Preample: The States Parties to the present
Convention,
Recalling that consular relations
have been established between peoples since ancient
times,
Having in mind the Purposes and
Principles of the Charter of the United
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
1
DEFINITIONS
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
I
CONSULAR RELATIONS IN
GENERAL
Section
I
ESTABLISHMENT AND CONDUCT
OF CONSULAR
RELATIONS
Article
2
ESTABLISHMENT OF CONSULAR
RELATIONS
1. The establishment of
consular relations between States takes place by mutual
consent.
2. The consent given to the
establishment of diplomatic relations between two States
implies, unless otherwise stated, consent to the
establishment of consular relations.
3. The
severance of diplomatic relations shall not ipso facto
involve the severance of consular
relations.
Article
3
EXERCISE OF
CONSULAR FUNCTIONS
Consular functions
are exercised by consular posts. They are also exercised by
diplomatic missions in accordance with the provisions of the
present Convention.
Article
4
ESTABLISHMENT OF
A CONSULAR POST
1. A consular post
may be established in the territory of the receiving State
only with that State's consent.
2. The seat of
the consular post, its classification and the consular
district shall be established by the sending State and shall
be subject to the approval of the receiving
State.
3. Subsequent changes in the seat of the
consular post, its classification or the consular district
may be made by the sending State only with the consent of
the receiving State.
4. The consent of the
receiving State shall also be required if a
consulate-general or a consulate desires to open a
vice-consulate or a consular agency in a locality other than
that in which it is itself established.
5. The
prior express consent of the receiving State shall also be
required for the opening of an office forming part of an
existing consular post elsewhere than at the seat
thereof.
Article
5
CONSULAR
FUNCTIONS
Consular functions consist
in:
(a) protecting in the receiving State the
interests of the sending State and of its nationals, both
individuals and bodies corporate, within the limits
permitted by international law;
(b) furthering
the development of commercial, economic, cultural and
scientific relations between the sending State and the
receiving State and otherwise promoting friendly relations
between them in accordance with the provisions of the
present Convention;
(c) ascertaining by all
lawful means conditions and developments in the commercial,
economic, cultural and scientific life of the receiving
State, reporting thereon to the Government of the sending
State and giving information to persons
interested;
(d) issuing passports and travel
documents to nationals of the sending State, and visas or
appropriate documents to persons wishing to travel to the
sending State;
(e) helping and assisting
nationals, both individuals and bodies corporate, of the
sending State;
(f) acting as notary and civil
registrar and in capacities of a similar kind, and
performing certain functions of an administrative nature,
provided that there is nothing contrary thereto in the laws
and regulations of the receiving State;
(g)
safeguarding the interests of nationals, both individuals
and bodies corporate, of the sending 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 with respect to such persons;
(i)
subject to the practices and procedures obtaining in the
receiving State, representing or arranging appropriate
representation for nationals of the sending State before the
tribunals and other authorities of the receiving State, for
the purpose of obtaining, in accordance with the laws and
regulations of the receiving State, provisional measures for
the preservation of the rights and interests of these
nationals, where, because of absence or any other reason,
such nationals are unable at the proper time to assume the
defence of their rights and interests;
(j)
transmitting judicial and extrajudicial documents or
executing letters rogatory or commissions to take evidence
for the courts of the sending State in accordance with
international agreements in force or, in the absence of such
international agreements, in any other manner compatible
with the laws and regulations of the receiving
State;
(k) exercising rights of supervision and
inspection provided for in the laws and regulations of the
sending State in respect of vessels having the nationality
of the sending State, and of aircraft registered in that
State, and in respect of their crews;
(l)
extending assistance to vessels and aircraft mentioned in
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 international
agreements in force between the sending State and the
receiving State.
Article
6
EXERCISE OF
CONSULAR FUNCTIONS OUTSIDE THE CONSULAR
DISTRICT
A consular officer may, in
special circumstances, with the consent of the receiving
State, exercise his functions outside his consular
district.
Article
7
EXERCISE OF CONSULAR
FUNCTIONS IN A THIRD STATE
The
sending State may, after notifying the States concerned,
entrust a consular post established in a particular State
with the exercise of consular functions in another State,
unless there is express objection by one of the States
concerned.
Article
8
EXERCISE OF CONSULAR
FUNCTIONS ON BEHALF OF A THIRD
STATE
Upon appropriate notification
to the receiving State, a consular post of the sending State
may, unless the receiving State objects, exercise consular
functions in the receiving State on behalf of a third
State.
Article
9
CLASSES OF HEADS OF
CONSULAR POSTS
1. Heads of consular
posts are divided into four classes, namely:
(a) consuls-general;
(b) consuls;
(c) vice-consuls;
(d) consular
agents.
2. Paragraph 1 of this Article in no
way restricts the right of any of the Contracting Parties to
fix the designation of consular officers other than the
heads of consular posts.
Article
10
APPOINTMENT AND ADMISSION
OF HEADS OF CONSULAR POSTS
1. Heads
of consular posts are appointed by the sending State and are
admitted to the exercise of their functions by the receiving
State.
2. Subject to the provisions of the
present Convention, the formalities for the appointment and
for the admission of the head of a consular post are
determined by the laws, regulations and usages of the
sending State and of the receiving State
respectively.
Article
11
THE CONSULAR COMMISSION OR NOTIFICATION OF
APPOINTMENT
1. The head of a consular
post shall be provided by the sending State with a document,
in the form of a commission or similar instrument, made out
for each appointment, certifying his capacity and showing,
as a general rule, his full name, his category and class,
the consular district and the seat of the consular
post.
2. The sending State shall transmit the
commission or similar instrument through the diplomatic or
other appropriate channel to the Government of the State in
whose territory the head of a consular post is to exercise
his functions.
3. If the receiving State
agrees, the sending State may, instead of a commission or
similar instrument, send to the receiving State a
notification containing the particulars required by
paragraph 1 of this Article.
Article
12
THE EXEQUATUR
1. The
head of a consular post is admitted to the exercise of his
functions by an authorization from the receiving State
termed an exequatur, whatever the form of this
authorization.
2. A State which 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
13
PROVISIONAL ADMISSION OF HEADS OF CONSULAR
POSTS
Pending delivery of the
exequatur, the head of a consular post may be admitted on a
provisional basis to the exercise of his functions. In that
case, the provisions of the present Convention shall
apply.
Article
14
NOTIFICATION TO THE AUTHORITIES OF THE
CONSULAR DISTRICT
As soon as the head
of a consular post is admitted even provisionally to the
exercise of his functions, the receiving State shall
immediately notify the competent authorities of the consular
district. It shall also ensure that the necessary measures
are taken to enable the head of a consular post to carry out
the duties of his office and to have the benefit of the
provisions of the present
Convention.
