New York “Convention on Special Missions” of 1969
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Sovereign Law Series
New York “Convention on
Special Missions” of 1969
Short-Form Reference:
1969 “Convention on Special Missions”
In-Line Micro Reference:
1969 “Special Missions”
Ratification / Registration:
UN-GA Res. 2530 (XXIV) New York (08 Dec 1969)
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Official Text of this Law Source as Ratified
Convention on Special Missions
Preamble
The States Parties to the present Convention,
Recalling that special treatment has always been accorded to special missions;
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 development of friendly relations and cooperation among States;
Recalling that the importance of the question of special missions was recognized
during the United Nations Conference on Diplomatic Intercourse and Immunities and
in resolution 1 adopted by the Conference on 10 April 1961;
Considering that the United Nations Conference on Diplomatic Intercourse and
Immunities adopted the Vienna Convention on Diplomatic Relations, which was
opened for signature on 18 April 1961;
Considering that the United Nations Conference on Consular Relations adopted the
Vienna Convention on Consular Relations, which was opened for signature on 24 April
1963;
Believing that an international convention on special missions would complement
those two Conventions and would contribute to the development of friendly relations
among nations, whatever their constitutional and social systems;
Realizing that the purpose of privileges and immunities relating to special missions is
not to benefit individuals but to ensure the efficient performance of the functions of
special missions as missions representing the State;
Affirming that the rules of customary international law continue to govern questions
not regulated by the provisions of the present Convention;
Have agreed as follows:
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Article 1
Use of terms
For the purposes of the present Convention:
(a)
a “special mission” is a temporary mission, representing the State, which
is sent by one State to another State with the consent of the latter for the purpose of
dealing with it on specific questions or of performing in relation to it a specific task;
(b)
a “permanent diplomatic mission” is a diplomatic mission within the
meaning of the Vienna Convention on Diplomatic Relations;
(c)
a “consular post” is any consulate-general, consulate, vice-consulate or
consular agency;
(d)
the “head of a special mission” is the person charged by the sending State
with the duty of acting in that capacity;
(e)
a “representative of the sending State in the special mission” is any
person on whom the sending State has conferred that capacity;
(f)
the “members of a special mission” are the head of the special mission,
the representatives of the sending State in the special mission and the members of the
staff of the special mission;
(g)
the “members of the staff of the special mission” are the members of the
diplomatic staff, the administrative and technical staff and the service staff of the
special mission;
(h)
the “members of the diplomatic staff” are the members of the staff of the
special mission who have diplomatic status for the purposes of the special mission;
(i)
the “members of the administrative and technical staff” are the members
of the staff of the special mission employed in the administrative and technical service
of the special mission;
(j)
the “members of the service staff” are the members of the staff of the
special mission employed by it as household workers or for similar tasks;
(k)
the “private staff” are persons employed exclusively in the private service
of the members of the special mission.
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Article 2
Sending of a special mission
A State may send a special mission to another State with the consent of the latter,
previously obtained through the diplomatic or another agreed or mutually acceptable
channel.
Article 3
Functions of a special mission
The functions of a special mission shall be determined by the mutual consent of the
sending and the receiving State.
Article 4
Sending of the same special mission to two or more States
A State which wishes to send the same special mission to two or more States shall so
inform each receiving State when seeking the consent of that State.
Article 5
Sending of a joint special mission by two or more States
Two or more States which wish to send a joint special mission to another State shall so
inform the receiving State when seeking the consent of that State.
Article 6
Sending of special missions by two or more States
in order to deal with a question of common interest
Two or more States may each send a special mission at the same time to another
State, with the consent of that State obtained in accordance with Article 2, in order to
deal together, with the agreement of all of these States, with a question of common
interest to all of them.
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Article 7
Non-existence of diplomatic or consular relations
The existence of diplomatic or consular relations is not necessary for the sending or
reception of a special mission.
Article 8
Appointment of the members of the special mission
Subject to the provisions of Articles 10, 11 and 12, the sending State may freely
appoint the members of the special mission after having given to the receiving State
all necessary information concerning the size and composition of the special mission,
and in particular the names and designations of the persons it intends to appoint. The
receiving State may decline to accept a special mission of a size that is not considered
by it to be reasonable, having regard to circumstances and conditions in the receiving
State and to the needs of the particular mission. It may also, without giving reasons,
decline to accept any person as a member of the special mission.
Article 9
Composition of the special mission
1.
A special mission shall consist of one or more representatives of the sending
State from among whom the sending State may appoint a head. It may also include
diplomatic staff, administrative and technical staff and service staff.
2.
When members of a permanent diplomatic mission or of a consular post in the
receiving State are included in a special mission, they shall retain their privileges and
immunities as members of their permanent diplomatic mission or consular post in
addition to the privileges and immunities accorded by the present Convention.
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Article 10
Nationality of the members of the special mission
1.
The representatives of the sending State in the special mission and the
members of its diplomatic staff should in principle be of the nationality of the sending
State.
2.
Nationals of the receiving State may not be appointed to a special mission
except with the consent of that State, which may be withdrawn at any time.
3.
The receiving State may reserve the right provided for in paragraph 2 of this
Article with regard to nationals of a third State who are not also nationals of the
sending State.
Article 11
Notifications
1.
The Ministry of Foreign Affairs of the receiving State, or such other organ of that
State as may be agreed, shall be notified of:
(a)
the composition of the special mission and any subsequent changes
therein;
(b)
the arrival and final departure of members of the mission and the
termination of their functions with the mission;
(c)
the arrival and final departure of any person accompanying a member of
the mission;
(d)
the engagement and discharge of persons resident in the receiving State
as members of the mission or as private staff;
(e)
the appointment of the head of the special mission or, if there is none, of
the representative referred to in paragraph 1 of Article 14, and of any substitute for
them;
(f)
the location of the premises occupied by the special mission and of the
private accommodation enjoying inviolability under Articles 30, 36 and 39, as well as
any other information that may be necessary to identify such premises and
accommodation.
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2.
Unless it is impossible, notification of arrival and final departure must be given
in advance.
Article 12
Persons declared “non grata” or not acceptable
1.
The receiving State may, at any time and without having to explain its decision,
notify the sending State that any representative of the sending State in the special
mission or any member of its diplomatic staff is persona non grata or that any other
member of the staff of the mission is not acceptable. In any such case, the sending
State shall, as appropriate, either recall the person concerned or terminate his
functions with the mission. A person may be declared non grata or not acceptable
before arriving in the territory of the receiving State.
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 special mission.
Article 13
Commencement of the functions of a special mission
1.
