{"id":3534,"date":"2019-06-07T00:46:04","date_gmt":"2019-06-07T00:46:04","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=3534"},"modified":"2019-06-07T00:46:04","modified_gmt":"2019-06-07T00:46:04","slug":"vienna-convention-on-diplomatic-relations","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=3534","title":{"rendered":"Vienna Convention on Diplomatic Relations"},"content":{"rendered":"<p>The States Parties to the present Convention,<br \/>\n<em><strong>Recalling<\/strong> <\/em>that peoples of all nations from ancient times have recognized the status of diplomatic<br \/>\nagents,<br \/>\n<em><strong>Having<\/strong> <\/em>in mind the purposes and principles of the Charter of the United Nations concerning the<br \/>\nsovereign equality of States, the maintenance of international peace and security, and the promotion of<br \/>\nfriendly relations among nations,<!--more--><br \/>\n<em><strong>Believing<\/strong> <\/em>that an international convention on diplomatic intercourse, privileges and immunities<br \/>\nwould contribute to the development of friendly relations among nations, irrespective of their differing<br \/>\nconstitutional and social systems,<br \/>\n<em><strong>Realizing<\/strong> <\/em>that the purpose of such privileges and immunities is not to benefit individuals but to<br \/>\nensure the efficient performance of the functions of diplomatic missions as representing States,<br \/>\n<em><strong>Affirming<\/strong> <\/em>that the rules of customary international law should continue to govern questions not<br \/>\nexpressly regulated by the provisions of the present Convention,<br \/>\nHave agreed as follows:<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 1<\/strong><\/em><\/span><br \/>\nFor the purpose of the present Convention, the following expressions shall have the meanings<br \/>\nhereunder assigned to them:<br \/>\n(a) The \u201chead of the mission\u201d is the person charged by the sending State with the duty of acting in<br \/>\nthat capacity;<br \/>\n(b) The \u201cmembers of the mission\u201d are the head of the mission and the members of the staff of the<br \/>\nmission;<br \/>\n(c) The \u201cmembers of the staff of the mission\u201d are the members of the diplomatic staff, of the<br \/>\nadministrative and technical staff and of the service staff of the mission;<br \/>\n(d) The \u201cmembers of the diplomatic staff\u201d are the members of the staff of the mission having<br \/>\ndiplomatic rank;<br \/>\n(e) A \u201cdiplomatic agent\u201d is the head of the mission or a member of the diplomatic staff of the<br \/>\nmission;<br \/>\n(f) The \u201cmembers of the administrative and technical staff\u201d are the members of the staff of the<br \/>\nmission employed in the administrative and technical service of the mission;<br \/>\n(g) The \u201cmembers of the service staff\u201d are the members of the staff of the mission in the domestic<br \/>\nservice of the mission;<br \/>\n(h) A \u201cprivate servant\u201d is a person who is in the domestic service of a member of the mission and<br \/>\nwho is not an employee of the sending State;<br \/>\n(i) The \u201cpremises of the mission\u201d are the buildings or parts of buildings and the land ancillary<br \/>\nthereto, irrespective of ownership, used for the purposes of the mission including the residence of the<br \/>\nhead of the mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 2<\/strong><\/em><\/span><br \/>\nThe establishment of diplomatic relations between States, and of permanent diplomatic missions,<br \/>\ntakes place by mutual consent.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 3<\/strong><\/em><\/span><br \/>\n1.The functions of a diplomatic mission consist, inter alia, in:<\/p>\n<p style=\"padding-left: 30px;\">(a) Representing the sending State in the receiving State;<br \/>\n(b) Protecting in the receiving State the interests of the sending State and of its nationals, within the<br \/>\nlimits permitted by international law;<br \/>\n(c) Negotiating with the Government of the receiving State;<br \/>\n(d) Ascertaining by all lawful means conditions and developments in the receiving State, and<br \/>\nreporting thereon to the Government of the sending State;<br \/>\n(e) Promoting friendly relations between the sending State and the receiving State, and developing<br \/>\ntheir economic, cultural and scientific relations.<\/p>\n<p>2.Nothing in the present Convention shall be construed as preventing the performance of consular<br \/>\nfunctions by a diplomatic mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 4<\/strong><\/em><\/span><br \/>\n1.The sending State must make certain that the agr\u00e9ment of the receiving State has been given for<br \/>\nthe person it proposes to accredit as head of the mission to that State.<br \/>\n2.The receiving State is not obliged to give reasons to the sending State for a refusal of agr\u00e9ment.