VIENNA CONVENTION ON CONSULAR RELATIONS
AND OPTIONAL PROTOCOLS
U.N.T.S. Nos. 8638-8640, vol. 596, pp. 262-512
DONE AT VIENNA, ON 24 APRIL 1963
The States Parties to the present Convention,
Recalling that consular relations have been established between peoples
since ancient times,
Having in mind the Purposes and Principles of the Charter of the
United Nation 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:
Article 1 DEFINITIONS
For the purposes of the present Convention, the following expressions
shall have the meanings hereunder assigned to them:
"consular post" means any consulate-general, consulate,
vice-consulate or consular agency;
"consular district" means the area assigned to
a consular post for the exercise of consular functions;
"head of consular post" means the person charged
with the duty of acting in that capacity;
"consular officer" means any person, including
the head of a consular post, entrusted in that capacity with the
exercise of consular functions;
"consular employee" means any person employed
in the administrative or technical service of a consular post;
"member of the service staff" means any person
employed in the domestic service of a consular post;
"members of the consular post" means consular
officers, consular employees and members of the service staff;
"members of the consular staff" means consular
officers, other than the head of a consular post, consular employees
and members of the service staff;
"member of the private staff" means a person who
is employed exclusively in the private service of a member of the
consular post;
"consular premises" means the buildings or parts
of buildings and the land ancillary thereto, irrespective of ownership,
used exclusively for the purposes of the consular post;
"consular archives" includes all the papers, documents,
correspondence, books, films, tapes and registers of the consular
post, together with the ciphers and codes, the card-indexes and
any article of furniture intended for their protection or safekeeping.
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.
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
The establishment of consular relations between States takes place
by mutual consent.
The consent given to the establishment of diplomatic relations between
two States implies, unless otherwise stated, consent to the establishment
of consular relations.
The severance of diplomatic relations shall not ipso facto involve
the severance of consular relations.
Article 3 EXERCISE OF CONSULAR FUNCTIONS
Consular functions are exercised by consular posts. They are also
exercised by diplomatic missions in accordance with the provisions
of the present Convention.
Article 4 ESTABLISHMENT OF A CONSULAR POST
A consular post may be established in the territory of the receiving
State only with that State's consent.
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.
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.
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 it__self established.
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.
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 State in cases of succession mortis
causa in the territory of the receiving State, in accordance with
the laws and regulations of the receiving State;
(h) safeguarding, within the limits imposed by the laws and regulations
of the receiving State, the interests of minors and other persons
lacking full capacity who are nationals of the sending State, particularly
where any guardianship or trusteeship is required with respect to
such persons;
(i) subject to the practices and procedures obtaining in the receiving
State, representing or arranging appropriate representation for
nationals of the sending State before the tribunals and other authorities
of the receiving State, for the purpose of obtaining, in accordance
with the laws and regulations of the receiving State, provisional
measures for the preservation of the rights and interests of these
nationals, where, because of absence or any other reason, such nationals
are unable at the proper time to assume the defence of their rights
and interests;
(j) transmitting judicial and 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 sub-paragraph
(k) of this Article and to their crews, taking statements regarding
the voyage of a vessel, examining and stamping the ship's papers,
and, without prejudice to the powers of the authorities of the receiving
State, conducting investigations into any incidents which occurred
during the voyage, and settling disputes of any kind between the
master, the officers and the seamen in so far 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.
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
Heads of consular posts are divided into four classes, namely:
consuls-general;
consuls;
vice-consuls;
consular agents.
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.
Article 10 APPOINTMENT AND ADMISSION OF HEADS OF CONSULAR POSTS
Heads of consular posts are appointed by the sending State and are
admitted to the exercise of their functions by the receiving State.
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
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.
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.
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
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.
A State which refuses to grant an exequatur is not obliged to give
to the sending State reasons for such refusal.
Subject to the provisions of Articles 13 and 15, the head of a consular
post shall not enter upon his duties until he has received an exequatur.
Article 13 PROVISIONAL ADMISSION OF 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
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.
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.
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.
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
Heads of consular posts shall rank in each class according to the
date of the grant of the exequatur.
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.
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.
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.
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.