The functions of a special mission shall commence as soon as the mission enters
into official contact with the Ministry of Foreign Affairs or with such other organ of the
receiving State as may be agreed.
2.
The commencement of the functions of a special mission shall not depend upon
presentation of the mission by the permanent diplomatic mission of the sending State
or upon the submission of letters of credence [‘credentials’] or full powers.
Article 14
Authority to act on behalf of the special mission
1.
The head of the special mission or, if the sending State has not appointed a
head, one of the representatives of the sending State designated by the latter is
authorized to act on behalf of the special mission and to address communications to
the receiving State. The receiving State shall address communications concerning the
special mission to the head of the mission, or, if there is none, to the representative
referred to above, either direct or through the permanent diplomatic mission.
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2.
However, a member of the special mission may be authorized by the sending
State, by the head of the special mission or, if there is none, by the representative
referred to in paragraph 1 of this Article, either to substitute for the head of the
special mission or for the aforesaid representative or to perform particular acts on
behalf of the mission.
Article 15
Organ of the receiving State with which official business is conducted
All official business with the receiving State entrusted to the special mission by the
sending State shall be conducted with or through the Ministry of Foreign Affairs or
with such other organ of the receiving State as may be agreed.
Article 16
Rules concerning precedence
1.
Where two or more special missions meet in the territory of the receiving State
or of a third State, precedence among the missions shall be determined, in the
absence of a special agreement, according to the alphabetical order of the names of
the States used by the protocol of the State in whose territory the missions are
meeting.
2.
Precedence among two or more special missions which meet on a ceremonial or
formal occasion shall be governed by the protocol in force in the receiving State.
3.
Precedence among the members of the same special mission shall be that which
is notified to the receiving State or to the third State in whose territory two or more
special missions are meeting.
Article 17
Seat of the special mission
1.
A special mission shall have its seat in the locality agreed by the States
concerned.
2.
In the absence of agreement, the special mission shall have its seat in the
locality where the Ministry of Foreign Affairs of the receiving State is situated.
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3.
If the special mission performs its functions in different localities, the States
concerned may agree that it shall have more than one seat from among which they
may choose one as the principal seat.
Article 18
Meeting of special missions in the territory of a third State
1.
Special missions from two or more States may meet in the territory of a third
State only after obtaining the express consent of that State, which retains the right to
withdraw it.
2.
In giving its consent, the third State may lay down conditions which shall be
observed by the sending States.
3.
The third State shall assume in respect of the sending States the rights and
obligations of a receiving State to the extent that it indicates in giving its consent.
Article 19
Right of the special mission to use the flag and emblem of the sending State
1.
A special mission shall have the right to use the flag and emblem of the sending
State on the premises occupied by the mission, and on its means of transport when
used on official business.
2.
In the exercise of the right accorded by this article, regard shall be had to the
laws, regulations and usages of the receiving State.
Article 20
End of the functions of a special mission
1.
The functions of a special mission shall come to an end, inter alia, upon:
(a)
the agreement of the States concerned;
(b)
the completion of the task of the special mission;
(c)
the expiry of the duration assigned for the special mission, unless it is
expressly extended;
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(d)
notification by the sending State that it is terminating or recalling the
special mission;
(e)
notification by the receiving State that it considers the special mission
terminated.
2.
The severance of diplomatic or consular relations between the sending State
and the receiving State shall not of itself have the effect of terminating special
missions existing at the time of such severance.
Article 21
Status of the Head of State and persons of high rank
1.
The Head of the sending State, when he leads a special mission, shall enjoy in
the receiving State or in a third State the facilities, privileges and immunities accorded
by international law to Heads of State on an official visit.
2.
The Head of the Government, the Minister for Foreign Affairs and other persons
of high rank, when they take part in a special mission of the sending State, shall enjoy
in the receiving State or in a third State, in addition to what is granted by the present
Convention, the facilities, privileges and immunities accorded by international law.
Article 22
General facilities
The receiving State shall accord to the special mission the facilities required for the
performance of its functions, having regard to the nature and task of the special
mission.
Article 23
Premises and accommodation
The receiving State shall assist the special mission, if it so requests, in procuring the
necessary premises and obtaining suitable accommodation for its members.
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Article 24
Exemption of the premises of the special mission from taxation
1.
To the extent compatible with the nature and duration of the functions
performed by the special mission, the sending State and the members of the special
mission acting on behalf of the mission shall be exempt from all national, regional or
municipal dues and taxes in respect of the premises occupied by the special mission,
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 with a member of the special mission.
Article 25
Inviolability of the premises
1.
The premises where the special mission is established in accordance with the
present Convention shall be inviolable. The agents of the receiving State may not
enter the said premises, except with the consent of the head of the special mission or,
if appropriate, of the head of the permanent diplomatic mission of the sending State
accredited to the receiving State. Such consent may be assumed in case of fire or
other disaster that seriously endangers public safety, and only in the event that it has
not been possible to obtain the express consent of the head of the special mission or,
where appropriate, of the head of the permanent mission.
2.
The receiving State is under a special duty to take all appropriate steps to
protect the premises of the special 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 special mission, their furnishings, other property used in the
operation of the special mission and its means of transport shall be immune from
search, requisition, attachment or execution.
Article 26
Inviolability of archives and documents
The archives and documents of the special mission shall be inviolable at all times and
wherever they may be. They should, when necessary, bear visible external marks of
identification.
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Article 27
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 to all
members of the special mission such freedom of movement and travel in its territory
as is necessary for the performance of the functions of the special mission.
Article 28
Freedom of communication
1.
The receiving State shall permit and protect free communication on the part of
the special mission for all official purposes. In communicating with the Government of
the sending State, its diplomatic missions, its consular posts and its other special
missions or with sections of the same mission, wherever situated, the special mission
may employ all appropriate means, including couriers and messages in code or cipher.
However, the special mission may install and use a wireless transmitter only with the
consent of the receiving State.
2.
The official correspondence of the special mission shall be inviolable. Official
correspondence means all correspondence relating to the special mission and its
functions.
3.
Where practicable, the special mission shall use the means of communication,
including the bag and the courier, of the permanent diplomatic mission of the sending
State.
4.
The bag of the special mission shall not be opened or detained.
5.
The packages constituting the bag of the special mission must bear visible
external marks of their character and may contain only documents or articles intended
for the official use of the special mission.
6.
The courier of the special mission, who shall be provided with an official
document indicating his status and the number of packages constituting the bag, shall
be protected by the receiving State in the performance of his functions. He shall enjoy
personal inviolability and shall not be liable to any form of arrest or detention.
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7.
