Advanced Search

RS 0.191.2 Convention of 8 December 1969 on special missions

Original Language Title: RS 0.191.2 Convention du 8 décembre 1969 sur les missions spéciales

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.191.2

Original text

Convention on Special Missions

Conclue in New York on 8 December 1969
Approved by the Federal Assembly on March 25, 1977 1
Instrument of ratification deposited by Switzerland on 3 November 1977
Entry into force for Switzerland on 21 June 1985

(State 23 January 2008)

The States Parties to this Convention,

Recalling that special treatment has been granted at all times to special missions,

Conscious of the purposes and principles of the Charter of the United Nations 2 Concerning the sovereign equality of States, the maintenance of international peace and security and the development of friendly relations of cooperation between States,

Recalling that the importance of the issue of special missions was recognized during the United Nations Conference on Diplomatic Relations and Immunities, as well as in resolution I adopted by the Conference on 10 April 1961,

Considering that the United Nations Conference on Diplomatic Relations and Immunities adopted the Vienna Convention on Diplomatic Relations, which was opened for signature on 18 April 1961 3 ,

Considering that the United Nations Conference on Consular Relations adopted the Vienna Convention on Consular Relations, which was opened for signature on 24 April 1963 4 ,

Convented that an international convention on special missions would complement these two Conventions and contribute to the promotion of friendly relations between countries, irrespective of their constitutional and social regimes,

Convinced that the purpose of the privileges and immunities concerning special missions is not to benefit individuals but to ensure the effective performance of the functions of such missions as missions with a representative character of the State,

Affirming that the rules of customary international law continue to govern matters which have not been resolved by the provisions of this Convention,

Have agreed as follows:

Art. 1 Terminology

For the purposes of this Convention:

(a)
The term "special mission" means a temporary mission, having a representative character of the State, sent by a State to another State with the consent of the State to deal with specific questions or to carry out A specific task with the employee;
(b)
The term "permanent diplomatic mission" means a diplomatic mission within the meaning of the Vienna Convention on Diplomatic Relations;
(c)
The term "consular post" means any consulate general, consulate, vice-consulate or consular agency;
(d)
The term "head of the special mission" means the person designated by the sending State to act in that capacity;
(e)
The expression "representative of the sending State in the special mission" means any person to whom the sending State has assigned that quality;
(f)
The term "members of the special mission" means the head of the special mission, representatives of the sending State in the special mission and members of the staff of the special mission;
(g)
The term "staff members of the special mission" means the members of the diplomatic staff, the administrative and technical staff and the service personnel of the special mission;
(h)
The term " members of diplomatic staff means members of the staff of the special mission who are diplomats for the purposes of the special mission;
(i)
The term "administrative and technical staff" means members of the staff of the special mission employed in the administrative and technical service of the special mission;
(j)
The term "service personnel" means members of the staff of the special mission employed by it as domestic employees or for similar tasks;
(k)
"Persons in the private service" means persons employed exclusively in the private service of members of the special mission.
Art. 2 Sending a special mission

A State may send a special mission to another State with the consent of the latter, obtained in advance through diplomatic channels or by any other agreed or mutually acceptable means.

Art. 3 Functions of a special mission

The functions of a special mission shall be determined by the mutual consent of the sending State and the receiving State.

Art. 4 Sending the same special mission to two or more states

A State which wishes to send the same special mission to two or more States shall inform each State of receipt when seeking its consent.

Art. 5 Sending of a special joint mission by two or more states

Two or more States wishing to send a special joint mission to another State shall inform the receiving State when seeking their consent.

Art. 6 Sending special missions by two or more states to deal with a matter of common interest

Two or more States may at the same time send a special mission to another State, with the consent of that State obtained in accordance with Art. 2, to treat together, with the agreement of all these States, an issue of common interest to all.

Art. 7 Existence of diplomatic or consular relations

The existence of diplomatic or consular relations is not necessary for sending or receiving a special mission.

