South Africa Act or statute

Parliament of the Republic of South Africa

Diplomatic Immunities and Privileges Act

This excerpt identifies the Diplomatic Immunities and Privileges Act, 2001 and shows the table of contents, including a section on offences and penalties. This section defines key terms used in th…

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Jurisdiction: South Africa
Structure: 242 provisions
Citation: Act 37 of 2001
Dates: Record updated 29 Nov 2001

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Dates: Record updated 29 Nov 2001

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“This excerpt identifies the Diplomatic Immunities and Privileges Act, 2001 and shows the table of contents, including a section on offences and penalties.”

This excerpt identifies the Diplomatic Immunities and Privileges Act, 2001 and shows the table of contents, including a section on offences and penalties. This section defines key terms used in the Act, including the Minister, Director-General, municipality, organisation, regulation, special envoy or representative, specialised agency, the listed Conventions, and “this Act.” The Minister may withdraw some immunities, privileges, or exemptions if foreign treatment is less favourable in the relevant way described in the section. Some foreign missions and related bodies must ask the Director-General in writing before dealing with immovable property in the Republic; diplomatic missions must be based in Pretoria or, during Parliament sittings, Cape Town, unless the Minister approves another location for part of the mission. The Minister must make regulations setting liability insurance requirements for persons who enjoy immunities or privileges under this Act or the Conventions.

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November 2001 No. 22876

This excerpt identifies the Diplomatic Immunities and Privileges Act, 2001 and shows the table of contents, including a section on offences and penalties.

Section 29

The provisions of this Article shall not affect bilateral or multilateral

This Article does not affect earlier bilateral or multilateral social security agreements and does not stop new ones being made.

Section 5

Consular officers may not be appointed from

Consular officers must not be appointed from among persons who have the nationality of the receiving State, unless that State expressly consents.

Section 2

However, with respect

For acts done by a consular employee while exercising official functions, jurisdiction continues without any time limit.

Section 4

The privileges, immunities, exemptions and

Any Deputy Director-General of the Organization is entitled to the privileges, immunities, exemptions, and facilities referred to in section 21 of the standard clauses.

Section 2

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Showing 242 of 242 provisions

Provision 223Substitution 6Amendment 5Interpretation 4

§ 29November 2001 No. 22876Short title

This excerpt identifies the Diplomatic Immunities and Privileges Act, 2001 and shows the table of contents, including a section on offences and penalties.

29 November 2001 No. 22876 THE PRESIDENCY No. 1253 29 November 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 37 of 2001: Diplomatic Immunities and Privileges Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure PRIVILEGES ACT, 2001 [English text signed by the Presid,ent.) (Assented to 22 November ;?002’.) ACT ‘To make provision regarding the immunities and privileges of diplomatic missions and consular posts and their members, of heads of states, special envoys and certain representatives, of the United Nations, and its specialised agencies, and other international organisations and of certain other persons; to make provision regarding immunities and privileges pertaining to international conferences and meetings; to enact into connected therewith. law certain conventions; and to provide for matters ARRANGEMENT OF SECTIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. and of heads of state, special envoys and certain Definitions Conventions have force of law Immunities and privileges of diplomatic missions and consular posts, and of members of such missions and posts Immunities and privileges representatives Immunities and privileges of the United Nations, specialised agencies other international organisations Immunities and privileges pertaining to internatiolnal conferences or meetings convened in the Republic Conferment of immunities and privileges Waiver of immunities and privileges Register of persons entitled to immunities or privileges Restriction on immunities, privileges and exemptions Adjustment of loss of revenue to municipalities and statutory organisations Acquisition, construction, relocation, renovation, replacement, lease of immovable property in the Republic Liability insurance requirements Regulations Offences and penalties Repeal of laws Short title and commencement public utility extension or Schedule 1 Vienna Convention on Diplomatic Relations, 1961 Schedule 2 Vienna Convention on Consular Relations, 1963 Schedule 3 Convention on the Privileges and Immunities of the TJnited Nations, 1946 Schedule 4 Convention on the Privileges and Immunities of the Specialised Agencies, 1947 4 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT. 2001 B E IT ENACTED by the Parliament of follows:- Definitions the Republic of South Africa, as

Section 29Verify source

Part

Schedule 4

§ 1In this Act, unless the context indicates otherwise-Offence

This section defines key terms used in the Act, including the Minister, Director-General, municipality, organisation, regulation, special envoy or representative, specialised agency, the listed Conventions, and “this Act.”

1. In this Act, unless the context indicates otherwise- (i) “Director-General” means the Director-General: Foreign Affairs; (ii) “Minister” means the Minister of Foreign Affairs; (iii) “municipality” means a municipality established in terms of Chapter 2 of the 5 Local Government Municipal Structures Act, 1998 (Act No. 117 of 1998); of which two or the Minister has (iv) “organisation” means an intergovernmental organisation are members and which more states or governments recognised for the purposes of this Act; 10 (v) “regulation” means a regulation made under section 13; (vi) “special envoy or representative” means person (vii) “specialised agency” means any agency contemplated the sending state, government or organisation to undertake a special mission or task in the Republic on behalf of such state, government or organisation; 15 in paragraph (ii) of section 1 of Article I of the Convention on the Privileges and Immunities of the Specialised Agencies, 1947, and which the Minister has recognised for purposes of this Act; duly authorised by (viii) “the Convention on the Privileges and Immunities of the Specialised Agencies, 1947” means the Convention on the Privileges and Immunities of the Specialised Agencies, adopted on 21 applicable in the Republic in accordance with the reservations made by South Africa upon its accession thereto and which is set out in Schedule 4 to this Act; (ix) “the Convention on the Privileges and Immunities of the United Nations, 25 1946” means the Convention on the Privileges and Immunities of the United Nations, adopted on 13 February 1946, as may be applicable in the Republic in accordance with the reservations made by South Africa upon its accession thereto and which is set out in Schedule 3 to this Act; November 1947, as may be 20 (x) “the Conventions” means the Convention 011 the Privileges and Immunities 30 of the United Nations, 1946, the Convention on the Privileges and Immunities the Vienna Convention on Diplomatic of the Specialised Agencies, 1947, Relations, 1961, and the Vienna Convention on Consular Relations, 1963; (xi) “the Vienna Convention on Consular Relations, 1963” means the Vienna Convention on Consular Relations, 1963, signed at Vienna on 24 April 1963, 35 and which is set out in Schedule 2 to this Act; (xii) “the Vienna Convention on Diplomatic Relations, 1961” means the Vienna Convention on Diplomatic Relations, 1961, signed at Vienna on 18 April 1961, and which is set out in Schedule 1 to this Act; (xiii) “this Act” includes the regulations. 40 Conventions have force of law 2. (1) Subject to the provisions of this Act, the Conventions have the force of law in the Republic. (2) For the purposes of the Conventions- ( a ) “grave crime” means any offence for which a person may on conviction be 45 sentenced to imprisonment for five years or more; and (b) “member of a family” means- (i) the spouse; (ii) any unmarried child under the age of 21 years; (iii) any unmarried child between the ages of undertaking full-time studies at an education institution; and 21 and 23 years who is 50 (iv) any other unmarried child or other family member officially recognised as a dependant member of the family by the government of the sending State, the United Nations, a specialised agency or an organisation, and who is issued with a diplomatic or official passport. 55 3 6 No. 22876 Act No. 37,2001 GAZETTE. GOVERNMENT 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES; AND PRIVILEGES ACT, 200 1 Immunities and privileges members of such missions and posts of diplomatic missiolns and consular posts, and of 3. (1) The Vienna Convention on Diplomatic Relations, 1961, applies to all diplomatic missions and members of such missions in the Republic. (2) The Vienna Convention on Consular Relations, 1963, applies to all consular posts 5 and members of such posts in the Republic. 4. (1) A head of state is immune from the criminal and civil jurisdiction of the courts of the Republic, and enjoys such privileges as- (a) heads of state enjoy in accordance with the rules of customary international law; (b) are provided for in any agreement entered into with a state or government whereby immunities and privileges are conferred upon such a head of state; or (c) may be conferred on such head of state by virtue of section 7(2). (2) A special envoy or representative from another sitate, government or organisation is immune from the criminal and civil jurisdiction of the courts of the Republic, and enjoys such privileges as- (a) a special envoy or representative enjoys in accordance with the rules of law; customary international 10 15 20 (b) are provided for in any agreement entered organisation whereby immunities and special envoy or representative; or into with a state, government or such privileges are conferred upon (c) may be conferred on him or her by virtue of section 7(2). (3) The Minister must by notice in the Gazette recognise a special envoy or 25 representative for the purposes of subsection (2). Immunities and privileges international organisations of United Nations, specialised agencies and other 5. (1) The Convention on the Privileges and Immunities of the United Nations, 1946, applies to the United and Nations its officials in the Republic. 30 (2) The Convention on the Privileges and Immunities of the Specialised Agencies, 1947, applies to any specialised agency and its officials in the Republic. (3) Any organisation recognised by the Minister for the purposes of this section and any official of such organisation enjoy such privileges and provided for in any agreement entered into with such organisation conferred on them by virtue of section 7(2). immunities as may be or as may be 35 Republic in Immunities and privileges pertaining to international conferences or meetings convened (4) Any organisation contemplated in this section is vested with the legal capacity of a body corporate in the Republic to the extent consistent with the instrument creating it. 6. (1) The officials and experts of the United Nations;, of any specialised agency and of any organisation, and representatives of any state, participating in an international conference or meeting convened in the Republic enjoy for the duration of the conference or meeting such privileges and immunities as- (a) are specifically provided for in the Convention on the Privileges and Immunities of the United Nations, 1946, or the Convention on the Privileges and Immunities of the Specialised Agencies, 1947, as the case may be, in respect of the participation in conferences and meetings; 40 45 8 No. 22876 Act No. 37,2001 GOVERNMENT GAZETIE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES L4ND PRIVILEGES ACT, 2001 (b) are specifically provided for in any agreement entered into for this purpose; or (c) may be conferred on any of them by virtue of section 7(2). ( 2 ) The Minister must by notice in the Gazette recognise a specific conference or meeting for the purposes of subsection (1). privileges and immunities of Conferment 5 7. (1) Any agreement whereby immunities and privileges are conferred to any person or organisation in terms of this Act must be published by notice in the Gazette. (2) The Minister may in any particular case if it is not expedient to enter into an agreement as contemplated in subsection (1) and if the conferment of immunities and privileges is in the interest of the Republic, confer such immunities and privileges on a 10 person or organisation as may be specified by notice in the Gazette. Waiver of immunities and privileges 8. (1) A sending State, the United Nations, any specialised agency or organisation may waive any immunity or privilege which a person enjoys under this Act. ( 2 ) For the purposes of subsection (l), any waiver by the head, or by any person who 15 performs the functions of the head, of- (a) a mission; (b) a consular post; (c) an office of the United Nations; (d) an or agency; a specialised (e) an organisation, office of must be regarded as being a waiver by agency or the organisation in question. the state, the TJnited Nations, the specialised (3) For the purposes of this section, a waiver must always be express and in writing. Register of persons entitled to immunities or privileges 20 25 9. (1) The Minister must keep a register in which there must be registered the names of all the persons who enjoy- ( a ) immunity from the civil and criminal juri,sdiction of the courts of the Republic; or (b) immunities and privileges in accordance with the Conventions or in terms of 30 any agreement contemplated in section 7. (2) The Minister must cause a complete list of all persons on the register to be published at least once a year in the Gazette. (3) If in any proceedings in a court of law any question arises as to whether or not any person enjoys any immunity or privilege under this Act or the Conventions, a certificate 35 under the hand or issued under the authority of the Director-General stating any fact relating to that question, is prima facie evidence of that fact. Restriction on immunities, privileges and exemptions

Section 1Verify source

§ 10If it appears at any time to the Minister-Provision

The Minister may withdraw some immunities, privileges, or exemptions if foreign treatment is less favourable in the relevant way described in the section.

10. If it appears at any time to the Minister- ( a ) that the immunities and privileges accorded to a mission of the Republic in the 40 territory of any state, or to any person connected with any such mission, are less than those conferred in the Republic on the mission of that state, or on any person connected with that mission; or (b) that the exemptions granted to the Government of the Republic in the territory of any state are less than those granted by the Minister to that state, 45 the Minister may withdraw so much of the immunities, privileges and exemptions so accorded or granted by him or her as appears to him or her to be proper. 10 No. 22876 Act No. 37,2001 GOVERWENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITTES AND PRIVILEGES ACT, 2001

Section 10Verify source

§ 11The loss of revenue causedProvision

Some foreign missions and related bodies must ask the Director-General in writing before dealing with immovable property in the Republic; diplomatic missions must be based in Pretoria or, during Parliament sittings, Cape Town, unless the Minister approves another location for part of the mission.

11. The loss of revenue caused statutory public utility organisation by reason of this Act relating to exemptions from taxation, must be made good to such municipality or organisation out of funds approved by Parliament for that purpose. to any municipality or 5 Acquisition, construction, relocation, renovation, replacement, extension or lease of immovable property in Republic 12. (1) All foreign missions or consular posts, the United Nations and all specialised agencies or organisations referred Director-General for acquiring, constructing, relocating, renovating, replacing, extend- ing or leasing immovable property in the Republic in the name of or on behalf of- to in this Act, must submit a written request to the 10 (a) the mission or post or its government; (b) the United Nations; (c) {d) any person referred to in section 4 or 5 ; or ( e ) any representative contemplated the specialised agency or organisation in question; in the Vienna Convention on Diplomatic 15 Relations, 1961, and the Vienna Convention on Consular Relations, 1963. (2) Any such request must consist of a narrative and graphlc description of, and indicate the reasons for, the proposed acquisition, construction, relocation, renovation, 20 replacement, extension or leasing. (3) No deed of transfer of land may be registered in accordance with the Deeds Registries Act, 1937 (Act No. 47 of 1937), in the name of any such government, mission or post, the United Nations or any representative unless writing that the property has been recognised for the use of an embassy, chancellery, legation, office or official residence and that the Director-General approves of such registration. such specialised agency, organisation, person or the Director-General has informed the Registrar of Deeds in 25 (4) Diplomatic missions established in the Republic in accordance with the provisions of the Vienna Convention on Diplomatic Relations, 1961, or other international law, must be located in Pretoria or, during sittings of Parliament, in Cape Town. rules of customary 30 (5) Despite subsection (4), the Minister may approve that a section of the diplomatic mission may be located elsewhere. requirements insurance Liability 35

Section 11Verify source

§ 13The Minister must prescribe by regulation liability insurance requirements whichProvision

The Minister must make regulations setting liability insurance requirements for persons who enjoy immunities or privileges under this Act or the Conventions.

13. The Minister must prescribe by regulation liability insurance requirements which have to be met by any person who enjoys immunities or privileges under this Act or in terms of the Conventions. Regulations

Section 13Verify source

§ 14The Minister may make regulations regarding any matter whichShort title

The Minister may make regulations to carry out or give effect to this Act or the Conventions. It is an offence to issue, obtain or execute legal process against an immune person, and conviction can lead to imprisonment of up to three years or a fine. Earlier listed Acts are repealed, but things done under them may be treated as done under this Act if they could have been done under it.

14. The Minister may make regulations regarding any matter which must be 40 prescribed or which the Minister deems it necessary or expedient to prescribe in order to carry out or give effect to the provisions of this Act or of the Conventions. Offences and penalties 15. (1) Any person who willfully or without the exercise of reasonable care issues, obtains or executes any legal process against a person who enjoys immunity under this 45 Act or in terms of the Conventions, whether as party, attorney or officer concerned with issuing or executing such process, is guilty of an offence. (2) Any person who contravenes subsection (1) or who willfully or without exercise of reasonable care commits any other offence which has the inviolability of any person contemplated in subjection (l), or of his or her property 50 the the effect of infringing 12 No. 22876 Act No. 37,2001 ~~ GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRlVILEGES ACT. 20011 or of the premises occupied by him or her, is liable on conviction imprisonment for a period not exceeding imprisonment. three years or to both to a fine or to a fine and such Repeal of laws and saving 16. (1) The Diplomatic Immunities and Privileges Act, 1989 (Act No. 74 of 1989), and the Diplomatic Immunities and Privileges Amendment Act, 1992 (Act No. 56 of 1992), are hereby repealed. (2) Anything done under a provision of any law repealed by subsection (1) and which could have been done under a provision of this Act, must be regarded as having been done under the latter provision. 5 10 Short title and commencement

Section 14Verify source

§ 17This Act is called the Diplomatic Immunities anid Privileges Act, 2001, and takesProvision

The Act starts on a date the President fixes by proclamation in the Gazette.

17. This Act is called the Diplomatic Immunities anid Privileges Act, 2001, and takes effect on a date fixed by the President by proclamation in the Gazette. 14 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DE’LOMATIC IMMUNITIES AND PRrVILEGES ACT, 2001 Schedule 1 Vienna Convention on Dipllomatic Relations, 1961 The States Parties to the present Convention, Recalling that peoples of all nations from ancient times have recognized the status of diplomatic agents, 5 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 privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems, diplomatic intercourse, 10 Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions 15 of diplomatic missions as representing States, Afirming 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 I 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 pers’on charged by the sending State that capacity; ( b ) the ‘members of the mission’ are the head of the mission and the with the duty of acting in (c) members of the staff of the mission; the ‘members of the staff of the mission’ are the members of the diplomatic staff, of the administrative and technical staff and of the mission; service staff of (d) the ‘members of the diplomatic staff” are the members of the staff of the 20 25 30 the mission having diplomatic rank; ( e ) a ‘diplomatic agent’ is the head of the mission or a member of the (f) (g) diplomatic staff of the mission; the ‘members of the administrative and technical members of the staff of the mission employed in the administrative and technical service of the mission; the ‘members of the service staff are the members of the staff of the mission in the domestic service of the mission; staff are the 35 (h) a ‘private servant’ is a person who is in the domestic service of a 40 (i) is not an employee of the sending member of the mission and who State; 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 mission. the residence of the head of the 45 Article 2 The establishment of diplomatic relations between States, permanent diplomatic missions, takes plac’e by mutual consent. and of 16 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 Article 3

Section 17Verify source

§ 13February 1946 a resolution contemplating theAmendment

Representatives of members attending specialized-agency meetings get specified privileges and immunities during the meeting and travel to and from it.

