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Fiji Legislation |
LAWS OF FIJI
CHAPTER 9
CONSULAR PRIVILEGES AND IMMUNITIES
Act No. 31 of 1972
AN ACT
TO AMEND THE LAW RELATING TO CONSULAR PRIVILEGES AND IMMUNITIES AND TO GIVE
EFFECT TO THE VIENNA CONVENTION ON CONSULAR RELATIONS
[22nd December, 1972]
Short title
1.
This Act may be cited as the Consular Privileges and Immunities
Act.
Interpretation
2.
In this Act unless the context otherwise requires-
"Article" means an Article of the Convention;
"Convention" means the Vienna Convention on Consular Relations signed in 1963 a copy of which is set out in the First Schedule.
Application of Vienna Convention
3.-(1)
Subject to the provisions of this and section 4, the provisions referred to in
the Second Schedule (being Articles or parts of
Articles of the Convention)
shall have the force of law in Fiji and shall for that purpose be construed in
accordance with the succeeding
subsections of this
section.
(2) The references in
Article 44 to matters connected with the exercise of the functions of members of
a consular post shall be construed
as references to matters connected with the
exercise of consular functions by consular officers or consular
employees.
(3) For the purposes of
Article 45 and that Article as applied by Article 58 a waiver shall be deemed to
have been expressed by a
State if it has been expressed by the head, or any
person for the time being performing the functions of head, of the diplomatic
mission of that State or, if there is no such mission, of the consular post
concerned.
(4) Article 48 shall
not affect any agreement made between or on behalf of Fiji and any other State
before the commencement of this
Act and shall not be taken to prevent the making
of any such agreement after the commencement of this
Act.
(5) Articles 50, 51, 52, 54,
62 and 67 shall be construed as granting any privilege or immunity which they
require to be granted.
(6) The
reference in Article 57 to the privileges and immunities provided in Chapter II
shall be construed as referring to those provided
in Section II of that Chapter
of the Convention.
(7) The
reference in Article 70 to the rules of international law concerning diplomatic
relations shall be construed as a reference
to the provisions of the Diplomatic
Privileges and Immunities
Act.
(Cap.
8)
(8) The references in Article
71 to additional privileges and immunities that may be granted by the receiving
State or to privileges
and immunities so far as these are granted by the
receiving State shall be construed as referring to such privileges and
immunities
as may be specified by the Minister by order.
Restriction of privileges and immunities
4.
If it appears to the Minister that the privileges and immunities accorded to a
consular post of Fiji in a territory of any State,
or to persons connected with
such a consular post, are less than those conferred by this Act on a consular
post of that State or
on persons connected with such a consular post, the
Minister may by order withdraw such of the privileges and immunities so
conferred
from all or any of the consular posts of that State or from such
persons connected therewith as appears to him to be proper.
Additional or reduced privileges and immunities
5.-(1)
Where any agreement made, whether before or after the commencement of this Act,
between or on behalf of Fiji and any other State
provides for according to
consular posts and persons connected with them privileges and immunities not
accorded to them by the other
provisions of this Act, the Minister may by order
give effect to that agreement.
(2)
Where any agreement made, whether before or after the commencement of this Act,
between or on behalf of Fiji and any other State
provides for according to
consular posts and persons connected with them some but not all of the
privileges and immunities accorded
to them by the other provisions of this Act,
the Minister may by order provide for the exclusion, with respect to consular
posts
of that State and persons connected with them, of any of those privileges
and immunities which are not provided for by the agreement.
Service on board ship or aircraft
6.
The Minister may by order make provision for excluding or limiting the
jurisdiction of any court in Fiji to entertain proceedings
relating to the
remuneration or any contract of service of the master or commander or a member
of the crew of any ship or aircraft
belonging to a State specified in the order,
except where a consular officer of that State has been notified of the intention
to
invoke the jurisdiction of that court and has not objected within such time
as may be specified by or under the order.
Detention on board ship for disciplinary offences
7.
The Minister may by order designate any State for the purposes of this section;
and where a State is so designated, a member of the
crew of a ship belonging to
that State who is detained in custody on board for a disciplinary offence shall
not be deemed to be unlawfully
detained unless-
(a) his detention is unlawful under the laws of that State or the conditions of detention are inhumane or unjustifiably severe; or
(b) there is reasonable cause for believing that his life or liberty will be endangered for reasons of race, nationality, political opinion or religion, in any country to which the ship is likely to go.
Nationality of children of consular officers etc.
8.-(1)
A person born within Fiji at any time after the coming into operation of this
Act shall not be a citizen of Fiji by birth if
he is the child of a person who,
at that time-
(a) was serving within Fiji as a member of a consular post of any State; and
(b) was a national of that State; unless he is the child of a father who at that time was a citizen of Fiji.
(2)
In this section "member of a consular post" has the same meaning as, by virtue
of Article I it has in the First Schedule except
that it does not include an
honorary consular officer, nor, where a consular post of any State is headed by
an honorary consular
officer, any member of the post who is not in the full-time
service of that State.
Refund of customs duty on hydrocarbon oils
9.-(1)
The Minister may authorise the Minister responsible for finance to make, if he
or they think fit, arrangements for securing the
refund of customs duty paid on
any hydrocarbon oils which are-
(a) bought in Fiji; and
(b) used for such purpose that, had they been imported for that use, exemption from customs duty thereon would have been required to be granted by virtue of Article 50 or by virtue of an order under subsection (1) of section 5.
