Vienna Convention on Diplomatic Relations (18th April 1961)

The States Parties to the present Convention,

Recalling that peoples of all nations from ancient times have recognized the status of diplomatic agents,

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

Believing that an international convention on diplomatic intercourse, privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing 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 the functions of diplomatic missions as representing States,

Affirming that the rules of customary international law should continue to govern questions not expressly regulated by the provisions of the present Convention,

Have agreed as follows:

ART. 3. — The functions of a diplomatic mission consist, inter alia, in:

Representing the sending State in the receiving State;

Protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law;

Negotiating with the Government of the receiving State;

Ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State;

Promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations.

Nothing in the present Convention shall be construed as preventing the performance of consular functions by a diplomatic mission.

ART. 29. — The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

ART. 38. — Except insofar as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.

Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State.

However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.

ART. 44. — The receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the families of such persons irrespective of their nationality, to leave at the earliest possible moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselves and their property.

ART. 50. — The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in article 48.

The instruments of accession shall be deposited with the Secretary-General of the United Nations.

ART. 51. — 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.

ART. 53. — 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 48.

In witness whereof the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

 

Done at Vienna this eighteenth day of April one thousand nine hundred and sixty-one.

 

 

Appendix 2

 

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