Article
15
TEMPORARY EXERCISE OF THE FUNCTIONS OF THE
HEAD OF A CONSULAR POST
1. If the
head of a consular post is unable to carry out his functions
or the position of head of consular post is vacant, an
acting head of post may act provisionally as head of the
consular post.
2. The full name of the acting
head of post shall be notified either by the diplomatic
mission of the sending State or, if that State has no such
mission in the receiving State, by the head of the consular
post, or, if he is unable to do so, by any competent
authority of the sending State, to the Ministry for Foreign
Affairs of the receiving State or to the authority
designated by that Ministry. As a general rule, this
notification shall be given in advance. The receiving State
may make the admission as acting head of post of a person
who is neither a diplomatic agent nor a
consular officer of the sending State in the receiving
State conditional on its consent.
3. The
competent authorities of the receiving State shall afford
assistance and protection to the acting head of post. While
he is in charge of the post, the provisions of the present
Convention shall apply to him on the same basis as to the
head of the consular post concerned. The receiving State
shall not, however, be obliged to grant to an acting head of
post any facility, privilege or immunity which the head of
the consular post enjoys only subject to conditions not
fulfilled by the acting head of post.
4. When,
in the circumstances referred to in paragraph 1 of this
Article, a member of the diplomatic staff of the diplomatic
mission of the sending State in the receiving State is
designated by the sending State as an acting head of post,
he shall, if the receiving State does not object thereto,
continue to enjoy diplomatic privileges and
immunities.
Article
16
PRECEDENCE AS BETWEEN HEADS OF CONSULAR
POSTS
1. Heads of consular posts
shall rank in each class according to the date of the grant
of the exequatur.
2. If, however, the head of a
consular post before obtaining the exequatur is admitted to
the exercise of his functions provisionally, his precedence
shall be determined according to the date of the provisional
admission; this precedence shall be maintained after the
granting of the exequatur.
3. The order of
precedence as between two or more heads of consular posts
who obtained the exequatur or provisional admission on the
same date shall be determined according to the dates on
which their commissions or similar instruments or the
notifications referred to in paragraph 3 of Article 11 were
presented to the receiving State.
4. Acting
heads of posts shall rank after all heads of consular posts
and, as between themselves, they shall rank according to the
dates on which they assumed their functions as acting heads
of posts as indicated in the notifications given under
paragraph 2 of Article 15.
5. Honorary consular
officers who are heads of consular posts shall rank in each
class after career heads of consular posts, in the order and
according to the rules laid down in the foregoing
paragraphs.
6. Heads of consular posts shall
have precedence over consular officers not having that
status.
Article
17
PERFORMANCE OF DIPLOMATIC ACTS BY CONSULAR
OFFICERS
1. In a State where the
sending State has no diplomatic mission and is not
represented by a diplomatic mission of a third State, a
consular officer may, with the consent of the receiving
State, and without affecting his consular status, be
authorized to perform diplomatic acts. The performance of
such acts by a consular officer shall not confer upon him
any right to claim diplomatic privileges and
immunities.
2. A consular officer may, after
notification addressed to the receiving State, act as
representative of the sending State to any
inter-governmental organization. When so acting, he shall be
entitled to enjoy any privileges and immunities accorded to
such a representative by customary international law or by
international agreements; however, in respect of the
performance by him of any consular function, he shall not be
entitled to any greater immunity from jurisdiction than that
to which a consular officer is entitled under the present
Convention.
Article
18
APPOINTMENT OF THE SAME PERSON BY TWO OR
MORE STATES AS A CONSULAR OFFICER
Two
or more States may, with the consent of the receiving State,
appoint the same person as a consular officer in that
State.
Article
19
APPOINTMENT OF MEMBERS OF CONSULAR
STAFF
1. Subject to the provisions of
Articles 20, 22 and 23, the sending State may freely appoint
the members of the consular staff.
2. The full
name, category and class of all consular officers, other
than the head of a consular post, shall be notified by the
sending State to the receiving State in sufficient time for
the receiving State, if it so wishes, to exercise its rights
under paragraph 3 of Article 23.
3. The sending
State may, if required by its laws and regulations, request
the receiving State to grant an exequatur to a consular
officer other than the head of a consular
post.
4. The receiving State may, if required
by its laws and regulations, grant an exequatur to a
consular officer other than the head of a consular
post.
Article 20
SIZE OF
THE CONSULAR STAFF
In the absence of
an express agreement as to the size of the consular staff,
the receiving State may require that the size of the staff
be kept within limits considered by it to be reasonable and
normal, having regard to circumstances and conditions in the
consular district and to the needs of the particular
post.
Article
21
PRECEDENCE AS BETWEEN CONSULAR OFFICERS OF A
CONSULAR POST
The order of precedence
as between the consular officers of a consular post and any
change thereof shall be notified by the diplomatic mission
of the sending State or, if that State has no such mission
in the receiving State, by the head of the consular post, to
the Ministry for Foreign Affairs of the receiving State or
to the authority designated by that
Ministry.
Article
22
NATIONALITY OF CONSULAR
OFFICERS
1. Consular officers should,
in principle, have the nationality of the sending
State.
2. Consular officers may not be
appointed from among persons having the nationality of the
receiving State except with the express consent of that
State which may be withdrawn at any time.
3.
The receiving State may reserve the same right with regard
to nationals of a third State who are not also nationals of
the sending State.
Article
23
PERSONS DECLARED "NON
GRATA"
1. The receiving State
may at any time notify the sending State that a consular
officer is persona non grata or that any other member of the
consular staff is not acceptable. In that event, the sending
State shall, as the case may be, either recall the person
concerned or terminate his functions with the consular
post.
2. If the sending State refuses or fails
within a reasonable time to carry out its obligations under
paragraph 1 of this Article, the receiving State may, as the
case may be, either withdraw the exequatur from the person
concerned or cease to consider him as a member of the
consular staff.
3. A person appointed as a
member of a consular post may be declared unacceptable
before arriving in the territory of the receiving State or,
if already in the receiving State, before entering on his
duties with the consular post. In any such case, the sending
State shall withdraw his appointment.
4.
In the cases mentioned in paragraphs 1 and 3 of this
Article, the receiving State is not obliged to give to the
sending State reasons for its
decision.
Article
24
NOTIFICATION TO THE RECEIVING STATE OF
APPOINTMENTS, ARRIVALS AND
DEPARTURES
1. The Ministry for
Foreign Affairs of the receiving State or the authority
designated by that Ministry shall be notified
of:
(a) the appointment of members of a
consular post, their arrival after appointment to the
consular post, their final departure or the termination of
their functions and any other changes affecting their status
that may occur in the course of their service with the
consular post;
(b) the arrival and final
departure of a person belonging to the family of a member of
a consular post forming part of his household and, where
appropriate, the fact that a person becomes or ceases to be
such a member of the family;
(c) the arrival
and final departure of members of the private staff and,
where appropriate, the termination of their service as
such;
(d) the engagement and discharge of
persons resident in the receiving State as members of a
consular post or as members of the private staff entitled to
privileges and immunities.