13 February 1946 a resolution contemplating the unification as far as possible of the privileges and immunities enjoyed by the United Nations and by the various specialized agencies; and 5 Whereas consultations concerning the implementation of the aforesaid resolution have taken place between the United Nations and the specialized agencies; 10 Consequently, by the resolution 179 (11) adopted on 21 November 1947, the General Assembly has approved the folllowing Convention, which is submitted to the specialized agencies for acceptance and to every Member of the United Nations and to every other State member of one or more of the specialized agencies 15 accession. for Article I DEFINITIONS AND SCOPE Section 1 In this Convention: The words ‘standard clauses’ refer to the provisions of articles II to I X . 20 The words ‘specialized agencies’ mean: (a) The International Labour Organization; (6) The Food and Agriculture Organization of the United Nations; (c) The United Nations Educational, Scientific and Cultural Organi- zation; (d) The International Civil Aviation Organization; (e) The International Monetary Fund; (f) The International Bank for Reconstruction and Development; (g) The World Health Organization; ( h ) The Universal (i) The International Telecommunications Union; and ( j ) Any other agency in relationship with the Postal United Nations in Union; 25 30 accordance with Articles 57 and 63 of the Charter. The word ‘Convention’ means, in relation to any particular specialized 35 agency, the standard clauses as modified by the final (or revised) text of the annex transmitted by that agency in accordance with sections 36 and 38. For the purposes of article 111, the words ‘property and assets’ shall also include property and funds administered by a specialized agency 40 in furtherance of its constitutional functions. For the purposes of articles V and VII, the expression ‘representatives of members’ shall be deemed to include a l l representatives, alternates, advisers, technical experts and secretaries of delegations. In sections 13, 14, 15 and 25, the expression ‘meetings convened by a 45 specialized agency’ means meeting: (1) of its assembly and of its executive body (however designated), and ( 2 ) of any commission provided for it its constitution; (3) of any international conference convened by it; and (4) of any committee of any of these bodies. The term ‘executive head’ means the principal executive official of the 50 specialized agency in question, whether dlesignated ‘Director-General’ or otherwise. 98 GOVERNME.NT No. 22876 Act No. 37,2001 Section 2 GAZETIE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 Each State party to this Convention in respect of any specialized agency to whch thls Convention has become applicable in accordance with section 37 shall accord to, or in connection with, that agency the privileges and the conditions specified immunities set forth in the standard clauses on therein, subject to any modification of those clauses contained in the provisions of transmitted in accordance with sections 36 or 38. the final (or revised) annex relating to that agency and Article I1 PERSO'NALITY JURIDICAL Section 3 The specialized agencies shall possess juridical personality. They shall have the capacity (a) to contract, ( b ) to acquire and dispose of immovable and movable property; (c) to institute legal proceedings. Article III PROPERTY, FUNDS AND ASSETS 5 10 15 Section 4 The specialized agencies, their property and assets, wherever located and of legal by whomsoever held, shall enjoy immunity process except in so far as in any particular case they have expressly waived 20 their immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution. from every form Section 5 The premises of the specialized agencies sl-dl be inviolable. The property and assets of the specialized agencies, wherever located and by whomso- ever held, shall be immune from expropriation and any other form administrative, judicial or legislative action. search, requisition, confiscation, of interf'erence, whether by executive, Section 6 25 30 The archives of the specialized agencies, and in general all documents belonging to them or held by them shall be inviolable, wherever located. Section 8 shall, in exercising its rights under section 7 Each specialized agency above, pay due regard to any representations made by the Government of 35 any State party to this Convention in so far as it is considered that effect can be given to such representations without detriment to the interests of the agency. Section 9 The specialized agencies, their assets, incorne and other property shall be: 40 (a) Exempt from all direct taxes; it is understood, however, that the specialized agencies will not claim exemption from taxes which are, in fact, no more than charges for public utility services; (b) Exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articl'es imported or exported by the 45 100 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 specialized agencies for their official use; it is understood, however, that articles imported under such exemption will not be sold in the country into which they were importe:d except under conditions agreed to with the Government of that country; (c) Exempt from duties and prohibitions and restrictions on imports and 5 exports in respect of their publications. Section 10 While the specialized agencies will not, as, a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the 10 specialized agencies are making important purchases for official use of property on which such duties and taxes have been charged or are chargeable, States parties to this Convention will, whenever possible, make appropriate administrative arrangements fix the remission or return of the amount of duty or tax. 15 Article IV FACILITIES IN RESPECT OF COMMUNICATIONS Section 11 Each specialized agency shall enjoy, in the territory of each State party to this Convention in respect of that agency, for its official communications, 20 treatment not less favourable than that accorded by the Government of such State to any other Government, including the latter's diplomatic mission in the matter of priorities, rates radiograms, telephotos, telephone and other communications, and press rates for information to the and taxes on mails, cables, telegrams, and radio. press 25 Section 12 No censorship shall be applied to the oficial correspondence and other official communications of the specialized agencies. The specialized agencies shall have the right to use codes and to dispatch 30 and receive correspondence by courier in sealed bags, which shall have the same immunities and privileges as diplomatic couriers and bags. Nothing in this section shall be construetd to preclude the adoption of appropriate security precautions to be determined by agreement between a State party to this Convention and a specialized agency. 35 Article V REPRESENTATIVES OF MEMBERS Section 13 Representatives of members at meetings convened by a specialized agency shall, while exercising their functions and during their journeys to and from 40 the place of meeting, enjoy the following privileges and immunities: ( a ) Immunity from personal arrest or dete.ntion and from seizure of their personal baggage, and in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind; 45 (b) Inviolability for all papers and documents; 102 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT. 2001 ( e ) The right to use codes and to receive papers or correspondence by courier or in sealed bags; (d) Exemption in respect of themselves and their spouses from immigra- tion restrictions, aliens' registration or national service obligations in the State which they are visiting or through which they are passing in the exercise of their functions; ( e ) The same facilities in respect of currelncy or exchange restrictions as are accorded to representatives of foreign Governments on temporary official missions; 5 (f) The same immunities and facilities in respect of their personal 10 baggage as are accorded to members of comparable rank of diplomatic missions. Section 14 In order to secure for the representatives of members of the specialized agencies at meeting convened by them complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken o'r written and all acts done by them in discharging their duties shall continue to be accorded, notwith- standing that the persons concerned are no longer engaged in the discharge of such duties. complete freedom of speech and 15 20 Section 15 incidence of any form of taxation depends upon residence, Where the periods during which the representatives of members of the specialized agencies at meetings convened by them are present in a member State for the discharge of their duties shall not be considered as periods of residence. 25 Section 16 Privileges and immunities are accorded to the representatives of members, not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the specialized agencies. Consequently, a member not only has the right but is 30 under a duty to waive the immunity of its representatives in any case where, in the opinion of the member, the immunit:y would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded. Section 17 The provisions of sections, 13, 14 and 15 are not applicable in relations to the authorities of a State of which the person is a national or of which he is or has been a representative. Article VI OFFICIALS 35 40 Section 18 Each specialized agency will specify the categories of officials to which the provisions of this article and of article: VI11 shall apply. It shall communicate them to the Governments of all States parties to this Convention in respect of that agency and to the Secretary-General of the 45 United Nations. The names of the officials included in these categories shall from time to time be made known to the above- mentioned Governments. 104 No. 22876 Act No. 37,2001 Section 19 GOVERNMENT GAZETTE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 Officials of the specialized agencies shall: 5 Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity; Enjoy the same exemptions from taxation in respect of the salaries and emoluments paid to them by the specialized agencies and on the same conditions as are enjoyed by the officials of the United Nations; Be immune, together with their spouses and relatives dependent on them from immigration restrictions a~nd alien registration; Be accorded the same privileges in respect of exchange facilities as are 10 accorded to officials of comparable rank of diplomatic missions; Be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as officials of comparable rank of diplomatic missions; Have the right to import free of duty their furniture and effects at the 15 time of first takmg up their post in the country in question. Section 20 The officials of the specialized agencies shall be exempt from national service obligations, provided that, in relation to the States of which they are nationals, such exemptions shall be confined to officials of the specialized 20 agencies whose names have, by reason of their duties, been placed upon a list compiled by the executive head of the specialized agency and approved by the State concerned. Should other officials of specialized agencies be called up for national 25 service, the State concerned shall, at the request of the specialized agency concerned, grant such temporary deferments in the call-up of such officials as may be necessary to avoid interruption in the continuation of essential work. Section 21 30 In addition to the immunities and privileges specified in section 19 and 20, the executive head of each specialized agency, including any official acting on his behalf during his absence from duty, shall be accorded in respect of himself, his spouse and minor children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law. 35 Section 22 Privileges and immunities are granted to officials in the interests of the specialized agencies only and not for the personal benefit of the individuals themselves. Each specialized agency shall have the right and the duty to 40 waive the immunity of any officials in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the specialized agency. Section 23 Each specialized agency shall co-operate at. all times with the appropriate 45 administration of authorities of member States to facilitate the proper and prevent the justice, secure the observance of police regulations occurrence of any abuses in connection with the privileges, immunities and facilities mentioned in this article. 108 No. 22876 Act No. 37,2001 Section 27 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 States parties to this Convention shall recognize and accept the United Nations laissez-passer issued to officials of the specialized agencies as valid travel documents. Section 28 Applications for visas, where required, from officials of specialized agencies holding United Nations laissez-passer, when accompanied by a certificate that they are traveling on the business of a specialized agency, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities speedy travel. for 5 10 Section 29 specified in section 28 shall be accorded to Similar facilities to those experts and other persons who, though not the holders of United Nations laissez-passer, have a certificate that they are traveling on the business of a specialized agency. 15 Section 30 The executive heads, assistant executive heads, heads of departments and other officials of a rank not lower than head of department of the specialized agencies, travelling on United Nations laissez-passer on the business of the specialized agencies, shall be granted the Sime facilities for travel as are 20 accorded to officials of comparable rank in diplomatic missions. Article IX SETTLEMENT OF DISPUTES Section 31 25 Each specialized agency shall make provision for appropriate modes of settlement of ( a ) Disputes arising out of contracts or other disputes of private character to which the specialized agency is a party; (6) Disputes involving any official of a Specialized agency who by reason 30 of his official position enjoys immunity, if immunity has not been waived in accordance with the provisions of section 22. Article X ANNEXES AND APPLICATION TO INDIVIDUAL SPECIALIZED AGENCIES Section 33 In their application to each specialized agency, the standard clauses shall operate subject to any modifications set forth in the final (or revised) text of the annex relating to that agency, as provided in sections 36 and 38. Section 34 The provisions of the Convention in relation to any specialized agency must be interpreted in the light of the functions, with which that agency is entrusted by its constitutional instrument. 35 40 110 No. 22876 Act No. 37,2001 Section 35 NOVEMBER 29 GOVERNMIlNT GAZETTE, 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 Draft annexes 1 to 9 are recommended to the specialized agencies named therein. In the case of any specialized agency not mentioned by name in section 1, the Secretary-General of the United Nations shall transmit to the agency a draft annex recommended by the Economic and Social Council. 5 Section 36 The final text of each annex shall be that approved by the specialized agency in question in accordance with its constitutional procedure. A copy of the annex as approved by each specialized agency shall be transmitted by the agency in question to the Secretary-General of the United Nations and shall thereupon replace the draft referred to in section 35. 10 Section 31 to each specialized agency The present Convention becomes applicaible when it has transmitted to the Secretary-General of the United Nations the that it accepts the final text of the relevant annex and has informed him standard clauses, as modified by this annex, and undertakes to give effect to section 8, 18, 22, 23, 24, 31, 32,42 and 45 (subject to any modification of section 32 which may be found necessary i n order to make the final text of the annex consonant with the constitutional instrument of the agency) and any provisions of the agency. The Secretary-General shall communicate to all Members of the United Nations and to other States members of the specialized agencies certified copies of all annexes transmitted to him under this :section and of revised annexes transmitted under section 38. the annex placing obligations on Section 38 If, after the transmission of a final annex under section 36, any specialized agency approves any amendments thereto in accordance with its constitu- tional procedure, a revised annex; Secretary-General of the United Nations. shall be transmitted by it to the Section 39 15 20 25 30 The provisions of this Convention shall in no way limit or prejudice the privileges and immunities which have been., or may hereafter be, accorded by any State to any specialized agency by reason of the location in the territory of that State of its headquarters or regional offices. This Convention shall not be deemed to prevent the conclusion between any State party thereto and any specialized agency of supplemental agreements adjusting the provision of this Convention or extending or curtailing the privileges and immunities thereby granted. 35 Section 40 It is understood that the standard clauses, as modified by the final text of an annex sent by a specialized agency to the Secretary-General of the United Nations under section 36 (or any revised annex sent under section 38), will be consistent with the provisions of the constitutional instrument then in 40 112 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES ,4ND PRIVILEGES ACT, 2001 force of the agency in question, and that if any amendment to that of makmg the constitutional instrument is necessary for the purpose instrument so consistent, such amendment will have been brought into force in accordance with the constitutional procedure of that agency before the final (or revised) annex is transmitted. The Convention shall not itself operate so as to abrogate, or derogate from, any provisions of the constitutional instrument of any specialized agency or any rights or obligations which the agency may otherwise have, acquire, or assume. 5 10 Article XI FINAL PROVISIONS Section 41 Accession to this Convention by a Member of the United Nations and (subject to section 42) by any State member of a specialized agency shall be 15 effected by deposit with the Secretary-General of the United Nations of an instrument of accession which shall take effect on the date of its deposit. Section 42 Each specialized agency concerned shall communicate the Convention together with the relevant annexes to those of its members 20 which are not Members of the United Nations and shall invite them to accede thereto in respect of that agency b:y depositing an instrument of accession to this Convention in respect thereof either with the Secretary- General of the United Nations or with the executive head of the specialized agency. text of this 25 Section 43 Each State party to this Convention shall indicate in its instrument of accession the specialized agency or agencies in respect of which it undertakes to apply the provisions of this Convention. Each State party to this Convention may by a subsequent written notification to the Secretary- 30 General of the United Nations undertake to apply the provisions of this Convention to one or more further specialized agencies. This notification shall take effect on the date of its receipt by the Secretary-General. Section 44 This Convention shall enter into force for Convention in respect agency when it has become applicable to that agency in accordance with section 37 and the State party has undertaken to apply the provisions of the Convention to that agency in accordance with section 43. each State party of a specialized to this 35 Section 45 40 The Secretary-General of the United Nations shall inform all Members of the United Nations, as well as all members of the specialized agencies, and executive heads of the specialized agencies, of the deposit of each instrument of accession received under section 41 and of subsequent notifications received under section 43. The executive head of a specialized 45 agency shall inform the Secretary-General of United Nations and the 114 No. 22876 Act No. 37,2001 GOVERNR/[ENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 members of the agency concerned of the deposit of any instrument of accession deposited with him under section 42. Section 46 It is understood that, when an instrument of accession or a subsequent notification is deposited on behalf of any State, this State will be in a position under its own law to give effect to the terms of this Convention, as modified by the final texts of any annexes relating to the agencies covered by such accessions or notifications. Section 47 5 10

Section 13Verify source

§ 1Subject to the provisions of paragraphs 2 and 3 of this section, eachProvision

State parties must apply the Convention to covered specialized agencies, subject to paragraphs 2 and 3, until a revised convention or annex applies and is accepted.

1. Subject to the provisions of paragraphs 2 and 3 of this section, each to apply this Convention in State party to this Convention undertakes respect of each specialized agency covereal by its accession or subsequent notification, until such time as a revised convention or annex shall have become applicable to that agency and the said State shall have accepted the 15 revised convention or annex. In the case of a revised annex, the acceptance of States shall be by a notification addressed to the Secretary- General of the United Nations, which shall take effect on the date of its receipt by the Secretary-General.

Section 1Verify source

§ 2Each State party to this Convention, however, whichProvision

A State party that is not, or has stopped being, a member of a specialized agency may give written notice to withhold this Convention’s benefits from that agency.

2. Each State party to this Convention, however, which is not, or has 20 Secretary-General of the United Nations and ceased to be, a member of a specialized agency, may address a written notification to the executive head of withhold from that agency the benefits of t h s Convention as from a specified date, which shall not be earlier than three months from the date of 25 receipt of the notification. the to the effect that it intends to the agency concerned

Section 2Verify source

§ 3Each State party to this Convention may withhold the benefit of thisProvision

A State party may withhold the Convention’s benefit from a specialized agency that stops being related to the United Nations.

3. Each State party to this Convention may withhold the benefit of this Convention from any specialized agency which ceases to be in relationship with the United Nations.

Section 3Verify source

§ 4The Secretary-General of the United Nations shall inform all members 30Provision

The Secretary-General must notify States parties of notifications, convene a revision conference if one-third of States parties request it, and send copies to specified recipients.

