on which the present Protocol will enter into force, in accordance
with Article VIII.
Article
X
The
original of the present Protocol, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations, who shall send certified copies
thereof to all States referred to in Article V.
IN
WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto
by their respective Governments, have signed the present Protocol.
DONE
at
Vienna Convention on
Diplomatic Relations and Optional Protocol
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