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VIENNA
CONVENTION ON CONSULAR RELATIONS
DONE AT VIENNA, ON 24 APRIL 1963
The States Parties to the present Convention,
Recalling that consular relations have been established between peoples
since ancient times,
Having in mind the Purposes and Principles of the Charter of the United
Nation concerning the sovereign equality of States, the maintenance of
international peace and security, and the promotion of friendly relations
among nations,
Considering that the United Nations Conference on Diplomatic Intercourse
and Immunities adopted the Vienna Convention on Diplomatic Relations which
was opened for signature on 18 April 1961,
Believing that an international convention on consular relations, privileges
and immunities would also contribute to the development of friendly relations
among nations, irrespective of their differing constitutional and social
systems,
Realizing that the purpose of such privileges and immunities is not to
benefit individuals but to ensure the efficient performance of functions
by consular posts on behalf of their respective States,
Affirming that the rules of customary international law continue to govern
matters not expressly regulated by the provisions of the present Convention,
Have agreed as follows:
Article 1. DEFINITIONS
1. For the purposes of the present Convention, the following expressions
shall have the meanings hereunder assigned to them:
(a) "consular post" means any consulate-general, consulate,
vice-consulate or consular agency;
(b) "consular district" means the area assigned to a consular
post for the exercise of consular functions;
(c) "head of consular post" means the person charged with the
duty of acting in that capacity;
(d) "consular officer" means any person, including the head
of a consular post, entrusted in that capacity with the exercise of consular
functions;
(e) "consular employee" means any person employed in the administrative
or technical service of a consular post;
(f) "member of the service staff" means any person employed
in the domestic service of a consular post;
(g) "members of the consular post" means consular officers,
consular employees and members of the service staff;
(h) "members of the consular staff" means consular officers,
other than the head of a consular post, consular employees and members
of the service staff;
(i) "member of the private staff" means a person who is employed
exclusively in the private service of a member of the consular post;
(j) "consular premises" means the buildings or parts of buildings
and the land ancillary thereto, irrespective of ownership, used exclusively
for the purposes of the consular post;
(k) "consular archives" includes all the papers, documents,
correspondence, books, films, tapes and registers of the consular post,
together with the ciphers and codes, the card-indexes and any article
of furniture intended for their protection or safekeeping.
2. Consular officers are of two categories, namely career consular officers
and honorary consular officers. The provisions of Chapter II of the present
Convention apply to consular posts headed by career consular officers;
the provisions of Chapter III govern consular posts headed by honorary
consular officers.
3. The particular status of members of the consular posts who are nationals
or permanent residents of the receiving State is governed by Article 71
of the present Convention.
CHAPTER I. CONSULAR RELATIONS IN GENERAL
Section I. ESTABLISHMENT AND CONDUCT OF CONSULAR
RELATIONS
Article 2. ESTABLISHMENT OF CONSULAR
RELATIONS
1. The establishment of consular relations between States takes place
by mutual consent.
2. The consent given to the establishment of diplomatic relations between
two States implies, unless otherwise stated, consent to the establishment
of consular relations.
3. The severance of diplomatic relations shall not ipso facto involve
the severance of consular relations.
Article 3. EXERCISE OF CONSULAR FUNCTIONS
Consular functions are exercised by consular posts. They are also exercised
by diplomatic missions in accordance with the provisions of the present
Convention.
Article 4. ESTABLISHMENT OF A CONSULAR POST
1. A consular post may be established in the territory of the receiving
State only with that State's consent.
2. The seat of the consular post, its classification and the consular
district shall be established by the sending State and shall be subject
to the approval of the receiving State.
3. Subsequent changes in the seat of the consular post, its classification
or the consular district may be made by the sending State only with the
consent of the receiving State.
4. The consent of the receiving State shall also be required if a consulate-general
or a consulate desires to open a vice-consulate or a consular agency in
a locality other than that in which it is itself established.
5. The prior express consent of the receiving State shall also be required
for the opening of an office forming part of an existing consular post
elsewhere than at the seat thereof.
Article 5. CONSULAR FUNCTIONS
Consular functions consist in:
(a) protecting in the receiving State the interests of the sending State
and of its nationals, both individuals and bodies corporate, within the
limits permitted by international law;
(b) furthering the development of commercial, economic, cultural and scientific
relations between the sending State and the receiving State and otherwise
promoting friendly relations between them in accordance with the provisions
of the present Convention;
(c) ascertaining by all lawful means conditions and developments in the
commercial, economic, cultural and scientific life of the receiving State,
reporting thereon to the Government of the sending State and giving information
to persons interested;
(d) issuing passports and travel documents to nationals of the sending
State, and visas or appropriate documents to persons wishing to travel
to the sending State;
(e) helping and assisting nationals, both individuals and bodies corporate,
of the sending State;
(f) acting as notary and civil registrar and in capacities of a similar
kind, and performing certain functions of an administrative nature, provided
that there is nothing contrary thereto in the laws and regulations of
the receiving State;
(g) safeguarding the interests of nationals, both individuals and bodies
corporate, of the sending State in cases of succession mortis causa in
the territory of the receiving State, in accordance with the laws and
regulations of the receiving State;
(h) safeguarding, within the limits imposed by the laws and regulations
of the receiving State, the interests of minors and other persons lacking
full capacity who are nationals of the sending State, particularly where
any guardianship or trusteeship is required with respect to such persons;
(i) subject to the practices and procedures obtaining in the receiving
State, representing or arranging appropriate representation for nationals
of the sending State before the tribunals and other authorities of the
receiving State, for the purpose of obtaining, in accordance with the
laws and regulations of the receiving State, provisional measures for
the preservation of the rights and interests of these nationals, where,
because of absence or any other reason, such nationals are unable at the
proper time to assume the defence of their rights and interests;
(j) transmitting judicial and extrajudicial documents or executing letters
rogatory or commissions to take evidence for the courts of the sending
State in accordance with international agreements in force or, in the
absence of such international agreements, in any other manner compatible
with the laws and regulations of the receiving State;
(k) exercising rights of supervision and inspection provided for in the
laws and regulations of the sending State in respect of vessels having
the nationality of the sending State, and of aircraft registered in that
State, and in respect of their crews;
(l) extending assistance to vessels and aircraft mentioned in sub-paragraph
(k) of this Article and to their crews, taking statements regarding the
voyage of a vessel, examining and stamping the ship's papers, and,without
prejudice to the powers of the authorities of the receiving State, conducting
investigations into any incidents which occurred during the voyage, and
settling disputes of any kind between the master, the officers and the
seamen in so far as this may be authorized by the laws and regulations
of the sending State;
(m) performing any other functions entrusted to a consular post by the
sending State which are not prohibited by the laws and regulations of
the receiving State or to which no objection is taken by the receiving
State or which are referred to in the international agreements in force
between the sending State and the receiving State.