Art. 8 Appointment of members of the special mission

Subject to the provisions of Art. 10, 11 and 12, the sending State shall, at its choice, appoint the members of the special mission after giving the receiving State all relevant information on the strength and composition of the special mission and in particular the names and qualities of persons That he proposes to appoint. The receiving State may refuse to admit a special mission which it does not consider to be reasonable in view of the circumstances and conditions prevailing in that State and the needs of the mission in question. It may also, without giving reasons, refuse to admit any person as a member of the special mission.

Art. Composition of the special mission

The special mission shall be constituted by one or more representatives of the sending State from which the sending State may designate a leader. It may also include diplomatic staff, administrative and technical staff, as well as staff.

2. When members of a permanent diplomatic mission or consular post in the receiving State are included in a special mission, they shall retain their privileges and immunities as members of the Permanent Diplomatic Mission or In addition to the privileges and immunities granted by this Convention.

Art. 10 Nationality of members of the special mission

The representatives of the sending State in the special mission and the members of the diplomatic staff of the special mission shall, in principle, have the nationality of the sending State.

2. Nationals of the receiving State may be part of the special mission only with the consent of that State, which may at any time withdraw it.

The receiving State may reserve the right provided for in s. 2 of this Article in respect of nationals of a third State who are not also nationals of the sending State.

Art. 11 Notifications

1. Are notified to the Ministry of Foreign Affairs or to such other body of the receiving State which has been agreed upon:

(a)
The composition of the special mission, as well as any subsequent changes in the composition;
(b)
The final arrival and departure of the members of the mission and the termination of their duties in the mission;
(c)
The final arrival and departure of any person accompanying a member of the mission;
(d)
The commitment and dismissal of persons residing in the receiving State, as members of the mission or as persons in the private service;
(e)
The appointment of the head of the special mission or, in the absence of a leader, the representative referred to in s. 1 of the art. 14, as well as their alternate;
(f)
The location of the premises occupied by the special mission and private dwellings which enjoy inviolability in accordance with Art. 30, 36 and 39, as well as any other information that would be required to identify these premises and units.

2. With the exception of impossibility, final arrival and departure must be subject to prior notification.

Art. 12 Person Declared Not Grata or Not Acceptable

The receiving State may, at any time and without having to give reasons for its decision, inform the sending State that any representative of the sending State in the special mission or any member of its diplomatic staff is Persona non grata Or that any other staff member of the Mission is not acceptable. The sending State will then recall the person in question or terminate his duties with the special mission, as the case may be. A person may be declared non-grata or not acceptable before arriving on the territory of the receiving State.

2. If the sending State refuses to carry out, or does not carry out within a reasonable time, its obligations under paragraph 1 of this article, the receiving State may refuse to recognise the person in question as a member of the Of the special mission.

Art. 13 Starting the functions of a special mission

1. The functions of a special mission shall commence upon formal contact of the mission with the Ministry of Foreign Affairs or such other body of the receiving State as agreed upon.

(2) The commencement of the functions of a special mission shall not depend on a presentation by the Permanent Diplomatic Mission of the sending State or the delivery of credentials or full powers.

Art. 14 Authority to act on behalf of the special mission

1. The Head of the Special Mission or, if the sending State has not appointed a Head, one of the representatives of the sending State, appointed by the sending State, shall be authorized to act on behalf of the Special Mission and to send communications to the receiving State. The receiving State shall address communications concerning the special mission to the Head of Mission or, in the absence of a Head, to the representative referred to above, either directly or through the Permanent Diplomatic Mission.

2. However, a member of the special mission may be authorized by the sending State, by the head of the special mission or, in the absence of a leader, by the representative referred to in paragraph 1 of this article, or to substitute the head of the special mission or That representative, or to carry out specific acts on behalf of the mission.