(2)
Any arrangements made under this section may impose conditions subject to which
any refund is to be made.
Priority of telecommunications
10.
Nothing in any written law shall prevent the giving of priority to messages from
consular officers and replies thereto so far as
may be necessary for the purpose
of giving effect to any agreement made, whether before or after the commencement
of this Act, between
or on behalf of Fiji and any other State.
Oaths and notarial acts
11.-(1)
A consular officer of any State may, if authorised to do so under the laws of
that State, administer oaths, take affidavits and
do notarial
acts-
(a) required by a person for use in that State or under the laws thereof; or
(b) otherwise required by a national of that State but not for use in Fiji except under the laws of some other country.
(2)
The Minister may by order exclude or restrict the provisions of subsection (1)
in relation to the diplomatic agents or consular
officers of any State if it
appears to him that in any territory of that State diplomatic agents or consular
officers of Fiji are
not permitted to perform functions corresponding in nature
and extent to those authorised by that subsection.
Evidence
12.
If in any proceedings any question arises whether or not any person is entitled
to any privileges or immunities under this Act, a
certificate issued by or under
the authority of the Minister staling any fact relating to that question shall
be conclusive evidence
of that fact.
FIRST SCHEDULE
THE STATES PARTIES TO THE
PRESENT CONVENTION
RECALLING that
consular relations have been established between peoples since ancient
times,
HAVING IN MIND the Purposes
and Principles of the Charter of the United Nations concerning the sovereign
equality of States, the maintenance
of international peace and security, and the
promotion of friendly relations among
nations,
CONSIDERING that the
United Nations Conference on Diplomatic Intercourse and Immunities adopted the
Vienna Convention on Diplomatic
Relations which was opened for signature on 18th
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 privilege and immunities is not to benefit individuals but to
ensure the efficient performance
o£ 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 I
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
I
CONSULAR
RELATIONS IN GENERAL
SECTION
I
ESTABLISHMENT AND
CONDUCT OF CONSULAR RELATIONS
ARTICLE 2
Establishment
of Consular Relations
1. The
establishment of consular relations between States takes place by mutual
consent.
2. The consent given to
the establishment of diplomatic relations between two States implies, unless
otherwise stated, consent to
the establishment of consular
relations.
3. The severance of
diplomatic relations shall not ipso facto involve the severance of consular
relations.
ARTICLE 3
Exercise
of Consular Functions
Consular
functions are exercised by consular posts. They are also exercised by diplomatic
missions in accordance with the provisions
of the present
Convention.
ARTICLE 4
Establishment
of a Consular Post
1. A consular
post may be established in the territory of the receiving State only with that
State's consent,
2. The seat of
the consular post, its classification and the consular district shall be
established by the sending State and shall
be subject to the approval of the
receiving State.
3. Subsequent
changes in the seat of the consular post, its classification or the consular
district may be made by the sending State
only with the consent of the receiving
State.
4. The consent of the
receiving State shall also be required if a consulate-general or a consulate
desires to open a vice-consulate
or a consular agency in a locality other than
that in which it is itself
established.
5. The prior express
consent of the receiving State shall also be required for the opening of an
office forming part of an existing
consular post elsewhere than that 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 interest 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 extra-judicial 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 authorised 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 I 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 II 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 authorised 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 law 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 I of this Article,
the receiving State may, as the
case may be, either withdraw the exequatur from the person concerned or cease to
consider him as
a member of the consular
staff.
3. A person appointed as a
member of a consular post may be declared unacceptable before arriving in the
territory of the receiving
State or, if already in the receiving State, before
entering on his duties with the consular post. In any such case, the sending
State shall withdraw his
appointment.
4. In the cases
mentioned in paragraphs 1 and 3 of this Article, the receiving State is not
obliged to give to the sending State reasons
for its decision.
ARTICLE 24
Notification
to the Receiving State of Appointments, Arrivals and
Departures
1. The Ministry for
Foreign Affairs of the receiving State or the authority designated by that
Ministry shall be notified of-
(a) the appointment of members of a consular post, their arrival after appointment to the consular post, their final departure or the termination of their functions and any other changes affecting their status that may occur in the course of their service with the consular post;
(b) the arrival and final departure of a person belonging to the family of a member of a consular post forming part of his household and, where appropriate, the fact that a person becomes or ceases to be such a member of the family;
(c) the arrival and final departure of members of the private staff and, where appropriate, the termination of their service as such;
(d) the engagement and discharge of persons resident in the receiving State as members of a consular post or as members of the private staff entitled to privileges and immunities.
2.
When possible, prior notification of arrival and final departure shall also be
given.
SECTION
II
END OF CONSULAR
FUNCTIONS
ARTICLE 25
Termination
of the Functions of a Member of a Consular
Post
The functions of a member of
a consular post shall come to an end inter alia-
(a) on notification by the sending State to the receiving State that his functions have come to an end;
(b) on withdrawal of the exequatur;
(c) on notification by the receiving State to the sending State that the receiving State has ceased to consider him as a member of the consular staff.
ARTICLE 26
Departure
from the Territory of the Receiving
State
The receiving State shall,
even in case of armed conflict, grant to members of the consular post and
members of the private staff,
other than nationals of the receiving State, and
to members of their families forming part of their households irrespective of
nationality,
the necessary time and facilities to enable them to prepare their
departure and to leave at the earliest possible moment after the
termination of
the functions of the members concerned. In particular it shall, in case of need,
place at their disposal the necessary
means of transport for themselves and
their property other than property acquired in the receiving State the export of
which is prohibited
at the time of departure.
