Consular Relations Act

Link to law: http://laws.gov.ag/acts/chapters/cap-96.pdf
Published: 1972

Consular Relations (CAP. 96 1

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CHAPTER 96

THE CONSULAR RELATIONS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Application of Vienna Convention.
4. Restriction of privileges and immunities.
5. Agreements providing for additional or reduced

privileges and immunities.
6. Civil jurisdiction concerning service on board ship or

aircraft.
7. Jurisdiction over offence committed on board ship.
8. Detention on board ship for disciplinary offences.
9. Refund of customs duty on hydrocarbon oils.

10. Priority of telecommunications.
11. Right of diplomatic agents and consular officers to

administer oaths and to do material acts in certain
cases.

12. Evidence.
13. Commonwealth and Irish consular officers may be

granted immunity by Order.
14. Order.

FIRST SCHEDULE.
SECOND SCHEDULE.

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Consular Relations (CAP. 96 3

CONSULAR RELATIONS

(15th April, 1972.)

1. This Act may be cited as the Consular Relations short title.
Act.

2. For the purposes of section 6, 7 , or 8 a ship, and Interpretation.
for the purposes of section 6 an aircraft, shall be treated as
belonging to a State in such circumstances as may be specified
by an Order under that section; and different circumstances
may be so specified with respect to different States and dif-
ferent classes of ship or aircraft.

3. (1) Subject to sections 4 and 5(2), the provisions $y:~;i~~~~
set out in the First Schedule (being Articles or parts of Articles convention.
of the Vienna Convention on Consular Relations signed in
1963) shall have the force of law in Antigua and Barbuda
and shall for that purpose be construed in accordance with
subsections (2) to (9) of this section.

(2) In those provisions-

"authorities of the receiving State" shall be construed
as including any member of the Police Force and
any person exercising a power of entry to any
premises under any enactment;

< 6 grave crime" shall be construed as meaning any of-
fence punishable (on a first conviction) with
imprisonment for a term that may extend to five
years or with a more severe sentence;

"Ministry of Foreign Affairs" shall be construed as
meaning the Department of the Secretary of State
concerned;

"national of the receiving State" shall be construed as
meaning a citizen of the United Kingdom and
Colonies, a Commonwealth citizen, a person who
is a British subject by virtue of section 2, 13, or

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4 CAP. 96) Consular Relations

16 of the British Nationality Act, 1948 or the British
Nationality Act, 1965, or a British protected person
within the meaning of the said Act of 1948.

Diplomatic
privileges.

(3) The reference in paragraph 2 of Article 17 to any
privileges and immunities accorded by customary interna-
tional law or by international agreements shall be construed
as a reference to any privileges and immunities conferred
under the Diplomatic Privileges (Extension) Act.

(4) The references in Article 44 to matters connected
with the exercise of the functions of members of a consular
post shall be construed as references to matters connected
with the exercise of consular functions by consular officers
or consular employees.

(5) For the purposes of Article 45 and that Article as
applied by Article 58 a waiver shall be deemed to have been
expressed by a State if it has been expressed by the head,
or any person for the time being performing the functions
of head, of the diplomatic mission of that State in the United
Kingdom or, if there is no such mission, of the consular post
concerned.

(6) Articles 50, 51, 52, 54, 62 and 67 shall be construed
as granting any privilege or immunity which they require
to be granted.

(7) The reference in Article 57 to the privileges and
immunities provided in Chapter I1 shall be construed as refer-
ring to those provided in section 11 of that Chapter.

(8) The reference in Article 70 to the rules of interna-
tional law concerning diplomatic relations shall be construed
as a reference to the provisions of the Diplomatic Privileges
Act, 1964.

(9) The references in Article 7 1 to additional privileges
and immunities that may be granted by the receiving State
or to privileges and immunities so far as these are granted
by the receiving State shall be construed as referring to such
privileges and immunities as may be specified by the
Governor-General by Order.

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Consular Relations (CAP. 96 5

4. If it appears to the Governor-General that the R;:;i;tna$
privileges and immunities accorded to a consular post of the fmmunities.
United Kingdom in a territory of any State, or to persons
connected with such a consular post, are less than those con-
ferred by this Act on a consular post of that State or on per-
sons connected with such a consular post, the Governor-
General may by Order withdraw such of the privileges and
immunities so conferred from all or any of the consular posts
of that State or from such persons connected herewith as
appears to the Governor-General to be proper.

