Key Benefits:
Original text
(State on 10 April 2013)
The States Parties to this Convention,
Recalling that, since a remote period, consular relations have been established between peoples,
Recognizing the Goals and the 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 among nations,
Considering that the United Nations Conference on Diplomatic Relations and Immunities adopted the Vienna Convention on Diplomatic Relations 3 Which was opened for signature on 18 April 1961,
Convented that an international convention on consular relations, privileges and immunities would also contribute to the promotion of friendly relations between countries, regardless of the diversity of their constitutional and social regimes,
Convinced that the purpose of such privileges and immunities is not to benefit individuals but to ensure the effective performance of their functions by consular posts on behalf of their respective States,
Affirming that the rules of customary international law will continue to govern matters not expressly settled in the provisions of this Convention,
Have agreed as follows:
For the purposes of this Convention, the following terms shall be construed as follows:
2. There are two categories of consular officials: career consular officials and honorary consular officers. The provisions of Chapter II of this Convention shall apply to consular posts headed by career consular officials; the provisions of Chapter III shall apply to consular posts headed by officials Consular fees.
The special situation of members of consular posts who are nationals or permanent residents of the State of residence is governed by Art. 71 of this Convention.
The establishment of consular relations between States shall be by mutual consent.
2. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise specified, the consent to the establishment of consular relations.
3. The breakdown of diplomatic relations does not ipso facto lead to the breakdown of consular relations.
Consular duties are exercised through consular posts. They shall also be exercised by diplomatic missions in accordance with the provisions of this Convention.
1. A consular post may be established in the territory of the State of residence only with the consent of that State.
2. The seat of the consular post, its class and its consular district shall be fixed by the sending State and subject to the approval of the State of residence.
Further amendments may be made by the sending State to the consular post office, to its class or to its consular district, only with the consent of the State of residence.
4. The consent of the State of residence is also required if a consulate general or a consulate wishes to open a vice-consulate or consular agency in a locality other than the one in which it is established.
5. The express and prior consent of the State of residence is also required for the opening of an office that is part of an existing consulate outside its registered office.
Consular duties consist of:
In special circumstances, a consular officer may, with the consent of the State of residence, carry out his duties outside his/her consular district.
The sending State may, after notification to the States concerned, and unless one of them expressly objects to it, entrust a consular post established in one State to assume the exercise of consular functions in another State.
After appropriate notification to the State of residence and unless it objects to it, a consular post in the sending State may exercise consular functions in the State of residence on behalf of a third country.
The Heads of Consular Post are divided into four classes, namely:
2. Le par. 1 of this Article does not in any way limit the right of any of the Contracting Parties to establish the names of consular officials other than heads of consular posts.
The heads of consular posts are appointed by the sending State and are admitted to the exercise of their functions by the State of residence.
2. Subject to the provisions of this Convention, the arrangements for the appointment and admission of the Head of Consular Post shall be laid down respectively by the laws, regulations and customs of the sending State and the State of residence.
1. The head of consular post shall be provided by the sending State of a document, in the form of a letter of provision or similar act, established for each appointment, certifying its quality and indicating, as a general rule, its name and its name, category and Class, the consular district and the seat of the consular post.
2. The sending State shall transmit the letter of provision or similar act, through diplomatic channels or other appropriate channels, to the Government of the State in whose territory the head of consular post is to carry out his duties.
3. If the State of residence accepts it, the sending State may replace the letter of provision or the similar act by means of a notification containing the indications provided for in par. 1 of this article.
The head of a consular post shall be admitted to the performance of his duties by an authorization of the State of residence known as "exequatur", irrespective of the form of such authorization.
(2) The State which refuses to issue an exequatur shall not be required to communicate to the sending State the reasons for its refusal.
3. Subject to the provisions of s. 13 and 15, the head of a consular post may not enter into office until he or she has received the exequatur.
Pending the grant of the exequatur, the Head of Consular Post may be provisionally admitted to the exercise of his duties. In such case, the provisions of this Convention shall apply.
As soon as the Head of Consular Post is admitted, even on an interim basis, to the exercise of his or her duties, the State of residence shall immediately inform the competent authorities of the consular district. It is also required to ensure that the necessary measures are taken to ensure that the head of consular post is able to carry out the duties of his office and to benefit from the treatment provided for in the provisions of this Convention.
1. If the head of a consular post is prevented from performing his or her duties or if the position is vacant, an acting manager may act on a temporary basis as a head of a consular post.
2. The names and prenames of the acting manager shall be notified either by the diplomatic mission of the sending State or, in the absence of a diplomatic mission of that State in the State of residence, by the head of the consular post, or, in the event that the consular post is Prevented from doing so by any competent authority of the sending State, the Ministry of Foreign Affairs of the State of residence or the authority designated by that Ministry. As a general rule, this notification must be made in advance. The State of residence may submit to its consent the admission as an interim manager of a person who is neither a diplomatic agent nor a consular officer of the sending State in the State of residence.
3. The competent authorities of the State of residence must provide assistance and protection to the interim manager. During his management, the provisions of this Convention shall apply to him on the same basis as to the Head of Consular Post in question. However, the State of residence is not required to grant an interim manager the facilities, privileges and immunities for which the head of the consular post is subject to conditions which the acting manager does not fulfil.
4. When a member of the diplomatic staff of the diplomatic representation of the sending State in the State of residence is appointed interim manager by the sending State in accordance with the conditions laid down in par. 1 of this article, it shall continue to enjoy diplomatic privileges and immunities if the State of residence does not object to it.
