Free Essay

Viena Convention

In:

Submitted By samdanisani
Words 16844
Pages 68
UNITED NATIONS United States of America

Vienna Convention on Relations and Optional Protocol on Disputes

Multilateral—Diplomatic Relations—Apr. 18,1961

UNITED NATIONS CONFERENCE ON DIPLOMATIC INTERCOURSE AND IMMUNITIES

VIENNA CONVENTION ON DIPLOMATIC RELATIONS

UNITED NATIONS 1961

MULTILATERAL
Vienna Convention on Diplomatic Relations and Optional Protocol on Disputes
Done at Vienna April 18, 1961; Ratification advised by the Senate of the United States of America September 14, 1965; Ratified by the President of the United States of America November 8, 1972 Ratification of the United States of America deposited with the Secretary-General of the United Nations November 13, 1972; Proclaimed by the President of the United States of America November 24, 1972; Entered into force with respect to the United States of America December 13, 1972.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION
CONSIDERING THAT: The Vienna Convention on Diplomatic Relations and the Optional Protocol Concerning the Compulsory Settlement of Disputes were opened for signature on April 18, 1961 and were signed on behalf of the United States of America on June 29, 1961, certified copies of which are hereto annexed; The Senate of the United States of America by its resolution of September 14, 1965, two-thirds of the Senators present concurring therein, gave its advise and consent to ratification of the Convention and the Optional Protocol; On November 8, 1972 the President of the United States of America ratified the Convention and the Optional Protocol, in pursuance of the advice and consent of the Senate; The United States of America deposited its instrument of ratification of the Convention, and the Optional Protocol on November 13, 1972, in accordance with the provisions of Article 49 of the Convention and Article VI of the Optional Protocol; TIAS 7502

INTRODUCTION
VIENNA CONVENTION ON DIPLOMATIC RELATIONS
The States Parties to the present Convention, Recalling that people 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 1 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 also 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 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:

1

TS 993; 59 Stat. 1031.

Article 1
For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them: (a) (b) (c) the “head of the mission” is the person charged by the sending State with the duty of acting in that capacity; the “members of the mission” are the head of the mission and the members of the staff of the mission; 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; the “members of the diplomatic staff” are the members of the staff of the mission having diplomatic rank; a “diplomatic agent” is the head of the mission or a member of the diplomatic staff of the mission; 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; the “members of the service staff” are the members of the staff of the mission in the domestic service of the mission; 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; 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.

(d) (e) (f)

(g) (h)

(i)

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; negotiating with the Government of the receiving State; ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State; promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations.

(c) (d)

(e)

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 in 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 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.

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 in 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 I 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; 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;

(b)

(c)

the arrival and final departure of private servants in the employ of persons referred to in sub-paragraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of such persons; the engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities.

(d)

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 nondiscriminatory 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) (b) that of ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank; 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 promises 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.

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 personal 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 States. 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; 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; an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

(b)

(c)

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 sub-paragraphs (a), (b) and (c) of paragraph I 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 counter-claim 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) (b) that they are not nationals of or permanently resident in the receiving State; and 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 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) (b)

indirect taxes of a kind which are normally incorporated in the price of goods or services; 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; estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39; 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; charges levied for specific services rendered; registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.

(c) (d)

(e) (f)

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 an 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) (b) articles for the official use of the mission; 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 an 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. 2. In circumstances similar to those specified in paragraph I 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 my 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) (b) on notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end; 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 conflicts 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; 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; the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.

(b)

(c)

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; where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.

(b)

Article 48
The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialised agencies or Parties to 1 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; of the date on which the present Convention will enter into force, in accordance with Article 51.

(b)

1

TS 993; 59 Stat. 1055.

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. DONE AT VIENNA, this eighteenth day of April one thousand nine hundred and sixty-one.

Multilateral—Diplomatic Relations—Apr. 18,1961

UNITED NATIONS CONFERENCE ON DIPLOMATIC INTERCOURSE AND IMMUNITIES

VIENNA CONVENTION ON DIPLOMATIC RELATIONS

OPTIONAL PROTOCOL CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES

UNITED NATIONS 1961

VIENNA CONVENTION ON DIPLOMATIC RELATIONS OPTIONAL PROTOCOL CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES The States Parties to the present Protocol and to the Vienna Convention on Diplomatic Relations, hereinafter referred to as “the Convention”, adopted by the United Nations Conference held at Vienna from 2 March to 14 April 1961, Expressing their wish to resort in all matters concerning them in respect of any dispute arising out of the interpretation or application of the Convention to the compulsory jurisdiction of the International Court of Justice, unless some other form of settlement has been agreed upon by the parties within a reasonable period, Have agreed as follows:

Article I
Disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice and may accordingly be brought before the Court by an application made by any party to the dispute being a Party to the present Protocol.

Article II
The parties may agree, within a period of two months after one party has notified its opinion to the other that a dispute exists, to resort not to the International Court of Justice but to an arbitral tribunal. After the expiry of the said period, either party may bring the dispute before the Court by an application.

Article III
1. Within the same period of two months, the parties may agree to adopt a conciliation procedure before resorting to the International Court of Justice. 2. The conciliation commission shall make its recommendations within five months after its appointment. If its recommendations are not accepted by the parties to the dispute within two months after they have been delivered either party may bring the dispute before the Court by an application.

Article IV
States Parties to the Convention, to the Optional Protocol concerning acquisition of Nationality, and to the present Protocol may at any time declare that they will extend the provisions of the present Protocol to disputes arising out of the interpretation or application of the Optional Protocol con-

cerning Acquisition of Nationality. Such declarations shall be notified to the Secretary-General of the United Nations.