Art. 15 Body of the receiving State with which the official cases are dealt with

All official cases dealt with with the receiving State, entrusted to the special task by the sending State, must be dealt with with the Ministry of Foreign Affairs or through its intermediary, or with such other organ of the receiving State Of which it was agreed.

Art. 16 Rules on precedence

Where two or more special missions meet in the territory of the receiving State or a third State, the precedence between such missions shall be determined, except in accordance with the alphabetical order of the name of the States employed by the Protocol of the State in whose territory they meet.

2. Precedence between two or more special missions which meet for a ceremony or for a solemn occasion shall be governed by the Protocol in force in the receiving State.

(3) The order of precedence of the members of the same special mission shall be that which is notified to the receiving State or to the third State in whose territory two or more special missions meet.

Art. 17 Headquarters of the special mission

The special mission shall have its headquarters in the locality agreed upon by mutual agreement between the States concerned.

2. Failing agreement, the special mission shall have its seat in the locality where the Ministry of Foreign Affairs of the receiving State is located.

3. If the special mission performs its functions in different localities, the States concerned may agree that it will have several seats between which they may choose a principal seat.

Art. 18 Meeting of special missions in the territory of a third State

Special missions of two or more States may meet in the territory of a third State only after obtaining the express consent of the third State, which retains the right to withdraw it.

2. By giving its consent, the third State may lay down conditions which the sending States must observe.

3. The third State shall assume in respect of the sending States the rights and obligations of a receiving State to the extent that it indicates by giving its consent.

Art. 19 Right of the special mission to use the flag and emblem of the sending State

The special mission shall have the right to place the flag and emblem of the sending State on the premises it occupies and on its means of transport when used for the purposes of the service.

(2) In the exercise of the right granted by this Article, account shall be taken of the laws, regulations and usages of the receiving State.

Art. End of functions of a special mission

1. The functions of a special mission shall be terminated in particular by:

(a)
The agreement of the States concerned;
(b)
Fulfilling the task of the special mission;
(c)
The expiration of the duration assigned to the special mission, except for an express extension;
(d)
Notification by the sending State that it terminates the special mission or recalls it;
(e)
The notification by the receiving State that it considers the special mission to be completed.

2. The breakdown of diplomatic or consular relations between the sending State and the receiving State does not itself result in the termination of the special missions existing at the time of this breakdown.

Art. Status of the Head of State and of high-ranking officials

The head of the sending State, when he or she is at the head of a special mission, shall enjoy, in the receiving State or in a third State, the facilities, privileges and immunities recognised by international law to the Heads of State on official visits.

2. The Head of Government, the Minister for Foreign Affairs and other senior figures, when taking part in a special mission of the sending State, shall enjoy, in the receiving State or in a third State, in addition to what is Granted by this Convention, of the facilities, privileges and immunities recognized by international law.

Art. Facilitated in general

The receiving State shall grant the special mission the facilities required for the performance of its functions, taking into account the nature and task of the special mission.

Art. Premises and accommodation

The receiving State shall assist the special mission, if requested, to obtain the premises necessary for it and to obtain suitable accommodation for its members.

Art. 24 Tax exemption for special mission premises

1. To the extent compatible with the nature and duration of the duties performed by the special mission, the sending State and the members of the special mission acting on behalf of the special mission shall be exempt from all national, regional or national taxes and Local authorities, in respect of the premises occupied by the special mission, provided that they are not taxes or taxes collected as remuneration for specific services rendered.

2. The tax exemption provided for in this Article shall not apply to such taxes where, according to the law of the receiving State, they are borne by the person dealing with the sending State or with a member of the mission Special.

Art. 25 Inviolability of premises

The premises in which the special mission is installed in accordance with this Convention shall be inviolable. The agents of the receiving State shall not be permitted to enter it, except with the consent of the head of the special mission or, where appropriate, the head of the permanent diplomatic mission of the sending State accredited to the receiving State. Such consent may be presumed to be acquired in the event of a fire or other disaster that poses a serious threat to public safety, and only in the event that it is not possible to obtain the express consent of the head of the special mission or, The head of the permanent mission.