2. When possible,
prior notification of arrival and final departure shall also
be given.
Section II
END
OF CONSULAR
FUNCTIONS
Article
25
TERMINATION OF THE FUNCTIONS OF A MEMBER OF
A CONSULAR POST
The functions of a
member of a consular post shall come to an end inter
alia:
(a) on notification by the sending State
to the receiving State that his functions have come to an
end;
(b) on withdrawal of the
exequatur;
(c) on notification by the receiving
State to the sending State that the receiving State has
ceased to consider him as a member of the consular
staff.
Article
26
DEPARTURE FROM THE TERRITORY OF THE
RECEIVING STATE
The receiving State
shall, even in case of armed conflict, grant to members of
the consular post and members of the private staff, other
than nationals of the receiving State, and to members of
their families forming part of their households irrespective
of nationality, the necessary time and facilities to enable
them to prepare their departure and to leave at the earliest
possible moment after the termination of the functions of
the members concerned. In particular, it shall, in case of
need, place at their disposal the necessary means of
transport for themselves and their property other than
property acquired in the receiving State the export of which
is prohibited at the time of
departure.
Article
27
PROTECTION OF CONSULAR PREMISES AND ARCHIVES
AND OF THE INTERESTS OF THE SENDING STATE IN
EXCEPTIONAL CIRCUMSTANCES
1. In the event of
the severance of consular relations between two
States:
(a) the receiving State shall, even in
case of armed conflict, respect and protect the consular
premises, together with the property of the consular post
and the consular archives;
(b) the sending
State may entrust the custody of the consular premises,
together with the property contained therein and the
consular archives, to a third State acceptable to the
receiving State;
(c) the sending State may
entrust the protection of its interests and those of its
nationals to a third State acceptable to the receiving
State.
2. In the event of the temporary or
permanent closure of a consular post, the provisions of
sub-paragraph (a) of paragraph 1 of this Article shall
apply. In addition,
(a) if the sending State,
although not represented in the receiving State by a
diplomatic mission, has another consular post in the
territory of that State, that consular post may be entrusted
with the custody of the premises of the consular post which
has been closed, together with the property contained
therein and the consular archives, and, with the consent of
the receiving State, with the exercise of consular functions
in the district of that consular post; or (b) if the sending
State has no diplomatic mission and no other consular post
in the receiving State, the provisions of sub-paragraphs (b)
and (c) of paragraph 1 of this Article shall
apply.
CHAPTER
II
FACILITIES, PRIVILEGES AND
IMMUNITIES
RELATING TO CONSULAR POSTS, CAREER
CONSULAR OFFICERS
AND OTHER MEMBERS OF A
CONSULAR POST
Section
I
FACILITIES, PRIVILEGES AND
IMMUNITIES
RELATING TO A CONSULAR
POST
Article
28
FACILITIES FOR THE WORK OF THE CONSULAR
POST
The receiving State shall accord
full facilities for the performance of the functions of the
consular post.
Article
29
USE OF NATIONAL FLAG AND
COAT-OF-ARMS
1. The sending State
shall have the right to the use of its national flag and
coat-of-arms in the receiving State in accordance with the
provisions of this Article.
2. The national
flag of the sending State may be flown and its coat-of-arms
displayed on the building occupied by the consular post and
at the entrance door thereof, on the residence of the head
of the consular post and on his means of transport when used
on official business.
3. In the exercise of the
right accorded by this Article regard shall be had to the
laws, regulations and usages of the receiving
State.
Article
30
ACCOMMODATION
1. The
receiving State shall either facilitate the acquisition on
its territory, in accordance with its laws and regulations,
by the sending State of premises necessary for its consular
post or assist the latter in obtaining accommodation in some
other way.
2. It shall also, where necessary,
assist the consular post in obtaining suitable accommodation
for its members.
Article
31
INVIOLABILITY OF THE CONSULAR
PREMISES
1. Consular premises shall
be inviolable to the extent provided in this
Article.
2. The authorities of the receiving
State shall not enter that part of the consular premises
which is used exclusively for the purpose of the work of the
consular post except with the consent of the head of the
consular post or of his designee or of the head of the
diplomatic mission of the sending State. The consent
of the head of the consular post may, however, be assumed in
case of fire or other disaster requiring prompt protective
action.
3. Subject to the provisions of
paragraph 2 of this Article, the receiving State is under a
special duty to take all appropriate steps to protect the
consular premises against any intrusion or damage and to
prevent any disturbance of the peace of the consular post or
impairment of its dignity.
4. The consular
premises, their furnishings, the property of the consular
post and its means of transport shall be immune from any
form of requisition for purposes of national defence or
public utility. If expropriation is necessary for such
purposes, all possible steps shall be taken to avoid
impeding the performance of consular functions, and prompt,
adequate and effective compensation shall be paid to the
sending State.
Article
32
EXEMPTION FROM TAXATION OF CONSULAR
PREMISES
1. Consular premises and the
residence of the career head of consular post of which the
sending State or any person acting on its behalf is the
owner or lessee shall be exempt from all national, regional
or municipal dues and taxes whatsoever, other than such as
represent payment for specific services
rendered.
2. The exemption from taxation
referred to in paragraph 1 of this Article shall not apply
to such dues and taxes if, under the law of the receiving
State, they are payable by the person who contracted with
the sending State or with the person acting on its
behalf.
Article
33
INVIOLABILITY OF THE CONSULAR ARCHIVES AND
DOCUMENTS
The consular archives and
documents shall be inviolable at all times and wherever they
may be.
Article
34
FREEDOM OF
MOVEMENT
Subject to its laws and
regulations concerning zones entry into which is prohibited
or regulated for reasons of national security, the receiving
State shall ensure freedom of movement and travel in its
territory to all members of the consular
post.
Article 35
FREEDOM
OF COMMUNICATION
1. The receiving
State shall permit and protect freedom of communication on
the part of the consular post for all official purposes. In
communicating with the Government, the diplomatic missions
and other consular posts, wherever situated, of the sending
State, the consular post may employ all appropriate means,
including diplomatic or consular couriers, diplomatic or
consular bags and messages in code or cipher. However, the
consular post may install and use a wireless transmitter
only with the consent of the receiving
State.
2. The official correspondence of the
consular post shall be inviolable. Official correspondence
means all correspondence relating to the consular post and
its functions.
3. The consular bag shall be
neither opened nor detained. Nevertheless, if the competent
authorities of the receiving State have serious reason to
believe that the bag contains something other than the
correspondence, documents or articles referred to in
paragraph 4 of this Article, they may request that the bag
be opened in their presence by an authorized representative
of the sending State. If this request is refused by the
authorities of the sending State, the bag shall be returned
to its place of origin.