Article V
The present Protocol shall be open for signature by all States which may become Parties 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 VI
The present Protocol is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article VII
The present Protocol shall remain open for accession by all States which may become Parties to the Convention. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article VIII
1. The present Protocol shall enter into force on the same day as the Convention or on the thirtieth day following the date of deposit of the second instrument of ratification or accession to the Protocol with the SecretaryGeneral of the United Nations, whichever day is the later. 2. For each State ratifying or acceding to the present Protocol after its entry into force in accordance with paragraph 1 of this Article, the Protocol shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article IX
The Secretary-General of the United Nations shall inform all States which may become Parties to the Convention: (a) of signatures to the present Protocol and of the deposit of instruments of ratification or accession, in accordance with Articles V, VI, and VII; of declarations made in accordance with Article IV of the present Protocol; of the date on which the present Protocol will enter into force, in accordance with Article VIII.

(b) (c)

Article X
The original of the present Protocol, 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 referred to in Article V. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Protocol. DONE AT VIENNA, this eighteenth day of April one thousand nine hundred and sixty-one.

Multilateral—Consular Convention—Apr. 24, 1963

UNITED NATIONS CONFERENCE ON CONSULAR RELATIONS

VIENNA CONVENTION ON CONSULAR RELATIONS

UNITED NATIONS 1964

MULTILATERAL
Vienna Convention on Consular Relations and Optional Protocol on Disputes
Done at Vienna April 24, 1963; Ratification advised by the Senate of the United States of America October 22, 1969; Ratified by the President of the United States of America November 12, 1969; Ratification of the United States of America deposited with the Secretary-General of the United Nations November 24, 1969; Proclaimed by the President of the United States of America January 29, 1970; Entered into force with respect to the United States of America December 24, 1969.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION
WHEREAS the Vienna Convention on Consular Relations and the Optional Protocol Concerning the Compulsory Settlement of Disputes were signed at Vienna on April 24 1963; WHEREAS the texts of the Convention and Protocol, as certified for the Secretary-General of the United Nations, are word for word as follows:

TIAS 6820

INTRODUCTION
VIENNA CONVENTION ON CONSULAR RELATIONS
The States Parties to the present Convention, Recalling that consular relations have been established between peoples since ancient times, Having in mind the Purposes and Principles of the Charter of the United 1 Nations concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations, Considering that the United Nations Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on Diplomatic Rela2 tions which was opened for signature on 18 April 1961, Believing that an international convention on consular relations, privileges and immunities would also 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 functions by consular posts on behalf of their respective States, Affirming that the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention, Have agreed as follows:

1 2

TS 993; 59 Stat. 1031. 500 UNTS 95.

Article 1
Definitions
1. For the purposes of the present Convention, the following expressions shall have the meanings hereunder assigned to them: (a) (b) (c) (d) “consular post” means any consulate-general, consulate, viceconsulate or consular agency; “consular district” means the area assigned to a consular post for the exercise of consular functions; “head of consular post” means the person charged with the duty of acting in that capacity; “consular officer” means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions; “consular employee” means any person employed in the administrative or technical service of a consular post; “member of the service staff” means any person employed in the domestic service of a consular post; “members of the consular post” means consular officers, consular employees and members of the service staff; “members of the consular staff” means consular officers, other than the head of a consular post, consular employees and members of the service staff; member of the private staff” means a person who is employed exclusively in the private service of a member of the consular post; “consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post; “consular archives” includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card-indexes and any article of furniture intended for their protection or safekeeping.

(e) (f) (g) (h)

(i)

(j)

(k)

2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers. 3. The particular status of members of the consular posts who are nationals or permanent residents of the receiving State is governed by Article 71 of the present Convention.

CHAPTER I. CONSULAR RELATIONS IN GENERAL
SECTION I. ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS

Article 2
Establishment of consular relations
1. The establishment of consular relations between States takes place by mutual consent. 2. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations. 3. The severance of diplomatic relations shall not ipso facto involve the severance of consular relations.

Article 3
Exercise of consular functions
Consular functions are exercised by consular posts. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention.

Article 4
Establishment of a consular post
1. A consular post may be established in the territory of the receiving State only with that State's consent. 2. The seat of the consular post, its classification and the consular district shall be established by the sending State and shall be subject to the approval of the receiving State.

3. Subsequent changes in the seat of the consular post, its classification or the consular district may be made by the sending State only with the consent of the receiving State. 4. The consent of the receiving State shall also be required if a consulategeneral or a consulate desires to open a vice-consulate or a consular agency in a locality other than that in which it is itself established. 5. The prior express consent of the receiving State shall also be required for the opening of an office forming part of an existing consular post elsewhere than at the seat thereof.

Article 5
Consular functions
Consular functions consist in: (a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law; furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the provisions of the present Convention; ascertaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting thereon to the Government of the sending State and giving information to persons interested; issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State; helping and assisting nationals, both individuals and bodies corporate, of the sending State; acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State; safeguarding the interests of nationals, both individuals and bodies corporate, of the sending State in cases of succession mortis causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving State;

(b)

(c)

(d)

(e) (f)

(g)

(h)

safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons; subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests; transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State; exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having the nationality of the sending State, and of aircraft registered in that State, and in respect of their crews; extending assistance to vessels and aircraft mentioned in subparagraph (k) of this Article and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship's papers, and, without prejudice to the powers of the authorities of the receiving State, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen in so far as this may be authorized by the laws and regulations of the sending State; performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.

(i)

(j)

(k)

(l)

(m)

Article 6
Exercise of consular functions outside the consular district
A consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district.

Article 7
Exercise of consular functions in a third State
The sending State may, after notifying the States concerned, entrust a consular post established in a particular State with the exercise of consular functions in another State, unless there is express objection by one of the States concerned.

Article 8
Exercise of consular functions on behalf of a third State
Upon appropriate notification to the receiving State, a consular post of the sending State may, unless the receiving State objects, exercise consular functions in the receiving State on behalf of a third State.

Article 9
Classes of heads of consular posts
1. Heads of consular posts are divided into four classes, namely: (a) (b) (c) (d) consuls-general; consuls; vice-consuls; consular agents.

