Tuesday, September 23, 2008

Vienna Convention on diplomatic and consular relations

Vienna Convention on Diplomatic Relations and Consular Relations
The Vienna Conventions on Diplomatic Relations is an international treaty on diplomatic intercourse and the privileges and immunities of a diplomatic mission.
Adopted on April 18, 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria, from March 2 to April 14.
The Conference also adopted the Optional Protocol concerning the Acquisition of Nationality, the Optional Protocol concerning the Compulsory Settlement of Disputes, the Final Act and four resolutions annexed to that Act. Done at Vienna, on April 18, 1961.
It was first implemented on April 24, 1964.
The Vienna Convention on Consular Relations (or VCCR) was completed in 1963 as a multilateral treaty to codify consular practices that developed through customary international law, numerous bilateral treaties, and a number of regional treaties.
The VCCR enumerates basic legal rights and duties of signatory States, including:• the establishment and conduct of consular relations, by mutual consent, and
• the privileges and immunities of consular officers and offices from the laws of the “receiving State” (the country where the foreign consular office has been established).
Article 36 of the VCCR requires that foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest. If the detained foreign national so requests, the police must fax that notice to the embassy or consulate, which can then check up on the person. The notice to the consulate can be as simple as a fax, giving the person's name, the place of arrest, and, if possible, something about the reason for the arrest or detention.
VIENNA CONVENTION ON DIPLOMATIC RELATIONS AND OPTIONAL PROTOCOLSDONE AT VIENNA, ON 18 APRIL 1961
Article IFor the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them:(a) the "head of the mission" is the person charged by the sending State with the duty of acting in that capacity;(b) the "members of the mission" are the head of the mission and the members of the staff of the mission;(c) the "members of the staff of the mission" are the members of the diplomatic staff, of the administrative and technical staff and ofthe service staff of the mission;(d) the "members of the diplomatic staff" are the members of the staff of the mission having diplomatic rank;(e) a "diplomatic agent" is the head of the mission or a member of the diplomatic staff of the mission;(f) the "members of the administrative and technical staff" are themembers of the staff of the mission employed in the administrative and technical service of the mission;(g) the "members of the service staff" are the members of the staff of the mission in the domestic service of the mission;(h) a "private servant" is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State;(i) the "premises of the mission" are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.
Article 2The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.
Article 3
1. The functions of a diplomatic mission consist inter alia in:(a) representing the sending State in the receiving State;(b) protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law;(c) negotiating with the Government of the receiving State;(d) ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State;(e) promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations.2. Nothing in the present Convention shall be construed as preventing the performance of consular functions by a diplomatic mission.
Article 41. The sending State must make certain that the agr‚ment of the receiving State has been given for the person it proposes to accredit as head of the mission to that State.2. The receiving State is not obliged to give reasons to the sending State for a refusal of agr‚ment.Article 51. 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 6Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State.Article 7Subject to the provisions of Articles 5, 8, 9 and 11, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attaches, the receiving State may require their names to be submitted beforehand, for its approval.Article 81. Members of the diplomatic staff of the mission should in principle be of the nationality of the sending State.2. Members of the diplomatic staff of the mission may not be appointed from among persons having the nationality of the receiving State, except with the consent of that State which may be withdrawn at any time.3. The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State.Article 91. The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.2. If the sending State refuses or fails within a reasonable period to carry out its obligations under paragraph 1 of this Article, the receiving State may refuse to recognize the person concerned as a member of the mission.Article 101. The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall be notified of:(a) the appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission;(b) the arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a person becomes or ceases to be a member of the family of a member of the mission; (c) the arrival and final departure of private servants in the employ of persons referred to in sub-paragraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of such persons; (d) the engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities.2. Where possible, prior notification of arrival and final departure shall also be given.Article 111. In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission.2. The receiving State may equally, within similar bounds and on a nondiscriminatory basis, refuse to accept officials of a particular category.Article 12The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established.Article 131. The head of the mission is considered as having taken up his functions in the receiving State either when he has presented his credentials or when he has notified his arrival and a true copy of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, in accordance with the practice prevailing in the receiving State which shall be applied in a uniform manner.2. The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the mission.Article 141. Heads of mission are divided into three classes, namely:(a) that of ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank; (b) that of envoys, ministers and internuncios accredited to Heads of State; (c) that of charges d'affaires accredited to Ministers for Foreign Affairs.2. Except as concerns precedence and etiquette, there shall be no differentiation between heads of mission by reason of their class.Article 15The class to which the heads of their missions are to be assigned shall be agreed between States.Article 161. Heads of mission shall take precedence in their respective classes in the order of the date and time of taking up their functions in accordance with Article 13.2. Alterations in the credentials of a head of mission not involving any change of class shall not affect his precedence.3. This article is without prejudice to any practice accepted by the receiving State regarding the precedence of the representative of the Holy See.Article 17The 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 18The procedure to be observed in each State for the reception of heads of mission shall be uniform in respect of each class.Article 191. If the post of head of the mission is vacant, or if the head of the mission is unable to perform his functions, a charge d'affaires ad interim shall act provisionally as head of the mission. The name of the charge d'affaires ad interim shall be notified, either by the head of the mission or, in case he is unable to do so, by the Ministry for Foreign Affairs of the sending State to the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.2. In cases where no member of the diplomatic staff of the mission is present in the receiving State, a member of the administrative and technical staff may, with the consent of the receiving State, be designated by the sending State to be in charge of the current administrative affairs of the mission.Article 20The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport.Article 211. The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws, by the sending State of premises necessary for its mission or assist the latter in obtaining accommodation in some other way.2. It shall also, where necessary, assist missions in obtaining suitable accommodation for their members.Article 221. