Diplomatic Immunities and Privileges Act [No. 37 of 2001]


Government Gazette

REPUBLIC OF SOUTH AFRICA
Vol. 437 Cape Town 29 November 2001 No. 22876
THE PRESIDENCY
No. 1253 29 November 2001
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 37 of 2001: Diplomatic Immunities and Privileges Act, 2001


PRIVILEGES ACT, 2001
[English text signed by the Presid,ent.) (Assented to 22 November ;?002’.)
ACT ‘To make provision regarding the immunities and privileges of diplomatic missions and consular posts and their members, of heads of states, special envoys and certain representatives, of the United Nations, and its specialised agencies, and other international organisations and of certain other persons; to make provision regarding immunities and privileges pertaining to international conferences and meetings; to enact into law certain conventions; and to provide for matters connected therewith.
1. 2. 3.
4.
5.
6.
7. 8. 9. 10. 11.
12.
13. 14. 15. 16. 17.
ARRANGEMENT OF SECTIONS
Definitions Conventions have force of law Immunities and privileges of diplomatic missions and consular posts, and of members of such missions and posts Immunities and privileges of heads of state, special envoys and certain representatives Immunities and privileges of the United Nations, specialised agencies and other international organisations Immunities and privileges pertaining to internatiolnal conferences or meetings convened in the Republic Conferment of immunities and privileges Waiver of immunities and privileges Register of persons entitled to immunities or privileges Restriction on immunities, privileges and exemptions Adjustment of loss of revenue to municipalities and statutory public utility organisations Acquisition, construction, relocation, renovation, replacement, extension or lease of immovable property in the Republic Liability insurance requirements Regulations Offences and penalties Repeal of laws Short title and commencement
Schedule 1
Vienna Convention on Diplomatic Relations, 1961
Schedule 2
Vienna Convention on Consular Relations, 1963
Schedule 3
Convention on the Privileges and Immunities of the TJnited Nations, 1946
Schedule 4
Convention on the Privileges and Immunities of the Specialised Agencies, 1947
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Act No. 37,2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT. 2001
B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Definitions
1. In this Act, unless the context indicates otherwise- (i) “Director-General” means the Director-General: Foreign Affairs; 5
(ii) “Minister” means the Minister of Foreign Affairs; (iii) “municipality” means a municipality established in terms of Chapter 2 of the
(iv) “organisation” means an intergovernmental organisation of which two or Local Government Municipal Structures Act, 1998 (Act No. 117 of 1998);
more states or governments are members and which the Minister has 10 recognised for the purposes of this Act;
(v) “regulation” means a regulation made under section 13; (vi) “special envoy or representative” means person duly authorised by the
sending state, government or organisation to undertake a special mission or task in the Republic on behalf of such state, government or organisation; 15
(vii) “specialised agency” means any agency contemplated in paragraph (ii) of section 1 of Article I of the Convention on the Privileges and Immunities of the Specialised Agencies, 1947, and which the Minister has recognised for purposes of this Act;
Agencies, 1947” means the Convention on the Privileges and Immunities of the Specialised Agencies, adopted on 21 November 1947, as may be applicable in the Republic in accordance with the reservations made by South Africa upon its accession thereto and which is set out in Schedule 4 to this Act;
(ix) “the Convention on the Privileges and Immunities of the United Nations, 25 1946” means the Convention on the Privileges and Immunities of the United Nations, adopted on 13 February 1946, as may be applicable in the Republic in accordance with the reservations made by South Africa upon its accession thereto and which is set out in Schedule 3 to this Act;
(x) “the Conventions” means the Convention 011 the Privileges and Immunities 30 of the United Nations, 1946, the Convention on the Privileges and Immunities of the Specialised Agencies, 1947, the Vienna Convention on Diplomatic Relations, 1961, and the Vienna Convention on Consular Relations, 1963;
(xi) “the Vienna Convention on Consular Relations, 1963” means the Vienna Convention on Consular Relations, 1963, signed at Vienna on 24 April 1963, 35 and which is set out in Schedule 2 to this Act;
(xii) “the Vienna Convention on Diplomatic Relations, 1961” means the Vienna Convention on Diplomatic Relations, 1961, signed at Vienna on 18 April 1961, and which is set out in Schedule 1 to this Act;
(viii) “the Convention on the Privileges and Immunities of the Specialised 20
(xiii) “this Act” includes the regulations. 40
Conventions have force of law
2. (1) Subject to the provisions of this Act, the Conventions have the force of law in
(2) For the purposes of the Conventions- the Republic.
(a) “grave crime” means any offence for which a person may on conviction be 45
(b) “member of a family” means- sentenced to imprisonment for five years or more; and
(i) the spouse; (ii) any unmarried child under the age of 21 years;
(iii) any unmarried child between the ages of 21 and 23 years who is 50 undertaking full-time studies at an education institution; and
(iv) any other unmarried child or other family member officially recognised as a dependant member of the family by the government of the sending State, the United Nations, a specialised agency or an organisation,
and who is issued with a diplomatic or official passport. 55
3
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Act No. 37,2001 DIPLOMATIC IMMUNITIES; AND PRIVILEGES ACT, 200 1
Immunities and privileges of diplomatic missiolns and consular posts, and of members of such missions and posts
3. (1) The Vienna Convention on Diplomatic Relations, 1961, applies to all
(2) The Vienna Convention on Consular Relations, 1963, applies to all consular posts 5 diplomatic missions and members of such missions in the Republic.
and members of such posts in the Republic.
4. (1) A head of state is immune from the criminal and civil jurisdiction of the courts
(a) heads of state enjoy in accordance with the rules of customary international law;
(b) are provided for in any agreement entered into with a state or government whereby immunities and privileges are conferred upon such a head of state; or
(c) may be conferred on such head of state by virtue of section 7(2). (2) A special envoy or representative from another sitate, government or organisation
is immune from the criminal and civil jurisdiction of the courts of the Republic, and enjoys such privileges as-
(a) a special envoy or representative enjoys in accordance with the rules of customary international law; 20
(b) are provided for in any agreement entered into with a state, government or organisation whereby immunities and privileges are conferred upon such special envoy or representative; or
of the Republic, and enjoys such privileges as- 10
15
(c) may be conferred on him or her by virtue of section 7(2). (3) The Minister must by notice in the Gazette recognise a special envoy or 25
representative for the purposes of subsection (2).
Immunities and privileges of United Nations, specialised agencies and other international organisations
5. (1) The Convention on the Privileges and Immunities of the United Nations, 1946, applies to the United Nations and its officials in the Republic. 30
(2) The Convention on the Privileges and Immunities of the Specialised Agencies, 1947, applies to any specialised agency and its officials in the Republic.
(3) Any organisation recognised by the Minister for the purposes of this section and any official of such organisation enjoy such privileges and immunities as may be provided for in any agreement entered into with such organisation or as may be 35 conferred on them by virtue of section 7(2).
(4) Any organisation contemplated in this section is vested with the legal capacity of a body corporate in the Republic to the extent consistent with the instrument creating it.
Immunities and privileges pertaining to international conferences or meetings convened in Republic 40
6. (1) The officials and experts of the United Nations;, of any specialised agency and of any organisation, and representatives of any state, participating in an international conference or meeting convened in the Republic enjoy for the duration of the conference or meeting such privileges and immunities as-
(a) are specifically provided for in the Convention on the Privileges and 45 Immunities of the United Nations, 1946, or the Convention on the Privileges and Immunities of the Specialised Agencies, 1947, as the case may be, in respect of the participation in conferences and meetings;
8 No. 22876 GOVERNMENT GAZETIE, 29 NOVEMBER 2001
Act No. 37,2001 DIPLOMATIC IMMUNITIES L4ND PRIVILEGES ACT, 2001
(b) are specifically provided for in any agreement entered into for this purpose; or (c) may be conferred on any of them by virtue of section 7(2).
(2) The Minister must by notice in the Gazette recognise a specific conference or meeting for the purposes of subsection (1).
Conferment of immunities and privileges 5
7. (1) Any agreement whereby immunities and privileges are conferred to any person or organisation in terms of this Act must be published by notice in the Gazette.
(2) The Minister may in any particular case if it is not expedient to enter into an agreement as contemplated in subsection (1) and if the conferment of immunities and privileges is in the interest of the Republic, confer such immunities and privileges on a 10 person or organisation as may be specified by notice in the Gazette.
Waiver of immunities and privileges
8. (1) A sending State, the United Nations, any specialised agency or organisation may
(2) For the purposes of subsection (l), any waiver by the head, or by any person who 15 waive any immunity or privilege which a person enjoys under this Act.
performs the functions of the head, of- (a) a mission; (b) a consular post; (c) an office of the United Nations; (d) an office of a specialised agency; or 20 (e) an organisation,
must be regarded as being a waiver by the state, the TJnited Nations, the specialised agency or the organisation in question.
(3) For the purposes of this section, a waiver must always be express and in writing.
Register of persons ntitled to immunities or privileges 25
9. (1) The Minister must keep a register in which there must be registered the names
(a) immunity from the civil and criminal juri,sdiction of the courts of the
(b) immunities and privileges in accordance with the Conventions or in terms of 30
of all the persons who enjoy-
Republic; or
any agreement contemplated in section 7. (2) The Minister must cause a complete list of all persons on the register to be
published at least once a year in the Gazette. (3) If in any proceedings in a court of law any question arises as to whether or not any
person enjoys any immunity or privilege under this Act or the Conventions, a certificate 35 under the hand or issued under the authority of the Director-General stating any fact relating to that question, is prima facie evidence of that fact.
Restriction on immunities, privileges and exemptions
10. If it appears at any time to the Minister- (a) that the immunities and privileges accorded to a mission of the Republic in the 40
territory of any state, or to any person connected with any such mission, are less than those conferred in the Republic on the mission of that state, or on any person connected with that mission; or
(b) that the exemptions granted to the Government of the Republic in the territory of any state are less than those granted by the Minister to that state, 45
the Minister may withdraw so much of the immunities, privileges and exemptions so accorded or granted by him or her as appears to him or her to be proper.
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Act No. 37,2001 DIPLOMATIC IMMUNITTES AND PRIVILEGES ACT, 2001
11. The loss of revenue caused to any municipality or statutory public utility organisation by reason of this Act relating to exemptions from taxation, must be made good to such municipality or organisation out of funds approved by Parliament for that 5 purpose.
Acquisition, construction, relocation, renovation, replacement, extension or lease of immovable property in Republic
12. (1) All foreign missions or consular posts, the United Nations and all specialised agencies or organisations referred to in this Act, must submit a written request to the 10 Director-General for acquiring, constructing, relocating, renovating, replacing, extend- ing or leasing immovable property in the Republic in the name of or on behalf of-
(a) the mission or post or its government; (b) the United Nations; (c) the specialised agency or organisation in question; {d) any person referred to in section 4 or 5 ; or ( e ) any representative contemplated in the Vienna Convention on Diplomatic
(2) Any such request must consist of a narrative and graphlc description of, and
15
Relations, 1961, and the Vienna Convention on Consular Relations, 1963.
indicate the reasons for, the proposed acquisition, construction, relocation, renovation, 20 replacement, extension or leasing.
(3) No deed of transfer of land may be registered in accordance with the Deeds Registries Act, 1937 (Act No. 47 of 1937), in the name of any such government, mission or post, the United Nations or any such specialised agency, organisation, person or representative unless the Director-General has informed the Registrar of Deeds in 25 writing that the property has been recognised for the use of an embassy, chancellery, legation, office or official residence and that the Director-General approves of such registration.
(4) Diplomatic missions established in the Republic n accordance with the provisions of the Vienna Convention on Diplomatic Relations, 1961, or other rules of customary 30 international law, must be located in Pretoria or, during sittings of Parliament, in Cape Town.
(5) Despite subsection (4), the Minister may approve that a section of the diplomatic mission may be located elsewhere.
Liability insurance requirements 35
13. The Minister must prescribe by regulation liability insurance requirements which have to be met by any person who enjoys immunities or privileges under this Act or in terms of the Conventions.
Regulations
14. The Minister may make regulations regarding any matter which must be 40 prescribed or which the Minister deems it necessary or expedient to prescribe in order to carry out or give effect to the provisions of this Act or of the Conventions.
Offences and penalties
15. (1) Any person who willfully or without the exercise of reasonable care issues, obtains or executes any legal process against a person who enjoys immunity under this 45 Act or in terms of the Conventions, whether as party, attorney or officer concerned with issuing or executing such process, is guilty of an offence.