2. Paragraph 1 of this Article in no way restricts the right of any of the Contracting Parties to fix the designation of consular officers other than the heads of consular posts.

Article 10
Appointment and admission of heads of consular posts
1. Heads of consular posts are appointed by the sending State and are admitted to the exercise of their functions by the receiving State. I212. Subject to the provisions of the present Convention, the formalities for the appointment and for the admission of the head of a consular post are determined by the laws, regulations and usages of the sending State and of the receiving State respectively.

Article 11
The consular commission or notification of appointment
1. The head of a consular post shall be provided by the sending State with a document, in the form of a commission or similar instrument, made out for each appointment, certifying his capacity and showing, as a general rule, his full name, his category and class, the consular district and the seat of the consular post. 2. The sending State shall transmit the commission or similar instrument through the diplomatic or other appropriate channel to the Government of the State in whose territory the head of a consular post is to exercise his functions. 3. If the receiving State agrees, the sending State may, instead of a commission or similar instrument, send to the receiving State a notification containing the particulars required by paragraph 1 of this Article.

Article 12
The exequatur
1. The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization. 2. A State which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal. 3. Subject to the provisions of Articles 13 and 15, the head of a consular post shall not enter upon his duties until he has received an exequatur.

Article 13
Provisional admission of heads of consular posts
Pending delivery of the exequatur the head of a consular post may be admitted on a provisional basis to the exercise of his functions. In that case, the provisions of the present Convention shall apply.

Article 14
Notification to the authorities of the consular district
As soon as the head of a consular post is admitted even provisionally to the exercise of his functions, the receiving State shall immediately notify the competent authorities of the consular district. It shall also ensure that the necessary measures are taken to enable the head of a consular post to carry out the duties of his office and to have the benefit of the provisions of the present Convention.

Article 15
Temporary exercise of the functions of the head of a consular post
1. If the head of a consular post is unable to carry out his functions or the position of head of consular post is vacant, an acting head of post may act provisionally as head of the consular post. 2. The full name of the acting head of post shall be notified either by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, or, if he is unable to do so, by any competent authority of the sending State, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. An a general rule, this notification shall be given in advance. The receiving State may make the admission as acting head of post of a person who is neither a diplomatic agent nor a consular officer of the sending State in the receiving State conditional on its consent. 3. The competent authorities of the receiving State shall afford assistance and protection to the acting head of post. While he is in charge of the post, the provisions of the present Convention shall apply to his on the same basis as to the head of the consular post concerned. The receiving State shall not, however, be obliged to grant to an acting head of post any facility, privilege or immunity which the head of the consular post enjoys only subject to conditions not fulfilled by the acting head of post.

4. When, in the circumstances referred to in paragraph 1 of this Article, a member of the diplomatic staff of the diplomatic mission of the sending State in the receiving State is designated by the sending State as an acting head of post, he shall, if the receiving State does not object thereto, continue to enjoy diplomatic privileges and immunities.

Article 16
Precedence as between heads of consular posts
1. Heads of consular posts shall rank in each class according to the date of the grant of the exequatur. 2. If, however, the head of a consular post before obtaining the exequatur is admitted to the exercise of his functions provisionally, his precedence shall be determined according to the date of the provisional admission; this precedence shall be maintained after the granting of the exequatur. 3. The order of precedence as between two or more heads of consular posts who obtained the exequatur or provisional admission on the same date shall be determined according to the dates on which their commissions or similar instruments or the notifications referred to in paragraph 3 of Article 11 were presented to the receiving State. 4. Acting heads of posts shall rank after all heads of consular posts and, as between themselves, they shall rank according to the dates on which they assumed their functions as acting heads of posts as indicated in the notifications given under paragraph 2 of Article 15. 5. Honorary consular officers who are heads of consular posts shall rank in each class after career heads of consular posts, in the order and according to the rules laid down in the foregoing paragraphs. 6. Heads of consular posts shall have precedence over consular officers not having that status.

Article 17
Performance of diplomatic acts by consular officers
1. In a State where the sending State has no diplomatic mission and is not represented by a diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and without affecting his consular status, be authorized to perform diplomatic acts. The performance of such acts by a consular officer shall not confer upon him any right to claim diplomatic privileges and immunities.

2. A consular officer may, after notification addressed to the receiving State, act as representative of the sending State to any inter-governmental organization. When so acting, he shall be entitled to enjoy any privileges and immunities accorded to such a representative by customary international law or by international agreements; however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention.

Article 18
Appointment of the same person by two or more States as a consular officer
Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that State.

Article 19
Appointment of members of consular staff
1. Subject to the provisions of Articles 20, 22 and 23, the sending State may freely appoint the members of the consular staff. 2. The full name, category and class of all consular officers, other than the head of a consular post, be notified by the sending State to the receiving State in sufficient time for the receiving State, if it so wishes, to exercise its rights under paragraph 3 of Article 23. 3. The sending State may, if required by its laws and regulations, request the receiving State to grant an exequatur to a consular officer other than the head of a consular post. 4. The receiving State may, if required by its laws and regulations, grant an exequatur to a consular officer other than the head of a consular post.

Article 20
Size of the consular staff
In the absence of an express agreement as to the size of the consular staff, the receiving State my require that the size of the staff be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the consular district and to the needs of the particular consular post.

Article 21
Precedence as between consular officers of a consular post
The order of precedence as between the consular officers of a consular post and any change thereof shall be notified by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.

Article 22
Nationality of consular officers
1. Consular officers should, in principle, have the nationality of the sending State. 2. Consular officers may not be appointed from among persons having the nationality of the receiving State except with the express 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.

