Updated: Wednesday April 27, 2011/AlArbia’a
Jamada El Oula 24, 1432/Budhavara
Vaisakha 07, 1933, at 09:55:09 PM
DONE
AT
The
States Parties to the present Convention, Recalling that peoples of all nations
from ancient times have recognized the status of diplomatic agents,
Having
in mind the purposes and principles of the Charter of the United Nations
concerning the sovereign equality of States, the maintenance of international
peace and security, and the promotion of friendly relations among nations,
Believing
that an international convention on diplomatic intercourse, privileges and
immunities would 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 the functions of
diplomatic missions as representing States,
Affirming
that the rules of customary international law should continue to govern
questions not expressly regulated by the provisions of the present Convention,
Have
agreed as follows:
Article
I
For
the purpose of the present Convention, the following expressions shall have the
meanings hereunder assigned to them:
(a)
the “head of the mission” is the person charged by the sending State with the
duty of acting in that capacity;
(b)
the “members of the mission” are the head of the mission and the members of the
staff of the mission;
(c)
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;
(d)
the “members of the diplomatic staff” are the members of the staff of the
mission having diplomatic rank;
(e)
a “diplomatic agent” is the head of the mission or a member of the diplomatic
staff of the mission;
(f)
the “members of the administrative and technical staff” are the members of the
staff of the mission employed in the administrative and technical service of
the mission;
(g)
the “members of the service staff” are the members of the staff of the mission
in the domestic service of the mission;
(h)
a “private servant” is a person who is in the domestic service of a member of
the mission and who is not an employee of the sending State;
(i)
the “premises of the mission” are the buildings or parts of buildings and the
land ancillary thereto, irrespective of ownership, used for the purposes of the
mission including the residence of the head of the mission.
Article
2
The
establishment of diplomatic relations between States, and of permanent diplomatic
missions, takes place by mutual consent.
Article
3
1.
The functions of a diplomatic mission consist inter alia in:
(a)
representing the sending State in the receiving State;
(b)
protecting in the receiving State the interests of the sending State and of its
nationals, within the limits permitted by international law;
(c)
negotiating with the Government of the receiving State;
(d)
ascertaining by all lawful means conditions and developments in the receiving
State, and reporting thereon to the Government of the sending State;
(e)
promoting friendly relations between the sending State and the receiving State,
and developing their economic, cultural and scientific relations.
2.
Nothing in the present Convention shall be construed as preventing the performance
of consular functions by a diplomatic mission.
Article
4
1.
The sending State must make certain that the agreement of the receiving State
has been given for the person it proposes to accredit as head of the mission to
that State.
2.
The receiving State is not obliged to give reasons to the sending State for a
refusal of agreement.
Article
5
1.
The sending State may, after it has given due notification to the receiving
States concerned, accredit a head of mission or assign any member of the
diplomatic staff, as the case may be, to more than one State, unless there is
express objection by any of the receiving States.
2.
If the sending State accredits a head of mission to one or more other States it
may establish a diplomatic mission headed by a charge d’affaires ad interim in
each State where the head of mission has not his permanent seat.
3.
A head of mission or any member of the diplomatic staff of the mission may act
as representative of the sending State to any international organization.
Article
6
Two
or more States may accredit the same person as head of mission to another
State, unless objection is offered by the receiving State.
Article
7
Subject
to the provisions of Articles 5, 8, 9 and 11, the sending State may freely
appoint the members of the staff of the mission. In the case of military, naval
or air attaches, the receiving State may require their names to be submitted
beforehand, for its approval.
Article
8
1.
Members of the diplomatic staff of the mission should in principle be of the
nationality of the sending State.
2.
Members of the diplomatic staff of the mission may not be appointed from among
persons having the nationality of the receiving State, except with the 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
9
1.
The receiving State may at any time and without having to explain its decision,
notify the sending State that the head of the mission or any member of the
diplomatic staff of the mission is persona non grata or that any other member
of the staff of the mission is not acceptable. In any such case, the sending State
shall, as appropriate, either recall the person concerned or terminate his
functions with the mission. A person may be declared non grata or not
acceptable before arriving in the territory of the receiving State.
2.
If the sending State refuses or fails within a reasonable period to carry out
its obligations under paragraph 1 of this Article, the receiving State may
refuse to recognize the person concerned as a member of the mission.