5. (1) Where an agreement applicable to Antigua and ;:%;t;or
Barbuda whether made before or after the passing of this additional or
Act provides for according to consular posts and persons con- reduced

privileges and
nected with them privileges and immunities not accorded immunities.
to them by the other provisions of this Act, the Governor-
General may by Order exercise, with respect to the consular
posts of that State and persons connected with them, the
powers specified in the Second Schedule so far as may be
necessary to give effect to that agreement.

(2) Where any agreement applicable to Antigua and
Barbuda whether made before or after the passing of this
Act provides for according to consular posts and persons con-
nected with them some but not all of the privileges and
immunities accorded to them by the other provisions of this
Act, the Governor-General may by Order provided for
excluding, with respect to consular posts of that State and
persons connected with them, any of those privileges and
immunities which are not provided for by the agreement.

6. The Governor-General may by Order make provi- ~6;~~;J;j;diction
sion for excluding or limiting the jurisdiction of any court on board
in Antigua and Barbuda to entertain proceedings relating ship Or aircraft.
to the remuneration or any contract or service of the master
or commander or a member of the crew of any ship or air-
craft belonging to a State specified in the Order, except where
a consular officer of that State has been notified of the
intention to invoke the jurisdiction of that court and has not
objected within such time as may be specified by or under
the Order.

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Jurisdiction over
offence

7. (1) The Governor-General may by Order make pro-
on vision for securing that, where an offence is alleged to have

board ship. been committed on board any ship by the master or a
member of the crew and the ship belonged to a State specified
in the Order, proceedings for the offence instituted other-
wise than at the request or with the consent of a consular
officer of that State are not entertained by any court in
Antigua and Barbuda, unless-

(a) the offence is alleged to have been committed
by or against a person who is a citizen of the United
Kingdom and colonies or is otherwise comprised in the
definition of "national of the Receiving State" in
section 3(2), or against a person other than the master
or a member of the crew; or

(6) the offence is one involving the tranquility or
safety of a port, or the law relating to safety of life at
sea, public health, oil pollution, wireless telegraphy,
immigration or customs or is of any other description
specified in the Order; or

(c) the offence is one comprised in the definition
of "grave crime" in section 3(2).

( 2 ) For the purposes of this section, an offence which
affects the property of any person shall be deemed to have
been committed against him.

(3) For the purposes of this section, any document pur-
porting to be signed by or on behalf of a consular officer
and stating that he has requested or consented to the
institution of any proceedings shall be sufficient proof of that
fact unless the contrary is shown.

Detention on
board ship for

8. The Governor-General may by Order designate
disciplinary any State for the purposes of this section; and where a State
offences. is so designated, a member of the crew of a ship belonging

to that State who is detained in custody on board for a
disciplinary offence shall not be deemed to be unlawfully
detained unless

(a ) his detention is unlawful under the law of that
State or the conditions of detention are inhumane or
unjustifiably severe; or

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Consular Relations (CAP. 96

(b ) there is reasonable cause for believing that his
life or liberty will be endangered for reasons of race,
nationality, political opinion, or religion, in any coun-
try to which the ship is likely to go.

9. (1) The Cabinet may authorise the Comptroller t-fr,dS%ty on
of Customs to make, if he thinks fit, arrangements for secur- hydrocarbon oils.
ing the refund of customs duty paid on any hydrocarbon
oils which are-

( a ) bought in Antigua and Barbuda; and

(6 ) used for such purpose that, had they been
imported for that use, exemption from customs duty
thereon would have been required to be granted by vir-
tue of Article 50 in the First Schedule or by virtue of
an Order under section 5(1).

(2) Any arrangements made under this section may
impose conditions subject to which any refund is to be made.

(3) Any amount refunded under arrangements made
under this section shall be defrayed out of moneys provided
by Parliament.

(4) In this section "hydrocarbon oils" means petroleum
oils, coal tar, and oils produced from coal, shale, peat or
any other bituminous substance, and all liquid hydrocarbons,
but does not include such hydrocarbons or bituminous or
asphaltic substances as are-

(a) solid or semi-solid at a temperature of sixty
degrees Fahrenheit; or

(b) gaseous at a temperature of sixty degrees
Fahrenheit and under a pressure of one atmosphere.