Article 23
Persons declared non grata
1. The receiving State may at any time notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is not acceptable. In that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post. 2. If the sending State refuses or fails within a reasonable time to carry out its obligations under paragraph 1 of this Article, the receiving State may, as the case may be, either withdraw the exequatur from the person concerned or cease to consider him as a member of the consular staff. 3. A person appointed as a member of a consular post may be declared unacceptable before arriving in the territory of the receiving State or, if already in the receiving State, before entering on his duties with the consular post. In any such case, the sending State shall withdraw his appointment.

Article 24
Notification to the receiving State of appointments, arrivals and departures
1. The Ministry for Foreign Affairs of the receiving State or the authority designated by that Ministry shall be notified of: (a) the appointment of members of a consular post, their arrival after appointment to the consular post, their final departure or the termination of their functions and any other changes affecting their status that may occur in the of their service with the consular post; the arrival and final departure of a person belonging to the family of a member of a consular post forming part of his household and, where appropriate, the fact that a person becomes or ceases to be such a member of the family; the arrival and final departure of members of the private staff and, where appropriate, the termination of their service as such; the engagement and discharge of persons resident in the receiving State as members of a consular post or as members of the private staff entitled to privileges and immunities.

(b)

(c) (d)

2. When possible, prior notification of arrival and final departure shall also be given. SECTION II. END OF CONSULAR FUNCTIONS

Article 25
Termination of the functions of a member of a consular post
The functions of a member of a consular post shall come to an end inter alia: (a) (b) (c) on notification by the sending State to the receiving State that his functions have come to an end; on withdrawal of the exequatur; on notification by the receiving State to the sending State that the receiving State has ceased to consider him as a member of the consular staff.

Article 26
Departure from the territory the receiving State
The receiving State shall even in case of armed conflict, grant to members of the consular post and members of the private staff, other than nationals of the receiving State, and to members of their families forming part of their households irrespective of nationality, the necessary time and facilities to enable them to prepare their departure and to leave at the earliest possible moment after the termination of the functions of the members concerned. In particular, it shall, in case of need, place at their disposal the necessary means of transport for themselves and their property other than property acquired in the receiving State the export of which is prohibited at the time of departure.

Article 27
Protection of consular premises and archives and of the interests of the sending State in exceptional circumstances
1. In the event of the severance of consular relations between two States: (a) the receiving State shall, even in case of armed conflict, respect and protect the consular premises, together with the property of the consular post and the consular archives; the sending State may entrust the custody of the consular premises, together with the property contained therein and the consular archives, to a third State acceptable to the receiving State; the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.

(b)

(c)

2. In the event of the temporary or permanent closure of a consular post, the provisions of sub-paragraph (a) of paragraph 1 of this Article shall apply. In addition, (a) if the sending State, although not represented in the receiving State by a diplomatic mission, has another consular post in the territory of that State, that consular post may be entrusted with the custody of the premises of the consular post which has been closed, together with the property contained therein and the consular archives, and, with the consent of the receiving State, with the exercise of consular functions in the district of that consular post; or

(b)

if the sending State has no diplomatic mission and no other consular post in the receiving State, the provisions of sub-paragraphs (b) and (a) of paragraph 1 of this Article shall apply.

CHAPTER II. FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST
SECTION I. FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO A CONSULAR POST

Article 28
Facilities for the work of the consular post
The receiving State shall accord full facilities for the performance of the functions of the consular post.

Article 29
Use of national flag and coat-of-arms
1. The sending State shall have the right to the use of its national flag and coat-of-arms in the receiving State in accordance with the provisions of this Article. 2. The national flag of the sending State may be flown and its coat-of-arms displayed on the building occupied by the consular post and at the entrance door thereof, on the residence of the head of the consular post and on his means of transport when used on official business. 3. In the exercise of the right accorded by this Article regard shall be had to the laws, regulations and usages of the receiving State.

Article 30
Accommodation
1. The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws and regulations, by the sending State of premises necessary for its consular post or assist the latter in obtaining accommodation in some other way. 2. It shall also, where necessary, assist the consular post in obtaining suitable accommodation for its members.

Article 31
Inviolability of the consular premises
1. Consular premises shall be inviolable to the extent provided in this Article. 2. The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action. 3. Subject to the provisions of paragraph 2 of this Article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity. 4. The consular premises, their furnishings, the property of the consular post and its means of transport shall be immune from any form of requisition for purposes of national defence or public utility. If expropriation is necessary for such purposes, all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid to the sending State.

Article 32
Exemption from taxation of consular premises
1. Consular premises and the residence of the career head of consular post of which the sending State or any person acting on its behalf is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered.

2. The exemption from taxation referred to in paragraph 1 of this Article shall not apply to such dues and taxes if, under the law of the receiving State, they are payable by the person who contracted with the sending State or with the person acting on its behalf.

Article 33
Inviolability of the consular archives and documents
The consular archives and documents shall be inviolable at all times and wherever they may be.

Article 34
Freedom of movement
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 freedom of movement and travel in its territory to all members of the consular post.

Article 35
Freedom of communication
1. The receiving State shall permit and protect freedom of communication on the part of the consular post for all official purposes. In communicating with the Government, the diplomatic missions and other consular posts, wherever situated, of the sending State, the consular post may employ all appropriate means, including diplomatic or consular couriers, diplomatic or consular bags and messages in code or cipher. However, the consular post may install and use a wireless transmitter only with the consent of the receiving State. 2. The official correspondence of the consular post shall be inviolable. Official correspondence means all correspondence relating to the consular post and its functions. 3. The consular bag shall be neither opened nor detained. Nevertheless, if the competent authorities of the receiving State have serious reason to believe that the bag contains something other than the correspondence, documents or articles referred to in paragraph 4 of this Article, they may request that the bag be opened in their presence by an authorized representative of the sending State. If this request is refused by the authorities of the sending State, the bag shall be returned to its place of origin. 4. The packages constituting the consular bag shall bear visible external marks of their character and may contain only official correspondence and documents or articles intended exclusively for official use.