Article
10
1.
The Ministry for Foreign Affairs of the receiving State, or such other ministry
as may be agreed, shall be notified of:
(a)
the appointment of members of the mission, their arrival and their final
departure or the termination of their functions with the mission;
(b)
the arrival and final departure of a person belonging to the family of a member
of the mission and, where appropriate, the fact that a person becomes or ceases
to be a member of the family of a member of the mission;
(c)
the arrival and final departure of private servants in the employ of persons referred
to in sub-paragraph (a) of this paragraph and, where appropriate, the fact that
they are leaving the employ of such persons;
(d)
the engagement and discharge of persons resident in the receiving State as
members of the mission or private servants entitled to privileges and
immunities.
2.
Where possible, prior notification of arrival and final departure shall also be
given.
Article
11
1.
In the absence of specific agreement as to the size of the mission, the receiving
State may require that the size of a mission be kept within limits considered
by it to be reasonable and normal, having regard to circumstances and
conditions in the receiving State and to the needs of the particular mission.
2.
The receiving State may equally, within similar bounds and on a nondiscriminatory
basis, refuse to accept officials of a particular category.
Article
12
The
sending State may not, without the prior express consent of the receiving
State, establish offices forming part of the mission in localities other than
those in which the mission itself is established.
Article
13
1.
The head of the mission is considered as having taken up his functions in the
receiving State either when he has presented his credentials or when he has
notified his arrival and a true copy of his credentials has been presented to
the Ministry for Foreign Affairs of the receiving State, or such other ministry
as may be agreed, in accordance with the practice prevailing in the receiving
State which shall be applied in a uniform manner.
2.
The order of presentation of credentials or of a true copy thereof will be
determined by the date and time of the arrival of the head of the mission.
Article
14
1.
Heads of mission are divided into three classes, namely:
(a)
that of ambassadors or nuncios accredited to Heads of State, and other heads of
mission of equivalent rank;
(b)
that of envoys, ministers and internuncios accredited to Heads of State;
(c)
that of charges d’affaires accredited to Ministers for Foreign Affairs.
2.
Except as concerns precedence and etiquette, there shall be no differentiation
between heads of mission by reason of their class.
Article
15
The
class to which the heads of their missions are to be assigned shall be agreed
between States.
Article
16
1.
Heads of mission shall take precedence in their respective classes in the order
of the date and time of taking up their functions in accordance with Article
13.
2.
Alterations in the credentials of a head of mission not involving any change of
class shall not affect his precedence.
3.
This article is without prejudice to any practice accepted by the receiving
State regarding the precedence of the representative of the Holy See.
Article
17
The
precedence of the members of the diplomatic staff of the mission shall be
notified by the head of the mission to the Ministry for Foreign Affairs or such
other ministry as may be agreed.
Article
18
The
procedure to be observed in each State for the reception of heads of mission
shall be uniform in respect of each class.
Article
19
1.
If the post of head of the mission is vacant, or if the head of the mission is
unable to perform his functions, a charge d’affaires ad interim shall act
provisionally as head of the mission. The name of the charge d’affaires ad
interim shall be notified, either by the head of the mission or, in case he is
unable to do so, by the Ministry for Foreign Affairs of the sending State to
the Ministry for Foreign Affairs of the receiving State or such other ministry
as may be agreed.
2.
In cases where no member of the diplomatic staff of the mission is present in
the receiving State, a member of the administrative and technical staff may,
with the consent of the receiving State, be designated by the sending State to
be in charge of the current administrative affairs of the mission.
Article
20
The
mission and its head shall have the right to use the flag and emblem of the
sending State on the premises of the mission, including the residence of the
head of the mission, and on his means of transport.
Article
21
1.
The receiving State shall either facilitate the acquisition on its territory,
in accordance with its laws, by the sending State of premises necessary for its
mission or assist the latter in obtaining accommodation in some other way.
2.
It shall also, where necessary, assist missions in obtaining suitable accommodation
for their members.
Article
22
1.
The premises of the mission shall be inviolable. The agents of the receiving
State may not enter them, except with the consent of the head of the mission.
2.
The receiving State is under a special duty to take all appropriate steps to
protect the premises of the mission against any intrusion or damage and to
prevent any disturbance of the peace of the mission or impairment of its
dignity.
3.