Article 6. EXERCISE OF CONSULAR FUNCTIONS OUTSIDE THE
CONSULAR DISTRICT
A consular officer may, in special circumstances, with the consent of
the receiving State, exercise his functions outside his consular district.
Article 7. EXERCISE OF CONSULAR FUNCTIONS IN A THIRD
STATE
The sending State may, after notifying the States concerned, entrust a
consular post established in a particular State with the exercise of consular
functions in another State, unless there is express objection by one of
the States concerned.
Article 8. EXERCISE OF CONSULAR FUNCTIONS ON BEHALF OF
A THIRD STATE
Upon appropriate notification to the receiving State, a consular post
of the sending State may, unless the receiving State objects, exercise
consular functions in the receiving State on behalf of a third State.
Article 9. CLASSES OF HEADS OF CONSULAR POSTS
1. Heads of consular posts are divided into four classes, namely:
(a) consuls-general;
(b) consuls;
(c) vice-consuls;
(d) consular agents.
2. Paragraph 1 of this Article in no way restricts the right of any of
the Contracting Parties to fix the designation of consular officers other
than the heads of consular posts.
Article 10. APPOINTMENT AND ADMISSION OF HEADS OF CONSULAR
POSTS
1. Heads of consular posts are appointed by the sending State and are
admitted to the exercise of their functions by the receiving State.
2. Subject to the provisions of the present Convention, the formalities
for the appointment and for the admission of the head of a consular post
are determined by the laws, regulations and usages of the sending State
and of the receiving State respectively.
Article 11. THE CONSULAR COMMISSION OR NOTIFICATION OF
APPOINTMENT
1. The head of a consular post shall be provided by the sending State
with a document, in the form of a commission or similar instrument, made
out for each appointment, certifying his capacity and showing, as a general
rule, his full name, his category and class, the consular district and
the seat of the consular post.
2. The sending State shall transmit the commission or similar instrument
through the diplomatic or other appropriate channel to the Government
of the State in whose territory the head of a consular post is to exercise
his functions.
3. If the receiving State agrees, the sending State may, instead of a
commission or similar instrument, send to the receiving State a notification
containing the particulars required by paragraph 1 of this Article.
Article 12. THE EXEQUATUR
1. The head of a consular post is admitted to the exercise of his functions
by an authorization from the receiving State termed an exequatur, whatever
the form of this authorization.
2. A State which refuses to grant an exequatur is not obliged to give
to the sending State reasons for such refusal.
3. Subject to the provisions of Articles 13 and 15, the head of a consular
post shall not enter upon his duties until he has received an exequatur.
Article 13. PROVISIONAL ADMISSION OF HEADS OF CONSULAR
POSTS
Pending delivery of the exequatur, the head of a consular post may be
admitted on a provisional basis to the exercise of his functions. In that
case, the provisions of the present Convention shall apply.
Article 14. NOTIFICATION TO THE AUTHORITIES OF THE CONSULAR
DISTRICT
As soon as the head of a consular post is admitted even provisionally
to the exercise of his functions, the receiving State shall immediately
notify the competent authorities of the consular district. It shall also
ensure that the necessary measures are taken to enable the head of a consular
post to carry out the duties of his office and to have the benefit of
the provisions of the present Convention.
Article 15. TEMPORARY EXERCISE OF THE FUNCTIONS OF THE
HEAD OF A CONSULAR POST
1. If the head of a consular post is unable to carry out his functions
or the position of head of consular post is vacant, an acting head of
post may act provisionally as head of the consular post.
2. The full name of the acting head of post shall be notified either by
the diplomatic mission of the sending State or, if that State has no such
mission in the receiving State, by the head of the consular post, or,
if he is unable to do so, by any competent authority of the sending State,
to the Ministry for Foreign Affairs of the receiving State or to the authority
designated by that Ministry. As a general rule, this notification shall
be given in advance. The receiving State may make the admission as acting
head of post of a person who is neither a diplomatic agent nor a consular
officer of the sending State in the receiving State conditional on its
consent.
3. The competent authorities of the receiving State shall afford assistance
and protection to the acting head of post. While he is in charge of the
post, the provisions of the present Convention shall apply to him on the
same basis as to the head of the consular post concerned. The receiving
State shall not, however, be obliged to grant to an acting head of post
any facility, privilege or immunity which the head of the consular post
enjoys only subject to conditions not fulfilled by the acting head of
post.
4. When, in the circumstances referred to in paragraph 1 of this Article,
a member of the diplomatic staff of the diplomatic mission of the sending
State in the receiving State is designated by the sending State as an
acting head of post, he shall, if the receiving State does not object
thereto, continue to enjoy diplomatic privileges and immunities.
Article 16. PRECEDENCE AS BETWEEN HEADS OF CONSULAR POSTS
1. Heads of consular posts shall rank in each class according to the date
of the grant of the exequatur.
2. If, however, the head of a consular post before obtaining the exequatur
is admitted to the exercise of his functions provisionally, his precedence
shall be determined according to the date of the provisional admission;
this precedence shall be maintained after the granting of the exequatur.
3. The order of precedence as between two or more heads of consular posts
who obtained the exequatur or provisional admission on the same date shall
be determined according to the dates on which their commissions or similar
instruments or the notifications referred to in paragraph 3 of Article
11 were presented to the receiving State.
4. Acting heads of posts shall rank after all heads of consular posts
and, as between themselves, they shall rank according to the dates on
which they assumed their functions as acting heads of posts as indicated
in the notifications given under paragraph 2 of Article 15.
5. Honorary consular officers who are heads of consular posts shall rank
in each class after career heads of consular posts, in the order and according
to the rules laid down in the foregoing paragraphs.