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 5<\/strong><\/em><\/span><br \/>\n1.The sending State may, after it has given due notification to the receiving States concerned,<br \/>\naccredit a head of mission or assign any member of the diplomatic staff, as the case may be, to more<br \/>\nthan one State, unless there is express objection by any of the receiving States.<br \/>\n2.If the sending State accredits a head of mission to one or more other States it may establish a<br \/>\ndiplomatic mission headed by a charg\u00e9 d\u2019affaires ad interim in each State where the head of mission has<br \/>\nnot his permanent seat.<br \/>\n3.A head of mission or any member of the diplomatic staff of the mission may act as<br \/>\nrepresentative of the sending State to any international organization.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 6<\/strong><\/em><\/span><br \/>\nTwo or more States may accredit the same person as head of mission to another State, unless<br \/>\nobjection is offered by the receiving State.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 7<\/strong><\/em><\/span><br \/>\nSubject to the provisions of articles 5, 8, 9 and 11, the sending State may freely appoint the<br \/>\nmembers of the staff of the mission. In the case of military, naval or air attach\u00e9s, the receiving State may<br \/>\nrequire their names to be submitted beforehand, for its approval.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 8<\/strong><\/em><\/span><br \/>\n1.Members of the diplomatic staff of the mission should in principle be of the nationality of the<br \/>\nsending State.<br \/>\n2.Members of the diplomatic staff of the mission may not be appointed from among persons<br \/>\nhaving the nationality of the receiving State, except with the consent of that State which may be<br \/>\nwithdrawn at any time.<br \/>\n3.The receiving State may reserve the same right with regard to nationals of a third State who are<br \/>\nnot also nationals of the sending State.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 9<\/strong><\/em><\/span><br \/>\n1.The receiving State may at any time and without having to explain its decision, notify the<br \/>\nsending State that the head of the mission or any member of the diplomatic staff of the mission is<br \/>\npersona non grata or that any other member of the staff of the mission is not acceptable. In any such<br \/>\ncase, the sending State shall, as appropriate, either recall the person concerned or terminate his functions<br \/>\nwith the mission. A person may be declared non grata or not acceptable before arriving in the territory of<br \/>\nthe receiving State.<br \/>\n2.If the sending State refuses or fails within a reasonable period to carry out its obligations under<br \/>\nparagraph 1 of this article, the receiving State may refuse to recognize the person concerned as a<br \/>\nmember of the mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 10<\/strong><\/em><\/span><br \/>\n1.The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be<br \/>\nagreed, shall be notified of:<\/p>\n<p style=\"padding-left: 30px;\">(a) The appointment of members of the mission, their arrival and their final departure or the<br \/>\ntermination of their functions with the mission;<br \/>\n(b) The arrival and final departure of a person belonging to the family of a member of the mission<br \/>\nand, where appropriate, the fact that a person becomes or ceases to be a member of the family of a<br \/>\nmember of the mission;<br \/>\n(c) The arrival and final departure of private servants in the employ of persons referred to in<br \/>\nsubparagraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of<br \/>\nsuch persons;<br \/>\n(d) The engagement and discharge of persons resident in the receiving State as members of the<br \/>\nmission or private servants entitled to privileges and immunities.<\/p>\n<p>2.Where possible, prior notification of arrival and final departure shall also be given.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 11<\/strong><\/em><\/span><br \/>\n1.In the absence of specific agreement as to the size of the mission, the receiving State may<br \/>\nrequire that the size of a mission be kept within limits considered by it to be reasonable and normal,<br \/>\nhaving regard to circumstances and conditions in the receiving State and to the needs of the particular<br \/>\nmission.<br \/>\n2.The receiving State may equally, within similar bounds and on a non-discriminatory basis,<br \/>\nrefuse to accept officials of a particular category.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 12<\/strong><\/em><\/span><br \/>\nThe sending State may not, without the prior express consent of the receiving State, establish<br \/>\noffices forming part of the mission in localities other than those in which the mission itself is<br \/>\nestablished.