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Sovereign Law Series

Vienna “Convention on Consular
Relations” of 1963


Short-Form Reference:

1963 “Convention on Consular Relations”

In-Line Micro Reference:

1963 “Consular Relations”

Ratification / Registration:

UN Treaty Series Vol. 596, p.261, Vienna (24 Apr 1963)


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Introductory Notes by the Independent Judiciary

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Official Text of this Law Source as Ratified

Convention on Consular Relations

Preamble

The States Parties to the present Convention,

Recalling that consular relations have been established between peoples since ancient
times;

[This declaration recognizes the diplomatic status of sovereign historical institutions
“since ancient times”.]

Having in mind the Purposes and Principles of the Charter of the United Nations
concerning the sovereign equality of States, the maintenance of international peace
and security, and the promotion of friendly relations among nations;

Considering that the United Nations Conference on Diplomatic Intercourse and
Immunities adopted the Vienna Convention on Diplomatic Relations which was
opened for signature on 18 April 1961;

Believing that an international convention on consular relations, privileges and
immunities would also contribute to the development of friendly relations among
nations, irrespective of their differing constitutional and social systems;

Realizing that the purpose of such privileges and immunities is not to benefit
individuals but to ensure the efficient performance of functions by consular posts on
behalf of their respective States;

Affirming that the rules of customary international law continue to govern matters not
expressly regulated by the provisions of the present Convention;

Have agreed as follows:



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Article 1

Definitions

1.
For the purposes of the present Convention, the following expressions shall
have the meanings hereunder assigned to them:

(a)
“consular post” means any consulate-general, consulate, vice-consulate
or consular agency;

(b)
“consular district” means the area assigned to a consular post for the
exercise of consular functions;

(c)
“head of consular post” means the person charged with the duty of acting
in that capacity;

(d)
“consular officer” means any person, including the head of a consular
post, entrusted in that capacity with the exercise of consular functions;

[Note that “consular” status is based upon “that capacity” being “entrusted”, which
necessarily means unilaterally issued by the sending State, not depending upon any
action by a receiving State. This proves that any entity defined as a State by the
conventions possesses inherent legal capacity for consular relations, regardless of
recognition.]

(e) “consular employee” means any person employed in the administrative or
technical service of a consular post;

(f)
“member of the service staff” means any person employed in the
domestic service of a consular post;

(g)
“members of the consular post” means consular officers, consular
employees and members of the service staff;

(h)
“members of the consular staff” means consular officers, other than the
head of a consular post, consular employees and members of the service staff;

(i)
“member of the private staff” means a person who is employed
exclusively in the private service of a member of the consular post;

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(j)
“consular premises” means the buildings or parts of buildings and the
land ancillary thereto, irrespective of ownership, used exclusively for the purposes of
the consular post;

(k)
“consular archives” includes all the papers, documents, correspondence,
books, films, tapes and registers of the consular post, together with the ciphers and
codes, the card-indexes and any article of furniture intended for their protection or
safe keeping.

2.
Consular officers are of two categories, namely career consular officers and
honorary consular officers. The provisions of Chapter II of the present Convention
apply to consular posts headed by career consular officers, the provisions of Chapter III
govern consular posts headed by honorary consular officers.

3.
The particular status of members of the consular posts who are nationals or
permanent residents of the receiving State is governed by Article 71 of the present
Convention.

CHAPTER I – CONSULAR RELATIONS IN GENERAL

SECTION I – ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS

Article 2

Establishment of consular relations

1.
The establishment of consular relations between States takes place by mutual
consent.

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

3.
The severance of diplomatic relations shall not ipso facto involve the severance
of consular relations.



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Article 3

Exercise of consular functions

Consular functions are exercised by consular posts. They are also exercised by
diplomatic missions in accordance with the provisions of the present Convention.

[The fact that “consular” functions are also exercised by “diplomatic” missions, proves
that any entity with inherent consular relations is also in diplomatic relations, such
that it can be said to hold inherent legal capacity for both “consular and diplomatic
relations”.]

Article 4

Establishment of a consular post

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

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

3.
Subsequent changes in the seat of the consular post, its classification or the
consular district may be made by the sending State only with the consent of the
receiving State.

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

5.
The prior express consent of the receiving State shall also be required for the
opening of an office forming part of an existing consular post elsewhere than at the
seat thereof.



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Article 5

Consular functions

Consular functions consist in:

(a)
protecting in the receiving State the interests of the sending State and of
its nationals, both individuals and bodies corporate, within the limits permitted by
international law;

(b)
furthering the development of commercial, economic, cultural and
scientific relations between the sending State and the receiving State and otherwise
promoting friendly relations between them in accordance with the provisions of the
present Convention;

(c)
ascertaining by all lawful means conditions and developments in the
commercial, economic, cultural and scientific life of the receiving State, reporting
thereon to the Government of the sending State and giving information to persons
interested;

(d)
issuing passports and travel documents to nationals of the sending State,
and visas or appropriate documents to persons wishing to travel to the sending State;

(e)
helping and assisting nationals, both individuals and bodies corporate, of
the sending State;

(f)
acting as notary and civil registrar and in capacities of a similar kind, and
performing certain functions of an administrative nature, provided that there is
nothing contrary thereto in the laws and regulations of the receiving State;