5. The consular carrier shall be provided with an official document indicating his status and the number of packages constituting the consular bag. Except with the consent of the receiving State he shall be neither a national of the receiving State, nor, unless he is a national of the sending State, a permanent resident of the receiving State. In the performance of his functions be shall be protected by the receiving State. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. 6. The sending State, its diplomatic missions and its consular posts may designate consular 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 consular bag in his charge. 7. A consular bag may be entrusted to the captain of a ship or 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 consular courier. By arrangement with the appropriate local authorities, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft.

Article 36
Communication and contact with nationals of the sending State
1. With a view to facilitating the exercise of consular functions relating to nationals of the sending State: (a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State; if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this sub-paragraph;

(b)

(c)

consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.

2. The rights referred to in paragraph 1 of this Article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this Article are intended.

Article 37
Information in cases of deaths, guardianship or trusteeship, wrecks and air accidents
If the relevant information is available to the competent authorities of the receiving State, such authorities shall have the duty: (a) in the case of the death of a national of the sending State, to inform without delay the consular post in whose district the death occurred; to inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who in a national of the sending State. The giving of this information shall, however, be without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments; if a vessel, having the nationality of the sending State, is wrecked or runs aground in the territorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State suffers an accident on the territory of the receiving State, to inform without delay the consular post nearest to the scene of the occurrence.

(b)

(c)

Article 38
Communication with the authorities of the receiving State
In the exercise of their functions, consular officers may address:

(a) (b)

the competent local authorities of their consular district: the competent central authorities of the receiving State if and to the extent that this is allowed by the laws, regulations and usages of the receiving State or by the relevant international agreements.

Article 39
Consular fees and charges
1. The consular post may levy in the territory of the receiving State the fees and charges provided by the laws and regulations of the sending State for consular acts. 2. The sums collected in the form of the fees and charges referred to in paragraph 1 of this Article, and the receipts for such fees and charges, shall be exempt from all dues and taxes in the receiving State. SECTION II. FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST

Article 40
Protection of consular officers
The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity.

Article 41
Personal inviolability of consular officers
1. Consular officers shall not be liable to arrest or detention pending trail, except in the case of a grave crime and pursuant to a decision by the competent judicial authority. 2. Except in the case specified in paragraph 1 of this Article, consular officers shall not be committed to prison or liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.

3. If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this Article, in a manner which will hamper the exercise of consular functions as little as possible. When in the circumstances mentioned in paragraph 1 of this Article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay.

Article 42
Notification of arrest, detention or prosecution
In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the receiving State shall promptly notify the head of the consular post. Should the latter be himself the object of any such measure, the receiving State shall notify the sending State through the diplomatic channel.

Article 43
Immunity from jurisdiction
1. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions. 2. The provisions of paragraph I of this Article shall not, however, apply in respect of a civil action either: (a) arising out of a contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending State; or by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.

(b)

Article 44
Liability to give evidence
1. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings. A consular employee or a member of the service staff shall not, except in the cases mentioned in paragraph 3 of this Article, decline to give evidence. If a consular officer should decline to do so, no coercive measure or penalty may be applied to him.

2. The authority requiring the evidence of a consular officer shall avoid interference with the performance of his functions. It may, when possible, take such evidence at his residence or at the consular post or accept a statement from him in writing. 3. Members of a consular post are under no obligation to give evidence concerning matters connected with the exercise of their functions or to produce official correspondence and documents relating thereto. They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State.

Article 45
Waiver of privileges and immunities
1. The sending State my waive, with regard to a member of the consular post, any of the privileges and immunities provided for in Articles 41, 43 and 44. 2. The waiver shall in all cases be express, except as provided in paragraph 3 of this Article, and shall be communicated to the receiving State in writing. 3. The initiation of proceedings by a consular officer or a consular employee in a matter where he might enjoy immunity from jurisdiction under Article 43 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 4. The waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings shall not be deemed to imply the waiver of immunity from the measures of execution resulting from the judicial decision; in respect of such measures, a separate waiver shall be necessary.

Article 46
Exemption from registration of aliens and residence permits
1. Consular officers and consular employees and members of their families forming of their households shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits. 2. The provisions of paragraph 1 of this Article shall not, however, apply to any consular employee who is not a permanent employee of the sending State or who carries on any private gainful occupation in the receiving State or to any member of the family of any such employee.

Article 47
Exemption from work permits
1. Members of the consular post shall, with respect to services rendered for the sending State, be exempt from any obligations in regard to work permits imposed by the laws and regulations of the receiving State concerning the employment of foreign labour. 2. Members of the private staff of consular officers and of consular employees shall, if they do not carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to in paragraph 1 of this Article.

Article 48
Social security exemption
1. Subject to the provisions of paragraph 3 of this Article, members of the consular post with respect to services rendered by them for the sending State, and members of their families forming part of their households, shall 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 apply also to members of the private staff who are in the sole employ of members of the consular post, on condition: (a) (b) that they are not nationals of or permanently resident in the receiving State; and that they are covered by the social security provisions which are in force in the sending State or a third State.

3. Members of the consular post who employ 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 the social security system of the receiving State, provided that such participation is permitted by that State.

Article 49
Exemption from taxation
1. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) (b) (c) indirect taxes of a kind which are normally incorporated in the price of goods or services; dues or taxes on private immovable property situated in the territory of the receiving State, subject to the provisions of Article 32; estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of paragraph (b) of Article 51; dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State; charges levied for specific services rendered; registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.

(d)

(e) (f)

2. Members of the service staff shall be exempt from dues and taxes on the wages which they receive for their services. 3. Members of the consular post who employ persons whose wages or salaries are not exempt from income tax in the receiving State shall observe the obligations which the laws and regulations of that State impose upon employers concerning the levying of income tax.

Article 50
Exemption from customs duties and inspection
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 consular post;

(b)

articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment. The articles intended for consumption shall not exceed the quantities necessary for direct utilization by the persons concerned.