10. Nothing in any law shall prevent the giving of of
priority to messages from consular officers and replies thereto ,,,i,a,ions.
so far as may be necessary for the purpose of giving effect
to any agreement made, whether before or after the passing
of this Act, applicable to Antigua and Barbuda.

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Right of
diplomatic agents

1 1. ( 1 ) A diplomatic agent or consular officer of any
and consular State may, if authorised to do so under the laws of the State,
officers to
administer oaths

administer oaths, take affidavits and do notarial acts:-
and do material
acts in certain ( a ) required by a person for use in that State or
cases. under the laws thereof, or

(6 ) otherwise required by a national of that State
but not for use in Antigua and Barbuda except under
the laws of some other country.

(2) The Governor-General may by Order exclude or
restrict the provisions of the preceding subsection in rela-
tion to the diplomatic agents or consular officers of any State
if it appears to him that in any territory of that State
diplomatic agents or consular officers of the United Kingdom
are not permitted to perform functions corresponding in
nature and extent to those authorised by that subsection.

(3) In this section "diplomatic agent" has the same
meaning as in the Vienna Convention on Diplomatic Rela-
tions signed in 1961.

Evidence. 12. If in any proceedings any question arises whether
or not any person is entitled to any privilege or immunity
under this Act, a certificate issued by or under the authority
of the Governor-General stating any fact relating to that ques-
tion shall be conclusive evidence of that fact.

Commonwealth
and Irish

13. ( 1 ) The Governor-General may by Order con-
consular officers fer On-
may be granted
immunity by
Order.

( a ) persons in the service of the government of any
Commonwealth country; holding such offices or classes
of offices as may be specified in ;he Order, being offices
or classes of offices appearing to the Governor-General
to involve the performance of duties substantially cor-
responding to those which, in the case of a foreign
sovereign Power, would be performed by a consular
officer; or

(b) persons in the service of the government of any
territory for whose international relations the govern-
ment of any such Commonwealth country is responsi-
ble; or

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Consular Relations (CAP. 96 9

( c ) members of the staff of any such person as is
mentioned in the preceding paragraphs,

any immunities and privileges which are conferred by or
may be conferred under this Act, and the Order may pro-
vide for extending, in relation to premises, official archives,
communications, documents and personal property of per-
sons on whom any immunities and privileges are or may
be conferred under this section, and in relation to any fees
and charges levied by them, the provisions of Articles 31
to 39 and 51 in the First Schedule.

(2) The Governor-General may by Order exercise, with
respect to persons referred to in subsection (1) and with
respect to their premises, residences and communications,
the powers specified in the Second Schedule.

(3) An Order made under subsection (1) may exclude
therefrom any immunities and privileges conferred on per-
sons who are permanently resident in Antigua and Barbuda
or are comprised within the definition of "national of the
receiving State" in section 3(2).

(4) The provisions of this section shall have effect in
relation to the Republic of Ireland as if it were a Com-
monwealth country.

14. (1) No recommendation shall be made to the Order.
Governor-General to make an Order containing such pro-
vision as is mentioned in section 3(9) or section 5(1) unless
a draft thereof has been laid before and approved by resolu-
tion of each House of Parliament.

(2) Any other Order or statutory instrument made
under the foregoing provisions of this Act shall be subject
to annulment in pursuance of a resolution of either House
of Parliament.

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CAP. 96) Consular Relations

FIRST SCHEDULE Section 3

PROVISIONS OF VIENNA CONVENTION HAVING THE
FORCE OF LAW IN ANTIGUA AND BARBUDA.

ARTICLE 1

DEFINITIONS

1. For the purposes of the present Convention, the follow-
ing expressions shall have the meanings hereunder assigned to
them:

(a) "consular post" means any consulate-general, con-
sulate, vice-consulate or consular agency;

(b) "consulate 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;

V) "member of the service staff" means any person
employed in the domestic service of a consular post;

e) "members of the consular post" means consular of-
ficers; 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;

(9 "member of the private staff' means a person who
is employed exclusively in the private service of a member
of the consular post;

b) "consular premises" means the buildings or part of
buildings and the lands ancillary thereto, irrespective of
ownership, used exclusively for the purposes of the consular
post;

