Updated: Sunday May 21, 2017/AlAhad
Sha'ban 25, 1438/Ravivara
Vaisakha 31, 1939, at 08:06:44 AM
1963
Done at
United
Nations, Treaty Series,
vo1. 596, p. 261
Copyright ©
United Nations
2005
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 Nations 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 safe keeping.
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
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 States 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 subparagraph (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 insofar 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 third State
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 third State
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 refused 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 intergovernmental 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 consular 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 receiving State of appointments,
arrivals and departures
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 receiving State
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 subparagraph (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 subparagraphs (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
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 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 be forwarded
by the said authorities without delay.
The said authorities shall inform the person concerned without delay of his
rights under this subparagraph;
(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 judgement. 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 receiving State
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 be 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 counterclaim 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, 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 subparagraph
(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
travelling 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 receiving State
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 the 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 requirements 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 subparagraph (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 l 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 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 receiving State
1. Except insofar 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
privileges 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 insofar 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 insofar 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
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