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BERMUDA
1980 : 67
DIPLOMATIC
PRIVILEGES ACT 1980
ARRANGEMENT OF
SECTIONS
1 Citation
2 Interpretation
3 Governor to act in his dis cretion
4 Application of Vienna Convention on
Diplomatic Relations
5 Certain provisions of the Convention to
have the force of law
6 Exemption from customs duty
7 Withdrawal of privileges and immunities
8 Certificate by Governor
9 Regulations
SCHEDULE
Vienna
Convention on Diplo matic Relations
[8 August 1980]
[preamble and
words of enactment omitted]
Citation
1 This Act may be cited as the
Diplomatic Privileges Act 1980.
Interpretation
2 (1) In
this Act unless the context otherwise requires—
"the
Convention" means the Vienna Convention on Diplomatic Relations, a copy of
the English text of which is set out in
the First Schedule;
"mission"
means any person or group of persons to whom the Convention has been applied by
the Governor under section 4
but only in so far as the Convention has been so
applied;
"overseas
country" means a country other than Bermuda.
(2) In this Act the expressions defined by the
Convention shall have the same respective meanings as they have in the
Convention.
Governor to act
in his discretion
3 In the exercise of power and duties
conferred or imposed upon him by this Act the Governor shall act in his
discretion and no statutory
instrument made by him shall be subject to
parliamentary scrutiny.
Application of
Vienna Convention on Diplomatic Relations
4 The Governor may by order declare any
person or class of person representing in Bermuda an overseas country or any
ministry, official
of fice, department or specialized agency of such country
other than a per son or class of person to whom the Consular Relations
Act 1971
[title 6 item 1] or the International
Organizations Etc. (Immunities and Privi leges) Act 1948 [title 6 item 6] apply to be a diplomatic agent or diplo matic
agents, as the case may be, for the purposes of the Convention and may in such
order
apply all or any of the provisions of the Convention to such person or
class of person.
Certain
provisions of the Convention to have the force of law
5 (1) This
Act and the Convention shall operate to the exclusion of any provision of law
that deals with a matter dealt with by this Act
or the Convention so far as it
is made to apply by virtue of an order made by the Governor under section 4.
(2) Subject to this section the provisions of
articles 1, 22 to 24 inclusive and 27 to 40 inclusive of the Convention shall
have the
force of law in respect of any mission.
(3) For the purpose of those articles of the
Convention having the force of law by virtue of subsection (2)—
(a) a reference in those provisions to the
receiving State shall be read as a reference to Bermuda;
(b) a reference in those provisions to a national
of the re ceiving State shall be read as a reference to a person who is deemed
to
possess Bermudian status;
(c) the reference in paragraph 1 of article 22 to
agents of the receiving State shall be read as including a
reference to Bermudian police officers and persons exercising a power of entry
to premises under any statutory provision;
(d) a waiver by the head of a mission or by a
person for the time being performing the functions of head mission, shall be
deemed to
be a waiver by that overseas country which the mission represents;
(e) the provisions of articles 35, 36 and 40 shall
be treated as granting the privileges or immunities that those arti cles
require
to be granted;
(f) the reference in paragraph 1 of article 36 to
such laws and regulations as the receiving State may adopt shall be read as
including
a reference to subsection (4) of this section, to section 6 and to
any regulations made under this Act for the purposes of that
paragraph as
having the force of law by virtue of this section;
(g) the reference in paragraph 4 of article 37 and
paragraph 2 of article 38 to the extent to which privileges and im munities are
admitted
by the receiving State shall be read as references to the extent to
which privileges and immunities are granted by section 8 of
this Act; and
(h) the reference in paragraph 1 of article 39 to
the Ministry for Foreign Affairs or such other ministry as may be agreed shall
be
read as a reference to such Minister as the Governor may designate.
(4) Nothing in subsection (1) affects the
application of any pro vision of the law relating to quarantine or prohibiting
or restricting
the importation into, or the exportation from Bermuda of any
animals, plants or goods, but this subsection does not prejudice the
immunity
from suit or from civil or criminal process that any person may have by virtue
of subsection (2).
Exemption from
customs duty
6 (1) This
section applies in relation to the exemption from cus toms duties and related
charges provided for by paragraph 1 of article
36, or paragraph 2 of article 37
of the Convention as having the force of law by virtue of section 5 in respect
of articles imported
into Bermuda that are for the use of a mission or person
referred to in these paragraphs.