The premises of the mission, their furnishings and other property thereon and
the means of transport of the mission shall be immune from search, requisition,
attachment or execution.
Article
23
1.
The sending State and the head of the mission shall be exempt from all national,
regional or municipal dues and taxes in respect of the premises of the mission,
whether owned or leased, other than such as represent payment for specific
services rendered.
2.
The exemption from taxation referred to in this Article shall not apply to such
dues and taxes payable under the law of the receiving State by persons
contracting with the sending State or the head of the mission.
Article
24
The
archives and documents of the mission shall be inviolable at any time and
wherever they may be.
Article
25
The
receiving State shall accord full facilities for the performance of the functions
of the mission.
Article
26
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 to
all members of the mission freedom of movement and travel in its territory.
Article
27
1.
The receiving State shall permit and protect free communication on the part of
the mission for all official purposes. In communicating with the Government and
the other missions and consulates of the sending State, wherever situated, the
mission may employ all appropriate means, including diplomatic couriers and
messages in code or cipher. However, the mission may install and use a wireless
transmitter only with the consent of the receiving State.
2.
The official correspondence of the mission shall be inviolable. Official correspondence
means all correspondence relating to the mission and its functions.
3.
The diplomatic bag shall not be opened or detained.
4.
The packages constituting the diplomatic bag must bear visible external marks
of their character and may contain only diplomatic documents or articles
intended for official use.
5.
The diplomatic courier, who shall be provided with an official document indicating
his status and the number of packages constituting the diplomatic bag, shall be
protected by the receiving State in the performance of his functions. He shall
enjoy personal inviolability and shall not be liable to any form of arrest or
detention.
6.
The sending State or the mission may designate diplomatic couriers Applicant/Defendant
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 diplomatic bag in his charge.
7.
A diplomatic bag may be entrusted to the captain 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 diplomatic courier. The mission may send one of
its members to take possession of the diplomatic bag directly and freely from
the captain of the aircraft.
Article
28
The
fees and charges levied by the mission in the course of its official duties
shall be exempt from all dues and taxes.
Article
29
The
person of a diplomatic agent shall be inviolable. He shall not be liable to any
form of arrest or detention. The receiving State shall treat him with due
respect and shall take all appropriate steps to prevent any attack on his
person, freedom or dignity.
Article
30
1.
The private residence of a diplomatic agent shall enjoy the same inviolability
and protection as the premises of the mission.
2.
His papers, correspondence and, except as provided in paragraph 3 of Article
31, his property, shall likewise enjoy inviolability
Article
31
1.
A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the
receiving State. He shall also enjoy immunity from its civil and administrative
jurisdiction, except in the case of:
(a)
a real action relating to private immovable property situated in the territory
of the receiving State, unless he holds it on behalf of the sending State for
the purposes of the mission;
(b)
an action relating to succession in which the diplomatic agent is involved as
executor, administrator, heir or legatee as a private person and not on behalf
of the sending State;
(c)
an action relating to any professional or commercial activity exercised by the
diplomatic agent in the receiving State outside his official functions.
2.
A diplomatic agent is not obliged to give evidence as a witness.
3.
No measures of execution may be taken in respect of a diplomatic agent except
in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of
this Article, and provided that the measures concerned can be taken without
infringing the inviolability of his person or of his residence.
4.
The immunity of a diplomatic agent from the jurisdiction of the receiving State
does not exempt him from the jurisdiction of the sending State.
Article
32
1.
The immunity from jurisdiction of diplomatic agents and of persons enjoying
immunity under Article 37 may be waived by the sending State.
2.
Waiver must always be express.
3.
The initiation of proceedings by a diplomatic agent or by a person enjoying
immunity from jurisdiction under Article 37 shall preclude him from invoking
immunity from jurisdiction in respect of any counter-claim directly connected
with the principal claim.
4.
Waiver of immunity from jurisdiction in respect of civil or administrative
proceedings shall not be held to imply waiver of immunity in respect of the
execution of the judgment, for which a separate waiver shall be necessary.
Article
33
1.
Subject to the provisions of paragraph 3 of this Article, a diplomatic agent
shall with respect to services rendered for the sending State 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 also apply to
private servants who are in the sole employ of a diplomatic agent, 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 may be in force
in the sending State or a third State.
3.
A diplomatic agent who employs 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.
5.