The sending State or the special mission may designate couriers ad hoc of the
special mission. In such cases the provisions of paragraph 6 of this article shall also
apply, except that the immunities therein mentioned shall cease to apply when the
courier ad hoc has delivered to the consignee the special mission’s bag in his charge.
8.
The bag of the special mission may be entrusted to the captain of a ship or of a
commercial aircraft scheduled to land at an authorized port of entry. The captain shall
be provided with an official document indicating the number of packages constituting
the bag, but he shall not be considered to be a courier of the special mission. By
arrangement with the appropriate authorities, the special mission may send one of its
members to take possession of the bag directly and freely from the captain of the ship
or of the aircraft.
Article 29
Personal inviolability
The persons of the representatives of the sending State in the special mission and of
the members of its diplomatic staff shall be inviolable. They shall not be liable to any
form of arrest or detention. The receiving State shall treat them with due respect and
shall take all appropriate steps to prevent any attack on their persons, freedom or
dignity.
Article 30
Inviolability of the private accommodation
1.
The private accommodation of the representatives of the sending State in the
special mission and of the members of its diplomatic staff shall enjoy the same
inviolability and protection as the premises of the special mission.
2.
Their papers, their correspondence and, except as provided in paragraph 4 of
Article 31, their property shall likewise enjoy inviolability.
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Article 31
Immunity from jurisdiction
1.
The representatives of the sending State in the special mission and the
members of its diplomatic staff shall enjoy immunity from the criminal jurisdiction of
the receiving State.
2.
They shall also enjoy immunity from the civil and administrative jurisdiction of
the receiving State, except in the case of:
(a)
a real action relating to private immovable property situated in the
territory of the receiving State, unless the person concerned holds it on behalf of the
sending State for the purposes of the mission;
(b)
an action relating to succession in which the person concerned 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 person concerned in the receiving State outside his official functions;
(d)
an action for damages arising out of an accident caused by a vehicle used
outside the official functions of the person concerned.
3.
The representatives of the sending State in the special mission and the
members of its diplomatic staff are not obliged to give evidence as witnesses.
4.
No measures of execution may be taken in respect of a representative of the
sending State in the special mission or a member of its diplomatic staff except in the
cases coming under subparagraphs (a), (b), (c) and (d) of paragraph 2 of this Article
and provided that the measures concerned can be taken without infringing the
inviolability of his person or his accommodation.
5.
The immunity from jurisdiction of the representatives of the sending State in the
special mission and of the members of its diplomatic staff does not exempt them from
the jurisdiction of the sending State.
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Article 32
Exemption from social security legislation
1.
Subject to the provisions of paragraph 3 of this Article, representatives of the
sending State in the special mission and members of its diplomatic staff shall, in
respect of 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
persons who are in the sole private employ of a representative of the sending State in
the special mission or of a member of its diplomatic staff, on condition:
(a)
that such employed persons 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.
Representatives of the sending State in the special mission and members of its
diplomatic staff who employ persons to whom the exemption provided for in
paragraph 2 of this Article does not apply shall observe the obligations which the
social security provisions of the receiving State impose upon employers.
4.
The exemption provided for in paragraphs 1 and 2 of this Article shall not
preclude voluntary participation in the social security system of the receiving State
where such participation is permitted by that State.
5.
The provisions of this article shall not affect bilateral or multilateral agreements
concerning social security concluded previously and shall not prevent the conclusion of
such agreements in the future.
Article 33
Exemption from dues and taxes
The representatives of the sending State in the special mission and the members of its
diplomatic staff 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;
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(b)
dues and taxes on private immovable property situated in the territory of
the receiving State, unless the person concerned 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 Article 44;
(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, subject
to the provisions of article 24.
Article 34
Exemption from personal services
The receiving State shall exempt the representatives of the sending State in the special
mission and the members of its diplomatic staff 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 35
Exemption from customs duties and inspection
1.
Within the limits of such laws and regulations as it may adopt, the receiving
State shall permit entry of, and grant exemption from all customs duties, taxes, and
related charges other than charges for storage, cartage and similar services, on:
(a)
articles for the official use of the special mission;
(b)
articles for the personal use of the representatives of the sending State in
the special mission and the members of its diplomatic staff.
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2.
The personal baggage of the representatives of the sending State in the special
mission and of the members of its diplomatic staff shall be exempt from inspection,
unless there are serious grounds for presuming that it contains articles not covered by
the exemptions mentioned in paragraph 1 of this Article, or articles the import or
export of which is prohibited by the law or controlled by the quarantine regulations of
the receiving State. In such cases, inspection shall be conducted only in the presence
of the person concerned or of his authorized representative.
Article 36
Administrative and technical staff
Members of the administrative and technical staff of the special mission shall enjoy
the privileges and immunities specified in Articles 29 to 34, except that the immunity
from civil and administrative jurisdiction of the receiving State specified in paragraph 2
of Article 31 shall not extend to acts performed outside the course of their duties.
They shall also enjoy the privileges mentioned in paragraph 1 of Article 35 in respect of
articles imported at the time of their first entry into the territory of the receiving State.
Article 37
Service staff
Members of the service staff of the special mission shall enjoy immunity from the
jurisdiction of the receiving State 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 employment, and exemption from social security legislation as provided in Article
32.
Article 38
Private staff
Private staff of the members of the special mission shall be exempt from dues and
taxes on the emoluments they receive by reason of their employment. In all other
respects, they may enjoy privileges and immunities only to the extent permitted 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 special mission.
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Article 39
Members of the family
1.
Members of the families of representatives of the sending State in the special
mission and of members of its diplomatic staff shall, if they accompany such members
of the special mission, enjoy the privileges and immunities specified in Articles 29 to
35 provided that they are not nationals of or permanently resident in the receiving
State.
2.
Members of the families of members of the administrative and technical staff of
the special mission shall, if they accompany such members of the special mission,
enjoy the privileges and immunities specified in Article 36 provided that they are not
nationals of or permanently resident in the receiving State.
Article 40
Nationals of the receiving State and persons
permanently resident in the receiving State
1.
Except insofar as additional privileges and immunities may be granted by the
receiving State, the representatives of the sending State in the special mission and the
members of its diplomatic staff who are nationals of or permanently resident in the
receiving State shall enjoy only immunity from jurisdiction and inviolability in respect
of official acts performed in the exercise of their functions.
2.
Other members of the special mission and private staff who are nationals of or
permanently resident in the receiving State shall enjoy privileges and immunities only
to the extent granted to them by that 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 special mission.
Article 41
Waiver of immunity
1.
The sending State may waive the immunity from jurisdiction of its
representatives in the special mission, of the members of its diplomatic staff, and of
other persons enjoying immunity under Articles 36 to 40.