4. The packages
constituting the consular bag shall bear visible external
marks of their character and may contain only official
correspondence and documents or articles intended
exclusively for official use.
5. The consular
courier shall be provided with an official document
indicating his status and the number of packages
constituting the consular bag. Except with the consent of
the receiving State he shall be neither a national of the
receiving State, nor, unless he is a national of the sending
State, a permanent resident of the receiving State. In the
performance of his functions he shall be protected by the
receiving State. He shall enjoy personal inviolability and
shall not be liable to any form of arrest or
detention.
6. The sending State, its diplomatic
missions and its consular posts may designate consular
couriers ad hoc. In such cases the provisions of paragraph 5
of this Article shall also apply except that the immunities
therein mentioned shall cease to apply when such a courier
has delivered to the consignee the consular bag in his
charge.
7. A consular bag may be entrusted to
the captain of a ship or of a commercial aircraft scheduled
to land at an authorized port of entry. He shall be provided
with an official document indicating the number of packages
constituting the bag, but he shall not be considered to be a
consular courier. By arrangement with the appropriate local
authorities, the consular post may send one of its members
to take possession of the bag directly and freely from the
captain of the ship or of the
aircraft.
Article
36
COMMUNICATION AND CONTACT WITH NATIONALS OF
THE SENDING STATE
1. With a view to
facilitating the exercise of consular functions relating to
nationals of the sending State:
(a) consular
officers shall be free to communicate with nationals of the
sending State and to have access to them. Nationals of the
sending State shall have the same freedom with respect to
communication with and access to consular officers of the
sending State;
(b) if he so requests, the
competent authorities of the receiving State shall, without
delay, inform the consular post of the sending State if,
within its consular district, a national of that State is
arrested or committed to prison or to custody pending trial
or is detained in any other manner. Any communication
addressed to the consular post by the person arrested, in
prison, custody or detention shall also be forwarded by the
said authorities without delay. The said authorities shall
inform the person concerned without delay of his rights
under this sub-paragraph;
(c) consular officers
shall have the right to visit a national of the sending
State who is in prison, custody or detention, to converse
and correspond with him and to arrange for his legal
representation. They shall also have the right to visit any
national of the sending State who is in prison, custody or
detention in their district in pursuance of a judgment.
Nevertheless, consular officers shall refrain from taking
action on behalf of a national who is in prison, custody or
detention if he expressly opposes such
action.
2. The rights referred to in paragraph
1 of this Article shall be exercised in conformity with the
laws and regulations of the receiving State, subject to the
proviso, however, that the said laws and regulations must
enable full effect to be given to the purposes for which the
rights accorded under this Article are
intended.
Article
37
INFORMATION IN CASES OF DEATHS, GUARDIANSHIP
OR TRUSTEESHIP, WRECKS AND AIR
ACCIDENTS
If the relevant information
is available to the competent authorities of the receiving
State, such authorities shall have the
duty:
(a) in the case of the death of a
national of the sending State, to inform without delay the
consular post in whose district the death
occurred;
(b) to inform the competent consular
post without delay of any case where the appointment of a
guardian or trustee appears to be in the interests of a
minor or other person lacking full capacity who is a
national of the sending State. The giving of this
information shall, however, be without prejudice to the
operation of the laws and regulations of the receiving State
concerning such appointments;
(c) if a vessel,
having the nationality of the sending State, is wrecked or
runs aground in the territorial sea or internal waters of
the receiving State, or if an aircraft registered in the
sending State suffers an accident on the territory of the
receiving State, to inform without delay the consular post
nearest to the scene of the
occurrence.
Article
38
COMMUNICATION WITH THE AUTHORITIES OF THE
RECEIVING STATE
In the exercise of
their functions, consular officers may
address:
(a) the competent local authorities of
their consular district;
(b) the competent
central authorities of the receiving State if and to the
extent that this is allowed by the laws, regulations and
usages of the receiving State or by the relevant
international agreements.
Article
39
CONSULAR FEES AND
CHARGES
1. The consular post may levy
in the territory of the receiving State the fees and charges
provided by the laws and regulations of the sending State
for consular acts.
2. The sums collected in the
form of the fees and charges referred to in paragraph 1 of
this Article, and the receipts for such fees and charges,
shall be exempt from all dues and taxes in the receiving
State.
Section
II
FACILITIES, PRIVILEGES AND
IMMUNITIES
RELATING TO CAREER CONSULAR
OFFICERS
AND OTHER MEMBERS OF A CONSULAR
POST
Article
40
PROTECTION OF CONSULAR
OFFICERS
The receiving State shall
treat consular officers with due respect and shall take all
appropriate steps to prevent any attack on their person,
freedom or dignity.
Article
41
PERSONAL INVIOLABILITY OF CONSULAR
OFFICERS
1. Consular officers shall
not be liable to arrest or detention pending trial, except
in the case of a grave crime and pursuant to a decision by
the competent judicial authority.
2. Except in
the case specified in paragraph 1 of this Article, consular
officers shall not be committed to prison or liable to any
other form of restriction on their personal freedom save in
execution of a judicial decision of final
effect.
3. If criminal proceedings are
instituted against a consular officer, he must
appear before the competent authorities. Nevertheless, the
proceedings shall be conducted with the respect due to him
by reason of his official position and, except in the case
specified in paragraph 1 of this Article, in a manner which
will hamper the exercise of consular functions as little as
possible. When, in the circumstances mentioned in paragraph
1 of this Article, it has become necessary to detain a
consular officer, the proceedings against him shall be
instituted with the minimum of
delay.
Article
42
NOTIFICATION OF ARREST, DETENTION OR
PROSECUTION
In the event of the
arrest or detention, pending trial, of a member of the
consular staff, or of criminal proceedings being instituted
against him, the receiving State shall promptly notify the
head of the consular post. Should the latter be himself the
object of any such measure, the receiving State shall notify
the sending State through the diplomatic
channel.
Article
43
IMMUNITY FROM
JURISDICTION
1. Consular officers and
consular employees shall not be amenable to the jurisdiction
of the judicial or administrative authorities of the
receiving State in respect of acts performed in the exercise
of consular functions.
2. The provisions of
paragraph 1 of this Article shall not, however, apply in
respect of a civil action either:
(a) arising
out of a contract concluded by a consular officer or a
consular employee in which he did not contract expressly or
impliedly as an agent of the sending State;
or
(b) by a third party for damage arising from
an accident in the receiving State caused by a vehicle,
vessel or aircraft.
Article
44
LIABILITY TO GIVE
EVIDENCE
1. Members of a consular
post may be called upon to attend as witnesses in the course
of judicial or administrative proceedings. A consular
employee or a member of the service staff shall not, except
in the cases mentioned in paragraph 3 of this Article,
decline to give evidence. If a consular officer should
decline to do so, no coercive measure or penalty may be
applied to him.
