|
Vienna
Convention on Diplomatic Relations
and
Optional Protocols
Done at Vienna, on 18 April 1961
The States Parties to the present
Convention,
Recalling that peoples of all
nations from ancient times have recognized the status of
diplomatic agents,
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,
Believing that an international
convention on diplomatic intercourse, privileges and
immunities would 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 the functions
of diplomatic missions as representing States,
Affirming that the rules of
customary international law should continue to govern
questions not expressly regulated by the provisions of
the present Convention,
Have agreed as follows:
Article 1
For the purpose of the present
Convention, the following expressions shall have the
meanings hereunder assigned to them:
(a) the
"head of the mission" is the person charged by the
sending State with the duty of acting in that
capacity; (b) the "members of the mission"
are the head of the mission and the members of the staff
of the mission; (c) the "members
of the staff of the mission" are the members of the
diplomatic staff, of the administrative and technical
staff and of the service staff of the mission; (d) the "members of the diplomatic
staff" are the members of the staff of the mission
having diplomatic rank; (e) a "diplomatic agent" is the
head of the mission or a member of the diplomatic staff
of the mission; (f) the "members
of the administrative and technical staff" are the
members of the staff of the mission 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 mission in
the domestic service of the mission; (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
mission" are the buildings or parts of buildings and the
land ancillary thereto, irrespective of ownership, used
for the purposes of the mission including the residence
of the head of the mission.
Article 2
The
establishment of diplomatic relations between States,
and of permanent diplomatic missions, takes place by
mutual consent.
Article 3
1. The
functions of a diplomatic mission consist inter alia
in:
(a)
representing the sending State in the receiving
State; (b) protecting in the
receiving State the interests of the sending State and
of its nationals, within the limits permitted by
international law; (c)
negotiating with the Government of the receiving
State; (d) ascertaining by all
lawful means conditions and developments in the
receiving State, and reporting thereon to the Government
of the sending State; (e)
promoting friendly relations between the sending State
and the receiving State, and developing their economic,
cultural and scientific relations.
2. Nothing
in the present Convention shall be construed as
preventing the performance of consular functions by a
diplomatic mission.
Article 4
1. 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 mission to that
State.
2. The receiving State is not
obliged to give reasons to the sending State for a
refusal of agreement.
Article 5
1. The
sending State may, after it has given due notification
to the receiving States concerned, accredit a head of
mission or assign any member of the diplomatic staff, as
the case may be, to more than one State, unless there is
express objection by any of the receiving 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 charge d'affaires ad interim in each State
where the head of mission has not his permanent seat. 3. A head of mission or any member
of the diplomatic staff of the mission may act as
representative of the sending State to any international
organization.
Article 6
Two or
more States may accredit the same person as head of
mission toanother State, unless objection is offered by
the receiving State.
Article 7
Subject to
the provisions of Articles 5, 8, 9 and 11, the sending
State may freely appoint the members of the staff of the
mission. In the case of military, naval or air attaches,
the receiving State may require theirnames to be
submitted beforehand, for its approval.
Article 8
1. 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 mission may not be
appointed from among persons having the nationality of
the receiving State, except with the 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 9
1. 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 mission 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 within a reasonable
period to carry out its obligations under paragraph 1 of
this Article, the receiving State may refuse to
recognize the person concerned as a member of the
mission.
Article 10
1. The
Ministry for Foreign Affairs of the receiving State, or
such other ministry as may be agreed, shall be notified
of:
(a)
the appointment of members of the mission, their arrival
and their final departure or the termination of their
functions with the mission; (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 person becomes or ceases to
be a member of the family of a member of the mission; (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 leaving the employ
of such persons; (d) the
engagement and discharge of persons resident in the
receiving State as members of the mission or private
servants entitled to privileges and immunities.
2. Where
possible, prior notification of arrival and final
departure shall also be given.
Article 11
1. In the
absence of specific agreement as to the size of the
mission, the receiving State may require that the size
of a mission be kept within limits considered by it to
be reasonable and normal, having regard to circumstances
and conditions in the receiving State and to the needs
of the particular mission.