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 13<\/strong><\/em><\/span><br \/>\n1.The head of the mission is considered as having taken up his functions in the receiving State<br \/>\neither when he has presented his credentials or when he has notified his arrival and a true copy of his<br \/>\ncredentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other<br \/>\nministry as may be agreed, in accordance with the practice prevailing in the receiving State which shall<br \/>\nbe applied in a uniform manner.<br \/>\n2.The order of presentation of credentials or of a true copy thereof will be determined by the date<br \/>\nand time of the arrival of the head of the mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 14<\/strong><\/em><\/span><br \/>\n1.Heads of mission are divided into three classes, namely:<\/p>\n<p style=\"padding-left: 30px;\">(a) That of ambassadors or nuncios accredited to Heads of State, and other heads of mission of<br \/>\nequivalent rank;<br \/>\n(b) That of envoys, ministers and internuncios accredited to Heads of State;<br \/>\n(c) That of charg\u00e9s d\u2019affaires accredited to Ministers for Foreign Affairs.<\/p>\n<p>2.Except as concerns precedence and etiquette, there shall be no differentiation between heads of<br \/>\nmission by reason of their class.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 15<\/strong><\/em><\/span><br \/>\nThe class to which the heads of their missions are to be assigned shall be agreed between States.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 16<\/strong><\/em><\/span><br \/>\n1.Heads of mission shall take precedence in their respective classes in the order of the date and<br \/>\ntime of taking up their functions in accordance with article 13.<br \/>\n2.Alterations in the credentials of a head of mission not involving any change of class shall not<br \/>\naffect his precedence.<br \/>\n3.This article is without prejudice to any practice accepted by the receiving State regarding the<br \/>\nprecedence of the representative of the Holy See.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 17<\/strong><\/em><\/span><br \/>\nThe precedence of the members of the diplomatic staff of the mission shall be notified by the head<br \/>\nof the mission to the Ministry for Foreign Affairs or such other ministry as may be agreed.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 18<\/strong><\/em><\/span><br \/>\nThe procedure to be observed in each State for the reception of heads of mission shall be uniform<br \/>\nin respect of each class.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 19<\/strong><\/em><\/span><br \/>\n1.If the post of head of the mission is vacant, or if the head of the mission is unable to perform<br \/>\nhis functions a charg\u00e9 d\u2019affaires ad interim shall act provisionally as head of the mission. The name of<br \/>\nthe charg\u00e9 d\u2019affaires ad interim shall be notified, either by the head of the mission or, in case he is<br \/>\nunable to do so, by the Ministry for Foreign Affairs of the sending State to the Ministry for Foreign<br \/>\nAffairs of the receiving State or such other ministry as may be agreed.<br \/>\n2.In cases where no member of the diplomatic staff of the mission is present in the receiving<br \/>\nState, a member of the administrative and technical staff may, with the consent of the receiving State, be<br \/>\ndesignated by the sending State to be in charge of the current administrative affairs of the mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 20<\/strong><\/em><\/span><br \/>\nThe mission and its head shall have the right to use the flag and emblem of the sending State on<br \/>\nthe premises of the mission, including the residence of the head of the mission, and on his means of<br \/>\ntransport.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 21<\/strong><\/em><\/span><br \/>\n1.The receiving State shall either facilitate the acquisition on its territory, in accordance with its<br \/>\nlaws, by the sending State of premises necessary for its mission or assist the latter in obtaining<br \/>\naccommodation in some other way.<br \/>\n2.It shall also, where necessary, assist missions in obtaining suitable accommodation for their<br \/>\nmembers.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 22<\/strong><\/em><\/span><br \/>\n1.The premises of the mission shall be inviolable. The agents of the receiving State may not enter<br \/>\nthem, except with the consent of the head of the mission.<br \/>\n2.The receiving State is under a special duty to take all appropriate steps to protect the premises<br \/>\nof the mission against any intrusion or damage and to prevent any disturbance of the peace of the<br \/>\nmission or impairment of its dignity.