2. The authority requiring the
evidence of a consular officer shall avoid interference with
the performance of his functions. It may, when possible,
take such evidence at his residence or at the consular post
or accept a statement from him in writing.
3.
Members of a consular post are under no obligation to give
evidence concerning matters connected with the exercise of
their functions or to produce official correspondence and
documents relating thereto. They are also entitled to
decline to give evidence as expert witnesses with regard to
the law of the sending State.
Article
45
WAIVER OF PRIVILEGES AND
IMMUNITIES
1. The sending State may
waive, with regard to a member of the consular post, any of
the privileges and immunities provided for in Articles 41,
43 and 44.
2. The waiver shall in all cases be
express, except as provided in paragraph 3 of this Article,
and shall be communicated to the receiving State in
writing.
3. The initiation of proceedings by a
consular officer or a consular employee in a matter where he
might enjoy immunity from jurisdiction under Article 43
shall preclude him from invoking immunity from jurisdiction
in respect of any counter-claim directly connected with the
principal claim.
4. The waiver of immunity from
jurisdiction for the purposes of civil or administrative
proceedings shall not be deemed to imply the waiver of
immunity from the measures of execution resulting from the
judicial decision; in respect of such measures, a separate
waiver shall be necessary.
Article
46
EXEMPTION FROM REGISTRATION OF ALIENS AND
RESIDENCE PERMITS
1. Consular
officers and consular employees and members of their
families forming part of their households shall be exempt
from all obligations under the laws and regulations of the
receiving State in regard to the registration of aliens and
residence permits.
2. The provisions of
paragraph 1 of this Article shall not, however, apply to any
consular employee who is not a permanent employee of the
sending State or who carries on any private gainful
occupation in the receiving State or to any member of the
family of any such employee.
Article
47
EXEMPTION FROM WORK
PERMITS
1. Members of the consular
post shall, with respect to services rendered for the
sending State, be exempt from any obligations in regard to
work permits imposed by the laws and regulations of the
receiving State concerning the employment of foreign
labour.
2. Members of the private staff of
consular officers and of consular employees shall, if they
do not carry on any other gainful occupation in the
receiving State, be exempt from the obligations referred to
in paragraph 1 of this
Article.
Article
48
SOCIAL SECURITY
EXEMPTION
1. Subject to the
provisions of paragraph 3 of this Article, members of the
consular post with respect to services rendered by them for
the sending State, and members of their families forming
part of their households, shall be exempt from social
security provisions which may be in force in the receiving
State.
2. The exemption provided for in
paragraph 1 of this Article shall apply also to members of
the private staff who are in the sole employ of members of
the consular post, on condition:
(a) that they
are not nationals of or permanently resident in the
receiving State; and
(b) that they are covered
by the social security provisions which are in force in the
sending State or a third State.
3. Members of
the consular post who employ persons to whom the exemption
provided for in paragraph 2 of this Article does not apply
shall observe the obligations which the social security
provisions of the receiving State impose upon
employers.
4. The exemption provided for in
paragraphs 1 and 2 of this Article shall not preclude
voluntary participation in the social security system of the
receiving State, provided that such participation is
permitted by that State.
Article
49
EXEMPTION FROM
TAXATION
1. Consular officers and
consular employees and members of their families forming
part of their households shall be exempt from all dues and
taxes, personal or real, national, regional or municipal,
except:
(a) indirect taxes of a kind which are
normally incorporated in the price of goods or
services;
(b) dues or taxes on private
immovable property situated in the territory of the
receiving State, subject to the provisions of Article
32;
(c) estate, succession or inheritance
duties, and duties on transfers, levied by the receiving
State, subject to the provisions of
paragraph
(b) of Article 51;
(d)
dues and taxes on private income, including capital gains,
having its source in the receiving State and capital taxes
relating to investments made in commercial or financial
undertakings in the receiving State;
(e)
charges levied for specific services
rendered;
(f) registration, court or record
fees, mortgage dues and stamp duties, subject to the
provisions of Article 32.
2. Members of the
service staff shall be exempt from dues and taxes on the
wages which they receive for their services.
3.
Members of the consular post who employ persons whose wages
or salaries are not exempt from income tax in the receiving
State shall observe the obligations which the laws and
regulations of that State impose upon employers concerning
the levying of income tax.
Article
50
EXEMPTION FROM CUSTOMS DUTIES AND
INSPECTION
1. The receiving State
shall, in accordance with such laws and regulations as it
may adopt, permit entry of and grant exemption from all
customs duties, taxes, and related charges other than
charges for storage, cartage and similar services,
on:
(a) articles for the official use of the
consular post;
(b) articles for the personal
use of a consular officer or members of his family forming
part of his household, including articles intended for his
establishment. The articles intended for consumption shall
not exceed the quantities necessary for direct utilization
by the persons concerned.
2. Consular employees
shall enjoy the privileges and exemptions specified in
paragraph 1 of this Article in respect of articles imported
at the time of first installation.
3. Personal
baggage accompanying consular officers and members of their
families forming part of their households shall be exempt
from inspection. It may be inspected only if there is
serious reason to believe that it contains articles other
than those referred to in sub-paragraph (b) of paragraph 1
of this Article, or articles the import or export of which
is prohibited by the laws and regulations of the receiving
State or which are subject to its quarantine laws and
regulations. Such inspection shall be carried out in the
presence of the consular officer or member of his family
concerned.
Article
51
ESTATE OF A MEMBER OF THE CONSULAR
POST
OR OF A MEMBER OF HIS
FAMILY
In the event of the death of a
member of the consular post or of a member of his family
forming part of his household, the receiving
State:
(a) shall permit the export of the
movable property of the deceased, with the exception of any
such property acquired in the receiving State the export of
which was prohibited at the time of his
death;
(b) shall not levy national, regional or
municipal estate, succession or inheritance duties, and
duties on transfers, on movable property the presence of
which in the receiving State was due solely to the presence
in that State of the deceased as a member of the consular
post or as a member of the family of a member of the
consular post.
Article
52
EXEMPTION FROM PERSONAL SERVICES AND
CONTRIBUTIONS
The receiving State
shall exempt members of the consular post and members of
their families forming part of their households from all
personal services, from all public service of any kind
whatsoever, and from military obligations such as those
connected with requisitioning, military contributions and
billeting.
Article
53
BEGINNING AND END OF CONSULAR PRIVILEGES AND
IMMUNITIES
1. Every member of the
consular post shall enjoy the privileges and immunities
provided in the present Convention from the moment he enters
the territory of the receiving State on proceeding to take
up his post or, if already in its territory, from the moment
when he enters on his duties with the consular
post.
2. Members of the family of a member of
the consular post forming part of his household and members
of his private staff shall receive the privileges and
immunities provided in the present Convention from the date
from which he enjoys privileges and immunities in accordance
with paragraph 1 of this Article or from the date of their
entry into the territory of the receiving State or from the
date of their becoming a member of such family or private
staff, whichever is the latest.