2. The receiving State may equally,
within similar bounds and on a nondiscriminatory basis,
refuse to accept officials of a particular category.
Article 12
The
sending State may not, without the prior express consent
of the receiving State, establish offices forming part
of the mission in localities other than those in which
the mission itself is established.
Article 13
1. The
head of the mission is considered as having taken up his
functions in the receiving State either when 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 willbe determined
by the date and time of the arrival of the head of the
mission.
Article 14
1. Heads
of mission are divided into three classes, namely:
(a) that
of ambassadors or nuncios accredited to Heads of State,
and other heads of mission of equivalent rank; (b) that of envoys, ministers and
internuncios accredited to Heads of State; (c) that of charges d'affaires
accredited to Ministers for Foreign Affairs.
2. Except
as concerns precedence and etiquette, there shall be no
differentiation between heads of mission by reason of
their class.
Article 15
The class
to which the heads of their missions are to be assigned
shall be agreed between States.
Article 16
1. Heads
of mission shall take precedence in their respective
classes in the order of the date and time of taking up
their functions in accordance with Article 13.
2.
Alterations in the credentials of a head of mission not
involving any change of class shall not affect his
precedence.
3. This article is without
prejudice to any practice accepted by the receiving
State regarding the precedence of the representative of
the Holy Sea.
Article 17
The
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 18
The
procedure to be observed in each State for the reception
of heads of mission shall be uniform in respect of each
class.
Article 19
1. If the
post of head of the mission is vacant, or if the head of
the mission is unable to perform his functions, a charge
d'affaires ad interim shall act provisionally as head of
the mission. The name of the charge d'affaires 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 ministry 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 designatedby the
sending State to be in charge of the current
administrative affairs of the mission.
Article 20
The
mission and its head shall have the right to use the
flag and emblem of the sending State on the premises of
the mission, including the residence of the head of the
mission, and on his means of transport.
Article 21
1. 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 necessary,
assist missions in obtaining suitable accommodation for
their members.
Article 22
1. 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 mission.
2. The
receiving State is under a special duty to take all
appropriate steps to protect the premises of the mission
against any intrusion or damage and to prevent any
disturbance of the peace of the mission or impairment of
its dignity.
3. The premises of the mission,
their furnishings and other propertythereon and the
means of transport of the mission shall be immune from
search, requisition, attachment or execution.
Article 23
1. The
sending State and the head of the mission shall be
exempt from allnational, regional or municipal dues and
taxes in respect of the premises of the mission, whether
owned or leased, other than such as represent payment
for specific services rendered.
2. The
exemption from taxation referred to in this Article
shall not apply to such dues and taxes payable under the
law of the receiving State by persons contracting with
the sending State or the head of the mission.
Article 24
The
archives and documents of the mission shall be
inviolable at any time and wherever they may be.
Article 25
The
receiving State shall accord full facilities for the
performance of the functions of the mission.
Article 26
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 to all
members of the mission freedom of movement and travel in
its territory.
Article 27
1. The
receiving State shall permit and protect free
communication on the part of the mission for all
official purposes. In communicating with the Government
and the other missions and consulates of the sending
State, wherever situated, the mission may employ all
appropriate means, including diplomatic couriers and
messages in code or cipher. However, the mission may
install and use a wireless transmitter only with the
consent of the receiving State.
2. The
official correspondence of the mission shall be
inviolable. Official correspondence means all
correspondence relating to the mission and its
functions.
3. The diplomatic bag shall not be
opened or detained.
4. The packages constituting the
diplomatic bag must bear visible external marks of their
character and may contain only diplomatic documents or
articles intended for official use.
5. The
diplomatic courier, who shall be provided with an
official document indicating his status and the number
of packages constituting the diplomatic bag, shall be
protected by the receiving State in the performance of
his functions. He shall enjoy personal inviolability and
shall not be liable to any form of arrest or
detention.
6. The sending State or the mission
may designate diplomatic couriers adhoc. 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 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 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
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 28
The fees
and charges levied by the mission in the course of its
official duties shall be exempt from all dues and
taxes.