ARTICLE 27
Protection of Consular Premises and Archives and of the Interests of the Sending State in Exceptional Circumstances
1. In the event of the
severance of consular relations between two States-
(a) the receiving State shall, even in case of armed conflict, respect and protect the consular premises, together with the property of the consular post and the consular archives;
(b) the sending State may entrust the custody of the consular premises, together with the property contained therein and the consular archives, to a third State acceptable to the receiving State;
(c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.
2.
In the event of the temporary or permanent closure of a consular post, the
provisions of 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 I of this Article shall apply.
CHAPTER
II
FACILITIES,
PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS
AND OTHER MEMBERS OF A CONSULAR POST
SECTION
I
FACILITIES,
PRIVILEGES AND
IMMUNITIES
RELATING
TO A CONSULAR POST
ARTICLE 28
Facilities
for the Work of the Consular
Post
The receiving State shall
accord full facilities for the performance of the functions of the consular
post.
ARTICLE 29
Use of
National Flag and Coat-of-Arms
1.
The sending State shall have the right to the use of its national flag and
coat-of-arms in the receiving State in accordance with
the provisions of this
Article.
2. The national flag of
the sending State may be flown and its coat-of-arms displayed on the building
occupied by the consular post
and at the entrance door thereof, on the residence
of the head of the consular post and on his means of transport when used on
official
business.
3. In the
exercise of the right accorded by this Article regard shall be had to the laws,
regulations and usages of the receiving
State.
ARTICLE 30
Accommodation
1.
The receiving State shall either facilitate the acquisition on its territory, in
accordance with its laws and regulations, by the
sending State of premises
necessary for its consular post or assist the latter in obtaining accommodation
in some other way.
2. It shall
also, where necessary, assist the consular post in obtaining suitable
accommodation for its members.
ARTICLE 31
Inviolability
of the Consular Premises
1.
Consular premises shall be inviolable to the extent provided in this
Article.
2. The authorities of the
receiving State shall not enter that part of the consular premises which is used
exclusively for the purpose
of the work of the consular post except with the
consent of the head of the consular post or of his designee or of the head of
the
diplomatic mission of the sending State. The consent of the head of the
consular post may, however, be assumed in case of fire or
other disaster
requiring prompt protective
action.
3. Subject to the
provisions of paragraph 2 of this Article, the receiving State is under a
special duty to take all appropriate steps
to protect the consular premises
against any intrusion or damage and to prevent any disturbance of the peace of
the consular post
or impairment of its
dignity.
4. The consular premises,
their furnishings, the property of the consular post and its means of transport
shall be immune from any
form of requisition for purposes of national defence or
public utility. If expropriation is necessary for such purposes, all possible
steps shall be taken to avoid impeding the performance of consular functions,
and prompt, adequate and effective compensation shall
be paid to the sending
State.
ARTICLE 32
Exemption
from Taxation of Consular
Premises
1. Consular premises and
the residence of the career head of consular post of which the sending State or
any person acting on its
behalf is the owner or lessee shall be exempt from all
national, regional or municipal dues and taxes whatsoever, other than such
as
represent payment for specific services rendered.
ARTICLE 29
Use of
National Flag and Coat-of-Arms
1.
The sending State shall have the right to the use of its national flag and
coat-of-arms in the receiving State in accordance with
the provisions of this
Article.
2. The national flag of
the sending State may be flown and its coat-of-arms displayed on the building
occupied by the consular post
and at the entrance door thereof, on the residence
of the head of the consular post and on his means of transport when used on
official
business.
3. In the
exercise of the right accorded by this Article regard shall be had to the laws,
regulations and usages of the receiving
State.
ARTICLE 30
Accommodation
1.
The receiving State shall either facilitate the acquisition on its territory, in
accordance with its laws and regulations, by the
sending State of premises
necessary for its consular post or assist the latter in obtaining accommodation
in some other way.
2. It shall
also, where necessary, assist the consular post in obtaining suitable
accommodation for its members.
ARTICLE 31
Inviolability
of the Consular Premises
1.
Consular premises shall be inviolable to the extent provided in this
Article.
2. The authorities of the
receiving State shall not enter that part of the consular premises which is used
exclusively for the purpose
of the work of the consular post except with the
consent of the head of the consular post or of his designee or of the head of
the
diplomatic mission of the sending State. The consent of the head of the
consular post may, however, be assumed in case of fire or
other disaster
requiring prompt protective
action.
3. Subject to the
provisions of paragraph 2 of this Article, the receiving State is under a
special duty to take all appropriate steps
to protect the consular premises
against any intrusion or damage and to prevent any disturbance of the peace of
the consular post
or impairment of its
dignity.
4. The consular premises,
their furnishings, the property of the consular post and its means of transport
shall be immune from any
form of requisition for purposes of national defence or
public utility. If expropriation is necessary for such purposes, all possible
steps shall be taken to avoid impeding the performance of consular functions,
and prompt, adequate and effective compensation shall
be paid to the sending
State.
ARTICLE 32
Exemption
from Taxation of Consular
Premises
1. Consular premises and
the residence of the career head of consular post of which the sending State or
any person acting on its
behalf is the owner or lessee shall be exempt from all
national, regional or municipal dues and taxes whatsoever, other than such
as
represent payment for specific services
rendered.