6. Heads of consular posts shall have precedence over consular officers
not having that status.
Article 17. PERFORMANCE OF DIPLOMATIC ACTS BY CONSULAR
OFFICERS
1. In a State where the sending State has no diplomatic mission and is
not represented by a diplomatic mission of a third State, a consular officer
may, with the consent of the receiving State, and without affecting his
consular status, be authorized to perform diplomatic acts. The performance
of such acts by a consular officer shall not confer upon him any right
to
claim diplomatic privileges and immunities.
2. A consular officer may, after notification addressed to the receiving
State, act as representative of the sending State to any inter-governmental
organization. When so acting, he shall be entitled to enjoy any privileges
and immunities accorded to such a representative by customary international
law or by international agreements; however, in respect of the performance
by him of any consular function, he shall not be entitled to any greater
immunity from jurisdiction than that to which a consular officer is entitled
under the present Convention.
Article 18. APPOINTMENT OF THE SAME PERSON BY TWO OR
MORE STATES AS A CONSULAR OFFICER
Two or more States may, with the consent of the receiving State, appoint
the same person as a consular officer in that State.
Article 19. APPOINTMENT OF MEMBERS OF CONSULAR STAFF
1. Subject to the provisions of Articles 20, 22 and 23, the sending State
may freely appoint the members of the consular staff.
2. The full name, category and class of all consular officers, other than
the head of a consular post, shall be notified by the sending State to
the receiving State in sufficient time for the receiving State, if it
so wishes, to exercise its rights under paragraph 3 of Article 23.
3. The sending State may, if required by its laws and regulations, request
the receiving State to grant an exequatur to a consular officer other
than the head of a consular post.
4. The receiving State may, if required by its laws and regulations, grant
an exequatur to a consular officer other than the head of a consular post.
Article 20. SIZE OF THE CONSULAR STAFF
In the absence of an express agreement as to the size of the consular
staff, the receiving State may require that the size of the staff be kept
within limits considered by it to be reasonable and normal, having regard
to circumstances and conditions in the consular district and to the needs
of the particular post.
Article 21. PRECEDENCE AS BETWEEN CONSULAR OFFICERS OF
A CONSULAR POST
The order of precedence as between the consular officers of a consular
post and any change thereof shall be notified by the diplomatic mission
of the sending State or, if that State has no such mission in the receiving
State, by the head of the consular post, to the Ministry for Foreign Affairs
of the receiving State or to the authority designated by that Ministry.
Article 22. NATIONALITY OF CONSULAR OFFICERS
1. Consular officers should, in principle, have the nationality of the
sending State.
2. Consular officers may not be appointed from among persons having the
nationality of the receiving State except with the express consent of
that State which may be withdrawn at any time.
3. The receiving State may reserve the same right with regard to nationals
of a third State who are not also nationals of the sending State.
Article 23. PERSONS DECLARED "NON GRATA"
1. The receiving State may at any time notify the sending State that a
consular officer is persona non grata or that any other member of the
consular staff is not acceptable. In that event, the sending State shall,
as the case may be, either recall the person concerned or terminate his
functions with the consular post.
2. If the sending State refuses or fails within a reasonable time to carry
out its obligations under paragraph 1 of this Article, the receiving State
may, as the case may be, either withdraw the exequatur from the person
concerned or cease to consider him as a member of the consular staff.
3. A person appointed as a member of a consular post may be declared unacceptable
before arriving in the territory of the receiving State or, if already
in the receiving State, before entering on his duties with the consular
post. In any such case, the sending State shall withdraw his appointment.
4. In the cases mentioned in paragraphs 1 and 3 of this Article, the receiving
State is not obliged to give to the sending State reasons for its decision.
Article 24. NOTIFICATION TO THE RECEIVING STATE OF APPOINTMENTS,
ARRIVALS AND DEPARTURES
1. The Ministry for Foreign Affairs of the receiving State or the authority
designated by that Ministry shall be notified of:
(a) the appointment of members of a consular post, their arrival after
appointment to the consular post, their final departure or the termination
of their functions and any other changes affecting their status that may
occur in the course of their service with the consular post;
(b) the arrival and final departure of a person belonging to the family
of a member of a consular post forming part of his household and, where
appropriate, the fact that a person becomes or ceases to be such a member
of the family;
(c) the arrival and final departure of members of the private staff and,
where appropriate, the termination of their service as such;
(d) the engagement and discharge of persons resident in the receiving
State as members of a consular post or as members of the private staff
entitled to privileges and immunities.
2. When possible, prior notification of arrival and final departure shall
also be given.
Section II. END OF CONSULAR FUNCTIONS
Article 25. TERMINATION OF THE FUNCTIONS
OF A MEMBER OF A CONSULAR POST
The functions of a member of a consular post shall come to an end inter
alia:
(a) on notification by the sending State to the receiving State that his
functions have come to an end;
(b) on withdrawal of the exequatur;
(c) on notification by the receiving State to the sending State that the
receiving State has ceased to consider him as a member of the consular
staff.
Article 26. DEPARTURE FROM THE TERRITORY OF THE RECEIVING
STATE
The receiving State shall, even in case of armed conflict, grant to members
of the consular post and members of the private staff, other than nationals
of the receiving State, and to members of their families forming part
of their households irrespective of nationality, the necessary time and
facilities to enable them to prepare their departure and to leave at the
earliest possible moment after the termination of the functions of the
members concerned. In particular, it shall, in case of need, place at
their disposal the necessary means of transport for themselves and their
property other than property acquired in the receiving State the export
of which is prohibited at the time of departure.
Article 27. PROTECTION OF CONSULAR PREMISES AND ARCHIVES
AND OF THE INTERESTS OF THE SENDING STATE IN EXCEPTIONAL CIRCUMSTANCES
1. In the event of the severance of consular relations between two States:
(a) the receiving State shall, even in case of armed conflict, respect
and protect the consular premises, together with the property of the consular
post and the consular archives;
(b) the sending State may entrust the custody of the consular premises,
together with the property contained therein and the consular archives,
to a third State acceptable to the receiving State;
(c) the sending State may entrust the protection of its interests and
those of its nationals to a third State acceptable to the receiving State.