(g)
safeguarding the interests of nationals, both individuals and bodies
corporate, of the sending States in cases of succession mortis causa in the territory of
the receiving State, in accordance with the laws and regulations of the receiving State;

(h)
safeguarding, within the limits imposed by the laws and regulations of the
receiving State, the interests of minors and other persons lacking full capacity who are
nationals of the sending State, particularly where any guardianship or trusteeship is
required with respect to such persons;

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(i)
subject to the practices and procedures obtaining in the receiving State,
representing or arranging appropriate representation for nationals of the sending
State before the tribunals and other authorities of the receiving State, for the purpose
of obtaining, in accordance with the laws and regulations of the receiving State,
provisional measures for the preservation of the rights and interests of these
nationals, where, because of absence or any other reason, such nationals are unable
at the proper time to assume the defence of their rights and interests;

(j)
transmitting judicial and extrajudicial documents or executing letters
rogatory or commissions to take evidence for the courts of the sending State in
accordance with international agreements in force or, in the absence of such
international agreements, in any other manner compatible with the laws and
regulations of the receiving State;

(k)
exercising rights of supervision and inspection provided for in the laws
and regulations of the sending State in respect of vessels having the nationality of the
sending State, and of aircraft registered in that State, and in respect of their crews;

(l)
extending assistance to vessels and aircraft mentioned in subparagraph
(k) of this article, and to their crews, taking statements regarding the voyage of a
vessel, examining and stamping the ship’s papers, and, without prejudice to the
powers of the authorities of the receiving State, conducting investigations into any
incidents which occurred during the voyage, and settling disputes of any kind between
the master, the officers and the seamen insofar as this may be authorized by the laws
and regulations of the sending State;

(m) performing any other functions entrusted to a consular post by the
sending State which are not prohibited by the laws and regulations of the receiving
State or to which no objection is taken by the receiving State or which are referred to
in the international agreements in force between the sending State and the receiving
State.

Article 6

Exercise of consular functions outside the consular district

A consular officer may, in special circumstances, with the consent of the receiving
State, exercise his functions outside his consular district.



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Article 7

Exercise of consular functions in a third State

The sending State may, after notifying the States concerned, entrust a consular post
established in a particular State with the exercise of consular functions in another
State, unless there is express objection by one of the States concerned.

Article 8

Exercise of consular functions on behalf of a third State

Upon appropriate notification to the receiving State, a consular post of the sending
State may, unless the receiving State objects, exercise consular functions in the
receiving State on behalf of a third State.

Article 9

Classes of heads of consular posts

1.
Heads of consular posts are divided into four classes, namely

(a)
consuls-general;

(b)
consuls;

(c)
vice-consuls;

(d)
consular agents.

2.
Paragraph 1 of this article in no way restricts the right of any of the Contracting
Parties to fix the designation of consular officers other than the heads of consular
posts.



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Article 10

Appointment and admission of heads of consular posts

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

2.
Subject to the provisions of the present Convention, the formalities for the
appointment and for the admission of the head of a consular post are determined by
the laws, regulations and usages of the sending State and of the receiving State
respectively.

Article 11

The consular commission or notification of appointment

1.
The head of a consular post shall be provided by the sending State with a
document, in the form of a commission or similar instrument, made out for each
appointment, certifying his capacity and showing, as a general rule, his full name, his
category and class, the consular district and the seat of the consular post.

2.
The sending State shall transmit the commission or similar instrument through
the diplomatic or other appropriate channel to the Government of the State in whose
territory the head of a consular post is to exercise his functions.

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

Article 12

The exequatur

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

2.
A State which refused to grant an exequatur is not obliged to give to the sending
State reasons for such refusal.

3.
Subject to the provisions of Articles 13 and 15, the head of a consular post shall
not enter upon his duties until he has received an exequatur.
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Article 13

Provisional admission of heads of consular posts

Pending delivery of the exequatur, the head of a consular post may be admitted on a
provisional basis to the exercise of his functions. In that case, the provisions of the
present Convention shall apply.

Article 14

Notification to the authorities of the consular district

As soon as the head of a consular post is admitted even provisionally to the exercise of
his functions, the receiving State shall immediately notify the competent authorities of
the consular district. It shall also ensure that the necessary measures are taken to
enable the head of a consular post to carry out the duties of his office and to have the
benefit of the provisions of the present Convention.

Article 15

Temporary exercise of the functions of the head of a consular post

1.
If the head of a consular post is unable to carry out his functions or the position
of head of consular post is vacant, an acting head of post may act provisionally as head
of the consular post.

2.
The full name of the acting head of post shall be notified either by the
diplomatic mission of the sending State or, if that State has no such mission in the
receiving State, by the head of the consular post, or, if he is unable to do so, by any
competent authority of the sending State, to the Ministry for Foreign Affairs of the
receiving State or to the authority designated by that Ministry. As a general rule, this
notification shall be given in advance. The receiving State may make the admission as
acting head of post of a person who is neither a diplomatic agent nor a consular officer
of the sending State in the receiving State conditional on its consent.

3.
The competent authorities of the receiving State shall afford assistance and
protection to the acting head of post. While he is in charge of the post, the provisions
of the present Convention shall apply to him on the same basis as to the head of the
consular post concerned. The receiving State shall not, however, be obliged to grant
to an acting head of post any facility, privilege or immunity which the head of the
consular post enjoys only subject to conditions not fulfilled by the acting head of post.