Heads of consular posts shall have precedence over consular officers
not having that status.
Article 17 PERFORMANCE OF DIPLOMATIC ACTS BY CONSULAR OFFICERS
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.
A consular officer may, after notification addressed to the receiving
State, act as representative of the sending State to any inter-governmental
organization. When so acting, he shall be entitled to enjoy any privileges
and immunities accorded 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
Subject to the provisions of Articles 20, 22 and 23, the sending
State may freely appoint the members of the consular staff.
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.
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.
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 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
Consular officers should, in principle, have the nationality of the
sending State.
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.
The receiving State may reserve the same right with regard to nationals
of a third State who are not also nationals of the sending State.
Article 23 PERSONS DECLARED "NON GRATA"
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.
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.
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.
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
The Ministry for Foreign Affairs of the receiving State or the authority
designated by that Ministry shall be notified of:
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;
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;
the arrival and final departure of members of the private staff
and, where appropriate, the termination of their service as such;
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.
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.
Article 27 PROTECTION OF CONSULAR PREMISES AND ARCHIVES AND OF THE
INTERESTS OF THE SENDING STATE IN EXCEPTIONAL CIRCUMSTANCES
In the event of the severance of consular relations between two States:
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;
the sending State may entrust the custody of the consular premises,
together with the property contained therein and the consular archives,
to a third State acceptable to the receiving State;
the sending State may entrust the protection of its interests and
those of its nationals to a third State acceptable to the receiving
State.
In the event of the temporary or permanent closure of a consular
post, the provisions of sub-paragraph (a) of paragraph 1 of this Article
shall apply. In addition,
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 sub-paragraphs (b) and of paragraph
1 of this Article shall apply.
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
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.
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.
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
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.
It shall also, where necessary, assist the consular post in obtaining
suitable accommodation for its members.
Article 31 INVIOLABILITY OF THE CONSULAR PREMISES
Consular premises shall be inviolable to the extent provided in this
Article.
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.
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.
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
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.
The exemption from taxation referred to in 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.
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
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.
The official correspondence of the consular post shall be inviolable.
Official correspondence means all correspondence relating to the consular
post and its functions.
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.
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.
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.
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.
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
With a view to facilitating the exercise of consular functions relating
to nationals of the sending State:
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;
if he so requests, the competent authorities of the receiving State
shall, without delay, inform the consular post of the sending State
if, within its consular district, a national of that State is arrested
or committed to prison or to custody pending trial or is detained
in any other manner. Any communication addressed to the consular
post by the person arrested, in prison, custody or detention shall
also be forwarded by the said authorities without delay. The said
authorities shall inform the person concerned without delay of his
rights under this sub-paragraph;
consular officers shall have the right to visit a national of the
sending State who is in prison, custody or detention, to converse
and correspond with him and to arrange for his legal representation.
They shall also have the right to visit any national of the sending
State who is in prison, custody or detention in their district in
pursuance of a judgment. Nevertheless, consular officers shall refrain
from taking action on behalf of a national who is in prison, custody
or detention if he expressly opposes such action.
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.
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
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.
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
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.
Except in the case specified in paragraph 1 of this Article, consular
officers shall not be committed to prison or liable to any other form
of restriction on their personal freedom save in execution of a judicial
decision of final effect.
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 him__self the object of any
such measure, the receiving State shall notify the sending State through
the diplomatic channel.
Article 43 IMMUNITY FROM JURISDICTION
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.
The provisions of paragraph 1 of this Article shall not, however,
apply in respect of a civil action either:
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
by a third party for damage arising from an accident in the receiving
State caused by a vehicle, vessel or aircraft.
Article 44 LIABILITY TO GIVE EVIDENCE
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.
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.
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
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.
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.
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 counter-claim directly connected with the principal
claim.
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.
Article 46 EXEMPTION FROM REGISTRATION OF ALIENS AND RESIDENCE PERMITS
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.
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
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.
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
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.
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:
that they are not nationals of or permanently resident in the receiving
State; and
that they are covered by the social security provisions which are
in force in the sending State or a third State.
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.