2. The receiving State shall have a special obligation to take all appropriate measures to prevent the premises of the special mission from being invaded or damaged, the peace of the troubled mission or its diminished dignity.

3. The premises of the special mission, their furnishings, the other assets used for the operation of the special mission and its means of transport cannot be searched, requisition, seizure or enforcement action.

Art. 26 Inviolability of archives and documents

The archives and documents of the special mission shall be inviolable at all times and in any place they are located. They should, whenever necessary, wear visible outer marks of identification.

Art. 27 Freedom of movement

Subject to its laws and regulations concerning areas where access is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the Special Mission the freedom of movement and movement on Its territory to the extent necessary for the performance of the functions of the special mission.

Art. 28 Freedom of communication

1. The receiving State shall permit and protect the free communication of the special mission for all official purposes. By contacting the Government of the sending State, as well as with its diplomatic missions, consular posts and other special missions, or with sections of the same mission, wherever they may be, the special mission may employ All appropriate means of communication, including letters and messages in code or in number. However, the special mission may only install and use a radio transmitter station with the consent of the receiving State.

2. The official correspondence of the special mission is inviolable. The term "official correspondence" refers to all correspondence relating to the special mission and its functions.

3. Where possible in practice, the special mission shall use the means of communication, including suitcase and mail, of the permanent diplomatic mission of the sending State.

4. The suitcase of the special mission shall not be open or retained.

5. Packages constituting the suitcase of the special mission shall bear visible outer marks of their character and may contain only documents or objects for official use of the special mission.

6. The letter of the special mission, which must carry an official document certifying its quality and specifying the number of packages constituting the suitcase, is, in the exercise of its functions, protected by the receiving State. He enjoys the inviolability of his person and cannot be subjected to any form of arrest or detention.

7. The sending State or the special mission may appoint letters Ad hoc Of the special mission. In this case, the provisions of s. 6 of this article shall also be applicable, provided that the immunities mentioned therein shall cease to apply as soon as the ad hoc mail has given to the addressee the suitcase of the special mission of which he is responsible.

8. The suitcase of a special mission may be assigned to the commander of a ship or commercial aircraft that must arrive at an authorized port of entry. This commander must carry an official document indicating the number of packages constituting the suitcase, but he is not considered to be a letter from the special mission. Following an arrangement with the competent authorities, the special mission may send one of its members to take, directly and freely, possession of the suitcase from the commander of the ship or aircraft.

Art. Inviolability of person

The person of the representatives of the sending State in the special mission as well as that of the members of the diplomatic staff of the special mission shall be inviolable. They may not be subjected to any form of arrest or detention. The receiving State shall treat them with due respect and shall take all appropriate measures to prevent any harm to their person, freedom and dignity.

Art. Inviolability of private housing

1. The private accommodation of the representatives of the sending State in the special mission and the members of the diplomatic staff of the special mission shall enjoy the same inviolability and protection as the premises of the special mission,

2. Their documents, correspondence and, subject to subs. 4 of Art. 31, their property also enjoys inviolability.

Art. Immunity from jurisdiction

The representatives of the sending State in the special mission and the members of the diplomatic staff of the special mission shall enjoy immunity from the criminal jurisdiction of the receiving State.

2. They shall also enjoy immunity from the civil and administrative jurisdiction of the receiving State, except in the case of:

(a)
Real action in respect of a private property situated in the territory of the receiving State, unless the person concerned possesses it on behalf of the sending State for the purposes of the mission;
(b)
An action in respect of an estate in which the person concerned appears as executor, administrator, heir or legal person, on a private basis, and not in the name of the sending State;
(c)
An action in respect of any professional or commercial activity carried out by the person concerned in the receiving State outside his or her official duties;
(d)
An action for compensation for damage resulting from an accident caused by a vehicle used outside the official duties of the person concerned.