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4.
When, in the circumstances referred to in paragraph 1 of this Article, a member
of the diplomatic staff of the diplomatic mission of the sending State in the receiving
State is designated by the sending State as an acting head of post, he shall, if the
receiving State does not object thereto, continue to enjoy diplomatic privileges and
immunities.

Article 16

Precedence as between heads of consular posts

1.
Heads of consular posts shall rank in each class according to the date of the
grant of the exequatur.

2.
If, however, the head of a consular post before obtaining the exequatur is
admitted to the exercise of his functions provisionally, his precedence shall be
determined according to the date of the provisional admission; this precedence shall
be maintained after the granting of the exequatur.

3.
The order of precedence as between two or more heads of consular posts who
obtained the exequatur or provisional admission on the same date shall be
determined according to the dates on which their commissions or similar instruments
or the notifications referred to in paragraph 3 of Article 11 were presented to the
receiving State.

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

5.
Honorary consular officers who are heads of consular posts shall rank in each
class after career heads of consular posts, in the order and according to the rules laid
down in the foregoing paragraphs.

6.
Heads of consular posts shall have precedence over consular officers not having
that status.



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Article 17

Performance of diplomatic acts by consular officers

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

[Note that a “consular officer may… be authorized” for “diplomatic acts”, which
necessarily means unilaterally authorized by the sending State, not depending upon
any action by a receiving State. This confirms that the State possesses inherent legal
capacity, and that any entity in consular relations is also in diplomatic relations, such
that it holds inherent legal capacity for both “consular and diplomatic relations”.]

2.
A consular officer may, after notification addressed to the receiving State, act as
representative of the sending State to any intergovernmental organization. When so
acting, he shall be entitled to enjoy any privileges and immunities accorded to such a
representative by customary international law or by international agreements.
However, in respect of the performance by him of any consular function, he shall not
be entitled to any greater immunity from jurisdiction than that to which a consular
officer is entitled under the present Convention.

Article 18

Appointment of the same person by two or more States as a consular officer

Two or more States may, with the consent of the receiving State, appoint the same
person as a consular officer in that State.

Article 19

Appointment of members of consular staff

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

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

4.
The receiving State may, if required by its laws and regulations, grant an
exequatur to a consular officer other than the head of a consular post.

Article 20

Size of the consular staff

In the absence of an express agreement as to the size of the consular staff, the
receiving State may require that the size of the staff be kept within limits considered
by it to be reasonable and normal, having regard to circumstances and conditions in
the consular district and to the needs of the particular consular post.

Article 21

Precedence as between consular officers of a consular post

The order of precedence as between the consular officers of a consular post and any
change thereof shall be notified by the diplomatic mission of the sending State or, if
that State has no such mission in the receiving State, by the head of the consular post,
to the Ministry for Foreign Affairs of the receiving State or to the authority designated
by that Ministry.

Article 22

Nationality of consular officers

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

2.
Consular officers may not be appointed from among persons having the
nationality of the receiving State except with the express consent of that State which
may be withdrawn at any time.

3.
The receiving State may reserve the same right with regard to nationals of a
third State who are not also nationals of the sending State.



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Article 23

Persons declared “non grata”:

1.
The receiving State may at any time notify the sending State that a consular
officer is persona non grata or that any other member of the consular staff is not
acceptable. In that event, the sending State shall, as the case may be, either recall the
person concerned or terminate his functions with the consular post.

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

3.
A person appointed as a member of a consular post may be declared
unacceptable before arriving in the territory of the receiving State or, if already in the
receiving State, before entering on his duties with the consular post. In any such case,
the sending State shall withdraw his appointment.

4.
In the cases mentioned in paragraphs 1 and 3 of this article, the receiving State
is not obliged to give to the sending State reasons for its decision.

Article 24

Notification to the receiving State of appointments, arrivals and departures

1.
The Ministry for Foreign Affairs of the receiving State or the authority
designated by that Ministry shall be notified of:

(a)
the appointment of members of a consular post, their arrival after
appointment to the consular post, their final departure or the termination of their
functions and any other changes affecting their status that may occur in the course of
their service with the consular post;

(b)
the arrival and final departure of a person belonging to the family of a
member of a consular post forming part of his household and, where appropriate, the
fact that a person becomes or ceases to be such a member of the family;

(c)
the arrival and final departure of members of the private staff and, where
appropriate, the termination of their service as such;

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(d)
the engagement and discharge of persons resident in the receiving State
as members of a consular post or as members of the private staff entitled to privileges
and immunities.

2.
When possible, prior notification of arrival and final departure shall also be
given.

SECTION II – END OF CONSULAR FUNCTIONS

Article 25

Termination of the functions of a member of a consular post

The functions of a member of a consular post shall come to an end, inter alia:

(a)
on notification by the sending State to the receiving State that his
functions have come to an end;

(b)
on withdrawal of the exequatur;

(c)
on notification by the receiving State to the sending State that the
receiving State has ceased to consider him as a member of the consular staff.

