维也纳外交关系公约

维也纳外交关系公约英文版VIENNA CONVENTION ON DIPLOMATIC RELATIONS AND OPTIONAL PROTOCOLSVienna Convention on Diplomatic Relations. Done at Vienna, on 18 April 1961The States Parties to the prese nt Conven tio n,Recalling that peoples of all n ati ons from ancient times have recog ni zed the status of diplomatic age nts,Having in mi nd the purposes and prin ciples of the Charter of the Un ited Nati ons concerning the sovereig n equality of States, the maintenance of international peace and security, and the promotion of friendly relations among n ati ons,Believing that an intern atio nal conven ti on on diplomatic in tercourse, privileges and immun ities would con tribute to the developme nt of frien dly relati ons among n ati on s, irrespective of their differi ng con stituti onal and social systems,Realizing that the purpose of such privileges and immun ities is not to ben efit i ndividuals but to en sure the efficie nt performa nee of the fun cti ons of diplomatic missi ons as represe nting States,Affirming that the rules of customary intern ati on al law should continue to gover n questi ons not expressly regulated by the provisi ons of the prese nt Conven ti on.Have agreed as follows:Article IFor the purpose of the prese nt Conven tio n, the follow ing expressi ons shall have the meanings here un der assig ned to them:(a) The head of the missi on is the pers on charged by the sending State with the duty of act ing in that capacity;(b) The members of the missi on are the head of the missi on and the members of the staff of the missi on;(c) The members of the staff of the mission are the members of the diplomatic staff, of the administrative and tech ni cal staff and of the service staff of the missio n;(d) The members of the diplomatic staff are the members of the staff of the missi on havi ng diplomatic rank;(e) A diplomatic age nt is the head of the missi on or a member of the diplomatic staff of the missio n;(f) The members of the admi nistrative and tech nical staff are the members of the staff of the missi on employed in the administrative and technical service of the mission;(g) The members of the service staff are the members of the staff of the missi on in the domestic service of the missio n;(h) A private servant is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State;(i) The premises of the missi on are the buildi ngs or parts of buildi ngs and the land an cillary thereto, irrespective of own ership, used for the purposes of the missi on in cludi ng the reside nee of the head of the missio n.Article 2The establishme nt of diplomatic relati ons betwee n States, and of perma nent diplomatic missi ons, takes place by mutual consent.Article 31. The fun cti ons of a diplomatic missi on con sist, in ter alia, in:(a) Represe nti ng the sending State in the receivi ng State;(b) Protecti ng in the receivi ng State the in terests of the sending State and of its n ati on als, withi n the limits permitted by intern ati on al law;(c) Negotiati ng with the Government of the receivi ng State;(d) Ascertai ning by all lawful means con diti ons and developme nts in the receivi ng State, and report ing there on to the Government of the sending State;(e) Promoti ng frie ndly relati ons betwee n the sending State and the receivi ng State, and develop ing their economic, cultural and scientific relations;2. Noth ing in the prese nt Conven ti on shall be con strued as preve nting the performa nee of con sular functions by a diplomatic missi on.Article 41. The sending State must make certain that the agreement of the receiving State has been given for the person it proposes to accredit as head of the missi on to that State.2. The receivi ng State is not obliged to give reas ons to the sending State for a refusal of agreement.Article 51. The sending State may, after it has given due notification to the receiving States concerned, accredit a head of missi on or assig n any member of the diplomatic staff, as the case may be, to more tha n one State, uni ess there is express object ion by any of the receivi ng States.2. If the sending State accredits a head of mission to one or more other States it may establish a diplomatic mission headed by a charg?daffaires ad interim in each State where the head of mission has not his permanent seat.3. A head of missi on or any member of the diplomatic staff of the missi on may act as represe ntative of the sending State to any international organization.Article 6Two or more States may accredit the same pers on as head of missi on to ano ther State, uni ess object ion is offered by the receivi ng State.Article 7Subject to the provisi ons of articles 5, 8, 9 and 11, the sending State may freely appo int the members of the staff of the missi on. In the case of military, n aval or air attach 閟,the receivi ng State may require their n ames to be submitted beforeha nd, for its approval.Article 81. Members of the diplomatic staff of the mission should in principle be of the nationality of the sending State.2. Members of the diplomatic staff of the missi on may n ot be appo in ted from among pers ons hav ing the nationality of the receiving State, except with the consent of that State which may be withdrawn at any time.3. The receivi ng State may reserve the same right with regard to n ati on als of a third State who are not also n atio nals of the sending State.Article 91. The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the missi on is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.2. If the sending State refuses or fails with in a reas on able period to carry out its obligati ons un der paragraph 1 of this article, the receivi ng State may refuse to recog nize the pers on concerned as a member of the missi on.Article 101. The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall be no tified