1. The heads of consular posts shall take precedence in each class following the date of the grant of the exequatur.
2. In the event, however, where the head of a consular post, before obtaining the exequatur, is admitted to the exercise of his duties on a provisional basis, the date of such provisional admission shall determine the order of precedence; that order shall be maintained after the grant of Exequatur.
3. The order of precedence between two or more heads of consular posts who have obtained the exequatur or provisional admission on the same date shall be determined by the date on which their letter of provision or similar act was submitted or the notification Provided in par. 3 of Art. 11 was made to the State of residence.
4. Acting managers take precedence after all heads of consular posts. Between them, they take precedence according to the dates on which they took up their duties as interim managers and who have been indicated in the notifications made under s. 2 of the art. 15.
5. Consular officials honorary heads of consular post shall rank in each class after the heads of a career consular post, in the order and according to the rules set out in the preceding paragraphs.
6. Heads of consular posts have precedence over consular officials who do not have this quality.
1. In a State in which the sending State does not have a diplomatic mission and is not represented by the diplomatic mission of a third State a consular official may, with the consent of the State of residence, and without its consular status in either Assigned, be responsible for carrying out diplomatic acts. The performance of such acts by a consular officer shall not confer on it any right to diplomatic privileges and immunities.
2. A consular officer may, after notification to the State of residence, be responsible for representing the sending State to any intergovernmental organization. Acting in that capacity, he is entitled to all the privileges and immunities accorded by customary international law or international agreements to a representative to an intergovernmental organization; however, in respect of all He shall not be entitled to a more extensive immunity from jurisdiction than that for which a consular officer is entitled under this Convention.
Two or more States may, with the consent of the State of residence, appoint the same person as a consular officer in that State.
1. Subject to the provisions of s. 20, 22 and 23, the sending State shall, at its discretion, appoint the members of the consular staff.
2. The sending State shall notify the State of residence of the names and names, the category and the class of all consular officials other than the Head of Consular Post sufficient in advance so that the State of residence may, if it so wishes, exercise the Rights conferred on him by s. 3 of Art. 23.
The sending State may, if its laws and regulations require it, request the State of residence to grant an exequatur to a consular officer who is not the head of a consular post.
4. The State of residence may, if its laws and regulations require it, grant an exequatur to a consular officer who is not the head of a consular post.
In the absence of an explicit agreement on the staff of the consular post, the State of residence may require that the staff complement be maintained within the limits of what it considers reasonable and normal, having regard to the circumstances and conditions which Reign in the consular district and the needs of the consular post in question.
The order of precedence between consular officials of a consular post and any changes thereto shall be notified by the diplomatic mission of the sending State, or, failing such a mission in the State of residence, by the head of the Consular post at the Ministry of Foreign Affairs of the State of residence or the authority designated by that Ministry.
1. Consular officials will normally have the nationality of the sending State.
2. Consular officials may be selected from nationals of the State of residence only with the express consent of that State, which may at any time withdraw it.
The State of residence may reserve the same right in respect of nationals of a non-member State who are not also nationals of the sending State.
The State of residence may at any time inform the sending State that a consular official is persona non grata or that any other consular staff member is not acceptable. The sending State will then recall the person in question or terminate his duties in that consular post, as the case may be.
2. If the sending State refuses to execute or does not carry out within a reasonable period the obligations incumbent upon it under s. 1 of this Article, the State of residence may, as the case may be, withdraw the exequatur from the person in question or cease to consider it as a member of the consular staff.
3. A person appointed as a member of a consular post may be declared non-acceptable before arriving in the territory of the State of residence or, if he is already in the State of residence, before taking up his duties at the consular post. The sending State must withdraw the appointment in such a case.
4. In the cases mentioned in s. 1 and 3 of this Article, the State of residence shall not be required to communicate to the sending State the reasons for its decision.
1. Are notified to the Ministry of Foreign Affairs of the State of residence or to the authority designated by that Ministry:
2. Whenever possible, final arrival and departure must also be subject to prior notification.
The duties of a member of a consular post shall be terminated in particular by:
The State of residence must, even in the event of armed conflict, grant members of the consular post and members of private staff other than nationals of the State of residence, as well as members of their families living in their homes, whatever Their nationality, the time and facilities necessary to prepare their departure and leave its territory as soon as possible after the termination of their duties. In particular, it must, if necessary, make available to them the necessary means of transport for themselves and for their property, with the exception of property acquired in the State of residence, the export of which is prohibited at the time of departure.
1. In the event of a breakdown in consular relations between two states:
2. In the event of a temporary or permanent closure of a consular post, the provisions of para. A from s. 1 of this Article shall apply. In addition,
Facilities granted to the consular post for its activity
The State of residence shall grant all facilities for the performance of the duties of the consular post.
The sending State shall have the right to use its national flag and shield in the State of residence in the State of residence in accordance with the provisions of this Article.
2. The national flag of the sending State may be flown and the arms of the State placed on the building occupied by the consular post and on its entry point, as well as on the residence of the head of consular post and on his means of Transportation when used for service purposes.
3. In the exercise of the right granted by this Article, account shall be taken of the laws, regulations and customs of the State of residence.
1. The State of residence must either facilitate the acquisition on its territory, within the framework of its laws and regulations, by the sending State of the premises necessary for the consular post, or assist the sending State to obtain premises in another way.