2. Consular employees shall enjoy the privileges and exemptions specified in paragraph 1 of this Article in respect of articles imported at the time of first installation. 3. Personal baggage accompanying consular officers and members of their families forming part of their households shall be exempt from inspection. It may be inspected only if there is serious reason to believe that it contains articles other than those referred to in sub-paragraph (b) of paragraph 1 of this Article, or articles the import or export of which is prohibited by the laws and regulations of the receiving State or which are subject to its quarantine laws and regulations. Such inspection shall be carried out in the presence of the consular officer or member of his family concerned.

Article 51
Estate of a members of the consular post or of a member of his family
In the event of the death of a member of the consular post or of a member of his family forming part of his household, the receiving State: (a) shall permit the export of the movable property of the deceased, with the exception of any such Property acquired in the receiving State the export of which was prohibited at the time of his death; shall not levy national, regional or municipal estate, succession or inheritance duties, and duties on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family of a member of the consular post.

(b)

Article 52
Exemption from personal services and contributions
The receiving State shall exempt members of the consular post and members of their families forming part of their households 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 53
Beginning and end of consular privileges and immunities
1. Every member of the consular post shall enjoy the privileges and immunities provided in the present Convention 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 he enters on his duties with the consular post. 2. Members of the family of a member of the consular post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention from the date from which he enjoys privileges and immunities in accordance with paragraph 1 of this Article or from the date of their entry into the territory of the receiving State or from the date of their becoming a member of such family or private staff, whichever is the latest. 3. When the functions of a member of the consular post have come to an end, his privileges and immunities and those of a member of his family forming part of his household or a member of his private staff shall normally cease at the moment when the person concerned leaves the receiving State or on the expiry of a reasonable period in which to do so, whichever is the sooner, but shall subsist until that time, even in case of armed conflict. In the case of the persons referred to in paragraph 2 of this Article, their privileges and immunities shall come to an and when they cease to belong to the household or to be in the service of a member of the consular post provided, however, that if such persons intend leaving the receiving State within a reasonable period thereafter, their privileges and immunities shall subsist until the time of their departure. 4. However, with respect to acts performed by a consular officer or a consular employee in the exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time. 5. In the event of the death of a member of the consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until they leave the receiving State or until the expiry of a reasonable period enabling them to do so, whichever is the sooner.

Article 54
Obligations of third States
1. If a consular officer passes through or is in the territory of a third State, which has granted him a visa if a visa was necessary, while proceeding to take up or return to his post or when returning to the sending State, the third State shall accord to him all immunities provided for by the other Articles of the present Convention as may be required to ensure his transit or return. The same shall apply in the case of any member of his family forming part of his household enjoying such privileges and immunities who are accompanying the consular officer or travelling separately to join him or to return to the sending State. 2. In circumstances similar to those specified in paragraph 1 of this Article, third States shall not hinder the transit through their territory of other members of the consular post or of members of their families forming part of their households. 3. Third States shall accord to official correspondence and to other official communications in transit, including messages in code or cipher, the same freedom and protection as the receiving State is bound to accord under the present Convention. They shall accord to consular couriers who have been granted a visa if a visa was necessary, and to consular bags in transit, the same inviolability and protection as the receiving State is bound to accord under the present Convention. 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 to consular bags, whose presence in the territory of the third State is due to force majeure.

Article 55
Respect for the laws and regulations of the receiving State
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. The consular premises shall not be used in any manner incompatible with the exercise of consular functions.

3. The provisions of paragraph 2 of this Article shall not exclude the possibility of offices of other institutions or agencies being installed in part of the building in which the consular premises are situated, provided that the premises assigned to them are separate from those used by the consular post. In that event, the said offices shall not, for the purposes of the present Convention, be considered to form part of the consular premises.

Article 56
Insurance against third party risks
Members of the consular post shall comply with any requirement imposed by the laws and regulations of the receiving State in respect of insurance against third party risks arising from the use of any vehicle, vessel or aircraft.

Article 57
Special provisions concerning private gainful occupation
1. Career consular officers shall not carry on for personal profit any professional or commercial activity in the receiving State. 2. Privileges and immunities provided in this Chapter shall not be accorded: (a) (b) (c) to consular employees or to members of the service staff who carry on any private gainful occupation in the receiving State; to members of the family of a person referred to in sub-paragraph (a) of this paragraph or to members of his private staff; to members of the family of a member of a consular post who themselves carry on any private gainful occupation in the receiving State.

CHAPTER III. REGIME RELATING TO HONORARY CONSULAR OFFICERS AND CONSULAR POSTS HEADED BY SUCH OFFICERS
Article 58
General provisions relating to facilities, privileges and immunities
1. Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of Article 54 and paragraphs 2 and 3 of Article 55 shall apply to consular posts headed by an honorary consular officer. In addition, the facilities, privileges and immunities of such consular posts shall be governed by Articles 59, 60, 61 and 62. 2. Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph 1 of Article 55 shall apply to honorary consular officers. In addition, the facilities, privileges and immunities of such consular officers shall be governed by Articles 63, 64, 65, 66 and 67. 3. Privileges and immunities provided in the present Convention shall not be accorded to members of the family of an honorary consular officer or of a consular employee employed at a consular post headed by an honorary consular officer. 4. The exchange of consular bags between two consular posts headed by honorary consular officers in different states shall not be allowed without the consent of the two receiving States concerned.

Article 59
Protection of the consular premises
The receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.

Article 60
Exemption from taxation of consul premises
1. Consular premises of a consular post headed by an honorary consular officer of which the sending State is the owner or lessee shall be exempt from all national, regional or municipal dues and taxes whatsoever, other than such as represent payment for specific services rendered. 2. The exemption from taxation referred to in paragraph 1 of this Article shall not apply to such dues and taxes if, under the laws and regulations of the receiving State, they are payable by the person who contracted with the sending State.