2. The exemption from
taxation referred to in paragraph I of this Article shall not apply to such dues
and taxes if, under the law
of the receiving State, they are payable by the
person who contracted with the sending State or with the person acting on its
behalf.
ARTICLE 33
Inviolability
of the Consular Archives and
Documents
The consular archives
and documents shall be inviolable at all times and wherever they may
be.
ARTICLE 34
Freedom
of Movement
Subject to its laws
and regulations concerning zones entry into which is prohibited or regulated for
reasons of national security,
the receiving State shall ensure freedom of
movement and travel in its territory to all members of the consular
post.
ARTICLE 35
Freedom
of Communication
1. The receiving
State shall permit and protect freedom of communication on the part of the
consular post for all official purposes.
In communicating with the Government,
the diplomatic missions and other consular posts, wherever situated, of the
sending State,
the consular post may employ all appropriate means, including
diplomatic or consular couriers, diplomatic or consular bags and messages
in
code or cipher. However, the consular post may install and use a wireless
transmitter only with the consent of the receiving
State.
2. The official
correspondence of the consular post shall be inviolable. Official correspondence
means all correspondence relating
to the consular post and its
functions.
3. The consular bag
shall be neither opened nor detained. Nevertheless, if the competent authorities
of the receiving State have serious
reason to believe that the bag contains
something other than the correspondence, documents or articles referred to in
paragraph 4
of this Article, they may request that the bag be opened in their
presence by an authorised representative of the sending State.
If this request
is refused by the authorities of the sending State, the bag shall be returned to
its place of origin.
4. The
packages constituting the consular bag shall bear visible external marks of
their character and may contain only official correspondence
and documents or
articles intended exclusively for official
use.
5. The consular courier shall
be provided with an official document indicating his status and the number of
packages constituting
the consular bag. Except with the consent of the receiving
State he shall be neither a national of the receiving State, nor, unless
he is a
national of the sending State, a permanent resident of the receiving State. In
the performance of his functions he shall
be protected by the receiving State.
He shall enjoy personal inviolability and shall not be liable to any form of
arrest or detention.
6. The
sending State, its diplomatic missions and its consular posts may designate
consular couriers ad hoc. In such cases the provisions
of paragraph 5 of this
Article shall also apply except that the immunities therein mentioned shall
cease to apply when such a courier
has delivered to the consignee the consular
bag in his charge.
7. A consular
bag may be entrusted to the captain of a ship or of a commercial aircraft
scheduled to land at an authorised port of
entry. He shall be provided with an
official document indicating the number of packages constituting the bag, but he
shall not be
considered to be a consular courier. By arrangement with the
appropriate local authorities, the consular post may send one of its
members to
take possession of the bag directly and freely from the captain of the ship or
of the aircraft.
ARTICLE 36
Communication
and Contact with Nationals of the Sending
State
1. With a view to
facilitating the exercise of consular functions relating to nationals of the
sending State-
(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;
(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this sub-paragraph;
(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.
2. The rights referred to in
paragraph I of this Article shall be exercised in conformity with the laws and
regulations of the receiving
State, subject to the proviso, however, that the
said laws and regulations must enable full effect to be given to the purposes
for
which the rights accorded under this Article are intended.
ARTICLE 37
Information
in Cases of Deaths, Guardianship or Trusteeship, Wrecks and Air
Accidents
If the relevant
information is available to the competent authorities of the receiving State,
such authorities shall have the duty-
(a) in the case of the death of a national of the sending State, to inform without delay the consular post in whose district the death occurred;
(b) to inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a national of the sending State. The giving of this information shall, however, be without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments;
(c) if a vessel, having the nationality of the sending State, is wrecked or runs aground in the territorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State suffers an accident on the territory of the receiving State, to inform without delay the consular post nearest to the scene of the occurrence.
ARTICLE 38
Communication
with the Authorities of the Receiving
State
In the exercise of their
functions, consular officers may address-
(a) the competent local authorities of their consular district;
(b) the competent central authorities of the receiving State if and to the extent that this is allowed by the laws, regulations and usage of the receiving State or by the relevant international agreements.
ARTICLE 39
Consular
Fees and Charges
1. The consular
post may levy in the territory of the receiving State the fees and charges
provided by the laws and regulations of
the sending State for consular
acts.
2. The sums collected in the
form of the fees and charges referred to in paragraph 1 of this Article, and the
receipts for such fees
and charges, shall be exempt from all dues and taxes in
the receiving State.
SECTION
II
FACILITIES,
PRIVILEGES AND IMMUNITIES RELATING TO
CAREER
CONSULAR
OFFICERS AND OTHER MEMBERS OF A CONSULAR POST
ARTICLE 40
Protection
of Consular Officers
The receiving
State shall treat consular officers with due respect and shall take all
appropriate steps to prevent any attack on their
person, freedom or
dignity.
ARTICLE 41
Personal
Inviolability of Consular
Officers
1. Consular officers
shall not be liable to arrest or detention pending trial, except in the case of
a grave crime and pursuant to
a decision by the competent judicial
authority.
2. Except in the case
specified in paragraph 1 of this Article, consular officers shall not be
committed to prison or liable to any
other form of restriction on their personal
freedom save in execution of a judicial decision of final
effect.
3. If criminal proceedings
are instituted against a consular officer, he must appear before the competent
authorities. Nevertheless,
the proceedings shall be conducted with the respect
due to him by reason of his official position and, except in the case specified
in paragraph I of this Article, in a manner which will hamper the exercise of
consular functions as little as possible. When, in
the circumstances mentioned
in paragraph I of this Article, it has become necessary to detain a consular
officer, the proceedings
against him shall be instituted with the minimum of
delay.