4. The Secretary-General of the United Nations shall inform all members 30 States parties to this Convention of any notification transmitted to him under the provisions of thls section. Section 48 At the request of one-third of the States parties to this Convention, the Secretary-General of the United Nations will convene a conference with a 35 view to its revision. Section 49 The Secretary-General of the United Nations shall transmit copies of this to the Government of each Convention to each specialized agency and Member of the United Nations. 40 ANNEXES ANNEX I INTERNATIONAL LABOUR ORGANIZATION In their application to the International Labour Organization the standard clauses shall operate subject to the following provisions: 45

Section 4Verify source

§ 1Article V (other than paragraph (c) of section 13) and section 25,Substitution

The listed immunity and privilege provisions extend to specified Governing Body members, deputy members, and substitutes, but waiving a member’s immunity under section 16 must be done by the Governing Body.

1. Article V (other than paragraph (c) of section 13) and section 25, paragraphs 1 and 2 (a), of Article VI1 shall extend to the employers’ and workers’ members and deputy members of the Governing Body of the International Labour Office and their substitutes; except that any 116 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 waiver of the immunity of each such person member under section 16 shall be by the Governing Body.

Section 1Verify source

§ 2The privileges, immunities, exemptions and facilities referred to inProvision

Experts serving on Organization committees or missions must be accorded specified privileges and immunities needed for their functions; the Organization may waive an expert’s immunity in appropriate cases.

2. The privileges, immunities, exemptions and facilities referred to in to any Section 21 of the standard clauses; shall also be accorded Deputy Director-General of Assistant Director-General of the International Labour Office. the International Labour Office and any 5 3. (i) Experts (other than officials coming within the scope of article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their 10 functions, including the time s,pent on journeys in connection with service on such committees or missions: (a) Immunity from personal arrest or seizure of their personal baggage; 15 (6) In respect of words spoken or written or acts done by them in the performance of their official functions, immunity of legal procelss of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on 20 missions for, the Organization; (c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign Governments on tempo- rary (d) Inviolability of their papers and documents relating to the work on which they are engaged for the Organization. (ii) In connection with (d) of 3 (i) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable. 30 25 missions; official (iii) Privileges and immunities are granted to the experts of the Organization in the interests of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and the duty to waive the immunity of any expert in any case where impede the course of justice, and it can be waived without prejudice to the interests of the Organization. in its opinion the immunity would ANNEX I1 THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS 35 40 In their application to the Food and Agriculture Organization of the United Nations (hereinafter called ‘the Organization’) the standard clauses shall operate subject to the following provisions:

Section 2Verify source

§ 1Article V and section 25, paragraphs 1 and 2 (1) of Article VI1 shallProvision

The Chairman, Associate Member representatives, and certain experts receive specified privileges and immunities, and the Organization or its Council handles waiver in some cases.

1. Article V and section 25, paragraphs 1 and 2 (1) of Article VI1 shall extend to the Chairman of the Council of the Organization and to the 45 representatives of Associate Members, except that any waiver of the immunity of the Chairman under section 16 shall be by the Council of the Organization. 2. (i) Experts (other than officials coming within the scope of Article of, or performing missions for, the 50 VI) serving on committees Organization shall be accorded the following privileges and immunities so far as is necessary fior the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions: (a) Immunity from personal aIrest or seizure of their personal 55 baggage; (6) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every kind such immunity to continue notwithstanding that the persons concerned are no longer 60 118 No. 22876 Act No. 37,2001 G O V E M N T GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 200 1 serving on committees of, or employed on missions for, the Organization; (c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- 5 rary official missions; ( d ) Inviolability of their papers and documents relating to the work on which they are engaged for the Organization and, for the purpose of their communications with the Orga- nization, the right to use codes and correspondence by courier or in sealed bags. to receive papers or 10 (ii) In connection with (d) of 2(i) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable. 15 (iii) Privileges and immunities are granted to the experts in the interest of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and the duty to waive the immunity of any experts in any case where in its opinion the immunity would impede the course of justice, 20 and it can be waived without prejudice to the interest of the Organization. ANNEX 111 INTERNATIONAL CIVIL AVIATION ORGANIZATION The standard clauses shall operate in Aviation Organization (hereinafter called ‘the Organization’) subject to the following provisions: respect to the International Civil 25

Section 1Verify source

§ 1The privileges, immunities, exemptions and facilities referred to inProvision

Experts serving on Organization committees or missions get specified immunities and related facilities; the Organization may waive their immunity when justice requires.

1. The privileges, immunities, exemptions and facilities referred to in shall also be accorded to the section 21 of the standard clauses President of the of the 0rgani:zation. 2. (i) Experts (other than officials coming within Council the scope of Article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their time spent on functions, including the with service on such committees or missions: journeys in connection 35 30 (a) Immunity from personal arrest or seizure of their personal baggage; ( b ) Immunity from legal process from every kind in respect of words spoken or written or acts done by them in the 40 performance of their official functions, such immunity to continue notwithstanding that the persons concerned are no longer serving on conunittees of, or employed on missions for, the Organization; (c) The same facilities in respect of currency and exchange 45 restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions; (d) Inviolability of their papers and documents relating to the work on which they are engaged for the Organization. 50 (ii) In connection with (d) of 2(i) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable. (iii) Privileges and immunities are granted to the experts of the Organization in the interest of the Organization and not for the 55 personal benefit of the individuals themselves. The Organization shall have the right and the duty to waive the immunity of any 120 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 200 I DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 experts in any case where in its opinion the immunity would impede the course of prejudice to the interest of the Organization. justice, and it can be waived without ANNEX I’ir UNITED NATIONS EDUCATIONAL,, SCIENTIFIC AND CULTURAL ORGANIZATION The standard clauses Educational Scientific and Cultural Organization Organization’) subject to the following provisions: shall operate in respect to the United Nations (hereinafter called ‘the

Section 1Verify source

§ 1Article V and section 25, paragraphs 1 and 2 (I) or article VI1 shallSubstitution

This provision extends the listed immunities/privileges to the President of the Conference, Executive Board members, their substitutes, and advisers, and says the Executive Board must handle any waiver of immunity under section 16.

1. Article V and section 25, paragraphs 1 and 2 (I) or article VI1 shall extend to the the President of the Colnference and members of Executive Board of the Organization, their substitutes and advisers except that any waiver of the immunity of any such persons of the Executive Board under section 16, shall be by the Executive Board.

Section 1Verify source

§ 2The Deputy Director-General of the Organization, his spouse andProvision

The provision grants privileges and immunities to the Deputy Director-General, his spouse and minor children, and to certain experts serving on Organization committees, and it gives the Organization a duty and right to waive experts’ immunity in some cases.

2. The Deputy Director-General of the Organization, his spouse and immunities, shall also enjoy the privileges and minor children exemptions and facilities accorded to dliplomatic envoys in accordance with international law, which article VI, section 21, of the convention ensures to the executive head of each specialized agency. 5 10 15 20 3. (i) Experts (other than officials coming within the scope of Article of, or performing missions for, the VI) serving on committees Organization shall be accorded the following privileges and immunities SO far as is necessary for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions: (a) Immunity from personal arrest or seizure of their personal baggage; (b) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Organization; (c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions. 25 30 35 (ii) Privileges and immunities are granted to the experts of the Organization in the interest of the: Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and the duty 1:o waive the immunity of any experts in any case where in its opinion the immunity would impede the course of justice, and it can be waived without prejudice to the interest of the Organization. 40 45 provisions: otherwise. or INTERNATIONAL MONETARY FUND In its application to the International Monetary Fund (hereinafter called ‘the Fund’), the convention (including this annex) shall operate subject to the following

Section 2Verify source

§ 1Section 32 of the standard clausesInterpretation

Section 32 applies only to differences about the interpretation or application of immunities derived solely from the Fund’s convention.

1. Section 32 of the standard clauses shall only apply to differences the interpretation or application arising out of immunities which are derived by the Fund solely from this convention and are not included in those which it can claim under its Articles or Agreement of privileges and 50 55 122 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AM) PRIVILEGES ACT, 200 1

Section 1Verify source

§ 2The provisions of the convention (including this annex) do not modifyAmendment

The convention and its annex must not change the Fund’s Articles of Agreement or reduce the Fund’s or listed persons’ rights, immunities, privileges, or exemptions.

2. The provisions of the convention (including this annex) do not modify or amend or require the modification or amendment of the Articles of Agreement of the Fund or impair or limit any of the rights, immunities, of its privileges or exemptions conferred upon the Fund or any members, Governors, Executive Directors, alternates, officers or employees by the Articles of Agreement of the Fund, or by any statute, law or regulation political subdivision of any such member, or otherwise. of any member of the Fund or any ANNEX VI INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT 5 10 In its application to the International Bank for Development (hereinafter called ‘the Bank’), the convention (including this annex) shall operate subject to the following provisions:

Section 2Verify source

§ 1The following shall be substituted for section 4:Substitution

Members, and people acting for or claiming through members, cannot bring actions against the Bank; the Bank’s property and assets are immune from seizure, attachment, or execution before final judgment.

1. The following shall be substituted for section 4: Reconstruction and 15 ‘Actions may be brought against the Bank only in a court of competent jurisdiction in the territories of a member of the Bank in which the Bank has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. No 20 actions shall, however, be brought by members or persons acting for or deriving claims from members. The property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgement against the Bank.’ 25

Section 1Verify source

§ 2Section 32 of the standard clauses shall only applyInterpretation

Section 32 only applies to disputes about interpreting or applying Bank privileges and immunities that come solely from this convention.

2. Section 32 of the standard clauses shall only apply to differences arising out of the interpretation or application of privileges and immunities which are derived by the Bank solely from this convention and are not included in those which it can claim under its Articles of Agreement or otherwise. 30

Section 2Verify source

§ 3The provisions of the convention (including this annex) do not modifyAmendment

This provision says the convention and annex do not change the Bank’s Articles of Agreement or the immunities, privileges, and exemptions of the Bank and specified persons.

3. The provisions of the convention (including this annex) do not modify or amend or require the modification or amendment of the Articles of Agreement of the Bank or immunities, privileges or exemptions conferred upon the Bank or any of its members, Governors, Executive Directors, alternates, officers or 35 employees by the Articles of Agreement of the Bank or by any statute, law or regulation political subdivision of any such member, or otherwise. of any member of the Bank or any impair or limit any of the rights, ANNEX VI1 THE WORLD HEALTH ORGANIZATION 40 In their application to the World Health Organization (hereinafter called to the ‘the Organization’) the standard clauses shall operate subject following modifications:

Section 3Verify source

§ 1Article V and section 25, paragraphs 1 and 2 (I), of Article VI1 shallProvision

This section extends certain privileges and immunities to specified Organization officials, experts, and panel members, and gives the Board and the Organization power to waive immunity in specified cases.

1. Article V and section 25, paragraphs 1 and 2 (I), of Article VI1 shall extend to persons designated to serve on the Executive Board of the 45 Organization, their alternates and advisers, except that any waiver of the immunity of any such persons under section 16 shall be by the Board. 2. (i) Experts (other than officials coming within the scope of Article of, or performing missions VI) serving on committees Organization shall be accorded the following privileges and immunities so far as is necessary for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions: for, the 50 (a) Immunity from personal arrest or seizure of their personal 55 baggage; L 124 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNlTIES ,4ND PRIVILEGES ACT, 2001 (b) In respect of words spoken or written or acts done by them in performance of their official functions, immunity from legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Organization; (c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions; (d) Inviolability of their papers and documents. ( e ) For the purpose of their communications with the Organization, the right to use codes and to receive papers or correspondence by courier or in sealed bags. (ii) The privileges and immunities se.t forth in paragraphs (b) and ( e ) above shall be accorded to persons serving on Expert Advisory Panels of the Organization in thie exercise of their functions as such. 5 10 1s (iii) Privileges and immunities are granted to the experts of the 20 Organization in the interest of thLe Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and the duty to waive the immunity of any experts in any case where in its opinion the immunity would impede the course of justice, and it can be waived without 25 prejudice to the interest of the Organization.

Section 1Verify source

§ 3Article V and section 25, paragraphs :I and 2 (I), or Article VI1 shallProvision

The cited provisions extend to representatives of Associate Members who participate in the Organization’s work.

3. Article V and section 25, paragraphs :I and 2 (I), or Article VI1 shall extend to the representatives of Associate Members participating in the work of the Organization in accordance with Articles 8 and 47 of the Constitution.

Section 3Verify source

§ 4The privileges, immunities, exemptiolns and facilities referred to inProvision

Certain senior officials of the Organization are to receive the privileges, immunities, exemptions, and facilities listed in section 21 of the standard clauses.

4. The privileges, immunities, exemptiolns and facilities referred to in section 21 of the standard clauses shall also be accorded to any Deputy Director-General, Assistant Director-General and Regional Director of the Organization. ANNEX VI11 UNIVERSAL POSTAL UNION The standard clauses shall apply without modification. ANNEX IX 30 35 INTERNATIONAL TELECOMMUNICATIONS UNION The standard clauses shall apply without modification, except that the 40 International Telecommunication Union shall not claim for itself the enjoyment of privileges treatment with regard to the ‘Facilities in respect of communications’ provided in articles IV, section 11. ANNEX X INTERNATIONAL REFUGEE ORGANIZATION 45 The standard clauses shall apply without modification. ANNEX XI WORLD METEOROLOGICAL ORGANIZATION The standard clauses shall apply without moldification. 126 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIF‘LOMATIC IMMUNITIES A N D PRIVILEGES ACT, 2001 ANNEX XI1 INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION

Section 4Verify source

§ 1The privileges, immunities, exemptions and facilities referred to inProvision

The Organization must accord specified privileges and immunities to named officers and to experts serving on committees or missions, subject to listed conditions and exceptions.

1. The privileges, immunities, exemptions and facilities referred to in Article VI, section 21 of the standard clauses shall also be accorded to the Secretary-General of the Organization, to the Deputy Secretary- General and to the Secretary provided that the provisions of this paragraph shall not require the of tlae Maritime Safety Committee, 5 Member in whose territory the Organization has its Headquarters to 10 apply Article VI, section 21 of the standard clauses to any person who is its national. 2. (a) Experts (other than officials corning within the scope of Article VI) serving on committees of, or performing missions for, the Organization shall be accorded the following immunities so far as is necessary for the effective exercise functions, including the time spent on journeys in with service on such committees or missions: of their connection privileges and 15 (i) Immunity from personal (arrest or seizure of their personal baggage; 20 (ii) In respect of words spoken or written or acts done by them in performance of tlheir official functions, immunity from legal process immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or missions for, the 0rganin.ation; of every kind, such employed on 25 (iii) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions; (iv) Inviolability of their papers and documents relating to the work on which they are engaged for the Organization; (v) The right to use codes and to receive documents and correspondence by courier or in sealed bags for their communications with the Inter-Governmental Maritime Consultative Organizatiom. 30 35 In connection with (iv) and (v) above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable. (b) Privileges and immunities are granted to such experts in the 40 interests of the Organization and not for the personal benefit of the individuals themselves. The Organization shall have the right and duty to waive the immunity of any expert in any case where, in its opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests Organization. of the 45 ANNEX XI11 INTERNATIONAL FINANCE CORPORATION In its application called ‘the Corporation’) the Convention (including operate subject to the following provisions: to the International Finance Corporation (hereinafter this annex) shall 50

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§ 1The following shall be substituted for section 4:Substitution

Members and related claimants may not bring actions against the Corporation; the Corporation’s property and assets are immune from seizure, attachment, or execution before final judgment, and the Corporation may waive privileges and immunities on its own terms.

1. The following shall be substituted for section 4: ‘Actions may be brought against the Corporation only in a court of competent jurisdiction in the territories of a member in which the Corporation has an office, has appointed an agent for the purpose of 55 accepting service or notice of process, or has issued or guaranteed securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. The property and 128 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUMTlES AND PRIVILEGES ACT, 2001 assets of the Corporation shall, where so ever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgement against the Corpora- tion.’ Paragraph (b) of section 7 of the standard clauses shall apply to the 111, section 5 of the Articles of Corporation subject to Article Agreement of the Corporation. The Corporation in its discretion may waive any of the privileges and 2. 3. 5 immunities conferred under Articles ’VI of its Artlcles of Agreement to 10 such extent and upon such conditions as it may determine.

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§ 4Section 32 of the standard clauses shall only apply to differencesInterpretation

Section 32 applies only to certain disputes about the interpretation or application of privileges and immunities derived by the Corporation from this Convention.

4. Section 32 of the standard clauses shall only apply to differences arising out of the interpretation olr application of privileges and immunities which are derived by the: Corporation from this Conven- tion and are not included in those which it can claim under its Articles 15 of Agreement or otherwise.

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§ 5The provisions of the Convention (including this annex) do not modifyAmendment

This provision says the Convention and its annexes do not change the Corporation’s Articles of Agreement or reduce protected rights and immunities.

5. The provisions of the Convention (including this annex) do not modify or amend or require the modification or amendment of the Articles of Agreement of the Corporation or impair or limit any of the rights, immunities, privileges or exemptions conferred upon the Corporation 20 or any of its members, Governors, ]Executive Directors, Alternates, offices and employees by the Articles of Agreement of the Corpora- tion, or by any statute, law or regulation of any member of the Corporation or any political subdivision of any such member, or otherwise. 25 ANNEX XIV INTERNATIONAL DEVELOPMENT ASSOCIATION In its application to the International Development Association (hereinafter called ‘The Association’) the Convention, including this annex, shall operate subject to the following provision:;: 30

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§ 1The following shall be substituted for section 4:Substitution

Lawsuits against the Association may be brought only in certain member-country courts, members and related claimants may not sue, and the Association’s property is protected from seizure or execution until final judgment.