2.
Waiver must always be express.
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3.
The initiation of proceedings by any of the persons referred to in paragraph 1 of
this Article shall preclude him from invoking immunity from jurisdiction in respect of
any counterclaim directly connected with the principal claim.
4.
Waiver of immunity from jurisdiction in respect of civil or administrative
proceedings shall not be held to imply waiver of immunity in respect of the execution
of the judgement, for which a separate waiver shall be necessary.
Article 42
Transit through the territory of a third State
1.
If a representative of the sending State in the special mission or a member of its
diplomatic staff passes through or is in the territory of a third State while proceeding
to take up his functions or returning to the sending State, 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 person referred to in this
paragraph, whether travelling with him 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 transit of members of the administrative and technical or
service staff of the special mission, or of members of their families, through their
territories.
3.
Third States shall accord to official correspondence and other official
communications in transit, including messages in code or cipher, the same freedom
and protection as the receiving State is bound to accord under the present
Convention. Subject to the provisions of paragraph 4 of this Article, they shall accord
to the couriers and bags of the special mission in transit the same inviolability and
protection as the receiving State is bound to accord under the present Convention.
4.
The third State shall be bound to comply with its obligations in respect of the
persons mentioned in paragraphs 1, 2 and 3 of this Article only if it has been informed
in advance, either in the visa application or by notification, of the transit of those
persons as members of the special mission, members of their families or couriers, and
has raised no objection to it.
5.
The obligations of third States under paragraphs 1, 2 and 3 of this Article shall
also apply to the persons mentioned respectively in those paragraphs, and to the
official communications and the bags of the special mission, when the use of the
territory of the third State is due to force majeure.
21
Article 43
Duration of privileges and immunities
1.
Every member of the special mission shall enjoy the privileges and immunities
to which he is entitled from the moment he enters the territory of the receiving State
for the purpose of performing his functions in the special mission or, if he is already in
its territory, from the moment when his appointment is notified to the Ministry of
Foreign Affairs or such other organ of the receiving State as may be agreed.
2.
When the functions of a member of the special mission have come to an end,
his privileges and immunities shall normally cease at the moment when he leaves the
territory of the receiving State, or on the expiry of a reasonable period in which to do
so, but shall subsist until that time, even in case of armed conflict. However, in
respect of acts performed by such a member in the exercise of his functions, immunity
shall continue to subsist.
3.
In the event of the death of a member of the special 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 territory of the
receiving State.
Article 44
Property of a member of the special mission or of a
member of his family in the event of death
1.
In the event of the death of a member of the special mission or of a member of
his family accompanying him, if the deceased was not a national of or permanently
resident in the receiving State, the receiving State shall permit the withdrawal of the
movable property of the deceased, with the exception of any property acquired in the
country the export of which was prohibited at the time of his death.
2.
Estate, succession and inheritance duties shall not be levied on movable
property which is in the receiving State solely because of the presence there of the
deceased as a member of the special mission or of the family of a member of the
mission.
22
Article 45
Facilities to leave the territory of the receiving State
and to remove the archives of the special mission
1.
The receiving State must, even in case of armed conflict, grant facilities 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. In particular it must, in case of
need, place at their disposal the necessary means of transport for themselves and
their property.
2.
The receiving State must grant the sending State facilities for removing the
archives of the special mission from the territory of the receiving State.
Article 46
Consequences of the cessation of the functions of the special mission
1.
When the functions of a special mission come to an end, the receiving State
must respect and protect the premises of the special mission so long as they are
assigned to it, as well as the property and archives of the special mission. The sending
State must withdraw the property and archives within a reasonable period of time.
2.
In case of the absence or severance of diplomatic or consular relations between
the sending State and the receiving State and if the functions of the special mission
have come to an end, the sending State may, even if there is an armed conflict, entrust
the custody of the property and archives of the special mission to a third State
acceptable to the receiving State.
Article 47
Respect for the laws and regulations of the receiving State
and use of the premises of the special mission
1.
Without prejudice to their privileges and immunities, it is the duty of all persons
enjoying those privileges and immunities under the present Convention 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.
23
2.
The premises of the special mission must not be used in any manner
incompatible with the functions of the special mission as envisaged in the present
Convention, in other rules of general international law or in any special agreements in
force between the sending and the receiving State.
Article 48
Professional or commercial activity
The representatives of the sending State in the special mission and the members of its
diplomatic staff shall not practise for personal profit any professional or commercial
activity in the receiving State.
Article 49
Non-discrimination
1.
In the application of the provisions of the present Convention, no discrimination
shall be made as between States.
2.
However, discrimination shall not be regarded as taking place:
(a) where the receiving State applies any of the provisions of the present
Convention restrictively because of a restrictive application of that provision to its
special mission in the sending State;
(b) where States modify among themselves, by custom or agreement, the
extent of facilities, privileges and immunities for their special missions, although such a
modification has not been agreed with other States, provided that it is not
incompatible with the object and purpose of the present Convention and does not
affect the enjoyment of the rights or the performance of the obligations of third
States.
Article 50
Signature
The present Convention shall be open for signature by all States Members of the
United Nations or of any of the specialized agencies or of the International Atomic
Energy Agency 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, until 31 December 1970 at United Nations Headquarters in
New York.
24
Article 51
Ratification
The present Convention is subject to ratification. The instruments of ratification shall
be deposited with the Secretary-General of the United Nations.
Article 52
Accession
The present Convention shall remain open for accession by any State belonging to any
of the categories mentioned in article 50. The instruments of accession shall be
deposited with the Secretary-General of the United Nations.
Article 53
Entry into force
1.
The present Convention shall enter into force on the thirtieth day following the
date of deposit of the twenty-second instrument of ratification or accession with the
Secretary-General of the United Nations.
2.
For each State ratifying or acceding to the Convention after the deposit of the
twenty-second instrument of ratification or accession, the Convention shall enter into
force on the thirtieth day after deposit by such State of its instrument of ratification or
accession.
Article 54
Notifications by the depositary
The Secretary-General of the United Nations shall inform all States belonging to any of
the categories mentioned in Article 50:
(a)
of signatures to the present Convention and of the deposit of instruments
of ratification or accession in accordance with Articles 50, 51 and 52;
(b)
of the date on which the present Convention will enter into force in
accordance with Article 53.
25
Article 55
Authentic texts
The original of the present Convention, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations, who shall send certified copies thereof to all States belonging to
any of the categories mentioned in Article 50.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, have signed the present Convention, opened for signature at
New York on 16 December 1969.