<br \/>\n3.The premises of the mission, their furnishings and other property thereon and the means of<br \/>\ntransport of the mission shall be immune from search, requisition, attachment or execution.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 23<\/strong><\/em><\/span><br \/>\n1.The sending State and the head of the mission shall be exempt from all national, regional or<br \/>\nmunicipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than<br \/>\nsuch as represent payment for specific services rendered.<br \/>\n2.The exemption from taxation referred to in this article shall not apply to such dues and taxes<br \/>\npayable under the law of the receiving State by persons contracting with the sending State or the head of<br \/>\nthe mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 24<\/strong><\/em><\/span><br \/>\nThe archives and documents of the mission shall be inviolable at any time and wherever they may<br \/>\nbe.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 25<\/strong><\/em><\/span><br \/>\nThe receiving State shall accord full facilities for the performance of the functions of the mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 26<\/strong><\/em><\/span><br \/>\nSubject to its laws and regulations concerning zones entry into which is prohibited or regulated<br \/>\nfor reasons of national security, the receiving State shall ensure to all members of the mission freedom<br \/>\nof movement and travel in its territory.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 27<\/strong><\/em><\/span><br \/>\n1.The receiving State shall permit and protect free communication on the part of the mission for<br \/>\nall official purposes. In communicating with the Government and the other missions and consulates of<br \/>\nthe sending State, wherever situated, the mission may employ all appropriate means, including<br \/>\ndiplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless<br \/>\ntransmitter only with the consent of the receiving State.<br \/>\n2.The official correspondence of the mission shall be inviolable. Official correspondence means<br \/>\nall correspondence relating to the mission and its functions.<br \/>\n3.The diplomatic bag shall not be opened or detained.<br \/>\n4.The packages constituting the diplomatic bag must bear visible external marks of their character<br \/>\nand may contain only diplomatic documents or articles intended for official use.<br \/>\n5.The diplomatic courier, who shall be provided with an official document indicating his status<br \/>\nand the number of packages constituting the diplomatic bag, shall be protected by the receiving State in<br \/>\nthe performance of his functions. He shall enjoy person inviolability and shall not be liable to any form<br \/>\nof arrest or detention.<br \/>\n6.The sending State or the mission may designate diplomatic couriers ad hoc. In such cases the<br \/>\nprovisions of paragraph 5 of this article shall also apply, except that the immunities therein mentioned<br \/>\nshall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge.<br \/>\n7.A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at<br \/>\nan authorized port of entry. He shall be provided with an official document indicating the number of<br \/>\npackages constituting the bag but he shall not be considered to be a diplomatic courier. The mission may<br \/>\nsend one of its members to take possession of the diplomatic bag directly and freely from the captain of<br \/>\nthe aircraft.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 28<\/strong><\/em><\/span><br \/>\nThe fees and charges levied by the mission in the course of its official duties shall be exempt from<br \/>\nall dues and taxes.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 29<\/strong><\/em><\/span><br \/>\nThe person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest<br \/>\nor detention. The receiving State shall treat him with due respect and shall take all appropriate steps to<br \/>\nprevent any attack on his person, freedom or dignity.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 30<\/strong><\/em><\/span><br \/>\n1.The private residence of a diplomatic agent shall enjoy the same inviolability and protection as<br \/>\nthe premises of the mission.<br \/>\n2.His papers, correspondence and, except as provided in paragraph 3 of article 31, his property,<br \/>\nshall likewise enjoy inviolability.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 31<\/strong><\/em><\/span><br \/>\n1.A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State.