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diplomatic
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
...
Recalling
that peoples of all
nations
from
ancient
times have recognized the
status
of
diplomatic agents
, ...
...
Believing
that an
international convention
on
diplomatic intercourse
,
privileges
and
immunities
would
contribute
to the
development
of
friendly
relations
among
nations
,
irrespective
of their differing
constitutional
and
social systems
, ...
...
Realizing
that the
purpose
of such
privileges
and
immunities
is not to
benefit
individuals
but to ensure the
efficient
performance
of the functions of
diplomatic missions
as representing
States
, ...
ARTICLE-1
[
go to this ARTICLE
]
... (c) the "
members of the staff
of the
mission
" are the
members
of the
diplomatic staff
, of the
administrative
and
technical staff
and of the
service staff
of the
mission
; ...
... (d) the "
members
of the
diplomatic staff
" are the
members of the staff
of the
mission
having
diplomatic rank
; ...
... (d) the "
members
of the
diplomatic staff
" are the
members of the staff
of the
mission
having
diplomatic rank
; ...
... (e) a "
diplomatic agent
" is the
head of the mission
or a
member
of the
diplomatic staff
of the
mission
; ...
... (e) a "
diplomatic agent
" is the
head of the mission
or a
member
of the
diplomatic staff
of the
mission
; ...
ARTICLE-2
[
go to this ARTICLE
]
... The
establishment
of
diplomatic relations
between
States
, and of
permanent
diplomatic missions
, takes
place
by
mutual consent
. ...
... The
establishment
of
diplomatic relations
between
States
, and of
permanent
diplomatic missions
, takes
place
by
mutual consent
. ...
ARTICLE-3
[
go to this ARTICLE
]
... 1. The functions of a
diplomatic mission
consist,
inter alia
,
in: ...
... 2. Nothing in the present
Convention
shall be construed as preventing the
performance
of
consular functions
by a
diplomatic mission
. ...
ARTICLE-5
[
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]
... 1. The
sending State
may, after it has given
due
notification
to the
receiving States
concerned
, accredit a head of
mission
or assign any
member
of the
diplomatic staff
, as the
case
may be, to more than one
State
, unless there is express
objection
by any of the
receiving States
. ...
... 2. If the
sending State
accredits a head of
mission
to one or more other
States
it may
establish
a
diplomatic mission
headed by a
charge d'affaires ad interim
in each
State
where the head of
mission
has not his
permanent seat
. ...
... 3. A head of
mission
or any
member
of the
diplomatic staff
of the
mission
may
act
as
representative
of the
sending State
to any
international organization
. ...
ARTICLE-8
[
go to this ARTICLE
]
... 1.
Members
of the
diplomatic staff
of the
mission
should in
principle
be of the
nationality
of the
sending State
. ...
... 2.
Members
of the
diplomatic staff
of the
mission
may not be appointed from among
persons
having the
nationality
of the
receiving State
, except with the
consent
of that
State
which may be withdrawn at any
time
. ...
ARTICLE-9
[
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]
... 1. The
receiving State
may at any
time
and without having to explain its
decision
, notify the
sending State
that the
head of the mission
or any
member
of the
diplomatic staff
of the
mission
is
persona non grata
or that any other
member
of the
staff
of the
mission
is not acceptable. In any such
case
, the
sending State
shall, as appropriate, either recall the
person
concerned
or
terminate
his functions with the
mission
. A
person
may be
declared
non grata
or not acceptable before arriving in the
territory
of the
receiving State
. ...
ARTICLE-17
[
go to this ARTICLE
]
... The precedence of the
members
of the
diplomatic staff
of the
mission
shall be notified by the
head of the mission
to the
Ministry for Foreign Affairs
or such other
ministry
as may be
agreed
. ...
ARTICLE-19
[
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]
... 2. In
cases
where no
member
of the
diplomatic staff
of the
mission
is present in the
receiving State
, a
member
of the
administrative
and
technical staff
may, with the
consent
of the
receiving State
, be
designated
by the
sending State
to be in
charge
of the current
administrative
affairs
of the
mission
. ...
ARTICLE-27
[
go to this ARTICLE
]
... 1. The
receiving State
shall
permit
and
protect
free
communication
on the part of the
mission
for all
official
purposes
. In
communicating
with the
Government
and the other
missions
and
consulates
of the
sending State
, wherever situated, the
mission
may employ all appropriate means,
including
diplomatic couriers
and
messages
in
code
or
cipher
. However, the
mission
may install and use a
wireless transmitter
only with the
consent
of the
receiving State
. ...
... 3. The
diplomatic bag
shall not be opened or
detained
. ...
... 4. The
packages
constituting the
diplomatic bag
must bear visible external
marks
of their
character
and may contain only
diplomatic documents
or
articles
intended for
official
use. ...
... 4. The
packages
constituting the
diplomatic bag
must bear visible external
marks
of their
character
and may contain only
diplomatic documents
or
articles
intended for
official
use. ...