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.Article 231. The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered.2. The exemption from taxation referred to in this Article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission.Article 24The archives and documents of the mission shall be inviolable at any time and wherever they may be.Article 25The receiving State shall accord full facilities for the performance of the functions of the mission.Article 26Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory.Article 271. The receiving State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State.2. The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.3. The diplomatic bag shall not be opened or detained.4. The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.5. The diplomatic courier, who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.6. The sending State or the mission may designate diplomatic couriers 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.Article 28The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes.Article 29The 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 301. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.2. His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolabilityArticle 311. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;(b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.2. A diplomatic agent is not obliged to give evidence as a witness.3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.Article 321. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State.2. Waiver must always be express.3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.Article 331. Subject to the provisions of paragraph 3 of this Article, a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State.2. The exemption provided for in paragraph 1 of this Article shall also apply to private servants who are in the sole employ of a diplomatic agent, on condition:(a) that they are not nationals of or permanently resident in the receiving State; and(b) that they are covered by the social security provisions which may be in force in the sending State or a third State.3. A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers.4. The exemption provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State.5. The provisions of this Article shall not affect bilateral or multilateral agreements concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future.Article 34A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;(b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;(c) estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39;(d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;(e) charges levied for specific services rendered;(f) registration, court or record fees, mortgage dues and stamp duty,with respect to immovable property, subject to the provisions ofArticle 23.Article 35The 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 361. The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on:(a) articles for the official use of the mission;(b) articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment.2. The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this Article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative.Article 371. The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36.2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in Articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of Article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in Article 36, paragraph 1, in respect of articles imported at the time of first installation.3. Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33.4. Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.Article 381. Except insofar as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.2. Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.Article 391. Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry as may be agreed.2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist.3. In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country.4. In the event of the death of a member of the mission not a national of or permanently resident in the receiving State or a member of his family forming part of his household, the receiving State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.Article 401. If a diplomatic agent passes through or is in the territory of a third State, which has granted him a passport visa if such visa was necessary, while proceeding to take up or to return to his post, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit or return. The same shall apply in the case of any members of his family enjoying privileges or immunities who are accompanying the diplomatic agent, or travelling separately to join him or to return to their country.2. In circumstances similar to those specified in paragraph 1 of this Article, third States shall not hinder the passage of members of the administrative and technical or service staff of a mission, and of members of their families, through their territories.3. Third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. They shall accord to diplomatic couriers, who have been granted a passport visa if such visa was necessary, and diplomatic bags in transit the same inviolability and protection as the receiving State is bound to accord.4. The obligations of third States under paragraphs 1, 2 and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeure.Article 411. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.2. All official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.3. The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State.Article 42A diplomatic agent shall not in the receiving State practise for personal profit any professional or commercial activity.Article 43The 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 44The receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the families of such persons irrespective of their nationality, to leave at the earliest possible moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselves and their property.Article 45If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled:(a) the receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives;(b) the sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State;(c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.Article 46A sending State may with the prior consent of a receiving State, and at the request of a third State not represented in the receiving State, undertake the temporary protection of the interests of the third State and of its nationals.Article 471. In the application of the provisions of the present Convention, the receiving State shall not discriminate as between States.2. However, discrimination shall not be regarded as taking place:(a) where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its mission in the sending State;(b) where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.Article 48The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention, as follows: until 31 October 1961 at the Federal Ministry for Foreign Affairs of Austria and subsequently, until 31 March 1962, atthe United Nations Headquarters in New York.Article 49The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.Article 50The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in Article 48. The instruments of accession shall be deposited with the Secretary-General of the United Nations.Article 511. 