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Consolidated Acts of Samoa 2013 |
SAMOA
DIPLOMATIC PRIVILEGES
AND IMMUNITIES ACT 1978
Arrangement of Provisions
PART I
PRELIMINARY
PART II
DIPLOMATIC PRIVILEGES
AND IMMUNITIES
PART III
PRIVILEGES AND IMMUNITIES
OF INTERNATIONAL ORGANISATIONS AND PERSONS CONNECTED THEREWITH
PART IV
CONSULAR PRIVILEGES AND IMMUNITIES
PART V
MISCELLANEOUS PROVISIONS
Schedules
____________
DIPLOMATIC PRIVILEGES AND IMMUNITIES ACT 1978
1978 No.18
AN ACT to consolidate and amend the law relating to diplomatic, consular, and other privileges and immunities, and to give effect to the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations.
[Assent and commencement date:22 August 1978]
PART I
PRELIMINARY
1. Short title – This Act may be cited as the Diplomatic Privileges and Immunities Act 1978.
2. Minister responsible for foreign affairs to administer the Act – (1) In this Act unless the context otherwise requires, the term “Minister” means the Minister responsible for foreign affairs.
(2) This Act is to be administered by the Minister.
3. Application of the Act – The provisions of this Act shall, with respect to the matters dealt with therein, have effect in substitution for any previous enactment or rule of law in force in Samoa immediately before the commencement of this Act.
PART II
DIPLOMATIC PRIVILEGES AND IMMUNITIES
4. Interpretation – In this Part, unless the context otherwise requires:
“Convention” means the Vienna Convention on Diplomatic Relations of 1961, a copy of the English text of which is set out in the Schedule 1 to this Act;
“Mission” means a diplomatic mission of any State.
(Expressions defined in Article 1 of the Convention have the meaning so defined.)
5. Diplomatic privileges and immunities – (1) Subject to subsection (6), Articles 1, 22 to 24, and 27 to 40 of the Convention have the force of law in Samoa.
(2) Without prejudice to the provisions of subsection (1), the Minister with the concurrence of the Minister of Finance, may determine,
either generally or in any case or class of case, the fiscal privileges which are accorded to any mission or persons connected with
any mission, even if the determination may extend treatment more favourable than that required by the provisions of the Convention,
and may in like manner determine the terms and conditions on which those privileges may be enjoyed.
(3) For the purpose of giving effect to any custom or agreement by which Samoa and any other State extend to each other treatment more
favourable than is required by the provisions of the Convention, the Head of State, acting on the advice of Cabinet, may by Order
declare that a mission of that State and persons connected with that mission are accorded such immunity from jurisdiction, and inviolability,
as are specified in the Order:
PROVIDED THAT nothing in this subsection applies to persons to whom section 6 applies.
(4) In subsections (2) and (3), “treatment more favourable” includes the according of privileges or immunities, as the case
may be, to persons who under the Convention may enjoy privileges and immunities only to the extent admitted by the receiving State.
(5) Where, by or by virtue of this Act immunity from jurisdiction is accorded to persons who are not diplomatic agents or persons enjoying
immunity under Article 37 of the Convention, the immunity accorded to those first-mentioned persons may be waived in the manner and
subject to the conditions specified in Article 32 of the Convention, and the waiver has the same consequences as a waiver under that
Article.
(6) For the purposes of the provisions of the Articles referred to in subsection (1):
(a) a reference in those provisions to the receiving State is to be construed as a reference to Samoa;
(b) a reference in those provisions to a national of the receiving State is to be construed as a reference to a citizen or permanent resident of Samoa;
(c) the reference in paragraph 1 of Article 22 to agents of the receiving State is to be construed as including a reference to any member of the Police Service or any other person exercising a power of entry to premises;
(d) the reference in Article 32 to waiver by the sending State is to be construed as including a waiver by the head of the mission of the sending State or by a person performing the functions of the head of mission;
(e) Articles 35, 36 and 40 are to be construed as granting the privileges or immunities that those Articles require to be granted;
(f) the reference in paragraph 1 of Article 36 to such laws and regulations as the receiving State may adopt is to be construed as including a reference to any law or regulation in force in Samoa relating to the quarantine, or the prohibition or restriction of the importation into, or the exportation from, Samoa of animals, plants, or goods:
PROVIDED THAT any immunity from jurisdiction that a person may possess or enjoy by virtue of subsection (1) is not prejudiced;
(g) the reference in paragraph 4 of Article 37 to the extent to which privileges and immunities are admitted by the receiving State, and the reference in paragraph 1 of Article 38 to any additional privileges and immunities that may be granted by the receiving State, are, so far as they relate to privileges, to be construed as references to such determinations as may be made by the Minister under subsection (2), and, so far as they relate to immunities, be construed as reference to such immunities as may be conferred by Order under subsection (3);
(h) the reference in paragraph 2 of Article 38 to the extent to which privileges and immunities are admitted by the receiving State is, so far as it relates to privileges, to be construed as a reference to such determinations as may be made by the Minister under subsection (2), and, so far as it relates to immunities, be construed, in relation to persons to whom section 6 of this Act applies, as a reference to immunities conferred by that section, and, in relation to other persons to whom that paragraph applies, as a reference to such immunities as may be conferred by Order under subsection (3);
(i) the reference in paragraph 1 of Article 39 to the Ministry of Foreign Affairs or such other Ministry as may be agreed is to be construed as a reference to any department, office, or secretariat designated for such purpose by the Minister.
6. Immunities of certain members of the staff of a mission who are Samoan citizens or residents – The members of the administrative and technical staff, and members of the service staff, of a mission who are citizens of Samoa or are permanently resident in Samoa are to be accorded immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of their functions.