Article 61
Inviolability of consular archives and documents
The consular archives and documents of a consular post headed by an honorary consular officer shall be inviolable at all times and wherever they may be, provided that they are kept separate from other papers and documents and, in particular, from the private correspondence of the head of a consular post and of any person working with him, and from the materials, books or documents relating to their profession or trade.

Article 62
Exemption from customs duties
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 the following articles, provided that they are for the official use of a consular post headed by an honorary consular officer: coats-ofarms, flags, signboards, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.

Article 63
Criminal proceedings
If criminal proceedings are instituted against an honorary consular officer, he must appear before the competent authorities. Nevertheless, the proceedings, shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible.

When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay.

Article 64
Protection of honorary consular officers
The receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position.

Article 65
Exemption from registration of aliens and residence permits
Honorary consular officers, with the exception of those who carry on for personal profit any professional or commercial activity in the receiving State, shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.

Article 66
Exemption from taxation
An honorary consular officer shall be exempt from all dues and taxes on the remuneration and emoluments which he receives from the sending State in respect of the exercise of consular functions.

Article 67
Exemption from personal services and contributions
The receiving State shall exempt honorary consular officers from all personal services and from all public services of any kind whatsoever and from military obligations such as those connected with requisitioning, military contributions and billeting.

Article 68
Optional character of the institution of honorary consular officers
Each State is free to decide whether it will appoint or receive honorary consular officers.

CHAPTER IV. GENERAL PROVISIONS
Article 69
Consular agents who are not heads of consular posts
1. each State is free to decide whether it will establish or admit consular agencies conducted by consular agents not designated as heads of consular post by the sending State. 2. The conditions under which the consular agencies referred to in paragraph 1 of this Article may carry on their activities and the privileges and immunities which may be enjoyed by the consular agents in charge of them shall be determined by agreement between the sending State and the receiving State.

Article 70
Exercise of consular functions by diplomatic missions
1. The provisions of the present Convention apply also, so far as the context permits, to the exercise of consular functions by a diplomatic mission. 2. The names of members of a diplomatic mission assigned to the consular section or otherwise charged with the exercise of the consular functions of the mission shall be notified to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. 3. In the exercise of consular functions a diplomatic mission may address: (a) (b) the local authorities of the consular district; the central authorities of the receiving State if this is allowed by the laws, regulations and usages of the receiving State or by relevant international agreements.

4. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2 of this Article shall continue to be governed by the rules of international law concerning diplomatic relations.

Article 71
Nationals or permanent residents of the receiving State
1. Except in so far as additional facilities, privileges and immunities may be granted by the receiving State, consular officers who are nationals of or permanently resident in the receiving State shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts performed in the exercise of their functions, and the privilege provided in paragraph 3 of Article 44. So far as these consular officers are concerned, the receiving State shall likewise be bound by the obligation laid down in Article 42. If criminal proceedings are instituted against such a consular officer, the proceedings shall, except when he is under arrest or detention, be conducted in a manner which will hamper the exercise of consular functions as little as possible. 2. Other members of the consular post who are nationals of or permanently resident in the receiving State and members of their families, as well as members of the families of consular officers referred to in paragraph 1 of this Article, shall enjoy facilities, privileges and immunities only in so far as these are granted to them by the receiving State. Those members of the families of members of the consular post and those members of the private staff who are themselves nationals of or permanently resident in the receiving State shall likewise enjoy facilities, privileges and immunities only in so far as these are granted to them by the receiving State. The receiving State shall, however, exercise its jurisdiction over those persons in such a way as not to hinder unduly the performance of the functions of the consular post.

Article 72
Non-discrimination
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 consular posts in the sending State; where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.

(b)

Article 73
Relationship between the present Convention and other international agreements
1. The provisions of the present Convention shall not affect other international agreements in force as between States parties to them. 2. Nothing in the present Convention shall preclude States from concluding international agreements confirming or supplementing or extending or amplifying the provisions thereof.

CHAPTER V: FINAL PROVISIONS
Article 74
Signature
The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or Parties to 1 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 1963 at the Federal Ministry for Foreign Affairs of the Republic of Austria and subsequently, until 31 March 1964, at the United Nations Headquarters in New York.

Article 75
Ratification
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 76
Accession
The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in Article 74. The instruments of accession shall be Deposited with the Secretary-General of the United Nations.
1

TS 993; 59 Stat. 1055.

Article 77
Entry into force
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 78
Notifications by the Secretary-General
The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mentioned in Article 74: (a) of signatures to the present Convention and of the deposit of instruments of ratification or accession, in accordance with Articles 74, 75 and 76; of the date on which the present Convention will enter into force, in accordance with Article 77.

(b)

Article 79
Authentic texts
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 74. IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention. DONE AT VIENNA, this twenty-fourth day of April, one thousand nine hundred and sixty-three.

Similar Documents

Free Essay

Breaking Folkways - Deviant Behavior

...Deviant Behavior Course Project Option Four: Mini Research Paper Breaking Folkways For this assignment I chose this particular research option because I am very interested in people’s reactions to experiencing things they are not used to, I also do not embarrass easily. My research involved intentionally violating common folkways in the presence of family, co-workers and strangers. After breaking common norms I than analyzed the results and recorded them below. Day One – Hugging co-workers rather than saying hello In our culture, when in the workplace, it is appropriate to greet fellow employees with a “hello”, “hi” or handshake. For the purpose of this assignment I decided to greet my coworkers with hugs, rather than saying hello and shaking their hand. Clearly the norm which I violated here were keeping the greeting casual and possibly invading my co-workers personal space. Americans are usually very adamant about not getting too close to others while in public and vice versa, so this one was fun for me. Throughout my work day, whenever I encountered a fellow employee I gave them a semi-long hug with a pat on the back, this included both male and female co-workers. I really enjoyed this one. The reactions from the people whom I greeted with a hug, rather than a simple “hello” or hand shake ranged by the particular individual and were usually along the lines of what I expected. All of the females I hugged responded with a return hug, meaning my hug...