Article 26

Departure from the territory of the receiving State

The receiving State shall, even in case of armed conflict, grant to members of the
consular post and members of the private staff, other than nationals of the receiving
State, and to members of their families forming part of their households irrespective
of nationality, the necessary time and facilities to enable them to prepare their
departure and to leave at the earliest possible moment after the termination of the
functions of the members concerned. In particular, it shall, in case of need, place at
their disposal the necessary means of transport for themselves and their property
other than property acquired in the receiving State the export of which is prohibited at
the time of departure.



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Article 27

Protection of consular premises and archives and of the
interests of the sending State in exceptional circumstances

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

(a)
the receiving State shall, even in case of armed conflict, respect and
protect the consular premises, together with the property of the consular post and the
consular archives;

(b)
the sending State may entrust the custody of the consular premises,
together with the property contained therein and the consular archives, to a third
State acceptable to the receiving State;

(c)
the sending State may entrust the protection of its interests and those of
its nationals to a third State acceptable to the receiving State.

2.
In the event of the temporary or permanent closure of a consular post, the
provisions of subparagraph (a) of paragraph 1 of this Article shall apply. In addition,

(a)
if the sending State, although not represented in the receiving State by a
diplomatic mission, has another consular post in the territory of that State, that
consular post may be entrusted with the custody of the premises of the consular post
which has been closed, together with the property contained therein and the consular
archives, and, with the consent of the receiving State, with the exercise of consular
functions in the district of that consular post; or

(b)
if the sending State has no diplomatic mission and no other consular post
in the receiving State, the provisions of subparagraphs (b) and (c) of paragraph 1 of
this Article shall apply.



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CHAPTER II – FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO
CONSULAR POSTS, CAREER CONSULAR OFFICERS AND OTHER
MEMBERS OF A CONSULAR POST

SECTION I – FACILITIES, PRIVILEGES AND IMMUNITIES RELATING
TO A CONSULAR POST

Article 28

Facilities for the work of the consular post

The receiving State shall accord full facilities for the performance of the functions of
the consular post.

Article 29

Use of national flag and coat-of-arms

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

2.
The national flag of the sending State may be flown and its coat-of-arms
displayed on the building occupied by the consular post and at the entrance door
thereof, on the residence of the head of the consular post and on his means of
transport when used on official business.

3.
In the exercise of the right accorded by this Article regard shall be had to the
laws, regulations and usages of the receiving State.

Article 30

Accommodation

1.
The receiving State shall either facilitate the acquisition on its territory, in
accordance with its laws and regulations, by the sending State of premises necessary
for its consular post or assist the latter in obtaining accommodation in some other
way.

2.
It shall also, where necessary, assist the consular post in obtaining suitable
accommodation for its members.


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Article 31

Inviolability of the consular premises

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

2.
The authorities of the receiving State shall not enter that part of the consular
premises which is used exclusively for the purpose of the work of the consular post
except with the consent of the head of the consular post or of his designee or of the
head of the diplomatic mission of the sending State. The consent of the head of the
consular post may, however, be assumed in case of fire or other disaster requiring
prompt protective action.

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

4.
The consular premises, their furnishings, the property of the consular post and
its means of transport shall be immune from any form of requisition for purposes of
national defence or public utility. If expropriation is necessary for such purposes, all
possible steps shall be taken to avoid impeding the performance of consular functions,
and prompt, adequate and effective compensation shall be paid to the sending State.

Article 32

Exemption from taxation of consular premises

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

2.
The exemption from taxation referred to paragraph 1 of this article shall not
apply to such dues and taxes if, under the law of the receiving State, they are payable
by the person who contracted with the sending State or with the person acting on its
behalf.



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Article 33

Inviolability of the consular archives and documents

The consular archives and documents shall be inviolable at all times and wherever
they may be.

Article 34

Freedom of movement

Subject to its laws and regulations concerning zones entry into which is prohibited or
regulated for reasons of national security, the receiving State shall ensure freedom of
movement and travel in its territory to all members of the consular post.

Article 35

Freedom of communication

1.
The receiving State shall permit and protect freedom of communication on the
part of the consular post for all official purposes. In communicating with the
Government, the diplomatic missions and other consular posts, wherever situated, of
the sending State, the consular post may employ all appropriate means, including
diplomatic or consular couriers, diplomatic or consular bags and messages in code or
cipher. However, the consular post may install and use a wireless transmitter only
with the consent of the receiving State.

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

3.
The consular bag shall be neither opened nor detained. Nevertheless, if the
competent authorities of the receiving State have serious reason to believe that the
bag contains something other than the correspondence, documents or articles
referred to in paragraph 4 of this Article, they may request that the bag be opened in
their presence by an authorized representative of the sending State. If this request is
refused by the authorities of the sending State, the bag shall be returned to its place of
origin.

4.
The packages constituting the consular bag shall bear visible external marks of
their character and may contain only official correspondence and documents or
articles intended exclusively for official use.
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5.
The consular courier shall be provided with an official document indicating his
status and the number of packages constituting the consular bag. Except with the
consent of the receiving State he shall be neither a national of the receiving State, nor,
unless he is a national of the sending State, a permanent resident of the receiving
State. In the performance of his functions he shall be protected by the receiving State.
He shall enjoy personal inviolability and shall not be liable to any form of arrest or
detention.