<br \/>\nHe shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:<\/p>\n<p style=\"padding-left: 30px;\">(a) A real action relating to private immovable property situated in the territory of the receiving State,<br \/>\nunless he holds it on behalf of the sending State for the purposes of the mission;<br \/>\n(b) An action relating to succession in which the diplomatic agent is involved as executor,<br \/>\nadministrator, heir or legatee as a private person and not on behalf of the sending State;<br \/>\n(c) An action relating to any professional or commercial activity exercised by the diplomatic agent in<br \/>\nthe receiving State outside his official functions.<\/p>\n<p>2.A diplomatic agent is not obliged to give evidence as a witness.<br \/>\n3.No measures of execution may be taken in respect of a diplomatic agent except in the cases<br \/>\ncoming under subparagraphs (a), (b) and (c) of paragraph 1 of this article, and provided that the<br \/>\nmeasures concerned can be taken without infringing the inviolability of his person or of his residence.<br \/>\n4.The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt<br \/>\nhim from the jurisdiction of the sending State.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 32<\/strong><\/em><\/span><br \/>\n1.The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under<br \/>\narticle 37 may be waived by the sending State.<br \/>\n2.Waiver must always be express.<br \/>\n3.The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from<br \/>\njurisdiction under article 37 shall preclude him from invoking immunity from jurisdiction in respect of<br \/>\nany counterclaim directly connected with the principal claim.<br \/>\n4.Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not<br \/>\nbe held to imply waiver of immunity in respect of the execution of the judgement, for which a separate<br \/>\nwaiver shall be necessary.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 33<\/strong><\/em><\/span><br \/>\n1.Subject to the provisions of paragraph 3 of this article, a diplomatic agent shall with respect to<br \/>\nservices rendered for the sending State be exempt from social security provisions which may be in force<br \/>\nin the receiving State.<br \/>\n2.The exemption provided for in paragraph 1 of this article shall also apply to private servants<br \/>\nwho are in the sole employ of a diplomatic agent, on condition:<\/p>\n<p style=\"padding-left: 30px;\">(a) That they are not nationals of or permanently resident in the receiving State; and<br \/>\n(b) That they are covered by the social security provisions which may be in force in the sending State<br \/>\nor a third State.<\/p>\n<p>3.A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of<br \/>\nthis article does not apply shall observe the obligations which the social security provisions of the<br \/>\nreceiving State impose upon employers.<br \/>\n4.The exemption provided for in paragraphs 1 and 2 of this article shall not preclude voluntary<br \/>\nparticipation in the social security system of the receiving State provided that such participation is<br \/>\npermitted by that State.<br \/>\n5.The provisions of this article shall not affect bilateral or multilateral agreements concerning<br \/>\nsocial security concluded previously and shall not prevent the conclusion of such agreements in the<br \/>\nfuture.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 34<\/strong><\/em><\/span><br \/>\nA diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or<br \/>\nmunicipal, except:<br \/>\n(a) Indirect taxes of a kind which are normally incorporated in the price of goods or services;<br \/>\n(b) Dues and taxes on private immovable property situated in the territory of the receiving State,<br \/>\nunless he holds it on behalf of the sending State for the purposes of the mission;<br \/>\n(c) Estate, succession or inheritance duties levied by the receiving State, subject to the provisions of<br \/>\nparagraph 4 of article 39;<br \/>\n(d) Dues and taxes on private income having its source in the receiving State and capital taxes on<br \/>\ninvestments made in commercial undertakings in the receiving State;<br \/>\n(e) Charges levied for specific services rendered;<br \/>\n(f) Registration, court or record fees, mortgage dues and stamp duty, with respect to immovable<br \/>\nproperty, subject to the provisions of article 23.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 35<\/strong><\/em><\/span><br \/>\nThe receiving State shall exempt diplomatic agents from all personal services, from all public<br \/>\nservice of any kind whatsoever, and from military obligations such as those connected with<br \/>\nrequisitioning, military contributions and billeting.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 36<\/strong><\/em><\/span><br \/>\n1.The receiving State shall, in accordance with such laws and regulations as it may adopt, permit<br \/>\nentry of and grant exemption from all customs duties, taxes, and related charges other than charges for<br \/>\nstorage, cartage and similar services, on:<\/p>\n<p style=\"padding-left: 30px;\">(a) Articles for the official use of the mission;<br \/>\n(b) Articles for the personal use of a diplomatic agent or members of his family forming part of his<br \/>\nhousehold, including articles intended for his establishment.