(2) The exemption does not apply where any other
articles of the same kind, or of a similar kind, that have been imported into
Bermuda
were, when they were imported, intended for the use of a mis sion or
person referred to in subsection (1) and the Minister of Finance
by instrument
in writing, declares that, in his opinion, the reasonable requirements of the
mission or person, have adequately
been met by the other articles so imported.
(3) The exemption does not apply unless the
person for whose use the articles are intended, or, if the articles are
intended for the
use of a mission, the head of the mission, agrees that, if the
articles are sold or otherwise disposed of in Bermuda within two
years after
the importation of the articles, he will pay into the Consolidated Fund an
amount equal to so much, if any, as the
Minister of Finance determines of the
customs duties, taxes and related charges that, but for paragraph 1 of article
36 or paragraph
1 or paragraph 2 of article 37 of the Convention, as the case
may be, would have been payable in respect of the articles.
Withdrawal of
privileges and immunities
7 (1) Where
the Governor is satisfied that the privileges and im munities granted in
relation to a United Kingdom diplomatic mission in
an overseas country, or to
persons connected with that mission, are less than the privileges and
immunities granted by this Act
in relation to the mission of that country, or
to persons connected with that mission, he may by instrument in writing
withdraw,
in relation to that mission or persons connected with that mission
all or any of the privileges and im munities granted by this
Act.
(2) The Governor shall cause any such instrument
to be pub lished in the Gazette.
Certificate by
Governor
8 (1) The
Governor may give a certificate in writing certifying any fact relevant to the
question whether a person is, or was at any time
or in respect of any period,
entitled to any privileges or immunities by virtue of this Act.
(2) In any proceedings, a certificate given
under this section is evidence of the facts certified.
Regulations
9 The Governor may make regulations, not
inconsistent with this
Act necessary or
convenient for carrying out or giving effect to this Act.
SCHEDULE
VIENNA CONVENTION
ON DIPLOMATIC RELATIONS
The States Parties
to the present Convention, Recalling that peoples of all nations from ancient
times have recognized the status
of diplomatic agents.
Having in mind the
purposes and principles of the Charter of the United Nations concerning the
sovereign equality of States, the
maintenance of international peace and
security, and the promotion of friendly relations among nations.
Believing that an
international convention on diplomatic intercourse, privileges and immunities
would contribute to the development
of friendly relations among nations,
irrespective of their differing constitu tional and social systems.
Realizing that the
purpose of such privileges and immunities is not to benefit individuals but to
ensure the efficient performance
of the func tions 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 pre sent 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 mis sion and the members of the staff of the mission;
(c) the "members of the staff of the
mission" are the mem bers 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 in cluding the
residence of the head of the mission.
Article 2
The establishment
of diplomatic relations between States, and of perma nent diplomatic missions,
takes place by mutual consent.
Article 3
1 The functions of a diplomatic mission
consist inter alia in:
(a) representing the sending State in the receiving
State;
(b) protecting in the receiving State the interests
of the sending State and of its nationals, within the limits per mitted by
international
law;
(c) negotiating with the Government of the receiving
State;
(d) ascertaining by all lawful means conditions and
devel opments in the receiving State, and reporting thereon to the Government
of
the sending State;
(e) promoting friendly relations between the
sending State and the receiving State, and developing their economic, cultural
and scientific
relations.
2 Nothing in the present Convention shall be construed as pre venting the performance of consular functions by a diplomatic mission.
Article 4
1 The
sending State must make certain that the agreement of the
receiving State
has been given for the person it proposes to accredit as head of the mission to
that State.
2 The receiving State is not obliged to
give reasons to the sending State for a refusal of agreement.
Article 5
1 The sending State may, after it has
given due notification to the receiving States concerned, accredit a head of
mission or assign
any member of the diplomatic staff, as the case may be, to
more than one State, unless there is express objection by any of the
receiving
States.
2 If the sending State accredits a head
of mission to one or more other States it may establish a diplomatic mission
headed by a charge d'affaires ad interim
in each State where the head of mission has not his permanent seat.
3 A head of mission or any member of the
diplomatic staff of the mission may act as representative of the sending State
to any interna
tional organization.
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 mil itary, naval or air
attaches, the receiving State may require their names to be submitted
beforehand, for its
approval.
Article 8
1 Members of the diplomatic staff of the
mission should in princi ple be of the nationality of the sending State.
2 Members of the diplomatic staff of the
mission may not be ap pointed from among persons having the nationality of the
receiving
State, except with the consent of that State which may be withdrawn
at any time.