(2) Any person who contravenes subsection (1) or who willfully or without the exercise of reasonable care commits any other offence which has the effect of infringing the inviolability of any person contemplated in subjection (l), or of his or her property 50
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Act No. 37,2001 DIPLOMATIC IMMUNITIES AND PRlVILEGES ACT. 20011
or of the premises occupied by him or her, is liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both a fine and such imprisonment.
Repeal of laws and saving
16. (1) The Diplomatic Immunities and Privileges Act, 1989 (Act No. 74 of 1989), 5 and the Diplomatic Immunities and Privileges Amendment Act, 1992 (Act No. 56 of 1992), are hereby repealed.
(2) Anything done under a provision of any law repealed by subsection (1) and which could have been done under a provision of this Act, must be regarded as having been done under the latter provision. 10
Short title and commencement
17. This Act is called the Diplomatic Immunities anid Privileges Act, 2001, and takes effect on a date fixed by the President by proclamation in the Gazette.
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Act No. 37,2001 DE’LOMATIC IMMUNITIES AND PRrVILEGES ACT, 2001
Schedule 1
Vienna Convention on Dipllomatic Relations, 1961
The States Parties to the present Convention,
Recalling that peoples of all nations from ancient times have recognized the status of diplomatic agen s, 5
Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations,
Believing that an international convention on diplomatic intercourse, 10 privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems,
Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions 15 of diplomatic missions as representing States,
Afirming that the rules of customary international law should continue to govern questions not expressly regulated by the provisions of the present Convention.
Have agreed as follows: 20
Article I
For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them: (a) the ‘head of the mission’ is the pers’on charged by the sending State
with the duty of acting in that capacity; 25 (b ) the ‘members of the mission’ are the head of the mission and the
members of the staff of the mission; (c) the ‘members of the staff of the mission’ are the members of the
diplomatic staff, of the administrative and technical staff and of the service staff of the m ssion; 30
(d) the ‘members of the diplomatic staff” are the members of the staff of the mission having diplomatic rank;
(e ) a ‘diplomatic agent’ is the head of the mission or a member of the diplomatic staff of the mission;
(f) the ‘members of the administrative and technical staff are the 35 members of the staff of the mission employed in the administrative and technical service of the mission;
(g) the ‘members of the service staff are the members of the staff of the mission in the domestic service of the mission;
(h) a ‘private servant’ is a person who is in the domestic service of a 40 member of the mission and who is not an employee of the sending State;
(i) the ‘premises of the mission’ are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the 45 mission.
Article 2
The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes plac’e by mutual consent.
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Article 3
1. The functions of a diplomatic mission consist, inter alia, in: (a) representing the sending State in the receiving State; (b) protecting in the receiving State the interests of the sending State and
(c) negotiating with the Government of the receiving State; (d) ascertaining by all lawful means conditions and developments in the
receiving State, and reporting thereon to the Government of the sending State;
(e ) promoting friendly relations between the sending State and the 10 receiving State, and developing their economic, cultural and scientific relations.
2. Nothing in the present Convention shall be construed as preventing the
of its nationals, within the limits permitted by international law; 5
performance of consular functions by a diplomatic mission.
Article 4 15
1. The sending State must make certain that the agrkment of the receiving State has been given for the person it proposes to accredit as head of the mission to that State.
2. The receiving State is not obliged to give reasons to the sending State for a refusal of agrkment. 20
Article 5
1. The sending State may, after it has given due notification to the receiving States concerned, accredit a head of mission or assign any member of the diplomatic staff, as the case may be, to more than one State, unless there is express objection by any of the receiving States. 25
2. If the sending State accredits a head of mission to one or more other States it may establish a diplomatic mission headed by a charge d'affaires ad interim in each State where the head of mission has not his permanent seat.
may act as representative of the sending State to any international organization.
3. A head of mission or any member of the diplomatic staff of the mission 30
Article 6
Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State. 35
Article 7
Subject to the provisions of Articles 5,8,9 and 11, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attach&, the receiving State may require their names to be submitt d befor hand, for its approval. 40
Article 8
1. Members of the diplomatic staff of the mission should in principle be
2 . Members of the diplomatic staff of the mission may not be appointed of the nationality of the sending State.
from among persons having the nationality of the receiving State, except 45 with the consent of that State which may be withdrawn at any time.
of a third State who are not also nationals of the sending State. 3. The receiving State may reserve the same right with regard to nationals
L
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Article 9
1. The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such 5 case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.
out its obligations under paragraph 1of this Article, the receiving State may refuse to recognize the person concerned as a member of the mission.
2. If the sending State refuses or fails within a reasonable period to carry 10
Article 1.0
1. The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall be notified of 15 (a) the appointment of members of the mission, their arrival and their final
departure or the termination of their functions with the mission;
(b) the arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a person 20 becomes or ceases to be a member of the family of a member of the mission;
(c) the arrival and final departure of private servants in the employ of persons referred to in sub-paragraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of such persons; 25
(d) the engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities.
2. Where possible, prior notification of arrival and final departure shall also be given. 30
Article 11
1. In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circum- stances and conditions in the receiving State and to the needs of the 35 particular mission.
2. The receiving State may equally, ,within similar bounds and on a nondiscriminatory basis, refuse to accept officials of a particular category.
Article 12
The sending State may not, without the prior express consent of the 40 receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established.
Article 13
1. The head of the mission is Considered as having taken up his functions in the receiving State either when he has presented his credentials or when 45 he has notified his arrival and a true copy of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, in accordance with the practice prevailing in the receiving State, which shall be applied in a uniform manner.
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2. The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the mission.
Article 14
1. Heads of mission are divided into three classes, namely: (a) that of ambassadors or nuncios accredited to Heads of State, and other 5
(b) that of envoys, ministers and intetmuncios accredited to Heads of
(c) that of chargCs d’affaires accredited to Ministers for Foreign Affairs.
differentiation between heads of mission by reason of their class.
heads of mission of equivalent radc;
State;
2. Except as concerns precedence ,and etiquette, there shall be no I O
Article 15
The class to which the heads of their missions are to be assigned shall be agreed between States.
15
Article 16
1. Heads of mission shall take precedence in their respective classes in the order of the date and time of taking up their functions in accordance with Article 13.
2. Alterations in the credentials of a head of mission not involving any 20 change of class shall not affect his precedence.
3. This article is without prejudice l:o any practice accepted by the receiving State regarding the precedence of the representative of the Holy See.
Article 1’7 25
The precedence of the members of the diplomatic staff of the mission shall be notified by the head of the mission to the Ministry for Foreign Affairs or such other ministry as may be agreed.
Article 18
The procedure to be observed in each State for the reception of heads of 30 mission shall be uniform in respect of each class.
Article 19
1. If the post of head of the mission is va.cant, or if the head of the mission is unable to perform his functions, a chargC d’affaires ad interim shall act provisionally as head of the mission. The name of the chargt d’affaires ad 35 interim shall be notified, either by the hea.d of the mission or, in case he is unable to do so, by the Ministry for Foreign Affairs of the sending State to the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.
present in the receiving State, a member of the administrative and technical staff may, with the consent of the receiving State, be designated by the sending State to be in charge of the current administrative affairs of the mission.
2. In cases where no member of the diplomatic staff of the mission is 40
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Article 20
The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport.
Article 2 1
1. The receiving State shall either facilitate the acquisition on its temtory. in accordance with its laws, by the sending State of premises necessary for its mission or assist the latter in obtaining accommodation in some other way.
2. It shall also, where necessary, assist missions in obtaining suitable accommodation for their members.
Article 22
1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission agannst any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
Article 23
1. The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered.
2. The exemption from taxation referred to in this Article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission.
Article 24
The archives and documents of the mission shall be inviolable at any time and wherever they may be.
Article 25
The receiving State shall accord full facilities for the performance of the functions of the mission.
Article 26
Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its temtory.
Article 27
1. The receiving State shall permit and .protect free communication on the part of the mission for all official purpo:ses. In communicating with the Government and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the
5
10
15
20
25
30
35
40
45
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mission may install and use a wireless transmitter only with the consent of the receiving State.
2 . The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions. 5
3. The diplomatic bag shall not be opened or detained. 4. The packages constituting the diplomatic bag must bear visible
external marks of their character and may contain only diplomatic documents or articles intended for official use.
document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.
hoc. In such cases the provisions of par,agraph 5 of this Article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge.
aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indiicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft. 25
5. The diplomatic courier, who shall be provided with an official 10
6. The sending State or the mission may designate diplomatic couriers ad 15
7. A diplomatic bag may be entrusted to the captain of a commercial 20
Article 28
The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes.
Article 29 30
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.
Article 30 35
1. The private residence of a diplom,%tic agent shall enjoy the same
2. His papers, correspondence and, except as provided in paragraph 3 of inviolability and protection as the premises of the mission.
Article 3 1, his property, shall likewise enjoy inviolability.
Article 3 1 40
1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of: (a) a real action relating to private immovable property situated in the
territory of the receiving State, un1e:ss he holds it on behalf of the sending Statefor the purposes of the mission; 45
(b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;
(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official 50 functions.
2. A diplomatic agent is not obliged to give evidence as a witness.
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PRIVILEGES ACT, 2001
3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (cj of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviollability of his person or of his residence. 5
4. The immunity of a diplomatic ag;ent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.
Article 32
1. The immunity from jurisdiction of diplomatic agents and of persons 10 enjoying immunity under Article 37 may be waived by the sending State.
2. Waiver must always be express. 3. The initiation of proceedings by a diplomatic agent or by a person
enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim 15 directly connected with the principal claim.
4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate waiver shall be necessary. 20
Article 33
1. Subject to the provisions of paragrajph 3 of this Article, a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the 25 receiving State.
2. The exemption provided for in paragraph 1 of this Article shall also apply to private servants who are in the sole employ of a diplomatic agent, on condition: (a) that they are not nationals of or permanently resident in the receiving 30
(b) that they are covered by the social security provisions which may be in
3. A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the 35 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. 40
5. The provisions of this Article shall not affect bilateral or multilateral agreements concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future.
State; and
force in the sending State or a third State.
Article 34
A diplomatic agent shall be exempt from all dues and taxes, personal or 45
indirect taxes of a kind which are normally incorporated in the price of real, national, regional or municipal, except:
goods or services; dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State 50 for the purposes of the mission; estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39; dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertak- 55 ings in the receiving State; charges levied for specific services rendered;
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cf) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.
Article 35
The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kinld whatsoever, and from military 5 obligations such as those connected with requisitioning, military contribu- tions and billeting.
Article 36
1. The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all 10 customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on: (a) articles for the official use of the mission; (b) articles for the personal use of a diplomatic agent or members of his
family forming part of his household, including articles intended for 15 his establishment.
2. The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this 20 Article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative.
Article 37 25
1. The members of the family of a diplolmatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36.
2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective 30 households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in Articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of Article 3 1 shall not extend to acts performed outside the course of their duties. They shall also enjoy the 35 privileges specified in Article 36, paragraph 1, in respect of articles imported at the time of first installation.
3. Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and 40 taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33. 4. Private servants of members of the mission shall, if they are not
nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their 45 employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving, State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.
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Article 38
1. Except insofar as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the 5 exercise of his functions.
2. Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those 10 persons in such a manner as not to interfere unduly with the performance of the functions of the mission.
Article 39
1. Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding 15 to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry as may be agreed.
2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease 20 at the moment when he leaves the country, or on expiry of a reasonable
period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall 25 continue to subsist.
3. In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country. 30
4. ln the event of the death of a member of the mission not a national of or permanently resident in the receiving State or a member of his family forming part of his household, the receiving State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibited at 35 the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.
Article 40 40
1. If a diplomatic agent passes through or is in the territory of a third State, which has granted him a passport visa if such visa was necessary, while proceeding to take up or to return to his post, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit or return. The same shall 45 apply in the case of any members of his family enjoying privileges or immunities who are accompanying the diplomatic agent, or travelling separately to join him or to return to their country.
2. In circumstances similar to those specified in paragraph 1 of this Article, third States shall not hinder the passage of members of the 50 administrative and technical or service st& of a mission, and of members of their families, through their territories.
3. Third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. They shall 55 accord to diplomatic couriers, who have been granted a passport visa if such
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visa was necessary, and diplomatic bags in transit the same inviolability and protection as the receiving State is bound to accord.
4. The obligations of third States under paragraphs 1, 2 and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose 5 presence in the temtory of the third State is due to force majeure.
Article 41
1. Without prejudice to their privileges imd immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in 10 the internal affairs of that State.
2. All official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed. 15
3. The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State.
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Article 42
A diplomatic agent shall not in the receiving State practise for personal profit any professional or commercial activity.