1. The following shall be substituted for section 4: ‘Actions may be brought against the Association only in a court of competent jurisdiction in the territories of a member in whch the Association has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed 35 securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. The property and assets of the Association shall, wheresoever located and by whomso- ever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgement against the Associa- 40 tion.’

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§ 2Section 32 of the standard clauses shall only apply to differencesInterpretation

Section 32 of the standard clauses applies only to differences about the interpretation or application of certain privileges and immunities.

2. Section 32 of the standard clauses shall only apply to differences arising out of the interpretation or application of privileges and immunities which are derived by the Association from this Conven- tion and are not included in those which it can claim under its Articles 45 of Agreement or otherwise.

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§ 3The provisions of the Convention (including this annex) do not modifyAmendment

This provision says the Convention and annex do not change the Association’s Articles of Agreement or reduce specified rights, immunities, privileges, or exemptions.

3. The provisions of the Convention (including this annex) do not modify or amend or require the modification or amendment of the Articles of Agreement of the Association or impair or limit any of the rights, immunities, privileges or exemptions conferred upon the Association 50 or any of its members, Governors, E:xecutive Directors, Alternates, offices and employees by the Articles of Agreement of the Association, or by any statute, law or regulation of any member of the Association or any political subdivision of any such member, or otherwise. 130 No. 22876 Act No. 37,2001 GOVERNA4ENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 200.1 ANNEX XV WORLD INTELLECTUAL PROPERTY ORGANIZATION application to the World Intellectual Property Organization In their (hereinafter called ‘the Organization’), the standard clause shall operate subject to the following modifications:

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§ 1The privileges, immunities, exemptions andProvision

Deputy Directors General and certain experts for the Organization are given specified privileges, immunities, exemptions, and facilities.

1. The privileges, immunities, exemptions and facilities referred to in Article VI, section 21 of the standard clauses shall also be accorded to the Deputy Directors General of the Organization. 5 2. ( a ) Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the 10 Organization shall be accorded the following privileges and immunities so far as is necessaqr for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions: 15 (i) Immunity from personal arrest or seizure of their personal baggage; (ii) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every kind, such immunity to continue 20 notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Organization; (iii) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are 25 accorded to officials of foreign governments on tempo- rary official missions; (iv) Inviolability for all papers and documents relating to the work on which they are (engaged for the Organization; (v) For their communications with the Organization, the right 30 to use codes and dence by courier or in sealed bags. to receive documents and correspon- In connection with (iv) and (v) a.bove, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable. 35 personal benefit of the individuals (b) Privileges and immunities are granted to the experts referred to in paragraph (a) above in the interests of the Organization and not for the themselves. The Organization shall have the right and duty to waive the immunity of any expert in any would impede the course of justice and it can be waived without prejudice to the interests of the Organization. case wherme, in its opinion, the immunity 40 ANNEX XVI GOVERNING COUNCIL OF THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT 45 In their application to the International Fund for Agricultural Development (hereinafter called ‘the Fund’) the standard clauses shall operate subject to the following provisions:

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§ 1The privileges, immunities, exemptions and facilities referred to inProvision

Experts serving the Organization are to receive specified privileges and immunities, and the Organization may waive an expert’s immunity when justice requires and the waiver would not harm the Organization’s interests.

1. The privileges, immunities, exemptions and facilities referred to in section 21 of the standard clauses Secretary-General of the Organization, to the any Vice-president of the Fund. shall also be accorded to the 50 2. (i) Experts (other than officials coming within the scope of Article of, or performing missions VI) serving on committees Fund shall be accorded the following privileges and immunities 55 so far as is necessary for the effective exercise of their functions, including the time spent on journeys in connection with service on such committees or missions: for the 132 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT. 2001 (a) Immunity from personal arrest or seizure of their personal baggage; (b) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every h n d , such immunity to continue 5 notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, the Fund; (c) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are 10 accorded to officials of foreign governments on tempo- rary official missions; (d) Inviolability of their papers and documents relating to the work on which they are mgaged for the Fund and, for the 15 purpose of their commun.ications with the Fund, the right to use codes and to receive papers or correspondence by courier or in sealed bags.. (ii) In connection with (d) of 2(i) above, the principle contained in the last sentence of section 12 of the standard clauses shall be 20 applicable. (iii) Privileges and immunities are granted to such experts in the interests of the Fund and not for the personal benefit of the individuals themselves. The Fund shall have the right and duty to waive the immunity of any expert in any case where, in its 25 opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Fund. ANNEX XVII UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION Industrial Development 30 United Nations In their application to the Organization (hereinafter called ‘the Organization’) the standard clauses shall operate subject to the following modifcations: 1. (a) Experts (other than officials coming within the scope of Article VI) serving as committees of, or performing missions for, the Organization shall be immunities so far as is necessary for the effective exercise of their functions, including the service on such committees or missions: journeys in connection with accorded the following privileges and 35 time on (i) Immunity from personal arrest or detention and seizure of their personal baggage; (ii) In respect of words spoken or written or acts done by them in performance of their official functions, immunity of legal process of every kind, such immunity to continue notwithstanding that the persons concerned are no longer serving on committees of, or employed on missions for, 4 5 the Organization; from 40 (iii) The same facilities in respect of currency and exchange restrictions and in respect of their personal baggage as are accorded to officials of foreign governments on tempo- rary official missions; (iv) Inviolability of their papers and documents; (v) For their communications with the Organization, the right to use codes and to receive documents and correspon- dence by courier or in sealed bags. 50 ( b ) In connection with subparagraphs (iv) and (v) of paragraph l ( a ) 55 above, the principle contained in the last sentence of section 12 of the standard clauses shall be applicable. (c) Privileges and immunities are granted to such experts of the Organization in the interests of the Organization and not for the personal benefit of the individuals themselves. The Organization 60 134 No. 22876 Act No. 37,2001 ~~ ~~ GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC AND IMMUNITIES PRIVILEGES ACT, 2001 shall have the right and duty to waive the immunity of any expert in any case where, in its opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the Organization.

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§ 2The privileges, immunities, exemptions andProvision

Any Deputy Director-General of the Organization is entitled to the privileges, immunities, exemptions, and facilities referred to in section 21 of the standard clauses.

2. The privileges, immunities, exemptions and facilities referred to in section 21 of the standard clauses shall also be accorded to any Deputy Director-General of the Organization. 5

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Part

Schedule 1

§ 1The functions of a diplomatic mission consist, inter alia, in:Provision

This provision lists the functions of a diplomatic mission.

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; 5 (c) negotiating with the Government of the receiving State; (d) ascertaining by all lawful means conditions and developments in the to the Government of the receiving State, and reporting thereon sending State; ( e ) promoting friendly relations between the sending State and the 10 receiving State, and developing their economic, cultural and scientific relations.

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§ 2Nothing in the present Convention shall be construed as preventing theProvision

A diplomatic mission may perform consular functions; the Convention should not be read as blocking that.

2. Nothing in the present Convention shall be construed as preventing the performance of consular functions by a diplomatic mission. Article 4

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§ 1The sending State must make certain that the agrkment of the receivingProvision

The sending State must ensure the receiving State has given agreement before accrediting a person as head of mission.

1. The sending State must make certain that the agrkment of the receiving State has been given for the person it proposes to accredit as head of the mission to that State.

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§ 2The receiving State is not obliged to give reasons to the sending StateProvision

The receiving State does not have to give the sending State reasons for refusing agrkment.

2. The receiving State is not obliged to give reasons to the sending State for a refusal of agrkment. Article 5

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§ 1The sending State may, after it has given due notification to theProvision

The sending State may accredit or assign a diplomatic head of mission or staff member to more than one State, if it gives due notification and no receiving State expressly objects.

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. 15 20 25

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§ 2If the sending State accredits a head of mission to one or more otherProvision

If the sending State accredits a head of mission to other States, it may establish a diplomatic mission headed by a charge d'affaires ad interim in each State where that head of mission does not have a permanent seat.

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.

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§ 3A head of mission or any member of the diplomatic staff of the mission 30Provision

Certain diplomatic mission officials may represent the sending State, and the sending State may appoint mission staff, subject to stated limits.

3. A head of mission or any member of the diplomatic staff of the mission 30 may act as representative of the sending State organization. to any international Article 6 Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State. 35 Article 7 Subject to the provisions of Articles 5,8,9 and 11, the sending State may the mission. In the case of freely appoint the members of the staff of military, naval or air attach&, the receiving State may require their names for its approval. beforehand, be to submitted 40 Article 8

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§ 1Members of the diplomatic staff of the mission should in principle beProvision

Members of the diplomatic staff of the mission should, in principle, be nationals of the sending State.

1. Members of the diplomatic staff of the mission should in principle be of the nationality of the sending State.

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§ 2Members of the diplomatic staff of the mission may not be appointedProvision

Members of the mission’s diplomatic staff may not be appointed from among people who are nationals of the receiving State, unless that State consents.

2 . Members of the diplomatic staff of the mission may not be appointed from among persons having the nationality of the receiving State, except 45 with the consent of that State which may be withdrawn at any time.

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§ 3The receiving State may reserve the same right with regard to nationalsProvision

The receiving State may reserve the same right for nationals of a third State, so long as they are not also nationals of the sending State.

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. L 18 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEIvlBER 2001 DIPLOMATIC IMMUNITIES AND PRIVEEGES ACT, 2001 Article 9

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§ 1The receiving State may at any time and without having to explain itsProvision

The receiving State may notify the sending State that a mission head or diplomatic staff member is persona non grata or not acceptable, and the sending State must then recall the person or end their mission functions.

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. 5

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§ 2If the sending State refuses or fails within a reasonable period to carry 10Provision

If the sending State does not carry out its obligations within a reasonable period, the receiving State may refuse to recognize the person concerned as a member of the mission.

2. If the sending State refuses or fails within a reasonable period to carry 10 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 1.0

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§ 1The Ministry for Foreign Affairs of the receiving State, or such otherProvision

The receiving State’s foreign ministry, or another agreed ministry, is to be notified about specified mission-related appointments, arrivals, departures, and changes in family or servant status.

1. The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall (a) the appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission; be notified of 15 (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 20 becomes or ceases to be a member of the family of a member of the mission; 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; 25 (c) (d) the engagement and discharge of persons resident State as members of the mission or private servants privileges and immunities. in the receiving entitled to 30 given. also be

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§ 2Where possible, prior notification of arrival and final departure shallProvision

Where possible, prior notification of arrival and final departure is to be given.

2. Where possible, prior notification of arrival and final departure shall Article 11

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§ 1In the absence of specific agreement as to the size of the mission, theProvision

If there is no specific agreement on mission size, the receiving State may require the mission to stay within limits it considers reasonable and normal.

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 circum- stances and particular mission. the receiving State and to the needs of the 35 conditions in

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§ 2The receiving State may equally, ,within similar bounds and on aProvision

The receiving State may refuse certain officials on similar, non-discriminatory terms, and the sending State may not set up mission offices in other localities without the receiving State’s prior express consent.

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 40 receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established. Article 13

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§ 1The head of the mission is Considered as having taken up his functionsProvision

The head of mission is treated as having taken up functions in the receiving State when credentials are presented, or when arrival is notified and a true copy of the credentials is delivered to the foreign affairs ministry or another agreed ministry.

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 45 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. 20 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001

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§ 2The order of presentation of credentials or of a true copy thereof willProvision

The order of presenting credentials or a true copy is determined by when the head of mission arrives.

2. The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the mission. Article 14

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§ 1Heads of mission are divided into three classes, namely:Provision

This provision divides heads of mission into three classes.

1. Heads of mission are divided into three classes, namely: (a) that of ambassadors or nuncios accredited to Heads of State, and other 5 heads of mission of equivalent radc; (b) that of envoys, ministers and intetmuncios accredited to Heads of (c) State; that of chargCs d’affaires accredited to Ministers for Foreign Affairs. concerns precedence ,and etiquette, there shall be no

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§ 2Except asProvision

States must agree on the class assigned to heads of mission.

2. Except as 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. I O 15 Article 16

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§ 1Heads of mission shall take precedence in their respective classes inProvision

Heads of mission must take precedence within their classes based on the date and time they took up their functions.

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.

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§ 2Alterations in the credentials of a head of mission not involving any 20Provision

Changes in a head of mission’s credentials that do not involve a change of class do not affect precedence.

2. Alterations in the credentials of a head of mission not involving any 20 change of class shall not affect his precedence.

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§ 3This article is without prejudice l:o any practice accepted by theSubstitution

This article preserves any accepted practice in the receiving State about the Holy See representative’s precedence, requires the head of mission to notify diplomatic staff precedence to the foreign affairs ministry (or agreed substitute ministry), and says the reception procedure for heads of mission must be uniform within each class.

3. This article is without prejudice l:o any practice accepted by the receiving State regarding the precedence of the representative of the Holy See. Article 1’7 25 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 30 mission shall be uniform in respect of each class. Article 19

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§ 1If the post of head of the mission is va.cant, or if the head of the missionProvision

If the head of the mission post is vacant or the head of mission cannot act, a chargé d’affaires ad interim acts provisionally as head of mission.

1. If the post of head of the mission is va.cant, or if the head of the mission is unable to perform his functions, a chargC d’affaires ad interim shall act provisionally as head of the mission. The name of the chargt d’affaires ad 35 interim shall be notified, either by the hea.d 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.

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§ 2In cases where no member of the diplomatic staff of the mission is 40Provision

If no diplomatic staff member is present in the receiving State, the sending State may, with the receiving State’s consent, designate an administrative and technical staff member to handle the mission’s current administrative affairs. The mission and its head also have the right to use the sending State’s flag and emblem on mission premises, the head’s residence, and transport.

2. In cases where no member of the diplomatic staff of the mission is 40 present in the receiving State, a member of the administrative and technical staff may, with the consent of the receiving State, be designated by the sending State to be in charge of the current administrative affairs of the mission. 22 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, NOVEMBER 29 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 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 2 1 5

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§ 1The receiving State shall either facilitate the acquisition on its temtory.Provision

The receiving State must help the sending State get premises for its mission or other accommodation, in line with its laws.

1. The receiving State shall either facilitate the acquisition on its temtory. 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.

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§ 2It shall also, where necessary, assist missions in obtaining suitableProvision

It shall, where necessary, assist missions in obtaining suitable accommodation for their members.

2. It shall also, where necessary, assist missions in obtaining suitable 10 accommodation for their members. Article 22

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§ 1The premises of the mission shall be inviolable. The agents of theProvision

The receiving State’s agents must not enter the mission premises unless the head of mission consents.

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.

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§ 2The receiving State is under a special duty to take all appropriate stepsProvision

The receiving State must take appropriate steps to protect mission premises from intrusion or damage and to prevent disturbance of the mission’s peace or impairment of its dignity.

2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission agannst any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.

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§ 3The premises of the mission, their furnishings and other propertyProvision

The mission’s premises, furnishings, other property there, and transport are immune from search, requisition, attachment, and execution.

3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. 15 20 Article 23

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§ 1The sending State and the head of the mission shall be exempt from allProvision

The sending State and the head of the mission are exempt from national, regional, and municipal dues and taxes for mission premises, except charges for specific services rendered.

1. The sending State and the head of the mission shall be exempt from all national, 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. 25

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§ 2The exemption from taxation referred to in this Article shall not applyProvision

The Article’s tax exemption does not cover certain dues and taxes owed under the receiving State’s law.

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. 30 Article 24 The archives and documents of the mission shall be inviolable at any time and wherever they may be. Article 25 35 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 temtory. 40 Article 27

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§ 1The receiving State shall permit and .protect free communication onProvision

The receiving State must allow the mission to communicate freely for official purposes, and the mission may use couriers or coded messages; wireless transmitters need the receiving State’s consent.

1. The receiving State shall permit and .protect free communication on the part of the mission for all official purpo:ses. In communicating with the Government and the other missions and consulates of the sending State, wherever situated, the mission may employ including diplomatic couriers and messages in code or cipher. However, the all appropriate means, 45 24 No. 22876 Act No. 37,2001 GOVElUiMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 mission may install and use a wireless transmitter only with the consent of the receiving State.

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§ 2The official correspondence of the mission shall be inviolable. OfficialProvision

The mission’s official correspondence must be treated as inviolable.

2 . The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions. 5

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§ 3The diplomatic bag shall not be opened or detained.Provision

The diplomatic bag must not be opened or detained.

3. The diplomatic bag shall not be opened or detained.

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§ 4The packages constitutingProvision

Packages in the diplomatic bag must have external marks showing their character and may contain only diplomatic documents or articles for official use.

4. The packages constituting the diplomatic bag must bear external marks of their character and may contain only diplomatic documents or articles intended for official use. visible

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§ 5The diplomatic courier, who shall be provided with anProvision

The receiving State must protect the diplomatic courier while he performs his functions, and the courier has personal inviolability and cannot be arrested or detained.

5. The diplomatic courier, who shall be provided with an official 10 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.

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§ 6The sending State or the mission may designate diplomatic couriers ad 15Provision

The sending State or the mission may designate diplomatic couriers ad hoc, and the related paragraph 5 rules apply; however, the immunities mentioned there stop applying once the courier delivers the diplomatic bag to the consignee.

6. The sending State or the mission may designate diplomatic couriers ad 15 hoc. In such cases the provisions of par,agraph 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.

