Section 99p. 99

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

ARTICLE 9

1. The receiving State may at any time and without having

to explain its decision, notify the sending State that the

head of the mission or any member of the diplomatic

staff of the mission is persona non grata or that any other

member of the staff of the mission is not acceptable. In

any such case, the sending State shall, as appropriate,

either recall the person concerned or terminate his

functions with the mission. A person may be declared

non grata or not acceptable before arriving in the territory

of the receiving State.

2. If the sending State refuses or fails within a reasonable

period to carry out its obligations under paragraph 1 of

this article, the receiving State may refuse to recognize

the person concerned as a member of the mission.

ARTICLE 10

1. The Ministry for Foreign Affairs of the receiving State, or

such other ministry as may be agreed, shall be notified of:

(a) The appointment of members of the mission, their

arrival and their final departure or the termination of their

functions with the mission;

(b) The arrival and final departure of a person belonging

to the family of a member of the mission and, where

appropriate, the fact that a person becomes or ceases to

be a member of the family of a member of the mission;

(c) The arrival and final departure of private servants in

the employ of persons referred to in subparagraph (a) of

this paragraph and, where appropriate, the fact that they

are leaving the employ of such persons;

(d) The engagement and discharge of persons resident in

the receiving State as members of the mission or private

servants entitled to privileges and immunities.

2. Where possible, prior notification of arrival and final

departure shall also be given.

ARTICLE 11

1. In the absence of specific agreement as to the size of

the mission, the receiving State may require that the size

of a mission be kept within limits considered by it to be

reasonable and normal, having regard to circumstances

and conditions in the receiving State and to the needs of

the particular mission.

2. The receiving State may equally, within similar bounds

and on a non-discriminatory basis, refuse to accept

officials of a particular category.

ARTICLE 12

The sending State may not, without the prior express

consent of the receiving State, establish offices forming

part of the mission in localities other than those in which

the mission itself is established.

ARTICLE 13

1. The head of the mission is considered as having taken

up his functions in the receiving State either when he has

presented his credentials or when he has notified his

arrival and a true copy of his credentials has been

presented to the Ministry for Foreign Affairs of the

receiving State, or such other ministry as may be agreed,

in

accordance

with

the

practice

prevailing

in

the

receiving State which shall be applied in a uniform

manner.

2. The order of presentation of credentials or of a true

copy thereof will be determined by the date and time of

the arrival of the head of the mission.

ARTICLE 14

1. Heads of mission are divided into three classes, namely:

(a) That of ambassadors or nuncios accredited to Heads of

State, and other heads of mission of equivalent rank;

(b) That of envoys, ministers and internuncios accredited

to Heads of State;

(c) That of chargés d’affaires accredited to Ministers for

Foreign Affairs.

2. Except as concerns precedence and etiquette, there

shall be no differentiation between heads of mission by

reason of their class.

ARTICLE 15

The class to which the heads of their missions are to be

assigned shall be agreed between States.

ARTICLE 16

1.

Heads

of

mission

shall

take

precedence

in their

respective classes in the order of the date and time of

taking up their functions in accordance with article 13.

2. Alterations in the credentials of a head of mission not

involving

any

change

of

class

shall

not

affect

his

precedence.

3.

This

article

is

without

prejudice

to

any

practice

accepted

by

the

receiving

State

regarding

the

precedence of the representative of the Holy See.

ARTICLE 17

The precedence of the members of the diplomatic staff of

the mission shall be notified by the head of the mission to

the Ministry for Foreign Affairs or such other ministry as

may be agreed.

ARTICLE 18

The procedure to be observed in each State for the

reception of heads of mission shall be uniform in respect

of each class.

ARTICLE 19

1. If the post of head of the mission is vacant, or if the head

of the mission is unable to perform his functions a chargé

d’affaires ad interim shall act provisionally as head of the

mission. The name of the chargé d’affaires ad interim

shall be notified, either by the head of the mission or, in

case he is unable to do so, by the Ministry for Foreign

Affairs of the sending State to the Ministry for Foreign

Affairs of the receiving State or such other ministry as

may be agreed.

2. In cases where no member of the diplomatic staff of

the mission is present in the receiving State, a member of

the administrative and technical staff may, with the

consent of the receiving State, be designated by the

sending

State

to

be

in

charge

of

the

current

administrative affairs of the mission.

ARTICLE 20

The mission and its head shall have the right to use the

flag and emblem of the sending State on the premises of

the mission, including the residence of the head of the

mission, and on his means of transport.

ARTICLE 21

1. The receiving State shall either facilitate the acquisition

on its territory, in accordance with its laws, by the sending

State of premises necessary for its mission or assist the

latter in obtaining accommodation in some other way.

2.

It

shall

also,

where

necessary,

assist

missions in

obtaining suitable accommodation for their members.

ARTICLE 22

1. The premises of the mission shall be inviolable. The

agents of the receiving State may not enter them, except

with the consent of the head of the mission.

2. The receiving State is under a special duty to take all

appropriate steps to protect the premises of the mission

against any intrusion or damage and to prevent any

disturbance of the peace of the mission or impairment of

its dignity.

3. The premises of the mission, their furnishings and other

property thereon and the means of transport of the

mission

shall

be

immune

from

search,

requisition,

attachment or execution.

© Compiled by RGL

99 of 192