7. Withdrawal of diplomatic privileges and immunities – Where the Head of State is satisfied that the privileges and immunities accorded in relation to a mission of Samoa in any State, or to persons connected with that mission, are less than those conferred by or by virtue of this Part in relation to the mission of that State, or to persons connected with that mission, the Head of State may, on the advice of Cabinet by Order, withdraw, modify, or restrict, in relation to that mission or to persons connected with that mission, such of the privileges and immunities so conferred to such extent as appears to the Head of State to be proper.
PART III
PRIVILEGES AND IMMUNITIES OF INTERNATIONAL
ORGANISATIONS AND PERSONS CONNECTED THEREWITH
8. Meaning of “State” – In this Part, unless the context otherwise requires, “State” means a foreign State or any country that is a member of the Commonwealth of Nations.
9. Privileges, immunities and capacities of certain international organisations and persons connected therewith –(1) This section applies to an organisation declared by the Head of State, on the advice of Cabinet, to be an organisation of which 2
or more States or the Governments thereof are members.
(2) The Head of State, may, on the advice of Cabinet, by Order:
(a) provide that any organisation to which this section applies (hereinafter referred to as the organisation) has, to such extent as may be specified in the Order, the privileges and immunities specified in the Second Schedule, and also has the legal capacities of a body corporate;
(b) confer upon—
(i) any persons who are representatives (whether of Government or not) on any organ of the organisation or at any conference convened by the organisation or are members of any committee of the organisation or of any organ thereof;
(ii) such officers or classes of officers of the organisation as are specified in the Order, being the holders of such high offices in the organisation as are so specified;
(iii) such persons employed on missions on behalf of the organisation as are specified in the Order, to such extent as may be specified in the Order, the privileges and immunities specified in the Third Schedule.
(c) confer upon such other classes of officers and servants of the organisation as are specified in the Order, to such extent as may
be so specified, the privileges and immunities specified in the Fourth Schedule.
(3) Schedule 5has effect for the purpose of extending to the staffs of such representatives and members as are mentioned in section (9)(2)(b)(i)
and to the members of the families forming part of the household of officers of the organisation any privileges and immunities conferred
on the representatives members, or officers under that paragraph, except in so far as the operation of Schedule 5 is excluded by
the Order conferring the privileges and immunities.
(4) For the purposes of this section, the Commonwealth Secretariat is taken to be an organisation of which 2 or more States or the Governments
thereof are members.
(5) No order under this section shall confer any privilege or immunity upon any person as the representative of the Government of Samoa
or as a member of the staff of such a representative.
10. Privileges and immunities of Judges of, and suitors to, the International Court of Justice – The Head of State acting on the advice of Cabinet, may by Order, confer on the Judges and Registrars of the International Court of Justice established by the Charter of the United Nations, and on suitors to that Court and their agents, counsel and advocates, such privileges, immunities, and facilities as may be required to give effect to any resolution of, or convention approved by, the General Assembly of the United Nations.
11. Privileges and immunities of representatives attending international conferences – Where:
(a) a conference is held in Samoa and is attended by representatives of the Government of Samoa and the Government or Governments of one or more States or of any of the territories for whose international relations any of those Governments is responsible; and
(b) it appears to the Minister that doubts may arise as to the extent to which the representatives of those Governments (other than the Government of Samoa) and members of their official staffs are entitled to privileges and immunities, the Minister may, by notice in the Savali, direct that a representative of any such Government (other than the Government of Samoa) be accorded such of the privileges and immunities conferred by or by virtue of Part II on a diplomatic agent as the Minister specifies, and that such of the members of his or her official staff as the Minister may direct be accorded such of the privileges and immunities conferred by or by virtue of Part II on members of the diplomatic staff or the administrative and technical staff of a diplomatic mission as the Minister specifies.
12. Reciprocal treatment – Nothing in this Part is to be construed as precluding the Head of State, acting on the advice of Cabinet, from declining to accord privileges or immunities to, or from withdrawing, modifying, or restricting privileges or immunities in relation to, nationals or representatives of a State, or the Government thereof, on the ground that State, or the Government thereof, is failing to accord corresponding privileges or immunities to Samoa nationals or representatives.
PART IV
CONSULAR PRIVILEGES AND IMMUNITIES
13. Interpretation – In this Part, unless the context otherwise requires:
“Commonwealth country” means a country that is a member of the Commonwealth of Nations;
“the Convention” means the Vienna Convention on Consular Relations of 1963, a copy of the English text of which is set out in Schedule 6.
(Expressions defined in Article 1 of the Convention have the meanings so defined.)
14. Consular privileges and immunities – (1) Subject to section 14(7), the following provisions of the Convention has the force of law in Samoa, namely:
(a) articles 1, 5, and 15, paragraph 1 of Article 17, paragraphs 1, 2, and 4 of Article 31, Articles 32, 33, 35, and 39, paragraphs 1 and 2 of Article 41, Articles 43 to 45 and 48 to 54, paragraphs 2 and 3 of Article 55, paragraph 2 of Article 57, Articles 60 to 62, 66, and 67, and paragraphs 1, 2, and 4 of Article 70;
(b) paragraphs 1, 2, and 3 of Article 58, except in relation to any Articles referred to therein that do not have the force of law in Samoa under paragraph (a);
(c) article 71, except in relation to Article 42.
(2) Without prejudice to section 14(1), the Minister, with the concurrence of the Minister of Finance, may determine, either generally
or in a case or class of cases, the fiscal privileges which shall be accorded to a consular post or persons connected with a consular
post, even if the determination may extend treatment more favourable than that required by the provisions of the Convention, and
may in like manner determine the terms and conditions on which those privileges may be enjoyed.