Sovereign Law Series
New York “Convention on
Special Missions” of 1969
Short-Form Reference:
1969 “Convention on Special Missions”
In-Line Micro Reference:
1969 “Special Missions”
Ratification / Registration:
UN-GA Res. 2530 (XXIV) New York (08 Dec 1969)
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Introductory Notes by the Independent Judiciary
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3
Official Text of this Law Source as Ratified
Convention on Special Missions
Preamble
The States Parties to the present Convention,
Recalling that special treatment has always been accorded to special missions;
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 development of friendly relations and cooperation among States;
Recalling that the importance of the question of special missions was recognized
during the United Nations Conference on Diplomatic Intercourse and Immunities and
in resolution 1 adopted by the Conference on 10 April 1961;
Considering that the United Nations Conference on Diplomatic Intercourse and
Immunities adopted the Vienna Convention on Diplomatic Relations, which was
opened for signature on 18 April 1961;
Considering that the United Nations Conference on Consular Relations adopted the
Vienna Convention on Consular Relations, which was opened for signature on 24 April
1963;
Believing that an international convention on special missions would complement
those two Conventions and would contribute to the development of friendly relations
among nations, whatever their constitutional and social systems;
Realizing that the purpose of privileges and immunities relating to special missions is
not to benefit individuals but to ensure the efficient performance of the functions of
special missions as missions representing the State;
Affirming that the rules of customary international law continue to govern questions
not regulated by the provisions of the present Convention;
Have agreed as follows:
4
Article 1
Use of terms
For the purposes of the present Convention:
(a)
a “special mission” is a temporary mission, representing the State, which
is sent by one State to another State with the consent of the latter for the purpose of
dealing with it on specific questions or of performing in relation to it a specific task;
(b)
a “permanent diplomatic mission” is a diplomatic mission within the
meaning of the Vienna Convention on Diplomatic Relations;
(c)
a “consular post” is any consulate-general, consulate, vice-consulate or
consular agency;
(d)
the “head of a special mission” is the person charged by the sending State
with the duty of acting in that capacity;
(e)
a “representative of the sending State in the special mission” is any
person on whom the sending State has conferred that capacity;
(f)
the “members of a special mission” are the head of the special mission,
the representatives of the sending State in the special mission and the members of the
staff of the special mission;
(g)
the “members of the staff of the special mission” are the members of the
diplomatic staff, the administrative and technical staff and the service staff of the
special mission;
(h)
the “members of the diplomatic staff” are the members of the staff of the
special mission who have diplomatic status for the purposes of the special mission;
(i)
the “members of the administrative and technical staff” are the members
of the staff of the special mission employed in the administrative and technical service
of the special mission;
(j)
the “members of the service staff” are the members of the staff of the
special mission employed by it as household workers or for similar tasks;
(k)
the “private staff” are persons employed exclusively in the private service
of the members of the special mission.
5
Article 2
Sending of a special mission
A State may send a special mission to another State with the consent of the latter,
previously obtained through the diplomatic or another agreed or mutually acceptable
channel.
Article 3
Functions of a special mission
The functions of a special mission shall be determined by the mutual consent of the
sending and the receiving State.
Article 4
Sending of the same special mission to two or more States
A State which wishes to send the same special mission to two or more States shall so
inform each receiving State when seeking the consent of that State.
Article 5
Sending of a joint special mission by two or more States
Two or more States which wish to send a joint special mission to another State shall so
inform the receiving State when seeking the consent of that State.
Article 6
Sending of special missions by two or more States
in order to deal with a question of common interest
Two or more States may each send a special mission at the same time to another
State, with the consent of that State obtained in accordance with Article 2, in order to
deal together, with the agreement of all of these States, with a question of common
interest to all of them.
6
Article 7
Non-existence of diplomatic or consular relations
The existence of diplomatic or consular relations is not necessary for the sending or
reception of a special mission.
Article 8
Appointment of the members of the special mission
Subject to the provisions of Articles 10, 11 and 12, the sending State may freely
appoint the members of the special mission after having given to the receiving State
all necessary information concerning the size and composition of the special mission,
and in particular the names and designations of the persons it intends to appoint. The
receiving State may decline to accept a special mission of a size that is not considered
by it to be reasonable, having regard to circumstances and conditions in the receiving
State and to the needs of the particular mission. It may also, without giving reasons,
decline to accept any person as a member of the special mission.
Article 9
Composition of the special mission
1.
A special mission shall consist of one or more representatives of the sending
State from among whom the sending State may appoint a head. It may also include
diplomatic staff, administrative and technical staff and service staff.
2.
When members of a permanent diplomatic mission or of a consular post in the
receiving State are included in a special mission, they shall retain their privileges and
immunities as members of their permanent diplomatic mission or consular post in
addition to the privileges and immunities accorded by the present Convention.
7
Article 10
Nationality of the members of the special mission
1.
The representatives of the sending State in the special mission and the
members of its diplomatic staff should in principle be of the nationality of the sending
State.
2.
Nationals of the receiving State may not be appointed to a special mission
except with the consent of that State, which may be withdrawn at any time.
3.
The receiving State may reserve the right provided for in paragraph 2 of this
Article with regard to nationals of a third State who are not also nationals of the
sending State.
Article 11
Notifications
1.
The Ministry of Foreign Affairs of the receiving State, or such other organ of that
State as may be agreed, shall be notified of:
(a)
the composition of the special mission and any subsequent changes
therein;
(b)
the arrival and final departure of members of the mission and the
termination of their functions with the mission;
(c)
the arrival and final departure of any person accompanying a member of
the mission;
(d)
the engagement and discharge of persons resident in the receiving State
as members of the mission or as private staff;
(e)
the appointment of the head of the special mission or, if there is none, of
the representative referred to in paragraph 1 of Article 14, and of any substitute for
them;
(f)
the location of the premises occupied by the special mission and of the
private accommodation enjoying inviolability under Articles 30, 36 and 39, as well as
any other information that may be necessary to identify such premises and
accommodation.
8
2.
Unless it is impossible, notification of arrival and final departure must be given
in advance.
Article 12
Persons declared “non grata” or not acceptable
1.
The receiving State may, at any time and without having to explain its decision,
notify the sending State that any representative of the sending State in the special
mission or any member of its diplomatic staff is persona non grata or that any other
member of the staff of the mission is not acceptable. In any such case, the sending
State shall, as appropriate, either recall the person concerned or terminate his
functions with the mission. A person may be declared non grata or not acceptable
before arriving in the territory of the receiving State.
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 special mission.
Article 13
Commencement of the functions of a special mission
1.