3. The representatives of the sending State in the special mission and the members of the diplomatic staff of the Special Mission are not obliged to give their testimony.

4. No enforcement action may be taken in respect of a representative of the sending State in the special mission or of a member of the diplomatic staff of the sending State, except in the cases provided for in paras. (a), (b), (c) and (d) of s. 2 of this Article, and provided that the execution can be carried out without prejudice to the inviolability of the person or his dwelling.

The immunity from the jurisdiction of the representatives of the sending State in the special mission and of the members of the diplomatic staff of the sending State shall not exempt such persons from the jurisdiction of the sending State.

Art. 32 Exemption from social security provisions

1. Subject to the provisions of subs. 3 of this Article, the representatives of the sending State in the special mission and the members of its diplomatic staff are, in respect of services rendered to the sending State, exempt from the social security provisions which may Be in force in the receiving State.

(2) The exemption provided for in paragraph 1 of this Article shall also apply to persons who are to the exclusive private service of a representative of the sending State in the special mission or a member of the diplomatic staff of the special mission, provided that:

(a)
They are not nationals of the receiving State or do not have their permanent residence, and
(b)
They are subject to the social security provisions which may be in force in the sending State or in a third State.

3. The representatives of the sending State in the special mission and the members of the diplomatic staff of the special mission who have at their service persons to whom the exemption provided for in s. 2 of this Article shall not apply to the obligations which the social security provisions of the receiving State impose on the employer.

4. The exemption under s. 1 and 2 of this Article shall not exclude voluntary participation in the social security scheme of the receiving State, provided that it is admitted by that State.

5. The provisions of this Article shall not affect bilateral or multilateral agreements on social security that have been concluded previously and shall not prevent the subsequent conclusion of such agreements.

Art. 33 Exemption from taxes

The representatives of the sending State in the special mission and the members of the diplomatic staff of the special mission shall be exempt from all taxes, personal or real, national, regional or communal, except:

(a)
Indirect taxes of a nature such that they are normally incorporated in the price of goods or services;
(b)
Taxes on private immovable property situated in the territory of the receiving State, unless the person concerned has them on behalf of the sending State for the purposes of the mission;
(c)
The rights of succession collected by the receiving State, subject to the provisions of Art. 44;
(d)
Taxes on private income which have their source in the receiving State and capital taxes levied on investments made in commercial enterprises located in the receiving State;
(e)
Taxes collected in respect of particular services rendered; registration, registry, mortgage and stamp duties, subject to the provisions of s. 24.
Art. 34 Exemption from Personal Benefits

The receiving State shall exempt representatives of the sending State from the special mission and the members of the diplomatic staff of the sending State from any personal service, any public service of any kind and of any kind Military personnel such as requisitions, contributions and military housing.

Art. 35 Customs exemption

1. Within the limits of the legislative and regulatory provisions it may adopt, the receiving State shall authorise the entry and grant the exemption from customs duties, taxes and related charges other than storage, transport and costs Relating to similar services, as regards:

(a)
Objects intended for the official use of the special mission;
(b)
Objects intended for the personal use of representatives of the sending State in the special mission and of the members of the diplomatic staff of the sending State.

2. The representatives of the sending State in the special mission and the members of the diplomatic staff of the special mission shall be exempt from the inspection of their personal baggage, unless there are serious grounds for believing that it contains objects Benefiting from the exemptions mentioned in s. 1 of this article, or articles whose import or export is prohibited by the legislation or subject to the quarantine regulations of the receiving State. In such cases, the inspection shall be carried out only in the presence of the person concerned or his authorized representative.

Art. 36 Administrative and technical staff

Members of the administrative and technical staff of the Special Mission shall enjoy the privileges and immunities referred to in Art. 29 to 34, except that the immunity of the civil and administrative jurisdiction of the receiving State referred to in para. 2 of the art. 31 does not apply to acts performed outside the performance of their duties. They also enjoy the privileges referred to in paragraph 1 of Art. 35 for objects imported during their first entry into the territory of the receiving State.