(3) For the purpose of giving effect to a custom or agreement by which Samoa and any other State extend to each other treatment more
favourable than is required by the provisions of the Convention, the Head of State, acting on the advice of Cabinet, may by Order
declare that a consular post of that State and persons connected with that consular post is accorded such immunity from jurisdiction,
and inviolability, as are specified in the Order:
PROVIDED THAT nothing in this subsection applies with respect to persons to whom section 15 applies.
(4) In subsection (2), “persons connected with a consular post” includes a person in respect of whom an Order has been made
for the purposes of section 17.
(5) In subsections (2) and (3), “treatment more favourable” includes the according of privileges or immunities, as the case
may be, to persons who under the Convention may enjoy privileges and immunities only if and so far as these are granted to them by
the receiving State.
(6) Where by virtue of this Part an immunity from jurisdiction is accorded to persons who do not enjoy immunity under the Convention,
that immunity may be waived in the manner and subject to the conditions specified in Article 45 of the Convention, and the waiver
has the same consequences as a waiver under that Article.
(7) For the purposes of the Articles referred to in subsection (1):
(a) a reference in those provisions to the receiving State is to be construed as a reference to Samoa;
(b) a reference in those provisions to a national of the receiving State is to be construed as a reference to a citizen or permanent resident of Samoa;
(c) the reference in paragraph 2 of Article 31 to authorities of the receiving State is to be construed as including a reference to a member of the Police Service and a person exercising a power of entry to premises;
(d) the reference in paragraph 1 of Article 41 to a grave crime is to be construed as a reference to an offence punishable with imprisonment for a term of 3 years or more or for life;
(e) the reference in paragraph 3 of Article 44 to matters connected with the exercise of the functions of members of a consular post is to be construed as references to matters connected with the exercise of consular functions by consular officers or consular employees;
(f) the reference in Article 45 to waiver by the sending State is to be construed as including a reference to a waiver by the head, or by a person performing the functions of head, of the diplomatic mission of the sending State or, if there is no such mission, of the consular post concerned;
(g) articles 50 to 52, 54, 62, and 67 are to be construed as granting the privileges or immunities that those Articles require to be granted;
(h) the reference in paragraph 1 of Article 50 and in Article 62 to such laws and regulations as the receiving State may adopt is
to be construed as including a reference to a law in force in Samoa relating to the quarantine, or the prohibition or restriction
of the importation into, or the exportation from, Samoa of animals, plants, or goods:
PROVIDED THAT any immunity from jurisdiction that a person may possess or enjoy by virtue of subsection (1) shall not be prejudiced;
(i) the reference in paragraph 2 of Article 57 to the privileges and immunities provided in Chapter II is to be construed as a reference to those provided in section II of that Chapter;
(j) the reference in paragraph 4 of Article 70 to the rules of international law concerning diplomatic relations is to be construed as a reference to the provisions of Part I of this Act; and
(k) the reference in paragraph 1 of Article 71 to any additional privileges and immunities that may be granted by the receiving State, and the reference in paragraph 2 of Article 71 to privileges and immunities so far as these are granted by the receiving State, are, so far as they relate to fiscal privileges, to be construed as references to such determinations as may be made by the Minister under subsection (2), and, so far as they relate to immunities, be construed as references to such immunities as may be conferred by an Order under subsection (3).
15. Immunities of certain employees of a consular post who are Samoa citizens or residents – Consular employees of a consular post headed by a career consular officer who are Samoan citizens or are permanently resident in Samoa shall be accorded immunity from jurisdiction in respect of official acts performed in the exercise of their functions.
16. Withdrawal of consular privileges and immunities – Where the Head of State is satisfied that the privileges and immunities accorded in relation to a consular post of Samoa in a State, or to persons connected with that consular post, are less than those conferred by or by virtue of this Act in relation to a consular post of that State, or to persons connected with any such consular post, the Head of State may, on the advice of Cabinet, by Order, withdraw, modify, or restrict, in relation to that consular post or to persons connected with that consular post, such of the privileges and immunities so conferred to such extent as appears to the Head of State to be proper.
17. Immunities of certain persons in service of Commonwealth or foreign countries – (1) The Head of State, acting on the advice of Cabinet, may by Order, confer on:
(a) persons in the service of the Government of any country; and
(b) persons in the service of the Government of any territory for whose international relations the Government of any Commonwealth
country is responsible performing functions corresponding to those of a consular officer or consular employee, and holding such offices
or classes of offices as are specified in the Order, such immunity from jurisdiction, and such inviolability, as are specified in
the Order.
(2) The Head of State, acting on the advice of Cabinet, may by Order, declare that the provisions of this Part shall apply, to such extent
as may be specified in the Order, to persons appointed by the Government of any other Commonwealth country to serve as consular officers
or consular employees in Samoa.
(3) An Order made under this section may accord, to such extent as may be specified in the Order, inviolability to the official premises
and official archives of a person in respect of whom an order has been made for the purposes of this section.
PART V
MISCELLANEOUS PROVISIONS
18. Power to grant exemptions from taxation to other Governments, organisations and representatives in Samoa –(1) Despite anything to the contrary in any Act, the Minister, with the concurrence of the Minister of Finance, may wholly or partly exempt from a public or local tax, duty, rate, levy, or fee any of the following Governments, organisations or persons:
(a) the Government of any State (as defined in section 8) or the Government of any territory for whose international relations the Government of any such State is responsible;
(b) a non-profit making organisation or a Government organisation of any State (as defined in section 8) where that organisation is operating in Samoa for the primary purpose of rendering assistance to the Government or people of Samoa;
(c) a representative of the Government of any country other than Samoa, or of any provisional Government, national committee, or other authority recognised by the Government of Samoa, if he or she is temporarily resident in Samoa in accordance with any arrangement made with the Government of Samoa;
(d) a representative or officer of an organisation to which paragraph (b) applies; or
(e) a member of the official or domestic staff, or of the family, of a person to whom paragraphs (c) and (d) applies.