Article 43
The function of a diplomatic agent comes to an end, inter alia: 25 (a) on notification by the sending State to the receiving State that the
function of the diplomatic agent has come to an end; (b) on notification by the receiving State to the sending State that, in
accordance with paragraph 2 of Article 9, it refuses to recognize the diplomatic agent as a member of the mission. 30
Article 44
The receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the families of such persons irrespective of their nationality, to leave at the earliest possible 35 moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselvels and their property.
Article 45
If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled: 40 (a) the receiving State must, even in case of armed conflict, respect and
protect the premises of the mission, together with its property and archives;
(b) the sending State may entrust the custody of the premises of the mission, together with its property and archves, to a third State 45 acceptable to the receiving State;
(c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.
..
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Article 46
A sending State may with the prior consent of a receiving State, and at the request of a third State not represented in the receiving State, undertake the temporary protection of the interests of the third State and of its nationals.
Article 47'
1. In the application of the provisions of the present Convention, the
2. However, discrimination shall not be regarded as taking place: receiving State shall not discriminate as between States.
(a) where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its mission in the sending State;
(b) where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.
Article 48
The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or Parties to the Statute of the International Court of Justice, and by any other
State invited by the General Assembly of .the United Nations to become a Party to the Convention, as follows: until 31 October 1961 at the Federal Ministry for Foreign Affairs of Austria and subsequently, until 31 March 1962, at the United Nations Headquarters in New York.
Article 49
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 50
The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in Article 48. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 5 1
1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.
2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Conven- tion shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
Article 52
The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mentioned in Article 48: (a) of signatures to the present Convention and of the deposit of
instruments of ratification or accession, in accordance with Articles 48,49 and 50;
(b) of the date on which the present Convention will enter into force, in accordance with Article 5 1.
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Article 53
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States belonging to any of the four categories 5 mentioned in Article 48.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective govlzrnments, have signed the present Convention.
DONE at Vienna, this eighteenth day of April one thousand nine hundred 10 and sixty-one.
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Schedule 2
Vienna Convention on Consular Relations
Dejnitions
1. For the purposes of the present Convention, the following expressions 5 shall have the meanings hereunder assigned to them: (a) ‘consular post’ means any consulate-general, consulate, vice-consu-
late or consular agency; (b) ‘consular district’ means the area assigned to a consular post for the
exercise of consular fun tions; 10 fc) ‘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 administra- 15
tive or technical service of a consular post; cf) ‘member of the service staff means any person employed in the
domestic service of a consular post; (g) ‘members of the consular post’ means consular officers, consular
employees and members of the service staff, 20 (h) ‘members of the consular staff me.ans consular officers, other than
the head of a consular post, consular employees and members of the service staff
(i) ‘member of the private staff means a person who is employed exclusively in the private service of a member of the consular post; 25
(j) ‘consular premises’ means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post;
( k ) ‘consular archives’ includes all the papers, documents, correspon- dence, books, films, tapes and registers of the consular post, together 30 with the ciphers and codes, the card-indexes and any article of furniture intended for their protection or safekeeping.
2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the 35 provisions of Chapter 111 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 xeceiving State is governed by Article 71 of the present Convention. 40
CHAPTER t
CONSULAR RELATIONS IN GENERAL
SECTION I
ESTABLISHMENT AND CONDUCT O:F CONSULAR RELATIONS
Article 2 45
Establishment of consular relations
1. The establishment of consular relations between States takes place by mutual consent.
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2. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent o the establishment of consular relations.
3. The severance of diplomatic relations shall not ipso facto involve the severance of consular relations. 5
Article 3
Exercise of consulor finctions
Consular functions are exercised by consular posts. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention. 10
Article 4
Establishment of a consular post
1. A consular post may be established in the temtory of the receiving
2. The seat of the consular post, its classification and the consular district 15 State only with that State's consent.
shall be established by the sending State and shall be subject to the approval of the receiving State.
3. Subsequent changes in the seat of the consular post, its classification or the consular district may be made by the sending State only with the consent of the receiving State. 20
4. The consent of the receiving State shall also be required if a consulate-general or a consulate desires to open a vice-consulate or a consular agency in a locality other than tha.t in which it is itself established.
5. The prior express consent of the receiving State shall also be required for the opening of an office forming part of an existing consular post 25 elsewhere than at the seat thereof.
Article 5
Consular functions
Consular functions consist in: protecting in the receiving State the interests of the sending State and 30 of its nationals, both individuals and bodies corporate, within the limits permitted by international law; 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- 35 dance with the provisions of the present Convention; 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; 40 issuing passports and travel documents to nationals of the sending State, and visas or appropriate docume.nts to persons wishing to travel to the sending State; helping and assisting nationals, both individuals and bodies corporate, of the sending State; 45 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; safeguarding the interests of nationals, both individuals and bodies 50 corporate, of the sending State in cases of succession mortis causa in the temtory of the receiving State, in accordance with the laws and regulations of the receiving State;
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DIPLOMATIC IMMUNITIES PRIVILEGES ACT, 2001
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; 5 subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nation- als 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 10 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; transmitting judicial and extrajudicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending 15 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; exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having 20 the nationality of the sending State,, and of aircraft registered in that State, and in respect of their crews; extending assistance to vessels and aircraft mentioned in sub- paragraph ( k ) of this Article and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship’s 25 papers, and, without prejudice to the powers of the authorities of the receiving State, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen in so far as this may be authorized by the laws and regulations of the sending State; 30 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 oibjection is taken by the receiving State or which are referred to in the international agreements in force between th sending State and the receiving State. 35
Article 6
Exercise of consularfunctions ou.tside the consular district
A consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district.
Article 7
Exercise of consularfunctions in a third State
The sending State may, after notifying the States concerned, entrust a consular post established in a particular State with the exercise of consular functions in another State, unless there is express objection by one of the States concerned.
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Article 8
Exercise of consular@nctions on behalf of a third State
Upon appropriate notification to the receiving State, a consular post of the sending State may, unless the receiving State objects, exercise consular functions in the receiving State on behalf of a third State. 5
Article 9
Classes of heads of consular posts
1. Heads of consular posts are divided into four classes, namely: (a) consuls-general; (6) consuls; 10 (c) vice-consuls; (d) consular agents.
2. Paragraph 1 of this Article in no way restricts the right of any of the Contracting Parties to fix the designation of consular officers other than the heads of consular posts. 15
Article 10
Appointment and admission of heads of consular posts
1. Heads of consular posts are appointed by the sending State and are
2. Subject to the provisions of the present Convention, the formalities for 20 admitted to the exercise of their functions by the receiving State.
the appointment and for the admission of the head of a consular post are determined by the laws, regulations and usages of the sending State and of the receiving State respectively.
Article 11
The consular commission or otijication of appointment 25
1. The head of a consular post shall be provided by the sending State with a document, in the form of a commission or similar instrument, made out for each appointment, certifying his capacity and showing, as a general rule, his full name, his category and class, rhe consular district and the seat of the consular post. 30
2. The sending State shall transmit the commission or similar instrument through the diplomatic or other appropriate channel to the Government of the State in whose territory the head of a consular post is to exercise his functions.
commission or similar instrument, send to the receiving State a notification containing the particulars required by paragraph 1 of thls Article.
3. If the receiving State agrees, the sending State may, instead of a 35
Article 12
The exequatur
1. The head of a consular post is admitted to the exercise of his functions 40 by an authorization from the receiving State termed an exequatur, whatever the form of this authorization.
2. A State which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal.
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3. Subject to the provisions of Articles 13 and 15, the head of a consular post shall not enter upon his duties until he has received an exequatur.
Article 13
Provisional admission of head's of consular posts
Pending delivery of the exequatur, the head of a consular post may be admitted on a provisional basis to the exercise of his functions. In that case, the provisions of the present Convention shall apply.
Article 14
NotiJication to the authorities of the consular district
As soon as the head of a consular post is admitted even provisionally to the exercise of his functions, the receiving State shall immediately notify the competent authorities of the consular district. I shall also ensure that the necessary measures are taken to enable the head of a consular post to carry out the duties of his ofEice and to have the 'benefit of the provisions of the present Convention.
Article 15
Temporary exercise of the functions of the head of a consular post
1. If the head of a consular post is unable to carry out his functions or the position of head of consular post is vacant, an acting head of post may act provisionally as head of the consular post.
2. The full name of the acting head of post shall be notified either by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, or, if he is unable to do so, by any competent authority of the sending State, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. As a general rule, this notification shall be given in advance. The receiving State may make the admission as acting head of post of a person who is neither a diplomatic agent nor a consular officer of the sending State in the receiving State conditional on its con:sent.
3. The competent authorities of the receiving State shall af€ord assistance and protection to the acting head of post. While he is in charge of the post, the provisions of the present Convention shall apply to him on the same basis as to the head of the consular post concerned. The receiving State shall not, however, be obliged to grant to an acting head of post any facility, privilege or immunity which the head of the consular post enjoys only subject to conditions not fulfilled by the acting head of post.
4. When, in the circumstances referred to in paragraph 1 of this Article, a member of the diplomatic staff of the diplomatic mission of the sending State in the receiving State is designated by the sending State as an acting head of post, he shall, if the receiving State does not object thereto, continue to enjoy diplomatic privileges and immunitiies.
Article 16
Precedence as between heads cf consular posts
1. Heads of consular posts shall rank in ea.ch class according to the date of the grant of the exequatur.
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2. If, however, the head of a consular post before obtaining the exequatur is admitted to the exercise of his functions provisionally, his precedence shall be determined according to the date of the provisional admission; this precedence shall be maintained after the granting of the exequatur.
posts who obtained the exequatur or provisional admission on the same date shall be determined according to the dat'es on whch their commissions or similar instruments or the notifications re:ferred to in paragraph 3 of Article 11 were presented to the receiving State.
as between themselves, they shall rank according to the dates on which they assumed their functions as acting heads of posts as indicated in the notifications given under paragraph 2 of Article 15.
5. Honorary consular officers who are heads of consular posts shall rank in each class after career heads of consular posts, in the order and according 15 to the rules laid down in the foregoing paragraphs.
not having that status.
3. The order of precedence as between two or more heads of consular 5
4. Acting heads of posts shall rank after all heads of consular posts and, 10
6. Heads of consular posts shall have precedence over consular officers
Article 17
Peqorrnance of diplomatic acts by consular oficers 20
1. In a State where the sending State ha!; no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorized to perform diplomatic acts. The performance of such acts by a consular officer shall not confer upon him any right to claim 25 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 interna- 30 tional law or by international agreements; however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than tlhat to which a consular officer is entitled under the present Convention.
Article 18 35
Appointment of the same person by two or more states as a consular oficer
Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that State.
Article 19
Appointment of members of consular staff 40
1. Subject to the provisions of Articles 20, 22 and 23, the sending State may freely appoint the members of the consular staff.
2. The full name, category and class of all consular officers, other than the head of a consular post, shall be notified by the sending State to the receiving State in sufficient time for the receiving State, if it so wishes, to 45 exercise its rights under paragraph 3 of Article 23.
3. The sending State may, if required by its laws and regulations, request the receiving State to grant an exequatur to a consular officer other than the head of a consular post.
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4. The receiving State may, if required by its laws and regulations, grant an exequatur to a consular officer other than the head of a consular post.
Article 20
Size of the consular staf
In the absence of an express agreement as to the size of the consular staff, 5 the receiving State may require that the sizlz of the staff be kept within limits considered by it to be reasonable and normal, having regard to circum- stances and conditions in the consular district and to the needs of the particular post.
Article 21 10
Precedence as between consular ojicers of a consular posl
The order of precedence as between the consular officers of a consular post and any change thereof shall be notified by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, to the Ministry for Foreign Affairs of the 15 receiving State or to the authority designated by that Ministry.
Article 22
Nationality of consular oficers
1. Consular officers should, in principle, have the nationality of the sending State. 20
2. Consular officers may not be appointed from among persons having the nationality of the receiving State except with the express consent of that State which may be withdrawn at any time.
3. The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State. 25
Article 23
Persons declared “non grata”
1. The receiving State may at any time notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is not acceptable. In that event, the sending State shall, as the 30 case may be, either recall the person concerned or terminate his functions with the consular post.
2. If the sending State refuses or fails within a reasonable time to carry out its obligations under paragraph 1 of this Article, the receiving State may, as the case may be, either withdraw the exequatur from the person 35 concerned or cease to consider him as a member of the consular staff.