Art. Service Staff

Members of the service staff of the special mission shall enjoy immunity from the jurisdiction of the receiving State in respect of acts performed in the performance of their duties, and of the exemption from taxes on salaries Receive the fact of their services as well as the exemption from the social security legislation provided for in Art. 32.

Art. 38 Persons in private service

Persons in the private service of the members of the special mission are exempt from taxes on the salaries they receive as a result of their services. In all other respects, they enjoy privileges and immunities only to the extent permitted by the receiving State. However, the receiving State must exercise its jurisdiction over such persons so as not to unreasonably interfere with the performance of the functions of the special mission.

Art. 39 Members of the family

1. The members of the families of the representatives of the sending State in the special mission and of the members of the diplomatic staff of the latter shall enjoy the privileges and immunities referred to in the art. 29 to 35 if they accompany these members of the special mission and provided that they are not nationals of the receiving State or do not have their permanent residence.

2. The members of the families of the members of the administrative and technical staff of the special mission shall enjoy the privileges and immunities referred to in Art. 36 if they accompany these members of the special mission and provided that they are not nationals of the receiving State or do not have their permanent residence.

Art. 40 Nationals of the receiving State and persons with permanent residence in the receiving State

(1) Unless additional privileges and immunities have been granted by the receiving State, the representatives of the sending State in the special mission and the members of the diplomatic staff of the special mission who are nationals of the State of Receiving or having their permanent residence shall enjoy immunity from jurisdiction and inviolability for official acts performed in the performance of their duties.

2. The other members of the special mission and persons in the private service who are nationals of the receiving State or have their permanent residence there shall enjoy privileges and immunities only to the extent that they are recognized by that State. However, the receiving State must exercise its jurisdiction over such persons so as not to unreasonably interfere with the performance of the functions of the special mission.

Art. Waiver of immunity

The sending State may waive the immunity from the jurisdiction of its representatives in the special mission, the members of the diplomatic staff of the latter and other persons who enjoy immunity under Art. 36 to 40.

2. The waiver must always be express.

3. If any of the persons referred to in s. 1 of this Article requires a procedure, it is no longer admissible to invoke immunity from jurisdiction in respect of any counterclaim directly related to the parent application.

4. Waiver of immunity from jurisdiction for civil or administrative action is not intended to imply waiver of immunity in respect of enforcement measures for which a separate waiver is required.

Art. Transit by the territory of a third State

1. If a representative of the sending State in the special mission or a member of the diplomatic staff of the sending State crosses the territory or is in the territory of a third State to carry out his duties or to return to the sending State, The third State shall grant it the inviolability and all other immunities necessary for its passage or return. The same shall be done for members of the family enjoying the privileges and immunities that accompany the person referred to in this paragraph, whether they travel with them or that they travel separately to join or return to their country.

2. Under conditions similar to those provided for in par. 1 of this Article, third States shall not hinder the passage on their territory of members of the administrative and technical or service personnel of the special mission and of the members of their families.

3. Third States shall accord to correspondence and other official communications in transit, including messages in code or numeral, the same freedom and protection which the receiving State is obliged to grant under the present Convention. Subject to the provisions of subs. 4 of this Article, they shall accord to the letters and suitcases of the special mission in transit the same inviolability and protection as the receiving State shall be obliged to grant under this Convention.

4. The third State shall not be obliged to fulfil its obligations with regard to the persons mentioned in s. 1, 2 and 3 of this article if he has been informed in advance, either by the application for a visa or by a notification, of the transit of such persons as members of the special mission, members of their family or couriers, and has not objected to it.

5. The obligations of third States under s. 1, 2 and 3 of this Article shall also apply in respect of the persons referred to in those paragraphs, and in respect of the official communications of the special mission and suitcases thereof, where the use of the Territory of the third State is due to force majeure.