(2) No person to whom subsection (1)(c), (d), or (e) applies is entitled to an exemption under subsection (1) in respect of any of the
taxes, duties, rates or levies specified in paragraphs (a) to (f) of Article 34 of the Vienna Convention on Diplomatic Relations
as set out in the Schedule1 to this Act.
(3) Where a person who is a member of the official or domestic staff of a person to whom subsection (1)(c) and (d) applies is a citizen
of Samoa and not a citizen of the country concerned, or is not resident in Samoa solely for the purpose of performing his or her
duties as such a member, that person shall not, and a member of the family of that person shall not by reason only of his or her
being a member of that family, be entitled to an exemption granted under subsection (1).
(4) In this section, “member of the family”, in relation to a person, means the spouse or a dependent child of that person.
19. General provisions as to exemptions – (1) The powers conferred on the Head of State by section 9 or 10 or on the Minister by section 14 or 18 are taken to include power to
exempt from a fee or duty under any other Act an instrument or class of instruments to which any organisation, Government, or person,
as the case may be, to which or to whom the Order or exemption applies is a party.
(2) The powers conferred on the Minister by section 14 or 18 are taken to include power on the death of a person referred to in section
14 or, as the case may be, section 18(1)(b) or (c):
(a) to exempt wholly or partly the estate of that person from an estate duty; and
(b)to exempt an instrument or document or class or instruments or documents made for or relating to the appointment of an executor
or administrator in the estate of that person, or to the administration or distribution of the estate, from a fee or duty under any
other Act.
(3) An exemption granted by the Minister under section 14 or section 18 may be granted either unconditionally or subject to such conditions
as the Minister thinks fit, and the Minister may revoke any such exemption or revoke, vary, or add to any such conditions.
(4) An exemption referred to in subsection (3) comes into force on such date as may be specified in that behalf by the Minister. The date
so specified may be before or after the date of the granting of the exemption or before or after the commencement of this Act.
(5) Despite the provisions of an exemption referred to in subsection (3), any question arising as to the nature or extent of any such
exemption, or to the Governments or persons entitled to any such exemption, is to be referred to and be determined by the Minister;
and the decision of the Minister shall not be liable to be challenged, reviewed, quashed, or called in question in any Court.
20. Refunds or payments in case of exemptions from taxation – (1) The Minister of Finance may direct that such refunds or payments be made from the Public Account or from such other account or fund
as may in the opinion of that Minister be necessary to give effect to a fiscal privilege accorded under section 5 or to an exemption
granted under section 9, 10, 11, 14 or 18.
(2) Where a loss is suffered by reason of the conferring of any such privilege or the granting of any such exemption or by the making
of any refund or payment direct under this section, the Minister of Finance may direct that such payments be made from the appropriate
public account or fund as may be necessary in the opinion of that Minister to reimburse that loss.
(3) All refunds or payments directed under this section to be made from a public account or fund shall be made without further appropriation
than this section.
21. Certificates of privilege or immunity – If in any proceedings any question arises whether or not a person or an organisation is or was at any time or in respect of any period accorded any privilege or immunity under or by virtue of this Act, a certificate issued by the Minister stating any fact relevant to that question is conclusive evidence of that fact.
22. Saving of legal proceedings – This Act does not affect any legal proceedings begun before the commencement of this Act.
23. Regulations – The Head of State may, acting on the advice of Cabinet, make regulations providing for such matters as are contemplated by or necessary for giving full effect to this Act and for the due administration thereof.
24. Repeal and savings – (1) To the extent that they form part of the law of Samoa, the following enactments are repealed:
(a) the Diplomatic Immunities and Privileges Act 1957 (New Zealand);
(b) so much of the Schedule to the Reprint of Statutes Act 1972 as relates to the Diplomatic Immunities and Privileges Act 1957 (New Zealand);
(c) sections 3 and 5 of the Act of Parliament of Great Britain intituled the Diplomatic Privileges Act 1708.
(2) The repeal of a provision by this Act does not affect the grant of a privilege or immunity under the provision so repealed and any
grant of any privilege or immunity, so far as it subsists at the time of repeal, continues to have effect as if it had been made
under the corresponding provisions of this Act.
SCHEDULES
SCHEDULE 1
(Sections 4 and 18(2))
THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS
The States Parties To The Present Convention:
RECALLING that peoples of all nations from ancient times have recognised the status of diplomatic agents;
HAVING IN MIND the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations;
BELIEVING that an international convention on diplomatic intercourse, privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems;
REALISING that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing States;
AFFIRMING that the rules of customary international law should continue to govern questions not expressly regulated by the provisions of the present Convention;
HAVE AGREED as follows:
ARTICLE 1
For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them:
(a) The "head of the mission" is the person charged by the sending State with the duty of acting in that capacity;
(b) The "members of the mission" are the head of the mission and the members of the staff of the mission;
(c) The "members of the staff of the mission" are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission;
(d) The "members of the diplomatic staff" are the members of the staff of the mission having diplomatic rank;
(e) A "diplomatic agent" is the head of the mission or a member of the diplomatic staff of the mission;
(f) The "members of the administrative and technical staff" are the members of the staff of the mission employed in the administrative and technical service of the mission;
(g) The "members of the service staff" are the members of the staff of the mission in the domestic service of the mission;
(h) A "private servant" is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State;
(i) The "premises of the mission" are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.
ARTICLE 2
The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.