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 52The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mentioned in Article 48:(a) of signatures to the present Convention and of the deposit of instruments of ratification or accession, in accordance with Articles 48, 49 and 50; (b) of the date on which the present Convention will enter into force, in accordance with Article 51.Article 53The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States belonging to any of the four categories mentioned in Article 48.IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.DONE at Vienna, this eighteenth day of April one thousand nine hundred andsixty-one.VIENNA CONVENTION ON CONSULAR RELATIONS AND OPTIONAL PROTOCOLSDONE AT VIENNA, ON 24 APRIL 1963The States Parties to the present Convention,Recalling that consular relations have been established between peoples since ancient times,Having in mind the Purposes and Principles of the Charter of the United Nation concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations,Considering that the United Nations Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on Diplomatic Relations which was opened for signature on 18 April 1961,Believing that an international convention on consular relations, privileges and immunities would also contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems,Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by consular posts on behalf of their respective States,Affirming that the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention,Have agreed as follows:Article 1DEFINITIONS1. For the purposes of the present Convention, the following expressions shall have the meanings hereunder assigned to them:(a) "consular post" means any consulate-general, consulate, vice-consulate or consular agency;(b) "consular district" means the area assigned to a consular post for the exercise of consular functions;(c) "head of consular post" means the person charged with the duty of acting in that capacity;(d) "consular officer" means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions;(e) "consular employee" means any person employed in the administrative or technical service of a consular post;(f) "member of the service staff" means any person employed in the domestic service of a consular post;(g) "members of the consular post" means consular officers, consular employees and members of the service staff;(h) "members of the consular staff" means consular officers, other than the head of a consular post, consular employees and members of the service staff;(i) "member of the private staff" means a person who is employed exclusively in the private service of a member of the consular post;(j) "consular premises" means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post;(k) "consular archives" includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card-indexes and any article of furniture intended for their protection or safekeeping.2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers.3. The particular status of members of the consular posts who are nationals or permanent residents of the receiving State is governed by Article 71 of the present Convention.CHAPTER ICONSULAR RELATIONS IN GENERALSection I ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONSArticle 2 ESTABLISHMENT OF CONSULAR RELATIONS1. 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 3EXERCISE OF CONSULAR FUNCTIONSConsular functions are exercised by consular posts. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention.Article 4ESTABLISHMENT OF A CONSULAR POST1. 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 5CONSULAR FUNCTIONSConsular functions consist in:(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;(b) furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the provisions of the present Convention;(c) ascertaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting thereon to the Government of the sending State and giving information to persons interested;(d) issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State;(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State;(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending State in cases of succession mortis causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving State;(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required withrespect to such persons;(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;(j) transmitting judicial and extrajudicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State;(k) exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having the nationality of the sending State, and of aircraft registered in that State, and in respect of their crews;(l) extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of this Article and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship's papers, and,without prejudice to the powers of the authorities of the receiving State, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen in so far as this may be authorized by the laws and regulations of the sending State;(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the internationalagreements in force between the sending State and the receiving State.Article 6EXERCISE OF CONSULAR FUNCTIONS OUTSIDE THE CONSULAR DISTRICTA consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district.Article 7EXERCISE OF CONSULAR FUNCTIONS IN A THIRD STATEThe 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 8EXERCISE OF CONSULAR FUNCTIONS ON BEHALF OF A THIRD STATEUpon 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 9CLASSES OF HEADS OF CONSULAR POSTS1. 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 10APPOINTMENT AND ADMISSION OF HEADS OF CONSULAR POSTS1. 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 11THE CONSULAR COMMISSION OR NOTIFICATION OF APPOINTMENT1. 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 12THE EXEQUATUR1. The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization.2. A State which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal.3. Subject to the provisions of Articles 13 and 15, the head of a consular post shall not enter upon his duties until he has received an exequatur.Article 13PROVISIONAL ADMISSION OF HEADS OF CONSULAR POSTSPending 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 14NOTIFICATION TO THE AUTHORITIES OF THE CONSULAR DISTRICTAs 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 15TEMPORARY EXERCISE OF THE FUNCTIONS OF THE HEAD OF A CONSULAR POST1. 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.

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