3. When the
functions of a member of the consular post have come to an
end, his privileges and immunities and those of a member of
his family forming part of his household or a member of his
private staff shall normally cease at the moment when the
person concerned leaves the receiving State or on the expiry
of a reasonable period in which to do so, whichever is the
sooner, but shall subsist until that time, even in case of
armed conflict. In the case of the persons referred to in
paragraph 2 of this Article, their privileges and immunities
shall come to an end when they cease to belong to the
household or to be in the service of a member of the
consular post provided, however, that if such persons intend
leaving the receiving State within a reasonable period
thereafter, their privileges and immunities shall subsist
until the time of their departure.
4. However,
with respect to acts performed by a consular officer or a
consular employee in the exercise of his functions, immunity
from jurisdiction shall continue to subsist without
limitation of time.
5. In the event of the
death of a member of the consular post, the members of his
family forming part of his household shall continue to enjoy
the privileges and immunities accorded to them until they
leave the receiving State or until the expiry of a
reasonable period enabling them to do so, whichever is
the sooner.
Article
54
OBLIGATIONS OF THIRD
STATES
1. If a consular officer
passes through or is in the territory of a third State,
which has granted him a visa if a visa was necessary, while
proceeding to take up or return to his post or when
returning to the sending State, the third State shall accord
to him all immunities provided for by the other Articles of
the present Convention as may be required to ensure his
transit or return. The same shall apply in the case of any
member of his family forming part of his household enjoying
such privileges and immunities who are accompanying the
consular officer or travelling separately to join him or to
return to the sending State.
2. In
circumstances similar to those specified in paragraph 1 of
this Article, third States shall not hinder the transit
through their territory of other members of the consular
post or of members of their families forming part of their
households.
3. Third States shall accord to
official correspondence and to other official communications
in transit, including messages in code or cipher, the same
freedom and protection as the receiving State is bound to
accord under the present Convention. They shall accord to
consular couriers who have been granted a visa, if a visa
was necessary, and to consular bags in transit, the same
inviolability and protection as the receiving State is bound
to accord under the present Convention.
4. The
obligations of third States under paragraphs 1, 2 and 3 of
this Article shall also apply to the persons mentioned
respectively in those paragraphs, and to official
communications and to consular bags, whose presence in the
territory of the third State is due to force
majeure.
Article
55
RESPECT FOR THE LAWS AND REGULATIONS OF THE
RECEIVING STATE
1. Without prejudice
to their privileges and immunities, it is the duty of all
persons enjoying such privileges and immunities to respect
the laws and regulations of the receiving State. They also
have a duty not to interfere in the internal affairs of that
State.
2. The consular premises shall not be
used in any manner incompatible with the exercise of
consular functions.
3. The provisions of
paragraph 2 of this Article shall not exclude the
possibility of offices of other institutions or agencies
being installed in part of the building in which the
consular premises are situated, provided that the premises
assigned to them are separate from those used by the
consular post. In that event, the said offices shall not,
for the purposes of the present Convention, be considered to
form part of the consular
premises.
Article
56
INSURANCE AGAINST THIRD PARTY
RISKS
Members of the consular post
shall comply with any requirement imposed by the laws and
regulations of the receiving State in respect of insurance
against third party risks arising from the use of any
vehicle, vessel or aircraft.
Article
57
SPECIAL PROVISIONS CONCERNING PRIVATE
GAINFUL OCCUPATION
1. Career consular
officers shall not carry on for personal profit any
professional or commercial activity in the receiving
State.
2. Privileges and immunities provided in
this Chapter shall not be accorded:
(a) to
consular employees or to members of the service staff who
carry on any private gainful occupation in the receiving
State;
(b) to members of the family of a person
referred to in sub-paragraph (a) of this paragraph or to
members of his private staff;
(c) to members of
the family of a member of a consular post who themselves
carry on any private gainful occupation in the receiving
State.
CHAPTER III
REGIME
RELATING TO HONORARY CONSULAR OFFICERS
AND
CONSULAR POSTS HEADED BY SUCH
OFFICERS
Article
58
GENERAL PROVISIONS RELATING TO
FACILITIES,
PRIVILEGES AND
IMMUNITIES
1. Articles 28, 29, 30,
34, 35, 36, 37, 38 and 39, paragraph 3 of Article 54 and
paragraphs 2 and 3 of Article 55 shall apply to consular
posts headed by an honorary consular officer. In addition,
the facilities, privileges and immunities of such consular
posts shall be governed by Articles 59, 60, 61 and
62.
2. Articles 42 and 43, paragraph 3 of
Article 44, Articles 45 and 53 and paragraph 1 of Article 55
shall apply to honorary consular officers. In addition, the
facilities, privileges and immunities of such consular
officers shall be governed by Articles 63, 64, 65, 66 and
67.
3. Privileges and immunities provided in
the present Convention shall not be accorded to members of
the family of an honorary consular officer or of a consular
employee employed at a consular post headed by an honorary
consular officer.
4. The exchange of consular
bags between two consular posts headed by honorary consular
officers in different States shall not be allowed without
the consent of the two receiving States
concerned.
Article
59
PROTECTION OF THE CONSULAR
PREMISES
The receiving State shall
take such steps as may be necessary to protect the consular
premises of a consular post headed by an honorary consular
officer against any intrusion or damage and to prevent any
disturbance of the peace of the consular post or impairment
of its dignity.
Article
60
EXEMPTION FROM TAXATION OF CONSULAR
PREMISES
1. Consular premises of a
consular post headed by an honorary consular officer of
which the sending State is the owner or lessee shall be
exempt from all national, regional or municipal dues and
taxes whatsoever, other than such as represent payment for
specific services rendered.
2. The exemption
from taxation referred to in paragraph 1 of this Article
shall not apply to such dues and taxes if, under the laws
and regulations of the receiving State, they are payable by
the person who contracted with the sending
State.
Article
61
INVIOLABILITY OF CONSULAR ARCHIVES AND
DOCUMENTS
The consular archives and
documents of a consular post headed by an honorary consular
officer shall be inviolable at all times and wherever they
may be, provided that they are kept separate from other
papers and documents and, in particular, from the private
correspondence of the head of a consular post and of any
person working with him, and from the materials, books or
documents relating to their profession or
trade.
Article
62
EXEMPTION FROM CUSTOMS
DUTIES
The receiving State shall, in
accordance with such laws and regulations as it may adopt,
permit entry of, and grant exemption from all customs
duties, taxes, and related charges other than charges for
storage, cartage and similar services on the following
articles, provided that they are for the official use of a
consular post headed by an honorary consular officer:
coats-of-arms, flags, signboards, seals and stamps, books,
official printed matter, office furniture, office equipment
and similar articles supplied by or at the instance of the
sending State to the consular
post.