ARTICLE 3
(a) Representing the sending State in the receiving State;
(b) Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law;
(c) Negotiating with the Government of the receiving State;
(d) Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State;
(e) Promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations.
ARTICLE 4
ARTICLE 5
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.
ARTICLE 7
Subject to the provisions of Articles 5, 8, 9 and 11, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attaches, the receiving State may require their names to be submitted beforehand, for its approval.
ARTICLE 8
ARTICLE 9
ARTICLE 10
(a) The appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission;
(b) The arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a person becomes or ceases to be a member of the family of a member of the mission;
(c) The arrival and final departure of private servants in the employ of persons referred to in subparagraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of such persons;
(d) The engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities.
ARTICLE 11
ARTICLE 12
The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established.
ARTICLE 13
ARTICLE 14
(a) That of ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank;
(b) That of envoys, ministers and internuncios accredited to Heads of State;
(c) That of charges d'affaires accredited to Ministers for Foreign Affairs.
ARTICLE 15
The class to which the heads of their missions are to be assigned shall be agreed between States.
ARTICLE 16
ARTICLE 17
The precedence of the members of the diplomatic staff of the mission shall be notified by the head of the mission to the Ministry for Foreign Affairs or such other ministry as may be agreed.
ARTICLE 18
The procedures to be observed in each State for the reception of heads of mission shall be uniform in respect of each class.
ARTICLE 19
ARTICLE 20
The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport.
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE 24
The archives and documents of the mission shall be inviolable at any time and wherever they may be.
ARTICLE 25
The receiving State shall accord full facilities for the performance of the functions of the mission.
ARTICLE 26
Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory.
ARTICLE 27
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
ARTICLE 31
(a) A real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(b) An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;
(c) An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.
ARTICLE 32
ARTICLE 33
(a) That they are not nationals of or permanently resident in the receiving State; and
(b) That they are covered by the social security provisions which may be in force in the sending State or a third State.
ARTICLE 34
A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:
(a) Indirect taxes of a kind which are normally incorporated in the price of goods or services;
(b) Dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(c) Estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39;
(d) Dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;
(e) Charges levied for specific services rendered;
(f) Registration, Court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.
ARTICLE 35
The receiving State shall exempt diplomatic agents from all 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 36
(a) Articles for the official use of the mission;
(b) Articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment.
ARTICLE 37
ARTICLE 38
ARTICLE 39
ARTICLE 40
ARTICLE 41
ARTICLE 42
A diplomatic agent shall not in the receiving State practise for personal profit any professional or commercial activity.
ARTICLE 43
The function of a diplomatic agent comes to an end, inter alia:
(a) On notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end;
(b) On notification by the receiving State to the sending State that, in accordance with paragraph 2 of Article 9, it refuses to recognise the diplomatic agent as a member of the mission.
ARTICLE 44
The receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the families of such persons irrespective of their nationality, to leave at the earliest possible moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselves and their property.
ARTICLE 45
If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled:
(a) The receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives;
(b) The sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State;
(c) The sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.
ARTICLE 46
A sending State may with the prior consent of a receiving State, and at the request of a third State not represented in the receiving State, undertake the temporary protection of the interests of the third State and of its nationals.
ARTICLE 47
(a) Where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its mission in the sending State;
(b) Where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.
ARTICLE 48
The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialised agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention, as follows: until 31 October 1961 at the Federal Ministry for Foreign Affairs of Austria and subsequently, until 31 March 1962, at the United Nations Headquarters in New York.
ARTICLE 49
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary General of the United Nations.
ARTICLE 50
The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in Article 48. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
ARTICLE 51
ARTICLE 52
The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mentioned in Article 48:
(a) Of signatures to the present Convention and of the deposit of instruments of ratification or accession, in accordance with Articles 48, 49 and 50;
(b) Of the date on which the present Convention will enter into force, in accordance with Article 51.
ARTICLE 53
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic,
shall be deposited with the
Secretary-General of the United Nations, who shall send certified copies thereof to all States belonging to any of the four categories
mentioned in Article 48.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their respective Governments, have signed the present Convention.
DONE AT VIENNA, this eighteenth day of April one thousand nine hundred and sixty-one.
Signatures not reproduced
SCHEDULE 2
(Section 9(2)(a))
PRIVILEGES AND IMMUNITIESOF INTERNATIONAL ORGANISATIONS
1. Immunity from suit and legal process.
SCHEDULE 3
(Section 9(2)(b))
PRIVILEGES AND IMMUNITIES OF
REPRESENTATIVES, MEMBERS OF COMMITTEES,
HIGH OFFICERS, AND PERSONS ON MISSIONS
SCHEDULE 4
(Section 9(2)(c))
PRIVILEGES AND IMMUNITIES
OF OTHER OFFICERS AND SERVANTS
SCHEDULE 5
(Section 9(3))
PRIVILEGES AND IMMUNITIES OF OFFICIAL
STAFFS AND OF PRINCIPAL OFFICERS' FAMILIES
SCHEDULE 6
(Section 13)
VIENNA CONVENTION ON CONSULAR RELATIONS
The State Parties To The Present Convention:
RECALLING that consular relations have been established between people since ancient times;
HAVING IN MIND the purposes and Principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations;
CONSIDERING that the United Nations Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on Diplomatic Relations which was opened for signature on April 18, 1961;
BELIEVING that an international convention on consular relations, privileges and immunities would also contribute to the development of friendly relations among nations, irrespective of their deferring constitutional and social systems;
REALISING that the purposes of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by consular posts on behalf of their respective States;
AFFIRMING that the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention;
HAVE AGREED as follows:
ARTICLE 1
Definitions
(a) “Consular post” means any consulate-general, consulate, vice-consulate or consular agency;
(b) “Consular district” means the area assigned to a consular post for the exercise of consular functions;
(c) “Head of consular post” means the person charged with the duty of acting in that capacity;
(d) “Consular officer” means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions.