... 5. The
diplomatic courier
, who shall be provided with an
official
document
indicating his
status
and the
number
of
packages
constituting the
diplomatic bag
, shall be
protected
by the
receiving State
in the
performance
of his functions. He shall enjoy
personal
inviolability
and shall not be
liable
to any form of
arrest
or
detention
. ...
... 5. The
diplomatic courier
, who shall be provided with an
official
document
indicating his
status
and the
number
of
packages
constituting the
diplomatic bag
, shall be
protected
by the
receiving State
in the
performance
of his functions. He shall enjoy
personal
inviolability
and shall not be
liable
to any form of
arrest
or
detention
. ...
... 6. The
sending State
or the
mission
may
designate
diplomatic couriers
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
diplomatic bag
in his
charge
. ...
... 6. The
sending State
or the
mission
may
designate
diplomatic 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
diplomatic bag
in his
charge
. ...
... 7. A
diplomatic bag
may be
entrusted
to the
captain
of a
commercial
aircraft
scheduled to
land
at an
authorized port of entry
. He shall be provided with an
official
document
indicating the
number
of
packages
constituting the bag but he shall not be considered to be a
diplomatic courier
. The
mission
may send one of its
members
to take
possession
of the
diplomatic bag
directly and
freely
from the
captain
of the
aircraft
. ...
... 7. A
diplomatic bag
may be
entrusted
to the
captain
of a
commercial
aircraft
scheduled to
land
at an
authorized port of entry
. He shall be provided with an
official
document
indicating the
number
of
packages
constituting the bag but he shall not be considered to be a
diplomatic courier
. The
mission
may send one of its
members
to take
possession
of the
diplomatic bag
directly and
freely
from the
captain
of the
aircraft
. ...
... 7. A
diplomatic bag
may be
entrusted
to the
captain
of a
commercial
aircraft
scheduled to
land
at an
authorized port of entry
. He shall be provided with an
official
document
indicating the
number
of
packages
constituting the bag but he shall not be considered to be a
diplomatic courier
. The
mission
may send one of its
members
to take
possession
of the
diplomatic bag
directly and
freely
from the
captain
of the
aircraft
. ...
ARTICLE-29
[
go to this ARTICLE
]
... The
person
of a
diplomatic agent
shall be
inviolable
. He shall not be
liable
to any form of
arrest
or
detention
. The
receiving State
shall treat him with
due
respect
and shall take all appropriate
steps
to
prevent
any
attack
on his
person
,
freedom
or
dignity
. ...
ARTICLE-30
[
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]
... 1. The
private residence
of a
diplomatic agent
shall enjoy the same
inviolability
and
protection
as the
premises
of the
mission
. ...
ARTICLE-31
[
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]
... 1. A
diplomatic agent
shall enjoy
immunity
from the
criminal jurisdiction
of the
receiving State
. He shall also enjoy
immunity
from its
civil
and
administrative
jurisdiction
, except in the
case
of: ...
... (b) an
action
relating to
succession
in which the
diplomatic agent
is involved as executor, administrator, heir or legatee as a
private
person
and not on behalf of the
sending State
; ...
... (c) an
action
relating to any
professional
or
commercial activity
exercised by the
diplomatic agent
in the
receiving State
outside his
official
functions. ...
... 2. A
diplomatic agent
is not obliged to give
evidence
as a
witness
. ...
... 3. No
measures
of
execution
may be taken in
respect
of a
diplomatic agent
except in the
cases
coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this
Article
, and provided that the
measures
concerned
can be taken without infringing the
inviolability
of his
person
or of his
residence
. ...
... 4. The
immunity
of a
diplomatic agent
from the
jurisdiction
of the
receiving State
does not exempt him from the
jurisdiction
of the
sending State
. ...
ARTICLE-32
[
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]
... 1. The
immunity from jurisdiction
of
diplomatic agents
and of
persons
enjoying
immunity
under
Article
37
may be waived by the
sending State
. ...
... 3. The initiation of
proceedings
by a
diplomatic agent
or by a
person
enjoying
immunity from jurisdiction
under
Article
37
shall preclude him from invoking
immunity from jurisdiction
in
respect
of any counter-
claim
directly
connected
with the principal
claim
. ...
ARTICLE-33
[
go to this ARTICLE
]
... 1.
Subject
to the
provisions
of paragraph 3 of this
Article
, a
diplomatic agent
shall with
respect
to
services
rendered for the
sending State
be exempt from
social security
provisions
which may be in
force
in the
receiving State
. ...
... 2. The
exemption
provided for in paragraph 1 of this
Article
shall also apply to
private servants
who are in the sole employ of a
diplomatic agent
, on
condition
: ...
... 3. A
diplomatic agent
who employs
persons
to whom the
exemption
provided for in paragraph 2 of this
Article
does not apply shall observe the
obligations
which the
social security
provisions
of the
receiving State
impose upon
employers
. ...
ARTICLE-34
[
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]
... A
diplomatic agent
shall be exempt from all
dues
and taxes,
personal
or real,
national
,
regional
or
municipal
, except: ...