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
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:
indirect taxes of a kind which are normally incorporated in the
price of goods or services;
dues or taxes on private immovable property situated in the territory
of the receiving State, subject to the provisions of Article 32;
estate, succession or inheritance duties, and duties on transfers,
levied by the receiving State, subject to the provisions of paragraph
of Article 51;
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;
charges levied for specific services rendered;
registration, court or record fees, mortgage dues and stamp duties,
subject to the provisions of Article 32.
Members of the service staff shall be exempt from dues and taxes
on the wages which they receive for their services.
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
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:
articles for the official use of the consular post;
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.
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.
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 sub-paragraph
(b) of paragraph 1 of this Article, or articles the import or export
of which is prohibited by the laws and regulations of the receiving
State or which are 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;
(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
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.
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.
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.
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.
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
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.
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.
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.
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.
Article 55 RESPECT FOR THE LAWS AND REGULATIONS OF THE RECEIVING
STATE
Without prejudice to their privileges and immunities, it is the duty
of all persons enjoying such privileges and immunities to respect
the laws and regulations of the receiving State. They also have a
duty not to interfere in the internal affairs of that State.
The consular premises shall not be used in any manner incompatible
with the exercise of consular functions.
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 requirement imposed
by the laws and regulations of the receiving State in respect of insurance
against third party risks arising from the use of any vehicle, vessel
or aircraft.
Article 57 SPECIAL PROVISIONS CONCERNING PRIVATE GAINFUL OCCUPATION
Career consular officers shall not carry on for personal profit any
professional or commercial activity in the receiving State.
Privileges and immunities provided in this Chapter shall not be accorded:
to consular employees or to members of the service staff who carry
on any private gainful occupation in the receiving State;
to members of the family of a person referred to in sub-paragraph
(a) of this paragraph or to members of his private staff;
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
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.
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.
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.
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.
Article 60 EXEMPTION FROM TAXATION OF CONSULAR PREMISES
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.
The exemption from taxation referred to in paragraph 1 of this Article
shall not apply to such dues and taxes if, under the laws and regulations
of the receiving State, they are payable by the person who contracted
with the sending State.
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.
Article 63 CRIMINAL PROCEEDINGS
If criminal proceedings are instituted against an honorary consular
officer, he must appear before the competent authorities. Nevertheless,
the proceedings shall be conducted with the respect due to him by
reason of his official position and, except when he is under arrest
or detention, in a manner which will hamper the exercise of consular
functions as little as possible. When it has become necessary to detain
an honorary consular officer, the proceedings against him shall be
instituted with the minimum of delay.
Article 64 PROTECTION OF HONORARY CONSULAR OFFICERS
The receiving State is under a duty to accord to an honorary consular
officer such protection as may be required by reason of his official
position.
Article 65 EXEMPTION FROM REGISTRATION OF ALIENS AND RESIDENCE PERMITS
Honorary consular officers, with the exception of those who carry
on for personal profit any professional or commercial activity in
the receiving State, shall be exempt from all obligations under the
laws and regulations of the receiving State in regard to the registration
of aliens and residence permits.
Article 66 EXEMPTION FROM TAXATION
An honorary consular officer shall be exempt from all dues and taxes
on the remuneration and emoluments which he receives from the sending
State in respect of the exercise of consular functions.
Article 67 EXEMPTION FROM PERSONAL SERVICES AND CONTRIBUTIONS
The receiving State shall exempt honorary consular officers from
all personal services and from all public services of any kind whatsoever
and from military obligations such as those connected with requisitioning,
military contributions and billeting.
Article 68 OPTIONAL CHARACTER OF THE INSTITUTION OF HONORARY CONSULAR
OFFICERS
Each State is free to decide whether it will appoint or receive honorary
consular officers.
CHAPTER IV GENERAL PROVISIONS
Article 69 CONSULAR AGENTS WHO ARE NOT HEADS OF CONSULAR POSTS
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.
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
The provisions of the present Convention apply also, so far as the
context permits, to the exercise of consular functions by a diplomatic
mission.
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.
In the exercise of consular functions a diplomatic mission may address:
the local authorities of the consular district;
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.