(e) “Consular employee” means any person employed in the administrative or technical service of a consular post.
(f) “Member of the service staff” means any person employed in the domestic service of a consular post.
(g) “Members of the consular post” means consular officers, consular employees and members of the service staff.
(h) “Members of the consular staff” means consular officers, other than the head of a consular post, consular employees and members of the service staff.
(i) “Member of the private staff” means a person who is employed exclusively in the private service of a member of the consular post.
(j) “Consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post.
(k) “Consular archives” includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card-indexes and any article of furniture intended for their protection or safekeeping.
CHAPTER I
CONSULAR RELATIONS IN GENERAL
SECTION 1
ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS
ARTICLE 2
Establishment of Consular Relations
ARTICLE 3
Exercise of Consular Functions
Consular functions are exercised by consular posts. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention.
ARTICLE 4
Establishment of a Consular Post
ARTICLE 5
Consular Functions
Consular Functions consists in:
(a) Protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;
(b) Furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the provisions of the present Convention;
(c) Ascertaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting thereon to the Government of the sending State and giving information to persons interested;
(d) Issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State;
(e) Helping and assisting nationals, both individuals and bodies corporate, of the sending State;
(f) Acting as notary and civil registrar and in capacities of a similar kind, and performing certain function of an administrative nature, PROVIDED THAT there is nothing contrary thereto in the laws and regulations of the receiving State;
(g) Safeguarding the interests of nationals, both individuals and bodies corporate, of the sending State in cases of succession mortis causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving State;
(h) Safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;
(i) Subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;
(j) Transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for the Courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State;
(k) Exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having the nationality of the sending State, and of aircraft registered in that State, and in respect of their crews;
(l) Extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of this Article, and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship's papers, and, without prejudice to the powers of the authorities of the receiving State, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen insofar as this may be authorised by the laws and regulations of the sending State;
(m) Performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.
ARTICLE 6
Exercise of Consular Functions
Outside the Consular District
A consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district.
ARTICLE 7
Exercise of Consular Functions in a Third State
The sending State may, after notifying the States concerned, entrust a consular post established in a particular State with the exercise of consular functions in another State, unless there is express objection by one of the States concerned.
ARTICLE 8
Exercise of Consular Functions on Behalf of a Third State
Upon appropriate notification to the receiving State, a consular post of the sending State may, unless the receiving State objects, exercise consular functions in the receiving State on behalf of a third State.
ARTICLE 9
Classes of Heads of Consular Posts
(a) Consuls-general;
(b) Consuls;
(c) Vice-consuls;
(d) Consular agents.
ARTICLE 10
Appointment and Admission of Heads of Consular Posts
ARTICLE 11
The Consular Commission or Notification of Appointment
ARTICLE 12
The Exequatur
ARTICLE 13
Provisional Admission if Heads of Consular Posts
Pending the delivery of the exequatur, the head of a consular post may be admitted on a provisional basis to the exercise of his functions. In that case, the provisions of the present Convention shall apply.
ARTICLE 14
Notification to the Authorities of the Consular District
As soon as the head of a consular post is admitted even provisionally to the exercise of his functions, the receiving State shall immediately notify the competent authorities of the consular district. It shall also ensure that the necessary measures are taken to enable the head of a consular post to carry out the duties of his office and to have the benefit of the provisions of the present Convention.
ARTICLE 15
Temporary Exercise of the Functions of the head of a Consular Post
ARTICLE 16
Precedence as Between Heads of Consular Posts
ARTICLE 17
Performance of Diplomatic Acts by Consular Officers
ARTICLE 18
Appointment of the Same Person by Two or More
States as a Consular Officer
Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that State.
ARTICLE 19
Appointment of Members of Consular Staff
ARTICLE 20
Size of the Consular Staff
In the absence of an express agreement as to the size of the consular staff, the receiving State may require that the size of the staff be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the consular district and to the needs of the particular post.
ARTICLE 21
Precedence as Between Consular Officers of a Consular Post
The order of precedence as between the consular officers of a consular post and any change thereof shall be notified by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.
ARTICLE 22
Nationality of Consular Officers
ARTICLE 23
Persons Declared Non Grata
ARTICLE 24
Notification to the Receiving State of Appointments,
Arrivals and Departures
(a) The appointment of members of a consular post, their arrival after appointment to the consular post, their final departure or the termination of their functions and any other changes affecting their status that may occur in the course of their service with the consular post;
(b) The arrival and final departure of a person belonging to the family of a member of a consular post forming part of his household and, where appropriate, the fact that a person becomes or ceases to be such a member of the family;
(c) The arrival and final departure of members of the private staff and, where appropriate, the termination of their service as such;
(d) The engagement and discharge of persons resident in the receiving State as members of a consular post or as members of the private staff entitled to privileges and immunities.
SECTION II
END OF CONSULAR FUNCTIONS
ARTICLE 25
Termination of the Functions of a Member of a Consular Post
The functions of a member of a consular post shall come to an end inter alia:
(a) On notification by the sending State to the receiving State that his functions have come to an end;
(b) On withdrawal of the exequatur;
(c) On notification by the receiving State to the sending State that the receiving State has ceased to consider him as a member of the consular staff.
ARTICLE 26
Departure from the Territory of the Receiving State
The receiving State shall, even in case of armed conflict, grant to members of the consular post and members of the private staff, other than nationals of the receiving State, and to members of their families forming part of their households irrespective of nationality, the necessary time and facilities to enable them to prepare their departure and to leave at the earliest possible moment after the termination of the functions of the members concerned. In particular, it shall, in the case of need, place at their disposal the necessary means of transport for themselves and their property other than property acquired in the receiving State the export of which is prohibited at the time of departure.