Article 63
CRIMINAL
PROCEEDINGS
If criminal proceedings
are instituted against an honorary consular officer, he must
appear before the competent authorities. Nevertheless, the
proceedings shall be conducted with the respect due to him
by reason of his official position and, except when he is
under arrest or detention, in a manner which will hamper the
exercise of consular functions as little as possible. When
it has become necessary to detain an honorary consular
officer, the proceedings against him shall be instituted
with the minimum of delay.
Article
64
PROTECTION OF HONORARY CONSULAR
OFFICERS
The receiving State is under
a duty to accord to an honorary consular officer such
protection as may be required by reason of his official
position.
Article
65
EXEMPTION FROM REGISTRATION OF ALIENS AND
RESIDENCE PERMITS
Honorary consular
officers, with the exception of those who carry on for
personal profit any professional or commercial activity in
the receiving State, shall be exempt from all obligations
under the laws and regulations of the receiving State in
regard to the registration of aliens and residence
permits.
Article
66
EXEMPTION FROM
TAXATION
An honorary consular officer
shall be exempt from all dues and taxes on the remuneration
and emoluments which he receives from the sending State in
respect of the exercise of consular
functions.
Article
67
EXEMPTION FROM PERSONAL SERVICES AND
CONTRIBUTIONS
The receiving State
shall exempt honorary consular officers from all personal
services and from all public services of any kind whatsoever
and from military obligations such as those connected with
requisitioning, military contributions and
billeting.
Article
68
OPTIONAL CHARACTER OF THE
INSTITUTION
OF HONORARY CONSULAR
OFFICERS
Each State is free to decide
whether it will appoint or receive honorary consular
officers.
CHAPTER
IV
GENERAL
PROVISIONS
Article
69
CONSULAR AGENTS WHO ARE NOT HEADS OF
CONSULAR POSTS
1. Each State is free
to decide whether it will establish or admit consular
agencies conducted by consular agents not designated as
heads of consular post by the sending State.
2.
The conditions under which the consular agencies referred to
in paragraph 1 of this Article may carry on their activities
and the privileges and immunities which may be enjoyed by
the consular agents in charge of them shall be determined by
agreement between the sending State and the receiving
State.
Article
70
EXERCISE OF CONSULAR FUNCTIONS BY DIPLOMATIC
MISSIONS
1. The provisions of the
present Convention apply also, so far as the context
permits, to the exercise of consular functions by a
diplomatic mission.
2. The names of members of
a diplomatic mission assigned to the consular section or
otherwise charged with the exercise of the consular
functions of the mission shall be notified to the Ministry
for Foreign Affairs of the receiving State or to the
authority designated by that Ministry.
3. In
the exercise of consular functions a diplomatic mission may
address:
(a) the local authorities of the
consular district;
(b) the central authorities
of the receiving State if this is allowed by the laws,
regulations and usages of the receiving State or by relevant
international agreements.
4. The privileges and
immunities of the members of a diplomatic mission referred
to in paragraph 2 of this Article shall continue to be
governed by the rules of international law concerning
diplomatic relations.
Article
71
NATIONALS OR PERMANENT RESIDENTS OF THE
RECEIVING STATE
1. Except in so far
as additional facilities, privileges and immunities may be
granted by the receiving State, consular officers who are
nationals of or permanently resident in the receiving State
shall enjoy only immunity from jurisdiction and personal
inviolability in respect of official acts performed in the
exercise of their functions, and the privilege provided in
paragraph 3 of Article 44. So far as these consular officers
are concerned, the receiving State shall likewise be bound
by the obligation laid down in Article 42. If criminal
proceedings are instituted against such a consular officer,
the proceedings shall, except when he is under arrest or
detention, be conducted in a manner which will hamper the
exercise of consular functions as little as
possible.
2. Other members of the consular post
who are nationals of or permanently resident in the
receiving State and members of their families, as well as
members of the families of consular officers referred to in
paragraph 1 of this Article, shall enjoy facilities,
privileges and immunities only in so far as these are
granted to them by the receiving State. Those members of the
families of members of the consular post and those members
of the private staff who are themselves nationals of or
permanently resident in the receiving State shall likewise
enjoy facilities, privileges and immunities only in so far
as these are granted to them by the receiving State. The
receiving State shall, however, exercise its jurisdiction
over those persons in such a way as not to hinder unduly the
performance of the functions of the consular
post.
Article
72
NON-DISCRIMINATION
1.
In the application of the provisions of the present
Convention the receiving State shall not discriminate as
between States.
2. However, discrimination
shall not be regarded as taking place:
(a)
where the receiving State applies any of the provisions of
the present Convention restrictively because of a
restrictive application of that provision to its consular
posts in the sending State;
(b) where by custom
or agreement States extend to each other more favourable
treatment than is required by the provisions of the present
Convention.
Article
73
RELATIONSHIP BETWEEN THE PRESENT
CONVENTION
AND OTHER INTERNATIONAL
AGREEMENTS
1. The provisions of the
present Convention shall not affect other international
agreements in force as between States parties to
them.
2. Nothing in the present Convention
shall preclude States from concluding international
agreements confirming or supplementing or extending or
amplifying the provisions
thereof.
CHAPTER V
FINAL
PROVISIONS
Article
74
SIGNATURE
The present
Convention shall be open for signature by all States Members
of the United Nations or of any of the specialized agencies
or Parties to the Statute of the International Court of
Justice, and by any other State invited by the General
Assembly of the United Nations to become a Party to the
Convention, as follows until 31 October 1963 at the Federal
Ministry for Foreign Affairs of the Republic of Austria and
subsequently, until 31 March 1964, at the United Nations
Headquarters in New York.
Article
75
RATIFICATION
The
present Convention is subject to ratification. The
instruments of ratification shall be deposited with the
Secretary-General of the United
Nations.
Article
76
ACCESSION
The present
Convention shall remain open for accession by any State
belonging to any of the four categories mentioned in Article
74. The instruments of accession shall be deposited with the
Secretary-General of the United
Nations.
Article 77
ENTRY
INTO FORCE
1. The present Convention
shall enter into force on the thirtieth day following the
date of deposit of the twenty-second instrument of
ratification or accession with the Secretary-General of the
United Nations.
2. For each State ratifying or
acceding to the Convention after the deposit of the
twenty-second instrument of ratification or accession, the
Convention shall enter into force on the thirtieth day after
deposit by such State of its instrument of ratification or
accession.
Article
78
NOTIFICATIONS BY THE
SECRETARY-GENERAL
The
Secretary-General of the United Nations shall inform all
States belonging to any of the four categories mentioned in
Article 74:
(a) of signatures to the present
Convention and of the deposit of instruments of
ratification or accession, in accordance with Articles 74,
75 and 76;
(b) of the date on which the present
Convention will enter into force, in accordance with Article
77.