ARTICLE 42
Notification
of Arrest, Detention or
Prosecution
In the event of the
arrest or detention, pending trial, of a member of the consular staff, or of
criminal proceedings being instituted
against him, the receiving State shall
promptly notify the head of the consular post. Should the latter be himself the
object of
any such measure, the receiving State shall notify the sending State
through the diplomatic channel.
ARTICLE 43
Immunity
from Jurisdiction
1. Consular
officers and consular employees shall not be amenable to the jurisdiction of the
judicial or administrative authorities
of the receiving State in respect of acts
performed in the exercise of consular
functions.
2. The provisions of
paragraph 1 of this Article shall not, however, apply in respect of a civil
action either-
(a) arising out of a contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending State; or
(b) by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.
ARTICLE 44
Liability
to Give Evidence
1. Members of a
consular post may be called upon to attend as witnesses in the course of
judicial or administrative proceedings. A
consular employee or a member of the
service staff shall not, except in the cases mentioned in paragraph 3 of this
Article, decline
to give evidence. If a consular officer should decline to do
so, no coercive measure or penalty may be applied to
him.
2. The authority requiring
the evidence of a consular officer shall avoid interference with the performance
of his functions. It may,
when possible, take such evidence at his residence or
at the consular post or accept a statement from him in
writing.
3. Members of a consular
post are under no obligation to give evidence concerning matters connected with
the exercise of their functions
or to produce official correspondence and
documents relating thereto. They are also entitled to decline to give evidence
as expert
witnesses with regard to the law of the sending State.
ARTICLE 45
Waiver
of Privileges and Immunities
1.
The sending State may waive, with regard to a member of the consular post, any
of the privileges and immunities provided for in
Articles 41, 43 and
44.
2. The waiver shall in all
cases be express, except as provided in paragraph 3 of this Article, and shall
be communicated to the receiving
State in
writing.
3. The initiation of
proceedings by a consular officer or a consular employee in a matter where he
might enjoy immunity from jurisdiction
under Article 43 shall preclude him from
invoking immunity from jurisdiction in respect of any counterclaim directly
connected with
the principal
claim.
4. The waiver of immunity
from jurisdiction for the purposes of civil or administrative proceedings shall
not be deemed to imply the
waiver of immunity from the measures of execution
resulting from the judicial decision; in respect of such measures, a separate
waiver
shall be necessary.
ARTICLE 46
Exemption
from Registration of Aliens and Residence
Permits
1. Consular officers and
consular employees and members of their families forming part of their
households shall be exempt from all
obligations under the laws and regulations
of the receiving State in regard to the registration of aliens and residence
permits.
2. The provisions of
paragraph I of this Article shall not, however, apply to any consular employee
who is not a permanent employee
of the sending State or who carries on any
private gainful occupation in the receiving State or to any member of the family
of any
such employee.
ARTICLE 47
Exemption
from Work Permits
1. Members of
the consular post shall, with respect to services rendered for the sending
State, be exempt from any obligations in
regard to work permits imposed by the
laws and regulations of the receiving State concerning the employment of foreign
labour.
2. Members of the private
staff of consular officers and of consular employees shall, if they do not carry
on any other gainful occupation
in the receiving State, be exempt from the
obligations referred to in paragraph 1 of this
Article.
ARTICLE
48
Social
Security Exemption
1. Subject to
the provisions of paragraph 3 of this Article, members of the consular post with
respect to services rendered by them
for the sending State, and members of their
families forming part of their households, shall be exempt from social security
provisions
which may be in force in the receiving
State.
2. The exemption provided
for in paragraph 1 of this Article shall apply also to members of the private
staff who are in the sole
employ of members of the consular post, on
condition-
(a) that they are not nationals of or permanently resident in the receiving State; and
(b) that they are covered by the social security provisions which are in force in the sending State or a third State.
3.
Members of the consular post who employ persons to whom the exemption provided
for in paragraph 2 of this Article does not apply
shall observe the obligations
which the social security provisions of the receiving State impose upon
employers.
4. The exemption
provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary
participation in the social security
system of the receiving State, provided
that such participation is permitted by that State.
ARTICLE 49
Exemption
from Taxation
1. Consular officers
and consular employees and members of their families forming part of their
households shall be exempt from all
dues and taxes, personal or real, national,
regional or municipal, except-
(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;
(b) dues or taxes on private immovable property situated in the territory of the receiving State subject to the provisions of Article 32;
(c) estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of paragraph (b) of Article 51;
(d) dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.
2.
Members of the service staff shall be exempt from dues and taxes on the wages
which they receive for their
services.
3. Members of the
consular post who employ persons whose wages or salaries are not exempt from
income tax in the receiving State shall
observe the obligations which the laws
and regulations of that State impose upon employers concerning the levying of
income tax.
ARTICLE 50
Exemption
from Customs Duties and
Inspection
1. The receiving State
shall, in accordance with such laws and regulations as it may adopt, permit
entry of and grant exemption from
all customs duties, taxes, and related charges
other than charges for storage, cartage and similar services, on
-
(a) articles for the official use of the consular post;
(b) articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment. The articles intended for consumption shall not exceed the quantities necessary for direct utilization by the persons concerned.
2.
Consular employees shall enjoy the privileges and exemptions specified in
paragraph 1 of this Article in respect of articles imported
at the time of first
installation.