2. It must also, if necessary, assist the consular post in obtaining suitable accommodation for its members.
1. Consular premises shall be inviolable to the extent provided for in this Article.
2. The authorities of the State of residence may not enter the part of the consular premises that the consular post uses exclusively for the purposes of its work, except with the consent of the head of consular post, of the designated person By him or the head of the diplomatic mission of the sending State. However, the consent of the head of a consular post may be presumed to have been acquired in the event of a fire or other disaster requiring immediate protection.
Subject to the provisions of subs. 2 of this Article, the State of residence shall have a special obligation to take all appropriate measures to prevent the presence or damage of the consular premises and to prevent the peace of the consular post from being disturbed or its Diminished dignity.
4. The consular premises, their furnishings and the goods of the consular post, as well as its means of transport, cannot be the subject of any form of requisition for national defence or public utility purposes. In the event that an expropriation is required for the same purpose, all appropriate provisions will be made to prevent the exercise of consular functions and prompt, adequate and effective compensation will be paid to The sending state.
The consular premises and the residence of the head of a career consular post of which the sending State or any person acting on behalf of that State is the owner or tenant shall be exempt from all taxes of any kind, national, Regional or communal, provided that they are not taxes levied in respect of specific services rendered.
2. The tax exemption provided for in s. 1 of this Article shall not apply to such taxes where, according to the laws and regulations of the State of residence, they are borne by the person who contracted with the sending State or with the person acting on behalf of that State.
Archives and consular documents are inviolable at all times and in any place they are located.
Subject to its laws and regulations concerning areas where access is prohibited or regulated for reasons of national security, the State of residence shall ensure the freedom of movement and movement within its territory to all members of the post Consular.
1. The State of residence permits and protects the freedom of communication of the consular post for all official purposes. By contacting the Government, diplomatic missions and other consular posts in the sending State, wherever they are located, the consular post may employ all appropriate means of communication, including letters Diplomatic or consular, diplomatic or consular suitcase and messages in code or number. However, the consular post may only install and use a radio transmitter station with the consent of the State of residence.
2. The official correspondence of the consular post is inviolable. The term "official correspondence" refers to all correspondence relating to the consular post and its functions.
3. The consular suitcase shall not be open or retained. However, if the competent authorities of the State of residence have serious grounds for believing that the suitcase contains other objects than the correspondence, documents and objects referred to in s. 4 of this Article, they may request that the suitcase be opened in their presence by an authorised representative of the sending State. If the authorities of the State concerned refuse the application, the suitcase shall be returned to its place of origin.
4. Packages constituting the consular suitcase shall bear visible outer marks of their character and may contain only official correspondence, as well as documents or articles intended exclusively for official use.
5. The consular post must carry an official document attesting to its quality and specifying the number of parcels constituting the consular suitcase. Unless the State of residence consents, it must not be a national of the State of residence or, unless he is a national of the sending State, a permanent resident of the State of residence. In the exercise of its functions, such mail shall be protected by the State of residence. He enjoys the inviolability of his person and cannot be subjected to any form of arrest or detention.
6. The sending State, its diplomatic missions and consular posts may designate ad hoc consular posts. In this case, the provisions of s. 5 of this Article shall also apply, provided that the immunities mentioned therein shall cease to apply as soon as the mail has given to the addressee the consular suitcase of which he is responsible.
7. The consular suitcase may be entrusted 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 is not considered to be a consular post. Following an arrangement with the competent local authorities, the consular post may send one of its members to take, directly and freely, possession of the suitcase from the commander of the ship or aircraft.
1. In order to facilitate the exercise of consular functions relating to nationals of the sending State:
2. The rights referred to in s. 1 of this Article shall be exercised within the framework of the laws and regulations of the State of residence, provided, however, that such laws and regulations shall permit the full realization of the purposes for which the rights are granted under the Article.
If the competent authorities of the State of residence have the corresponding information, they shall be kept:
In carrying out their duties, consular officials may contact:
The consular post may collect in the territory of the State of residence the duties and taxes which the laws and regulations of the sending State provide for consular acts.
2. The amounts collected under the duties and taxes provided for in subs. 1 of this Article and the related receipts shall be exempt from all taxes in the State of residence.
The State of residence shall treat consular officials with due respect and take all appropriate measures to prevent any harm to their person, freedom and dignity.
Consular officials may be placed in pre-trial detention or detention only in the case of a serious crime and following a decision by the competent judicial authority.
2. Except for the case provided for in par. 1 of this Article, consular officials may not be imprisoned or subjected to any other form of limitation of their personal freedom, except in the execution of a final judicial decision.
(3) Where a criminal procedure is instituted against a consular officer, the consular officer shall be required to appear before the competent authorities. However, the procedure shall be conducted in a manner which is due to the consular officer's official position and, with the exception of the case provided for in s. 1 of this section, so as to interfere with the exercise of consular duties as little as possible. Where, in the circumstances referred to in s. 1 of this Article, it has become necessary to put a consular officer in custody, the procedure against him must be opened within the shortest time limit.
In the event of arrest, preventive detention of a member of the consular staff or prosecution against him, the State of residence is obliged to notify the head of consular post as soon as possible. If the State of residence is itself subject to one of these measures, the State of residence must inform the sending State through diplomatic channels.
Consular and consular officials are not subject to the judicial and administrative authorities of the State of residence for acts performed in the exercise of consular functions.