3 The receiving State may reserve the
same right with regard to nationals of a third State who are not also nationals
of the sending
State.
Article 9
1 The receiving State may at any time
and without having to ex plain 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 accept able. In any such case, the
sending State shall, as appropriate,
either re call the person concerned or
terminate his functions with the mission. A person may be declared non grata or not acceptable before
arriving in the territory of the receiving State.
2 If the sending
State refuses or fails within a reasonable period to carry out its obligations
under paragraph 1 of this Article,
the receiving State may refuse to recognize
the person concerned as a member of the mis sion.
Article 10
1 The Ministry for Foreign Affairs of
the receiving State, or such other ministry as may be agreed, shall be notified
of:
(a) the appointment of members of the mission,
their arrival and their final departure or the termination of their functions
with the
mission;
(b) the arrival and final departure of a person
belonging to the family of a member of the mission and, where ap propriate, the
fact
that a person becomes or ceases to be a member of the family of a member
of the mission;
(c) the arrival and final departure of private
servants in the employ of persons referred to in sub-paragraph (a) of this
paragraph
and, where appropriate, the fact that they are leaving the employ of
such persons;
(d) the engagement and discharge of persons resident
in the receiving State as members of the mission or private ser vants entitled
to privileges and immunities.
2 Where
possible, prior notification of arrival and final departure shall also be
given.
Article 11
1 In the absence of specific agreement
as to the size of the mission, the receiving State may require that the size of
a mission be
kept within limits considered by it to be reasonable and normal,
having regard to cir cumstances and conditions in the receiving
State and to
the needs of the particular mission.
2 The receiving State may equally,
within similar bounds and on a non-discriminatory basis, refuse to accept
officials of a particular
cate gory.
Article 12
The sending State
may not, without the prior express consent of the re ceiving State, establish
offices forming part of the mission
in localities other than those in which the
mission itself is established.
Article 13
1 The head of the mission is considered
as having taken up his functions in the receiving State either when he has
presented his cre
dentials or when he has notified his arrival and a true copy
of his cre dentials has been presented to the Ministry for Foreign
Affairs of
the re ceiving 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.
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
1 Heads of mission are divided into
three classes, namely:
(a) that of ambassadors or nuncios accredited to
Heads of State, and other heads of mission of equivalent rank;
(b) that of envoys, ministers and internuncios
accredited to Heads of State;
(c) that of charges
d'affaires accredited to Ministers for For eign Affairs.
2 Except as concerns precedence and
etiquette, there shall be no differentiation between heads of mission by reason
of their class.
Article 15
The class to which
the heads of their missions are to be assigned shall be agreed between States.
Article 16
1 Heads of mission shall take precedence
in their respective classes in the order of the date and time of taking up
their functions
in accordance with Article 13.
2 Alterations in the credentials of a
head of mission not involving any change of class shall not affect his
precedence.
3 This article is without prejudice to
any practice accepted by the receiving State regarding the precedence of the
representative
of the Holy See.
Article 17
The precedence of
the members of the diplomatic staff of the mission shall be notified by the
head of the mission to the Ministry
for Foreign Affairs or such other ministry
as may be agreed.
Article 18
The procedure to
be observed in each State for the reception of heads of mission shall be
uniform in respect of each class.
Article 19
1 If the post of head of the mission is
vacant, or if the head of the mission is unable to perform his functions, a charge d'affaires ad interim shall act
provisionally as head of the mission. The name of the charge d'affaires ad interim shall be notified, either by the head
of the mission or, in case he is unable to do so, by the Ministry for Foreign
Affairs of
the sending State to the Ministry for Foreign Affairs of the
receiving State or such other ministry as may be agreed.
2 In
cases where no member of the diplomatic staff of the mission is present in the
receiving State, a member of the administrative
and technical staff may, with
the consent of the receiving State, be desig nated by the sending State to be
in charge of the current
administrative affairs of the mission.
Article 20
The mission and
its head shall have the right to use the flag and emblem of the sending State
on the premises of the mission, including
the resi dence of the head of the
mission, and on his means of transport.
Article 21
1 The receiving State shall either
facilitate the acquisition on its territory, in accordance with its laws by the
sending State of
premises necessary for its mission or assist the latter in
obtaining accommodation in some other way.
2 It shall also, where necessary, assist
missions in obtaining suit able accommodation for their members.
Article 22
1 The premises of the mission shall be
inviolable. The agents of the receiving State may not enter them, except with the
consent of
the head of the mission.