3. A person appointed as a member of a consular post may be declared unacceptable before arriving in the territory of the receiving State or, if already in the receiving State, before entering on his duties with the consular post. In any such case, the sending State shall withdraw his 40 appointment.
4. In the cases mentioned in paragraphs 1 and 3 of this Article, the receiving State is not obliged to give to the sending State reasons for its decision.
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Article 24
Notification to the receiving Sta,te of appointments, arrivals and departures
1. The Ministry for Foreign Affairs of the receiving State or the authority designated by that Ministry shall be notified of 5 (a) the appointment of members of a colnsular post, their arrival after
appointment to the consular post, their final departure or the termination of their functions and any other changes affecting their status that may occur in the course of their service with the consular post; 10
(b) the arrival and final departure of a person belonging to the family of a member of a consular post forming part of his household and, where appropriate, the fact that a person becomes or ceases to be such a member of the family;
(c) the arrival and final departure of members of the private staff and, 15 where appropriate, the termination of their service as such;
(d) the engagement and discharge of peraons resident in the receiving State as members of a consular post or as members of the private staff entitled to privileges and immunities.
2. When possible, prior notification of arrival and final departure shall 20 also be given.
SECTION 11
END OF CONSULAR FUNCTIONS
Article 25
Termination of the functions of a member of a consular post 25
The functions of a member of a consular post shall come to an end inter alia: (a) on notification by the sending State to the receiving State that his
(b) on withdrawal of the exequatur; 30 (c) on notification by the receiving State )to the sending State that the
receiving State has ceased to consider him as a member of the consular staff.
functions have come to an end;
Article 26
Departure from the territory of the receiving State 35
The receiving State shall, even in case of armed conflict, grant to members of the consular post and members of the private staff, other than nationals of the receiving State, and to members of their families forming part of their households irrespective of nationality, the necessary time and facilities to enable them to prepare their departure and to leave at the 40 earliest possible moment after the termination of the functions of the members concerned. In particular, it shall, in case of need, place at their disposal the necessary means of transport for themselves and their property other than property acquired in the receiving State the export of which is prohibited at the time of departure. 45
Article 27
Protection of consular premises and archives and of the interests of the sending State in exceptional circumstances
1. In the event of the severance of consular relations between two States:
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(a) the receiving State shall, even in case of armed conflict, respect and protect the consular premises, together with the property of the consular post and the consular archives;
(b) the sending State may entrust the custody of the consular premises, together with the property contained therein and the consular archives, S to a third State acceptable to the receiving State;
(c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.
2. In the event of the temporary or permanent closure of a consular post, the provisions of sub-paragraph (a) of paragraph 1 of this Article shall 10 apply. In addition, (a) if the sending State, although not represented in the receiving State by
a diplomatic mission, has another consular post in the territory of that State, that consular post may be entrusted with the custody of the premises of the consular post which has been closed, together with the 15 property contained therein and the consular archives, and, with the consent of the receiving State, with the exercise of consular functions in the district of that consular post; or
(b) if the sending State has no diplomatic mission and no other consular post in the receiving State, the provisions of sub-paragraphs (b) and (c) 20 of paragraph 1 of this Article shall apply.
CHAPTER 11
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS AND
OTHER MEMBERS OF A CONSULAR POST 2s
SECTION I
FACILITIES, PRIVILEGES AND IMMUNITIES RELATLNG TO A CONSULAR POST
Article 28
Facilities for the work of the consular post 30
The receiving State shall accord full facilities for the performance of the functions of the consular post.
Article 29
Use of national j a g and coat-of-arms
1. The sending State shall have the right to the use of its national flag and 35 coat-of-arms in the receiving State in accordance with the provisions of this Article.
2. The national flag of the sending State may be flown and its coat-of-arms displayed on the building occupied by the consular post and at the entrance door thereof, on the residence of the head of the consular post 40 and on his means of transport when used on official business.
to the laws, regulations and usages of the receiving State. 3. In the exercise of the right accorded by this Article regard shall be had
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Article 30
Accommodation
1. The receiving State shall either facilitate the acquisition n its temtory, in accordance with its laws and regulations, by the sending State of premises necessary for its consular post or assist the latter in obtaining 5 accommodation in some other way.
suitable accommodation for its members. 2. It shall also, where necessary, assist the consular post in obtaining
Article 31
Inviolability of the consztlar premises 10
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 15 of his designee or of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action.
3. Subject to the provisions of paragraph 2 of t h i s Article, the receiving State is under a special duty to take all appropriate steps to protect the 20 consular premises against any intrusion o r damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.
4. The consular premises, their furnishings, the property of the consular post and its means of transport shall be immune from any form of requisition for purposes of national defence or public utility. If expropria- 25 tion is necessary for such purposes, all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid to the sending State.
Article 32
Exemption from taxation of consular premises 30
1. Consular premises and the residence of the career head of consular post of which the sending State or any penon 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. 35
2. The exemption from taxation referred to in paragraph 1 of this Article shall not apply to such dues and taxes if, u.nder 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 40
Inviolability of the consular archives and documents
The consular archives and documents shall be inviolable at all times and wherever they may be.
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Article 34
Freedom of movement
Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure freedom of movement and travel in its territory to all members of the consular post.
Article 35
Freedom of communication
1. The receiving State shall permit and protect freedom of communica- tion on the part of the consular post for all official purposes. In communicating with the Government, the diplomatic missions and other consular posts, wherever situated, of the sending State, the consular post may employ all appropriate means, including diplomatic or consular couriers, diplomatic or consular bags and messages in code or cipher. However, the consular post may install and use a wireless transmitter only with the consent of the receiving State.
2. The official correspondence of the consular post shall be inviolable. Official correspondence means all correspondence relating to the consular post and its functions.
3. The consular bag shall be neither opened nor detained. Nevertheless, if the competent authorities of the receiving State have serious reason to believe that the bag contains something other than the correspondence, documents or articles referred to in paragraph 4 of this Article, they may request that the bag be opened in their presence by an authorized representative of the sending State. If this request is refused by the authorities of the sending State, the bag shall be returned to its place of origin.
4. The packages constituting the consular bag shall bear visible external marks of their character and may contain only official correspondence and documents or articles intended exclusively for official use.
5. The consular courier shall be provided with an official document indicating his status and the number of packages constituting the consular bag. Except with the consent of the receiving State he shall be neither a national of the receiving State, nor, unless he is a national of the sending State, a permanent resident of the receiving State. In the performance of his functions he shall be protected by the receiving State. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.
6. The sending State, its diplomatic missi'ons and its consular posts may designate consular couriers ad hoc. In such cases the provisions of paragraph 5 of this Article shall also apply except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the consular bag in his charge.
7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag, but he shall not be considered to be a consular courier. By arrangement with the appropriate local authorities, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft.
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Article 36
Communication and contact with nationals of the sending state
1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State:
consular officers shall be free to cornmunicate with nationals of the 5 sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State; if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within 10 its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay. The said authorities shall inform the 15 person concerned without delay of his rights under t h s sub-paragraph; consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who 20 is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in mison, custody or detention if he expressly opposes such action.
2. The rights referred to in paragraph 1 of this Article shall be exercised 25 in conformity with the laws and regulation,s of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this Article are intended.
Article 37 30
Information in cases of deaths, guardianship or trusteeship, wrecks and air accidents
If the relevant information is available to The competent authorities of the receiving State, such authorities shall have the duty: (a) in the case of the death of a national of the sending State, to inform 35
without delay the consular post in whose district the death occurred; (b) to inform the competent consular post without delay of any case where
the appointment of a guardian or truste:e appears to be in the interests of a minor or other person lacking full capacity who is a national f the sending State. The giving of this information shall, however, be 40 without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments;
( c ) if a vessel, having the nationality of the sending State, is wrecked or runs aground in the temtorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State suffers an accident 45 on the territory of the receiving State, to inform without delay the consular post nearest to the scene of the occurrence.
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Article 38
Communication with the authorities of the receiving State
In the exercise of their functions, consular officers may address: (a ) the competent local authorities of their consular district; (b) the competent central authorities of the receiving State if and to the 5
extent that this is allowed by the laws, regulations and usages of the receiving State or by the relevant international agreements.
Article 39
Consular fees and charges
1. The consular post may levy in the territory of the receiving State the 10 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. 15
SECTION I1
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST
Article 40 20
Protection of consular oficers
The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity.
Article 41 25
Personal inviolability of consular oficers
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.
officers shall not be committed to prison or liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.
3. If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities. Nevertheless, the proceed- 35 ings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this Article, in a manner which will hamper the exercise of consular functions as little as possible. When, in the circumstances mentioned in paragraph 1 of this Article, it has become necessary to detain aconsular officer, the 40 proceedings against him shall be instituted with the minimum of delay.
2. Except in the case specified in paragraph 1 of this Article, consular 30
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Article 42
NotiJcation of arrest, detention or prosecution
In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the receiving State shall promptly notify the head of the consular post. Should 5 the latter be himself the object of any such measure, the receiving State shall notify the sending State through the diplomatic channel.
Article 43
Immunity from jurisdiction
1. Consular officers and consular employees shall not be amenable to the 10 jurisdiction of the judicial or administrative authorities of the receiving
2. The provisions of paragraph 1 of this Article shall not, however, apply - State in respect of acts performed in the exercise of consular functions.
in respect of a civil action either: (a) arising out of a contract concluded by ,a consular officer or a consular 15
employee in which he did not contract expressly or impliedly as an agent of the sending State; or
(b) by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.
Article 44 20
Liability to give evidence
1. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings. A consular employee or a member of the service staff shall not, except in the cases mentioned in paragraph 3 of this Article, decline to give evidence. If a 25 consular officer should decline to do so, no1 coercive measure or penalty may be applied to him.
2. The authority requiring the evidence of a consular officer shall avoid interference with the performance of his functions. It may, when possible, take such evidence at his residence or at the consular post or accept a 30 statement from him in writing.
3. Members of a consular post are under rlo 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 35 the law of the sending State.
Article 45
Waiver of privileges and immunities
1. The sending State may waive, with regard to a member of the consular post, any of the privileges and immunities provided for in Articles 41, 43 40 and 44.
2. The waiver shall in all cases be express, except as provided in paragraph 3 of this Article, and shall be co~nmunicated to the receiving State in writing.
employee in a matter where he might enjoy immunity from jurisdiction under Article 43 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
3. The initiation of proceedings by a consular officer or a consular 45
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Exemption from registration of aliens and residence permits
1. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.
2. The provisions of paragraph 1 of this Article shall not, however, apply to any consular employee who is not a permanent employee of the sending State or who carries on any private gainful occupation in the receiving State or to any member of the family of any such employee.
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Article 47 15
Exemption from work permits
1. Members of the consular post shall, with respect to services rendered for the sending State, be exempt from any obligations in regard to work permits imposed by the laws and regulations of the receiving State concerning the employment of foreign labour. 20
2. Members of the private staff of consular officers and of consular employees shall, if they do not carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to in paragraph 1 of this Article.
Article 48 25
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 30 receiving State.
2. The exemption provided for in paragra.ph 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 35
(b) that they are covered by the social security provisions which are in
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 40 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. 45
State; and
force in the sending State or a third State.
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Article 49
Exemption from taxation
1. Consular officers and consular ernployees 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: 5 (a) indirect taxes of a kind which are noImally incorporated in the price of
goods or services; (b) dues or taxes on private immovable property situated in the temtory of
the receiving State, subject to the provisions of Article 32; (c) estate, succession or inheritance duties, and duties on transfers, levied 10
by the receiving State, subject to the provisions of paragraph (b) of Article 51;
(d} dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State; 15
( e ) charges levied for specific services rendered; cf) 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 serv s. 20 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 25
Exemption from customs duries 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: 30 (a) articles for the official use of the consular post; (b) articles for the personal use of a consular officer or members of his
family forming part of his household, including articles intended for his establishment. The articles intended for consumption shall not exceed the quantities necessary for direct utilization by the persons 35 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.
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 45 subject to its quarantine laws and regularions. Such inspection shall be carried out in the presence of the consular officer or member of his family concerned.
3. Personal baggage accompanying consular officers and members of 40
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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 Ithe time of his death;
(b) shall not levy national, regional or municipal estate, succession or inheritance duties, and duties on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family of a member of the consular post.
Article 52
Exemption ji-om personal services and contributions
The receiving State shall exempt members of the consular post and members of their families forming part of their households from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.
Article 53
Beginning and end of consular privileges and immunities
1. Every member of the consular post shall enjoy the privileges and immunities provided in the present Convention from the moment he enters the temtory of the receiving State on proceeding to take up his post or, if already in its temtory, from the moment when he enters on his duties with the consular post.