<\/p>\n<p>2.The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are<br \/>\nserious grounds for presuming that it contains articles not covered by the exemptions mentioned in<br \/>\nparagraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled<br \/>\nby the quarantine regulations of the receiving State. Such inspection shall be conducted only in the<br \/>\npresence of the diplomatic agent or of his authorized representative.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 37<\/strong><\/em><\/span><br \/>\n1.The members of the family of a diplomatic agent forming part of his household shall, if they are<br \/>\nnot nationals of the receiving State, enjoy the privileges and immunities specified in articles 29 to 36.<br \/>\n2.Members of the administrative and technical staff of the mission, together with members of<br \/>\ntheir families forming part of their respective households, shall, if they are not nationals of or<br \/>\npermanently resident in the receiving State, enjoy the privileges and immunities specified in articles 29<br \/>\nto 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified<br \/>\nin paragraph 1 of article 31 shall not extend to acts performed outside the course of their duties. They<br \/>\nshall also enjoy the privileges specified in article 36, paragraph 1, in respect of articles imported at the<br \/>\ntime of first installation.<br \/>\n3.Members of the service staff of the mission who are not nationals of or permanently resident in<br \/>\nthe receiving State shall enjoy immunity in respect of acts performed in the course of their duties,<br \/>\nexemption from dues and taxes on the emoluments they receive by reason of their employment and the<br \/>\nexemption contained in article 33.<br \/>\n4.Private servants of members of the mission shall, if they are not nationals of or permanently<br \/>\nresident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason<br \/>\nof their employment. In other respects, they may enjoy privileges and immunities only to the extent<br \/>\nadmitted by the receiving State. However, the receiving State must exercise its jurisdiction over those<br \/>\npersons in such a manner as not to interfere unduly with the performance of the functions of the mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 38<\/strong><\/em><\/span><br \/>\n1.Except insofar as additional privileges and immunities may be granted by the receiving State, a<br \/>\ndiplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity<br \/>\nfrom jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.<br \/>\n2.Other members of the staff of the mission and private servants who are nationals of or<br \/>\npermanently resident in the receiving State shall enjoy privileges and immunities only to the extent<br \/>\nadmitted by the receiving State. However, the receiving State must exercise its jurisdiction over those<br \/>\npersons in such a manner as not to interfere unduly with the performance of the functions of the mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 39<\/strong><\/em><\/span><br \/>\n1.Every person entitled to privileges and immunities shall enjoy them from the moment he enters<br \/>\nthe territory of the receiving State on proceeding to take up his post or, if already in its territory, from<br \/>\nthe moment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry<br \/>\nas may be agreed.<br \/>\n2.When the functions of a person enjoying privileges and immunities have come to an end, such<br \/>\nprivileges and immunities shall normally cease at the moment when he leaves the country, or on expiry<br \/>\nof a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict.<br \/>\nHowever, with respect to acts performed by such a person in the exercise of his functions as a member<br \/>\nof the mission, immunity shall continue to subsist.<br \/>\n3.In case of the death of a member of the mission, the members of his family shall continue to<br \/>\nenjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in<br \/>\nwhich to leave the country.