The functions of a special mission shall commence as soon as the mission enters
into official contact with the Ministry of Foreign Affairs or with such other organ of the
receiving State as may be agreed.
2.
The commencement of the functions of a special mission shall not depend upon
presentation of the mission by the permanent diplomatic mission of the sending State
or upon the submission of letters of credence [‘credentials’] or full powers.
Article 14
Authority to act on behalf of the special mission
1.
The head of the special mission or, if the sending State has not appointed a
head, one of the representatives of the sending State designated by the latter is
authorized to act on behalf of the special mission and to address communications to
the receiving State. The receiving State shall address communications concerning the
special mission to the head of the mission, or, if there is none, to the representative
referred to above, either direct or through the permanent diplomatic mission.
9
2.
However, a member of the special mission may be authorized by the sending
State, by the head of the special mission or, if there is none, by the representative
referred to in paragraph 1 of this Article, either to substitute for the head of the
special mission or for the aforesaid representative or to perform particular acts on
behalf of the mission.
Article 15
Organ of the receiving State with which official business is conducted
All official business with the receiving State entrusted to the special mission by the
sending State shall be conducted with or through the Ministry of Foreign Affairs or
with such other organ of the receiving State as may be agreed.
Article 16
Rules concerning precedence
1.
Where two or more special missions meet in the territory of the receiving State
or of a third State, precedence among the missions shall be determined, in the
absence of a special agreement, according to the alphabetical order of the names of
the States used by the protocol of the State in whose territory the missions are
meeting.
2.
Precedence among two or more special missions which meet on a ceremonial or
formal occasion shall be governed by the protocol in force in the receiving State.
3.
Precedence among the members of the same special mission shall be that which
is notified to the receiving State or to the third State in whose territory two or more
special missions are meeting.
Article 17
Seat of the special mission
1.
A special mission shall have its seat in the locality agreed by the States
concerned.
2.
In the absence of agreement, the special mission shall have its seat in the
locality where the Ministry of Foreign Affairs of the receiving State is situated.
10
3.
If the special mission performs its functions in different localities, the States
concerned may agree that it shall have more than one seat from among which they
may choose one as the principal seat.
Article 18
Meeting of special missions in the territory of a third State
1.
Special missions from two or more States may meet in the territory of a third
State only after obtaining the express consent of that State, which retains the right to
withdraw it.
2.
In giving its consent, the third State may lay down conditions which shall be
observed by the sending States.
3.
The third State shall assume in respect of the sending States the rights and
obligations of a receiving State to the extent that it indicates in giving its consent.
Article 19
Right of the special mission to use the flag and emblem of the sending State
1.
A special mission shall have the right to use the flag and emblem of the sending
State on the premises occupied by the mission, and on its means of transport when
used on official business.
2.
In the exercise of the right accorded by this article, regard shall be had to the
laws, regulations and usages of the receiving State.
Article 20
End of the functions of a special mission
1.
The functions of a special mission shall come to an end, inter alia, upon:
(a)
the agreement of the States concerned;
(b)
the completion of the task of the special mission;
(c)
the expiry of the duration assigned for the special mission, unless it is
expressly extended;
11
(d)
notification by the sending State that it is terminating or recalling the
special mission;
(e)
notification by the receiving State that it considers the special mission
terminated.
2.
The severance of diplomatic or consular relations between the sending State
and the receiving State shall not of itself have the effect of terminating special
missions existing at the time of such severance.
Article 21
Status of the Head of State and persons of high rank
1.
The Head of the sending State, when he leads a special mission, shall enjoy in
the receiving State or in a third State the facilities, privileges and immunities accorded
by international law to Heads of State on an official visit.
2.
The Head of the Government, the Minister for Foreign Affairs and other persons
of high rank, when they take part in a special mission of the sending State, shall enjoy
in the receiving State or in a third State, in addition to what is granted by the present
Convention, the facilities, privileges and immunities accorded by international law.
Article 22
General facilities
The receiving State shall accord to the special mission the facilities required for the
performance of its functions, having regard to the nature and task of the special
mission.
Article 23
Premises and accommodation
The receiving State shall assist the special mission, if it so requests, in procuring the
necessary premises and obtaining suitable accommodation for its members.
12
Article 24
Exemption of the premises of the special mission from taxation
1.
To the extent compatible with the nature and duration of the functions
performed by the special mission, the sending State and the members of the special
mission acting on behalf of the mission shall be exempt from all national, regional or
municipal dues and taxes in respect of the premises occupied by the special mission,
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 with a member of the special mission.
Article 25
Inviolability of the premises
1.
The premises where the special mission is established in accordance with the
present Convention shall be inviolable. The agents of the receiving State may not
enter the said premises, except with the consent of the head of the special mission or,
if appropriate, of the head of the permanent diplomatic mission of the sending State
accredited to the receiving State. Such consent may be assumed in case of fire or
other disaster that seriously endangers public safety, and only in the event that it has
not been possible to obtain the express consent of the head of the special mission or,
where appropriate, of the head of the permanent mission.
2.
The receiving State is under a special duty to take all appropriate steps to
protect the premises of the special 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 special mission, their furnishings, other property used in the
operation of the special mission and its means of transport shall be immune from
search, requisition, attachment or execution.
Article 26
Inviolability of archives and documents
The archives and documents of the special mission shall be inviolable at all times and
wherever they may be. They should, when necessary, bear visible external marks of
identification.
13
Article 27
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 to all
members of the special mission such freedom of movement and travel in its territory
as is necessary for the performance of the functions of the special mission.
Article 28
Freedom of communication
1.
The receiving State shall permit and protect free communication on the part of
the special mission for all official purposes. In communicating with the Government of
the sending State, its diplomatic missions, its consular posts and its other special
missions or with sections of the same mission, wherever situated, the special mission
may employ all appropriate means, including couriers and messages in code or cipher.
However, the special mission may install and use a wireless transmitter only with the
consent of the receiving State.
2.
The official correspondence of the special mission shall be inviolable. Official
correspondence means all correspondence relating to the special mission and its
functions.
3.
Where practicable, the special mission shall use the means of communication,
including the bag and the courier, of the permanent diplomatic mission of the sending
State.
4.
The bag of the special mission shall not be opened or detained.
5.
The packages constituting the bag of the special mission must bear visible
external marks of their character and may contain only documents or articles intended
for the official use of the special mission.
6.
The courier of the special mission, who shall be provided with an official
document indicating his status and the number of packages constituting the bag, shall
be protected by the receiving State in the performance of his functions. He shall enjoy
personal inviolability and shall not be liable to any form of arrest or detention.
14
7.