The provisions of this Article shall not affect bilateral or multilateral
agreements concerning social security concluded previously and shall not
prevent the conclusion of such agreements in the future.
Article
34
A
diplomatic agent shall be exempt from all dues and taxes, 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 and taxes on private immovable property situated in the territory of the
receiving State, unless he holds it on behalf of the sending State for the
purposes of the mission;
(c)
estate, succession or inheritance duties levied by the receiving State, subject
to the provisions of paragraph 4 of Article 39;
(d)
dues and taxes on private income having its source in the receiving State and
capital taxes on investments made in commercial undertakings in the receiving
State;
(e)
charges levied for specific services rendered;
(f)
registration, court or record fees, mortgage dues and stamp duty, with respect
to immovable property, subject to the provisions of Article 23.
Article
35
The
receiving State shall exempt diplomatic agents 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
36
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 mission;
(b)
articles for the personal use of a diplomatic agent or members of his
family forming part of his household, including articles intended for his
establishment.
2.
The personal baggage of a diplomatic agent shall be exempt from inspection,
unless there are serious grounds for presuming that it contains articles not covered
by the exemptions mentioned in paragraph 1 of this Article, or articles the
import or export of which is prohibited by the law or controlled by the
quarantine regulations of the receiving State. Such inspection shall be
conducted only in the presence of the diplomatic agent or of his authorized
representative.
Article
37
1.
The members of the family of a diplomatic agent forming part of his household
shall, if they are not nationals of the receiving State, enjoy the privileges
and immunities specified in Articles 29 to 36.
2.
Members of the administrative and technical staff of the mission, together with
members of their families forming part of their respective households, shall,
if they are not nationals of or permanently resident in the receiving State,
enjoy the privileges and immunities specified in Articles 29 to 35, except that
the immunity from civil and administrative jurisdiction of the receiving State
specified in paragraph 1 of Article 31 shall not extend to acts performed
outside the course of their duties. They shall also enjoy the privileges
specified in Article 36, paragraph 1, in respect of articles imported at the
time of first installation.
3.
Members of the service staff of the mission who are not nationals of or permanently
resident in the receiving State shall enjoy immunity in respect of acts
performed in the course of their duties, exemption from dues and taxes on the
emoluments they receive by reason of their employment and the exemption
contained in Article 33.
4.
Private servants of members of the mission shall, if they are not nationals of
or permanently resident in the receiving State, be exempt from dues and taxes
on the emoluments they receive by reason of their employment. In other
respects, they may enjoy privileges and immunities only to the extent admitted
by the receiving State. However, the receiving State must exercise its
jurisdiction over those persons in such a manner as not to interfere unduly
with the performance of the functions of the mission.
Article
38
1.
Except insofar as additional privileges and immunities may be granted by the
receiving State, a diplomatic agent who is a national of or permanently resident
in that State shall enjoy only immunity from jurisdiction, and inviolability,
in respect of official acts performed in the exercise of his functions.
2.
Other members of the staff of the mission and private servants who are nationals
of or permanently resident in the receiving State shall enjoy privileges and
immunities only to the extent admitted by the receiving State. However, the
receiving State must exercise its jurisdiction over those persons in such a
manner as not to interfere unduly with the performance of the functions of the
mission.
Article
39
1.
Every person entitled to privileges and immunities shall enjoy them 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 his appointment
is notified to the Ministry for Foreign Affairs or such other ministry as may
be agreed.
2.
When the functions of a person enjoying privileges and immunities have come to
an end, such privileges and immunities shall normally cease at the moment when
he leaves the country, or on expiry of a reasonable period in which to do so,
but shall subsist until that time, even in case of armed conflict. However,
with respect to acts performed by such a person in the exercise of his
functions as a member of the mission, immunity shall continue to subsist.
3.
In case of the death of a member of the mission, the members of his family
shall continue to enjoy the privileges and immunities to which they are
entitled until the expiry of a reasonable period in which to leave the country.
4.
In the event of the death of a member of the mission not a national of or
permanently resident in the receiving State or a member of his family forming
part of his household, the receiving State shall permit the withdrawal of the
movable property of the deceased, with the exception of any property acquired
in the country the export of which was prohibited at the time of his death.
Estate, succession and inheritance duties shall not be levied on movable
property the presence of which in the receiving State was due solely to the
presence there of the deceased as a member of the mission or as a member of the
family of a member of the mission.
