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Chapter III. Privileges and Immunities, Diplomatic and Consular Relations

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Chapter III. Privileges and Immunities, Diplomatic and Consular Relations 1 111 11111 0 0 DOCUMENDOCUMENTT INFORMATIOINFORMATIONN FILEFILE NAMENAME :: ChCh_III_ III 33 VOLUMVOLUMEE :: VOL-1VOL-1 CHAPTECHAPTERR :: ChapterChapter III.III .Privileges Privileges andand Immunities,Immunities, DiplomaticDiplomatic andand ConsularConsular Relations,Relations, etcetc.. TITLTITLEE :: 3.3. ViennaVienna ConventionConvention onon DiplomaticDiplomatic Relations.Relations. Vienna,Vienna 1188 ApriAprill 19619611 VIENNA CONVENTION ON DIPLOMATIC RELATIONS CONVENTION DE VIENNE SUR LES RELATIONS DIPLOMATIQUES 0. -t, *Pk3 f-- 5t NA f* /- *t BEHCKAH KOHBEHLUN 0 41411J10MATITIECKI4X CHOIIIEHWHX CONVENCION DE VIENA SOBRE RELACIONES DIPLOMATICAS UNITEUNITEDD NATIONSNATIONS CONFERENCECONFERENCE OONN DIPLOMATICDIPLOMATIC INTERCOURSEINTERCOURSE ANDAND IMMUNITIESIMMUNITIES VIENNVIENNAA CONVENTIONCONVENTION OONN DIPLOMATIDIPLOMATICC RELATIONSRELATIONS UNITED NATIONSNATIONS 1961 VIENNAVIENNA CONVENTIONCONVENTION ONON DIPLOMATICDIPLOMATIC RELATIONSRELATIONS TheThe StatesStates PartiesParties toto thethe presentpresent Convention,Convention, RecallinRecallingg thatthat peoplespeoples ofof allall nationsnations fromfrom ancientanoient timestimes havehave recognizerecognizedd thethe statusstatus ofof diplomaticdiplomatic agents,agenta, HavinHavingg inin minmindd thethe purposepurposess andand principlesprinciples ofof thethe CharterCharter ofof thethe UniteUnitedd NationsNations concerningconcerning thethe sovereignsovereign equalityequality ofof States,States, thethe maintenancemaintenance ofof internationalinternational peacepeace andand security,security, andand thethe promotionpromotion ofof friendlfriendlyy relationsrelations amongamong nations,nations, BelievingBelieving , thatthat anan internationalinternational conventionconvention onon diplomatiodiplomatic intercourse,intercourse, privilegeprivilegess andand immunitiesimmunities wouldwould contributecontribute toto thethe developmentdevelopment ofof friendlyfriendly relationrelationss amongamong nations,nations, irrespectiveirrespective ofof theirtheir differingdiffering constitutionalconstitutional anandd socialsocial systems,systems, RealizinRealizingg thatthat thethe purposepurpose ofof suchsuch privilegesprivileges andand immunitiesimmunities isis notnot toto benefibenefitt individualsindividuals buthut toto ensureensure thethe efficientefficient performanceperformance ofof thethe functionsfunctions ofof diplomaticdiplomatic missionsmissions asas representingrepresenting States,States, AffirminAffirming,g thatthat thethe rulesrules ofof customarycustomary internationalinternational lawlaw shouldshould continucontinuee toto governgovern questionsquestions notnot expresslyexpressly regulatedregulated byby thethe provisionsprovisions ofof thethe presentpresent Convention,Convention, RaveHave agreedagreed asas follows:followss ArticlArticlee 11 FoForr thethe purpospurposee ofof thethe presentpresent Convention,Convention, thethe followingfollowing expressionsexpressions shalshalll havhavee thethe meaningsmeanings hereunderhereunder assignedassigned toto them:thems (a(1)) thethe "head"head ofof thethe mission"mission" isis thethe personperson chargedcharged byby thethe sendingsending StateState witwithh thethe dutyduty ofof actingacting inin thatthat capacity;capacity; (b()) the th e"members "member sof o fthe th emission" mission "are ar ethe the head head ofof thethe missionmission andand thethe membermemberss ofof thethe staffstaff ofof thethe mission;mission; - 11 - (о,() )the th e"members "member sof o fthe th estaff staf fof o fthe th emission" mission1 1 areare thethe membersmembers ofof thethe diplomatiodiplomatic staff,staff, ofof thethe administrativeadministrative andand technicaltechnical staffstaff andand ofof ththee serviceservice staffstaff ofof thethe mission;mission; (¿(1)) thethe "members"members ofof thethe diplomaticdiplomatic staff"staff" areare thethe membersmembers ofof thethe staffstaff ooff ththee missiomissionn havinghaving diplomaticdiplomatic rank;rank; (•(t)) aa "diplomatic"diplomatic agent"agent" isis thethe headhead ofof thethe missionmission oror aà membermember ofof thethe diplomatiCdiplomatie staffstaff ofof thethe mission;mission; () theth e"members "member sof o fthe th eadministrative administrativ eand and technical technical staff" staff* areare thethe membersmembers ofof ththee staffstaff ooff thethe missiomissionn employedemployed inin thethe administrativeadministrative anandd technicaltechnical serviceservice ofof thethe mission;mission; (i)(g) thethe "members"members ofof thethe serviceservice staff"staff" areare thethe membersmembers ofof thethe staffstaff ofof ththee missiomissionn inin thethe domesticdomestic