2. However, the provisions of s. 1 of this Article shall not apply in the case of civil action:
1. Members of a consular post may be called upon to serve as witnesses in judicial and administrative proceedings. Consular staff and service personnel should not refuse to respond as witnesses, except in the cases referred to in s. 3 of this article. If a consular officer refuses to testify, no enforcement action or other sanction can be applied.
2. The authority which requires testimony must avoid embarrassing a consular officer in the performance of his or her duties. Eue may collect
His or her testimony at his or her residence or consular post, or accept a written statement from him, whenever possible.
3. Members of a consular post are not required to file on facts relating to the performance of their duties and to produce correspondence and official documents relating thereto. They also have the right to refuse to testify as experts on the national law of the sending State.
The sending State may waive the right of a member of the consular post to the privileges and immunities provided for in art. 41, 43 and 44.
2. The waiver must always be express, subject to the provisions of subs. 3 of this Article, and shall be communicated in writing to the State of residence.
3. If a consular officer or consular employee, in a matter in which he or she would enjoy immunity from jurisdiction under s. 43, initiates a procedure, it is not admissible to invoke immunity from jurisdiction in respect of any counterclaim directly related to the main 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.
1. Consular and consular officials, as well as members of their families living in their homes, are exempt from all the obligations laid down in the laws and regulations of the State of residence with regard to registration of Foreign and residence permits.
2. However, the provisions of s. 1 of this Article shall not apply to a consular employee who is not a permanent employee of the sending State or who carries on a private activity of a profit in the State of residence, or to a member of his or her family.
1. The members of the consular post are, in respect of services rendered to the sending State, exempt from the obligations that the laws and regulations of the State of residence relating to the employment of the foreign labour force require in respect of Job.
2. Members of the private staff of consular officials and consular staff, if they do not engage in any other private occupation of a profit in the State of residence, shall be exempt from the obligations referred to in s. 1 of this article.
1. Subject to the provisions of subs. 3 of this Article, the members of the consular post, in respect of the services which they render to the sending State, and members of their families living in their homes, are exempted from the social security provisions which may be in force in The State of residence.
2. The exemption under s. 1 of this Article also applies to members of the private staff who are in the exclusive service of the members of the consular post, provided that:
3. The members of the consular post who serve persons to whom the exemption under s. 2 of this Article shall not apply to the obligations which the social security provisions of the State of residence impose on the employer.
4. The exemption under s. 1 and 2 of this Article does not exclude voluntary participation in the social security scheme of the State of residence, provided that it is admitted by that State.
1. Consular staff and consular staff, as well as members of their families living in their homes, shall be exempt from all taxes, personal or real, national, regional and communal, except:
2. Members of the service staff are exempt from taxes on the salaries they receive from their services.
The members of the consular post who employ persons whose salaries or wages are not exempt from income tax in the State of residence must comply with the obligations imposed by the laws and regulations of the State of residence. Employers in the collection of income tax.
1. Under the legislative and regulatory provisions it may adopt, the State of residence permits entry and grants the exemption of all customs duties, taxes and other related charges other than warehouse, transport and costs Relating to similar services, for:
2. Consular staff benefit from the privileges and exemptions set out in s. 1 of this article for objects imported at the time of their first installation.
Personal baggage with consular officials and family members living in their homes is exempt from the customs visit. They may only be subject to the visit if there are serious grounds for assuming that they contain objects other than those mentioned in para. B at par. 1 of this article or articles whose import or export is prohibited by the laws and regulations of the State of residence or subject to its laws and quarantine regulations. This visit can only take place in the presence of the consular official or the member of his/her family.
In the event of the death of a member of the consular post or of a member of his family living in his or her home, the State of residence shall be held:
The State of residence shall exempt the members of the consular post and members of their families living in their homes from any personal benefit and any service of public interest, of any kind, and military charges such as Requisitions, contributions and military housing.
1. Any member of the consular post shall enjoy the privileges and immunities provided for in this Convention upon entry into the territory of the State of residence in order to gain his post or, if he is already in that territory, upon entry into office At the consular post.
2. The members of the family of a member of the consular post living in his or her home, as well as the members of his private staff, shall enjoy the privileges and immunities provided for in this Convention from the last of the following dates: From which the said member of the consular post has privileges and immunities in accordance with s. 1 of this Article, that of their entry into the territory of the State of residence or that to which they became members of the said family or of such private staff.
3. When the duties of a member of the consular post are terminated, his or her privileges and immunities, as well as those of family members living at home or members of his or her private staff, normally cease on the first of the following dates: At the time when the person in question leaves the territory of the State of residence, or upon expiry of a reasonable period of time for that purpose, but they remain until that time, even in the event of armed conflict. Persons subject to s. 2 of this Article, their privileges and immunities cease as soon as they cease to belong to the home or to be employed by a member of the consular post, provided that they intend to leave the territory of The State of residence within a reasonable period of time, their privileges and immunities shall remain until the time of their departure.
4. However, in respect of acts performed by a consular official or a consular employee in the performance of his duties, immunity from jurisdiction shall remain without limitation of duration.
5. In the event of the death of a member of the consular post, the members of his family living in his or her home shall continue to enjoy the privileges and immunities enjoyed by them, until the first of the following dates: the date of departure from the territory of the State Of residence, or upon expiry of a reasonable period of time that has been granted to them for that purpose.