2 The receiving State is under a special
duty to take all appropriate steps to protect the premises of the mission
against any intrusion
or damage and to prevent any disturbance of the peace of
the mission or impairment of its dignity.
3 The premises of the mission, their
furnishings and other prop erty thereon and the means of transport of the
mission shall be immune
from search, requisition, attachment or execution.
Article 23
1 The sending State and the head of the
mission shall be exempt from 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.
2 The exemption from taxation referred
to in this Article shall not apply to such dues and taxes payable under the law
of the receiving
State by persons contracting with the sending State or the
head of the mission.
Article 24
The archives and
documents of the mission shall be inviolable at any time and wherever they may
be.
Article 25
The receiving
State shall accord full facilities for the performance of the functions of the
mission.
Article 26
Subject to its
laws and regulations concerning zones entry into which is prohibited or
regulated for reasons of national security,
the receiving State shall ensure to
all members of the mission freedom of movement and travel in its territory.
Article 27
1 The receiving State shall permit and
protect free communication on the part of the mission for all official
purposes. In communicating
with the Government and the other missions and
consulates of the sending State, wherever situated, the mission may employ all
appropri
ate means including diplomatic couriers and messages in code or
cipher. However, the mission may install and use a wireless transmitter
only
with the consent of the receiving State.
2 The official correspondence of the
mission shall be inviolable. Official correspondence means all correspondence
relating to the
mission and its functions.
3 The diplomatic bag shall not be opened
or detained.
4 The packages constituting the
diplomatic bag must bear visible external marks of their character and may
contain only diplomatic
doc uments or articles intended for official use.
5 The diplomatic courier, who shall be
provided with an official document indicating his status and the number of
packages constituting
the diplomatic bag, shall be protected by the receiving
State in the per formance of his functions. He shall enjoy personal
inviolability
and shall not be liable to any form of arrest or detention.
6 The
sending State or the mission may designate diplomatic couriers ad hoc. In such cases the provisions of
paragraph 5 of this Arti cle shall also apply, except that the immunities
therein mentioned shall
cease to apply when such a courier has delivered to the
consignee the diplomatic bag in his charge.
7 A diplomatic bag may be entrusted to
the captain of a commer cial aircraft scheduled to land at an authorized port
of entry. He
shall be provided with an official document indicating the number
of packages constituting the bag but he shall not be considered
to be a
diplomatic courier. The mission may send one of its members to take possession
of the diplomatic bag directly and freely
from the captain of the aircraft.
Article 28
The fees and
charges levied by the mission in the course of its official duties shall be
exempt from all dues and taxes.
Article 29
The person of a
diplomatic agent shall be inviolable. He shall not be li able to any form of arrest
or detention. The receiving
State shall treat him with due respect and shall
take all appropriate steps to prevent any attack on his person, freedom or
dignity.
Article 30
1 The private residence of a diplomatic
agent shall enjoy the same inviolability and protection as the premises of the
mission.
2 His papers, correspondence and, except
as provided in para graph 3 of Article 31, his property, shall likewise enjoy
inviolability.
Article 31
1 A diplomatic agent shall enjoy
immunity from the criminal juris diction 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 situ ated 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 ac tivity exercised by the diplomatic agent in the receiving State
outside
his official functions.
2 A diplomatic agent is not obliged to
give evidence as a witness.
3 No measures of execution may be taken
in respect of a diplo matic agent except in the cases coming under
sub-paragraphs (a), (b)
and (c) of paragraph 1 of this Article, and provided
that the measures concerned can be taken without infringing the inviolability
of his person or of his residence.
4 The immunity of a diplomatic agent
from the jurisdiction of the receiving State does not exempt him from the
jurisdiction of the
sending State.
Article 32
1 The immunity from jurisdiction of
diplomatic agents and of per sons enjoying immunity under Article 37 may be
waived by the sending
State.
2 Waiver must always be express.
3 The initiation of proceedings by a
diplomatic agent or by a per son enjoying immunity from jurisdiction under
Article 37 shall preclude
him from invoking immunity from jurisdiction in
respect of any counter-claim directly connected with the principal claim.
4 Waiver of immunity from jurisdiction
in respect of civil or ad ministrative proceedings shall not be held to imply
waiver or immunity
in respect of the execution of the judgment, for which a
separate waiver shall be necessary.
Article 33
1 Subject to the provisions of paragraph
3 of this Article, a diplo matic agent shall with respect to services rendered
for the sending
State be exempt from social security provisions which may be in
force in the receiving State.