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
Except in so far 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
privilege provided in paragraph 3 of Article 44. So far as these consular
officers are concerned, the receiving State shall likewise be bound
by the obligation laid down in Article 42. If criminal proceedings
are instituted against such a consular officer, the proceedings shall,
except when he is under arrest or detention, be conducted in a manner
which will hamper the exercise of consular functions as little as
possible.
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 in so far as these are granted to them by the receiving
State. Those members of the families of members of the consular post
and those members of the private staff who are themselves nationals
of or permanently resident in the receiving State shall likewise enjoy
facilities, privileges and immunities only in so far as these are
granted to them by the receiving State. The receiving State shall,
however, exercise its jurisdiction over those persons in such a way
as not to hinder unduly the performance of the functions of the consular
post.
Article 72 NON-DISCRIMINATION
In the application of the provisions of the present Convention the
receiving State shall not discriminate as between States.
However, discrimination shall not be regarded as taking place:
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;
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
The provisions of the present Convention shall not affect other international
agreements in force as between States parties to them.
Nothing in the present Convention shall preclude States from concluding
international agreements confirming or supplementing or extending
or amplifying the provisions thereof.
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
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.
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 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.
OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON CONSULAR
RELATIONS
CONCERNING ACQUISITION OF NATIONALITY.
DONE AT VIENNA, ON 24 APRIL 1963
The States Parties to the present Protocol and to the Vienna Convention
on Consular Relations, hereinafter referred to as "the Convention",
adopted by the United Nations Conference held at Vienna from 4 March
to 22 April 1963, Expressing their wish to establish rules between
them concerning acquisition of nationality by members of the consular
post and by members of their families forming part of their households,
Have agreed as follows:
Article I
For the purposes of the present Protocol, the expression "members
of the consular post" shall have the meaning assigned to it in
sub-paragraph (g) of paragraph 1 of Article 1 of the Convention, namely,
"consular officers, consular employees and members of the service
staff".
Article II
Members of the consular post not being nationals of the receiving
State, and members of their families forming part of their households,
shall not, solely by the operation of the law of the receiving State,
acquire the nationality of that State.
Article III
The present Protocol shall be open for signature by all States which
may become Parties 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 IV
The present Protocol is subject to ratification. The instruments
of ratification shall be deposited with the Secretary-General of the
United Nations.
Article V
The present Protocol shall remain open for accession by all States
which may become Parties to the Convention. The instruments of accession
shall be deposited with the Secretary-General of the United Nations.
Article VI
The present Protocol shall enter into force on the same day as the
Convention or on the thirtieth day following the date of deposit of
the second instrument of ratification of or accession to the Protocol
with the Secretary-General of the United Nations, whichever date is
the later.
For each State ratifying or acceding to the present Protocol after
its entry into force in accordance with paragraph 1 of this Article,
the Protocol shall enter into force on the thirtieth day after deposit
by such State of its instrument of ratification or accession.
Article VII
The Secretary-General of the United Nations shall inform all States
which may become Parties to the Convention:
(a) of signatures to the present Protocol and of the deposit of
instruments of ratification or accession, in accordance with Articles
III, IV and V;
(b) of the date on which the present Protocol will enter into force,
in accordance with Article VI.
Article VIII
The original of the present Protocol, 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 referred to in Article
III.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly
authorized thereto by their respective Governments, have signed the
present Protocol.
DONE at Vienna, this twenty-fourth day of April, one thousand nine
hundred and sixty-three.
OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON CONSULAR
RELATIONS CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES.
DONE AT VIENNA, ON 24 APRIL 1963
The States Parties to the present Protocol and to the Vienna Convention
on Consular Relations, hereinafter referred to as "the Convention",
adopted by the United Nations Conference held at Vienna from 4 March
to 22 April 1963, Expressing their wish to resort in all matters concerning
them in respect of any dispute arising out of the interpretation or
application of the Convention to the compulsory jurisdiction of the
International Court of Justice, unless some other form of settlement
has been agreed upon by the parties within a reasonable period, Have
agreed as follows:
Article I
Disputes arising out of the interpretation or application of the
Convention shall lie within the compulsory jurisdiction of the International
Court of Justice and may accordingly be brought before the Court by
an application made by any party to the dispute being a Party to