(k) "consular archives" includes all the papers,
documents, correspondence, books, film, tapes and registers
of the consular post, together with the ciphers and codes,

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Consular Relations (CAP. 96 11

the card-indexes and any articles 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 I1 of the present Convention apply to consular posts
headed by career consular officers; the provisions of Chapter I11
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

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;

(6) furthering the development of commercial, economic,
cultural and scientific relations between the sending State
and the receiving State and otherwise promoting friendly rela-
tions 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 con-
trary thereto in the laws and regulations of the receiving State;

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12 CAP. 96) Consular Relations

(g) safeguarding the interests of nationals, both
individuals and bodies corporate, of the sending State in cases
of succession mortis caura 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 regula-
tions 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 extra judicial documents or
executing letters rogatory or commissions to take evidence
for the courts of the sending State in accordance with inter-
national 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 pro-
vided 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;

(I) extending assistance to vessels and aircrafts 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 authoris-
ed by the laws and regulations of the sending State;

(m) performing any other functions entrusted to a con-
sular post by the sending State which are not prohibited by
the laws and regulations of the receiving State or to which

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Consular Relations (CAP. 96 13

no objection is taken by the receiving State or which are refer-
red to in the international agreements in force between the
sending State and the receiving State.

ARTICLE 15

TEMPORARY EXERCISE OF THE FUNCTIONS OF HEAD
OF A CONSULAR POST

1. If the head of a consular post is unable to carry out his
functions or the position 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 con-
ditional 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 Conven-
tion 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 sub-
ject 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 17

PERFORMANCE OF DIPLOMATIC ACTS BY
CONSULAR OFFICERS

1. In a State where the sending State has no diplomatic
mission and is not repesented by a diplomatic mission of a third
State, a consular officer may, with the consent of the receiving

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14 CAP. 96) Consular Relations

State, and without affecting his consular status, be authorised to
perform diplomatic acts. The performance of such acts by a con-
sular 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 inter-
national agreements; however, in respect of the performance by
him of consular functions, he shall not be entitled to any greater
immunity from jurisdiction than that to which a consular officer
is entitled under the present Convention.

CHAPTER I1

FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO CONSULAR POSTS, CAREER CONSULAR

OFFICERS AND OTHER MEMBERS OF A
CONSULAR POST

SECTION 1

FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO A CONSULAR POST

ARTICLE 3 1

INVIOLABILITY OF THE CONSULAR PREMISES

1. Consular premises shall be inviolable to the extent pro-
vided 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.

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 the 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 com-
pensation shall be paid to the sending State.

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ARTICLE 32

EXEMPTION FROM TAXATION OF
CONSULAR PREMISES

1. Consular premises and the residence of the career head
of a 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 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 sen-
ding 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 reasons 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 authorised representative of the
sending State. If this request is refused by the authority of the
sending State, the bag shall be returned to its place of origin.

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16 CAP. 96) Consular Relations

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 con-
stituting the consular bag. Except with the consent of the receiv-
ing 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 func-
tions 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 con-
sular 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 authoris-
ed 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 39

CONSULAR FEES AND CHARGES

1. The consular post may levy in the territory of the receiv-
ing State the fees and charges provided by the laws and regula-
tions 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.

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Consular Relations (CAP. 96 17

SECTION 11

FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO CAREER CONSULAR OFFICERS AND

OTHER MEMBERS OF A CONSULAR POST.

ARTICLE 41

PERSONAL INVIOLABILITY OF CONSULAR OFFICERS

1. Consular officers shall not be liable to arrest or deten-
tion pending trial, except in the case of a grave crime and pur-
suant 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 execu-
tion of a judicial decision of final effect.

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 acci-
dent 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 ofjudicial 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.

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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 obligations
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 provid-
ed for in Articles 41, 43 and 44.

2. The waiver shall in all cases be expressed, except as pro-
vided 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 invok-
ing immunity from jurisdiction in respect of any counter-claim
directly connected with the principal claim.