Art. 43 Duration of privileges and immunities

1. Any member of the special mission shall enjoy the privileges and immunities to which he is entitled as soon as he enters the territory of reception to carry out his duties in the special mission or, if he is already in that territory, as soon as his Appointment has been notified to the Ministry of Foreign Affairs or to such other body of the receiving State as agreed.

(2) Where the duties of a member of the special mission terminate, his or her privileges and immunities normally cease at the time of departure from the territory of the receiving State, or at the expiration of a reasonable period of time granted to him or her That is the end, but they remain until that moment, even in the case of armed conflict. However, immunity shall remain in respect of acts performed by that member in the performance of his duties.

3. In the event of the death of a member of the special mission, members of his family shall continue to enjoy the privileges and immunities enjoyed by them until the expiration of a reasonable period of time allowing them to leave the territory of the State of Receipt.

Art. 44 Property of a member of the special mission or a member of his or her family in the event of death

1. In the event of the death of a member of the special mission or of a member of his or her family who accompanied him, if the deceased was not a national of the receiving State or was not in his permanent residence, the receiving State shall permit the withdrawal of the goods Furniture of the deceased, with the exception of those that would have been acquired in the country and would be subject to an export ban at the time of death.

2. No inheritance rights shall be levied on movable property in the receiving State solely because of the presence in that State of the deceased as a member of the special mission or family of a member of the mission.

Art. 45 Facilities for the departure of the territory of the receiving State and for the withdrawal of the archives of the special mission

The receiving State must, even in the event of armed conflict, grant facilities to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the family of such persons Persons, irrespective of their nationality, to leave their territory as soon as possible. In particular, it must, if necessary, make available to them the necessary means of transport for themselves and for their goods.

2. The receiving State shall grant the sending State facilities to withdraw the archives of the special mission from the territory of the receiving State.

Art. Consequences of the end of the functions of the special mission

When the functions of a special mission are terminated, the receiving State shall respect and protect the premises of the special mission as long as they are assigned to it, as well as the assets and archives of the special mission. The sending State must withdraw these assets and archives within a reasonable period of time.

2. In the absence of diplomatic or consular relations between the sending State and the State of receipt or breakdown of such relations and if the functions of the special mission have ceased, the sending State may, even if there is an armed conflict, entrust the The custody of the assets and archives of the special mission to a third State acceptable to the receiving State.

Art. Compliance with the laws and regulations of the receiving State and use of the premises of the special mission

(1) Without prejudice to their privileges and immunities, all persons who enjoy such privileges and immunities under this Convention shall have the duty to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.

2. The premises of the special mission shall not be used in a manner incompatible with the functions of the special mission as designed in this Convention, in other rules of general international law or in Specific agreements in force between the sending State and the receiving State.

Art. 48 Business or commercial activity

The representatives of the sending State in the special mission and the members of the diplomatic staff of the special mission shall not exercise in the receiving State any professional or commercial activity for personal gain.

Art. Non-discrimination

1. In the application of the provisions of this Convention, no discrimination shall be made between States.

2. However, shall not be considered discriminatory:

(a)
The fact that the receiving State strictly applies one of the provisions of this Convention because it is so applied to its special task in the sending State;
(b)
The fact that States are amending, by custom or by agreement, the scope of the facilities, privileges and immunities for their special missions, although such modification has not been agreed with other States, provided that it is not Not incompatible with the object and purpose of this Convention and shall not affect the enjoyment of the rights or the performance of the obligations of third States.
Art. 50 Signature

This Convention shall be open for signature by all States Members of the United Nations or of a specialized agency or of the International Atomic Energy Agency, as well as any State Party to the Statute of the Court International Court of Justice and any other State invited by the General Assembly of the United Nations to become a Party to the Convention until 31 December 1970 at United Nations Headquarters in New York.

Art. Ratification

This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Art. Accession

This Convention shall remain open for accession by any State belonging to one of the categories referred to in Art. 50. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. Entry into force

(1) This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by that State of its instrument of Ratification or accession.