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§ 7A diplomatic bag mayProvision

A diplomatic bag may be given to a commercial aircraft captain at an authorized port of entry; the mission may also send a member to collect it. Mission fees and charges for official duties are exempt from dues and taxes, and a diplomatic agent must be treated respectfully and not arrested or detained.

7. A diplomatic bag may be entrusted to the captain of a commercial 20 aircraft scheduled to land at an authorized port of entry. He shall be the number of packages provided with an 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. official document indiicating 25 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

Section 7Verify source

§ 1The private residence of a diplom,%tic agent shall enjoy the sameProvision

A diplomatic agent’s private residence has the same inviolability and protection as the mission premises.

1. The private residence of a diplom,%tic agent shall enjoy the same inviolability and protection as the premises of the mission.

Section 1Verify source

§ 2His papers, correspondence and, except as provided in paragraph 3 ofProvision

His papers and correspondence, and property except as provided in paragraph 3 of Article 3, are to enjoy inviolability.

2. His papers, correspondence and, except as provided in paragraph 3 of Article 3 1, his property, shall likewise enjoy inviolability. Article 3 1 30 35 40

Section 2Verify source

§ 1A diplomatic agent shall enjoy immunity from the criminal jurisdictionProvision

A diplomatic agent has immunity from criminal jurisdiction, and also from civil and administrative jurisdiction, with listed exceptions.

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 territory of the receiving State, un1e:ss he holds it on behalf of the for sending State (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; purposes of the mission; situated in the the 45 (c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the functions. receiving State outside his official 50

Section 1Verify source

§ 2A diplomatic agent is not obliged to give evidence as a witness.Provision

A diplomatic agent does not have to give evidence as a witness.

2. A diplomatic agent is not obliged to give evidence as a witness. 26 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC AND IMMUNITIES; PRIVILEGES ACT, 2001 ~~ ~

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§ 3No measures of execution may be takenProvision

Measures of execution may not be taken against a diplomatic agent, except in the cases listed and only if the measures do not infringe the agent’s residence or personal inviolability.

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 (cj of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing of his residence. the inviollability of his person or 5

Section 3Verify source

§ 4The immunity of a diplomatic ag;ent fromProvision

A diplomatic agent’s immunity from the receiving State does not remove jurisdiction of the sending State.

4. The immunity of a diplomatic ag;ent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. Article 32

Section 4Verify source

§ 1The immunity from jurisdiction of diplomatic agents and of persons 10Provision

The sending State may waive the immunity from jurisdiction of diplomatic agents and certain persons covered by Article 37.

1. The immunity from jurisdiction of diplomatic agents and of persons 10 enjoying immunity under Article 37 may be waived by the sending State.

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§ 2Waiver must always be express.Provision

A waiver must always be express.

2. Waiver must always be express.

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§ 3The initiation of proceedings by a diplomatic agent or by a personProvision

If a diplomatic agent or an immune person starts proceedings, they cannot invoke immunity from jurisdiction for a counter-claim directly connected to the main claim.

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 15 directly connected with the principal claim.

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§ 4Waiver of immunityProvision

A waiver of immunity for civil or administrative proceedings does not automatically waive immunity for enforcing the judgment; a separate waiver is needed.

4. Waiver of immunity in respect of civil or from jurisdiction administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgement, for which a separate waiver shall be 20 Article 33 necessary.

Section 4Verify source

§ 1Subject to the provisions of paragrajph 3 of this Article, a diplomaticProvision

A diplomatic agent of the sending State is exempt from the receiving State’s social security provisions for services rendered, subject to paragraph 3.

1. Subject to the provisions of paragrajph 3 of this Article, a diplomatic for the sending State be agent shall with respect to services rendered exempt from social security provisions which may be receiving State. in force in the 25

Section 1Verify source

§ 2The exemption provided for in paragraph 1 of this Article shall alsoProvision

The exemption in paragraph 1 also applies to private servants employed solely by a diplomatic agent if they are not nationals or permanent residents of the receiving State and are covered by social security rules in the sending State or a third 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 30 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.

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§ 3A diplomatic agent who employs persons to whom the exemptionProvision

A diplomatic agent who employs certain persons must follow the receiving State’s social security provisions that apply to employers.

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 35 obligations which impose upon employers. the social security provisions of the receiving State

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§ 4The exemption provided for in paragraphs 1 and 2 of this Article shallProvision

The exemption does not stop voluntary participation in the receiving State’s social security system if that State allows it.

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. 40

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§ 5The provisions of this Article shall not affect bilateral or multilateralProvision

This Article does not affect earlier bilateral or multilateral social security agreements and does not stop new ones being made.

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 45 real, national, regional or municipal, except: indirect taxes of a kind which are normally incorporated in the price of goods or services; 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 50 for the purposes of the mission; estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39; dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertak- 55 ings in the receiving State; charges levied for specific services rendered; 28 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES P,ND PRIVILEGES ACT, 2001 ' cf) 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 personal services, from all public service of any kinld whatsoever, and from military obligations such as those connected with requisitioning, military contribu- tions and billeting. 5 Article 36

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§ 1The receiving State shall, in accordance with suchProvision

The receiving State must let in and exempt certain mission- and diplomatic-use articles from customs duties, taxes, and related charges, except storage, cartage, and similar service charges.

1. The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all 10 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 15 his establishment.

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§ 2The personal baggage of a diplomatic agent shall be exempt fromProvision

A diplomatic agent’s personal baggage is generally exempt from inspection, except where there are serious grounds to suspect prohibited or non-exempt articles.

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 20 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 25

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§ 1The members of the family of a diplolmatic agent forming part of hisProvision

Family members of a diplomatic agent who form part of his household may enjoy the privileges and immunities in Articles 29 to 36 if they are not nationals of the receiving State.

1. The members of the family of a diplolmatic 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.

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§ 2Members ofProvision

Certain mission staff and their family members get specified privileges and immunities if they are not nationals of, or permanently resident in, the receiving State.

2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective 30 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 3 1 shall not extend to acts performed outside the course of their duties. They shall also enjoy the 35 privileges specified in Article imported at the time of first installation. 36, paragraph 1, in respect of articles

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§ 3Members of the service staff of the mission who are not nationals of orProvision

Certain mission service staff who are not nationals or permanent residents of the receiving State are entitled to immunity and tax/dues exemptions for duties and employment emoluments.

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 40 taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33.

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§ 4Private servants of members of the mission shall, if they are notProvision

Certain private servants of mission members are exempt from employment dues and taxes if they are not nationals or permanent residents of the receiving State.

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 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. the emoluments they receive by reason of their 45 30 No. 22876 Act No. 37,2001 GOVERNMENT GAZETIE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT. 2001 Article 38

Section 4Verify source

§ 1Except insofar as additional privileges and immunities may be grantedProvision

A diplomatic agent who is a national of, or permanently resident in, the receiving State is entitled only to immunity for official acts done in the exercise of functions, unless additional privileges and immunities are granted.

1. Except insofar as additional privileges and immunities may be granted national of or by the receiving State, a permanently resident from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions. diplomatic agent who is a enjoy only immunity in that State shall 5

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§ 2Other members of the staff of the mission and private servants who areProvision

Some mission staff and private servants resident in the receiving State have immunities only to the extent the receiving State allows, and the receiving State must exercise jurisdiction without unduly interfering with mission functions.

2. Other members of the staff of the mission and private servants who are resident in the receiving State shall enjoy immunities only to the extent admitted by the receiving nationals of or permanently privileges and State. However, the receiving State must exercise its jurisdiction over those 10 persons in such a manner as not to interfere unduly with the performance of the functions of the mission. Article 39

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§ 1Every person entitled to privileges and immunities shall enjoy themProvision

A person entitled to privileges and immunities may enjoy them once they enter the receiving State to take up post, or once their appointment is notified if they are already there.

1. Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding 15 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.

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§ 2When the functions of a person enjoying privileges and immunitiesProvision

Privileges and immunities normally end when the person leaves the country or after a reasonable time to leave, but they continue until then, even during armed conflict; immunity also continues for official mission acts.

2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease 20 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 25 continue to subsist.

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§ 3In case of the death of a member of the mission, the members of hisProvision

Family members of a deceased mission member keep their privileges and immunities for a reasonable time to leave the country, and the receiving State must allow withdrawal of the deceased’s movable property, subject to an export-prohibition exception.

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. 30 4. ln 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 35 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 40

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§ 1If a diplomatic agent passes through or is in the territory of a thirdProvision

A third State must give a diplomatic agent inviolability and any other immunities needed for transit or return, including for certain family members.

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 45 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.

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§ 2In circumstancesProvision

Third States must not hinder the passage of a mission’s administrative, technical, or service staff, or their family members, through their territories.

2. In circumstances similar to those specified in paragraph 1 of this Article, third States shall not hinder the passage administrative and technical or service st& of a mission, and of members of their families, through their territories. of members of the 50

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§ 3Third States shall accord to official correspondence and other officialProvision

Third States must give official correspondence, official communications, diplomatic couriers, and diplomatic bags in transit the same freedom, protection, and inviolability that the receiving State provides.

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 55 accord to diplomatic couriers, who have been granted a passport visa if such 32 No. 22876 Act No. 37,2001 GOVERNMENT GAZETIE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES fiND PRIVILEGES ACT, 2001 visa was necessary, and diplomatic bags in transit the same inviolability and protection as the receiving State is bound to accord.

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§ 4The obligations of third States under paragraphs 1, 2 and 3 of thisProvision

Third States must also apply the obligations in paragraphs 1 to 3 to the listed persons, official communications, and diplomatic bags when their presence in the third State is due to force majeure.

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 temtory of the third State is due to force majeure. 5 Article 41

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§ 1Without prejudice to their privileges imd immunities, it is the duty ofProvision

People enjoying privileges and immunities must respect the receiving State’s laws and regulations and must not interfere in its internal affairs.

1. Without prejudice to their privileges imd 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 10 the internal affairs of that State.

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§ 2All official business with the receiving State entrusted to the missionProvision

Official business entrusted to the mission by the sending State must be conducted with or through the receiving State’s foreign affairs ministry, or another ministry agreed by the parties.

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.

Section 2Verify source

§ 3The premises of the mission must not beProvision

The mission premises cannot be used in a way that conflicts with the mission’s functions; the receiving State must also protect mission premises and help protected persons leave when needed.

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 15 20 25 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. 30 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 35 moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselvels 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 40 mission, together with its property and archves, to a third State 45 acceptable to the receiving State; the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State. (c) ... 34 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES .4ND PRIVILEGES ACT, 2001 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 its nationals. Article 47' 5

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§ 1In the application of the provisions of the present Convention, theProvision

The receiving State must not discriminate between States when applying the Convention’s provisions.

1. In the application of the provisions of the present Convention, the receiving State shall not discriminate as between States.

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§ 2However, discrimination shall not be regarded as taking place:Provision

This provision says certain treatment is not to be counted as discrimination in two listed situations.

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; 10 (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 15 The present Convention 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 for signature by shall be open 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. 20 Article 49 The present Convention ratification shall be deposited with Nations. is subject to ratification. The instruments of the Secretary-General of the United 25 Article 50 The present Convention shall remain open for accession by any State in Article 48. The belonging to any of the four categories mentioned instruments of accession shall be deposited with the Secretary-General of the United Nations. 30 Article 5 1

Section 2Verify source

§ 1The present ConventionProvision

The Convention enters into force on the thirtieth day after the 22nd instrument of ratification or accession is deposited with the UN Secretary-General.

1. The present Convention day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations. shall enter into force on the thirtieth

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§ 2For each State ratifying or acceding to the Convention after the depositProvision

The Convention enters into force for later ratifying or acceding States 30 days after their deposit, and the UN Secretary-General must notify States and distribute certified copies.

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Part

Schedule 2

§ 1For the purposes of the present Convention, the following expressionsProvision

This section defines several consular terms used in the Convention.

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-consu- 5 late or consular agency; (b) ‘consular district’ means the area assigned to a consular post for the fc) exercise of consular functions; ‘head of consular post’ means the person charged with the duty of acting in that capacity; 10 (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 administra- 15 cf) tive or technical service of a consular post; ‘member of the service staff means any person employed domestic service of a consular post; in the (g) ‘members of the consular post’ means consular officers, consular employees and members of the service staff, (i) (h) ‘members of the consular staff me.ans consular officers, other than the head of a consular post, consular employees and members of the service staff ‘member of the private staff means a person who exclusively in the private service of a member of the consular post; ‘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; is employed (j) 20 25 ( k ) ‘consular archives’ includes all the papers, documents, correspon- dence, books, films, tapes and registers of the consular post, together 30 with the ciphers and codes, the card-indexes and any furniture intended for their protection or safekeeping. article of

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§ 2Consular officers are of two categories, namely career consular officersProvision

This section says consular officers are either career consular officers or honorary consular officers.

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 35 provisions of Chapter consular officers. 111 govern consular posts headed by honorary

Section 2Verify source

§ 3The particular status of members of the consular posts who areProvision

This section says the status of consular post members who are nationals or permanent residents of the receiving State is governed by Article 71.

3. The particular status of members of the consular posts who are nationals or permanent residents of the xeceiving State is governed by Article 71 of the present Convention. 40 CHAPTER t CONSULAR RELATIONS IN GENERAL SECTION I ESTABLISHMENT AND CONDUCT O:F CONSULAR RELATIONS Article 2 45 Establishment of consular relations

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Part

CHAPTER t

§ 1The establishment of consular relations between States takes place byProvision

Consular relations between States are established by mutual consent.

1. The establishment of consular relations between States takes place by mutual consent. 40 No. 22876 Act No. 37,2001 GOVERNMENT GAZE'lTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES PRIVILEGES ACT, 200:l

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§ 2The consent given to the establishment of diplomatic relationsProvision

Consent to establish diplomatic relations also counts as consent to establish consular relations, unless stated otherwise.

2. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations.

Section 2Verify source

§ 3The severance of diplomatic relations shall not ipso facto involve theProvision

Severing diplomatic relations does not automatically sever consular relations. Consular functions are exercised by consular posts, and diplomatic missions may also exercise them under the provision’s terms.

3. The severance of diplomatic relations shall not ipso facto involve the severance of consular relations. 5 Article 3 Exercise of consulor finctions Convention. Consular functions are exercised by consular posts. They are also exercised by diplomatic missions in accordance with the provisions of the present 10 Article 4 Establishment of a consular post

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§ 1A consular post may be established in the temtory of the receivingProvision

A consular post may be established in the receiving State only with that State’s consent.

1. A consular post may be established in the temtory of the receiving State only with that State's consent.

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§ 2The seat of the consular post, its classification and the consular district 15Provision

The sending State must establish the seat, classification, and consular district of the consular post, and this is subject to the receiving State’s approval.

2. The seat of the consular post, its classification and the consular district 15 shall be established by the sending State and shall be subject to the approval of the receiving State.

Section 2Verify source

§ 3Subsequent changes in the seat of the consular post, its classification orProvision

The sending State may change the consular post’s seat, classification, or district only if the receiving State consents.

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. 20

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§ 4The consent of the receiving State shall also be required if aProvision

A vice-consulate, consulate-general, or consulate needs the receiving State’s consent before opening a consular agency in another locality.

4. The consent of the receiving State shall also be required if a to open a vice-consulate or a consulate-general or a consulate desires consular agency in a locality other than tha.t in which it is itself established.

Section 4Verify source

§ 5The prior express consent of the receiving State shall also be requiredProvision

The receiving State’s prior express consent is required to open an office elsewhere than at the consular post’s seat.

5. The prior express consent of the receiving State shall also be required for the opening of an office elsewhere than at the seat thereof. forming part of an existing consular post 25 Article 5 Consular functions Consular functions consist in: protecting in the receiving State the interests of the sending State and 30 of its nationals, both individuals and bodies corporate, within the limits permitted by international law; 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 accor- 35 dance with the provisions of the present Convention; 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; issuing passports and travel documents to nationals of the sending State, and visas or appropriate docume.nts to persons wishing to travel to the sending State; helping and assisting nationals, both individuals and bodies corporate, of the 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; safeguarding the interests of nationals, both individuals and bodies 50 corporate, of the sending State in cases of succession mortis causa in the temtory of the receiving State, in accordance with the laws and regulations of the receiving State; State; 45 40 sending 42 No. 22876 Act No. 37,2001 ( h ) GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES PRIVILEGES ACT, 2001 5 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; receiving subject to the practices and procedures obtaining in the State, representing or arranging appropriate representation for nation- als 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 10 the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests; transmitting judicial and extrajudicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending 15 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; exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having 20 the nationality of the sending State,, and of aircraft registered in that State, and in respect of their crews; 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 25 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 authorized by the laws and regulations of the sending State; 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 oibjection is taken by the receiving State or which are referred to in the international agreements in force between sending State and the receiving State. so far as this may be the 30 35 Article 6 Exercise of consularfunctions ou.tside 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 40 Exercise of consularfunctions 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. 45 44 No. 22876 Act No. 37,2001 GOVERNMENT G A Z E n E , 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES PRIVLEGES ACT, 2001 Article 8 Exercise of consular@nctions 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 5 functions in the receiving State on behalf of a third State. Article 9 Classes of heads of consular posts

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§ 1Heads of consular posts are divided into four classes, namely:Provision

Heads of consular posts are grouped into four classes: consuls-general, consuls, vice-consuls, and consular agents.

1. Heads of consular posts are divided into four classes, namely: (a) consuls-general; (6) consuls; (c) vice-consuls; (d) consular agents. 10

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§ 2Paragraph 1 of this Article in no way restricts the right of any of theProvision

Contracting Parties keep the right to set which consular officers are designated, other than heads of consular posts.