6.
The sending State, its diplomatic missions and its consular posts may designate
consular couriers ad hoc. In such cases the provisions of paragraph 5 of this Article
shall also apply except that the immunities therein mentioned shall cease to apply
when such a courier has delivered to the consignee the consular bag in his charge.

7.
A consular bag may be entrusted to the captain of a ship or of a commercial
aircraft scheduled to land at an 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 consular courier. By arrangement with the appropriate local
authorities, the consular post may send one of its members to take possession of the
bag directly and freely from the captain of the ship or of the aircraft.

Article 36

Communication and contact with nationals of the sending State

1.
With a view to facilitating the exercise of consular functions relating to nationals
of the sending State:

(a)
Consular officers shall be free to communicate with nationals of the
sending State and to have access to them. Nationals of the sending State shall have
the same freedom with respect to communication with and access to consular officers
of the sending State;

(b)
If he so requests, the competent authorities of the receiving State shall,
without delay, inform the consular post of the sending State if, within its consular
district, a national of that State is arrested or committed to prison or to custody
pending trial or is detained in any other manner. Any communication addressed to
the consular post by the person arrested, in prison, custody or detention shall be
forwarded by the said authorities without delay. The said authorities shall inform the
person concerned without delay of his rights under this subparagraph;

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(c)
Consular officers shall have the right to visit a national of the sending
State who is in prison, custody or detention, to converse and correspond with him and
to arrange for his legal representation. They shall also have the right to visit any
national of the sending State who is in prison, custody or detention in their district in
pursuance of a judgement. Nevertheless, consular officers shall refrain from taking
action on behalf of a national who is in prison, custody or detention if he expressly
opposes such action.

2.
The rights referred to in paragraph 1 of this Article shall be exercised in
conformity with the laws and regulations of the receiving State, subject to the proviso,
however, that the said laws and regulations must enable full effect to be given to the
purposes for which the rights accorded under this article are intended.

Article 37

Information in cases of deaths,
guardianship or trusteeship, wrecks and air accidents

If the relevant information is available to the competent authorities of the receiving
State, such authorities shall have the duty:

(a)
in the case of the death of a national of the sending State, to inform
without delay the consular post in whose district the death occurred;

(b)
to inform the competent consular post without delay of any case where
the appointment of a guardian or trustee appears to be in the interests of a minor or
other person lacking full capacity who is a national of the sending State. The giving of
this information shall, however, be without prejudice to the operation of the laws and
regulations of the receiving State concerning such appointments;

(c)
if a vessel, having the nationality of the sending State, is wrecked or runs
aground in the territorial sea or internal waters of the receiving State, or if an aircraft
registered in the sending State suffers an accident on the territory of the receiving
State, to inform without delay the consular post nearest to the scene of the
occurrence.



23


Article 38

Communication with the authorities of the receiving State

In the exercise of their functions, consular officers may address:

(a)
the competent local authorities of their consular district;

(b)
the competent central authorities of the receiving State if and to the
extent that this is allowed by the laws, regulations and usages of the receiving State or
by the relevant international agreements.

Article 39

Consular fees and charges

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

2.
The sums collected in the form of the fees and charges referred to in paragraph
1 of this Article, and the receipts for such fees and charges, shall be exempt from all
dues and taxes in the receiving State.

SECTION II – FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO
CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST

Article 40

Protection of consular officers

The receiving State shall treat consular officers with due respect and shall take all
appropriate steps to prevent any attack on their person, freedom or dignity.

Article 41

Personal inviolability of consular officers

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

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2.
Except in the case specified in paragraph 1 of this Article, consular officers shall
not be committed to prison or be liable to any other form of restriction on their
personal freedom save in execution of a judicial decision of final effect.

3.
If criminal proceedings are instituted against a consular officer, he must appear
before the competent authorities. Nevertheless, the proceedings shall be conducted
with the respect due to him by reason of his official position and, except in the case
specified in paragraph 1 of this Article, in a manner which will hamper the exercise of
consular functions as little as possible. When, in the circumstances mentioned in
paragraph 1 of this Article, it has become necessary to detain a consular officer, the
proceedings against him shall be instituted with the minimum of delay.

Article 42

Notification of arrest, detention or prosecution

In the event of the arrest or detention, pending trial, of a member of the consular
staff, or of criminal proceedings being instituted against him, the receiving State shall
promptly notify the head of the consular post. Should the latter be himself the object
of any such measure, the receiving State shall notify the sending State through the
diplomatic channel.

Article 43

Immunity from jurisdiction

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

2.
The provisions of paragraph 1 of this Article shall not, however, apply in respect
of a civil action either:

(a)
arising out of a contract concluded by a consular officer or a consular
employee in which he did not contract expressly or impliedly as an agent of the
sending State; or

(b)
by a third party for damage arising from an accident in the receiving State
caused by a vehicle, vessel or aircraft.



25


Article 44

Liability to give evidence

1.
Members of a consular post may be called upon to attend as witnesses in the
course of judicial or administrative proceedings. A consular employee or a member of
the service staff shall not, except in the cases mentioned in paragraph 3 of this Article,
decline to give evidence. If a consular officer should decline to do so, no coercive
measure or penalty may be applied to him.

2.
The authority requiring the evidence of a consular officer shall avoid
interference with the performance of his functions. It may, when possible, take such
evidence at his residence or at the consular post or accept a statement from him in
writing.