2 The exemption provided for in
paragraph 1 of this Article shall also apply to private servants who are in the
sole employ of a diplomatic
agent, on condition:
(a) that they are not nationals of or permanently resident
in the receiving State; and
(b) that
they are covered by the social security provisions which may be in force in the
sending State or a third State.
3 A diplomatic agent who employs persons
to whom the exemption provided for in paragraph 2 of this Article does not
apply shall observe
the obligations which the social security provisions of the
receiving State impose upon employers.
4 The exemption provided for in
paragraphs 1 and 2 of this Article shall not preclude voluntary participation
in the social security
system of the receiving State provided that such
participation is permitted by that State.
5 The provisions of this Article shall
not affect bilateral or multilat eral agreements concerning social security
concluded previously
and shall not prevent the conclusion of such agreement in
the future.
Article 34
A diplomatic agent
shall be exempt from all dues and taxes, personal or real, national, regional
or municipal, except:
(a) indirect taxes of a kind which are normally
incorporated in the price of goods or services;
(b) dues and taxes on private immovable property
situated in the territory of the receiving State, unless he holds it on behalf
of the
sending State for the purposes of the mission;
(c) estate, succession or inheritance duties levied
by the re ceiving 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 ser vices, from all
public service of any kind whatsoever,
and from military obligations such as
those connected with requisitioning, military contri butions and billeting.
Article 36
1 The receiving State shall, in
accordance with such laws and reg ulations as it may adopt, permit entry of and
grant exemption from
all customs duties, taxes, and related charges other than
charges for stor age, 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, in cluding
articles
intended for his establishment.
2 The personal baggage of a diplomatic
agent shall be exempt from inspection, unless there are serious grounds for
presuming that
it con tains articles not covered by the exemptions mentioned in
paragraph 1 of this Article, or articles the import or export of
which is
prohibited by the law or controlled by the quarantine regulations of the
receiving State. Such inspection shall be conducted
only in the presence of the
diplo matic agent or of his authorized representative.
Article 37
1 The members of the family of a
diplomatic agent forming part of his household shall, if they are not nationals
of the receiving
State, enjoy the privileges and immunities specified in
Articles 29 to 36.
2 Members of the administrative and
technical staff of the mission, together with members of their families forming
part of their
respective households, shall, if they are not nationals of or
permanently resident in the receiving State, enjoy the privileges
and
immunities specified in Arti cles 29 to 35, except that the immunity from civil
and administrative ju risdiction of the receiving
State specified in paragraph
1 of Article 31 shall not extend to acts performed outside the course of their
duties. They shall
also enjoy the privileges specified in Article 36, paragraph
1 in respect of articles imported at the time of first installation.
3 Members
of the service staff of the mission who are not nationals of or permanently
resident in the receiving State shall enjoy
immunity in respect of acts
performed in the course of their duties, exemption from dues and taxes on the
emoluments they receive
by reason of their em ployment and the exemption
contained in Article 33.
4 Private servants of members of the
mission shall, if they are not nationals of or permanently resident in the
receiving State, be
exempt from dues and taxes on the emoluments they receive
by reason of their employment. In other respects, they may enjoy privileges
and
immunities only to the extent admitted by the receiving State. However, the
receiving State must exercise its jurisdiction
over those persons in such a
manner as not to interfere unduly with the performance of the functions of the
mission.
Article 38
1 Except in so far as additional
privileges and immunities may be granted by the receiving State, a diplomatic
agent who is a national
of or permanently resident in that State shall enjoy
only immunity from juris diction, and inviolability, in respect of official
acts performed in the exer cise of his functions.
2 Other members of the staff of the
mission and private servants who are nationals of or permanently resident in
the receiving State
shall enjoy privileges and immunities only to the extent
admitted by the re ceiving State. However, the receiving State must exercise
its jurisdiction over those persons in such a manner as not to interfere unduly
with the performance of the functions of the mission.
Article 39
1 Every person entitled to privileges
and immunities shall enjoy them from the moment he enters the territory of the
receiving State
on proceeding to take up his post or, if already in its
territory, from the mo ment when his appointment is notified to the Ministry
for Foreign Affairs or such other ministry as may be agreed.
2 When the functions of a person
enjoying privileges and immuni ties have come to an end, such privileges and
immunities shall normally
cease at the moment when he leaves the country, or on
expiry of a rea sonable 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 mis sion,
immunity shall continue to subsist.