3. Personal baggage
accompanying consular officers and members of their families forming part of
their households shall be exempt
from inspection. It may be inspected only if
there is serious reason to believe that it contains articles other than those
referred
to in sub-paragraph
(b)
of paragraph I of this Article, or articles the import or export of which is
prohibited by the laws and regulations of the receiving
State or which are
subject to its quarantine laws and regulations. Such inspection shall be carried
out in the presence of the consular
officer or member of his family
concerned.
ARTICLE 51
Estate
of a Member of the Consular Post or of a Member of his
Family
In the event of the death
of a member of the consular post or of a member of his family forming part of
his household, the receiving
State-
(a) shall permit the export of the movable property of the deceased, with the exception of any such property acquired in the receiving State the export of which was prohibited at the time of his death;
(b) shall not levy national, regional or municipal estate, succession or inheritance duties, and duties on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family of a member of the consular post.
ARTICLE 52
Exemption
from Personal Services and
Contributions
The receiving State
shall exempt members of the consular post and members of their families forming
part of their households from
all personal services, from all public service of
any kind whatsoever, and from military obligations such as those connected with
requisitioning, military contributions and billeting.
ARTICLE 53
Beginning
and End of Consular Privileges and
Immunities
1. Every member of the
consular post shall enjoy the privileges and immunities provided in the present
Convention from the moment
he enters the territory of the receiving State on
proceeding to take up his post or, if already in its territory, from the moment
when he enters on his duties with the consular
post.
2. Members of the family of
a member of the consular post forming part of his household and members of his
private staff shall receive
the privileges and immunities provided in the
present Convention from the date from which he enjoys privileges and immunities
in
accordance with paragraph I of this Article or from the date of their entry
into the territory of the receiving State or from the
date of their becoming a
member of such family or private staff, whichever is the
latest.
3. When the functions of a
member of the consular post have come to an end, his privileges and immunities
and those of a member of
his family forming part of his household or a member of
his private staff shall normally cease at the moment when the person concerned
leaves the receiving State or on the expiry of a reasonable period in which to
do so, whichever is the sooner, but shall subsist
until that time, even in case
of armed conflict. In the case of the persons referred to in paragraph 2 of this
Article, their privileges
and immunities shall come to an end when they cease to
belong to the household or to be in the service of a member of the consular
post
provided, however, that if such persons intend leaving the receiving State
within a reasonable period thereafter, their privileges
and immunities shall
subsist until the time of their
departure.
4. However, with
respect to acts performed by a consular officer or a consular employee in the
exercise of his functions, immunity
from jurisdiction shall continue to subsist
without limitation of time.
5. In
the event of the death of a member of the consular post, the members of his
family forming part of his household shall continue
to enjoy the privileges and
immunities accorded to them until they leave the receiving State or until the
expiry of a reasonable
period enabling them to do so, whichever is the
sooner.
ARTICLE 54
Obligations
of Third States
1. If a consular
officer passes through or is in the territory of a third State, which has
granted him a visa if a visa was necessary,
while proceeding to take up or
return to his post or when returning to the sending State, the third State shall
accord to him all
immunities provided for by the other Articles of the present
Convention as may be required to ensure his transit or return. The same
shall
apply in the case of any member of his family forming part of his household
enjoying such privileges and immunities who are
accompanying the consular
officer or travelling separately to join him or to return to the sending
State.
2. In circumstances similar
to those specified in paragraph 1 of this Article, third States shall not hinder
the transit through their
territory of other members of the consular post or of
members of their families forming part of their
households.
3. Third States shall
accord to official correspondence and to other official communications in
transit, including messages in code
or cipher, the same freedom and protection
as the receiving State is bound to accord under the present Convention. They
shall accord
to consular couriers who have been granted a visa, if a visa was
necessary, and to consular bags in transit, the same inviolability
and
protection as the receiving State is bound to accord under the present
Convention.
4. The obligations of
third States under paragraphs 1, 2 and 3 of this Article shall also apply to the
persons mentioned respectively
in those paragraphs, and to official
communications and to consular bags, whose presence in the territory of the
third State is due
to
force
majeure.
ARTICLE 55
Respect
for the Laws and Regulations of the Receiving
State
1. Without prejudice to
their privileges and immunities, it is the duty of all persons enjoying such
privileges and immunities to
respect the laws and regulations of the receiving
State. They also have a duty not to interfere in the internal affairs of that
State.
2. The consular premises
shall not be used in any manner incompatible with the exercise of consular
functions.
3. The provisions of
paragraph 2 of this Article shall not exclude the possibility of offices of
other institutions or agencies being
installed in part of the building in which
the consular premises are situated, provided that the premises assigned to them
are separate
from those used by the consular post. In that event, the said
offices shall not, for the purposes of the present Convention, be considered
to
form part of the consular premises.
ARTICLE 56
Insurance
against Third Party Risks
Members
of the consular post shall comply with any requirement imposed by the laws and
regulations of the receiving State in respect
of insurance against third party
risks arising from the use of any vehicle, vessel or aircraft.
ARTICLE 57
Special
Provisions Concerning Private Gainful
Occupation
1. Career consular
officers shall not carry on for personal profit any professional or commercial
activity in the receiving
State.
2. Privileges and
immunities provided in this Chapter shall not be accorded-
(a) to consular employees or to members of the service staff who carry on any private gainful occupation in the receiving State;
(b) to members of the family of a person referred to in sub-paragraph (a) of this paragraph or to members of his private staff;
(c) to members of the family of a member of a consular post who themselves carry on any private gainful occupation in the receiving State.
