Vienna Convention on
Consular Relations
and Optional
Protocols
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 whichwas 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
1
CONSULAR
RELATIONS IN GENERAL
Section
1
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.
END OF CONSULAR
FUNCTIONS
Section II
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,