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. 15 Article 10 Appointment and admission of heads of consular posts

Section 2Verify source

§ 1Heads of consular posts are appointed by the sending State and areProvision

Heads of consular posts are appointed by the sending State and admitted to exercise their functions by the receiving State.

1. Heads of consular posts are appointed by the sending State and are admitted to the exercise of their functions by the receiving State.

Section 1Verify source

§ 2Subject to the provisions of the present Convention, the formalities for 20Provision

Subject to the Convention, the formalities for appointing and admitting the head of a consular post are set by the laws, regulations, and usages of the sending and receiving States.

2. Subject to the provisions of the present Convention, the formalities for 20 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 notijication of appointment 25

Section 2Verify source

§ 1The head of a consular post shall be provided by the sending State withProvision

The sending State must provide the head of a consular post with an appointment document.

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, rhe consular district and the seat of the consular

Section 1Verify source

§ 2The sending State shall transmit the commission or similar instrumentProvision

The sending State must transmit the commission or similar instrument through the diplomatic or other appropriate channel.

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.

Section 2Verify source

§ 3If the receiving State agrees, theProvision

If the receiving State agrees, the sending State may send a notification instead of a commission or similar instrument.

3. If the receiving State agrees, the sending State may, instead of a 35 commission or similar instrument, send to the receiving State a notification containing the particulars required by paragraph 1 of thls Article. Article 12 The exequatur

Section 3Verify source

§ 1The head of a consular post is admitted to the exercise of his functions 40Provision

The head of a consular post may exercise his functions only when authorized by the receiving State through an exequatur.

1. The head of a consular post is admitted to the exercise of his functions 40 by an authorization from the receiving State termed an exequatur, whatever the form of this authorization.

Section 1Verify source

§ 2A State which refuses to grant an exequatur is not obliged to give to theProvision

If a State refuses to grant an exequatur, it does not have to give the sending State reasons for the refusal.

2. A State which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal. 30 post. GOVERNMEaVT 22876 46 No. Act No. 37,2001 GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001

Section 2Verify source

§ 3Subject to the provisions of Articles 13 and 15, the head of a consularProvision

A head of a consular post must not start duties until receiving an exequatur, but may be admitted provisionally while it is pending.

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 head's 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. 5 Article 14 NotiJication 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 ofEice and to have the 'benefit of the provisions of the present Convention. 10 15 Article 15 Temporary exercise of the functions of the head of a consular post

Section 3Verify source

§ 1If the head of a consular post is unable to carry out his functions or theProvision

If the head of a consular post cannot act or the post is vacant, an acting head of post may act provisionally.

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.

Section 1Verify source

§ 2The full name of the acting head of post shall be notified either by theProvision

The acting head of post’s full name must be notified to the receiving State’s foreign affairs authority, generally in advance.

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 con:sent. 20 25

Section 2Verify source

§ 3The competent authorities of the receiving State shall af€ord assistanceProvision

The receiving State’s competent authorities must provide assistance and protection to the acting head of post.

3. The competent authorities of the receiving State shall af€ord 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. 30 35

Section 3Verify source

§ 4When, in the circumstances referred to in paragraph 1 of this Article,Provision

A designated diplomatic staff member may keep diplomatic privileges and immunities if the receiving State does not object.

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 immunitiies. 40 Article 16 Precedence as between heads cf consular posts

Section 4Verify source

§ 1Heads of consular posts shall rank in ea.ch class according to the dateProvision

Heads of consular posts must rank within each class based on the date the exequatur was granted.

1. Heads of consular posts shall rank in ea.ch class according to the date of the grant of the exequatur. 45 48 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES PRIVILEGES ACT, 20081

Section 1Verify source

§ 2If, however, the head of a consular post before obtaining the exequaturProvision

If a head of a consular post is provisionally admitted before getting the exequatur, precedence is set by the date of that provisional admission.

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.

Section 2Verify source

§ 3The order of precedence as between two or more heads of consularProvision

If two or more heads of consular posts got exequatur or provisional admission on the same day, their precedence is decided by when their commissions or similar documents were presented to the receiving State.

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 dat'es on whch their commissions or similar instruments or the notifications re:ferred to in paragraph 3 of Article 11 were presented to the receiving State. 5

Section 3Verify source

§ 4Acting heads of posts shall rank after all heads of consular posts and, 10Provision

Acting heads of posts must rank after all heads of consular posts, and among themselves by the dates they assumed their functions as acting heads.

4. Acting heads of posts shall rank after all heads of consular posts and, 10 as between themselves, they shall rank according to the dates on which they assumed their functions as acting heads notifications given under paragraph 2 of Article 15. of posts as indicated in the

Section 4Verify source

§ 5Honorary consular officers who are heads of consular posts shall rankProvision

Honorary consular officers who are heads of consular posts must rank after career heads of consular posts in each class.

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 15 to the rules laid down in the foregoing paragraphs.

Section 5Verify source

§ 6Heads of consular posts shall have precedence over consular officersProvision

Heads of consular posts have precedence over consular officers who do not have that status.

6. Heads of consular posts shall have precedence over consular officers not having that status. Article 17 Peqorrnance of diplomatic acts by consular oficers 20

Section 6Verify source

§ 1In a State where the sending State ha!; no diplomatic mission and is notProvision

A consular officer may be authorized to perform diplomatic acts with the receiving State’s consent, if the sending State has no diplomatic mission or third-State representation; this does not give a right to claim diplomatic privileges and immunities.

1. In a State where the sending State ha!; no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorized to perform diplomatic acts. The performance of such acts by a consular officer diplomatic privileges and immunities. shall not confer upon him any right to claim 25

Section 1Verify source

§ 2A consular officer may, after notification addressed to the receivingProvision

A consular officer may, after notifying the receiving State, act as representative of the sending State to an inter-governmental organization and, when doing so, is entitled to certain 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 tional law or by performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than tlhat to which a consular officer is entitled under the present Convention. to such a representative by customary interna- 30 international agreements; however, in respect of the Article 18 35 Appointment of the same person by two or more states as a consular oficer 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 40

Section 2Verify source

§ 1Subject to the provisions of Articles 20, 22 and 23, the sending StateProvision

The sending State may freely appoint members of the consular staff, subject to Articles 20, 22 and 23.

1. Subject to the provisions of Articles 20, 22 and 23, the sending State may freely appoint the members of the consular staff.

Section 1Verify source

§ 2The full name, category and class of all consular officers, other than theProvision

The receiving State must notify the relevant consular-officer details in time for the sending State to exercise its rights under Article 23(3).

2. The full name, category and class of all consular officers, other than the to the head of a consular post, shall be notified by the receiving State in sufficient time for the receiving State, if it so wishes, to 45 exercise its rights under paragraph 3 of Article 23. sending State

Section 2Verify source

§ 3The sending State may, if required by its laws and regulations, requestProvision

The sending State may ask the receiving State to grant an exequatur to a consular officer other than the head of a consular post, if its laws and regulations require it.

3. The sending State may, if required by its laws and regulations, request the receiving State to grant an exequatur to a consular officer other than the head of a consular post. 50 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIF’LOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001

Section 3Verify source

§ 4The receiving State may, if required by its laws and regulations, grantProvision

The receiving State may grant an exequatur to a consular officer, may limit consular staff size in some cases, and the sending State’s mission or consular post head must notify precedence changes.

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 staf In the absence of an express agreement as to the size of the consular staff, the receiving State may require that the sizlz of the staff be kept within limits to circum- considered by it to be reasonable and normal, having regard stances and conditions in the consular district and to the needs of the particular post. Article 21 Precedence as between consular ojicers of a consular posl 5 10 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 15 receiving State or to the authority designated by that Ministry. Article 22 Nationality of consular oficers State. sending 20

Section 4Verify source

§ 1Consular officers should,Provision

Consular officers are indicated to generally have the nationality of the relevant country, but the sentence is incomplete.

1. Consular officers should, in principle, have the nationality of the

Section 1Verify source

§ 2Consular officers may not be appointed fromProvision

Consular officers must not be appointed from among persons who have the nationality of the receiving State, unless that State expressly consents.

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.

Section 2Verify source

§ 3The receiving State may reserve the same right with regard to nationalsProvision

The receiving State may reserve the same right for nationals of a third State who are not also nationals of the sending State.

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. 25 Article 23 Persons declared “non grata”

Section 3Verify source

§ 1The receiving State may at any time notify the sending State that aProvision

The receiving State may notify the sending State that a consular officer or other consular staff member is not acceptable, and the sending State must then recall that person or end their consular functions.

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 30 case may be, either recall the person concerned or terminate his functions with the consular post.

Section 1Verify source

§ 2If the sending State refuses or fails within a reasonable time to carryProvision

If the sending State does not carry out its obligations within a reasonable time, the receiving State may withdraw the exequatur or stop treating the person as a member of the consular staff.

2. If the sending State refuses or fails within a reasonable time to carry out its obligations under paragraph 1 of this Article, the receiving State may, as the case may be, either withdraw the exequatur from the person 35 concerned or cease to consider him as a member of the consular staff.

Section 2Verify source

§ 3A person appointed as a member of a consular post may be declaredProvision

A person appointed to a consular post may be declared unacceptable before arriving in the receiving State or, if already there, before starting duties; in that case the sending State must withdraw him.

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 appointment. case, the sending State shall withdraw his 40

Section 3Verify source

§ 4In the cases mentionedProvision

In the listed cases, the receiving State does not have to give the sending State reasons for its decision.

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. 45 52 No. 22876 No. Act 37, 2001 GOVERh'MENT GAZETE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES f i ? ~ PRIVILEGES ACT, 2001 Article 24 Notification to the receiving Sta,te of appointments, arrivals and departures

Section 4Verify source

§ 1The Ministry for Foreign Affairs of the receiving State or the authorityProvision

The Ministry for Foreign Affairs of the receiving State, or its designated authority, must be notified about specified consular-post personnel and family/staff arrivals, departures, status changes, engagements, and discharges.

1. The Ministry for Foreign Affairs of the receiving State or the authority designated by that Ministry shall (a) the appointment of members of a colnsular post, their arrival after notified of be 5 appointment to the consular post, their termination of their functions and any other changes affecting their status that may occur in the course of their service with the consular post; final departure or the 10 (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, 15 where appropriate, the termination of their service as such; (d) the engagement and discharge of peraons resident in the receiving State as members of a consular post or as members of the private staff entitled to privileges and immunities.

Section 1Verify source

§ 2When possible, prior notification of arrival and final departure shall 20Provision

When possible, prior notice must be given of arrival and final departure. The receiving State must also provide consular staff and qualifying family members the time, facilities, and needed transport to leave after their functions end, even during armed conflict.

2. When possible, prior notification of arrival and final departure shall 20 also be given. SECTION 11 END OF CONSULAR FUNCTIONS Article 25 Termination of the functions of a member of a consular post 25 The functions of a member of a consular post shall come to an end inter alia: (a) on notification by the sending State functions have come to an end; to the receiving State that his (b) on withdrawal of the 30 (c) on notification by the receiving State exequatur; )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 35 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 them to prepare their departure and to leave at the 40 facilities to enable termination of the functions of the earliest possible moment after 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. 45 Article 27 Protection of consular premises and archives and of the interests of the sending State in exceptional circumstances

Section 2Verify source

Part

part of their households irrespective of nationality, the necessary time and

§ 1In the event of the severance of consular relations between two States:Provision

If consular relations between two States are severed, the receiving State must protect consular premises, property, and archives, and the sending State may hand custody or protection matters to an acceptable third State.

1. In the event of the severance of consular relations between two States: 54 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES ,9ND PRIVILEGES ACT, 2001 (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; the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State. (c) S

Section 1Verify source

§ 2In the event of the temporary or permanent closure of a consular post,Provision

If a consular post closes, another consular post may take custody of the closed post’s premises, property, and archives, and may exercise consular functions there with the receiving State’s consent. The receiving State must also provide full facilities for the consular post’s work.

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 10 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 15 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) 20 of paragraph 1 of this Article shall apply. CHAPTER 11 FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST 2s SECTION I FACILITIES, PRIVILEGES AND IMMUNITIES RELATLNG TO A CONSULAR POST Article 28 Facilities for the work of the consular post 30 The receiving State shall accord full facilities for the performance of the functions of the consular post. Article 29 Use of national j a g and coat-of-arms

Section 2Verify source

Part

CHAPTER 11

§ 1The sending State shall have the right to the use of its national flag and 35Provision

The sending State has the right to use its national flag and coat-of-arms in the receiving State, subject to this Article.

1. The sending State shall have the right to the use of its national flag and 35 coat-of-arms in the receiving State in accordance with the provisions of this Article.

Section 1Verify source

§ 2The national flag of the sending State may be flown and itsProvision

The sending State may fly its national flag and display its coat-of-arms at the consular post, its entrance, the head of post’s residence, and on official transport.

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 40 and on his means of transport when used on official business.

Section 2Verify source

§ 3In the exercise of the right accorded by this Article regard shall be hadProvision

When exercising the right under this Article, the laws, regulations, and usages of the receiving State must be taken into account.

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. 56 No. 22876 Act No. 37,2001 GOVERNM.ENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMh4UNITES I W D PRIVJLEGES ACT, 2001 Article 30 Accommodation

Section 3Verify source

§ 1The receiving State shall either facilitate the acquisition on its temtory,Provision

The receiving State must help the sending State acquire premises for its consular post or otherwise obtain accommodation, subject to its laws and regulations.

1. The receiving State shall either facilitate the acquisition on its temtory, 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. 5

Section 1Verify source

§ 2It shall also, where necessary, assist the consular post in obtainingProvision

Where necessary, the provision says the referenced party must assist the consular post in obtaining suitable accommodation for its members.

2. It shall also, where necessary, assist the consular post in obtaining suitable accommodation for its members. Article 31 Inviolability of the consztlar premises 10

Section 2Verify source

§ 1Consular premises shall be inviolable to the extent provided in thisProvision

Consular premises are inviolable, but only to the extent set out in this Article.

1. Consular premises shall be inviolable to the extent provided in this Article.

Section 1Verify source

§ 2The authorities of the receiving State shall not enter that part of theProvision

The receiving State’s authorities must not enter the specified consular premises area unless consent is given, and consent may be assumed in emergencies like fire or other disasters needing prompt protective action.

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 15 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.

Section 2Verify source

§ 3Subject to the provisions of paragraph 2 of t h i s Article, the receivingProvision

The receiving State must take appropriate steps to protect consular premises from intrusion or damage and to prevent disturbance of the consular post’s peace or dignity, subject to paragraph 2.

3. Subject to the provisions of paragraph 2 of t h i s Article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion o r damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.

Section 3Verify source

§ 4The consular premises, their furnishings, the property of the consularProvision

The provision says consular-related property is protected from certain interference, and if expropriation is needed for national defence or public utility, steps must be taken to avoid disrupting consular functions and compensation must be paid to the sending State.

4. The consular premises, their furnishings, the property of the consular any form of post and requisition for purposes of national defence or public utility. If expropria- 25 tion 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. its means of transport shall be immune from 20 Article 32 taxation from Exemption of consular premises

Section 4Verify source

§ 1Consular premises and the residence of the career head of consularProvision

The owner or lessee of certain consular premises is exempt from national, regional, and municipal dues and taxes, except for payments for specific services rendered.

1. Consular premises and the residence of the career head of consular the sending State or any penon acting on its behalf is the post of which owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other specific services rendered. than such as represent payment for

Section 1Verify source

§ 2The exemption from taxation referred to in paragraph 1 of this ArticleProvision

The tax exemption does not apply to certain dues and taxes if the receiving State’s law makes them payable by the person who contracted with the sending State, or someone acting for it.

2. The exemption from taxation referred to in paragraph 1 of this Article shall not apply to such dues and taxes if, u.nder 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. 30 35 40 58 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DFLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 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. 5 Article 35 Freedom of communication

Section 2Verify source

§ 1The receiving State shall permit and protect freedom of communica-Provision

The receiving State must protect the consular post’s official communications, and the consular post may use couriers, bags, and coded messages; a wireless transmitter needs the receiving State’s consent.

1. The receiving State shall permit and protect freedom of communica- all official purposes. In tion on the part of the consular post for communicating with the Government, the diplomatic missions and other consular posts, wherever situated, of the sending State, the consular post may employ 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. all appropriate means, including diplomatic or

Section 1Verify source

§ 2The official correspondence of the consular post shall be inviolable.Provision

Official correspondence of the consular post is inviolable.

2. The official correspondence of the consular post shall be inviolable. Official correspondence means all correspondence relating to the consular post and its functions.

Section 2Verify source

§ 3The consular bag shall be neither opened nor detained. Nevertheless,Provision

The consular bag must not be opened or detained, and if receiving-State authorities have serious reason to think it contains something else, they may request an opening in the presence of an authorized representative of the sending State.

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 representative of the sending State. the authorities of the sending State, the bag shall be returned to its place of origin. opened in their presence by an authorized If this request is refused by

Section 3Verify source

§ 4The packages constituting the consular bag shall bear visible externalProvision

Packages in the consular bag must have visible external marks and may contain only official correspondence, documents, or articles for official use.

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.

Section 4Verify source

§ 5The consular courier shall be provided with an officialProvision

A consular courier has protection in the performance of functions, including personal inviolability and no arrest or detention, and may not be a receiving-State national or resident except with that State’s consent.

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 the receiving State. He shall enjoy functions he shall be protected by liable to any form of arrest or personal inviolability and shall not be detention.