2. Members of the family of a member of the consular post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention from the date from which he enjoys privileges and immunities in accordance with paragraph 1 of this Article or from the date of their entry into the temtory 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 me:mber of his private staff shall normally cease at the moment when the person concerned leaves the receiving State or on the expiry of a reasonable period in which to do so, whichever is the sooner, but shall subsist until that time, even in case of armed conflict. In the case of the persons ]referred to in paragraph 2 of this Article, their privileges and immunities shall come to an end when they cease to belong to the household or to be in the service of a member of the consular post provided, however, that if :such persons intend leaving the receiving State within a reasonable period thereafter, their privileges and immunities shall subsist until the time of their departure.
4. However, with respect to acts performed by a consular officer or a consular employee in the exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time.
5. In the event of the death of a member of the consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until they leave the receiving State or until the expiry of a reasonable period enabling them to do so, whichever is the sooner.
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Article 54
Obligations of third States
1. If a consular officer passes through or is in the temtory of a third State, whlch 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 5 State shall accord to him all immunities provided for by the other Articles of the present Convention as may be required to ensure his transit or return. The same shall apply in the case of any member of his family forming part of h s household enjoying such privileges and immunities who are accompanying the consular officer or traveling separately to join him or to 10 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 olf members of their families forming part of their households. 1.5
3. Third States shall accord to oficial correspondence and to other official communications in transit, including messages in code or cipher, the same freedom and protection as the receiving State is bound to accord under the present Convention. They shall accord to consular couriers who have been granted a visa, if a visa was necessary, and to consular bags in 20 transit, the same inviolability and protection as the receiving State is bound to accord under the present Convention.
4. The obligations of third States under paragraphs 1, 2 and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and to consular bags, whose 25 presence in the territory of the third State is due to force majeure.
Article 55
Respect for the laws and regulations of the receiving State
1. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and 30 regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.
2. The consular premises shall not be used in any manner incompatible with the exercise of consular functions.
3. The provisions of paragraph 2 of this Article shall not exclude the 35 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. 40
Article 56
Insurance against third party risks
Members of the consular post shall comply with any requirement imposed by the laws and regulations of the receiving State in respect of insurance against third party risks arising from the use of any vehicle, 45 vessel or aircraft.
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Article 57
Special provisions concerning private gainful occupation
1. Career consular officers shall not carry on for personal profit any professional or commercial activity in the receiving State.
2. Privileges and immunities provided in this Chapter shall not be accorded: (a) to consular employees or to members of the service staff who carry on
any private gainful occupation in the receiving State; (b) to members of the family of a person referred to in sub-paragraph (a)
of this paragraph or to members of his private staff; (c) to members of the family of a rnember of a consular post who
themselves carry on any private gainful occupation in the receiving State.
CHAPTER. 111
REGIME RELATING TO HONORARY CONSULAR OFFICERS AND CONSULAR POSTS HEADED BY SUCH O m C E R S
Article 58
General provisions relating to facilities, privileges and immunities
1. Articles 28,29,30,34,35,36,37,38 and 39, paragraph 3 ofArticle 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 ble governed by Articles 59, 60, 61 and 62.
2 . Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph 1 of Article 55 shall apply to honorary consular officers. In addition, the facilities, privileges and immunities of such consular officers shall be governed by Articles 63, 64, 65,66 and 67.
3. Privileges and immunities provided in the present Convention shall not be accorded to members of the family of an honorary consular officer or of a consular employee employed at a consular post headed by an honorary consular officer. 4. The exchange of consular bags between two consular posts headed by
honorary consular officers in different Sta.tes shall not be allowed without the consent of the two receiving States concerned.
Article 59
Protection of the consular premises
The receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage artd to prevent any disturbance of the peace of the consular post or impairment of its dignity.
Article 60
Exemption from taxation of consular premises
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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 45 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. 50
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Inviolability of consular archives and documents
The consular archives and documents of a consular post headed by an honorary consular officer shall be inviolable at all times and wherever they may be, provided that they are kept separate from other papers and 5 documents and, in particular, from the private correspondence of the head of a consular post and of any person working with him, and from the materials, books or documents relating to their profession or trade.
Article 62
Exemption from customs duties 10
The receiving State shall, in accordancla 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: 15
coats-of-arms, flags, signboards, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.
Article 63
Criminal proceedings 20
If criminal proceedings are instituted against an honorary consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as 25 possible. When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay.
Article 64
Protection of honorary consular oficers 30
The receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position.
Article 65
Exemption from registration of aliens and residence permits
Honorary consular officers, with the exception of those who carry on for 35 personal profit any professional or commercial activity in the receiving State, shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.
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Article 66
Exemption from ruxation
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. 5
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, 10 military contributions and billeting.
Article 68
Optional character of the institution of honorary consular ofleers
Each State is free to decide whether it will appoint or receive honorary consular officers. 15
CHAPTER rv GENERAL PROVISIONS
Article 69
Consular agents who are not heuds of consular posts
1. Each State is free to decide whether it will establish or admit consular 20 agencies conducted by consular agents not designated as heads of consular post by the sending State.
2. The conditions under which the consular agencies referred to in paragraph 1 of this Article may carry on their activities and the privileges and immunities which may be enjoyed by the consular agents in charge of 25 them shall be determined by agreement between the sending State and the receiving State.
Article 70
Exercise of consular functions by diplomatic missions
1. The provisions of the present Convention apply also, so far as the 30 context permits, to the exercise of consular functions by a diplomatic mission.
2. The names of members of a diplomatic mission assigned to the consular section or otherwise charged with the exercise of the consular functions of the mission shall be notified to the Ministry for Foreign Affairs 35 of the receiving State or to the authority designated by that Ministry.
address: (a) the local authorities of the consular district; (b) the central authorities of the receiving State if this is allowed by the 40
laws, regulations and usages of the receiving State or by relevant international agreements.
4. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2 of this Article shdl continue to be governed by the rules of international law concerning diplomatic relations. 45
3. In the exercise of consular functions a diplomatic mission may
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Article 7 I
Nationals or permanent residenls of the receiving State
1. Except in SO far as additional facilities, privileges and immunities may be granted by the receiving State, consu1a;r officers who are nationals of or permanently resident in the receiving State: shall enjoy only immunity from jurisdiction and personal inviolability in rlespect of official acts performed in the exercise of their functions, and the privilege provided in paragraph 3 of Article 44. SO far as these consular officers are concerned, the receiving State shall likewise be bound by the obligation laid down in Article 42. If criminal proceedings are instituted against such a consular officer, the proceedings shall, except when he is under arrest or detention, be conducted in a manner which will hamper the exercise of consular functions as little as possible.
2. Other members of the consular post who are nationals of or permanently resident in the receiving State and members of their families, as well as members of the families of consular officers referred to in paragraph 1 of this Article, shall enjoy facil.ities, privileges and immunities only in so far as these are granted to them by the receiving State. Those members of the families of members of the consular post and those members of the private staff who are themselves nationals of or permanently resident in the receiving State shall likewise enjoy facilities, privileges and immunities only in so far as these are granted to them by the receiving State. The receiving State shall, however, exercise its jurisdiction over those persons in such a way as not to hinder unduly the performance of the functions of the consular post.
Article 72
Non-discrimination
1. In the application of the provisions of the present Convention the
2. However, discrimination shall not be regarded as taking place: receiving State shall not discriminate as between States.
(a) where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its consular posts in the sending State;
(b) where by custom or agreement Stata extend to each other more favourable treatment than is required by the provisions of the present Convention.
Article 73
Relationship between the present convention and other international agreements
1. The provisions of the present Convention shall not affect other international agreements in force as between States parties to them.
2. Nothing in the present Convention shall preclude States from concluding international agreements confirming or supplementing or extending or amplifying the provisions thereof.
CHAPTER V
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FINAL PROVISIONS
Article 74
Signature
The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or 50
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Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention, as follows: until 31 October 1963 at the Federal Ministry for Foreign Affairs of the Republic of Austria and subsequently, until 3 1 March 1964, at the United Nations Headquarters in New York. 5
Article 75
Ratijication
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the: Secretary-General of the United Nations. 10
Article 76
Accession
The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in Article 74. The instruments of accession shall be deposited with the Secretary-General of 15 the United Nations.
Article 77
Entry into jorce
1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification 20 or accession with the Secretary-General of the United Nations.
2 . For each State ratifying or acceding to the Convention after the d posit of the twenty-second instrument of ratification or accession, the Conven- tion shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession. 25
Article 78
Notifications by the Secretary-General
The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mlentioned in Article 74: (a) of signatures to the present Convention and of the deposit of 30
instruments of ratification or accession, in accordance with Articles 74, 75 and 76;
(b) of the date on which the present Colnvention will enter into force, in accordance with Article 77.
Article 79 35
Authentic texts
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States belonging to any of the four categories 40 mentioned in Article 74.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.
DONE at Vienna, this twenty-fourth day of April, one thousand nine 45 hundred and sixty-three.
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Schedule 3
Convention on the Privileges and Immunities of the United Nationsb adopted by the General Assembly of the United Nations on
13 February 19416
Whereas Article 104 of the Charter of the United Nations provides that ths Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes and
Whereas Article 105 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessaq for the fulfillment of its purposes and that representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization
Consequently the General Assembly by the Resolution adopted on the 13 February 1946, approved the following Convention and proposed it for accession by each Member of the United Nations.
Article I
JURTDICAL PERSONALITY
SECTION 1. The United Nations shall possess juridical personality. It shall have the capacity: (a) To contract; (b) To acquire and dispose of immovable and movable property; (c) To institute legal proceedings.
Article I1
PROPERTY, FUNDS AND ‘4SSETS
SECTION 2. The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.
SECTION 3. The premises of the United Nations shall be inviolable. The property and assets of the United Nations, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
SECTION 4. The archives of the United Nations, and in general all documents belonging to it or held by it, shall be inviolable wherever located.
SECTION 6. In exercising its rights under Section 5 above, the United Nations shall pay due regard to any representations made by the Government of any Member insofar as it is considered that effect can be given to such representations without detriment to the interests of the United Nations.
SECTION 7. The United Nations, its assets, income and the property shall be:
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(a) Exempt from all direct taxes, it is understood, however, that the United Nations will not claim exemption from taxes which are, in fact, no more than charges for public utility ;services;
(b) Exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the 5 United Nations for its official use. It is understood, however, that articles imported under such exemption will not be sold in the country into which they were imported except under conditions agreed with the Government of that country;
(c) Exempt from customs duties and prohibitions and restrictions on 10 imports and exports in respect of its publications.
SECTION 8. While the United Nations will not, as a general rule, claim exemptions from excise duties and from taxes on the sale of the movable and immovable property which form part of the price to be paid, nevertheless when the United Nations is; making import purchases for 15 official use of property on which such dutie,s and taxes have been charged or are chargeable, Members will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.
Article I11 20
FACILITIES IN RESPECT OF COMMUNICATIONS
SECTION 9. The United Nations shall 'enjoy in the temtory of each Member for its official communications treatment not less favourable than that accorded by the Government of that Member to any other Government including its diplomatic mission in the matter of priorities, rates and taxes 25 on mails, cables, telegrams, radiograms, telephotos, telephone and other communications; and press rates for information to the press and radio. No censorship shall be applied to the official correspondence and other official communications of the United Nations.
SECTION 10. The United Nations shall have the right to use codes and to 30 dispatch and receive its correspondence by courier or in bags, which shall have the same immunities and privileges as diplomatic couriers and bags.
Article IV
THE REPRESENTATIVES OF MEMBERS
SECTION 11. Representatives of Members to the principal and subsidiary 35 organs of the United Nations and to conferences convened by the United Nations, shall, while exercising their functions and during the journey to and from the place of meeting, enjoy the following privileges and immunities: (a) Immunity from personal arrest or detention and from seizure of their 40
personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind;
(b) Inviolability for all papers and documents; (c) The right to use codes and to receive papers or correspondence by 45
courier or in sealed bags; (d) Exemption in respect of themselves and their spouses from immigra-
tion restrictions, aliens registration or national service obligations in the state they are visiting or through which they are passing in the exercise of their functions; 50
( e ) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;
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@) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys, and also;
(g) Such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported 5 (otherwise than as part of their person.al baggage) or from excise duties or sales taxes.
SECTION 12. In order to secure, for the r presentatives of Members to the principal and subsidiary organs of the Urhited Nations and to conferences convened by the United Nations, complete freedom of speech and 10 independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer the representatives of Members.
