Section 100p. 100

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

ARTICLE 23

1. The sending State and the head of the mission shall be

exempt from all national, regional or municipal dues and

taxes in respect of the premises of the mission, whether

owned or leased, other than such as represent payment

for specific services rendered.

2. The exemption from taxation referred to in this article

shall not apply to such dues and taxes payable under the

law of the receiving State by persons contracting with the

sending State or the head of the mission.

ARTICLE 24

The archives and documents of the mission shall be

inviolable at any time and wherever they may be.

ARTICLE 25

The receiving State shall accord full facilities for the

performance of the functions of the mission.

ARTICLE 26

Subject to its laws and regulations concerning zones

entry into which is prohibited or regulated for reasons of

national security, the receiving State shall ensure to all

members of the mission freedom of movement and

travel in its territory.

ARTICLE 27

1. The receiving State shall permit and protect free

communication on the part of the mission for all official

purposes. In communicating with the Government and

the other missions and consulates of the sending State,

wherever

situated,

the

mission

may

employ

all

appropriate means, including diplomatic couriers and

messages in code or cipher. However, the mission may

install and use a wireless transmitter only with the

consent of the receiving State.

2. The official correspondence of the mission shall be

inviolable.

Official

correspondence

means

all

correspondence relating to the mission and its functions.

3. The diplomatic bag shall not be opened or detained.

4. The packages constituting the diplomatic bag must

bear visible external marks of their character and may

contain only diplomatic documents or articles intended

for official use.

5. The diplomatic courier, who shall be provided with an

official document indicating his status and the number of

packages

constituting

the

diplomatic

bag,

shall

be

protected by the receiving State in the performance of his

functions. He shall enjoy person inviolability and shall not

be liable to any form of arrest or detention.

6. The sending State or the mission may designate

diplomatic 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

diplomatic bag in his charge.

7. A diplomatic bag may be entrusted to the captain 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 diplomatic courier. The mission may send one of its

members

to take possession of the diplomatic bag

directly and freely from the captain of the aircraft.

ARTICLE 28

The fees and charges levied by the mission in the course

of its official duties shall be exempt from all dues and

taxes.

ARTICLE 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.

ARTICLE 30

1. The private residence of a diplomatic agent shall enjoy

the same inviolability and protection as the premises of

the mission.

2. His papers, correspondence and, except as provided in

paragraph 3 of article 31, his property, shall likewise enjoy

inviolability.

ARTICLE 31

1. A diplomatic agent shall enjoy immunity from the

criminal jurisdiction of the receiving State. He shall also

enjoy

immunity

from

its

civil

and

administrative

jurisdiction, except in the case of:

(a) A real action relating to private immovable property

situated in the territory of the receiving State, unless he

holds it on behalf of the sending State for the purposes of

the mission;

(b)

An

action

relating

to

succession

in

which

the

diplomatic agent is involved as executor, administrator,

heir or legatee as a private person and not on behalf of

the sending State;

(c) An action relating to any professional or commercial

activity exercised by the diplomatic agent in the receiving

State outside his official functions.

2. A diplomatic agent is not obliged to give evidence as a

witness.

3. No measures of execution may be taken in respect of a

diplomatic agent except in the cases coming under

subparagraphs (a), (b) and (c) of paragraph 1 of this article,

and provided that the measures concerned can be taken

without infringing the inviolability of his person or of his

residence.

4.

The

immunity

of

a

diplomatic

agent

from

the

jurisdiction of the receiving State does not exempt him

from the jurisdiction of the sending State.

ARTICLE 32

1. The immunity from jurisdiction of diplomatic agents

and of persons enjoying immunity under article 37 may

be waived by the sending State.

2. Waiver must always be express.

3. The initiation of proceedings by a diplomatic agent or

by a person enjoying immunity from jurisdiction under

article 37 shall preclude him from invoking immunity

from jurisdiction in respect of any counterclaim directly

connected with the principal claim.

4. Waiver of immunity from jurisdiction in respect of civil

or administrative proceedings shall not be held to imply

waiver of immunity in respect of the execution of the

judgment, for which a separate waiver shall be necessary.

ARTICLE 33

1. Subject to the provisions of paragraph 3 of this article, a

diplomatic agent shall with respect to services rendered

for the sending State be exempt from social security

provisions which may be in force in the receiving State.

2. The exemption provided for in paragraph 1 of this article

shall also apply to private servants who are in the sole

employ of a diplomatic agent, 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 may be in force in the sending State or a third

State.

3. A diplomatic agent who employs 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

© Compiled by RGL

100 of 192