1. If the consular officer crosses the territory or is in the territory of a third State, who has granted him a visa in the event that the visa is required, to take up his duties or to join his post, or to return to the sending State, The third State shall grant it the immunities provided for in the other Articles of this Convention, which may be necessary for its passage or return. The third State will do the same for family members living at home and enjoying the privileges and immunities that accompany the consular official or who travel separately to join him or to return to the sending State.
2. Under conditions similar to those set out in par. 1 of this Article, third States shall not obstruct the passage on their territory of other members of the consular post and of members of their families living in their homes.
3. Third States shall grant official correspondence and other official communications in transit, including messages in code or number, the same freedom and the same protection as the State of residence is obliged to grant under This Convention. They shall grant the consular letters, to which a visa has been granted, if required, and to the consular cases in transit, the same inviolability and the same protection that the State of residence is required to grant under this Convention.
4. The obligations of third States under s. 1, 2 and 3 of this Article shall also apply to the persons mentioned in those paragraphs, as well as to official communications and consular cases, where their presence in the territory of the third State is due to a Force majeure.
(1) Without prejudice to their privileges and immunities, all persons entitled to such privileges and immunities shall have the duty to respect the laws and regulations of the State of residence. They also have a duty not to interfere in the internal affairs of that State.
2. Consular premises will not be used in a manner inconsistent with the exercise of consular duties.
3. The provisions of s. 2 of this Article shall not preclude the possibility of installing, in a part of the building where the premises of the consular post are located, the offices of other agencies or agencies, provided that the premises assigned to these offices are separated from Those used by the consular post. In such case, such offices shall not be considered for the purposes of this Convention as part of the consular premises.
The members of the consular post must comply with all the obligations imposed by the laws and regulations of the State of residence with regard to the insurance of civil liability for the use of any vehicle, ship or aircraft.
1. Career consular officials shall not engage in any professional or commercial activity in the State of residence for their personal benefit.
2. The privileges and immunities provided for in this Chapter are not granted:
1. Art. 28, 29, 30, 34, 35, 36, 37, 38 and 39, para. 3 of Art. 54 and paras. 2 and 3 of Art. 55 apply to consular posts headed by an Honorary Consular Officer. In addition, the facilities, privileges and immunities of these consular posts are regulated by s. 59, 60, 61 and 62.
2. Art. 42 and 43, para. 3 of Art. 44, art. 45 and 53 and paras. 1 of the art. 55 apply to honorary consular officers. In addition, the facilities, privileges and immunities of these consular officials are regulated by s. 63, 64, 65, 66 and 67.
3. The privileges and immunities provided for in this Convention shall not be granted to members of the family of an honorary consular officer or consular employee who is employed in a consular post headed by an official Honorary Consular.
4. The exchange of consular cases between two consular posts located in different countries and headed by honorary consular officials is admitted only subject to the consent of the two states of residence.
The State of residence shall take the necessary measures to protect the consular premises of a consular post headed by an honorary consular officer and prevent them from being invaded or damaged and the peace of the consular post to be Upset or his dignity diminished.
1. The consular premises of a consular post headed by an honorary consular officer, of which the sending State is an owner or a tenant, shall be exempt from all taxes of any kind, national, regional or communal, provided that it does not These are not taxes collected in respect of specific services rendered.
2. The tax exemption provided in s. 1 of this Article shall not apply to such taxes when, according to the laws and regulations of the State of residence, they are borne by the person who contracted with the sending State.
The archives and consular documents of a consular post headed by an honorary consular officer shall be inviolable at any time and place, provided that they are separated from other documents and documents and, in Private correspondence of the Head of the Consular Post and any person working with him, as well as any goods, books or documents relating to their profession or trade.
In accordance with the laws and regulations that it may adopt, the State of residence grants the entry and the exemption of all customs duties, taxes and other related charges other than warehouse, transport and fresh Relating to similar services, for the following purposes, provided that they are intended exclusively for the official use of a consular post headed by an honorary consular officer: badges, flags, signs, seals and Fees, books, official printouts, office furniture, equipment and supplies Office, and similar objects provided to the consular post by the sending State on his request.
Where criminal proceedings are instituted against an honorary consular officer, the latter shall be required to appear before the competent authorities. However, the procedure shall be conducted in the manner which is due to the Honorary Consular Officer because of his or her official position and, unless the person concerned is in a state of arrest or detention, in such a way as to interfere as little as possible The exercise of consular functions. When it has become necessary to put an honorary consular officer in pre-trial detention, the procedure against him must be opened within the shortest time limit.
The State of residence shall be obliged to grant the honorary consular officer the protection which may be necessary because of his official position.
Honorary consular officials, with the exception of those who exercise professional or commercial activity in the State of residence for their personal benefit, are exempt from all the obligations laid down in the laws and regulations of The State of residence in respect of registration of aliens and residence permits.
The honorary consular officer shall be exempt from all taxes and duties on the allowances and emoluments he receives from the sending State because of the exercise of consular duties.
The State of residence shall exempt honorary consular officials from any personal benefit and any public service of any kind, as well as military charges such as requisitions, contributions and Military housing.
Each State is free to decide whether to appoint or receive honorary consular officials.
Each State is free to decide whether it will establish or admit consular agencies managed by consular officials who have not been designated as heads of consular post by the sending State.
2. The conditions under which consular agencies within the meaning of s. 1 of this Article may exercise their activity, as well as the privileges and immunities enjoyed by the consular officers who manage them, shall be determined by agreement between the sending State and the State of residence.
1. The provisions of this Convention shall also apply, insofar as the context so permits, to the exercise of consular functions by a diplomatic mission.