SECTION 13. Where the incidence of any form of taxation depends upon 15 residence periods during which the representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations are present in a state for the discharge of their duties shall not be considered as periods of residence.
SECTION 14. Privileges and immunities are accorded to the representa- 20 tives of Members not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the Member the immunity would impede 25 the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.
SECTION 15. The provisions of Sections 1.1, 12 and 13 are not applicable as between a representative and the authorities of the state of which he is a national or of which he is or has been the representative. 30
SECTION 16. In this article the expression ‘representatives’ shall be deemed to include all delegates, deputy delegates, advisers, technical experts and secretaries of delegations.
Article V
OFFICIALS 35
SECTION 17. The Secretary-General will specify the categories of officials to which the provisions of this Article and Article VI1 shall apply. He shall submit these categories to the General Assembly. Thereafter these categories shall be communicated to the Governments of all Members. The names of the officials included in these categories shall from time to time be 40 made known to the Governments of Members.
SECTION 18. Officials of the United Nations shall: (a) Be immune from legal process in respect of words spoken or written
(b) Be exempt from taxation on the salaries and emoluments paid to them 45
(c) Be immune from national service obligations; (d) Be immune, together with their spouses and relatives dependent on
and all acts performed by them in their official capacity;
by the United Nations;
them, from immigration restrictions and alien registration;
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( e ) Be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Government concerned;
If) Be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as 5 diplomatic envoys;
time of first taking up their post in the country of question. (g) Have the right to import free of duty their furniture and effects at the
SECTION 19. In addition to the immunities and privileges specified in Section 18, the Secretary-General and all Assistant Secretaries-General 10 shall be accorded in respect of themselves, their spouses and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.
SECTION 20. Privileges and immunities are granted to oflicials in the interests of the United Nations and not for the personal benefit of the 15 individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity.
SECTION 21. The United Nations shall co-operate at all times with the appropriate authorities of Members to facilitate the proper administration 20 of justice, secure the observance of polic'e regulations and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this Article.
Article VI
EXPERTS ON MISSIONS FOR THE UNITED NATIONS 25
SECTION 22. Experts (other than officials coming within the scope of Article V) performing missions for the United Nations shall be accorded such privileges and immunities as are necessary for the independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular they 30 shall be accorded: (a) Immunity from personal arrest or detention and from seizure of their
personal baggage; (b) In respect of words spoken or written and acts done by them in the
course of the performance of their mission, immunity from legal 35 process of every kind. This immunity from legal process shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the United Nations;
(c) Inviolability for all papers and documents; (d) For the purpose of their communicatiom with the United Nations, the 40
right to use codes and to receive papers or correspondence by courier or in sealed bags;
( e ) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; 45
If) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic (envoys.
SECTION 23. Privileges and immunities are granted to experts in the interests of the United Nations and not for the personal benefit of the individuals themselves. The Secretary-General shall have the right and the 50 duty to waive the immunity of any expert in any case where, in his opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the United Nations.
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UNITED NATIONS LAlSSEZ-PASSER
SECTION 24. The United Nations may issue United Nations laissez-passer to its officials. These laissez-passer shall be recognized and accepted as valid travel documents by the authorities of Members, taking into account 5 the provisions of Section 25.
SECTION 25. Applications for visas (where required) from the holders of United Nations laissez-passer, when accompanied by a certificate that they are traveling on the business of the United Nations, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for 10 speedy travel.
SECTION 26. Similar facilities to those slpecified in Section 25 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certifcate that they are traveling on the business of the United Nations. 15
SECTION 27. The Secretary-General, Assistant Secretaries-General and Directors traveling on United Nations laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys. 20
SECTION 28. The provisions of this article may be applied to the comparable officials of specialized agencies if the agreements for relation- ship made under Article 63 of the Charter so provide.
Article VI11
SETTLEMENT OF DISPUTES 25
SECTION 29. The United Nations shall make provisions for appropriate modes of settlement of (a) Disputes arising out of contracts or other disputes of a private law
character to which the United Nations is a party; (b) Disputes involving any official of the United Nations who by reason of 30
his official position enjoys immunity, if immunity has not been waived by the Secretary-General.
Final Article
SECTION 3 I. This convention is submitted to every Member of the United Nations for accession. 35
SECTION 32. Accession shall be affected by deposit of an instrument with the Secretary-General of the United Nations and the convention shall come into force as regards each Member on the date of deposit of each instrument of accession.
SECTION 33. The Secretary-General shall inform all Members of the 40 United Nations of the deposit of each accession.
SECTION 34. It is understood that, when an instrument of accession is deposited on behalf of any Member, the Member will be in a position under its own law to give effect to the terms of this convention.
SECTION 35. This convention shall continue in force as between the 45 United Nations and every Member which has deposited an instrument of accession for so long as that Member remains a Member of the United Nations, or until a revised general convention has been approved by the
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General Assembly and that Member has become a party to this revised convention.
SECTION 36. The Secretary-General may conclude with any Member or Members supplementary agreements adjusting the provisions of this convention so far as that Member or those Members are concerned. These 5 supplementary agreements shall in each case be subject to the approval of the General Assembly.
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Schedule 4
Convention on the Privileges antd Immunities of the Specialized Agencies, 1947
Whereas the General Assembly of the United Nations adopted on 13 February 1946 a resolution contemplating the unification as far as 5 possible of the privileges and immunities enjoyed by the United Nations and by the various specialized agencies; and
Whereas consultations concerning the implementation of the aforesaid resolution have taken place between the United Nations and the specialized agencies; 10
Consequently, by the resolution 179 (11) adopted on 21 November 1947, the General Assembly has approved the folllowing Convention, which is submitted to the specialized agencies for acceptance and to every Member of the United Nations and to every other State member of one or more of the specialized agencies for accession. 15
Article I
DEFINITIONS AND SCOPE
Section 1
In this Convention: The words ‘standard clauses’ refer to the provisions of articles II to I X . 20 The words ‘specialized agencies’ mean: (a) The International Labour Organization; (6) The Food and Agriculture Organization of the United Nations; (c) The United Nations Educational, Scientific and Cultural Organi-
(d) The International Civil Aviation Organization; (e) The International Monetary Fund; (f) The International Bank for Reconstruction and Development; (g) The World Health Organization; (h) The Universal Postal Union; 30 (i) The International Telecommunications Union; and ( j ) Any other agency in relationship with the United Nations in
accordance with Articles 57 and 63 of the Charter.
zation; 25
The word ‘Convention’ means, in relation to any particular specialized 35 agency, the standard clauses as modified by the final (or revised) text of the annex transmitted by that agency in accordance with sections 36 and 38. For the purposes of article 111, the words ‘property and assets’ shall also include property and funds administered by a specialized agency 40 in furtherance of its constitutional functions. For the purposes of articles V and VII, the expression ‘representatives of members’ shall be deemed to include a l l representatives, alternates, advisers, technical experts and secretaries of delegations. In sections 13, 14, 15 and 25, the expression ‘meetings convened by a 45 specialized agency’ means meeting: (1) of its assembly and of its executive body (however designated), and ( 2 ) of any commission provided for it its constitution; (3) of any international conference convened by it; and (4) of any committee of any of these bodies. The term ‘executive head’ means the principal executive official of the 50 specialized agency in question, whether dlesignated ‘Director-General’ or otherwise.
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Section 2
Each State party to this Convention in respect of any specialized agency to whch thls Convention has become applicable in accordance with section 37 shall accord to, or in connection with, that agency the privileges and immunities set forth in the standard clauses on the conditions specified 5 therein, subject to any modification of those clauses contained in the provisions of the final (or revised) annex relating to that agency and transmitted in accordance with sections 36 or 38.
Article I1
JURIDICAL PERSO'NALITY 10
Section 3
The specialized agencies shall possess juridical personality. They shall have the capacity (a) to contract, (b ) to acquire and dispose of immovable and movable property; (c) to institute legal proceedings.
Article III 15
PROPERTY, FUNDS AND ASSETS
Section 4
The specialized agencies, their property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case they have expressly waived 20 their immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.
Section 5
The premises of the specialized agencies sl-dl be inviolable. The property and assets of the specialized agencies, wherever located and by whomso- 25 ever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interf'erence, whether by executive, administrative, judicial or legislative action.
Section 6 30
The archives of the specialized agencies, and in general all documents belonging to them or held by them shall be inviolable, wherever located.
Section 8
Each specialized agency shall, in exercising its rights under section 7 above, pay due regard to any representations made by the Government of 35 any State party to this Convention in so far as it is considered that effect can be given to such representations without detriment to the interests of the agency.
Section 9
The specialized agencies, their assets, incorne and other property shall be: 40 (a) Exempt from all direct taxes; it is understood, however, that the
specialized agencies will not claim exemption from taxes which are, in fact, no more than charges for public utility services;
(b) Exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articl'es imported or exported by the 45
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specialized agencies for their official use; it is understood, however, that articles imported under such exemption will not be sold in the country into which they were importe:d except under conditions agreed to with the Government of that country;
(c) Exempt from duties and prohibitions and restrictions on imports and 5 exports in respect of their publications.
Section 10
While the specialized agencies will not, as, a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the 10 specialized agencies are making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, States parties to this Convention will, whenever possible, make appropriate administrative arrangements fix the remission or return of the amount of duty or tax. 15
Article IV
FACILITIES IN RESPECT OF COMMUNICATIONS
Section 11
Each specialized agency shall enjoy, in the territory of each State party to this Convention in respect of that agency, for its official communications, 20 treatment not less favourable than that accorded by the Government of such State to any other Government, including the latter's diplomatic mission in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephone and other communications, and press rates for information to the press and radio. 25
Section 12
No censorship shall be applied to the oficial correspondence and other official communications of the specialized agencies. The specialized agencies shall have the right to use codes and to dispatch 30 and receive correspondence by courier in sealed bags, which shall have the same immunities and privileges as diplomatic couriers and bags. Nothing in this section shall be construetd to preclude the adoption of appropriate security precautions to be determined by agreement between a State party to this Convention and specialized agency. 35
Article V
REPRESENTATIVES OF MEMBERS
Section 13
Representatives of members at meetings convened by a specialized agency shall, while exercising their functions and during their journeys to and from 40 the place of meeting, enjoy the following privileges and immunities: (a ) Immunity from personal arrest or dete.ntion and from seizure of their
personal baggage, and in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind; 45
(b) Inviolability for all papers and documents;
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( e ) The right to use codes and to receive papers or correspondence by courier or in sealed bags;
(d) Exemption in respect of themselves and their spouses from immigra- tion restrictions, aliens' registration or national service obligations in the State which they are visiting or through which they are passing in 5 the exercise of their functions;
( e ) The same facilities in respect of currelncy or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions;
(f) The same immunities and facilities in respect of their personal 10 baggage as are accorded to members of comparable rank of diplomatic missions.
Section 14
In order to secure for the representatives of members of the specialized agencies at meeting convened by them complete freedom of speech and 15 complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken o'r written and all acts done by them in discharging their duties shall continue to be accorded, notwith- standing that the persons concerned are no longer engaged in the discharge of such duties. 20
Section 15
Where the incidence of any form of taxation depends upon residence, periods during which the representatives of members of the specialized agencies at meetings convened by them are present in a member State for the discharge of their duties shall not be considered as periods of residence. 25
Section 16
Privileges and immunities are accorded to the representatives of members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the specialized agencies. Consequently, a member not only has the right but is 30 under a duty to waive the immunity of its representatives in any case where, in the opinion of the member, the immunit:y would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.
Section 17 35
The provisions of sections, 13, 14 and 15 are not applicable in relations to the authorities of a State of which the person is a national or of which he is or has been a representative.
Article VI
OFFICIALS 40
Section 18
Each specialized agency will specify the categories of officials to which the provisions of this article and of article: VI11 shall apply. It shall communicate them to the Governments of all States parties to this Convention in respect of that agency and to the Secretary-General of the 45 United Nations. The names of the officials included in these categories shall from time to time be made known to the above- mentioned Governments.
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Section 19
Officials of the specialized agencies shall: Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity; Enjoy the same exemptions from taxation in respect of the salaries and 5 emoluments paid to them by the specialized agencies and on the same conditions as are enjoyed by the officials of the United Nations; Be immune, together with their spouses and relatives dependent on them from immigration restrictions a~nd alien registration; Be accorded the same privileges in respect of exchange facilities as are 10 accorded to officials of comparable rank of diplomatic missions; Be given, together with their spouses and relatives dependent on them, the same repatriation facilities n time of international crisis as officials of comparable rank of diplomatic missions; Have the right to import free of duty their furniture and effects at the 15 time of first takmg up their post in the country in question.