ARTICLE 27
Protection of Consular Premises and Archives and of the
Interests of the Sending State in Exceptional Circumstances
(a) The receiving State shall, even in case of armed conflict, respect and protect the consular premises, together with the property of the consular post and the consular archives;
(b) The sending State may entrust the custody of the consular premises, together with the property contained therein and the consular archives, to a third State acceptable to the receiving State;
(c) The sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.
(a) If the sending State, although not represented in the receiving State by a diplomatic mission, has another consular post in the territory of that State, that consular post may be entrusted with the custody of the premises of the consular post which has been closed, together with the property contained therein and the consular archives, and, with the consent of the receiving State, with the exercise of consular functions in the district of that consular post; or
(b) If the sending State has no diplomatic mission and no other consular post in the receiving State, the provisions of subparagraphs (b) and (c) of paragraph 1 of this Article shall apply.
CHAPTER II
FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO CONSULAR POSTS, CAREER CONSULAR
OFFICERSAND OTHER MEMBERS OF CONSULAR POST
SECTION 1
FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO A CONSULAR POST
ARTICLE 28
Facilities for the Work of the Consular Post
The receiving State shall accord full facilities for the performance of the functions of the consular post.
ARTICLE 29
Use of National Flag and Coat-of-Arms
ARTICLE 30
Accommodation
ARTICLE 31
Inviolability of the Consular Premises
ARTICLE 32
Exemption from Taxation of Consular Premises
ARTICLE 33
Inviolability of the Consular Archives and Documents
The consular archives and documents shall be inviolable at all times and wherever they may be.
ARTICLE 34
Freedom of Movement
Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure freedom of movement and travel in its territory to all members of the consular post.
ARTICLE 35
Freedom of Communication
ARTICLE 36
Communication and Contact with Nationals of the Sending State
(a) Consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of
the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;
(b) If he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;
(c) Consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.
ARTICLE 37
Information in Cases of Deaths, Guardianship
or Trusteeship, Wrecks and Air Accidents
If the relevant information is available to the competent authorities of the receiving State, such authorities shall have the duty:
(a) In the case of the death of a national of the sending State, to inform without delay the consular post in whose district the death occurred;
(b) To inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a national of the sending State. The giving of this information shall, however, be without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments;
(c) If a vessel, having the nationality of the sending State, is wrecked or runs aground in the territorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State suffers an accident on the territory of the receiving State, to inform without delay the consular post nearest to the scene of the occurrence.
ARTICLE 38
Communication with the Authorities of the Receiving State
In the exercise of their functions, consular officers may address:
(a) The competent local authorities of their consular district;
(b) The competent central authorities of the receiving State if and to the extent that this is allowed by the laws, regulations and usages of the receiving State or by the relevant international agreements.
ARTICLE 39
Consular Fees and Charges:
SECTION II
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING
TO CAREER CONSULAR OFFICERS AND OTHER MEMBERS
OF A CONSULAR POST
ARTICLE 40
Protection of Consular Officers
The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity.
ARTICLE 41
Personal Inviolability of Consular Officers
ARTICLE 42
Notification of Arrest, Detention or Prosecution
In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the receiving State shall promptly notify the head of the consular post. Should the latter be himself the object of any such measure, the receiving State shall notify the sending State through the diplomatic channel.
ARTICLE 43
Immunity from Jurisdiction
(a) Arising out of a contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending State; or
(b) By a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.
ARTICLE 44
Liability to Give Evidence
ARTICLE 45
Waiver of Privileges and Immunities
ARTICLE 46
Exemption from Registration of
Aliens and Residence Permits
ARTICLE 47
Exemption from Work Permits
ARTICLE 48
Social Security Exemption
(a) That they are not nationals of or permanently resident in the receiving State; and
(b) That they are covered by the social security provisions which are in force in the sending State or a third State.
ARTICLE 49
Exemption from Taxation
(a) Indirect taxes of a kind which are normally incorporated in the price of goods or services;
(b) Dues or taxes on private immovable property situated in the territory of the receiving State, subject to the provisions of Article 32;
(c) Estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of paragraph (b) of Article 51;
(d) Dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State;
(e) Charges levied for specific services rendered;
(f) Registration, Court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.
ARTICLE 50
Exemption from Customs Duties and Inspection
(a) Articles for the official use of the consular post;
(b) Articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment. The articles intended for consumption shall not exceed the quantities necessary for direct utilisation by the persons concerned.
ARTICLE 51
Estate of a Member of the Consular
Post or of a Member of his Family
In the event of the death of a member of the consular post or of a member of his family forming part of his household, the receiving State:
(a) Shall permit the export of the movable property of the deceased, with the exception of any such property acquired in the receiving State the export of which was prohibited at the time of his death;
(b) Shall not levy national, regional or municipal estate, succession of inheritance duties, and duties on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family of a member of the consular post.
ARTICLE 52
Exemption from Personal Services and Contributions
The receiving State shall exempt members of the consular post and members of their families forming part of their households from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.
ARTICLE 53
Beginning and End of Consular Privileges and Immunities
ARTICLE 54
Obligations of Third States
ARTICLE 55
Respect for the Laws and Regulations to the Receiving State
ARTICLE 56
Insurance Against Third Party Risks
Members of the consular post shall comply with any requirement imposed by the laws and regulations of the receiving State in respect of insurance against third party risks arising from the use of any vehicle, vessel or aircraft.