<br \/>\n4.In the event of the death of a member of the mission not a national of or permanently resident in<br \/>\nthe receiving State or a member of his family forming part of his household, the receiving State shall<br \/>\npermit the withdrawal of the movable property of the deceased, with the exception of any property<br \/>\nacquired in the country the export of which was prohibited at the time of his death. Estate, succession<br \/>\nand inheritance duties shall not be levied on movable property the presence of which in the receiving<br \/>\nState was due solely to the presence there of the deceased as a member of the mission or as a member of<br \/>\nthe family of a member of the mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 40<\/strong><\/em><\/span><br \/>\n1.If a diplomatic agent passes through or is in the territory of a third State, which has granted him<br \/>\na passport visa if such visa was necessary, while proceeding to take up or to return to his post, or when<br \/>\nreturning to his own country, the third State shall accord him inviolability and such other immunities as<br \/>\nmay be required to ensure his transit or return. The same shall apply in the case of any members of his<br \/>\nfamily enjoying privileges or immunities who are accompanying the diplomatic agent, or travelling<br \/>\nseparately to join him or to return to their country.<br \/>\n2.In circumstances similar to those specified in paragraph 1 of this article, third States shall not<br \/>\nhinder the passage of members of the administrative and technical or service staff of a mission, and of<br \/>\nmembers of their families, through their territories.<br \/>\n3.Third States shall accord to official correspondence and other official communications in<br \/>\ntransit, including messages in code or cipher, the same freedom and protection as is accorded by the<br \/>\nreceiving State. They shall accord to diplomatic couriers, who have been granted a passport visa if such<br \/>\nvisa was necessary, and diplomatic bags in transit, the same inviolability and protection as the receiving<br \/>\nState is bound to accord.<br \/>\n4.The obligations of third States under paragraphs 1, 2 and 3 of this article shall also apply to the<br \/>\npersons mentioned respectively in those paragraphs, and to official communications and diplomatic<br \/>\nbags, whose presence in the territory of the third State is due to force majeure.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 41<\/strong><\/em><\/span><br \/>\n1.Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such<br \/>\nprivileges and immunities to respect the laws and regulations of the receiving State. They also have a<br \/>\nduty not to interfere in the internal affairs of that State.<br \/>\n2.All official business with the receiving State entrusted to the mission by the sending State shall<br \/>\nbe conducted with or through the Ministry for Foreign Affairs of the receiving State or such other<br \/>\nministry as may be agreed.<br \/>\n3.The premises of the mission must not be used in any manner incompatible with the functions of<br \/>\nthe mission as laid down in the present Convention or by other rules of general international law or by<br \/>\nany special agreements in force between the sending and the receiving State.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 42<\/strong><\/em><\/span><br \/>\nA diplomatic agent shall not in the receiving State practice for personal profit any professional or<br \/>\ncommercial activity.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 43<\/strong><\/em><\/span><br \/>\nThe function of a diplomatic agent comes to an end, inter alia:<br \/>\n(a) On notification by the sending State to the receiving State that the function of the diplomatic<br \/>\nagent has come to an end;<br \/>\n(b) On notification by the receiving State to the sending State that, in accordance with paragraph 2 of<br \/>\narticle 9, it refuses to recognize the diplomatic agent as a member of the mission.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 44<\/strong><\/em><\/span><br \/>\nThe receiving State must, even in case of armed conflict, grant facilities in order to enable<br \/>\npersons enjoying privileges and immunities, other than nationals of the receiving State, and members of<br \/>\nthe families of such persons irrespective of their nationality, to leave at the earliest possible moment. It<br \/>\nmust, in particular, in case of need, place at their disposal the necessary means of transport for<br \/>\nthemselves and their property.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 45<\/strong><\/em><\/span><br \/>\nIf diplomatic relations are broken off between two States, or if a mission is permanently or<br \/>\ntemporarily recalled:<br \/>\n(a) The receiving State must, even in case of armed conflict, respect and protect the premises of the<br \/>\nmission, together with its property and archives;<br \/>\n(b) The sending State may entrust the custody of the premises of the mission, together with its<br \/>\nproperty and archives, to a third State acceptable to the receiving State;<br \/>\n(c) The sending State may entrust the protection of its interests and those of its nationals to a third<br \/>\nState acceptable to the receiving State.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 46<\/strong><\/em><\/span><br \/>\nA sending State may with the prior consent of a receiving State, and at the request of a third State<br \/>\nnot represented in the receiving State, undertake the temporary protection of the interests of the third<br \/>\nState and of its nationals.