2. The names of the members of the diplomatic mission attached to the consular section or otherwise responsible for the exercise of the consular functions of the mission shall be notified to the Ministry of Foreign Affairs of the State of residence or to the authority Designated by that department.
3. In the exercise of consular functions, the diplomatic mission may address:
4. The privileges and immunities of the members of the diplomatic mission, mentioned in para. 2 of this Article shall remain determined by the rules of international law concerning diplomatic relations.
(1) Unless additional facilities, privileges and immunities have been granted by the State of residence, consular officials who are nationals or permanent residents of the State of residence only enjoy immunity from Jurisdiction and personal inviolability for official acts performed in the performance of their duties and of the privilege set out in s. 3 of Art. 44. As far as these consular officials are concerned, the State of residence is also bound by the obligation under s. 42. Where criminal proceedings are instituted against such a consular officer, the procedure shall be conducted, unless the person concerned is in a state of arrest or detention, so as to interfere with the exercise of the consular functions as little as possible.
2. The other members of the consular post who are nationals or permanent residents of the State of residence and the members of their families, as well as the members of the family of consular officials referred to in subs. 1 of this Article, shall enjoy the facilities, privileges and immunities only to the extent recognised by that State. Members of the family of a member of the consular post and members of private staff who are themselves nationals or permanent residents of the State of residence shall also enjoy the facilities, privileges and immunities only in the The extent to which this state recognizes them. However, the State of residence must exercise its jurisdiction over such persons in such a way that they do not unreasonably interfere with the exercise of the duties of the consular post.
1. In applying the provisions of this Convention, the State of residence shall not discriminate between States.
2. However, shall not be considered discriminatory:
The provisions of this Convention shall not affect any other international agreements in force in the relations between the States Parties to those agreements.
(2) Nothing in this Convention shall prevent States from entering into international agreements confirming, supplementing or developing its provisions, or extending their scope.
This Convention shall be open for signature by all States Members of the United Nations or of a specialized agency, as well as of any State Party to the Statute of the International Court of Justice 1 And 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, the Federal Ministry for Foreign Affairs of the Republic of Austria, and Then, until 31 March 1964, at United Nations Headquarters in New York.
This Convention shall be subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
This Convention shall remain open for accession by any State belonging to one of the four categories referred to in Art. 74. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
(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.
The Secretary-General of the United Nations shall notify all States belonging to one of the four categories referred to in art. 74:
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 all States belonging to one of the four categories mentioned in Art. 74.
In witness whereof, The undersigned plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.
Done at Vienna, on the twenty-day of April, nine hundred and sixty-three.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of succession (S) |
Entry into force |
||
South Africa |
August 21 |
1989 A |
September 20 |
1989 |
Albania |
4 October |
1991 A |
3 November |
1991 |
Algeria |
April 14 |
1964 A |
19 March |
1967 |
Germany * ** |
7 September |
1971 |
7 October |
1971 |
Andorra |
3 July |
1996 A |
2 August |
1996 |
Angola |
21 November |
1990 A |
21 December |
1990 |
Antigua and Barbuda |
25 October |
1988 S |
1 Er November |
1981 |
Saudi Arabia * |
29 June |
1988 A |
July 29 |
1988 |
Argentina |
7 March |
1967 |
April 6 |
1967 |
Armenia |
23 June |
1993 A |
July 23 |
1993 |
Australia |
12 February |
1973 |
March 14 |
1973 |
Austria |
12 June |
1969 |
July 12 |
1969 |
Azerbaijan |
13 August |
1992 A |
12 September |
1992 |
Bahamas |
March 17 |
1977 S |
10 July |
1973 |
Bahrain |