Section 5Verify source

§ 6The sending State, its diplomatic missi'ons and its consular posts mayProvision

The sending State, its diplomatic missions, and its consular posts may designate consular couriers ad hoc. The listed immunities stop applying once the courier has delivered the consular bag to the consignee.

6. The sending State, its diplomatic missi'ons and its consular posts may ad hoc. In such cases designate consular couriers 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.

Section 6Verify source

§ 7A consular bag may be entrusted to the captain of aProvision

A consular bag may be handed to a ship or aircraft captain, who is not treated as a consular courier; with local authority arrangement, a consular post may send a member to collect the bag directly.

7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorized port of entry. He the number of shall be provided with an 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. official document indicating 10 15 20 25 30 35 40 45 50 60 No. 22876 Act No. 37,2001 GOVERNMENT GAZETIE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITES .W PRIVILEGES ACT, 2001 Article 36 Communication and contact with nationals of the sending state

Section 7Verify source

§ 1With a view to facilitating the exercise of consular functions relating toProvision

Consular officers may communicate with and visit nationals of the sending State, and the receiving State’s authorities must promptly notify the consular post and forward communications in detention cases.

1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State: consular officers shall be free to cornmunicate with nationals of the 5 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; if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within 10 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 15 person concerned without delay of his rights under t h s sub-paragraph; consular officers shall have the right to visit a national of the sending custody or detention, to converse and State who is in prison, 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 20 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 mison, custody or detention if he expressly opposes such action.

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§ 2The rights referred to in paragraph 1 of this Article shall be exercised 25Provision

The rights in paragraph 1 must be exercised under the receiving State’s laws, and local authorities must notify consular posts promptly in specified death, guardianship, and accident cases.

2. The rights referred to in paragraph 1 of this Article shall be exercised 25 in conformity with the laws and regulation,s 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 30 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 35 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 truste:e 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; 40 ( c ) if a vessel, having the nationality of the sending State, is wrecked or runs aground in the temtorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State suffers an accident 45 on the territory of the receiving State, to inform without delay the consular post nearest to the scene of the occurrence. 62 No. 22876 Act No. 37,2001 GOVERNMENT G A Z E n E , 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT. 2001 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 usages of the receiving State or by the relevant international agreements. 5 Article 39 Consular fees and charges

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§ 1The consular post may levy in the territory of the receiving State the 10Provision

The consular post may levy the fees and charges set by the sending State’s laws and regulations for consular acts, while in the receiving State.

1. The consular post may levy in the territory of the receiving State the 10 fees and charges provided by the laws and regulations of the sending State for consular acts.

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§ 2The sums collected in the form of the fees and charges referred to inProvision

Fees and charges collected under the referenced paragraph, and the receipts for them, are exempt from all dues and taxes in the receiving State.

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 and taxes in the receiving State. be exempt from all dues 15 SECTION I1 FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST Article 40 Protection of consular oficers 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 oficers 20 25

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§ 1Consular officers shall not be liable to arrest or detention pending trial,Provision

Consular officers are exempt from arrest or detention pending trial, except in cases of grave crime and pursuant to competent judicial authority.

1. Consular officers shall not be liable to arrest or detention pending trial, a decision by the except in the case of a grave crime and pursuant to competent judicial authority.

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§ 2Except in the case specified in paragraph 1 of this Article, consular 30Provision

Consular officers must not be jailed or otherwise have their personal freedom restricted, except when this is done under a final judicial decision and subject to the case mentioned in paragraph 1.

2. Except in the case specified in paragraph 1 of this Article, consular 30 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.

Section 2Verify source

§ 3If criminal proceedings are instituted against a consularProvision

If criminal proceedings are brought against a consular officer, the officer must appear before the competent authorities.

3. If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities. Nevertheless, the proceed- 35 ings shall be conducted with the respect due to him by reason of his official position and, except in the case manner which will hamper the exercise of consular functions as little as 1 of this possible. When, in the circumstances mentioned in paragraph officer, the 40 Article, it proceedings against him shall be instituted with the minimum of delay. specified in paragraph 1 of this Article, in a has become necessary to detain a consular 64 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PR.MLEGES ACT, 2001 Article 42 NotiJcation 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 5 the latter be himself the object of any such measure, shall notify the sending State through the diplomatic channel. the receiving State Article 43 Immunity from jurisdiction -

Section 3Verify source

§ 1Consular officers and consular employees shall not be amenable to the 10Provision

Consular officers and consular employees are not subject to the receiving State’s judicial or administrative jurisdiction for acts done in their consular functions.

1. Consular officers and consular employees shall not be amenable to the 10 jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions.

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§ 2The provisions of paragraph 1 of this Article shall not, however, applyProvision

Paragraph 1 does not apply to certain civil actions involving consular contracts or third-party damage claims from accidents in the receiving State.

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 15 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 20 Liability to give evidence

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§ 1Members of a consular post may be called upon to attend as witnessesOffence

Certain consular personnel may be required to attend as witnesses, and consular employees or service staff generally must give evidence unless paragraph 3 applies.

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 25 consular officer should decline to do so, no1 coercive measure or penalty may be applied to him.

Section 1Verify source

§ 2The authority requiring the evidence of a consular officer shall avoidProvision

The authority must not interfere with a consular officer’s functions and may, when possible, take the officer’s evidence in writing at his residence or at the consular post.

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 statement from him in writing. at his residence or at the consular post or accept a 30

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§ 3Members of a consular post are under rlo obligation to give evidenceProvision

Members of a consular post must give evidence and produce related official correspondence and documents, but they may refuse to give evidence as expert witnesses about the law of the sending State.

3. Members of a consular post are under rlo obligation to give evidence the exercise of their functions or to concerning matters connected with produce official correspondence and documents relating thereto. They are also entitled to decline to give evidence as expert witnesses with regard to 35 the law of the sending State. Article 45 Waiver of privileges and immunities

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§ 1The sending State may waive, with regard to a member of the consularProvision

The sending State may waive certain privileges and immunities for a member of the consular post.

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 40 and 44.

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§ 2The waiver shall in all cases be express, except as providedProvision

A waiver must be express and communicated to the receiving State in writing, except where paragraph 3 of this Article provides otherwise.

2. The waiver shall in all cases be express, except as provided in paragraph 3 of this Article, and shall be co~nmunicated to the receiving State in writing.

Section 2Verify source

§ 3The initiation of proceedings by a consular officer or a consular 45Provision

If a consular officer or employee starts proceedings in a matter where immunity from jurisdiction might apply, they cannot invoke jurisdiction over any counter-claim directly tied to the main claim.

3. The initiation of proceedings by a consular officer or a consular 45 employee in a matter where he might enjoy immunity from jurisdiction immunity from under Article 43 shall preclude him from invoking jurisdiction in respect of any counter-claim directly connected with the principal claim. 66 No. 22876 Act No. 37,2001 GAZETTE, GOVERNMENT 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES I I N D PRIVILEGES ACT. 2001 Exemption from registration of aliens and residence permits

Section 3Verify source

§ 1Consular officers and consular employees and members of theirProvision

Consular officers, consular employees, and members of their households are exempt from receiving-State obligations about alien registration and residence permits.

1. Consular officers and consular employees and members of their of their households shall be exempt from all families forming part obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.

Section 1Verify source

§ 2The provisions of paragraph 1 of this Article shall not, however, applyProvision

Paragraph 1 does not apply to certain consular employees, or to their family members.

2. The provisions of paragraph 1 of this Article shall not, however, apply to any consular employee who is not a permanent employee of the sending receiving State State or who carries on any private gainful occupation in the or to any member of the family of any such employee. Article 47 Exemption from work permits

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§ 1Members of the consular post shall, with respect to services renderedProvision

Members of the consular post are exempt from work-permit obligations for services rendered for the sending State.

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 labour. of foreign

Section 1Verify source

§ 2Members of the private staff of consular officers and of consularProvision

Certain consular private staff are exempt from the obligations in this Article if they have no other gainful job in the receiving State.

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 to in paragraph 1 of receiving State, be exempt from the obligations referred this Article. Article 48 Social security exemption 10 15 20 25

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§ 1Subject to the provisions of paragraph 3 of this Article, members of theProvision

Certain consular-post members and their household family members are exempt from social security provisions in the receiving State, subject to paragraph 3.

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 30 receiving State.

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§ 2The exemption provided for in paragra.ph 1 of this Article shall applyProvision

The exemption in paragraph 1 also applies to certain private staff of a consular post if they meet specified nationality/residence and social-security conditions.

2. The exemption provided for in paragra.ph 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 35 State; and (b) that they are covered by the social security provisions which are in force in the sending State or a third State.

Section 2Verify source

§ 3Members of the consular post who employ persons to whom theProvision

Members of the consular post who employ covered persons must follow the employer obligations imposed by the receiving State’s social security provisions.

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 40 observe the obligations which the social security provisions of the receiving State impose upon employers.

Section 3Verify source

§ 4The exemption provided for in paragraphs 1 and 2 of this Article shallProvision

The exemption does not stop voluntary participation in the receiving State’s social security system if that State allows it.

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. 45 68 No. 22876 Act No. 37,2001 GOVEIUWENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC I " U N 1 T E S AND PRIVILEGES ACT, 200 L Article 49 Exemption from taxation

Section 4Verify source

§ 1Consular officersProvision

Consular officers, consular employees, and their household family members are exempt from dues and taxes, with several listed exceptions.

1. Consular officers and consular ernployees and members of their families forming part of their households shall be exempt from all dues and taxes, personal or (a) indirect taxes of a kind which are noImally incorporated in the price of real, national, regional or municipal, except: 5 goods or services; ( b ) dues or taxes on private immovable property situated in the temtory of the receiving State, subject to the provisions of Article 32; (c) estate, succession or inheritance duties, and duties on transfers, levied 10 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; 15 ( e ) charges levied for specific services rendered; cf) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.

Section 1Verify source

§ 2Members of the service staff shall be exempt from dues and taxes onProvision

Members of the service staff are exempt from dues and taxes on their wages for services.

2. Members of the service staff shall be exempt from dues and taxes on the wages which they receive services. their for 20 30 on:

Section 2Verify source

§ 3Members of the consular post who employ persons whose wages orProvision

Certain consular-post employers must follow the receiving State’s employer income-tax rules when they employ people whose pay is not exempt from that tax.

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 25 Exemption from customs duries and inspection

Section 3Verify source

§ 1The receiving State shall, in accordanceProvision

The receiving State must allow entry of certain consular articles and exempt them from customs duties, taxes, and related charges, except storage, cartage, and similar charges.

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 (a) articles for the official use of the consular post; (b) articles for the personal use of a consular officer or members of his services, family forming part of his household, including articles intended for his establishment. The articles exceed the quantities necessary for direct utilization by the persons 35 concerned. intended for consumption shall not

Section 1Verify source

§ 2Consular employees shall enjoy the privilegesProvision

Consular employees are entitled to the privileges and exemptions mentioned in paragraph 1 for articles imported when they first install.

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.

Section 2Verify source

§ 3Personal baggage accompanying consular officers and members of 40Provision

Personal baggage of specified consular personnel and their household family members is exempt from inspection, except in limited suspicious cases; the receiving State must also allow certain estate exports and exempt specified persons from personal services and military-type obligations.

3. Personal baggage accompanying consular officers and members of 40 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 1 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 45 subject to its quarantine laws and regularions. Such inspection shall be carried out in the presence of the consular officer or member of his family concerned. 70 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT. 2001 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 Ithe time of his death; (b) shall not levy national, regional or municipal estate, succession or 5 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. 10 Article 52 Exemption ji-om personal services and contributions The receiving State the consular post and shall exempt members of 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

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§ 1Every member of the consular post shall enjoy the privileges andProvision

Every member of the consular post is entitled to the Convention’s privileges and immunities once they enter the receiving State in connection with taking up the post, or from the time they begin duties if already there.

1. Every member of the consular post shall enjoy the privileges and immunities provided in the present Convention from the moment he enters the temtory of the receiving State on proceeding to take up his post or, if already in its temtory, from the moment when he enters on his duties with the consular post.

Section 1Verify source

§ 2Members of the family of a member of the consular post forming partProvision

Family members of a consular post member in private staff are entitled to the Convention’s privileges and immunities.

2. Members of the family of a member of the consular post forming part of his private staff shall receive the of his household and members privileges and immunities provided in the present Convention from the date with from which he enjoys paragraph 1 of this Article or from the date of their entry into the temtory of the receiving State or from the date of their becoming a member of such family or private staff, whichever is the latest. privileges and immunities in accordance

Section 2Verify source

§ 3When the functions of a member of the consular post have come to anProvision

Consular privileges and immunities end when the person leaves the receiving State or after a reasonable time to leave, whichever is sooner; they continue until then, even during armed conflict.

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 a me:mber of his private staff shall forming part of his household or 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 that if :such persons intend leaving the consular post provided, however, thereafter, their privileges and receiving State within a reasonable period immunities shall subsist until the time of their departure.

Section 3Verify source

§ 4However, with respectProvision

For acts done by a consular employee while exercising official functions, jurisdiction continues without any time limit.

4. However, with respect to acts performed by a consular consular employee in the exercise of his functions, jurisdiction shall continue to subsist without limitation of time. officer or a immunity from

Section 4Verify source

§ 5In the event of the death of a member of the consular post, theProvision

If a consular-post member dies, their household family members keep the privileges and immunities for a limited 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 until they leave the receiving State or until the expiry of a reasonable period enabling them to do so, whichever is the sooner. to them 15 20 25 30 35 40 45 50 72 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC I"UNI1ES AND PRIVILEGES ACT, :2001 Article 54 Obligations of third States

Section 5Verify source

§ 1If a consular officer passes through or is in the temtory of a third State,Provision

A third State must grant a transiting consular officer, and certain family members, the immunities needed for transit or return.

1. If a consular officer passes through or is in the temtory of a third State, whlch 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 5 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 h s household enjoying such accompanying the consular officer or traveling separately to join him or to 10 return to the sending State. privileges and immunities who are

Section 1Verify source

§ 2In circumstances similar to those specified in paragraph 1 of thisProvision

Third States must not hinder transit through their territory for certain consular-post members and their household family members.

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 olf members of their families forming part of their households. 1.5

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Part

part of their households.

§ 3Third States shall accord to oficial correspondence and to otherProvision

Third States must give certain official communications, consular couriers, and consular bags the same protection the receiving State must provide under the Convention.

3. Third States shall accord to oficial 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 20 transit, the same inviolability and protection as the receiving State is bound to accord under the present Convention.

Section 3Verify source

§ 4The obligations of third States under paragraphs 1, 2 and 3 of thisProvision

Third States must apply the stated obligations to the persons mentioned, official communications, and presence in their territory where that presence is due to force majeure.

4. The obligations of third States under paragraphs 1, 2 and 3 of this in those Article shall also apply to the persons mentioned respectively paragraphs, and to official communications and to presence in the territory of the third State is due to force majeure. consular bags, whose 25 Article 55 Respect for the laws and regulations of the receiving State

Section 4Verify source

§ 1Without prejudice to their privileges and immunities, it is the duty ofProvision

People who have privileges and immunities must respect the receiving State’s laws and regulations and must not interfere in its internal affairs.

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 30 regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.

Section 1Verify source

§ 2The consular premises shall not be used in any manner incompatibleProvision

The consular premises must not be used in a way that is incompatible with consular functions.

2. The consular premises shall not be used in any manner incompatible with the exercise of consular functions.

Section 2Verify source

§ 3The provisions of paragraph 2 of this Article shall not exclude the 35Provision

Members of the consular post must follow receiving-State insurance requirements for third-party risks from using vehicles, vessels, or aircraft.

3. The provisions of paragraph 2 of this Article shall not exclude the 35 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. 40 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 vessel or aircraft. third party risks arising from the use of any vehicle, 45 22876 74 No. Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT. 2001 Article 57 Special provisions concerning private gainful occupation

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§ 1Career consular officers shall not carry on for personal profit anyProvision

Career consular officers must not carry on any professional or commercial activity in the receiving State for personal profit.

1. Career consular officers shall not carry on for personal profit any professional or commercial activity in the receiving State.

Section 1Verify source

§ 2Privileges and immunities providedProvision

Certain consular-related persons do not get the privileges and immunities covered by this Chapter if they carry on private gainful work 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 5 any private gainful occupation in the receiving State; (b) to members of the family of a person referred to in sub-paragraph (a) (c) to members of this paragraph or to members of his private staff; of the family of a rnember of a consular post who themselves carry on any private gainful occupation in the receiving State. 10 CHAPTER. 111 REGIME RELATING TO HONORARY CONSULAR OFFICERS AND CONSULAR POSTS HEADED BY SUCH O m C E R S 15 Article 58 General provisions relating to facilities, privileges and immunities

Section 2Verify source

§ 1Articles 28,29,30,34,35,36,37,38 and 39, paragraph 3 ofArticle 54Provision

Certain Articles apply to consular posts headed by an honorary consular officer, and their facilities, privileges, and immunities are governed by Articles 59 to 62.

1. Articles 28,29,30,34,35,36,37,38 and 39, paragraph 3 ofArticle 54 and paragraphs 2 and 3 of Article 55 shall apply to consular posts headed by an honorary consular officer. In facilities, privileges and immunities of such consular posts shall ble governed by Articles 59, 60, 61 and 62. addition, the

Section 1Verify source

§ 2Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 andProvision

Certain articles apply to honorary consular officers, and their facilities, privileges, and immunities are governed by Articles 63 to 67.

2 . Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph 1 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.

Section 2Verify source

§ 3Privileges and immunities providedProvision

Family members of certain honorary consular personnel are not given the Convention’s privileges and immunities.

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.