ARTICLE-35
[
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]
... The
receiving State
shall exempt
diplomatic agents
from all
personal services
, from all
public service
of any kind whatsoever, and from
military
obligations
such as those
connected
with
requisitioning
,
military contributions
and
billeting
. ...
ARTICLE-36
[
go to this ARTICLE
]
... (b)
articles
for the
personal
use of a
diplomatic agent
or
members
of his
family
forming part of his
household
,
including
articles
intended for his
establishment
. ...
... 2. The
personal
baggage
of a
diplomatic agent
shall be exempt from
inspection
, unless there are
serious
grounds for presuming that it contains
articles
not covered by the
exemptions
mentioned in paragraph 1 of this
Article
, or
articles
the
import
or
export
of which is
prohibited
by the
law
or controlled by the
quarantine
regulations
of the
receiving State
. Such
inspection
shall be
conducted
only in the
presence
of the
diplomatic agent
or of his
authorized representative
. ...
... 2. The
personal
baggage
of a
diplomatic agent
shall be exempt from
inspection
, unless there are
serious
grounds for presuming that it contains
articles
not covered by the
exemptions
mentioned in paragraph 1 of this
Article
, or
articles
the
import
or
export
of which is
prohibited
by the
law
or controlled by the
quarantine
regulations
of the
receiving State
. Such
inspection
shall be
conducted
only in the
presence
of the
diplomatic agent
or of his
authorized representative
. ...
ARTICLE-37
[
go to this ARTICLE
]
... 1. The
members of the family
of a
diplomatic agent
forming part of his
household
shall, if they are not
nationals
of the
receiving State
, enjoy the
privileges
and
immunities
specified in
Articles
29
to
36
. ...
ARTICLE-38
[
go to this ARTICLE
]
... 1. Except insofar as additional
privileges
and
immunities
may be
granted
by the
receiving State
, a
diplomatic agent
who is a
national
of or permanently resident in that
State
shall enjoy only
immunity from jurisdiction
, and
inviolability
, in
respect
of
official
acts
performed in the
exercise
of his functions. ...
ARTICLE-40
[
go to this ARTICLE
]
... 1. If a
diplomatic agent
passes through or is in the
territory
of a
third State
, which has
granted
him a
passport visa
if such
visa
was necessary, while
proceeding
to take up or to
return
to his
post
, or when returning to his own
country
, the
third State
shall accord him
inviolability
and such other
immunities
as may be required to ensure his
transit
or
return
. The same shall apply in the
case
of any
members
of his
family
enjoying
privileges
or
immunities
who are accompanying the
diplomatic agent
, or
travelling
separately to join him or to
return
to their
country
. ...
... 1. If a
diplomatic agent
passes through or is in the
territory
of a
third State
, which has
granted
him a
passport visa
if such
visa
was necessary, while
proceeding
to take up or to
return
to his
post
, or when returning to his own
country
, the
third State
shall accord him
inviolability
and such other
immunities
as may be required to ensure his
transit
or
return
. The same shall apply in the
case
of any
members
of his
family
enjoying
privileges
or
immunities
who are accompanying the
diplomatic agent
, or
travelling
separately to join him or to
return
to their
country
. ...
... 3.
Third States
shall accord to
official
correspondence
and other
official
communications in
transit
,
including
messages
in
code
or
cipher
, the same
freedom
and
protection
as is accorded by the
receiving State
. They shall accord to
diplomatic couriers
, who have been
granted
a
passport visa
if such
visa
was necessary, and
diplomatic bags
in
transit
the same
inviolability
and
protection
as the
receiving State
is bound to accord. ...
... 3.
Third States
shall accord to
official
correspondence
and other
official
communications in
transit
,
including
messages
in
code
or
cipher
, the same
freedom
and
protection
as is accorded by the
receiving State
. They shall accord to
diplomatic couriers
, who have been
granted
a
passport visa
if such
visa
was necessary, and
diplomatic bags
in
transit
the same
inviolability
and
protection
as the
receiving State
is bound to accord. ...
... 4. The
obligations
of
third States
under paragraphs 1, 2 and 3 of this
Article
shall also apply to the
persons
mentioned respectively in those paragraphs, and to
official
communications and
diplomatic bags
, whose
presence
in the
territory
of the
third State
is
due
to
force majeure
. ...
ARTICLE-42
[
go to this ARTICLE
]
... A
diplomatic agent
shall not in the
receiving State
practise for
personal profit
any
professional
or
commercial activity
. ...
ARTICLE-43
[
go to this ARTICLE
]
... The
function
of a
diplomatic agent
comes to an end,
inter alia
: ...
... (a) on
notification
by the
sending State
to the
receiving State
that the
function
of the
diplomatic agent
has come to an end; ...
... (b) on
notification
by the
receiving State
to the
sending State
that, in
accordance
with paragraph 2 of
Article
9
, it refuses to recognize the
diplomatic agent
as a
member
of the
mission
. ...
ARTICLE-45
[
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]
... If
diplomatic relations
are broken off between two
States
, or if a
mission
is permanently or temporarily recalled: ...
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