Article 79
AUTHENTIC
TEXTS
The original of the present
Convention, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited
with the Secretary-General of the United Nations, who shall
send certified copies there of to all States belonging to
any of the four categories mentioned in Article
74.
IN WITNESS WHEREOF the undersigned
Plenipotentiaries, being duly authorized there to by their
respective Governments, have signed the present
Convention.
DONE at Vienna, this twenty-fourth
day of April, one thousand nine hundred and
sixty-three.
OPTIONAL PROTOCOL TO THE VIENNA
CONVENTION ON CONSULAR RELATIONS
CONCERNING
ACQUISITION OF NATIONALITY. DONE AT
VIENNA, ON 24 APRIL
1963
Preample
The States Parties
to the present Protocol and to the Vienna Convention on
Consular Relations, hereinafter referred to as "the
Convention", adopted by the United Nations Conference
held at Vienna from 4 March to 22 April
1963,
Expressing their wish to establish rules
between them concerning acquisition of nationality by
members of the consular post and by members of their
families forming part of their households, Have agreed as
follows:
Article
I
For the purposes of the present
Protocol, the expression "members of the consular
post" shall have the meaning assigned to it in
sub-paragraph (g) of paragraph 1 of Article 1 of the
Convention, namely, "consular officers, consular
employees and members of the service
staff".
Article
II
Members of the consular post not
being nationals of the receiving State, and members of their
families forming part of their households, shall not, solely
by the operation of the law of the receiving State, acquire
the nationality of that State.
Article
III
The present Protocol shall be
open for signature by all States which may become Parties to
the Convention, as follows: until 31 October 1963 at the
Federal Ministry for Foreign Affairs of the Republic of
Austria and, subsequently, until 31 March 1964, at the
United Nations Headquarters in New
York.
Article
IV
The present Protocol is subject to
ratification. The instruments of ratification shall be
deposited with the Secretary-General of the United
Nations.
Article
V
The present Protocol shall remain
open for accession by all States which may become Parties to
the Convention. The instruments of accession shall be
deposited with the Secretary-General of the United
Nations.
Article
VI
1. The present Protocol shall
enter into force on the same day as the Convention or on the
thirtieth day following the date of deposit of the second
instrument of ratification of or accession to the Protocol
with the Secretary-General of the United Nations, whichever
date is the later.
2. For each State ratifying
or acceding to the present Protocol after its entry into
force in accordance with paragraph 1 of this Article, the
Protocol shall enter into force on the thirtieth day after
deposit by such State of its instrument of ratification or
accession.
Article
VII
The Secretary-General of the
United Nations shall inform all States which may become
Parties to the Convention:
(a) of signatures to
the present Protocol and of the deposit of instruments of
ratification or accession, in accordance with Articles III,
IV and V;
(b) of the date on which the present
Protocol will enter into force, in accordance with Article
VI.
Article
VIII
The original of the present
Protocol, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations, who shall send
certified copies thereof to all States referred to in
Article III.
IN WITNESS WHEREOF the undersigned
plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed the present
Protocol.
DONE at Vienna, this twenty-fourth
day of April, one thousand nine hundred and
sixty-three.
OPTIONAL PROTOCOL TO THE VIENNA
CONVENTION ON CONSULAR RELATIONS CONCERNING
THE
COMPULSORY SETTLEMENT OF DISPUTES. DONE AT VIENNA, ON 24
APRIL
1963
Preample
The
States Parties to the present Protocol and to the Vienna
Convention on Consular Relations, hereinafter referred to as
"the Convention", adopted by the United Nations
Conference held at Vienna from 4 March to 22 April 1963,
Expressing their wish to resort in all matters concerning
them in respect of any dispute arising out of the
interpretation or application of the Convention to the
compulsory jurisdiction of the International Court of
Justice, unless some other form of settlement has been
agreed upon by the parties within a reasonable period, Have
agreed as follows:
Article
I
Disputes arising out of the
interpretation or application of the Convention shall lie
within the compulsory jurisdiction of the International
Court of Justice and may accordingly be brought before the
Court by an application made by any party to the dispute
being a Party to the present
Protocol.
Article
II
The parties may agree, within a
period of two months after one party has notified its
opinion to the other that a dispute exists, to resort not to
the International Court of Justice but to an arbitral
tribunal. After the expiry of the said period, either party
may bring the dispute before the Court by an
application.
Article
III
1. Within the same period of two
months, the parties may agree to adopt a conciliation
procedure before resorting to the International Court of
Justice.
2. The conciliation commission shall
make its recommendations within five months after its
appointment. If its recommendations are not accepted by the
parties to the dispute within two months after they have
been delivered, either party may bring the dispute before
the Court by an application.
Article
IV
States Parties to the Convention,
to the Optional Protocol concerning Acquisition of
Nationality, and to the present Protocol may at any time
declare that they will extend the provisions of the present
Protocol to disputes arising out of the interpretation or
application of the Optional Protocol concerning Acquisition
of Nationality. Such declarations shall be notified to the
Secretary-General of the United
Nations.
Article
V
The present Protocol shall be open
for signature by all States which may become Parties to the
Convention as follows: until 31 October 1963 at the Federal
Ministry for Foreign Affairs of the Republic of Austria and,
subsequently, until 31 March 1964, at the United Nations
Headquarters in New York.
Article
VI
The present Protocol is subject to
ratification. The instruments of ratification shall be
deposited with the Secretary-General of the United
Nations.
Article
VII
The present Protocol shall remain
open for accession by all States which may become Parties to
the Convention. The instruments of accession shall be
deposited with the Secretary-General of the United
Nations.
Article
VIII
1. The present Protocol shall
enter into force on the same day as the Convention or on the
thirtieth day following the date of deposit of the second
instrument of ratification or accession to the Protocol with
the Secretary-General of the United Nations, whichever date
is the later.
2. For each State ratifying or
acceding to the present Protocol after its entry into force
in accordance with paragraph 1 of this Article, the Protocol
shall enter into force on the thirtieth day after deposit by
such State of its instrument of ratification or
accession.
Article
IX
The Secretary-General of the
United Nations shall inform all States which may become
Parties to the Convention:
(a) of signatures to
the present Protocol and of the deposit of instruments of
ratification or accession, in accordance with Articles V, VI
and VII;
(b) of declarations made in accordance
with Article IV of the present Protocol;
(c) of
the date on which the present Protocol will enter into
force, in accordance with Article VIII. Article
X
The original of the present Protocol, of
which the Chinese, English, French, Russian and Spanish
texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations, who shall send
certified copies thereof to all States referred to in
Article V.
IN WITNESS WHEREOF the undersigned
plenipotentiaries, being duly authorised thereto by their
respective Governments, have signed the present
Protocol.
DONE at Vienna, this twenty-fourth
day of April, one thousand nine hundred and sixty-three.
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