Section 20
The officials of the specialized agencies shall be exempt from national service obligations, provided that, in relation to the States of which they are nationals, such exemptions shall be confined to officials of the specialized 20 agencies whose names have, by reason of their duties, been placed upon a list compiled by the executive head of the specialized agency and approved by the State concerned.
Should other officials of specialized agencies be called up for national 25 service, the State concerned shall, at the request of the specialized agency concerned, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption in the continuation of essential work.
Section 21 30
In addition to the immunities and privileges specified in section 19 and 20, the executive head of each specialized agency, including any official acting on his behalf during his absence from duty, shall be accorded in respect of himself, his spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance 35 with international law.
Section 22
Privileges and immunities are granted to officials in the interests of the specialized agencies only and not for the personal benefit of the individuals themselves. Each specialized agency shall have the right and the duty to 40 waive the immunity of any officials in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the specialized agency.
Section 23
Each specialized agency shall co-operate at. all times with the appropriate 45 authorities of member States to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuses in connection with the privileges, immunities and facilities mentioned in this article.
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Section 27
States parties to this Convention shall recognize and accept the United Nations laissez-passer issued to officials of the specialized agencies as valid travel documents.
Section 28 5
Applications for visas, where required, from officials of specialized agencies holding United Nations laissez-passer, when accompanied by a certificate that they are traveling on the business of a specialized agency, shall be dealt with as speedily as possible. In addition, such persons hall be granted facilities for speedy travel. 10
Section 29
Similar facilities to those specified in section 28 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are traveling on the business of a specialized agency. 15
Section 30
The executive heads, assistant executive heads, heads of departments and other officials of a rank not lower than head of department of the specialized agencies, travelling on United Nations laissez-passer on the business of the specialized agencies, shall be granted the Sime facilities for travel as are 20 accorded to officials of comparable rank in diplomatic missions.
Article IX
SETTLEMENT OF DISPUTES
Section 31 25
Each specialized agency shall make provision for appropriate modes of settlement of (a) Disputes arising out of contracts or other disputes of private character
to which the specialized agency is a party; (6) Disputes involving any official of a Specialized agency who by reason 30
of his official position enjoys immunity, if immunity has not been waived in accordance with the provisions of section 22.
Article X
ANNEXES AND APPLICATION TO INDIVIDUAL SPECIALIZED AGENCIES 35
Section 33
In their application to each specialized agency, the standard clauses shall operate subject to any modifications set forth in the final (or revised) text of the annex relating to that agency, as provided in sections 36 and 38.
Section 34 40
The provisions of the Convention in relation to any specialized agency must be interpreted in the light of the functions, with which that agency is entrusted by its constitutional instrument.
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Section 35
Draft annexes 1 to 9 are recommended to the specialized agencies named therein. In the case of any specialized agency not mentioned by name in section 1, the Secretary-General of the United Nations shall transmit to the agency a draft annex recommended by the Economic and Social Council.
Section 36
The final text of each annex shall be that approved by the specialized agency in question in accordance with its constitutional procedure. A copy of the annex as approved by each specialized agency shall be transmitted by the agency in question to the Secretary-General of the United Nations and shall thereupon replace the draft referred to in section 35.
Section 31
The present Convention becomes applicaible to each specialized agency when it has transmitted to the Secretary-General of the United Nations the final text of the relevant annex and has informed him that it accepts the standard clauses, as modified by this annex, and undertakes to give effect to section 8, 18, 22, 23, 24, 31, 32,42 and 45 (subject to any modification of section 32 which may be found necessary i n order to make the final text of the annex consonant with the constitutional instrument of the agency) and any provisions of the annex placing obligations on the agency. The Secretary-General shall communicate to all Members of the United Nations and to other States members of the specialized agencies certified copies of all annexes transmitted to him under this :section and of revised annexes transmitted under section 38.
Section 38
If, after the transmission of a final annex under section 36, any specialized agency approves any amendments thereto in accordance with its constitu- tional procedure, a revised annex; shall be transmitted by it o the Secretary-General of the United Nations.
Section 39
The provisions of this Convention shall in no way limit or prejudice the privileges and immunities which have been., or may hereafter be, accorded by any State to any specialized agency by reason of the location in the territory of that State of its headquarters or egional offices. This Convention shall not be deemed to prevent the conclusion between any State party thereto and any specialized agency of supplemental agreements adjusting the provision of this Convention or extending or curtailing the privileges and immunities thereby granted.
Section 40
It is understood that the standard clauses, as modified by the final text of an annex sent by a specialized agency to the Secretary-General of the United Nations under section 36 (or any revised annex sent under section 38), will be consistent with the provisions of the constitutional instrument then in
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force of the agency in question, and that if any amendment to that instrument is necessary for the purpose of makmg the constitutional instrument so consistent, such amendment will have been brought into force in accordance with the constitutional procedure of that agency before the final (or revised) annex is transmitted.
The Convention shall not itself operate so as to abrogate, or derogate from, any provisions of the constitutional instrument of any specialized agency or any rights or obligations which the agency may otherwise have, acquire, or assume.
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Article XI
FINAL PROVISIONS
Section 41
Accession to this Convention by a Member of the United Nations and (subject to section 42) by any State member of a specialized agency shall be 15 effected by deposit with the Secretary-General of the United Nations of an instrument of accession which shall take effect on the date of its deposit.
Section 42
Each specialized agency concerned shall communicate the text of this Convention together with the relevant annexes to those of its members 20 which are not Members of the United Nations and shall invite them to accede thereto in respect of that agency b:y depositing an instrument of accession to this Convention in respect thereof either with the Secretary- General of the United Nations or with the executive head of the specialized agency. 25
Section 43
Each State party to this Convention shall indicate in its instrument of accession the specialized agency or agencies in respect of which it undertakes to apply the provisions of this Convention. Each State party to this Convention may by a subsequent written notification to the Secretary- 30 General of the United Nations undertake to apply the provisions of this Convention to one or more further specialized agencies. This notification shall take effect on the date of its receipt by the Secretary-General.
Section 44
This Convention shall enter into force for each State party to this 35 Convention in respect of a specialized agency when it has become applicable to that agency in accordance with section 37 and the State party has undertaken to apply the provisions of the Convention to that agency in accordance with section 43.
Section 45 40
The Secretary-General of the United Nations shall inform all Members of the United Nations, as well as all members of the specialized agencies, and executive heads of the specialized agencies, of the deposit of each instrument of accession received under section 41 and of subsequent notifications received under section 43. The executive head of a specialized 45 agency shall inform the Secretary-General of United Nations and the
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members of the agency concerned of the deposit of any instrument of accession deposited with him under section 42.
Section 46
It is understood that, when an instrument of accession or a subsequent notification is deposited on behalf of any State, this State will be in a 5 position under its own law to give effect to the terms of this Convention, as modified by the final texts of any annexes relating to the agencies covered by such accessions or notifications.
Section 47 10
1. Subject to the provisions of paragraphs 2 and 3 of this section, each State party to this Convention undertakes to apply this Convention in respect of each specialized agency covereal by its accession or subsequent notification, until such time as a revised convention or annex shall have become applicable to that agency and the said State shall have accepted the 15 revised convention or annex. In the case of a revised annex, the acceptance of States shall be by a notification addressed to the Secretary- General of the United Nations, which shall take effect on the date of its receipt by the Secretary-General.
ceased to be, a member of a specialized agency, may address a written notification to the Secretary-General of the United Nations and the executive head of the agency concerned to the effect that it intends to withhold from that agency the benefits of t h s Convention as from a specified date, which shall not be earlier than three months from the date of 25 receipt of the notification.
3. Each State party to this Convention may withhold the benefit of this Convention from any specialized agency which ceases to be in relationship with the United Nations.
States parties to this Convention of any notification transmitted to him under the provisions of thls section.
2. Each State party to this Convention, however, which is not, or has 20
4. The Secretary-General of the United Nations shall inform all members 30
Section 48
At the request of one-third of the States parties to this Convention, the Secretary-General of the United Nations will convene a conference with a 35 view to its revision.
Section 49
The Secretary-General of the United Nations shall transmit copies of this Convention to each specialized agency and to the Government of each Member of the United Nations. 40
ANNEXES
ANNEX I
INTERNATIONAL LABOUR ORGANIZATION
In their application to the International Labour Organization the standard clauses shall operate subject to the following provisions: 45
1. Article V (other than paragraph (c) of section 13) and section 25, paragraphs 1 and 2 (a), of Article VI1 shall extend to the employers’ and workers’ members and deputy members of the Governing Body of the International Labour Office and their substitutes; except that any
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waiver of the immunity of each such person member under section 16 shall be by the Governing Body.
2. The privileges, immunities, exemptions and facilities referred to in Section 21 of the standard clauses; shall also be accorded to any Deputy Director-General of the International Labour Office and any 5 Assistant Director-General of the International Labour Office.
3. (i) Experts (other than officials coming within the scope of article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their 10 functions, including the time s,pent on journeys in connection with service on such committees or missions:
(a) Immunity from personal arrest or seizure of their personal
(6) In respect of words spoken or written or acts done by them in the performance of their official functions, immunity of legal procelss of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on 20 missions for, the Organization;
(c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign Governments on tempo- rary official missions; 25
(d) Inviolability of their papers and documents relating to the work on which they are engaged for the Organization.
(ii) In connection with (d) of 3 (i) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable. 30
(iii) Privileges and immunities are granted to the experts of the Organization in the interests of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and the duty to waive the immunity of any expert in any case where in its opinion the immunity would 35 impede the course of justice, and it can be waived without prejudice to the interests of the Organization.
baggage; 15
ANNEX I1
THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS 40
In their application to the Food and Agriculture Organization of the United Nations (hereinafter called ‘the Organization’) the standard clauses shall operate subject to the following provisions: 1. Article V and section 25, paragraphs 1 and 2 (1) of Article VI1 shall
extend to the Chairman of the Council of the Organization and to the 45 representatives of Associate Members, except that any waiver of the immunity of the Chairman under section 16 shall be by the Council of the Organization.
2. (i) Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the 50 Organization shall be accorded the following privileges and immunities so far as is necessary fior the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions:
(a) Immunity from personal aIrest or seizure of their personal 55 baggage;
(6) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every kind such immunity to continue notwithstanding that the persons concerned are no longer 60
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serving on committees of, or employed on missions for, the Organization;
(c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- 5 rary official missions;
(d ) Inviolability of their papers and documents relating to the work on which they are engaged for the Organization and, for the purpose of their communications with the Orga- nization, the right to use codes and to receive papers or 10 correspondence by courier or in sealed bags.
(ii) In connection with (d) of 2(i) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable. 15
(iii) Privileges and immunities are granted to the experts in the interest of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and the duty to waive the immunity of any experts in any case where in its opinion the immunity would impede the course of justice, 20 and it can be waived without prejudice to the interest of the Organization.
ANNEX 111
INTERNATIONAL CIVIL AVIATION ORGANIZATION
The standard clauses shall operate in respect to the International Civil 25 Aviation Organization (hereinafter called ‘the Organization’) subject to the following provisions:
1. The privileges, immunities, exemptions and facilities referred to in section 21 of the standard clauses shall also be accorded to the President of the Council of the 0rgani:zation. 30
2. (i) Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their functions, including the time spent on journeys in connection 35 with service on such committees or missions:
(a) Immunity from personal arrest or seizure of their personal
(b) Immunity from legal process from every kind in respect of words spoken or written or acts done by them in the 40 performance of their official functions, such immunity to continue notwithstanding that the persons concerned are no longer serving on conunittees of, or employed on missions for, the Organization;
(c) The same facilities in respect of currency and exchange 45 restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions;
(d) Inviolability of their papers and documents relating to the work on which they are engaged for the Organization. 50
(ii) In connection with (d) of 2(i) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable.
(iii) Privileges and immunities are granted to the experts of the Organization in the interest of the Organization and not for the 55 personal benefit of the individuals themselves. The Organization shall have the right and the duty to waive the immunity of any
baggage;
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experts in any case where in its opinion the immunity would impede the course of justice, and it can be waived without prejudice to the interest of the Organization.
ANNEX I’ir
UNITED NATIONS EDUCATIONAL,, SCIENTIFIC AND CULTURAL ORGANIZATION
5
The standard clauses shall operate in respect to the United Nations Educational Scientific and Cultural Organization (hereinafter called ‘the Organization’) subject to the following provisions:
1. Article V and section 25, paragraphs 1 and 2 (I) or article VI1 shall extend to the President of the Colnference and members of the Executive Board of the Organization, their substitutes and advisers except that any waiver of the immunity of any such persons of the Executive Board under section 16, shall be by the Executive Board.