Art. Notifications by the depositary

The Secretary-General of the United Nations shall notify all States belonging to one of the categories referred to in Art. 50:

(a)
The signatures on this Convention and the deposit of instruments of ratification or accession in accordance with Art. 50, 51 and 52;
(b)
The date on which this Convention enters into force in accordance with Art. 53.
Art. Authentic texts Field of application January 23, 2008 Reservations

The original of this Convention, 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 transmit certified copies thereof to the All States belonging to one of the categories referred to in Art. 50.

In witness whereof The undersigned, duly authorized to that effect by their respective Governments, have signed this Convention, which was opened for signature in New York on 16 December 1969.

(Suivent signatures)

Scope of application on 23 January 2008 5

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Argentina

13 October

1972

21 June

1985

Austria

22 August

1978 A

21 June

1985

Belarus

August 28

1997 A

27 September

1997

Bosnia and Herzegovina

1 Er September

1993 S

February 6

1992

Bulgaria *

14 May

1987 A

13 June

1987

Chile

19 October

1979 A

21 June

1985

Cyprus

24 January

1972

21 June

1985

Colombia

29 October

2004 A

28 November

2004

Korea (North)

22 May

1985 A

21 June

1985

Croatia

12 October

1992 S

8 October

1991

Cuba *

9 June

1976 A

21 June

1985

Spain

May 31

2001 A

30 June

2001

Estonia

21 October

1991 A

20 November

1991

Fiji

18 October

1972 A

21 June

1985

Georgia

22 June

2005 A

July 22

2005

Guatemala

12 February

1988 A

13 March

1988

Indonesia

4 June

1982 A

21 June

1985

Iran

5 June

1975 A

21 June

1985

Liberia

16 September

2005 A

October 16

2005

Liechtenstein

August 3

1977

21 June

1985

Lithuania

August 5

2004 A

4 September

2004

Macedonia

29 December

2005 S

17 November

1991

Mexico

31 January

1979 A

21 June

1985

Montenegro

23 October

2006 S

3 June

2006

Paraguay

19 September

1975 A

21 June

1985

Philippines

26 November

1976

21 June

1985

Poland

22 March

1977 A

21 June

1985

Czech Republic

22 February

1993 S

1 Er January

1993

Rwanda

29 November

1977 A

21 June

1985

Serbia

12 March

2001 S

April 27

1992

Seychelles

28 December

1977 A

21 June

1985

Slovakia

28 May

1993 S

1 Er January

1993

Slovenia

July 6

1992 S

25 June

1991

Switzerland

3 November

1977

21 June

1985

Tonga

January 18

1977 A

21 June

1985

Tunisia

2 November

1971

21 June

1985

Ukraine

August 27

1993 A

26 September

1993

Uruguay

17 December

1980 A

21 June

1985

*

Reservations and declarations, see below.


Reservations

Bulgaria

Reservation on Art. 8:

In accordance with the principle of the sovereign equality of States, the People's Republic of Bulgaria considers that any difference in the determination of the strength of the special mission must be resolved by an agreement between the sending State and the State of Receipt.

Reservation on Art. 25:

The People's Republic of Bulgaria does not recognise the provisions of s. 1 of the art. 25 of the Convention, according to which the agents of the receiving State may enter the premises where the special mission is installed in the event of a fire or other disaster without the express consent of the head of the special mission or, the case The head of the permanent mission.

Cuba

The Revolutionary Government of the Republic of Cuba makes an express reservation with regard to art. 25, para. 1, third sentence and, accordingly, does not accept that the consent of the Head of the Special Mission may be presumed acquired in the cases referred to in that paragraph or in any other case.


RO 1985 1260; FF 1976 III 309


1 Art. 1 al. 1 let. A of March 25, 1977 (RO) 1985 1259)
2 RS 0.120
3 RS 0.191.01
4 RS 0.191.02
5 A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status January 23, 2008