Consular Relations Act (Mauritius)

Consular Relations Act

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CONSULAR RELATIONS ACT Act 54 of 1969 – 19 December 1969

ARRANGEMENT OF SECTIONS

SECTION

1. Short title 2. Interpretation

3. Application of Vienna Convention 4. Restriction of privileges and immunities 5. Privileges and immunities

6. Offences committed on board ship 7. Right to administer oaths and do notarial acts 8. Financial provisions

9. Evidence FIRST SCHEDULE SECOND SCHEDULE

CONSULAR RELATIONS ACT

1. Short title

This Act may be cited as the Consular Relations Act.

2. Interpretation

In this Act—

“Articles” means the Articles or parts of the Articles of the Convention as specified in the First Schedule;

“Convention” means the Convention on Consular Relations done at Vienna on 24 April 1963;

“Minister” means the Minister to whom responsibility for the subject of external affairs is assigned.

3. Application of Vienna Convention

(1) Subject to sections 4 and 5 (2), the Articles of the Convention shall have the force of law in Mauritius.

(2) In the Articles—

“authorities of the receiving State” includes any constable and any person exercising a power of entry to any premises under any enactment;

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“grave crime” means any offence punishable on a first conviction by penal servitude;

“Ministry for Foreign Affairs” means the Ministry;

“national of the receiving State” means a citizen of Mauritius.

(3) The reference in Article 17 (2) to any privileges and immunities ac- corded by customary international law or by international agreements shall be construed as a reference to any privileges and immunities conferred under the International Organisations and Conferences (Privileges and Immunities) 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 refer- ences to matters connected with the exercise of consular functions by con- sular officers or consular employees.

(5) For the purposes of Articles 45 and 58, a waiver shall be deemed to have been expressed by a State if it has been expressed by the head, or any person performing the functions of head, of the diplomatic mission of that State 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 II shall be construed as referring to those provided in Section II of that Chapter.

(8) The reference in Article 70 to the rules of international law concern- ing diplomatic relations shall be construed as a reference to the Diplomatic Relations Act.

(9) The references in Article 71 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 regulations made by the Minister.

4. Restriction of privileges and immunities

Where it appears to the Minister that the privileges and immunities ac- corded to a consular post of Mauritius in a territory of any State, or to per- sons connected with such a consular post are less than those conferred by this Act on a consular post of that State or on persons connected with such consular post, the Minister may, by regulations, withdraw such of the privi- leges and immunities so conferred on the consular post of that State or from such persons connected therewith as appears to the Minister to be proper.

5. Privileges and immunities

(1) Where any agreement made, whether before or after the passing of this Act, between Mauritius and any other State provides for, according to

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consular posts and persons connected with them, privileges and immunities not accorded to them by the other provisions of this Act, the Minister may, by regulations, 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 made, whether before or after the passing of this Act, between Mauritius and any other State provides for, according to consular posts and persons connected with them, some but not all of the privileges and immunities accorded to them by the other provisions of this Act, the Minister may, by regulations, exclude, 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 that agreement.

6. Offences committed on board ship

(1) The Minister may, by regulations, make provision for securing that, where an offence is alleged to have been committed on board any ship by the master or a member of the crew and the ship belongs to a State speci- fied in the regulations, proceedings for the offence instituted otherwise than at the request or with the consent of a consular officer of that State are not entertained by any Court in Mauritius, unless—

(a) the offence is alleged to have been committed by or against a person who is a citizen of Mauritius or against a person other than the master or a member of the crew;

(b) the offence is one involving the tranquillity or safety of a port, or the law relating to safety of life at sea, public health, oil pollu- tion, wireless telegraphy, immigration or customs or is of any other description specified in the regulations; 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 prop- erty of any person shall be deemed to have been committed against him.

(3) For the purposes of this section, any document purporting 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.

7. Right to administer oaths and do notarial acts

(1) Diplomatic agents and consular officers of any State may, if author- ised to do so under the laws of that State, administer oaths, take affidavits and do notarial acts—

(a) required by a person for use in that State or under the laws thereof; or

(b) required by a national of that State but not for use in Mauritius.

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(2) The Minister may, by regulations, exclude or restrict the provisions of subsection (1) in relation to the diplomatic agents or consular officers of any State if it appears that in any territory of that State diplomatic agents or consular officers of Mauritius are not permitted to perform functions corre- sponding in nature and extent to those authorised by that subsection.

8. Financial provisions

Any amount which may be required to be refunded in pursuance of the Schedules shall be paid out of the Consolidated Fund.

9. Evidence

Where 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 Minister stating any fact relating to that ques- tion shall be conclusive evidence of that fact.