The sending State or the special mission may designate couriers ad hoc of the
special mission. In such cases the provisions of paragraph 6 of this article shall also
apply, except that the immunities therein mentioned shall cease to apply when the
courier ad hoc has delivered to the consignee the special mission’s bag in his charge.
8.
The bag of the special mission may be entrusted to the captain of a ship or of a
commercial aircraft scheduled to land at an authorized port of entry. The captain shall
be provided with an official document indicating the number of packages constituting
the bag, but he shall not be considered to be a courier of the special mission. By
arrangement with the appropriate authorities, the special mission may send one of its
members to take possession of the bag directly and freely from the captain of the ship
or of the aircraft.
Article 29
Personal inviolability
The persons of the representatives of the sending State in the special mission and of
the members of its diplomatic staff shall be inviolable. They shall not be liable to any
form of arrest or detention. The receiving State shall treat them with due respect and
shall take all appropriate steps to prevent any attack on their persons, freedom or
dignity.
Article 30
Inviolability of the private accommodation
1.
The private accommodation of the representatives of the sending State in the
special mission and of the members of its diplomatic staff shall enjoy the same
inviolability and protection as the premises of the special mission.
2.
Their papers, their correspondence and, except as provided in paragraph 4 of
Article 31, their property shall likewise enjoy inviolability.
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Article 31
Immunity from jurisdiction
1.
The representatives of the sending State in the special mission and the
members of its diplomatic staff shall enjoy immunity from the criminal jurisdiction of
the receiving State.
2.
They shall also enjoy immunity from the civil and administrative jurisdiction of
the receiving State, except in the case of:
(a)
a real action relating to private immovable property situated in the
territory of the receiving State, unless the person concerned holds it on behalf of the
sending State for the purposes of the mission;
(b)
an action relating to succession in which the person concerned 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 person concerned in the receiving State outside his official functions;
(d)
an action for damages arising out of an accident caused by a vehicle used
outside the official functions of the person concerned.
3.
The representatives of the sending State in the special mission and the
members of its diplomatic staff are not obliged to give evidence as witnesses.
4.
No measures of execution may be taken in respect of a representative of the
sending State in the special mission or a member of its diplomatic staff except in the
cases coming under subparagraphs (a), (b), (c) and (d) of paragraph 2 of this Article
and provided that the measures concerned can be taken without infringing the
inviolability of his person or his accommodation.
5.
The immunity from jurisdiction of the representatives of the sending State in the
special mission and of the members of its diplomatic staff does not exempt them from
the jurisdiction of the sending State.
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Article 32
Exemption from social security legislation
1.
Subject to the provisions of paragraph 3 of this Article, representatives of the
sending State in the special mission and members of its diplomatic staff shall, in
respect of 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
persons who are in the sole private employ of a representative of the sending State in
the special mission or of a member of its diplomatic staff, on condition:
(a)
that such employed persons 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.
Representatives of the sending State in the special mission and members of its
diplomatic staff who employ persons to whom the exemption provided for in
paragraph 2 of this Article does not apply shall observe the obligations which the
social security provisions of the receiving State impose upon employers.
4.
The exemption provided for in paragraphs 1 and 2 of this Article shall not
preclude voluntary participation in the social security system of the receiving State
where such participation is permitted by that State.
5.
The provisions of this article shall not affect bilateral or multilateral agreements
concerning social security concluded previously and shall not prevent the conclusion of
such agreements in the future.
Article 33
Exemption from dues and taxes
The representatives of the sending State in the special mission and the members of its
diplomatic staff 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;
17
(b)
dues and taxes on private immovable property situated in the territory of
the receiving State, unless the person concerned 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 Article 44;
(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, subject
to the provisions of article 24.
Article 34
Exemption from personal services
The receiving State shall exempt the representatives of the sending State in the special
mission and the members of its diplomatic staff 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 35
Exemption from customs duties and inspection
1.
Within the limits of such laws and regulations as it may adopt, the receiving
State shall permit entry of, and grant exemption from all customs duties, taxes, and
related charges other than charges for storage, cartage and similar services, on:
(a)
articles for the official use of the special mission;
(b)
articles for the personal use of the representatives of the sending State in
the special mission and the members of its diplomatic staff.
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2.
The personal baggage of the representatives of the sending State in the special
mission and of the members of its diplomatic staff shall be exempt from inspection,
unless there are serious grounds for presuming that it contains articles not covered by
the exemptions mentioned in paragraph 1 of this Article, or articles the import or
export of which is prohibited by the law or controlled by the quarantine regulations of
the receiving State. In such cases, inspection shall be conducted only in the presence
of the person concerned or of his authorized representative.
Article 36
Administrative and technical staff
Members of the administrative and technical staff of the special mission shall enjoy
the privileges and immunities specified in Articles 29 to 34, except that the immunity
from civil and administrative jurisdiction of the receiving State specified in paragraph 2
of Article 31 shall not extend to acts performed outside the course of their duties.
They shall also enjoy the privileges mentioned in paragraph 1 of Article 35 in respect of
articles imported at the time of their first entry into the territory of the receiving State.
Article 37
Service staff
Members of the service staff of the special mission shall enjoy immunity from the
jurisdiction of the receiving State 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 employment, and exemption from social security legislation as provided in Article
32.
Article 38
Private staff
Private staff of the members of the special mission shall be exempt from dues and
taxes on the emoluments they receive by reason of their employment. In all other
respects, they may enjoy privileges and immunities only to the extent permitted 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 special mission.
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Article 39
Members of the family
1.
Members of the families of representatives of the sending State in the special
mission and of members of its diplomatic staff shall, if they accompany such members
of the special mission, enjoy the privileges and immunities specified in Articles 29 to
35 provided that they are not nationals of or permanently resident in the receiving
State.
2.
Members of the families of members of the administrative and technical staff of
the special mission shall, if they accompany such members of the special mission,
enjoy the privileges and immunities specified in Article 36 provided that they are not
nationals of or permanently resident in the receiving State.
Article 40
Nationals of the receiving State and persons
permanently resident in the receiving State
1.
Except insofar as additional privileges and immunities may be granted by the
receiving State, the representatives of the sending State in the special mission and the
members of its diplomatic staff who are nationals of or permanently resident in the
receiving State shall enjoy only immunity from jurisdiction and inviolability in respect
of official acts performed in the exercise of their functions.
2.
Other members of the special mission and private staff who are nationals of or
permanently resident in the receiving State shall enjoy privileges and immunities only
to the extent granted to them by that 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 special mission.
Article 41
Waiver of immunity
1.