Article 29
The person
of a diplomatic agent shall be inviolable. He shall not
be liable to any form of arrest or detention. The
receiving State shall treat him with due respect and
shall take all appropriate steps to prevent any attack
on his person, freedom or dignity.
Article 30
1. The
private residence of a diplomatic agent shall enjoy the
same inviolability and protection as the premises of the
mission.
2. His papers, correspondence and,
except as provided in paragraph 3 of Article 31, his
property, shall likewise enjoy inviolability.
Article 31
1. A
diplomatic agent shall enjoy immunity from the criminal
jurisdiction of the receiving State. He shall also enjoy
immunity from its civil and administrative jurisdiction,
except in the case of:
(a) a real action relating to
private immovable property situated in the territory of
the receiving State, unless he holds it on behalf of the
sending State for the purposes of the mission; (b) an action relating to
succession in which the diplomatic agent is involved as
executor, administrator, heir or legatee as a private
person and not on behalf of the sending State; (c) an action relating to any
professional or commercial activity exercised by the
diplomatic agent in the receiving State outside his
official functions.
2. A diplomatic agent is not
obliged to give evidence as a witness.
3. No
measures of execution may be taken in respect of a
diplomatic agent except in the cases coming under
sub-paragraphs (a), (b) and (c) of paragraph 1 of this
Article, and provided that the measures concerned can be
taken without infringing the inviolability of his person
or of his residence.
4. The immunity of a diplomatic
agent from the jurisdiction of the receiving State does
not exempt him from the jurisdiction of the sending
State.
Article 32
1. 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 initiation of proceedings by
a diplomatic agent or by a person enjoying immunity from
jurisdiction under Article 37 shall preclude him from
invoking immunity from jurisdiction in respect of any
counter-claim directly connected with the principal
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 judgment,
for which a separate waiver shall be necessary.
Article 33
1. Subject
to the provisions of paragraph 3 of this Article, a
diplomatic agent 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
agent, 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 may be in force in the
sending State or a third State.
3. A
diplomatic agent who employs 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.
5. The provisions of this Article
shall not affect bilateral or multilateral agreements
concerning social security concluded previously and
shall not prevent the conclusion of such agreements in
the future.
Article 34
A
diplomatic agent 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 and taxes on
private immovable property situated in the territory of
the receiving State, unless he holds it on behalf of the
sending State for the purposes of the mission; (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 income having its source in the receiving State
and capital taxes on investments made in commercial
undertakings in the receiving State; (e) charges levied for specific
services rendered; (f)
registration, court or record fees, mortgage dues and
stamp duty, with respect to immovable property, subject
to the provisions of Article 23.
Article 35
The
receiving State shall exempt diplomatic agents from all
personalservices, from all public service of any kind
whatsoever, and from military obligations such as those
connected with requisitioning, military contributions
and billeting.
Article 36
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 mission; (b) articles for
the personal use of a diplomatic agent or members of his
family forming part of his household, including articles
intended for his establishment.
2. The
personal baggage of a diplomatic agent shall be exempt
from inspection, unless there are serious grounds for
presuming that it contains articles not covered by the
exemptions mentioned in paragraph 1 of this Article, or
articles the import or export of which is prohibited by
the law or controlled by the quarantine regulations of
the receiving State. Such inspection shall be conducted
only in the presence of the diplomatic agent or of his
authorized representative.
Article 37
1. The
members of the family of a diplomatic agent forming part
of his household shall, if they are not nationals of the
receiving State, enjoy the privileges and immunities
specified in Articles 29 to 36.
2. Members
of the administrative and technical staff of the
mission, together with members of their families forming
part of their respective households, shall, if they are
not nationals of or permanently resident in the
receiving State, enjoy the privileges and immunities
specified in Articles 29 to 35, except that the immunity
from civil and administrative jurisdiction of the
receiving State specified in paragraph 1 of Article 31
shall not extend to acts performed outside the course of
their duties. They shall also enjoy the privileges
specified in Article 36, paragraph 1, in respect of
articles imported at the time of first installation.