2. The Deputy Director-General of the Organization, his spouse and minor children shall also enjoy the privileges and immunities, exemptions and facilities accorded to dliplomatic envoys in accordance with international law, which article VI, section 21, of the convention ensures to the executive head of each specialized agency.
3. (i) Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following privileges and immunities SO far as is necessary for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions:
(a) Immunity from personal arrest or seizure of their personal
(b) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Organization;
(c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions.
(ii) Privileges and immunities are granted to the experts of the Organization in the interest of the: Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and the duty 1:o waive the immunity of any experts in any case where in its opinion the immunity would impede the course of justice, and it can be waived without prejudice to the interest of the Organization.
baggage;
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INTERNATIONAL MONETARY FUND
In its application to the International Monetary Fund (hereinafter called ‘the Fund’), the convention (including this annex) shall operate subject to the following provisions: 50 1. Section 32 of the standard clauses shall only apply to differences
arising out of the interpretation or application of privileges and immunities which are derived by the Fund solely from this convention and are not included in those which it can claim under its Articles or Agreement or otherwise. 55
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2. The provisions of the convention (including this annex) do not modify or amend or require the modification or amendment of the Articles of Agreement of the Fund or impair or limit any of the rights, immunities, privileges or exemptions conferred upon the Fund or any of its members, Governors, Executive Directors, alternates, officers or 5 employees by the Articles of Agreement of the Fund, or by any statute, law or egulation of any member of the Fund or any political subdivision of any such member, or otherwise.
ANNEX VI 10
INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
In its application to the International Bank for Reconstruction and Development (hereinafter called ‘the Bank’), the convention (including this annex) shall operate subject to the following provisions: 15
1. The following shall be substituted for section 4: ‘Actions may be brought against the Bank only in a court of competent jurisdiction in the territories of a member of the Bank in which the Bank has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. No 20 actions shall, however, be brought by members or persons acting for r deriving claims from members. The property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgement against the Bank.’
2. Section 32 of the standard clauses shall only apply to differences arising out of the interpretation or application of privileges and immunities which are derived by the Bank solely from this convention and are not included in those which it can claim under its Articles of Agreement or otherwise.
3. The provisions of the convention (including this annex) do not modify or amend or require the modification or amendment of the Articles of Agreement of the Bank or impair or limit any of the rights, immunities, privileges or exemptions conferred upon the Bank or any of its members, Governors, Executive Directors, alternates, officers or 35 employees by the Articles of Agreement of the Bank or by any statute, law or regulation of any member of the Bank or any political subdivision of any such member, or otherwise.
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ANNEX VI1
THE WORLD HEALTH ORGANIZATION 40
In their application to the World Health Organization (hereinafter called ‘the Organization’) the standard clauses shall operate subject to the following modifications:
1. Article V and section 25, paragraphs 1 and 2 (I), of Article VI1 shall extend to persons designated to serve on the Executive Board of the 45 Organization, their alternates and advisers, except that any waiver of the immunity of any such persons under section 16 shall be by the Board.
2. (i) Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the 50 Organization shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions:
(a) Immunity from personal arrest or seizure of their personal 55 baggage;
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(b) In respect of words spoken or written or acts done by them in performance of their official functions, immunity from legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on 5 missions for, the Organization;
(c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions; 10
(d) Inviolability of their papers and documents. ( e ) For the purpose of their communications with the
Organization, the right to use codes and to receive papers or correspondence by courier or in sealed bags. 1s
(ii) The privileges and immunities se.t forth in paragraphs (b) and ( e ) above shall be accorded to persons serving on Expert Advisory Panels of the Organization in thie exercise of their functions as such.
(iii) Privileges and immunities are granted to the experts of the 20 Organization in the interest of thLe Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and the duty to waive the immunity of any experts in any case where in its opinion the immunity would impede the course of justice, and it can be waived without 25 prejudice to the interest of the Organization.
3. Article V and section 25, paragraphs :I and 2 (I), or Article VI1 shall extend to the representatives of Associate Members participating in the work of the Organization in accordance with Articles 8 and 47 of the Constitution.
4. The privileges, immunities, exemptiolns and facilities referred to in section 21 of the standard clauses shall also be accorded to any Deputy Director-General, Assistant Director-General and Regional Director of the Organization.
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ANNEX VI11
UNIVERSAL POSTAL UNION
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The standard clauses shall apply without modification.
ANNEX IX
INTERNATIONAL TELECOMMUNICATIONS UNION
The standard clauses shall apply without modification, except that the 40 International Telecommunication Union shall not claim for itself the enjoyment of privileges treatment with regard to the ‘Facilities in respect of communications’ provided in articles IV, section 11.
ANNEX X
INTERNATIONAL REFUGEE ORGANIZATION
The standard clauses shall apply without modification.
ANNEX XI
WORLD METEOROLOGICAL ORGANIZATION
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The standard clauses shall apply without moldification.
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ANNEX XI1
INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION
1. The privileges, immunities, exemptions and facilities referred to in Article VI, section 21 of the standard clauses shall also be accorded to 5 the Secretary-General of the Organization, to the Deputy Secretary- General and to the Secretary of tlae Maritime Safety Committee, provided that the provisions of this paragraph shall not require the
Member in whose territory the Organization has its Headquarters to 10 apply Article VI, section 21 of the standard clauses to any person who is its national.
2. (a) Experts (other than officials corning within the scope of Article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following privileges and 15 immunities so far as is necessary for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions:
(i) Immunity from personal (arrest or seizure of their personal baggage; 20
(ii) In respect of words spoken or written or acts done by them in performance of tlheir official functions, immunity from legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on 25 missions for, the 0rganin.ation;
(iii) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions; 30
(iv) Inviolability of their papers and documents relating to the work on which they are engaged for the Organization;
(v) The right to use codes and to receive documents and correspondence by courier or in sealed bags for their communications with the Inter-Governmental Maritime 35 Consultative Organizatiom.
In connection with (iv) and (v) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable.
(b) Privileges and immunities are granted to such experts in the 40 interests of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and duty to waive the immunity of any expert in any case where, in its opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the 45 Organization.
ANNEX XI11
INTERNATIONAL FINANCE CORPORATION
In its application to the International Finance Corporation (hereinafter called ‘the Corporation’) the Convention (including this annex) shall 50 operate subject to the following provisions:
1. The following shall be substituted for section 4: ‘Actions may be brought against the Corporation only in a court of competent jurisdiction in the territories of a member in which the Corporation has an office, has appointed an agent for the purpose of 55 accepting service or notice of process, or has issued or guaranteed securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. The property and
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2.
3.
assets of the Corporation shall, where so ever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgement against the Corpora- tion.’ Paragraph (b) of section 7 of the standard clauses shall apply to the 5 Corporation subject to Article 111, section 5 of the Articles of Agreement of the Corporation. The Corporation in its discretion may waive any of the privileges and
immunities conferred under Articles ’VI of its Artlcles of Agreement to 10 such extent and upon such conditions as it may determine.
4. Section 32 of the standard clauses shall only apply to differences arising out of the interpretation olr application of privileges and immunities which are derived by the: Corporation from this Conven- tion and are not included in those which it can claim under its Articles 15 of Agreement or otherwise.
5. The provisions of the Convention (including this annex) do not modify or amend or require the modification or amendment of the Articles of Agreement of the Corporation or impair or limit any of the rights, immunities, privileges or exemptions conferred upon the Corporation 20 or any of its members, Governors, ]Executive Directors, Alternates, offices and employees by the Articles of Agreement of the Corpora- tion, or by any statute, law or regulation of any member of the Corporation or any political subdivision of any such member, or otherwise. 25
ANNEX XIV
INTERNATIONAL DEVELOPMENT ASSOCIATION
In its application to the International Development Association (hereinafter called ‘The Association’) the Convention, including this annex, shall operate subject to the following provision:;: 30
‘Actions may be brought against the Association only in a court of competent jurisdiction in the territories of a member in whch the Association has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed 35 securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. The property and assets of the Association shall, wheresoever located and by whomso- ever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgement against the Associa- 40 tion.’
2. Section 32 of the standard clauses shall only apply to differences arising out of the interpretation or application of privileges and immunities which are derived by the Association from this Conven- tion and are not included in those which it can claim under its Articles 45 of Agreement or otherwise.
3. The provisions of the Convention (including this annex) do not modify or amend or require the modification or amendment of the Articles of Agreement of the Association or impair or limit any of the rights, immunities, privileges or exemptions conferred upon the Association 50 or any of its members, Governors, E:xecutive Directors, Alternates, offices and employees by the Articles of Agreement of the Association, or by any statute, law or regulation of any member of the Association or any political subdivision of any such member, or otherwise.
1. The following shall be substituted for section 4:
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ANNEX XV
WORLD INTELLECTUAL PROPERTY ORGANIZATION
In their application to the World Intellectual Property Organization (hereinafter called ‘the Organization’), the standard clause shall operate subject to the following modi ications: 5
1. The privileges, immunities, exemptions and facilities referred to in Article VI, section 21 of the standard clauses shall also be accorded to the Deputy Directors General of the Organization.
2. (a ) Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the 10
Organization shall be accorded the following privileges and immunities so far as is necessaqr for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions:
(i) Immunity from personal arrest or seizure of their personal
(ii) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every kind, such immunity to continue 20 notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Organization;
(iii) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are 25 accorded to officials of foreign governments on tempo- rary official missions;
(iv) Inviolability for all papers and documents relating to the work on which they are (engaged for the Organization;
(v) For their communications with the Organization, the right 30 to use codes and to receive documents and correspon- dence by courier or in sealed bags.
In connection with (iv) and (v) a.bove, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable. 35
(b) Privileges and immunities are granted to the experts referred to in paragraph (a) above in the interests of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and uty to waive the immunity of any expert in any case wherme, in its opinion, the immunity 40 would impede the course of justice and it can be waived without prejudice to the interests of the Organization.
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baggage;
ANNEX XVI
GOVERNING COUNCIL OF THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT 45
In their application to the International Fund for Agricultural Development (hereinafter called ‘the Fund’) the standard clauses shall operate subject to the following provisions:
1. The privileges, immunities, exemptions and facilities referred to in section 21 of the standard clauses shall also be accorded to the 50 Secretary-General of the Organization, to the any Vice-president of the Fund.
2. (i) Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for the Fund shall be accorded the following privileges and immunities 55 so far as is necessary for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions:
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(a) Immunity from personal arrest or seizure of their personal baggage;
(b) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every hnd , such immunity to continue 5 notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Fund;
(c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are 10 accorded to officials of foreign governments on tempo- rary official missions;
(d) Inviolability of their papers and documents relating to the work on which they are mgaged for the Fund and, for the 15 purpose of their commun.ications with the Fund, the right to use codes and to receive papers or correspondence by courier or in sealed bags..
(ii) In connection with (d) of 2(i) above, the principle contained in the last sentence of section 12 of the standard clauses shall be 20 applicable.
(iii) Privileges and immunities are granted to such experts in the interests of the Fund and not for the personal benefit of the individuals themselves. The Fund shall have the right and duty to waive the immunity of any expert in any case where, in its 25 opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Fund.
ANNEX XVII
UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION
In their application to the United Nations Industrial Development 30 Organization (hereinafter called ‘the Organization’) the standard clauses shall operate subject to the following modifcations:
1. (a) Experts (other than officials coming within the scope of Article VI) serving as committees of, or performing missions for, the Organization shall be accorded the following privileges and 35 immunities so far as is necessary for the effective exercise of their functions, including the time on journeys in connection with service on such committees or missions:
(i) Immunity from personal arrest or detention and from seizure of their personal baggage; 40
(ii) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, 4 5 the Organization;
(iii) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions; 50
(iv) Inviolability of their papers and documents; (v) For their communications with the Organization, the right
to use codes and to receive documents and correspon- dence by courier or in sealed bags.
(b ) In connection with subparagraphs (iv) and (v) of paragraph l ( a ) 55 above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable.
(c) Privileges and immunities are granted to such experts of the Organization in the interests of the Organization and not for the personal benefit of the individuals themselves. The Organization 60
134 No. 22876
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GOVERNMENT GAZETTE, 29 NOVEMBER 2001
Act No. 37,2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001
shall have the right and duty to waive the immunity of any expert in any case where, in its opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Organization.
2. The privileges, immunities, exemptions and facilities referred to in 5 section 21 of the standard clauses shall also be accorded to any Deputy Director-General of the Organization.