of:(a) The appo in tme nt of members of the missi on, their arrival and their final departure or the term in ati on of their functions with the missi on;(b) The arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a pers on becomes or ceases to be a member of the family of a member of the missi on;(c) The arrival and final departure of private servants in the employ of persons referred to in sub-paragraph (a) of this paragraph and, where appropriate, the fact that they are leavi ng the employ of such pers ons;(d) The en gageme nt and discharge of pers ons reside nt in the receivi ng State as members of the missi on or private servants entitled to privileges and immunities.2. Where possible, prior notification of arrival and final departure shall also be given.Article 111. In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a missi on be kept with in limits con sidered by it to be reas on able and no rmal, havi ng regard to circumsta nces and con diti ons in the receivi ng State and to the n eeds of the particular missi on.2. The receiving State may equally, within similar bounds and on a non-discriminatory basis, refuse to accept officials of a particular category.Article 12The sending State may not, without the prior express consent of the receivi ng State, establish offices formi ng part of the missi on in localities other tha n those in which the missi on itself is established.Article 131. The head of the missi on is con sidered as havi ng take n up his fun cti ons in the receivi ng State either whe n he has presented his credentials or when he has notified his arrival and a true copy of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, in accordance with the practice prevailing in the receiving State which shall be applied in a uniform manner.2. The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the missi on.Article 141. Heads of mission are divided into three classes - namely:(a) That of ambassadors or nun cios accredited to Heads of State, and other heads of missi on of equivale nt rank;(b) That of en voys, mini sters and internun cios accredited to Heads of State:(c) That of charg 閟 d affaires accredited to Ministers for Foreign Affairs.2. Except as concerns precede nce and etiquette, there shall be no differe ntiati on betwee n heads of missi on by reas on of their class.Article 15The class to which the heads of their missi ons are to be assig ned shall be agreed betwee n States.Art icle 161. Heads of missi on shall take precede nee in their respective classes in the order of the date and time of tak ing up their fun ctio ns in accorda nee with article 13.2. Alterati ons in the crede ntials of a head of missi on not in volvi ng any cha nge of class shall not affect his precede nee.3. This article is without prejudice to any practice accepted by the receivi ng State regard ing the precede nee of the represe ntative of the Holy See.Article 17The precedence of the members of the diplomatic staff of the mission shall be notified by the head of the mission to the Ministry for Foreign Affairs or such other ministry as may be agreed.Article 18The procedure to be observed in each State for the recepti on of heads of missi on shall be uniform in respect of each class.Article 191. If the post of head of the missi on is vaca nt, or if the head of the missi on is un able to perform his fun cti ons a charg?daffaires ad in terim shall act provisi on ally as head of the missi on. The n ame of the charg?daffaires ad interim shall be notified, either by the head of the mission or in case he is unable to do so, by the Ministry for Foreign Affairs of the sending State to the Ministry for Foreign Affairs of the receiving State or such other mini stry as may be agreed.2. In cases where no member of the diplomatic staff of the mission is present in the receiving State, a member of the administrative and technical staff may, with the consent of the receiving State, be designated by the sending State to be in charge of the current administrative affairs of the mission.Article 20The missi on and its head shall have the right to use the flag and emblem of the sending State on the premises of the missi on, in cludi ng the reside nce of the head of the missi on, and on his means of tran sport.Article 211. The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws, by the sending State of premises necessary for its mission or assist the latter in obtaining accommodation in some other way.2. It shall also, where n ecessary, assist missi ons in obta ining suitable accommodati on for their members.Article 221. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the missi on.2. The receivi ng State is un der a special duty to take all appropriate steps to protect the premises of the missi on aga inst any in trusi on or damage and to preve nt any disturba nee of the peace of the missi on or impairme nt of its dig nity.3. The premises of the missi on, their furnishings and other property there on and the means of tran sport of the missi on shall be immune from search, requisiti on, attachme nt or executi on.Article 231. The sending State and the head of the missi on shall be exempt from all n ati on al, regional or mun icipal dues and taxes in respect of the premises of the missi on, whether owned or leased, other tha n such as represe nt payme nt for specific services ren dered.2. The exemption from taxation referred to in this article shall not apply to such dues and taxes payable under the law of the receivi ng State by pers on s con tract ing with the sending State or the head of the missio n.Article 24The archives and documents of the mission shall be inviolable at any time and wherever they may be.Article 25The receiving State shall accord full facilities for the performance of the functions of the mission.Article 26Subject to its laws and