2. In the event of the temporary or permanent closure of a consular post,
the provisions of sub-paragraph (a) of paragraph 1 of this Article shall
apply. In addition,
(a) if the sending State, although not represented in the receiving State
by a diplomatic mission, has another consular post in the territory of
that State, that consular post may be entrusted with the custody of the
premises of the consular post which has been closed, together with the
property contained therein and the consular archives, and, with the consent
of the receiving State, with the exercise of consular functions in the
district of that consular post; or
(b) if the sending State has no diplomatic mission and no other consular
post in the receiving State, the provisions of sub-paragraphs (b) and
(c) of paragraph 1 of this Article shall apply.
CHAPTER II. FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS AND OTHER MEMBERS
OF A CONSULAR POST
Section I. FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO A CONSULAR POST
Article 28. FACILITIES FOR THE WORK
OF THE CONSULAR POST
The receiving State shall accord full facilities for the performance of
the functions of the consular post.
Article 29. USE OF NATIONAL FLAG AND COAT-OF-ARMS
1. The sending State shall have the right to the use of its national flag
and coat-of-arms in the receiving State in accordance with the provisions
of this Article.
2. The national flag of the sending State may be flown and its coat-of-arms
displayed on the building occupied by the consular post and at the entrance
door thereof, on the residence of the head of the consular post and on
his means of transport when used on official business.
3. In the exercise of the right accorded by this Article regard shall
be had to the laws, regulations and usages of the receiving State.
Article 30. ACCOMMODATION
1. The receiving State shall either facilitate the acquisition on its
territory, in accordance with its laws and regulations, by the sending
State of premises necessary for its consular post or assist the latter
in obtaining accommodation in some other way.
2. It shall also, where necessary, assist the consular post in obtaining
suitable accommodation for its members.
Article 31. INVIOLABILITY OF THE CONSULAR PREMISES
1. Consular premises shall be inviolable to the extent provided in this
Article.
2. The authorities of the receiving State shall not enter that part of
the consular premises which is used exclusively for the purpose of the
work of the consular post except with the consent of the head of the consular
post or of his designee or of the head of the diplomatic mission of the
sending State. The consent of the head of the consular post may, however,
be assumed in case of fire or other disaster requiring prompt protective
action.
3. Subject to the provisions of paragraph 2 of this Article, the receiving
State is under a special duty to take all appropriate steps to protect
the consular premises against any intrusion or damage and to prevent any
disturbance of the peace of the consular post or impairment of its dignity.
4. The consular premises, their furnishings, the property of the consular
post and its means of transport shall be immune from any form of requisition
for purposes of national defence or public utility. If expropriation is
necessary for such purposes, all possible steps shall be taken to avoid
impeding the performance of consular functions, and prompt, adequate and
effective compensation shall be paid to the sending State.
Article 32. EXEMPTION FROM TAXATION OF CONSULAR PREMISES
1. Consular premises and the residence of the career head of consular
post of which the sending State or any person acting on its behalf is
the owner or lessee shall be exempt from all national, regional or municipal
dues and taxes whatsoever, other than such as represent payment for specific
services rendered.
2. The exemption from taxation referred to in paragraph 1 of this Article
shall not apply to such dues and taxes if, under the law of the receiving
State, they are payable by the person who contracted with the sending
State or with the person acting on its behalf.
Article 33. INVIOLABILITY OF THE CONSULAR ARCHIVES AND
DOCUMENTS
The consular archives and documents shall be inviolable at all times and
wherever they may be.
Article 34. FREEDOM OF MOVEMENT
Subject to its laws and regulations concerning zones entry into which
is prohibited or regulated for reasons of national security, the receiving
State shall ensure freedom of movement and travel in its territory to
all members of the consular post.
Article 35. FREEDOM OF COMMUNICATION
1. The receiving State shall permit and protect freedom of communication
on the part of the consular post for all official purposes. In communicating
with the Government, the diplomatic missions and other consular posts,
wherever situated, of the sending State, the consular post may employ
all appropriate means, including diplomatic or consular couriers, diplomatic
or consular bags and messages in code or cipher. However, the consular
post may install and use a wireless transmitter only with the consent
of the receiving State.
2. The official correspondence of the consular post shall be inviolable.
Official correspondence means all correspondence relating to the consular
post and its functions.
3. The consular bag shall be neither opened nor detained. Nevertheless,
if the competent authorities of the receiving State have serious reason
to believe that the bag contains something other than the correspondence,
documents or articles referred to in paragraph 4 of this Article, they
may request that the bag be opened in their presence by an authorized
representative of the sending State. If this request is refused by the
authorities of the sending State, the bag shall be returned to its place
of origin.
4. The packages constituting the consular bag shall bear visible external
marks of their character and may contain only official correspondence
and documents or articles intended exclusively for official use.
5. The consular courier shall be provided with an official document indicat
ing his status and the number of packages constituting the consular bag.
Except with the consent of the receiving State he shall be neither a national
of the receiving State, nor, unless he is a national of the sending State,
a permanent resident of the receiving State. In the performance of his
functions he shall be protected by the receiving State. He shall enjoy
personal inviolability and shall not be liable to any form of arrest or
detention.
6. The sending State, its diplomatic missions and its consular posts may
designate consular couriers ad hoc. In such cases the provisions of paragraph
5 of this Article shall also apply except that the immunities therein
mentioned shall cease to apply when such a courier has delivered to the
consignee the consular bag in his charge.
7. A consular bag may be entrusted to the captain of a ship or of a commercial
aircraft scheduled to land at an authorized port of entry. He shall be
provided with an official document indicating the number of packages constituting
the bag, but he shall not be considered to be a consular courier. By arrangement
with the appropriate local authorities, the consular post may send one
of its members to take possession of the bag directly and freely from
the captain of the ship or of the aircraft.
