Section 102p. 102

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

2.

In

circumstances

similar

to

those

specified

in

paragraph 1 of this article, third States shall not hinder the

passage of members of the administrative and technical

or service staff of a mission, and of members of their

families, through their territories.

3. Third States shall accord to official correspondence and

other

official

communications

in

transit,

including

messages in code or cipher, the same freedom and

protection as is accorded by the receiving State. They

shall

accord

to diplomatic couriers, who have been

granted a passport visa if such visa was necessary, and

diplomatic bags in transit, the same inviolability and

protection as the receiving State is bound to accord.

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 diplomatic bags, whose

presence in the territory of the third State is due to force

majeure.

ARTICLE 41

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. All official business with the receiving State entrusted

to the mission by the sending State shall be conducted

with or through the Ministry for Foreign Affairs of the

receiving State or such other ministry as may be agreed.

3. The premises of the mission must not be used in any

manner incompatible with the functions of the mission

as laid down in the present Convention or by other rules

of general international law or by any special agreements

in force between the sending and the receiving State.

ARTICLE 42

A diplomatic agent shall not in the receiving State

practise

for

personal

profit

any

professional

or

commercial activity.

ARTICLE 43

The function of a diplomatic agent comes to an end, inter

alia:

(a) On notification by the sending State to the receiving

State that the function of the diplomatic agent has come

to an end;

(b) On notification by the receiving State to the sending

State that, in accordance with paragraph 2 of article 9, it

refuses to recognize the diplomatic agent as a member of

the mission.

ARTICLE 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.

ARTICLE 45

If diplomatic relations are broken off between two States,

or if a mission is permanently or temporarily recalled:

(a) The receiving State must, even in case of armed

conflict, respect and protect the premises of the mission,

together with its property and archives;

(b) The sending State may entrust the custody of the

premises of the mission, together with its property and

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.

ARTICLE 46

A sending State may with the prior consent of a receiving

State, and at the request of a third State not represented

in

the

receiving

State,

undertake

the

temporary

protection of the interests of the third State and of its

nationals.

ARTICLE 47

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 mission 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 48

The present Convention shall be open for signature by all

States Members of the United Nations or of any of the

specialized

agencies

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 1961 at the Federal Ministry for Foreign Affairs of

Austria and subsequently, until 31 March 1962, at the

United Nations Headquarters in New York.

ARTICLE 49

The present Convention is subject to ratification. The

instruments of ratification shall be deposited with the

Secretary-General of the United Nations.

ARTICLE 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.

ARTICLE 51

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 52

The Secretary-General of the United Nations shall inform

all

States

belonging

to

any

of

the

four

categories

mentioned in article 48:

(a) Of signatures to the present Convention and of the

deposit of instruments of ratification or accession, in

accordance with articles 48, 49 and 50;

(b) Of the date on which the present Convention will

enter into force, in accordance with article 51.

ARTICLE 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.

© Compiled by RGL

102 of 192