CONVENTION ON CONSULAR RELATIONS

VIENNA CONVENTION ON CONSULAR RELATIONS
AND OPTIONAL PROTOCOLS

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

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;
(e) "consular employee" means any person employed in the administrative
or technical service of a consular post;
(f) "member of the service staff" means any person employed in the
domestic service of a consular post;
(g) "members of the consular post" means consular officers, consular
employees and members of the service staff;
(h) "members of the consular staff" means consular officers, other than
the head of a consular post, consular employees and members of the
service staff;
(i) "member of the private staff" means a person who is employed
exclusively in the private service of a member of the consular post;

(j) "consular premises" means the buildings or parts of buildings and the
land ancillary thereto, irrespective of ownership, used exclusively
for the purposes of the consular post;
(k) "consular archives" includes all the papers, documents,
correspondence, books, films, tapes and registers of the consular
post, together with the ciphers and codes, the card-indexes and any
article of furniture intended for their protection or safekeeping.

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.

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

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.

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

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.

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 refuses 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.

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.

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.

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.

2. 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

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.

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 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.

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;
(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.

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 sub-paragraph (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 sub-paragraphs (b) and
(c) 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

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.

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 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

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.

5. The consular courier shall be provided with an official document indicat
ing 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 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;
(c) consular officers shall have the right to visit a national of the
sending State who is in prison, custody or detention, to converse and
correspond with him and to arrange for his legal representation. They
shall also have the right to visit any national of the sending State
who is in prison, custody or detention in their district in pursuance
of a judgment. Nevertheless, consular officers shall refrain from
taking action on behalf of a national who is in prison, custody or
detention if he expressly opposes such action.

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.

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.

2. 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.

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.

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 counter-claim 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 decisio
n; in respect of such measures, a separate waiver shall be necessary.

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
(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,n
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.

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 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

1. Every member of the consular post shall enjoy the privileges and immunit
ies 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.

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.

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 that 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 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

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 sub-paragraph (a)
of this paragraph or to members of his private staff;
(c) to members of the family of a member of a consular post who
themselves carry on any private gainful occupation in the receiving
State.


CHAPTER III

REGIME RELATING TO HONORARY CONSULAR OFFICERS
AND CONSULAR POSTS HEADED BY SUCH OFFICERS

Article 58
GENERAL PROVISIONS RELATING TO FACILITIES,
PRIVILEGES AND IMMUNITIES

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.

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 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 honorar
y 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

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.

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 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.

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 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 immunit
ies 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

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.


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 belongi
ng 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.

Article 78
NOTIFICATIONS BY THE SECRETARY-GENERAL

The Secretary-General of the United Nations shall inform all States belongi
ng 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

1. 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.

2. 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 the present Protocol.

Article II

The parties may agree, within a period of two months after one party has
notified its opinion to the other that a dispute exists, to resort not to
the International Court of Justice but to an arbitral tribunal. After the
expiry of the said period, either party may bring the dispute before the
Court by an application.

Article III

1. Within the same period of two months, the parties may agree to adopt a
conciliation procedure before resorting to the International Court of
Justice.

2. The conciliation commission shall make its recommendations within five
months after its appointment. If its recommendations are not accepted by
the parties to the dispute within two months after they have been
delivered, either party may bring the dispute before the Court by an
application.

Article IV

States Parties to the Convention, to the Optional Protocol concerning
Acquisition of Nationality, and to the present Protocol may at any time
declare that they will extend the provisions of the present Protocol to
disputes arising out of the interpretation or application of the Optional
Protocol concerning Acquisition of Nationality. Such declarations shall be
notified to the Secretary-General of the United Nations.

Article V

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 VI

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

Article VII

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 VIII

1. 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 or accession to the Protocol with the
Secretary-General of the United Nations, whichever date is the later.

2. 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 IX

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
V, VI and VII;
(b) of declarations made in accordance with Article IV of the present
Protocol;
(c) of the date on which the present Protocol will enter into force, in
accordance with Article VIII.

Article X

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 V.

IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised
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.