CHAPTER
III
REGIME RELATING
TO HONORARY CONSULAR
OFFICERS
AND
CONSULAR POSTS HEADED BY SUCH OFFICERS
ARTICLE 58
General
Provisions Relating to Facilities, Privileges and
Immunities
1. Articles 28, 29, 30,
34, 35, 36, 37, 38 and 39, paragraph 3 of Article 54 and paragraphs 2 and 3 of
Article 55 shall apply to consular
posts headed by an honorary consular officer.
In addition, the facilities, privileges and immunities of such consular posts
shall
be governed by Articles 59, 60, 61 and
62.
2. Articles 42 and 43,
paragraph 3 of Article 44, Articles 45 and 53 and paragraph I of Article 55
shall apply to honorary consular
officers. In addition, the facilities,
privileges and immunities of such consular officers shall be governed by
Articles 63, 64,
65, 66 and 67.
3.
Privileges and immunities provided in the present Convention shall not be
accorded to members of the family of an honorary consular
officer or of a
consular employee employed at a consular post headed by an honorary consular
officer.
4. The exchange of
consular bags between two consular posts headed by honorary consular officers in
different States shall not be
allowed without the consent of the two receiving
States concerned.
ARTICLE 59
Protection
of the Consular Premises
The
receiving State shall take such steps as may be necessary to protect the
consular premises of a consular post headed by an honorary
consular officer
against any intrusion or damage and to prevent any disturbance of the peace of
the consular post or impairment of
its dignity.
ARTICLE 60
Exemption
from Taxation of Consular
Premises
1. Consular premises of a
consular post headed by an honorary consular officer of which the sending State
is the owner or lessee shall
be exempt from all national, regional or municipal
dues and taxes whatsoever, other than such as represent payment for specific
services
rendered.
2. The
exemption from taxation referred to in paragraph 1 of this Article shall not
apply to such dues and taxes if, under the laws
and regulations of the receiving
State, they are payable by the person who contracted with the sending
State.
ARTICLE 61
Inviolability
of Consular Archives and
Documents
The consular archives
and documents of a consular post headed by an honorary consular officer shall be
inviolable at all times and
wherever they may be, provided that they are kept
separate from other papers and documents and, in particular, from the private
correspondence
of the head of a consular post and of any person working with
him, and from the materials, books or documents relating to their profession
or
trade.
ARTICLE 62
Exemption
from Customs Duties
The receiving
State shall, in accordance with such laws and regulations as it may adopt,
permit entry of, and grant exemption from
all customs duties, taxes, and related
charges other than charges for storage, cartage and similar services on the
following articles,
provided that they are for the official use of a consular
post headed by an honorary consular officer: coats-of-arms, flags, signboards,
seals and stamps, books, official printed matter, office furniture, office
equipment and similar articles supplied by or at the instance
of the sending
State to the consular post.
ARTICLE 63
Criminal
Proceedings
If criminal
proceedings are instituted against an honorary consular officer, he must appear
before the competent authorities. Nevertheless,
the proceedings shall be
conducted with the respect due to him by reason of his official position and,
except when he is under arrest
or detention, in a manner which will hamper the
exercise of consular functions as little as possible. When it has become
necessary
to detain an honorary consular officer, the proceedings against him
shall be instituted with the minimum of delay.
ARTICLE 64
Protection
of Honorary Consular Officers
The
receiving State is under a duty to accord to an honorary consular officer such
protection as may be required by reason of his
official position.
ARTICLE 65
Exemption
from Registration of Aliens and Residence
Permits
Honorary consular
officers, with the exception of those who carry on for personal profit any
professional or commercial activity in
the receiving State, shall be exempt from
all obligations under the laws and regulations of the receiving State in regard
to the
registration of aliens and residence permits.
ARTICLE 66
Exemption
from Taxation
An honorary consular
officer shall be exempt from all dues and taxes on the remuneration and
emoluments which he receives from the
sending State in respect of the exercise
of consular functions.
ARTICLE 67
Exemption
from Personal Services and
Contributions
The receiving State
shall exempt honorary consular officers from all personal services and from all
public services of any kind whatsoever
and from military obligations such as
those connected with requisitioning, military contributions and
billeting.
ARTICLE 68
Optional
Character of the Institution of Honorary Consular
Officers
Each State is free to
decide whether it will appoint or receive honorary consular
officers.
CHAPTER
IV
GENERAL
PROVISIONS
ARTICLE 69
Consular
Agents who are not Heads of Consular
Posts
1. Each State is free to
decide whether it will establish or admit consular agencies conducted by
consular agents not designated as
heads of consular posts by the sending
State.
2. The conditions under
which the consular agencies referred to in paragraph I of this Article may carry
on their activities and the
privileges and immunities which may be enjoyed by
the consular agents in charge of them shall be determined by agreement between
the sending State and the receiving State.
ARTICLE 70
Exercise
of Consular Functions by Diplomatic
Missions
1. The provisions of the
present Convention apply also, so far as the context permits, to the exercise of
consular functions by a
diplomatic
mission.
2. The names of members
of a diplomatic mission assigned to the consular section or otherwise charged
with the exercise of the consular
functions of the mission shall be notified to
the Ministry for Foreign Affairs of the receiving State or to the authority
designated
by that Ministry.