3.
Members of a consular post are under no obligation to give evidence concerning
matters connected with the exercise of their functions or to produce official
correspondence and documents relating thereto. They are also entitled to decline to
give evidence as expert witnesses with regard to the law of the sending State.

Article 45

Waiver of privileges and immunities

1.
The sending State may waive, with regard to a member of the consular post, any
of the privileges and immunities provided for in Articles 41, 43 and 44.

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

3.
The initiation of proceedings by a consular officer or a consular employee in a
matter where he might enjoy immunity from jurisdiction under Article 43 shall
preclude him from invoking immunity from jurisdiction in respect of any counterclaim
directly connected with the principal claim.

4.
The waiver of immunity from jurisdiction for the purposes of civil or
administrative proceedings shall not be deemed to imply the waiver of immunity from
the measures of execution resulting from the judicial decision; in respect of such
measures, a separate waiver shall be necessary.



26


Article 46

Exemption from registration of aliens and residence permits

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

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

Article 47

Exemption from work permits

1.
Members of the consular post shall, with respect to services rendered for the
sending State, be exempt from any obligations in regard to work permits imposed by
the laws and regulations of the receiving State concerning the employment of foreign
labour.

2.
Members of the private staff of consular officers and of consular employees
shall, if they do not carry on any other gainful occupation in the receiving State, be
exempt from the obligations referred to in paragraph 1 of this Article.

Article 48

Social security exemption

1.
Subject to the provisions of paragraph 3 of this Article, members of the consular
post with respect to services rendered by them for the sending State, and members of
their families forming part of their households, shall be exempt from social security
provisions which may be in force in the receiving State.

2.
The exemption provided for in paragraph 1 of this Article shall apply also to
members of the private staff who are in the sole employ of members of the consular
post, on condition:

(a)
that they are not nationals of or permanently resident in the receiving
State; and
27


(b)
that they are covered by the social security provisions which are in force
in the sending State or a third State.

3.
Members of the consular post who employ persons to whom the exemption
provided for in paragraph 2 of this Article does not apply shall observe the obligations
which the social security provisions of the receiving State impose upon employers.

4.
The exemption provided for in paragraphs 1 and 2 of this Article shall not
preclude voluntary participation in the social security system of the receiving State,
provided that such participation is permitted by that State.

Article 49

Exemption from taxation

1.
Consular officers and consular employees and members of their families
forming part of their households shall be exempt from all dues and taxes, personal or
real, national, regional or municipal, except:

(a)
Indirect taxes of a kind which are normally incorporated in the price of
goods or services;

(b) Dues or taxes on private immovable property situated in the territory of
the receiving State, subject to the provisions of Article 32;

(c)
Estate, succession or inheritance duties, and duties on transfers, levied by
the receiving State, subject to the provisions of paragraph (b) of Article 51;

(d) Dues and taxes on private income, including capital gains, having its
source in the receiving State and capital taxes relating to investments made in
commercial or financial undertakings in the receiving State;

(e)
Charges levied for specific services rendered;

(f)
Registration, court or record fees, mortgage dues and stamp duties,
subject to the provisions of Article 32.

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

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3.
Members of the consular post who employ persons whose wages or salaries are
not exempt from income tax in the receiving State shall observe the obligations which
the laws and regulations of that State impose upon employers concerning the levying
of income tax.

Article 50

Exemption from customs duties and inspection

1.
The receiving State shall, in accordance with such laws and regulations as it may
adopt, permit entry of and grant exemption from all customs duties, taxes, and related
charges other than charges for storage, cartage and similar services, on:

(a)
articles for the official use of the consular post;

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

2.
Consular employees shall enjoy the privileges and exemptions specified in
paragraph 1 of this Article in respect of articles imported at the time of first
installation.

3.
Personal baggage accompanying consular officers and members of their families
forming part of their households shall be exempt from inspection. It may be inspected
only if there is serious reason to believe that it contains articles other than those
referred to in subparagraph (b) of paragraph 1 of this Article, or articles the import or
export of which is prohibited by the laws and regulations of the receiving State or
which are subject to its quarantine laws and regulations. Such inspection shall be
carried out in the presence of the consular officer or member of his family concerned.

Article 51

Estate of a member of the consular post or of a member of his family

In the event of the death of a member of the consular post or of a member of his
family forming part of his household, the receiving State:

(a)
shall permit the export of the movable property of the deceased, with the
exception of any such property acquired in the receiving State the export of which was
prohibited at the time of his death;

29

(b)
shall not levy national, regional or municipal estate, succession or
inheritance duties, and duties on transfers, on movable property the presence of
which in the receiving State was due solely to the presence in that State of the
deceased as a member of the consular post or as a member of the family of a member
of the consular post.

Article 52

Exemption from personal services and contributions

The receiving State shall exempt members of the consular post and members of their
families forming part of their households from all personal services, from all public
service of any kind whatsoever, and from military obligations such as those connected
with requisitioning, military contributions and billeting.