serviceservice ofof thethe mission;mission; (h(11)) a "private"private servant"servant" isis a personperson whowho isis inin thethe domesticdomestic serviceservice ofof a membermember ofof thethe missionmission andand whwhoo isis nonott anan employeemployeee ofof thethe sendingsending StateState;; (¿()) the th e"premises "premise sof o fthe th emission" mission "are ar ethe th ebuildings buildings oror parts parts ofof ' buildingbuildingss andand thethe landland ancillaryancillary thereto,thereto ,irrespective irrespectiv eof o foiiiership, ownership, useusedd forfor thethe purposespurposes ooff ththee missiomissionn includinincludingg ththee residenceresidenceof' of thethe heaheadd ofof thethe mission.mission. ArticlArticlee 2 ThThee establishmentestablishment ofof diplomaticdiplomatic relationsrelations betweenbetween States,States, andand ofof permanenpermanentt diplomaticdiplomatic missions,missions, takestakes placeplace byby mutualmutual consent.consent. ArticlArticlee 33, 1.1. TheThe functionsfunctions ofof aa diplomaticdiplomatic missionmission consistconsist interinter aliaalia insins () representingrepresentin gthe th esending sendin gState Stat ein i nthe th ereceiving receiving State;State; - 2 - proteotingprotecting inin thethe receivingreceiving StateState thethe interestsinterests ofof thethe sendingsending • :State/State anandd ofof itsits nationals,nationals, withinwithin thethe limitslimits permittedpermitted byby internationainternationall law;law; (0). negotiatinnegotiatingg withwith thethe GovernmentGovernment ofof thethe receivingreceiving State; State; (¿(A)) ascertaininascertainingg byby allall lawfullawful meanmeanss oonditionaconditions andand developmentsdevelopments inin ' thethe receivingreceiving State,State, andand reportingreporting thereonthereon toto thethe GovernmentGovernment ofof thethe sendingsending State;State; (•(2)) promotingpromoting friendlyfriendly relationsrelations betweenbetween the-sendingthe sending StateState andand thethe • receivinreceiving,Stats,g State, andand developingdeveloping theirtheir economic,economic, culturalcultural andand scientifiscientificc relations.relations* 22.. NothingNothing in in the the presentpresent ConventionConvention shallshall bebe construedconstrued asas preventinpreventingg thethe performanceperformance ofof consularconsular functionsfunctions byby aa diplomaticdiplomatic mission.mission. ArticleArticle 4 11.* TheThe sendingsending StateState mustmust makemake certaincertain thatthat thethe agr‘mentagrément ofof thethe receivinreceivingg StateState hashas beenbeen givengiven forfor thethe personperson itit proposesproposes toto accreditaccredit aass heaheadd ofof thethe missionmission toto thatthat State.State. 2.2. TheThe receivingreceiving StateState isis nonott obligedobliged toto givegive reasonsreasons toto thethe sendinsendingg StateState forfor aa refusalrefusal ofof agriment.agrément. ArticleArticle 5,5 11.. TheThe sendingsending StateState may,may» afterafter itit hashas givengiven duedue notificationnotification toto ththee receivinreceivingg StatesStates concernedconcerned,, accrediaccreditt a headhead ofof missiomissionn oror assignaaeign anany/ •embememberr ofof ththee diplomatidiplomaticc staffstaff,, asas thethe casecase mamayy be,be, toto mormoree thanthan oneone StatsState,, unlesunlesss therethere isis expressexpress objectionobjection byby anyany ofof thethe receivinreceivingg States.States. 2.2. IfIf thethe sendingsending StateState aooreditsaccredits a headhead ofof missionmission toto oneone oror moremoro otheotherr StatesStates itit mamayy establishestablish a diplomatidiplomaticc missiomissionn headeheadedd bbyy a ohargi,charge d'affairesd'affaires adad interiminterim inin eacheach StateState wherewhere thethe headhead ofof missionmission hashas notnot hihiss permanentpermanent seat.seat. - 3 - 33.* AA headhead ofof missionmission oror anyany membermember ofof thethe diplomaticdiplomati cstaff staff ofof thethe missionmission maymay actaot asas representativerepresentative ofof thethe sendingsending StateState toto ananyy internationainternationall organization.organization. ArticlArticlee 6 TwTwoo oror mormoree StatesStates mamayy accreditaccredit thethe samesame personperson asas headhead ofof missionmission toto anotheranother State,State, unlessunless objectionobjection isis offeredoffered byby thethe receivingreceiving State.State. ArticleArticle 7 SubjecSubjectt toto thethe provisionprovisionss ofof ArticlesArticles 5,5» 88,» 9 andand 11,11» ththee sendingsending StateState mamayy freelfreelyy appoinappointt ththee membermemberss ooff ththee stafstafff ooff ththee missionmission.. InIn thethe cascasee ofof military,military» navalnaval oror airair attaches,attaches, thethe receivingreceiving StateState maymay requirerequire theirtheir namenamess toto bebe submittedsubmitted beforehand,beforehand, forfor
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