The sending State may waive the immunity from jurisdiction of its
representatives in the special mission, of the members of its diplomatic staff, and of
other persons enjoying immunity under Articles 36 to 40.
2.
Waiver must always be express.
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3.
The initiation of proceedings by any of the persons referred to in paragraph 1 of
this Article shall preclude him from invoking immunity from jurisdiction in respect of
any counterclaim directly connected with the principal claim.
4.
Waiver of immunity from jurisdiction in respect of civil or administrative
proceedings shall not be held to imply waiver of immunity in respect of the execution
of the judgement, for which a separate waiver shall be necessary.
Article 42
Transit through the territory of a third State
1.
If a representative of the sending State in the special mission or a member of its
diplomatic staff passes through or is in the territory of a third State while proceeding
to take up his functions or returning to the sending State, 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 person referred to in this
paragraph, whether travelling with him 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 transit of members of the administrative and technical or
service staff of the special mission, or of members of their families, through their
territories.
3.
Third States shall accord to official correspondence and other official
communications in transit, including messages in code or cipher, the same freedom
and protection as the receiving State is bound to accord under the present
Convention. Subject to the provisions of paragraph 4 of this Article, they shall accord
to the couriers and bags of the special mission in transit the same inviolability and
protection as the receiving State is bound to accord under the present Convention.
4.
The third State shall be bound to comply with its obligations in respect of the
persons mentioned in paragraphs 1, 2 and 3 of this Article only if it has been informed
in advance, either in the visa application or by notification, of the transit of those
persons as members of the special mission, members of their families or couriers, and
has raised no objection to it.
5.
The obligations of third States under paragraphs 1, 2 and 3 of this Article shall
also apply to the persons mentioned respectively in those paragraphs, and to the
official communications and the bags of the special mission, when the use of the
territory of the third State is due to force majeure.
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Article 43
Duration of privileges and immunities
1.
Every member of the special mission shall enjoy the privileges and immunities
to which he is entitled from the moment he enters the territory of the receiving State
for the purpose of performing his functions in the special mission or, if he is already in
its territory, from the moment when his appointment is notified to the Ministry of
Foreign Affairs or such other organ of the receiving State as may be agreed.
2.
When the functions of a member of the special mission have come to an end,
his privileges and immunities shall normally cease at the moment when he leaves the
territory of the receiving State, or on the expiry of a reasonable period in which to do
so, but shall subsist until that time, even in case of armed conflict. However, in
respect of acts performed by such a member in the exercise of his functions, immunity
shall continue to subsist.
3.
In the event of the death of a member of the special 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 territory of the
receiving State.
Article 44
Property of a member of the special mission or of a
member of his family in the event of death
1.
In the event of the death of a member of the special mission or of a member of
his family accompanying him, if the deceased was not a national of or permanently
resident in the receiving State, the receiving State shall permit the withdrawal of the
movable property of the deceased, with the exception of any property acquired in the
country the export of which was prohibited at the time of his death.
2.
Estate, succession and inheritance duties shall not be levied on movable
property which is in the receiving State solely because of the presence there of the
deceased as a member of the special mission or of the family of a member of the
mission.
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Article 45
Facilities to leave the territory of the receiving State
and to remove the archives of the special mission
1.
The receiving State must, even in case of armed conflict, grant facilities 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. In particular it must, in case of
need, place at their disposal the necessary means of transport for themselves and
their property.
2.
The receiving State must grant the sending State facilities for removing the
archives of the special mission from the territory of the receiving State.
Article 46
Consequences of the cessation of the functions of the special mission
1.
When the functions of a special mission come to an end, the receiving State
must respect and protect the premises of the special mission so long as they are
assigned to it, as well as the property and archives of the special mission. The sending
State must withdraw the property and archives within a reasonable period of time.
2.
In case of the absence or severance of diplomatic or consular relations between
the sending State and the receiving State and if the functions of the special mission
have come to an end, the sending State may, even if there is an armed conflict, entrust
the custody of the property and archives of the special mission to a third State
acceptable to the receiving State.
Article 47
Respect for the laws and regulations of the receiving State
and use of the premises of the special mission
1.
Without prejudice to their privileges and immunities, it is the duty of all persons
enjoying those privileges and immunities under the present Convention 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.
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2.
The premises of the special mission must not be used in any manner
incompatible with the functions of the special mission as envisaged in the present
Convention, in other rules of general international law or in any special agreements in
force between the sending and the receiving State.
Article 48
Professional or commercial activity
The representatives of the sending State in the special mission and the members of its
diplomatic staff shall not practise for personal profit any professional or commercial
activity in the receiving State.
Article 49
Non-discrimination
1.
In the application of the provisions of the present Convention, no discrimination
shall be made as between States.
2.
However, discrimination shall not be regarded as taking place:
(a) where the receiving State applies any of the provisions of the present
Convention restrictively because of a restrictive application of that provision to its
special mission in the sending State;
(b) where States modify among themselves, by custom or agreement, the
extent of facilities, privileges and immunities for their special missions, although such a
modification has not been agreed with other States, provided that it is not
incompatible with the object and purpose of the present Convention and does not
affect the enjoyment of the rights or the performance of the obligations of third
States.
Article 50
Signature
The present Convention shall be open for signature by all States Members of the
United Nations or of any of the specialized agencies or of the International Atomic
Energy Agency 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, until 31 December 1970 at United Nations Headquarters in
New York.
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Article 51
Ratification
The present Convention is subject to ratification. The instruments of ratification shall
be deposited with the Secretary-General of the United Nations.
Article 52
Accession
The present Convention shall remain open for accession by any State belonging to any
of the categories mentioned in article 50. The instruments of accession shall be
deposited with the Secretary-General of the United Nations.
Article 53
Entry into force
1.
The present Convention shall enter into force on the thirtieth day following the
date of deposit of the twenty-second instrument of ratification or accession with the
Secretary-General of the United Nations.
2.
For each State ratifying or acceding to the Convention after the deposit of the
twenty-second instrument of ratification or accession, the Convention shall enter into
force on the thirtieth day after deposit by such State of its instrument of ratification or
accession.
Article 54
Notifications by the depositary
The Secretary-General of the United Nations shall inform all States belonging to any of
the categories mentioned in Article 50:
(a)
of signatures to the present Convention and of the deposit of instruments
of ratification or accession in accordance with Articles 50, 51 and 52;
(b)
of the date on which the present Convention will enter into force in
accordance with Article 53.
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Article 55
Authentic texts
The original of the present Convention, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations, who shall send certified copies thereof to all States belonging to
any of the categories mentioned in Article 50.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, have signed the present Convention, opened for signature at
New York on 16 December 1969.