Article 53

Beginning and end of consular privileges and immunities

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

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

3.
When the functions of a member of the consular post have come to an end, his
privileges and immunities and those of a member of his family forming part of his
household or a member of his private staff shall normally cease at the moment when
the person concerned leaves the receiving State or on the expiry of a reasonable
period in which to do so, whichever is the sooner, but shall subsist until that time,
even in case of armed conflict. In the case of the persons referred to in paragraph 2 of
this Article, their privileges and immunities shall come to an end when they cease to
belong to the household or to be in the service of a member of the consular post
provided, however, that if such persons intend leaving the receiving State within a
reasonable period thereafter, their privileges and immunities shall subsist until the
time of their departure.

30

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

5.
In the event of the death of a member of the consular post, the members of his
family forming part of his household shall continue to enjoy the privileges and
immunities accorded to them until they leave the receiving State or until the expiry of
a reasonable period enabling them to do so, whichever is the sooner.

Article 54

Obligations of third States

1.
If a consular officer passes through or is in the territory of a third State, which
has granted him a visa if a visa was necessary, while proceeding to take up or return to
his post or when returning to the sending State, the third State shall accord to him all
immunities provided for by the other articles of the present Convention as may be
required to ensure his transit or return. The same shall apply in the case of any
member of his family forming part of his household enjoying such privileges and
immunities who are accompanying the consular officer or travelling separately to join
him or to return to the sending State.

2.
In circumstances similar to those specified in paragraph 1 of this Article, third
States shall not hinder the transit through their territory of other members of the
consular post or of members of their families forming part of their households.

3.
Third States shall accord to official correspondence and to other official
communications in transit, including messages in code or cipher, the same freedom
and protection as the receiving State is bound to accord under the present
Convention. They shall accord to consular couriers who have been granted a visa, if a
visa was necessary, and to consular bags in transit, the same inviolability and
protection as the receiving State is bound to accord under the present Convention.

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



31


Article 55

Respect for the laws and regulations of the receiving State

1.
Without prejudice to their privileges and immunities, it is the duty of all persons
enjoying such privileges and immunities to respect the laws and regulations of the
receiving State. They also have a duty not to interfere in the internal affairs of the
State.

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

3.
The provisions of paragraph 2 of this Article shall not exclude the possibility of
offices of other institutions or agencies being installed in part of the building in which
the consular premises are situated, provided that the premises assigned to them are
separate from those used by the consular post. In that event, the said offices shall
not, for the purposes of the present Convention, be considered to form part of the
consular premises.

Article 56

Insurance against third party risks

Members of the consular post shall comply with any requirements imposed by the
laws and regulations of the receiving State, in respect of insurance against third party
risks arising from the use of any vehicle, vessel or aircraft.

Article 57

Special provisions concerning private gainful occupation

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

2.
Privileges and immunities provided in this chapter shall not be accorded:

(a)
to consular employees or to members of the service staff who carry on
any private gainful occupation in the receiving State;

(b)
to members of the family of a person referred to in subparagraph (a) of
this paragraph or to members of his private staff;

32

(c)
to members of the family of a member of a consular post who themselves
carry on any private gainful occupation in the receiving State.

CHAPTER III – REGIME RELATING TO HONORARY CONSULAR OFFICERS
AND CONSULAR POSTS HEADED BY SUCH OFFICERS

Article 58

General provisions relating to facilities, privileges and immunities

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

2.
Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph 1
of Article 55 shall apply to honorary consular officers. In addition, the facilities,
privileges and immunities of such consular officers shall be governed by Articles 63,
64, 65, 66 and 67.

3.
Privileges and immunities provided in the present Convention shall not be
accorded to members of the family of an honorary consular officer or of a consular
employee employed at a consular post headed by an honorary consular officer.

4.
The exchange of consular bags between two consular posts headed by honorary
consular officers in different States shall not be allowed without the consent of the
two receiving States concerned.

Article 59

Protection of the consular premises

The receiving State shall take such steps as may be necessary to protect the consular
premises of a consular post headed by an honorary consular officer against any
intrusion or damage and to prevent any disturbance of the peace of the consular post
or impairment of its dignity.



33


Article 60

Exemption from taxation of consular premises

1.
Consular premises of a consular post headed by an honorary consular officer of
which the sending State is the owner or lessee shall be exempt from all national,
regional or municipal dues and taxes whatsoever, other than such as represent
payment for specific services rendered.

2.
The exemption from taxation referred to in paragraph l of this article shall not
apply to such dues and taxes if, under the laws and regulations of the receiving State,
they are payable by the person who contracted with the sending State.

Article 61

Inviolability of consular archives and documents

The consular archives and documents of a consular post headed by an honorary
consular officer shall be inviolable at all times and wherever they may be, provided
that they are kept separate from other papers and documents and, in particular, from
the private correspondence of the head of a consular post and of any person working
with him, and from the materials, books or documents relating to their profession or
trade.

Article 62

Exemption from customs duties

The receiving State shall, in accordance with such laws and regulations as it may
adopt, permit entry of, and grant exemption from all customs duties, taxes, and
related charges other than charges for storage, cartage and similar services on the
following articles, provided that they are for the official use of a consular post headed
by an honorary consular officer: coats-of-arms, flags, signboards, seals and stamps,
books, official printed matter, office furniture, office equipment and similar articles
supplied by or at the instance of the sending State to the consular post.