4. The waiver of immunity from jurisdiction for the pur-
poses 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 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 posts, on condition:

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Consular Relations (CAP. 96 19

( a ) that they are not nationals of or permanently resident
in the receiving State; and

( b ) that they are covered by the social security provi-
sions 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 par-
ticipation 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 incor-
porated in the price of goods or services;

(6) dues or taxes on private immovable property situated
in the territory of the receiving State, subject to the provi-
sions of Article 32;

( 6 ) estate. succession or inheritance duties. and duties , ,
on transfers, levied by the receiving State, subject to the pro-
visions 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 finan-
cial undertakings in the receiving State;

( e ) charges levied for specific services rendered;

V) registration, court of 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

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CAP. 96) Consular Relations

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 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 MEMBER OF THE CONSULAR POST OR
OF A MEMBER OF THE 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;

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Consular Relations (CAP. 96 2 1

(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 what-
soever, 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 pro-
ceeding 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 pre-
sent 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

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2 2 CAP. 96) Consular Relations

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 limita-
tion 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 return-
ing to the sending State, the third State shall accord to him all
immunities provided for by the other Articles of the present Con-
vention 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 receiv-
ing 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

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Consular Relations (CAP. 96 23

to consular bags, whose presence in the territory of the third State
ia due to force rnajeure.

ARTICLE 55

RESPECT FOR THE LAWS AND REGULATIONS OF THE
RECEIVING 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 57

SPECIAL PROVISIONS CONCERNING PRIVATE
GAINFUL OCCUPATION

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 receiv-
ing 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 occupa-
tion in the receiving State.

CHAPTER I11

REGIME RELATING TO HONORARY CONSULAR
OFFICERS AND CONSULAR POSTS HEADED

BY SUCH OFFICERS

ARTICLE 58

GENERAL PROVISIONS RELATING TO FACILITIES
PRIVILEGES AND IMMUNITIES

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CAP. 96) Consular Relations

1. Articles.. . . .35. . . ..and 39, paragraph 3 of Article 54 and
paragraphs 2 and 3 of Article 55 shall apply to consular posts head-
ed by an honorary consular officer. In addition, the facilities,
privileges and immunities of such consular posts shall be govern-
ed by Articles. .. . .60 ,61 and 62.

2. Articles.. . . .43, paragraph 3 of Article 44, Articles 45 and
53.. . . . shall apply to honorary consular officers. In addition, the
facilities, privileges and immunities of such consular officers shall
be governed by Articles.. . . .66 and 67.

3. Privileges and immunities provided in the present Con-
vention 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.

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 head-
ed 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, book or
documents relating to their profession or trade.

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Consular Relations (CAP. 96 2 5

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 exemp-
tion 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
past headed by an honorary consular officer: coats-of-arms, flags,
rripboards, 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 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.

CHAPTER IV

GENERAL PROVISIONS

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 hnctions of the mission shall be notified to the Ministry
for Foreign Affairs of the receiving State or to the authority
designated by that Ministry.

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2 6 CAP. 96) Consular Relations

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 concer-
ning 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 inviol-
ability in respect of official acts performed in the exercise of their
functions, and the privilege provided in paragraph 3 of Article 44.

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.

SECOND SCHEDULE Section 5(1)

PROVISIONS FOR GIVING EFFECT TO OTHER
AGREEMENT

1. The like exemption from dues and taxes may be extended
to the residence of any member of a consular post as is accorded
under Article 32 in the First Schedule to the residence of the career
head of a consular post.

2. Paragraph 1 of Article 49 in that Schedule may be
extended to members of the service staff.

3. Paragraph 2 of Article 50 in that Schedule may be
applied as if it were among the Articles mentioned in paragraph 2

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Consular Relations (CAP. 96

of Article 58 in that Schedule, as if the reference to consular
employees included members of the service staff and also such
members of the families of consular employees or of members of
the service staff as form part of their households, and as if the
words "in respect of articles imported at the time of first installa-
tion" were omitted.

4. Articles 29 and 31 of the Vienna Convention on
Diplomatic Relations (inviolability and immunity from jurisdic-
tion and arrest of diplomatic agents and exemption from duty to
give evidence) may be extended to members of a consular post
and members of their families forming part of their households.

5. Article 22 of the Vienna Convention on Diplomatic Rela-
tions (inviolability and protection of mission) may be extended
to consular premises and paragraph 1 of Article 30 in that Schedule
(inviolability of private residence) may be extended to the residences
of' consular officers.

6. Article 27 of the Vienna Convention on Diplomatic Rela-
tions (freedom of communications) may be extended to the com-
munications of a consular post.
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