regulati ons concerning zones entry into which is prohibited or regulated for reas ons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory.Article 271. The receivi ng State shall permit and protect free com muni cati on on the part of the missi on for all official purposes. In com muni cati ng with the Government and the other missi ons and con sulates of the sending States, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the missi on may in stall and use a wireless tran smitter only with the consent of the receivi ng State.2. The official correspondence of the mission shall be inviolable. Official correspondence means all corresp ondence relati ng to the missi on and its functions.3. The diplomatic bag shall not be ope ned or deta in ed.4. The packages con stituti ng the diplomatic bag must bear visible exter nal marks of their character and may contain only diplomatic docume nts or articles inten ded for official use.5. The diplomatic courier, who shall be provided with an official document indicating his status and the number of packages con stituti ng the diplomatic bag, shall be protected by the receiv ing State in the performa nee of his functions. He shall enjoy pers onal in violability and shall not be liable to any form of arrest or dete nti on.6. The sending State or missi on may desig nate diplomatic couriers ad hoc. In such cases the provisi ons of paragraph 5 of this article shall also apply, except that the immun ities there in men ti oned shall cease to apply whe n such a courier has delivered to the con sig nee the diplomatic bag in his charge.7. A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorized port of en try. He shall be provided with an official docume nt in dicat ing the nu mber of packages con stitut ing the bag but he shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft.Article 28The fees and charges levied by the missi on in the course of its official duties shall be exempt from all dues and taxes.Article 29The pers on of a diplomatic age nt shall be in violable. He shall not be liable to any form of arrest or dete nti on. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his pers on, freedom or dig nity.Article 301. The private reside nce of a diplomatic age nt shall enjoy the same in violability and protecti on as the premises of the missi on.2. His papers, corresp ondence and, except as provided in paragraph 3 of article 31, his property, shall likewise enjoy in violability.Article 311. A diplomatic age nt shall enjoy immun ity from the crim inal jurisdicti on of the receivi ng State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:(a) A real action relati ng to private immovable property situated in the territory of the receivi ng State, uni ess he holds it on behalf of the sending State for the purposes of the missi on;(b) An actio n relati ng to successi on in which the diplomatic age nt is in volved as executor, adm ini strator, heir or legatee as a private pers on and not on behalf of the sending State;(c) An action relati ng to any professi onal or commercial activity exercised by the diplomatic age nt in the receiving State outside his official functions.2. A diplomatic age nt is not obliged to give evide nce as a wit ness.3. No measures of executi on may be take n in respect of a diplomatic age nt except in the cases coming un der_ sub-paragraphs (a), (b) and (c) of paragraph 1 of this article, and provided that the measures concerned can be take n without i nfringing the in violability of his pers on or of his reside nee.4. The immu nity of a diplomatic age nt from the jurisdict ion of the State does not exempt him from the jurisdiction of the sending State.Article 321. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under article 37 may be waived by the sending State.2. Waiver must always be express.3. The in itiati on of proceed ings by a diplomatic age nt or by a pers on enjoying immunity from jurisdict ion un der article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly conn ected with the prin cipal claim.4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate waiver shall be n ecessary.Article 331. Subject to the provisi ons of Paragraph 3 of this article, a diplomatic age nt shall with respect to services rendered for the sending State 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 also apply to private servants who are in the sole employ of a diplomatic age nt, on con diti on:(a) That they are not n ati on als of or perma nen tly reside nt in the receivi ng State; and(b) That they are covered by the social security provisi ons which may be in force in the sending State or a third State.3. A diplomatic age nt who employs pers ons to whom the exempti on 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.5. The provisions of this article shall not affect bilateral or multilateral agreements concerning social security con cluded previously and shall not preve nt the con clusi on of such agreeme nts in the future.Art icle 34A diplomatic age nt shall be exempt from all dues and taxes, pers onal or real, n ati on al, regional or mun icipal except:(a) In direct taxes of a kind which are no rmally in corporated in the price of goods or services;(b) Dues and taxes on private immovable property situated in the territory of the receivi ng State, uni ess he holds it on behalf of the sending State for the purposes of the missi on;(c) Estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of article 39;(d) Dues and taxes on private in come hav ing its source in the receivi ng State and capital taxes on in vestme nts made in commercial un dertak ings in the receivi ng State;(e) Charges levied for specific services ren dered;(f) Registrati on, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisi ons of article 23.Article 35The receiving State shall exempt