34


Article 63

Criminal proceedings

If criminal proceedings are instituted against an honorary consular officer, he must
appear before the competent authorities. Nevertheless, the proceedings shall be
conducted with the respect due to him by reason of his official position and, except
when he is under arrest or detention, in a manner which will hamper the exercise of
consular functions as little as possible. When it has become necessary to detain an
honorary consular officer, the proceedings against him shall be instituted with the
minimum of delay.

Article 64

Protection of honorary consular officers

The receiving State is under a duty to accord to an honorary consular officer such
protection as may be required by reason of his official position.

Article 65

Exemption from registration of aliens and residence permits

Honorary consular officers, with the exception of those who carry on for personal
profit any professional or commercial activity in the receiving State, shall be exempt
from all obligations under the laws and regulations of the receiving State in regard to
the registration of aliens and residence permits.

Article 66

Exemption from taxation

An honorary consular officer shall be exempt from all dues and taxes on the
remuneration and emoluments which he receives from the sending State in respect of
the exercise of consular functions.



35


Article 67

Exemption from personal services and contributions

The receiving State shall exempt honorary consular officers from all personal services
and from all public services of any kind whatsoever and from military obligations such
as those connected with requisitioning, military contributions and billeting.

Article 68

Optional character of the institution of honorary consular officers

Each State is free to decide whether it will appoint or receive honorary consular
officers.

CHAPTER IV – GENERAL PROVISIONS

Article 69

Consular agents who are not heads of consular posts

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

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

Article 70

Exercise of consular functions by diplomatic missions

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

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

36

3.
In the exercise of consular functions a diplomatic mission may address:

(a)
the local authorities of the consular district;

(b)
the central authorities of the receiving State if this is allowed by the laws,
regulations and usages of the receiving State or by relevant international agreements.

4.
The privileges and immunities of the members of a diplomatic mission referred
to in paragraph 2 of this Article shall continue to be governed by the rules of
international law concerning diplomatic relations.

Article 71

Nationals or permanent residents of the receiving State

1.
Except insofar as additional facilities, privileges and immunities may be granted
by the receiving State, consular officers who are nationals of or permanently resident
in the receiving State shall enjoy only immunity from jurisdiction and personal
inviolability in respect of official acts performed in the exercise of their functions, and
the privileges provided in paragraph 3 of Article 44. So far as these consular officers
are concerned, the receiving State shall likewise be bound by the obligation laid down
in Article 42. If criminal proceedings are instituted against such a consular officer, the
proceedings shall, except when he is under arrest or detention, be conducted in a
manner which will hamper the exercise of consular functions as little as possible.

2.
Other members of the consular post who are nationals of or permanently
resident in the receiving State and members of their families, as well as members of
the families of consular officers referred to in paragraph 1 of this Article, shall enjoy
facilities, privileges and immunities only insofar as these are granted to them by the
receiving State. Those members of the families of members of the consular post and
those members of the private staff who are themselves nationals of or permanently
resident in the receiving State shall likewise enjoy facilities, privileges and immunities
only insofar as these are granted to them by the receiving State. The receiving State
shall, however, exercise its jurisdiction over those persons in such a way as not to
hinder unduly the performance of the functions of the consular post.



37


Article 72

Non-discrimination

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

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

(a) Where the receiving State applies any of the provisions of the present
Convention restrictively because of a restrictive application of that provision to its
consular posts in the sending State;

(b) Where by custom or agreement States extend to each other more
favourable treatment than is required by the provisions of the present Convention.

Article 73

Relationship between the present Convention and other international agreements

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

2.
Nothing in the present Convention shall preclude States from concluding
international agreements confirming or supplementing or extending or amplifying the
provisions thereof.



38


CHAPTER V – FINAL PROVISIONS

Article 74

Signature

The present Convention shall be open for signature by all States Members of the
United Nations or of any of the specialized agencies or Parties to the Statute of the
International Court of Justice, and by any other State invited by the General Assembly
of the United Nations to become a Party to the Convention, as follows: until 31
October 1963 at the Federal Ministry for Foreign Affairs of the Republic of Austria and
subsequently, until 31 March 1964, at the United Nations Headquarters in New York.

Article 75

Ratification

The present Convention is subject to ratification. The instruments of ratification shall
be deposited with the Secretary-General of the United Nations.

Article 76

Accession

The present Convention shall remain open for accession by any State belonging to any
of the four categories mentioned in Article 74. The instruments of accession shall be
deposited with the Secretary-General of the United Nations.

Article 77

Entry into force

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

2.
For each State ratifying or acceding to the Convention after the deposit of the
twenty-second instrument of ratification or accession, the Convention shall enter into
force on the thirtieth day after deposit by such State of its instrument of ratification or
accession.


39

Article 78

Notifications by the Secretary-General

The Secretary-General of the United Nations shall inform all States belonging to any of
the four categories mentioned in Article 74:

(a)
of signatures to the present Convention and of the deposit of instruments
of ratification or accession, in accordance with Articles 74, 75 and 76;

(b)
of the date on which the present Convention will enter into force, in
accordance with Article 77.

Article 79

Authentic texts

The original of the present Convention, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with the Secretary-General
of the United Nations, who shall send certified copies thereof to all States belonging to
any of the four categories mentioned in Article 74.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present Convention.

DONE at Vienna this twenty-fourth day of April, one thousand nine hundred and sixty-
three.