3 In case of the death of a member of
the mission, the members of his family shall continue to enjoy the privileges
and immunities
to which they are entitled until the expiry of a reasonable
period in which to leave the country.
4 In the event of the death of a member
of the mission not a na tional 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 excep tion of any property acquired in the country the export of which was
prohibited at the time of his death. Estate,
succession and inheritance duties
shall not be levied on movable property the presence of which in the receiving
State was due
solely to the presence there of the deceased as a member of the
mission or as a member of the family of a member of the mission.
Article 40
1 If a diplomatic agent passes through
or is in the territory of a third State, which has granted him a passport visa
if such visa
was nec essary, while proceeding to take up or to return to his
post, or when re turning to his own country, the third State shall
accord him
inviolability and such other immunities as may be required to ensure his
transit or return. The same shall apply in
the case of any members of his
family enjoying privileges or immunities who are accompanying the diplomatic
agent, or travelling
separately to join him or to return to their country.
2 In circumstances similar to those
specified in paragraph 1 of this Article, third States shall not hinder the
passage of members
of the ad ministrative and technical or service staff of a
mission, and of members of their families, through their territories.
3 Third States shall accord to official
correspondence and other of ficial communications in transit, including
messages in code or
cipher, the same freedom and protection as is accorded by
the receiving State. They shall accord to diplomatic couriers, who have
been
granted a pass port visa if such visa was necessary, and diplomatic bags in
transit the same inviolability and protection
as the receiving State is bound
to ac cord.
4 The obligation of third States under
paragraphs 1, 2 and 3 of this Article shall also apply to the persons mentioned
respectively
in those paragraphs, and to official communications and diplomatic
bags, whose presence in the territory of the third State is due
to force majeure.
Article 41
1 Without prejudice to their privileges
and immunities, it is the duty of all persons enjoying such privileges and
immunities to respect
the laws and regulations of the receiving State. They also have a duty not to
interfere in the internal affairs of that State.
2 All official business with the
receiving State entrusted to the mission by the sending State shall be
conducted with or through
the Ministry for Foreign Affairs of the receiving
State or such other ministry as may be agreed.
3 The premises of the mission must not
be used in any manner in compatible with the functions of the mission as laid
down in the present
Convention or by other rules of general international law
or by any spe cial agreements in force between the sending and the receiving
State.
Article 42
A diplomatic agent
shall not in the receiving State practise for personal profit any professional
or commercial activity.
Article 43
The function of a
diplomatic agent comes to an end, inter
alia:
(a) on notification by the sending State to the
receiving State that the function of the diplomatic agent has come to an end;
(b) on notification by the receiving State to the
sending State that, in accordance with paragraph 2 of Article 9, it refuses to
recognize
the diplomatic agent as a member of the mission.
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 per sons 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 inter ests 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, un dertake the temporary
protection of the interests of the third State and of its nationals.
Article 47
1 In the application of the provisions
of the present Convention, the receiving State shall not discriminate as
between States.
2 However, discrimination shall not be
regarded as taking place:
(a) where the receiving State applies any of the
provisions of the present Convention restrictively because of a restric tive
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 Mem bers of the United Nations or of any of the
specialized agencies
or Parties to the Statute of the International Court of
Justice, and by any other State invited by the General Assembly of the United
Nations to become a Party to the Convention, as follows: until 31st October,
1961 at the Fed eral Ministry for Foreign Affairs
of Austria and subsequently,
until 31st March, 1962, at the United Nations Headquarters in New York.
Article 49
The present
Convention is subject to ratification. The instruments of rat ification shall
be deposited with the Secretary-General
of the United Na tions.
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 in struments of accession shall be
deposited with the Secretary-General of the United Nations.
Article 51
1 The present Convention shall enter
into force on the thirtieth day following the date of deposit of the
twenty-second instrument
of ratifica tion or accession with the
Secretary-General of the United Nations.
2 For each State ratifying or acceding
to the Convention after the deposit of the twenty-second instrument of
ratification or accession,
the Convention shall enter into force on the
thirtieth day after deposit by such State of its instrument of ratification of
accession.
Article 52
The
Secretary-General of the United Nations shall inform all States be longing to
any of the four categories mentioned in Article
48:
(a) of signatures to the present Convention and of
the de posit of instruments of ratification or accession, in ac cordance 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 de posited with the
Secretary-General of the United Nations, who shall send certified copies
thereof to all States belonging
to any of the four cate gories mentioned in
Article 48.
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