Article 36. COMMUNICATION AND CONTACT WITH NATIONALS
OF THE SENDING STATE
1. With a view to facilitating the exercise of consular functions relating
to nationals of the sending State:
(a) consular officers shall be free to communicate with nationals of the
sending State and to have access to them. Nationals of the sending State
shall have the same freedom with respect to communication with and access
to consular officers of the sending State;
(b) if he so requests, the competent authorities of the receiving State
shall, without delay, inform the consular post of the sending State if,
within its consular district, a national of that State is arrested or
committed to prison or to custody pending trial or is detained in any
other manner. Any communication addressed to the consular post by the
person arrested, in prison, custody or detention shall also be forwarded
by the said authorities without delay. The said authorities shall inform
the person concerned without delay of his rights under this sub-paragraph;
(c) consular officers shall have the right to visit a national of the
sending State who is in prison, custody or detention, to converse and
correspond with him and to arrange for his legal representation. They
shall also have the right to visit any national of the sending State who
is in prison, custody or detention in their district in pursuance of a
judgment. Nevertheless, consular officers shall refrain from taking action
on behalf of a national who is in prison, custody or detention if he expressly
opposes such action.
2. The rights referred to in paragraph 1 of this Article shall be exercised
in conformity with the laws and regulations of the receiving State, subject
to the proviso, however, that the said laws and regulations must enable
full effect to be given to the purposes for which the rights accorded
under this Article are intended.
Article 37. INFORMATION IN CASES OF DEATHS, GUARDIANSHIP
OR TRUSTEESHIP, WRECKS AND AIR ACCIDENTS
If the relevant information is available to the competent authorities
of the receiving State, such authorities shall have the duty:
(a) in the case of the death of a national of the sending State, to inform
without delay the consular post in whose district the death occurred;
(b) to inform the competent consular post without delay of any case where
the appointment of a guardian or trustee appears to be in the interests
of a minor or other person lacking full capacity who is a national of
the sending State. The giving of this information shall, however, be without
prejudice to the operation of the laws and regulations of the receiving
State concerning such appointments;
(c) if a vessel, having the nationality of the sending State, is wrecked
or runs aground in the territorial sea or internal waters of the receiving
State, or if an aircraft registered in the sending State suffers an accident
on the territory of the receiving State, to inform without delay the consular
post nearest to the scene of the occurrence.
Article 38. COMMUNICATION WITH THE AUTHORITIES OF THE
RECEIVING STATE
In the exercise of their functions, consular officers may address:
(a) the competent local authorities of their consular district;
(b) the competent central authorities of the receiving State if and to
the extent that this is allowed by the laws, regulations and usages of
the receiving State or by the relevant international agreements.
Article 39. CONSULAR FEES AND CHARGES
1. The consular post may levy in the territory of the receiving State
the fees and charges provided by the laws and regulations of the sending
State for consular acts.
2. The sums collected in the form of the fees and charges referred to
in paragraph 1 of this Article, and the receipts for such fees and charges,
shall be exempt from all dues and taxes in the receiving State.
Section II. FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO
CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST
Article 40. PROTECTION OF CONSULAR OFFICERS
The receiving State shall treat consular officers with due respect and
shall take all appropriate steps to prevent any attack on their person,
freedom or dignity.
Article 41. PERSONAL INVIOLABILITY OF CONSULAR OFFICERS
1. Consular officers shall not be liable to arrest or detention pending
trial, except in the case of a grave crime and pursuant to a decision
by the competent judicial authority.
2. Except in the case specified in paragraph 1 of this Article, consular
officers shall not be committed to prison or liable to any other form
of restriction on their personal freedom save in execution of a judicial
decision of final effect.
3. If criminal proceedings are instituted against a consular officer,
he must appear before the competent authorities. Nevertheless, the proceedings
shall be conducted with the respect due to him by reason of his official
position and, except in the case specified in paragraph 1 of this Article,
in a manner which will hamper the exercise of consular functions as little
as possible. When, in the circumstances mentioned in paragraph 1 of this
Article, it has become necessary to detain a consular officer, the proceedings
against him shall be instituted with the minimum of delay.
Article 42. NOTIFICATION OF ARREST, DETENTION OR PROSECUTION
In the event of the arrest or detention, pending trial, of a member of
the consular staff, or of criminal proceedings being instituted against
him, the receiving State shall promptly notify the head of the consular
post. Should the latter be himself the object of any such measure, the
receiving State shall notify the sending State through the diplomatic
channel.
Article 43. IMMUNITY FROM JURISDICTION
1. Consular officers and consular employees shall not be amenable to the
jurisdiction of the judicial or administrative authorities of the receiving
State in respect of acts performed in the exercise of consular functions.
2. The provisions of paragraph 1 of this Article shall not, however, apply
in respect of a civil action either:
(a) arising out of a contract concluded by a consular officer or a consular
employee in which he did not contract expressly or impliedly as an agent
of the sending State; or
(b) by a third party for damage arising from an accident in the receiving
State caused by a vehicle, vessel or aircraft.
Article 44. LIABILITY TO GIVE EVIDENCE
1. Members of a consular post may be called upon to attend as witnesses
in the course of judicial or administrative proceedings. A consular employee
or a member of the service staff shall not, except in the cases mentioned
in paragraph 3 of this Article, decline to give evidence. If a consular
officer should decline to do so, no coercive measure or penalty may be
applied to him.
2. The authority requiring the evidence of a consular officer shall avoid
interference with the performance of his functions. It may, when possible,
take such evidence at his residence or at the consular post or accept
a statement from him in writing.
3. Members of a consular post are under no obligation to give evidence
concerning matters connected with the exercise of their functions or to
produce official correspondence and documents relating thereto. They are
also entitled to decline to give evidence as expert witnesses with regard
to the law of the sending State.
Article 45. WAIVER OF PRIVILEGES AND IMMUNITIES
1. The sending State may waive, with regard to a member of the consular
post, any of the privileges and immunities provided for in Articles 41,
43 and 44.
2. The waiver shall in all cases be express, except as provided in paragraph
3 of this Article, and shall be communicated to the receiving State in
writing.
3. The initiation of proceedings by a consular officer or a consular employee
in a matter where he might enjoy immunity from jurisdiction under Article
43 shall preclude him from invoking immunity from jurisdiction in respect
of any counter-claim directly connected with the principal claim.
4. The waiver of immunity from jurisdiction for the purposes of civil
or administrative proceedings shall not be deemed to imply the waiver
of immunity from the measures of execution resulting from the judicial
decision; in respect of such measures, a separate waiver shall be necessary.
