RS 0.191.022 Optional Protocol of 24 April 1963 to the Vienna Convention on Consular Relations Concerning the Acquisition of Nationality

Original Language Title: RS 0.191.022 Protocole de signature facultative du 24 avril 1963 à la Convention de Vienne sur les relations consulaires concernant l’acquisition de la nationalité

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0.191.022

Original text

Optional Protocol of Signing to the Vienna Convention on Consular Relations concerning the Acquisition of Nationality

Conclu to Vienna on 24 April 1963

Approved by the Federal Assembly on March 23, 1990 ¹

Instrument of accession deposited by Switzerland on 12 June 1992

Entered into force for Switzerland on 12 July 1992

(State on 26 February 2015)

The States Parties to this Protocol and the Convention ² In Vienna on Consular Relations,

Hereinafter referred to as " the Convention, which was adopted by the United Nations Conference in Vienna from 4 March to 22 April 1963,

Expressing their desire to establish among themselves standards for the acquisition of nationality by members of the consular post and members of their families living in their homes,

Agreed to the following provisions:

Art. I

For the purposes of this Protocol, the term "members of the consular post" has the meaning assigned to it in para. G of s. 1 of the art. 1 of the Convention, that is, it refers to "consular officials, consular employees and service personnel".

Art. II

The members of the consular post who do not have the nationality of the State of residence and the members of their families living in their home do not acquire the nationality of that State by the sole effect of its legislation.

Art. III

This Protocol shall be open for signature by all States which shall become Parties to the Convention in the following manner: until 31 October 1963 at the Federal Ministry of Foreign Affairs of the Republic of Austria, and thereafter until 31 March 1964 at United Nations Headquarters in New York.

Art. IV

This Protocol shall be ratified. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Art. V

This Protocol shall remain open for accession by all States which become Parties to the Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. VI

1. This Protocol shall enter into force on the same day as the Convention or, if that second date is more distant, the thirtieth day after the date of deposit of the second instrument of ratification of the Protocol or accession to that Protocol to the Secretary-General of the United Nations.

2. For each State ratifying or acceding to this Protocol after its entry into force in accordance with par. 1 of this Article, the Protocol shall enter into force on the thirtieth day after the deposit by that State of its instrument of ratification or accession.

Art. VII

The Secretary-General of the United Nations shall notify all States which may become Parties to the Convention:

(a): The signatures to this Protocol and the deposit of instruments of ratification or accession, in accordance with Art. III, IV and V;
(b): The date on which this Protocol enters into force, in accordance with Art. VI.

Art. VIII

The original of this Protocol, of which the English, Chinese, Spanish, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies to all States referred to in Article III.

In witness whereof, The undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Protocol.

Done at Vienna, on the twenty-day of April, nine hundred and sixty-three.

(Suivent signatures)

Scope of application on 26 February 20105 ³


States Parties	Ratification Accession (A)		Entry into force


Germany	7 September	1971	7 October	1971
Belgium	9 September	1970 A	9 October	1970
Botswana	12 May	2008 A	11 June	2008
Bulgaria	July 11	1989 A	10 August	1989
Korea (South)	7 March	1977 A	April 6	1977
Denmark	15 November	1972	15 December	1972
Egypt	21 June	1965 A	March 17	1967
Estonia	21 October	1991 A	20 November	1991
Finland	July 2	1980	1 ^Er August	1980
Gabon	23 February	1965 A	March 17	1967
Ghana	4 October	1963	March 17	1967
India	28 November	1977 A	28 December	1977
Indonesia	4 June	1982 A	4 July	1982
Iran	5 June	1975 A	July 5	1975
Iraq	14 January	1970 A	13 February	1970
Iceland	1 ^Er June	1978 A	1 ^Er July	1978
Italy	25 June	1969	July 25	1969
Kenya	1 ^Er July	1965 A	March 17	1967
Laos	August 9	1973 A	8 September	1973
Madagascar	17 February	1967 A	March 17	1967
Malawi	23 February	1981 A	25 March	1981
Morocco	23 February	1977 A	25 March	1977
Nauru	14 December	2012 A	13 January	2013
Nepal	28 September	1965 A	March 17	1967
Nicaragua	9 January	1990 A	February 8	1990
Niger	21 June	1978 A	July 21	1978
Norway	13 February	1980	March 14	1980
New Zealand ^A	September 5	2003 A	5 October	2003
Oman	May 31	1974 A	30 June	1974
Panama	August 28	1967	27 September	1967
Paraguay	December 23	1969 A	22 January	1970
Netherlands * ^B	17 December	1985 A	16 January	1986
Aruba	17 December	1985	16 January	1986
Curaçao	17 December	1985	16 January	1986
Caribbean (Bonaire, Sint Eustatius and Saba)	17 December	1985	16 January	1986
Sint Maarten	17 December	1985	16 January	1986
Philippines	15 November	1965 A	March 17	1967
Dominican Republic	March 4	1964	March 17	1967
Senegal	29 April	1966 A	March 17	1967
Sweden	19 March	1974	18 April	1974
Switzerland	12 June	1992 A	July 12	1992
Suriname	11 September	1980 A	11 October	1980
Syria	21 June	1965 A	March 17	1967
Thailand	15 April	1999 A	15 May	1999
Tunisia	24 January	1968 A	23 February	1968

* Reservations and declarations, see below.
^A The protocol is not applicable to the Tokelau Islands.
^B For the Kingdom in Europe.

Statement

Netherlands

The Kingdom of the Netherlands interprets the words "does not acquire the nationality of that State by the sole effect of its legislation", as set out in Art. II of the Protocol, as meaning that the acquisition of nationality by filiation is not assimilated to the acquisition of nationality by the sole effect of the legislation of the State of residence.

RO 1992 2062; FF 1987 III 344

¹ RO 1992 2056
² RS 0.191.02
³ RO 1992 2064, 2001 467, 2007 587, 2011 605, 2015 749. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).

Status on 26 February 2015