Section 101p. 101

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

the social security system of the receiving State provided

that such participation is permitted by that State.

5. The provisions of this article shall not affect bilateral or

multilateral

agreements

concerning

social

security

concluded

previously

and

shall

not

prevent

the

conclusion of such agreements in the future.

ARTICLE 34

A diplomatic agent shall be exempt from all dues and

taxes, personal or real, national, regional or municipal,

except:

(a)

Indirect

taxes

of

a

kind

which

are

normally

incorporated in the price of goods or services;

(b)

Dues

and

taxes

on

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;

(c) Estate, succession or inheritance duties levied by the

receiving State, subject to the provisions of paragraph 4

of article 39;

(d) Dues and taxes on private income having its source in

the receiving State and capital taxes on investments

made in commercial undertakings in the receiving State;

(e) Charges levied for specific services rendered;

(f) Registration, court or record fees, mortgage dues and

stamp duty, with respect to immovable property, subject

to the provisions of article 23.

ARTICLE 35

The receiving State shall exempt diplomatic agents 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 36

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 mission;

(b) Articles for the personal use of a diplomatic agent or

members of his family forming part of his household,

including articles intended for his establishment.

2. The personal baggage of a diplomatic agent shall be

exempt from inspection, unless there are serious grounds

for presuming that it contains articles not covered by the

exemptions mentioned in paragraph 1 of this article, or

articles the import or export of which is prohibited by the

law or controlled by the quarantine regulations of the

receiving State. Such inspection shall be conducted only

in

the

presence

of

the

diplomatic agent or of his

authorized representative.

ARTICLE 37

1. The members of the family of a diplomatic agent

forming part of his household shall, if they are not

nationals of the receiving State, enjoy the privileges and

immunities specified in articles 29 to 36.

2. Members of the administrative and technical staff of

the mission, together with members of their families

forming part of their respective households, shall, if they

are not nationals of or permanently resident in the

receiving

State, enjoy the privileges and immunities

specified in articles 29 to 35, except that the immunity

from civil and administrative jurisdiction of the receiving

State specified in paragraph 1 of article 31 shall not extend

to acts performed outside the course of their duties. They

shall also enjoy the privileges specified in article 36,

paragraph 1, in respect of articles imported at the time of

first installation.

3. Members of the service staff of the mission who are not

nationals of or permanently resident in the receiving

State shall enjoy immunity in respect of acts performed in

the course of their duties, exemption from dues and taxes

on the emoluments they receive by reason of their

employment and the exemption contained in article 33.

4. Private servants of members of the mission shall, if they

are not nationals of or permanently resident in the

receiving State, be exempt from dues and taxes on the

emoluments they receive by reason of their employment.

In

other

respects,

they

may

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.

ARTICLE 38

1. 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.

2. 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.

ARTICLE 39

1. Every person entitled to privileges and immunities shall

enjoy them 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 his

appointment is notified to the Ministry for Foreign Affairs

or such other ministry as may be agreed.

2. When the functions of a person enjoying privileges and

immunities have come to an end, such privileges and

immunities shall normally cease at the moment when he

leaves the country, or on expiry of a reasonable period in

which to do so, but shall subsist until that time, even in

case of armed conflict. However, with respect to acts

performed by such a person in the exercise of his

functions as a member of the mission, immunity shall

continue to subsist.

3. In case of the death of a member of the mission, the

members

of

his

family

shall continue to enjoy the

privileges and immunities to which they are entitled until

the expiry of a reasonable period in which to leave the

country.

4. In the event of the death of a member of the mission

not a national of or permanently resident in the receiving

State or a member of his family forming part of his

household,

the

receiving

State

shall

permit

the

withdrawal of the movable property of the deceased, with

the exception of any property acquired in the country the

export of which was prohibited at the time of his death.

Estate, succession and inheritance duties shall not be

levied on movable property the presence of which in the

receiving State was due solely to the presence there of

the deceased as a member of the mission or as a

member of the family of a member of the mission.

ARTICLE 40

1. If a diplomatic agent passes through or is in the territory

of a third State, which has granted him a passport visa if

such visa was necessary, while proceeding to take up or

to return to his post, or when returning to his own

country, the third State shall accord him inviolability and

such other immunities as may be required to ensure his

transit or return. The same shall apply in the case of any

members of his family enjoying privileges or immunities

who

are

accompanying

the

diplomatic

agent,

or

travelling separately to join him or to return to their

country.

© Compiled by RGL

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