3. Members
of the service staff of the mission who are not
nationals of or permanently resident in the receiving
State shall enjoy immunity in respect of acts performed
in the course of their duties, exemption from dues and
taxes on the emoluments they receive by reason of their
employment and the exemption contained in Article 33.
4. Private
servants of members of the mission shall, if they are
not nationals of or permanently resident in the
receiving State, be exempt from dues and taxes on the
emoluments they receive by reason of their employment.
In other respects, they may enjoy privileges and
immunities only to the extent admitted by the receiving
State. However, the receiving State must exercise its
jurisdiction over those persons in such a manner as not
to interfere unduly with the performance of the
functions of the mission.
Article 38
1. Except
insofar as additional privileges and immunities may be
granted by the receiving State, a diplomatic agent who
is a national of or permanently resident in that State
shall enjoy only immunity from jurisdiction,
andinviolability, in respect of official acts performed
in the exercise of his functions.
2. Other
members of the staff of the mission and private servants
who are nationals of or permanently resident in the
receiving State shall enjoyprivileges and immunities
only to the extent admitted by the receiving State.
However, the receiving State must exercise its
jurisdiction over those persons in such a manner as not
to interfere unduly with the performance of the
functions of the mission.
Article 39
1. Every
person entitled to privileges and immunities shall enjoy
them 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 his
appointment is notified to the Ministry for Foreign
Affairs or such other ministry as may be agreed.
2. When
the functions of a person enjoying privileges and
immunities have come to an end, such privileges and
immunities shall normally cease at the moment when he
leaves the country, or on expiry of a reasonable period
in which to do so, but shall subsist until that time,
even in case of armed conflict. However, with respect to
acts performed by such a person in the exercise of his
functions as a member of the mission, immunity shall
continue to subsist.
3. In case of the death of a member
of the mission, the members of his family shall continue
to enjoy the privileges and immunities to which they are
entitled until the expiry of a reasonable period in
which to leave the country.
4. In the event of the death of a
member of the mission not a national of or permanently
resident in the receiving State or a member of his
family forming part of his household, the receiving
State shall permit the withdrawal of the movable
property of the deceased, with the exception of any
property acquired in the country the export of which was
prohibited at the time of his death. Estate, succession
and inheritance duties shall not be levied on movable
property the presence of which in the receiving State
was due solely to the presence there of the deceased as
a member of the mission or as a member of the family of
a member of the mission.
Article 40
1. If a
diplomatic agent passes through or is in the territory
of a third State, which has granted him a passport visa
if such visa was necessary, while proceeding to take up
or to return to his post, or when returning to his own
country, the third State shall accord him inviolability
and such other immunities as may be required to ensure
his transit or return. The same shall apply in the case
of any members of his family enjoying privileges or
immunities who are accompanying the diplomatic agent, or
travelling separately to join him or to return to their
country.
2. In circumstances similar to
those specified in paragraph 1 of this Article, third
States shall not hinder the passage of members of the
administrative and technical or service staff of a
mission, and of members of their families, through their
territories.
3. Third States shall accord to
official correspondence and other official
communications in transit, including messages in code or
cipher, the same freedom and protection as is accorded
by the receiving State. They shall accord to diplomatic
couriers, who have been granted a passport visa if such
visa was necessary, and diplomatic bags in transit the
same inviolability and protection as the receiving State
is bound to accord.
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
diplomatic bags, whose presence in the territory of the
third State is due to force majeure.
Article 41
1. Without
prejudice to their privileges and immunities, it is the
duty of all persons enjoying such privileges and
immunities to respect the laws and regulations of the
receiving State. They also have a duty not to interfere
in the internal affairs of that State.
2. All
official business with the receiving State entrusted to
the mission by the sending State shall be conducted with
or through the Ministry for Foreign Affairs of the
receiving State or such other ministry as may be
agreed.
3. The premises of the mission must
not be used in any manner incompatible with the
functions of the mission as laid down in the present
Convention or by other rules of general international
law or by any special agreements in force between the
sending and the receiving State.