ARTICLE 57
Special Provisions Concerning
Private Gainful Occupation
(a) To consular employees or to members of the service staff who carry on any private gainful occupation in the receiving State;
(b) To members of the family of a person referred to in subparagraph (a) of this paragraph or to members of his private staff;
(c) To members of the family of a member of a consular post who themselves carry on any private gainful occupation in the receiving State.
CHAPTER III
REGIME RELATING TO HONORARY CONSULAR OFFICERS
AND CONSULAR POSTS HEADED BY SUCH OFFICERS
ARTICLE 58
General Provisions Relating to
Facilities, Privileges and Immunities
ARTICLE 59
Protection of the Consular Premises
The receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.
ARTICLE 60
Exemption from Taxation of Consular Premises:
ARTICLE 61
Inviolability of Consular Archives and Documents
The consular archives and documents of a consular post headed by an honorary consular officer shall be inviolable at all times and wherever they may be, PROVIDED THAT they are kept separate from other papers and documents and in particular, from the private correspondence of the head of a consular post and of any person working with him, and from the materials, books or documents relating to their profession or trade.
ARTICLE 62
Exemption from Customs Duties
The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of, and grant exemption from all custom duties, taxes, and related charges other than charges for storage, cartage and similar services on the following articles, PROVIDED THAT they are for the official use of a consular post headed by an honorary consular officer: coats-of-arms, flags, signboards, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.
ARTICLE 63
Criminal Proceedings
If criminal proceedings are instituted against an honorary consular officer, he must appear before the competent authorities. Nevertheless, the proceedings, shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible. When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay.
ARTICLE 64
Protection of Honorary Consular Officers
The receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position.
ARTICLE 65
Exemption from Registration of Aliens and Residence Permits
Honorary consular officers, with the exception of those who carry on for personal profit any professional or commercial activity in the receiving State, shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.
ARTICLE 66
Exemption from taxation
An honorary consular officer shall be exempt from all dues and taxes on the remuneration and emoluments which he receives from the
sending State in respect of the exercise of consular functions.
ARTICLE 67
Exemption from personal Services and Contributions
The receiving State shall exempt honorary consular officers from all personal services and from all public services of any kind whatsoever and from military obligations such as those connected with requisitioning, military contributions and billeting.
ARTICLE 68
Optional Character of the Institution of Honorary Consular Officers
Each State is free to decide whether it will appoint or receive honorary consular officers.
CHAPTER IV
GENERAL PROVISIONS
ARTICLE 69
Consular Agents Who are not Heads of Consular Posts
ARTICLE 70
Exercise of Consular Functions by Diplomatic Missions
(a) The local authorities of the consular district;
(b) The central authorities of the receiving State if this is allowed by the laws, regulations and usages of the receiving State or by relevant international agreements.
ARTICLE 71
Nationals or Permanent Residents of the Receiving State
ARTICLE 72
Non-discrimination
(a) where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its consular posts in the sending State;
(b) where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.
ARTICLE 73
Relationship between the Present Convention and other
International Agreements
CHAPTER V
FINAL PROVISIONS
ARTICLE 74
Signature
The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialised agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of United Nations to become a Party to the Convention, as follows: until 31 August 1963 at the Federal Ministry for Foreign Affairs of Republic of Austria and subsequently, until 31 March 1964 at the United Nations Headquaters in New York.
ARTICLE 75
Ratification
The present Convention subject to ratification. The instrument of ratification shall be deposited with the Secretary-General of the United Nations.
ARTICLE 76
Accession
The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in Article 74. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
ARTICLE 77
Entry into Force
ARTICLE 78
Notifications by the Secretary-General
The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mentioned in Article 74:
(a) of signature to the present Convention and of the deposit of instruments of ratification or accession, in accordance with Articles 74, 75 and 76;
(b) of the date on which the present Convention will enter in force in accordance with Article 77.
ARTICLE 79
Authentic Texts
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish text are equally authentic, shall be deposited with the Secretary-General of United Nations, who shall send certified copies thereof to all States belonging to any of the four categories mentioned in Article 74.
IN WITNESS WHEREOF the undersigned PLENIPOTENTIARIES, being duly authorised thereto by their respective Governments, have signed the present Convention.
DONE at Vienna, this twenty-fourth day of April, one thousand nine hundred and sixty-three.
Signatures (not reproduced)
REVISION NOTES 2008 – 2013
This is the official version of this Act as at 31 December 2013.
This Act has been revised by the Legislative Drafting Division in 2008, 2009, 2010, 2011, 2012 and 2013 under the authority of the Attorney General given under the Revision and Publication of Laws Act 2008.
The following general revisions have been made:
(a) Amendments have been made to up-date references to offices, officers and statutes.
(b) Amendments have been made to up-date references to offices, officers and statutes.
(b) Insertion of the commencement date
(c) Other minor editing has been done in accordance with the lawful powers of the Attorney General.
(i) “Every” and “any” changed to “a”
(ii) “shall be” changed to “is” and “shall be deemed” changed to “is taken”
(iii) “shall have” changed to “has”
(iv) “shall be guilty” changed to “commits”
(v) “notwithstanding” changed to “despite”
(vi) “pursuant to” or “in accordance with the provisions of” changed to “under”
(vii) “it shall be lawful” changed to “may”
(viii) “it shall be the duty” changed to “shall”
(ix) Numbers in words changed to figures
(x) “hereby” and “from time to time” (or “at any time” or “at all times”) removed
(xi) “under the hand of” changed to “signed by”
(xii)
(xiii) “of this Act” deleted from section 5(3).
There were no amendments made to this Act since the publication of the Consolidated and Revised Statutes of Samoa 2007.
This Act is administered by
the Ministry of Foreign Affairs and Trade.
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