Article 46. EXEMPTION FROM REGISTRATION OF ALIENS AND
RESIDENCE PERMITS
1. Consular officers and consular employees and members of their families
forming part of their households shall be exempt from all obligations
under the laws and regulations of the receiving State in regard to the
registration of aliens and residence permits.
2. The provisions of paragraph 1 of this Article shall not, however, apply
to any consular employee who is not a permanent employee of the sending
State or who carries on any private gainful occupation in the receiving
State or to any member of the family of any such employee.
Article 47. EXEMPTION FROM WORK PERMITS
1. Members of the consular post shall, with respect to services rendered
for the sending State, be exempt from any obligations in regard to work
permits imposed by the laws and regulations of the receiving State concerning
the employment of foreign labour.
2. Members of the private staff of consular officers and of consular employees
shall, if they do not carry on any other gainful occupation in the receiving
State, be exempt from the obligations referred to in paragraph 1 of this
Article.
Article 48. SOCIAL SECURITY EXEMPTION
1. Subject to the provisions of paragraph 3 of this Article, members of
the consular post with respect to services rendered by them for the sending
State, and members of their families forming part of their households,
shall be exempt from social security provisions which may be in force
in the receiving State.
2. The exemption provided for in paragraph 1 of this Article shall apply
also to members of the private staff who are in the sole employ of members
of the consular post, on condition:
(a) that they are not nationals of or permanently resident in the receiving
State; and
(b) that they are covered by the social security provisions which are
in force in the sending State or a third State.
3. Members of the consular post who employ persons to whom the exemption
provided for in paragraph 2 of this Article does not apply shall observe
the obligations which the social security provisions of the receiving
State impose upon employers.
4. The exemption provided for in paragraphs 1 and 2 of this Article shall
not preclude voluntary participation in the social security system of
the receiving State, provided that such participation is permitted by
that State.
Article 49. EXEMPTION FROM TAXATION
1. Consular officers and consular employees and members of their families
forming part of their households shall be exempt from all dues and taxes,
personal or real, national, regional or municipal, except:
(a) indirect taxes of a kind which are normally incorporated in the price
of goods or services;
(b) dues or taxes on private immovable property situated in the territory
of the receiving State, subject to the provisions of Article 32;
(c) estate, succession or inheritance duties, and duties on transfers,
levied by the receiving State, subject to the provisions of paragraph
(b) of Article 51;
(d) dues and taxes on private income, including capital gains, having
its source in the receiving State and capital taxes relating to investments
made in commercial or financial undertakings in the receiving State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duties,
subject to the provisions of Article 32.
2. Members of the service staff shall be exempt from dues and taxes on
the wages which they receive for their services.
3. Members of the consular post who employ persons whose wages or salaries
are not exempt from income tax in the receiving State shall observe the
obligations which the laws and regulations of that State impose upon employers
concerning the levying of income tax.
Article 50. EXEMPTION FROM CUSTOMS DUTIES AND INSPECTION
1. The receiving State shall, in accordance with such laws and regulations
as it may adopt, permit entry of and grant exemption from all customs
duties, taxes, and related charges other than charges for storage, cartage
and similar services, on:
(a) articles for the official use of the consular post;
(b) articles for the personal use of a consular officer or members of
his family forming part of his household, including articles intended
for his establishment. The articles intended for consumption shall not
exceed the quantities necessary for direct utilization by the persons
concerned.
2. Consular employees shall enjoy the privileges and exemptions specified
in paragraph 1 of this Article in respect of articles imported at the
time of first installation.
3. Personal baggage accompanying consular officers and members of their
families forming part of their households shall be exempt from inspection.
It may be inspected only if there is serious reason to believe that it
contains articles other than those referred to in sub-paragraph (b) of
paragraph 1 of this Article, or articles the import or export of which
is prohibited by the laws and regulations of the receiving State or which
are subject to its quarantine laws and regulations. Such inspection shall
be carried out in the presence of the consular officer or member of his
family concerned.
Article 51. ESTATE OF A MEMBER OF THE CONSULAR POST OR
OF A MEMBER OF HIS FAMILY
In the event of the death of a member of the consular post or of a member
of his family forming part of his household, the receiving State:
(a) shall permit the export of the movable property of the deceased, with
the exception of any such property acquired in the receiving State the
export of which was prohibited at the time of his death;
(b) shall not levy national, regional or municipal estate, succession
or inheritance duties, and duties on transfers, on movable property the
presence of which in the receiving State was due solely to the presence
in that State of the deceased as a member of the consular post or as a
member of the family of a member of the consular post.
Article 52. EXEMPTION FROM PERSONAL SERVICES AND CONTRIBUTIONS
The receiving State shall exempt members of the consular post and members
of their families forming part of their households from all personal services,
from all public service of any kind whatsoever, and from military obligations
such as those connected with requisitioning, military contributions and
billeting.
Article 53. BEGINNING AND END OF CONSULAR PRIVILEGES
AND IMMUNITIES
1. Every member of the consular post shall enjoy the privileges and immunit
ies provided in the present Convention from the moment he enters the territory
of the receiving State on proceeding to take up his post or, if already
in its territory, from the moment when he enters on his duties with the
consular post.
2. Members of the family of a member of the consular post forming part
of his household and members of his private staff shall receive the privileges
and immunities provided in the present Convention from the date from which
he enjoys privileges and immunities in accordance with paragraph 1 of
this Article or from the date of their entry into the territory of the
receiving State or from the date of their becoming a member of such family
or private staff, whichever is the latest.
3. When the functions of a member of the consular post have come to an
end, his privileges and immunities and those of a member of his family
forming part of his household or a member of his private staff shall normally
cease at the moment when the person concerned leaves the receiving State
or on the expiry of a reasonable period in which to do so, whichever is
the sooner, but shall subsist until that time, even in case of armed conflict.
In the case of the persons referred to in paragraph 2 of this Article,
their privileges and immunities shall come to an end when they cease to
belong to the household or to be in the service of a member of the consular
post provided, however, that if such persons intend leaving the receiving
State within a reasonable period thereafter, their privileges and immunities
shall subsist until the time of their departure.
4. However, with respect to acts performed by a consular officer or a
consular employee in the exercise of his functions, immunity from jurisdiction
shall continue to subsist without limitation of time.