Article 42
A
diplomatic agent shall not in the receiving State
practise for personal profit any professional or
commercial activity.
Article 43
The
function of a diplomatic agent comes to an end, inter
alia:
(a) on notification by the sending
State to the receiving State that the function of the
diplomatic agent has come to an end; (b) on notification by the
receiving State to the sending State that, in accordance
with paragraph 2 of Article 9, it refuses to recognize
the diplomatic agent as a member of the mission.
Article 44
The
receiving State must, even in case of armed conflict,
grant facilities in order to enable persons enjoying
privileges and immunities, other than nationals of the
receiving State, and members of the families of such
persons irrespective of their nationality, to leave at
the earliest possible moment. It must, in particular, in
case of need, place at their disposal the necessary
means of transport for themselves and their
property.
Article 45
If
diplomatic relations are broken off between two States,
or if a mission is permanently or temporarily
recalled:
(a) the receiving State must, even
in case of armed conflict, respect and protect the
premises of the mission, together with its property and
archives; (b) the sending State
may entrust the custody of the premises of the mission,
together with its property and 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.
Article 46
A sending
State may with the prior consent of a receiving State,
and at the request of a third State not represented in
the receiving State, undertake the temporary protection
of the interests of the third State and of
itsnationals.
Article 47
1. In the
application of the provisions of the present Convention,
thereceiving 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 mission
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 48
The
present Convention shall be open for signature by all
States Members ofthe 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 1961 at the Federal Ministry for Foreign Affairs
of Austria and subsequently, until 31 March 1962, at the
United Nations Headquarters in New York.
Article 49
The
present Convention is subject to ratification. The
instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
Article 50
The
present Convention shall remain open for accession by
any State belonging to any of the four categories
mentioned in Article 48. The instruments of accession
shall be deposited with the Secretary-General of the
United Nations.
Article 51
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 52
The
Secretary-General of the United Nations shall inform all
States belonging to any of the four categories mentioned
in Article 48:
(a) of signatures to the present
Convention and of the deposit of instruments of
ratification or accession, in accordance with Articles
48, 49 and 50; (b) of the date
on which the present Convention will enter into force,
in accordance with Article 51.
Article 53
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 48.
IN WITNESS
WHEREOF the undersigned Plenipotentiaries, being duly
authorizedthereto by their respective Governments, have
signed the present Convention.
DONE at
Vienna, this eighteenth day of April one thousand nine
hundred and sixty-one.
OPTIONAL PROTOCOL TO THE VIENNA
CONVENTION ON DIPLOMATIC RELATIONS, CONCERNING ACQUISITION OF
NATIONALITY.
DONE AT VIENNA, ON 18 APRIL
1961
The States Parties to the present
Protocol and to the Vienna Convention on Diplomatic
Relations, hereinafter referred to as "the Convention",
adopted by the United Nations Conference held at Vienna
from 2 March to 14 April 1961,
Expressing
their wish to establish rules between them concerning
acquisition of nationality by the members of their
diplomatic missions and of the families forming part of
the household of those members,
Have
agreed as follows:
Article I
For the
purpose of the present Protocol, the expression "
members of themission " shall have the meaning assigned
to it in Article 1, sub-paragraph (b), of the
Convention, namely " the head of the mission and the
members of the staff of the mission".
Article II
Members of
the mission not being nationals of the receiving State,
andmembers of their families forming part of their
household, 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 1961 at the Federal Ministry
for Foreign Affairs of Austria and subsequently, until
31 March 1962, 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
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 whichmay 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
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 eighteenth day
of April one thousand nine hundred and sixty-one.
OPTIONAL PROTOCOL TO THE VIENNA
CONVENTION ON DIPLOMATIC RELATIONS, CONCERNING THE COMPULSORY
SETTLEMENT OF DISPUTES.
DONE AT VIENNA, ON 18 APRIL
1961
The States Parties to the present
Protocol and to the Vienna Convention on Diplomatic
Relations, hereinafter referred to as "the Convention",
adopted by the United Nations Conference held at Vienna
from 2 March to 14 April 1961,
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 theparties 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
|