Article
40
1.
If a diplomatic agent passes through or is in the territory of a third State,
which has granted him a passport visa if such visa was necessary, while
proceeding to take up or to return to his post, or when returning to his own
country, the third State shall accord him inviolability and such other
immunities as may be required to ensure his transit or return. The same shall
apply in the case of any members of his family enjoying privileges or
immunities who are accompanying the diplomatic agent, or travelling separately
to join him or to return to their country.
2.
In circumstances similar to those specified in paragraph 1 of this Article,
third States shall not hinder the passage of members of the administrative and
technical or service staff of a mission, and of members of their families,
through their territories.
3.
Third States shall accord to official correspondence and other official communications
in transit, including messages in code or cipher, the same freedom and
protection as is accorded by the receiving State. They shall accord to
diplomatic couriers, who have been granted a passport visa if such visa was
necessary, and diplomatic bags in transit the same inviolability and protection
as the receiving State is bound to accord.
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 diplomatic bags, whose presence in the territory
of the third State is due to force majeure.
Article
41
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.
All official business with the receiving State entrusted to the mission by the
sending State shall be conducted with or through the Ministry for Foreign
Affairs of the receiving State or such other ministry as may be agreed.
3.
The premises of the mission must not be used in any manner incompatible with
the functions of the mission as laid down in the present Convention or by other
rules of general international law or by any special agreements in force
between the sending and the receiving State.
Article
42
A
diplomatic agent shall not in the receiving State practise for personal profit
any professional or commercial activity.
Article
43
The
function of a diplomatic agent comes to an end, inter alia:
(a)
on notification by the sending State to the receiving State that the function
of the diplomatic agent has come to an end;
(b)
on notification by the receiving State to the sending State that, in accordance
with paragraph 2 of Article 9, it refuses to recognize the diplomatic agent as
a member of the mission.
Article
44
The
receiving State must, even in case of armed conflict, grant facilities in order
to enable persons enjoying privileges and immunities, other than nationals of
the receiving State, and members of the families of such persons irrespective
of their nationality, to leave at the earliest possible moment. It must, in
particular, in case of need, place at their disposal the necessary means of
transport for themselves and their property.
Article
45
If
diplomatic relations are broken off between two States, or if a mission is
permanently or temporarily recalled:
(a)
the receiving State must, even in case of armed conflict, respect and protect
the premises of the mission, together with its property and archives;
(b)
the sending State may entrust the custody of the premises of the mission,
together with its property and 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.
Article
46
A
sending State may with the prior consent of a receiving State, and at the request
of a third State not represented in the receiving State, undertake the
temporary protection of the interests of the third State and of its nationals.
Article
47
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 mission 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
48
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 1961 at the Federal Ministry for Foreign Affairs of Austria and
subsequently, until 31 March 1962, at the United Nations Headquarters in
Article
49
The
present Convention is subject to ratification. The instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article
50
The
present Convention shall remain open for accession by any State belonging to
any of the four categories mentioned in Article 48. The instruments of
accession shall be deposited with the Secretary-General of the United Nations.
Article
51
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
52
The
Secretary-General of the United Nations shall inform all States belonging to
any of the four categories mentioned in Article 48:
(a)
of signatures to the present Convention and of the deposit of instruments of ratification
or accession, in accordance with Articles 48, 49 and 50;
(b)
of the date on which the present Convention will enter into force, in accordance
with Article 51.
Article
53
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 48.
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 Diplomatic
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 the members of their diplomatic missions and of the families
forming part of the household of those members, have agreed as follows:
Article
I
For
the purpose of the present Protocol, the expression “members of the mission”
shall have the meaning assigned to it in Article 1, sub-paragraph (b), of the
Convention, namely “the head of the mission and the members of the staff of the
mission”.
Article
II
Members
of the mission not being nationals of the receiving State, and members of their
families forming part of their household, 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 1961 at the Federal
Ministry for Foreign Affairs of Austria and subsequently, until 31 March 1962,
at the United Nations Headquarters in
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 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 Diplomatic
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, l 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 1961 at the Federal
Ministry for Foreign Affairs of Austria and subsequently, until 31 March 1962,
at the United Nations Headquarters in
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 day 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 Consular Relations and Optional Protocol
Go to Index | LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home