5. In the event of the death of a member of the consular post, the members
of his family forming part of his household shall continue to enjoy the
privileges and immunities accorded to them until they leave the receiving
State or until the expiry of a reasonable period enabling them to do so,
whichever is the sooner.
Article 54. OBLIGATIONS OF THIRD STATES
1. If a consular officer passes through or is in the territory of a third
State, which has granted him a visa if a visa was necessary, while proceeding
to take up or return to his post or when returning to the sending State,
the third State shall accord to him all immunities provided for by the
other Articles of the present Convention as may be required to ensure
his transit or return. The same shall apply in the case of any member
of his family forming part of his household enjoying such privileges and
immunities who are accompanying the consular officer or travelling separately
to join him or to return to the sending State.
2. In circumstances similar to those specified in paragraph 1 of this
Article, third States shall not hinder the transit through their territory
of other members of the consular post or of members of their families
forming part of their households.
3. Third States shall accord to official correspondence and to other official
communications in transit, including messages in code or cipher, the same
freedom and protection as the receiving State is bound to accord under
the present Convention. They shall accord to consular couriers who have
been granted a visa, if a visa was necessary, and to consular bags in
transit, the same inviolability and protection as the receiving State
is bound to accord under the present Convention.
4. The obligations of third States under paragraphs 1, 2 and 3 of this
Article shall also apply to the persons mentioned respectively in those
paragraphs, and to official communications and to consular bags, whose
presence in the territory of the third State is due to force majeure.
Article 55. RESPECT FOR THE LAWS AND REGULATIONS OF THE
RECEIVING STATE
1. Without prejudice to their privileges and immunities, it is the duty
of all persons enjoying such privileges and immunities to respect the
laws and regulations of the receiving State. They also have a duty not
to interfere in the internal affairs of that State.
2. The consular premises shall not be used in any manner incompatible
with the exercise of consular functions.
3. The provisions of paragraph 2 of this Article shall not exclude the
possibility of offices of other institutions or agencies being installed
in part of the building in which the consular premises are situated, provided
that the premises assigned to them are separate from those used by the
consular post. In that event, the said offices shall not, for the purposes
of the present Convention, be considered to form part of the consular
premises.
Article 56. INSURANCE AGAINST THIRD PARTY RISKS
Members of the consular post shall comply with any requirement imposed
by the laws and regulations of the receiving State in respect of insurance
against third party risks arising from the use of any vehicle, vessel
or aircraft.
Article 57. SPECIAL PROVISIONS CONCERNING PRIVATE GAINFUL
OCCUPATION
1. Career consular officers shall not carry on for personal profit any
professional or commercial activity in the receiving State.
2. Privileges and immunities provided in this Chapter shall not be accorded:
(a) to consular employees or to members of the service staff who carry
on any private gainful occupation in the receiving State;
(b) to members of the family of a person referred to in sub-paragraph
(a) of this paragraph or to members of his private staff;
(c) to members of the family of a member of a consular post who themselves
carry on any private gainful occupation in the receiving State.
CHAPTER III. REGIME RELATING TO HONORARY CONSULAR OFFICERS AND
CONSULAR POSTS HEADED BY SUCH OFFICERS
Article 58. GENERAL PROVISIONS RELATING TO FACILITIES,
PRIVILEGES AND IMMUNITIES
1. Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of Article
54 and paragraphs 2 and 3 of Article 55 shall apply to consular posts
headed by an honorary consular officer. In addition, the facilities, privileges
and immunities of such consular posts shall be governed by
Articles 59, 60, 61 and 62.
2. Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and
paragraph 1 of Article 55 shall apply to honorary consular officers. In
addition, the facilities, privileges and immunities of such consular officers
shall be governed by Articles 63, 64, 65, 66 and 67.
3. Privileges and immunities provided in the present Convention shall
not be accorded to members of the family of an honorary consular officer
or of a consular employee employed at a consular post headed by an honorary
consular officer.
4. The exchange of consular bags between two consular posts headed by
honorary consular officers in different States shall not be allowed without
the consent of the two receiving States concerned.
Article 59. PROTECTION OF THE CONSULAR PREMISES
The receiving State shall take such steps as may be necessary to protect
the consular premises of a consular post headed by an honorary consular
officer against any intrusion or damage and to prevent any disturbance
of the peace of the consular post or impairment of its dignity.
Article 60. EXEMPTION FROM TAXATION OF CONSULAR PREMISES
1. Consular premises of a consular post headed by an honorary consular
officer of which the sending State is the owner or lessee shall be exempt
from all national, regional or municipal dues and taxes whatsoever, other
than such as represent payment for specific services rendered.
2. The exemption from taxation referred to in paragraph 1 of this Article
shall not apply to such dues and taxes if, under the laws and regulations
of the receiving State, they are payable by the person who contracted
with the sending State.
Article 61. INVIOLABILITY OF CONSULAR ARCHIVES AND DOCUMENTS
The consular archives and documents of a consular post headed by an honorar
y consular officer shall be inviolable at all times and wherever they
may be, provided that they are kept separate from other papers and documents
and, in particular, from the private correspondence of the head of a consular
post and of any person working with him, and from the materials, books
or documents relating to their profession or trade.
Article 62. EXEMPTION FROM CUSTOMS DUTIES
The receiving State shall, in accordance with such laws and regulations
as it may adopt, permit entry of, and grant exemption from all customs
duties, taxes, and related charges other than charges for storage, cartage
and similar services on the following articles, provided that they are
for the official use of a consular post headed by an honorary consular
officer: coats-of-arms, flags, signboards, seals and stamps, books, official
printed matter, office furniture, office equipment and similar articles
supplied by or at the instance of the sending State to the consular post.
Article 63. CRIMINAL PROCEEDINGS
If criminal proceedings are instituted against an honorary consular officer
, he must appear before the competent authorities. Nevertheless, the proceedings
shall be conducted with the respect due to him by reason of his official
position and, except when he is under arrest or detention, in a manner
which will hamper the exercise of consular functions as little as possible.
When it has become necessary to detain an honorary consular officer, the
proceedings against him shall be instituted with the minimum of delay.
Article 64. PROTECTION OF HONORARY CONSULAR OFFICERS
The receiving State is under a duty to accord to an honorary consular
officer such protection as may be required by reason of his official position.