September 17 |
1992 A |
17 October |
1992 |
Bangladesh |
13 January |
1978 S |
26 March |
1971 |
Barbados * |
11 May |
1992 A |
10 June |
1992 |
Belarus |
21 March |
1989 A |
20 April |
1989 |
Belgium |
9 September |
1970 |
9 October |
1970 |
Belize * |
30 November |
2000 A |
December 30 |
2000 |
Benin |
April 27 |
1979 |
27 May |
1979 |
Bhutan |
28 July |
1981 A |
August 27 |
1981 |
Bolivia |
22 September |
1970 |
22 October |
1970 |
Bosnia and Herzegovina |
1 Er September |
1993 S |
6 March |
1992 |
Botswana |
26 March |
2008 A |
April 25 |
2008 |
Brazil |
11 May |
1967 |
10 June |
1967 |
Bulgaria * |
July 11 |
1989 A |
10 August |
1989 |
Burkina Faso |
August 11 |
1964 |
19 March |
1967 |
Cambodia |
10 March |
2006 A |
April 9 |
2006 |
Cameroon |
22 May |
1967 |
21 June |
1967 |
Canada |
18 July |
1974 A |
August 17 |
1974 |
Cape Verde |
July 30 |
1979 A |
29 August |
1979 |
Chile |
9 January |
1968 |
February 8 |
1968 |
China |
July 2 |
1979 A |
1 Er August |
1979 |
Cyprus |
April 14 |
1976 A |
14 May |
1976 |
Colombia |
September 6 |
1972 |
6 October |
1972 |
Congo, Kinshasa |
July 15 |
1976 |
August 14 |
1976 |
Korea (North) |
8 August |
1984 A |
7 September |
1984 |
Korea (South) |
7 March |
1977 A |
April 6 |
1977 |
Costa Rica |
29 December |
1966 |
19 March |
1967 |
Croatia |
12 October |
1992 S |
8 October |
1991 |
Cuba |
15 October |
1965 |
19 March |
1967 |
Denmark * ** |
15 November |
1972 |
15 December |
1972 |
Djibouti |
2 November |
1978 A |
2 December |
1978 |
Dominica |
24 November |
1987 S |
3 November |
1978 |
Egypt * |
21 June |
1965 A |
19 March |
1967 |
El Salvador |
19 January |
1973 A |
18 February |
1973 |
United Arab Emirates |
24 February |
1977 A |
26 March |
1977 |
Ecuador |
March 11 |
1965 |
19 March |
1967 |
Eritrea |
14 January |
1997 A |
13 February |
1997 |
Spain |
3 February |
1970 A |
March 5 |
1970 |
Estonia |
21 October |
1991 A |
20 November |
1991 |
United States ** |
24 November |
1969 |
24 December |
1969 |
Fiji * |
28 April |
1972 A |
28 May |
1972 |
Finland * ** |
July 2 |
1980 |
1 Er August |
1980 |
France * * |
31 December |
1970 |
30 January |
1971 |
Gabon |
23 February |
1965 |
19 March |
1967 |
Gambia |
28 March |
2013 A |
April 27 |
2013 |
Ghana |
4 October |
1963 |
19 March |
1967 |
Greece |
14 October |
1975 A |
13 November |
1975 |
Grenada |
2 September |
1992 A |
2 October |
1992 |
Guatemala |
February 9 |
1973 A |
March 11 |
1973 |
Guinea |
30 June |
1988 A |
July 30 |
1988 |
Equatorial Guinea |
August 30 |
1976 A |
29 September |
1976 |
Guyana |
13 September |
1973 A |
13 October |
1973 |
Georgia |
July 12 |
1993 A |
August 11 |
1993 |
Haiti |
2 February |
1978 A |
March 4 |
1978 |
Honduras |
13 February |
1968 A |
March 14 |
1968 |
Hungary |
19 June |
1987 A |
19 July |
1987 |
India |
28 November |
1977 A |
28 December |
1977 |
Indonesia |
4 June |
1982 A |
4 July |
1982 |
Iran |
5 June |
1975 |
July 5 |
1975 |
Iraq |
14 January |
1970 A |
13 February |
1970 |
Ireland |
10 May |
1967 |
9 June |
1967 |
Iceland * |
1 Er June |
1978 A |
1 Er July |
1978 |
Italy * |
25 June |
1969 |
July 25 |
1969 |
Jamaica |
February 9 |
1976 A |
10 March |
1976 |
Japan |
3 October |
1983 A |
2 November |
1983 |
Jordan |
7 March |
1973 A |
April 6 |
1973 |
Kazakhstan |
5 January |
1994 A |
4 February |
1994 |
Kenya |
1 Er July |
1965 A |
19 March |
1967 |
Kyrgyzstan |
7 October |
1994 A |
6 November |
1994 |
Kiribati |
2 April |
1982 S |
July 12 |
1979 |
Kuwait |
July 31 |
1975 |
August 30 |
1975 |
Laos |
August 9 |
1973 A |
8 September |
1973 |
Lesotho * |
26 July |
1972 A |
August 25 |
1972 |
Latvia |
13 February |
1992 A |
March 14 |
1992 |
Lebanon |
20 March |
1975 |
19 April |
1975 |
Liberia |
August 28 |
1984 |
27 September |
1984 |
Libya |
4 September |
1998 A |
4 October |
1998 |
Liechtenstein |
18 May |
1966 |
19 March |
1967 |
Lithuania |
15 January |
1992 A |
February 14 |
1992 |
Luxembourg |
8 March |
1972 |
7 April |
1972 |
Macedonia |
August 18 |
1993 S |
17 November |
1991 |
Madagascar |
17 February |
1967 A |
19 March |
1967 |
Malaysia |
1 Er October |
1991 A |
October 31 |
1991 |
Malawi |
29 April |
1980 A |
29 May |
1980 |
Maldives |
21 January |
1991 A |
20 February |
1991 |
Mali |
28 March |
1968 A |
April 27 |
1968 |
Malta * |
10 December |
1997 A |
9 January |
1998 |
Morocco * |
23 February |
1977 A |
25 March |
1977 |
Marshall Islands |
August 9 |
1991 A |
8 September |
1991 |
Mauritius |
13 May |
1970 A |
12 June |
1970 |
Mauritania |
July 21 |
2000 A |
August 20 |
2000 |
Mexico * |
June 16 |
1965 |
19 March |
1967 |
Micronesia |
29 April |
1991 A |
29 May |
1991 |
