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 Nations 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 safe keeping.
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 States 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
subparagraph (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 insofar 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 refused 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, and9 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 intergovernmental 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 consular 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 subparagraph (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
subparagraphs (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 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 indicating his status and the number of packages
constituting the consular bag. Except with the consent of the
receiving State he shall be neither a national of the
receiving State, nor, unless he is a national of the sending
State, a permanent resident of the receiving State. In the
performance of his functions he shall be protected by the
receiving State. He shall enjoy personal inviolability and
shall not be liable to any form of arrest or detention.
6.The sending State, its diplomatic 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
be forwarded by the said authorities without delay. The said
authorities shall inform the person concerned without delay
of his rights under this subparagraph;
(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
judgement. 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 be
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
counterclaim 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 subparagraph (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 immunities 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 the 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 requirements
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
subparagraph (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 l 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 honorary 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 insofar 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
privileges 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 insofar as
these are granted to them by the receiving State. Those
members of the families of members of the consular post and
those members of the private staff who are themselves
nationals of or permanently resident in the receiving State
shall likewise enjoy facilities, privileges and immunities
only insofar 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 belonging to any of the four categories mentioned in
article 74. The instruments of accession shall be deposited with
the SecretaryGeneral 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.
OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON CONSULAR RELATIONS
CONCERNING ACOUISITION OF NATIONALITY
Done at Vienna on 24 April 1963
The States Parties to the present Protocol and to the Vienna
Convention on Consular Relations, hereinafter referred to as “
the Convention ”, adopted by the United Nations Conference held
at Vienna from 4 March to 22 April 1963,
Expressing their wish to establish rules between them concerning
acquisition of nationality by members of the consular post and
by members of their families forming part of their households,
Have agreed as follows:
ARTICLE I
For the purposes of the present Protocol, the expression “
members of the consular post ” shall have the meaning assigned
to it in subparagraph (g) of paragraph 1 of article 1 of the
Convention, namely, “ consular officers, consular employees and
members of the service staff ”.
ARTICLE II
Members of the consular post not being nationals of the
receiving State, and members of their families forming part of
their households, shall not, solely by the operation of the law
of the receiving State, acquire the nationality of that State.
ARTICLE III
The present Protocol shall be open for signature by all States
which may become Parties 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 IV
The present Protocol is subject to ratification. The instruments
of ratification shall be deposited with the Secretary-General of
the United Nations.
ARTICLE V
The present Protocol shall remain open for accession by all
States which may become Parties to the Convention. The
instruments of accession shall be deposited with the
Secretary-General of the United Nations.
ARTICLE VI
1. The present Protocol shall enter into force on the same day
as the Convention or on the thirtieth day following the date
of deposit of the second instrument of ratification of or
accession to the Protocol with the Secretary-General of the
United Nations, whichever date is the later.
2. For each State ratifying or acceding to the present Protocol
after its entry into force in accordance with paragraph 1 of
this article, the Protocol shall enter into force on the
thirtieth day after deposit by such State of its instrument
of ratification or accession.
ARTICLE VII
The Secretary-General of the United Nations shall inform all
States which may become Parties to the Convention:
(a) of signatures to the Protocol and of the deposit of
instruments of ratification or accession, in accordance with
articles III, IV and V;
(b) of the date on which the present Protocol will enter into
force, in accordance with article VI.
ARTICLE VIII
The original of the present Protocol, 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 referred to in article III.
In Witness Whereof the undersigned Plenipotentiaries, being duly
authorized thereto by their respective Governments, have signed
the present Protocol.
Done at Vienna this twenty-fourth day of April, one thousand
nine hundred and sixty-three.
OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON CONSULAR RELATIONS
CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES
Done at Vienna on 24 April 1963
The States Parties to the present Protocol and to the Vienna
Convention on Consular Relations, hereinafter referred to as “
the Convention ”, adopted by the United Nations Conference held
at Vienna from 4 March to 22 April 1963,
Expressing their wish to resort in all matters concerning them
in respect of any dispute arising out of the interpretation or
application of the Convention to the compulsory jurisdiction of
the International Court of Justice, unless some other form of
settlement has been agreed upon by the parties within a
reasonable period.
Have agreed as follows:
ARTICLE I
Disputes arising out of the interpretation or application of the
Convention shall lie within the compulsory jurisdiction of the
International Court of Justice and may accordingly be brought
before the Court by an application made by any party to the
dispute being a Party to the present Protocol.
ARTICLE II
The parties may agree, within a period of two months after one
party has notified its opinion to the other that a dispute
exists, to resort not to the International Court of Justice but
to an arbitral tribunal. After the expiry of the said period,
either party may bring the dispute before the Court by an
application.
ARTICLE III
1.Within the same period of two months, the parties may agree to
adopt a conciliation procedure before resorting to the
International Court of Justice.
2. The conciliation commission shall make its recommendations
within five months after its appointment. If its
recommendations are not accepted by the parties to the
dispute within two months after they have been delivered,
either party may bring the dispute before the Court by an
application.
ARTICLE IV
States Parties to the Convention, to the Optional Protocol
concerning Acquisition of Nationality, and to the present
Protocol may at any time declare that they will extend the
provisions of the present Protocol to disputes arising out of
the interpretation or application of the Optional Protocol
concerning Acquisition of Nationality. Such declarations shall
be notified to the Secretary-General of the United Nations.
ARTICLE V
The present Protocol shall be open for signature by all States
which may become Parties 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 VI
The present Protocol is subject to ratification. The instruments
of ratification shall be deposited with the Secretary-General of
the United Nations.
ARTICLE VII
The present Protocol shall remain open for accession by all
States which may become Parties to the Convention. The
instruments of accession shall be deposited with the
Secretary-General of the United Nations.
ARTICLE VIII
1. The present Protocol shall enter into force on the same day
as the Convention or on the thirtieth day following the date
of deposit of the second instrument of ratification or
accession to the Protocol with the Secretary-General of the
United Nations, whichever date is the later.
2. For each State ratifying or acceding to the present Protocol
after its entry into force in accordance with paragraph 1 of
this article, the Protocol shall enter into force on the
thirtieth day after deposit by such State of its instrument
of ratification or accession.
ARTICLE IX
The Secretary-General of the United Nations shall inform all
States which may become Parties to the Convention:
(a) of signatures to the present Protocol and of the deposit of
instruments of ratification or accession, in accordance with
articles V, VI and VII;
(b) of declarations made in accordance with article IV of the
present Protocol;
(c) of the date on which the present Protocol will enter into
force, in accordance with article VIII.
ARTICLE X
The original of the present Protocol, 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 referred to in article V.
In Witness Whereof The Undersigned Plenipotentiaries, Being Duly
Authorized Thereto By Their Respective Governments, Have Signed
The Present Protocol.
Done At Vienna, This Twenty-fourth Day Of April, One Thousand
Nine Hundred And Sixty-three.