Article 65. EXEMPTION FROM REGISTRATION OF ALIENS AND
RESIDENCE PERMITS
Honorary consular officers, with the exception of those who carry on for
personal profit any professional or commercial activity in the receiving
State, shall be exempt from all obligations under the laws and regulations
of the receiving State in regard to the registration of aliens and residence
permits.
Article 66. EXEMPTION FROM TAXATION
An honorary consular officer shall be exempt from all dues and taxes on
the remuneration and emoluments which he receives from the sending State
in respect of the exercise of consular functions.
Article 67. EXEMPTION FROM PERSONAL SERVICES AND CONTRIBUTIONS
The receiving State shall exempt honorary consular officers from all personal
services and from all public services of any kind whatsoever and from
military obligations such as those connected with requisitioning, military
contributions and billeting.
Article 68. OPTIONAL CHARACTER OF THE INSTITUTION OF
HONORARY CONSULAR OFFICERS
Each State is free to decide whether it will appoint or receive honorary
consular officers.
CHAPTER IV. GENERAL PROVISIONS
Article 69. CONSULAR AGENTS WHO ARE NOT HEADS OF CONSULAR
POSTS
1. Each State is free to decide whether it will establish or admit consular
agencies conducted by consular agents not designated as heads of consular
post by the sending State.
2. The conditions under which the consular agencies referred to in paragraph
1 of this Article may carry on their activities and the privileges and
immunities which may be enjoyed by the consular agents in charge of them
shall be determined by agreement between the sending State and the receiving
State.
Article 70. EXERCISE OF CONSULAR FUNCTIONS BY DIPLOMATIC
MISSIONS
1. The provisions of the present Convention apply also, so far as the
context permits, to the exercise of consular functions by a diplomatic
mission.
2. The names of members of a diplomatic mission assigned to the consular
section or otherwise charged with the exercise of the consular functions
of the mission shall be notified to the Ministry for Foreign Affairs of
the receiving State or to the authority designated by that Ministry.
3. In the exercise of consular functions a diplomatic mission may address:
(a) the local authorities of the consular district;
(b) the central authorities of the receiving State if this is allowed
by the laws, regulations and usages of the receiving State or by relevant
international agreements.
4. The privileges and immunities of the members of a diplomatic mission
referred to in paragraph 2 of this Article shall continue to be governed
by the rules of international law concerning diplomatic relations.
Article 71. NATIONALS OR PERMANENT RESIDENTS OF THE RECEIVING
STATE
1. Except in so far as additional facilities, privileges and immunities
may be granted by the receiving State, consular officers who are nationals
of or permanently resident in the receiving State shall enjoy only immunity
from jurisdiction and personal inviolability in respect of official acts
performed in the exercise of their functions, and the privilege provided
in paragraph 3 of Article 44. So far as these consular officers are concerned,
the receiving State shall likewise be bound by the obligation laid down
in Article 42. If criminal proceedings are instituted against such a consular
officer, the proceedings shall, except when he is under arrest or detention,
be conducted in a manner which will hamper the exercise of consular functions
as little as possible.
2. Other members of the consular post who are nationals of or permanently
resident in the receiving State and members of their families, as well
as members of the families of consular officers referred to in paragraph
1 of this Article, shall enjoy facilities, privileges and immunities only
in so far as these are granted to them by the receiving State. Those members
of the families of members of the consular post and those members of the
private staff who are themselves nationals of or permanently resident
in the receiving State shall likewise enjoy facilities, privileges and
immunit ies only in so far as these are granted to them by the receiving
State. The receiving State shall, however, exercise its jurisdiction over
those persons in such a way as not to hinder unduly the performance of
the functions of the consular post.
Article 72. NON-DISCRIMINATION
1. In the application of the provisions of the present Convention the
receiving State shall not discriminate as between States.
2. However, discrimination shall not be regarded as taking place:
(a) where the receiving State applies any of the provisions of the present
Convention restrictively because of a restrictive application of that
provision to its consular posts in the sending State;
(b) where by custom or agreement States extend to each other more favourable
treatment than is required by the provisions of the present Convention.
Article 73. RELATIONSHIP BETWEEN THE PRESENT CONVENTION
AND OTHER INTERNATIONAL AGREEMENTS
1. The provisions of the present Convention shall not affect other international
agreements in force as between States parties to them.
2. Nothing in the present Convention shall preclude States from concluding
international agreements confirming or supplementing or extending or amplifying
the provisions thereof.
CHAPTER V. FINAL PROVISIONS
Article 74. SIGNATURE
The present Convention shall be open for signature by all States Members
of the United Nations or of any of the specialized agencies or Parties
to the Statute of the International Court of Justice, and by any other
State invited by the General Assembly of the United Nations to become
a Party to the Convention, as follows until 31 October 1963 at the Federal
Ministry for Foreign Affairs of the Republic of Austria and subsequently,
until 31 March 1964, at the United Nations Headquarters in New York.
Article 75. RATIFICATION
The present Convention is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
Article 76. ACCESSION
The present Convention shall remain open for accession by any State belongi
ng to any of the four categories mentioned in Article 74. The instruments
of accession shall be deposited with the Secretary-General of the United
Nations.
Article 77. ENTRY INTO FORCE
1. The present Convention shall enter into force on the thirtieth day
following the date of deposit of the twenty-second instrument of ratification
or accession with the Secretary-General of the United Nations.
2. For each State ratifying or acceding to the Convention after the deposit
of the twenty-second instrument of ratification or accession, the Convention
shall enter into force on the thirtieth day after deposit by such State
of its instrument of ratification or accession.
Article 78. NOTIFICATIONS BY THE SECRETARY-GENERAL
The Secretary-General of the United Nations shall inform all States belonging
to any of the four categories mentioned in Article 74:
(a) of signatures to the present Convention and of the deposit of instruments
of ratification or accession, in accordance with Articles 74, 75 and 76;
(b) of the date on which the present Convention will enter into force,
in accordance with Article 77.
Article 79. AUTHENTIC TEXTS
The original of the present Convention, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited
with the Secretary-General of the United Nations, who shall send certified
copies thereof to all States belonging to any of the four categories mentioned
in Article 74.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present Convention.
DONE at Vienna, this twenty-fourth day of April, one thousand nine hundred
and sixty-three
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