Section 98p. 98

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

authentic, shall be deposited with the Secretary-General

of the United Nations.

DONE at Kyoto this eleventh day of December one

thousand nine hundred and ninety-seven.

IN WITNESS WHEREOF the undersigned, being duly

authorized to that effect, have affixed their signatures to

this Protocol on the dates indicated.

Vienna

Convention

on

Diplomatic

Relations

April 18, 1961

VIENNA CONVENTION ON DIPLOMATIC RELATIONS

Done at Vienna on 18 April 1961. Entered into force on 24

April 1964.

United Nations, Treaty Series, vol. 500, p. 95.

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:

ARTICLE 1

For the purpose of the present Convention, the following

expressions shall have the meanings hereunder assigned

to them:

(a) The "head of the mission" is the person charged by the

sending State with the duty of acting in that capacity;

(b) The "members of the mission" are the head of the

mission and the members of the staff of the mission;

(c) The "members of the staff of the mission" are the

members of the diplomatic staff, of the administrative

and technical staff and of the service staff of the mission;

(d)

The

"members

of

the

diplomatic

staff" are the

members of the staff of the mission having diplomatic

rank;

(e) A "diplomatic agent" is the head of the mission or a

member of the diplomatic staff of the mission;

(f) The "members of the administrative and technical

staff"

are the members of the staff of the mission

employed in the administrative and technical service of

the mission;

(g) The "members of the service staff" are the members of

the staff of the mission in the domestic service of the

mission;

(h) A "private servant" is a person who is in the domestic

service of a member of the mission and who is not an

employee of the sending State;

(i) The "premises of the mission" are the buildings or parts

of buildings and the land ancillary thereto, irrespective of

ownership, used for the purposes of the mission including

the residence of the head of the mission.

ARTICLE 2

The

establishment

of

diplomatic

relations

between

States, and of permanent diplomatic missions, takes

place by mutual consent.

ARTICLE 3

1. The functions of a diplomatic mission consist, inter alia ,

in:

(a) Representing the sending State in the receiving State;

(b) Protecting in the receiving State the interests of the

sending State and of its nationals, within the limits

permitted by international law;

(c) Negotiating with the Government of the receiving

State;

(d) Ascertaining by all lawful means conditions and

developments

in

the

receiving

State,

and reporting

thereon to the Government of the sending State;

(e) Promoting friendly relations between the sending

State

and the receiving State, and developing their

economic, cultural and scientific relations.

2. Nothing in the present Convention shall be construed

as preventing the performance of consular functions by a

diplomatic mission.

ARTICLE 4

1.

The

sending

State

must

make

certain

that

the

agrément of the receiving State has been given for the

person it proposes to accredit as head of the mission to

that State.

2. The receiving State is not obliged to give reasons to the

sending State for a refusal of agrément.

ARTICLE 5

1.

The

sending

State

may,

after

it

has

given

due

notification to the receiving States concerned, accredit a

head of mission or assign any member of the diplomatic

staff, as the case may be, to more than one State, unless

there is express objection by any of the receiving States.

2. If the sending State accredits a head of mission to one

or more other States it may establish a diplomatic

mission headed by a chargé d’affaires ad interim in each

State where the head of mission has not his permanent

seat.

3. A head of mission or any member of the diplomatic

staff of the mission may act as representative of the

sending State to any international organization.

ARTICLE 6

Two or more States may accredit the same person as

head of mission to another State, unless objection is

offered by the receiving State.

ARTICLE 7

Subject to the provisions of articles 5, 8, 9 and 11, the

sending State may freely appoint the members of the

staff of the mission. In the case of military, naval or air

attachés, the receiving State may require their names to

be submitted beforehand, for its approval.

ARTICLE 8

1. Members of the diplomatic staff of the mission should

in principle be of the nationality of the sending State.

2. Members of the diplomatic staff of the mission may not

be appointed from among persons having the nationality

of the receiving State, except with the 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.

© Compiled by RGL

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