Moldova |
26 January |
1993 A |
25 February |
1993 |
Monaco |
4 October |
2005 A |
3 November |
2005 |
Mongolia |
March 14 |
1989 A |
13 April |
1989 |
Montenegro |
23 October |
2006 S |
3 June |
2006 |
Mozambique |
18 April |
1983 A |
18 May |
1983 |
Myanmar * |
2 January |
1997 A |
1 Er February |
1997 |
Namibia |
September 14 |
1992 A |
14 October |
1992 |
Nauru |
14 December |
2012 A |
13 January |
2013 |
Nepal |
28 September |
1965 A |
19 March |
1967 |
Nicaragua |
October 31 |
1975 A |
30 November |
1975 |
Niger |
April 26 |
1966 |
19 March |
1967 |
Nigeria |
22 January |
1968 A |
21 February |
1968 |
Norway * |
13 February |
1980 |
March 14 |
1980 |
New Zealand A |
10 September |
1974 A |
10 October |
1974 |
Oman |
May 31 |
1974 A |
30 June |
1974 |
Uzbekistan |
2 March |
1992 A |
1 Er April |
1992 |
Pakistan |
April 14 |
1969 A |
14 May |
1969 |
Panama |
August 28 |
1967 |
27 September |
1967 |
Papua New Guinea |
4 December |
1975 S |
16 September |
1975 |
Paraguay |
December 23 |
1969 A |
22 January |
1970 |
Netherlands * ** B |
17 December |
1985 A |
16 January |
1986 |
Netherlands Antilles |
17 February |
1985 A |
16 January |
1986 |
Aruba |
17 December |
1985 A |
16 January |
1986 |
CuraƧao A |
17 December |
1985 A |
16 January |
1986 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
17 December |
1985 A |
16 January |
1986 |
Sint Maarten |
17 December |
1985 A |
16 January |
1986 |
Peru |
17 February |
1978 |
19 March |
1978 |
Philippines |
15 November |
1965 |
19 March |
1967 |
Poland |
13 October |
1981 |
12 November |
1981 |
Portugal * |
13 September |
1972 A |
13 October |
1972 |
Qatar * |
4 November |
1998 A |
4 December |
1998 |
Dominican Republic |
March 4 |
1964 |
19 March |
1967 |
Czech Republic * |
22 February |
1993 S |
1 Er January |
1993 |
Romania |
24 February |
1972 A |
25 March |
1972 |
United Kingdom * |
9 May |
1972 |
8 June |
1972 |
Anguilla |
9 May |
1972 |
8 June |
1972 |
Saint Kitts and Nevis (Saint Kitts and Nevis) |
9 May |
1972 |
8 June |
1972 |
Territories under the territorial sovereignty of the United Kingdom |
9 May |
1972 |
8 June |
1972 |
Russia |
15 March |
1989 A |
April 14 |
1989 |
Rwanda |
May 31 |
1974 A |
30 June |
1974 |
Saint Kitts and Nevis |
July 6 |
2010 A |
August 5 |
2010 |
Holy See |
8 October |
1970 |
7 November |
1970 |
|
April 27 |
1999 S |
27 October |
1979 |
Saint Lucia |
August 27 |
1986 S |
22 February |
1979 |
Samoa |
26 October |
1987 A |
25 November |
1987 |
Sao Tome and Principe |
3 May |
1983 A |
2 June |
1983 |
Senegal |
29 April |
1966 A |
19 March |
1967 |
Serbia |
12 March |
2001 S |
April 27 |
1992 |
Seychelles |
29 May |
1979 A |
28 June |
1979 |
Singapore |
1 Er April |
2005 A |
1 Er May |
2005 |
Slovakia * |
28 May |
1993 S |
1 Er January |
1993 |
Slovenia |
July 6 |
1992 S |
25 June |
1991 |
Somalia |
March 29 |
1968 A |
28 April |
1968 |
Sudan |
23 March |
1995 A |
22 April |
1995 |
Sri Lanka |
4 May |
2006 A |
3 June |
2006 |
Sweden * ** |
19 March |
1974 |
18 April |
1974 |
Switzerland |
3 May |
1965 |
19 March |
1967 |
Suriname |
11 September |
1980 A |
11 October |
1980 |
Syria * |
13 October |
1978 A |
12 November |
1978 |
Tajikistan |
6 May |
1996 A |
5 June |
1996 |
Tanzania |
18 April |
1977 A |
18 May |
1977 |
Thailand * |
15 April |
1999 A |
15 May |
1999 |
Timor-Leste |
30 January |
2004 A |
29 February |
2004 |
Togo |
26 September |
1983 A |
26 October |
1983 |
Tonga |
7 January |
1972 A |
February 6 |
1972 |
Trinidad and Tobago |
19 October |
1965 A |
19 March |
1967 |
Tunisia |
July 8 |
1964 A |
19 March |
1967 |
Turkmenistan |
September 25 |
1996 A |
25 October |
1996 |
Turkey |
19 February |
1976 A |
20 March |
1976 |
Tuvalu |
September 15 |
1982 S |
23 October |
1978 |
Ukraine |
April 27 |
1989 A |
27 May |
1989 |
Uruguay |
10 March |
1970 |
April 9 |
1970 |
Vanuatu |
August 18 |
1987 A |
September 17 |
1987 |
Venezuela |
27 October |
1965 |
19 March |
1967 |
Vietnam * |
8 September |
1992 A |
8 October |
1992 |
Yemen * |
10 April |
1986 A |
10 May |
1986 |
Zimbabwe |
13 May |
1991 A |
12 June |
1991 |
* |
Reservations and declarations. |
|||
** |
Objections. |
|||
Reservations, declarations and objections are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
||||
A |
The Conv. Does not apply to Tokelau |
|||
B |
For the Kingdom in Europe |
|||
1 RO 1968 925
2 RS 0.120
3 RS 0.191.01
4 RO 1974 1275, 1976 1464, 1977 1410, 1979 559, 1980 328, 1981 2062, 1982 2076, 1984 196 421, 1985 370, 1987 466, 1988 1636, 1990 323, 1993 2348, 2004 1377, 2006 3321, 2010 1621, 2013 1237. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).