3. In
the exercise of consular functions a diplomatic mission may
address-
(a) the local authorities of the consular district;
(b) the central authorities of the receiving State if this is allowed by the laws, regulations and usage of the receiving State or by relevant international agreements.
4.
The privileges and immunities of the members of a diplomatic mission referred to
in paragraph 2 of this Article shall continue
to be governed by the rules of
international law concerning diplomatic relations.
ARTICLE 71
Nationals
or Permanent Residents of the Receiving
State
1. Except in so far as
additional facilities, privileges and immunities may be granted by the receiving
State, consular officers who
are nationals of or permanently resident in the
receiving State shall enjoy only immunity from jurisdiction and personal
inviolability
in respect of official acts performed in the exercise of their
functions, and the privilege provided in paragraph 3 of Article 44.
So far as
these consular officers are concerned, the receiving State shall likewise be
bound by the obligation laid down in Article
42. If criminal proceedings are
instituted against such a consular officer, the proceedings shall, except when
he is under arrest
or detention, be conducted in a manner which will hamper the
exercise of consular functions as little as
possible.
2. Other members of the
consular post who are nationals of or permanently resident in the receiving
State and members of their families,
as well as members of the families of
consular officers referred to in paragraph 1 of this Article, shall enjoy
facilities, privileges
and immunities only in so far as these are granted to
them by the receiving State. Those members of the families of members of the
consular post and those members of the private staff who are themselves
nationals of or permanently resident in the receiving State
shall likewise enjoy
facilities, privileges and immunities only in so far as these are granted to
them by the receiving State. The
receiving State shall, however, exercise its
jurisdiction over those persons in such a way as not to hinder unduly the
performance
of the functions of the consular post.
ARTICLE 72
Non-Discrimination
1.
In the application of the provisions of the present Convention the receiving
State shall not discriminate as between
States.
2. However, discrimination
shall not be regarded as taking place-
(a) where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its consular posts in the sending State;
(b) where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.
ARTICLE 73
Relationship
between the Present Convention and Other International
Agreements
1. The provisions of
the present Convention shall not affect other international agreements in force
as between States parties to
them.
2. Nothing in the present
Convention shall preclude States from concluding international agreements
confirming or supplementing or
extending or amplifying the provisions
thereof.
CHAPTER
V
FINAL
PROVISIONS
ARTICLE 74
Signature
The
present Convention shall be open for signature by all States Members of the
United Nations or of any of the specialized agencies
or Parties to the Statute
of the International Court of Justice, and by any other State invited by the
general Assembly of the United
Nations to become a Party to the Convention, as
follows until 31st October, 1963 at the Federal Ministry for Foreign Affairs of
the
Republic of Austria and subsequently until 31st March, 1964, at the United
Nations Headquarters in New York.
ARTICLE 75
Ratification
The
present Convention is subject to ratification. The instruments of ratification
shall be deposited with the Secretary-General of
the United
Nations.
ARTICLE 76
Accession
The
present Convention shall remain open for accession by any State belonging to any
of the four categories mentioned in Article 74.
The instruments of accession
shall be deposited with the Secretary-General of the United
Nations.
ARTICLE 77
Entry
into Force
1. The present
Convention shall enter into force on the thirtieth day following the date of
deposit of the twenty-second instrument
of ratification or accession with the
Secretary-General of the United
Nations.
2. For each State
ratifying or acceding to the Convention after the deposit of the twenty-second
instrument of ratification or accession,
the Convention shall enter into force
on the thirtieth day after deposit by such State of its instrument of
ratification or accession.
ARTICLE 78
Notifications
by the Secretary-General
The
Secretary-General of the United Nations shall inform all States belonging to any
of the four categories mentioned in Article 74-
(a) of signatures to the present Convention and of the deposit of instruments of ratification or accession, in accordance with Articles 74, 75 and 76;
(b) of the date on which the present Convention will enter into force, in accordance with Article 77.
ARTICLE 79
Authentic
Texts
The original of the present
Convention, of which the Chinese, English, French, Russian and Spanish texts are
equally authentic, shall
be deposited with the Secretary-General of the United
Nations, who shall send certified copies thereof to all States belonging to
any
of the four categories mentioned in Article
74.
IN WITNESS WHEREOF the
undersigned Plenipotentiaries, being duly authorized thereto by their respective
Governments, have signed the
present
Convention.
DONE at Vienna, this
twenty-fourth day of April, one thousand nine hundred and
sixty-three.
SECOND SCHEDULE
Articles of Convention
having the force of law in
Fiji
ARTICLE
1
ARTICLE
5
ARTICLE
15
ARTICLE
17
ARTICLE 31 Paragraphs 1, 2 and
4
ARTICLE
32
ARTICLE
33
ARTICLE
35
ARTICLE
39
ARTICLE 41 Paragraphs 1 and
2
ARTICLE
43
ARTICLE
44
ARTICLE
45
ARTICLE
48
ARTICLE
49
ARTICLE
50
ARTICLE
51
ARTICLE
52
ARTICLE
53
ARTICLE
54
ARTICLE 55 Paragraphs 2 and
3
ARTICLE 57 Paragraph
2
ARTICLE 58 Paragraphs 1, 2 and
3
ARTICLE
60
ARTICLE
61
ARTICLE
62
ARTICLE
66
ARTICLE
67
ARTICLE 70 Paragraphs 1, 2 and
4
ARTICLE 71
Controlled by Office of the Prime Minister
-------------------------------------------------
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