FIRST SCHEDULE [Section 2]

Article I

DEFINITIONS

(1) For the purposes of the present Convention—

“consular archives” includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ci- phers and codes, the card-indexes and any article of furniture intended for their protection or safekeeping;

“consular district” means the area assigned to a consular post for the ex- ercise of consular functions;

“consular employee” means any person employed in the administrative or technical service of a consular post;

“consular officer” means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions;

“consular post” means any consulate-general, consulate, vice-consulate or consular agency;

“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;

“head of consular post” means the person charged with the duty of acting in that capacity;

“member of the private staff” means a person who is employed exclu- sively in the private service of a member of the consular post;

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“member of the service staff” means any person employed in the domestic service of a consular post;

“members of the consular post” means consular officers, consular em- ployees and members of the service staff;

“members of the consular staff” means consular officers, other than the head of a consular post, consular employees and members of the service staff. (2) Consular officers are of two categories, namely career consular officers

and honorary consular officers. The provisions of Chapter II of the present Con- vention apply to consular posts headed by career consular officers; the provi- sions 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

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 accor- dance 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

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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 extra judicial documents or executing letters rogatory or commissions to take evidence for the courts of the send- ing 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 para- graph (k) of this Article and to their crews, taking statements regard- ing the voyage of a vessel, examining and stamping the ship’s pa- pers, 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 be- tween the master, the officers and the seamen in so far as this may be authorised 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 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 pro- visionally 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, the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. As a gen- eral 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 diplo- matic agent nor a consular officer of the sending State in the receiving State conditional on its consent.

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(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 diplo- matic 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 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 authorised to perform diplomatic acts. The performance of such acts by a consu- lar 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 intergovernmental organisation. When so acting, he shall be entitled to enjoy any privileges and immunities ac- corded to such a representative by customary international law or by international agreements; however, in respect of the performance by him of any consular func- tion, 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 II

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 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 con- sent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action.

(3) —

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(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 perform- ance 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 les- see shall be exempt from all national, regional or municipal dues and taxes what- soever, 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 Government, the diplomatic missions and other consular posts, wherever situ- ated, of the sending State, the consular post may employ all appropriate means, including diplomatic or consular couriers, diplomatic or consular bags and mes- sages in code or cipher. However, the consular post may install and use a wire- less transmitter only with the consent of the receiving State.

(2) The official correspondence of the consular post shall be inviolable. Offi- cial 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 authorised 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 indicat- ing 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 re- ceiving State, nor, unless he is a national of the sending State, a permanent resi- dent of the receiving State. In the performance of his functions he shall be

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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 com- mercial aircraft scheduled to land at an authorised port of entry. He shall be pro- vided 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 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 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 of- ficers 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.

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 the contract concluded by a consular officer or a consu-

lar employee in which he did not contract expressly or impliedly as an agent of the sending State; or

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(b) by a third party for damages 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 para- graph (3) of this Article, decline to give evidence. If a consular officer should de- cline 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 inter- ference 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 send- ing 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 para-

graph (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 em- ployee 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 ad- ministrative 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 post, on condition: (a) that they are not nationals of or permanently resident in the receiving

State; and

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(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 ex- emption 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, per- sonal 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, lev-

ied by the receiving State, subject to the provision 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 ex- ceed the quantities necessary for direct utilization by the persons concerned.

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(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 subparagraph (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 pres- ence 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 mem- bers 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 immu- nities provided in the present Convention from the moment he enters the terri- tory 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 en- joys 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

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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 sub- sist 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 ser- vice 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 con- sular 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 mem- bers of his family forming part of his household shall continue to enjoy the privi- leges 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 pre- sent 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 offi- cer 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 Arti- cle, third States shall not hinder the transit through their territory of other mem- bers 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 free- dom 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 inviolabil- ity 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 para- graphs, 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) — (2) The consular premises shall not be used in any manner incompatible

with the exercise of consular functions.

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(3) The provisions of paragraph (2) of this Article shall not exclude the pos- sibility 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 (1) — (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 subparagraph (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 them- selves 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, 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 and Articles 45 and 53 and paragraph (1) of Article 55 shall apply to honorary consular officers. In addi- tion, 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.

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.

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Article 61

INVIOLABILITY OF CONSULAR ARCHIVES AND DOCUMENTS

The consular archives and documents of a consular post headed by an hon- orary 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 relat- ing 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 equip- ment 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 re- spect 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 con- text 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) —

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(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 perma- nently 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.

(2) Other members of the consular post who are nationals of or perma- nently 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 mem- bers of the consular post and those members of the private staff who are them- selves 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]

PROVISIONS FOR GIVING EFFECT TO OTHER AGREEMENTS

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. Article 49 (1) in the First Schedule may be extended to members of the ser- vice staff.

3. Article 50 (2) in the First Schedule may be applied as if— (a) it were among the Articles mentioned in Article 58 (2) in that

Schedule; (b) 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

(c) the words “in respect of articles imported at the time of first installa- tion” were omitted.

4. Articles 29 and 31 in the Schedule to the Diplomatic Relations Act (inviolabil- ity and immunity from jurisdiction 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 in the Schedule to the Diplomatic Relations Act (inviolability and protection of mission) may be extended to consular premises and Article 30 (1)

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in that Schedule (inviolability of private residence) may be extended to the resi- dences of consular officers.

6. Article 27 in the Schedule to the Diplomatic Relations Act (freedom of com- munications) may be extended to the communications of a consular post.