Section 3Verify source

§ 4The exchange of consular bags between two consular posts headed byProvision

Consular bags may not be exchanged between two honorary consular posts in different States unless both receiving States consent.

4. The exchange of consular bags between two consular posts headed by honorary consular officers in different Sta.tes shall not be allowed without the consent of the two receiving States concerned. Article 59 Protection of the consular premises 20 25 30 35 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 artd to prevent any disturbance of the peace of the consular post or impairment of its dignity. 40 Article 60 Exemption from taxation of consular premises

Section 4Verify source

§ 1Consular premises of a consular post headed by an honorary consularProvision

Certain consular premises are exempt from national, regional, and municipal dues and taxes, except charges for specific services rendered.

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 45 than such as represent payment for specific services rendered.

Section 1Verify source

§ 2The exemption from taxation referred to in paragraph 1 of this ArticleProvision

The tax exemption in paragraph 1 does not apply to dues and taxes that the receiving State’s laws make payable by the person who contracted with the sending State.

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. 50 76 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 ~ ~- DIPLOMATIC I M W T I E S ; AND PRIVILEGES ACT, 2001 ~~ 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 and may be, provided that they are kept separate 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. from other papers 5 Article 62 Exemption from customs duties The receiving State shall, in accordancla 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. 10 15 Article 63 Criminal proceedings 20 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 25 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 oficers 30 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 35 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. 40 78 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES .4ND PRIVILEGES ACT, 200 1 Article 66 Exemption from ruxation 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. 5 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 military contributions and billeting. requisitioning, 10 Article 68 Optional character of the institution of honorary consular ofleers Each State is free to decide whether it will appoint or receive honorary consular officers. 15 CHAPTER rv GENERAL PROVISIONS Article 69 Consular agents who are not heuds of consular posts

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CHAPTER rv

§ 1Each State is free to decide whether it will establish or admit consular 20Provision

Each State may decide whether to establish or admit certain consular agencies.

1. Each State is free to decide whether it will establish or admit consular 20 agencies conducted by consular agents not designated as heads of consular post by the sending State.

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§ 2The conditions under whichProvision

The sending State and the receiving State must तय? determine by agreement the conditions for the listed persons to carry on activities and the privileges and immunities of the consular agents in charge of them.

2. The conditions under which referred to in paragraph 1 of this Article may carry on their activities and the privileges and immunities which may be enjoyed by the consular agents in charge of 25 them shall be determined by agreement between the sending State and the receiving State. the consular agencies Article 70 Exercise of consular functions by diplomatic missions

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§ 1The provisions of the present Convention applyProvision

The Convention also applies, as far as the context permits, to the exercise of consular functions by a diplomatic mission.

1. The provisions of the present Convention apply also, so far as the 30 context permits, mission. to the exercise of consular functions by a diplomatic

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§ 2The names of membersProvision

The names of members of the consular section or staff otherwise performing mission functions must be notified to the receiving State’s Ministry for Foreign Affairs or to a authority it designates.

2. The names of members consular section or otherwise charged with functions of the mission shall be notified to the Ministry for Foreign Affairs 35 of the receiving State or to the authority designated by that Ministry. of a diplomatic mission assigned to the the exercise of the consular

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§ 3In the exerciseProvision

A diplomatic mission may address local authorities of the consular district, and may address central authorities of the receiving State only if local law or relevant international agreements allow it.

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 40 laws, regulations and usages international agreements. of the receiving State or by relevant

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§ 4The privileges and immunities of the members of a diplomatic missionProvision

The privileges and immunities of the listed diplomatic mission members continue to be governed by international law on diplomatic relations.

4. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2 of this Article shdl continue to be governed by the rules of international law concerning diplomatic relations. 45 80 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES . M D PRIVILEGES ACT, 2001 Article 7 I Nationals or permanent residenls of the receiving State

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§ 1Except in SO far as additional facilities, privileges and immunities mayProvision

Certain consular officers in the receiving State get only limited immunity for official acts, plus the Article 44(3) privilege, unless the receiving State grants more.

1. Except in SO far as additional facilities, privileges and immunities may be granted by the receiving State, consu1a;r officers who are nationals of or permanently resident in the receiving State: shall enjoy only immunity from jurisdiction and personal inviolability in rlespect 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. 5 10 post who of the consular are nationals of

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§ 2Other membersProvision

Certain family members and related persons get facilities, privileges, and immunities only if the receiving State grants them, and the receiving State must exercise jurisdiction so it does not unduly hinder the consular post.

2. Other members 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 facil.ities, 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 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. are themselves nationals of 15 20 25 Article 72 Non-discrimination

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§ 1In the application of the provisions of the present Convention theProvision

The receiving State must not discriminate between States when applying the Convention.

1. In the application of the provisions of the present Convention the receiving State shall not discriminate as between States.

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§ 2However, discrimination shall not be regarded as taking place:Provision

This section says certain situations are not treated as discrimination.

2. However, discrimination shall not be regarded as taking place: 30 ( 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 Stata extend to each other more favourable treatment than is required by the provisions of the present Convention. 35 Article 73 Relationship between the present convention and other international agreements

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§ 1The provisions ofProvision

This Convention does not affect other international agreements already in force between the States parties to them.

1. The provisions of the present Convention shall not affect other 40 international agreements in force as between States parties to them.

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§ 2Nothing in theProvision

States are not prevented from making agreements that confirm, extend, amplify, or supplement the Convention’s provisions.

2. Nothing in the present Convention concluding international agreements confirming extending or amplifying the provisions thereof. shall preclude States from or supplementing or CHAPTER V 45 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 50 82 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 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 1963 at the Federal Ministry for Foreign Affairs of the Republic of Austria and subsequently, until 3 1 March 1964, at the United Nations Headquarters in New York. 5 Article 75 Ratijication The present Convention is subject to ratification. The instruments of ratification shall be deposited with the: Secretary-General of the United Nations. 10 Article 76 Accession The present Convention shall remain open for accession by any State

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Part

CHAPTER V

§ 74TheProvision

Instruments of accession are to be deposited with the Secretary-General of the United Nations.

74. The belonging to any of the four categories mentioned in Article instruments of accession shall be deposited with the Secretary-General of 15 the United Nations. Article 77 Entry into jorce

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§ 1The present Convention shall enter into force on the thirtieth dayProvision

The Convention enters into force on the 30th day after the 22nd instrument of ratification or accession is deposited with the UN Secretary-General.

1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification 20 or accession with the Secretary-General of the United Nations.

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§ 2For each State ratifying or acceding to the Convention after the depositProvision

For States ratifying or acceding after the twenty-second deposit, the Convention starts to apply on the 30th day after that State deposits its instrument.

2 . For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Conven- tion shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession. 25 Article 78 Notifications by the Secretary-General The Secretary-General of the United Nations shall inform all belonging to any of the four categories mlentioned in Article 74: (a) of signatures to the present Convention and of States the deposit of 30 instruments of ratification or accession, in accordance with Articles 74, 75 and 76; (b) of the date on which the present Colnvention will enter into force, in accordance with Article 77. Article 79 Authentic texts 35 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 40 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 hundred and sixty-three. twenty-fourth day of April, one thousand nine 45 22816 84 No. Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 Schedule 3 Convention on the Privileges and Immunities of the United Nationsb adopted by the General Assembly of the United Nations on 13 February 19416 Whereas Article 104 of the Charter of the United Nations provides that ths Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes and 5 Whereas Article 105 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such privileges and immunities the fulfillment of its as are necessaq for purposes and that representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization 10 15 Consequently the General Assembly by the Resolution adopted on the 13 February 1946, approved the following Convention and proposed it for accession by each Member of the United Nations. Article I JURTDICAL PERSONALITY SECTION 1. The United Nations shall possess juridical personality. It shall have the capacity: (a) To contract; (b) To acquire and dispose of immovable and movable property; (c) To institute legal proceedings. Article I1 PROPERTY, FUNDS AND ‘4SSETS SECTION 2. The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution. assets of the United Nations, wherever located and by SECTION 3. The premises of the United Nations shall be inviolable. The property and whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action. SECTION 4. The archives of the United Nations, and documents belonging located. to it or held by it, shall be inviolable wherever in general all SECTION 6. In exercising its rights under Section 5 above, the United the Nations shall pay due regard Government of any Member insofar as it is considered that effect can be given to such representations without detriment to the interests of the United Nations. to any representations made by SECTION 7. The United Nations, its assets, income and the property shall be: 20 25 30 35 40 45 86 No. 22876 Act No. 37,2001 GOVERNIvIENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 (a) Exempt from all direct taxes, it is understood, however, that the United Nations will not claim exemption from taxes which are, in fact, no more than charges for public utility ;services; (b) Exempt from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the United Nations for its official use. It is understood, however, that articles imported under such exemption will not be sold in the country into which they were imported except under conditions agreed with the Government of that country; 5 (c) Exempt from customs duties and prohibitions and restrictions on 10 imports and exports in respect of its publications. SECTION 8. While the United Nations will not, as a general rule, claim exemptions from excise duties and from taxes on the sale of the movable and immovable property which form part of the price to be paid, nevertheless when the United Nations is; making import purchases for 15 official use of property on which such dutie,s and taxes have been charged or are chargeable, Members will, whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax. Article I11 20 FACILITIES IN RESPECT OF COMMUNICATIONS 'enjoy in SECTION 9. The United Nations shall the temtory of each Member for its official communications treatment not less favourable than that accorded by the Government of that Member to any other Government including its diplomatic mission in the matter of priorities, rates and taxes 25 on mails, cables, telegrams, radiograms, telephotos, telephone and other communications; and press rates for information to the press and radio. No censorship shall be applied to the official correspondence and other official communications of the United Nations. SECTION 10. The United Nations shall have the right to use codes and to 30 dispatch and receive its correspondence by courier or in bags, which shall have the same immunities and privileges as diplomatic couriers and bags. Article IV THE REPRESENTATIVES OF MEMBERS SECTION 11. Representatives of Members to the principal and subsidiary 35 organs of the United Nations and to conferences convened by the United Nations, shall, while exercising their functions and during the journey to and from the place of meeting, enjoy the following privileges and immunities: (a) Immunity from personal arrest or detention and from seizure of their 40 personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind; (b) Inviolability for all papers and documents; (c) The right to use codes and to receive papers or correspondence by 45 courier or in sealed bags; (d) Exemption in respect of themselves and their spouses from immigra- tion restrictions, aliens registration or national service obligations in the state they are visiting or through which they are passing in the exercise of their functions; ( e ) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; 50 88 No. 22876 Act No. 37,2001 GOVERWENT GAZETTE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 @) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys, and also; (g) Such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their person.al baggage) or from excise duties or sales taxes. 5 SECTION 12. In order to secure, for the representatives of Members to the principal and subsidiary organs of the Urhited Nations and to conferences convened by the United Nations, complete freedom of speech and 10 independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer the representatives of Members. SECTION 13. Where the incidence of any form of taxation depends upon 15 residence periods during which the representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations are present in a state for the discharge of their duties shall not be considered as periods of residence. SECTION 14. Privileges and immunities are accorded to the representa- 20 tives of Members not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the Member the immunity would impede 25 the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded. SECTION 15. The provisions of Sections 1.1, 12 and 13 are not applicable as between a representative and the authorities of the state of which he is a national or of which he is or has been the representative. 30 SECTION 16. In this article the expression ‘representatives’ shall be deemed to include all delegates, deputy delegates, advisers, technical experts and secretaries of delegations. Article V OFFICIALS 35 SECTION 17. The Secretary-General will specify the categories of officials to which the provisions of this Article and Article VI1 shall apply. He shall submit these categories categories shall be communicated to the Governments of all Members. The names of the officials included in these categories shall from time to time be 40 made known to the Governments of Members. to the General Assembly. Thereafter these SECTION 18. Officials of the United Nations shall: (a) Be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity; (b) Be exempt from taxation on the salaries and emoluments paid to them 45 by the United Nations; (c) Be immune from national service obligations; (d) Be immune, together with their spouses and relatives dependent on them, from immigration restrictions and alien registration; 90 No. 22876 Act No. 37,2001 GOVERNME:NT GAZETTE. 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 ( e ) Be accorded the same privileges in respect of exchange facilities as are accorded to the officials of comparable ranks forming part of diplomatic missions to the Government concerned; If) Be given, together with their spouses and relatives dependent on them, of international crisis as repatriation facilities in time the same diplomatic envoys; (g) Have the right to import free of duty their furniture and effects at the time of first taking up their post in the country of question. SECTION 19. In addition to the immunities and privileges specified in Section 18, the Secretary-General and all Assistant Secretaries-General shall be accorded in respect children, the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law. of themselves, their spouses and minor 5 10 SECTION 20. Privileges and immunities are granted to oflicials in the interests of the United Nations and not individuals themselves. The Secretary-General shall have the right and the duty to waive the immunity. for the personal benefit of the 15 SECTION 21. The United Nations shall co-operate at all times with the appropriate authorities of Members to facilitate the proper administration 20 the of justice, secure the observance of polic'e regulations and prevent occurrence of any abuse in connection with the privileges, immunities and facilities mentioned in this Article. Article VI EXPERTS ON MISSIONS FOR THE UNITED NATIONS 25 SECTION 22. Experts (other than officials coming within the scope of Article V) performing missions for the United Nations shall be accorded such privileges and immunities independent exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions. In particular they 30 shall be accorded: (a) Immunity from personal arrest or detention and from seizure of their as are necessary for the personal baggage; (b) In respect of words spoken or written and course of the performance of their mission, process of every kind. This immunity from legal process shall continue to be accorded notwithstanding that the persons concerned are no longer employed on missions for the United Nations; acts done by them in immunity from the legal 35 (c) Inviolability for all papers and documents; (d) For the purpose of their communicatiom with the United Nations, the 40 right to use codes and to receive papers or correspondence by courier or in sealed bags; ( e ) The same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; If) The same immunities and facilities in respect of their personal 45 baggage as are accorded to diplomatic (envoys. SECTION 23. Privileges and immunities interests of the United Nations and not individuals themselves. The Secretary-General shall have the right and the 50 duty to waive the immunity of any expert in any case where, in his opinion, the immunity would impede the course of justice and it can be waived without prejudice to the interests of the United Nations. are granted to experts in the for the personal benefit of the 92 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT. 200 1 UNITED NATIONS LAlSSEZ-PASSER SECTION 24. The United Nations may issue United Nations laissez-passer to its officials. These laissez-passer shall be recognized and accepted as valid travel documents by the authorities of Members, taking into account 5 the provisions of Section 25. SECTION 25. Applications for visas (where required) from the holders of United Nations laissez-passer, when accompanied by a certificate that they are traveling on the business of the United Nations, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for 10 speedy travel. SECTION 26. Similar facilities to those slpecified in Section 25 shall be accorded to experts and other persons who, though not the holders of United Nations laissez-passer, have a certifcate that they are traveling on the business of the United Nations. 15 SECTION 27. The Secretary-General, Assistant Secretaries-General and Directors traveling on United Nations laissez-passer on the business of the United Nations shall be granted the same facilities as are accorded to diplomatic envoys. 20 SECTION 28. The provisions of this article may be applied to the comparable officials of specialized agencies if the agreements for relation- ship made under Article 63 of the Charter so provide. Article VI11 SETTLEMENT OF DISPUTES 25 SECTION 29. The United Nations shall make provisions for appropriate modes of settlement of (a) Disputes arising out of contracts or other disputes of a private law character to which the United Nations is a party; (b) Disputes involving any official of the United Nations who by reason of 30 his official position enjoys immunity, if immunity has not been waived by the Secretary-General. Final Article SECTION 3 I. This convention is submitted to every Member of the United Nations for accession. 35 SECTION 32. Accession shall be affected by deposit of an instrument with the Secretary-General of the United Nations and the convention shall come into force as regards each Member on the date of deposit of each instrument of accession. SECTION 33. The Secretary-General shall inform all Members of the 40 United Nations of the deposit of each accession. SECTION 34. It is understood that, when an instrument of accession is deposited on behalf of any Member, the Member will be in a position under its own law to give effect to the terms of this convention. SECTION 35. This convention shall continue in force as between the 45 United Nations and every Member which has deposited an instrument of accession for so long as that Member remains a Member of the United Nations, or until a revised general convention has been approved by the 94 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE, 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 General Assembly and that Member has become a party to this revised convention. SECTION 36. The Secretary-General may conclude with any Member or Members supplementary agreements adjusting the provisions of this convention so far as that Member or those Members are concerned. These supplementary agreements shall in each case be subject to the approval of the General Assembly. 5 96 No. 22876 Act No. 37,2001 GOVERNMENT GAZETTE: 29 NOVEMBER 2001 DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT, 2001 Schedule 4 Convention on the Privileges antd Immunities of the Specialized Agencies, 1947 Whereas the General Assembly of the United Nations adopted on

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9 referenced instruments

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April one thousand nine hundred 10 and sixty-one. 38 No. 22876 Act
Section 2
Chapter 2 of the 5 Local Government Municipal Structures Act, 1998
Section 1
Conventions. Regulations
Section 13

N–S

3 instruments

of laws and saving 16. (1) The Diplomatic Immunities and Privileges Act, 1989
Section 14
Organization and not for the personal benefit of the individuals themselves. The Organization 60 134 No. 22876 Act
Section 1
States concerned. 45 44 No. 22876 Act
Section 5

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3 instruments

United Nations and the 114 No. 22876 Act
Section 13
United Nations or of any of the specialized agencies or 50 82 No. 22876 Act
Section 2
United Nations. are granted to experts in the for the personal benefit of the 92 No. 22876 Act
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