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 47<\/strong><\/em><\/span><br \/>\n1.In the application of the provisions of the present Convention, the receiving State shall not<br \/>\ndiscriminate as between States.<br \/>\n2.However, discrimination shall not be regarded as taking place:<\/p>\n<p style=\"padding-left: 30px;\">(a) Where the receiving State applies any of the provisions of the present Convention restrictively<br \/>\nbecause of a restrictive application of that provision to its mission in the sending State;<br \/>\n(b) Where by custom or agreement States extend to each other more favorable treatment than is<br \/>\nrequired by the provisions of the present Convention.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 48<\/strong><\/em><\/span><br \/>\nThe present Convention shall be open for signature by all States Members of the United Nations<br \/>\nor of any of the specialized agencies Parties to the Statute of the International Court of Justice, and by<br \/>\nany other State invited by the General Assembly of the United Nations to become a Party to the<br \/>\nConvention, as follows: until 31 October 1961 at the Federal Ministry for Foreign Affairs of Austria and<br \/>\nsubsequently, until 31 March 1962, at the United Nations Headquarters in New York.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 49<\/strong><\/em><\/span><br \/>\nThe present Convention is subject to ratification. The instruments of ratification shall be<br \/>\ndeposited with the Secretary-General of the United Nations.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 50<\/strong><\/em><\/span><br \/>\nThe present Convention shall remain open for accession by any State belonging to any of the four<br \/>\ncategories mentioned in article 48. The instruments of accession shall be deposited with the Secretary General of the United Nations.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 51<\/strong><\/em><\/span><br \/>\n1.The present Convention shall enter into force on the thirtieth day following the date of deposit<br \/>\nof the twenty-second instrument of ratification or accession with the Secretary-General of the United<br \/>\nNations.<br \/>\n2.For each State ratifying or acceding to the Convention after the deposit of the twenty-second<br \/>\ninstrument of ratification or accession, the Convention shall enter into force on the thirtieth day after<br \/>\ndeposit by such State of its instrument of ratification or accession.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 52<\/strong><\/em><\/span><br \/>\nThe Secretary-General of the United Nations shall inform all States belonging to any of the four<br \/>\ncategories mentioned in article 48:<br \/>\n(a) Of signatures to the present Convention and of the deposit of instruments of ratification or<br \/>\naccession, in accordance with articles 48, 49 and 50;<br \/>\n(b) Of the date on which the present Convention will enter into force, in accordance with article 51.<\/p>\n<p><span style=\"font-size: 14pt;\"><em><strong>Article 53<\/strong><\/em><\/span><br \/>\nThe original of the present Convention, of which the Chinese, English, French, Russian and<br \/>\nSpanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations,<br \/>\nwho shall send certified copies thereof to all States belonging to any of the four categories mentioned in<br \/>\narticle 48.<br \/>\n<strong>IN WITNESS WHEREOF<\/strong> the undersigned Plenipotentiaries, being duly authorized thereto by their<br \/>\nrespective Governments, have signed the present Convention.<br \/>\n<strong>DONE<\/strong> at Vienna this eighteenth day of April one thousand nine hundred and sixty-one.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 &hellip; <\/p>\n<p><a class=\"more-link btn\" href=\"https:\/\/english.bashariyat.org\/?p=3534\">Continue reading<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[33],"tags":[],"class_list":["post-3534","post","type-post","status-publish","format-standard","hentry","category-human-rights-conventions","item-wrap"],"_links":{"self":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts\/3534","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3534"}],"version-history":[{"count":1,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts\/3534\/revisions"}],"predecessor-version":[{"id":3535,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=\/wp\/v2\/posts\/3534\/revisions\/3535"}],"wp:attachment":[{"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3534"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3534"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/english.bashariyat.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3534"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}