Words: 1090 - Pages: 5

Premium Essay

Social Norms

...The social norm I chose to violate was to sit in an empty chair at an otherwise occupied table. I chose a table occupied by three people in a coffee shop in Portland, Oregon. There was not much of a reaction to the social norm violation I committed. The people at the table just looked at me for a moment. After an awkward moment of silence the people at the table said hello and made small talk with me. They were very friendly and easy going. They did not seem to mind that I sat at their table uninvited. After speaking for a few minutes I explained to them that this was a psychology assignment and let them read the assignment. The people at the table were somewhat confused as to why such a thing would be assigned by a college professor. They explained that they felt it was inappropriate for a teacher to ask students to put themselves into any of the listed situations. All the people stated they were not offended by someone actually doing these things. They were bothered that students were required to violate any of the “so-called social norms on the list”. I found my actions to be rude and inconsiderate. I would not like it if someone came over and sat at my table uninvited. Maybe someone wants to have a private conversation with the others at the table. Maybe someone is on a date and wants to be alone. Maybe the people at the table are criminals. Maybe the people do not care if someone sits at their table uninvited. The bottom line is that for me it was uncomfortable...

Words: 429 - Pages: 2

Free Essay

Baderman Island

...Since Baderman Island has opened it had already become a premiere vacation and relaxation destination, but things are just getting started. Of the nearly 1600 acres of the island, only 750 have been developed. That means that there are still over 800 acres of wilderness and development that are still in the works. Of course this doesn’t mean that the entire island will be over-developed. We at Baderman Island have intentionally designed permanent wilderness areas – in addition to the 375 acres of the botanical gardens -- that will be integrated into the master plan of the Island.Here are just a few things that we have in the works: Pepicello Fairways are planning on adding an additional 18 holes of golf on 75 open acres adjacent to the existing golf course. This new range will be designed for those golfers seeking the additional challenge needed to drive up their game. The WIlliam C. Martin Botanical Gardens are growing. Currently the 225 acres of preserved wilderness is home to abundant wildlife, exotics plants, and colorful butterflies. In attempt to better protect the gardens, an additional 150 acre buffer area is being created around the garden. Additionally, the existing walking and hiking trails are being expanded to make for better access for wheelchairs and those guests that request golf cart accessibility. Plans are in the works to expand the Baderman Island Oasis Spa. The modest 50 acres site is being expanded by an additional 25 acres with additional facilities as...

Words: 505 - Pages: 3

Free Essay

“Party Government” by E. E. Schattschneider

...“Party Government” by E. E. Schattschneider, the speaker focuses on the involvement of Federalist 10, regarding to political parties in the constitutional system and interest groups. Schattschneider describes the pro-party as those who “guarantee civil rights and establishes a system of party tolerance, the right to agitate and to organize,” (Page 171) while he describes the aspects of an anti-party as the separation of powers and federalism. He says that the constitutional system created a constitution that was pro-party in one sense and also anti-party. Later in page 171, Schattschneider says that “the Constitution made the rise of parties inevitable yet was incompatible with party government,” meaning the Constitution makes it difficult for parties to function. He also claims that interests groups don’t have the agreement of people and power to control the government. At the end, he describes the law of the imperfect political mobilization of interests as the result that every individual is torn by the diversity of their own interests, making an individual a member of many groups. Schattscheider’s overview of parties in a constitutional system in “Party Government” is connected to Madison’s famous Federalist paper 10. Madison focused on the Constitution establishing an effectual government that would break and control the dangers of a faction, but at the same time to form a popular government where people have opinions. To Madison, interests groups and parties were bad,...

Words: 284 - Pages: 2

Premium Essay

Polsci

...of amending the constitution * the Rigid or Inelastic Constitution * Flexible or Elastic Constitution All of the above mentioned constitutions have their different features and characteristics. The Written Constitution * is the constitution where the provisions are all contained in a single document. The Unwritten Constitution * is the constitution where the provisions are not contained in a single document. The provisions are written in different documents that are considered as part of the land’s fundamental law. This constitution can also be considered as an Un-compiled constitution. The Conventional or Enacted Constitution * is the constitution that was created through a constitutional convention * this convention is called to be able to...

Words: 426 - Pages: 2

Premium Essay

Norm Violation Research Paper

...In our society we have what are called norms. Norms are the expectations, or rules of behavior that develop out of a group’s values (Ramirez-Tinoco, Values and Norms Discussion). People react to norms differently in different times and places and this is what makes up certain norms being norms. I witnessed two norm violations being committed, and I committed one myself. By committing this norm violation I went against my values and my own expectations not only for myself, but also for the expectations others have for me. Values are standards by which people define good and bad beautiful and ugly (Ramirez-Tinoco, Norms Vary Discussion). Without using norms such as mores in our everyday life, our society would not be able to operate properly. Mores are norms that are norms that are believed to be essential to core values and we insist on conformity (Ramirez-Tinoco, Norms Vary Discussion). Most people see norms differently compared to others. A lot of people commit norms very often in life such as folkways because the things other people might consider norms they no longer do. Once someone sees a certain norm violation all the time it no longer becomes a norm violation to that specific person any longer. Folkways are norms that are not strictly enforced (Ramirez-Tinoco, Norms Vary Discussion). These norm violations when committed seem to not get as much of a reaction as mores do. The norm violation I committed was a mores norm violation because it’s not one that people see very...

Words: 949 - Pages: 4

Free Essay

David & Goliath

...This article by Malcolm Gladwell really painted a picture adopting the unconventional ways by using several wars fought in the past of different times, individuals, and even computer scientists to make it clear enough to understand his point. Gladwell, did well indeed portray this concept of diversified thinking in a conscience and creative way. He portrayed the norm of the society being based on conventional ways; that thinking outside the box is the only way we could be better at what we do. Going unconventional means disapproval from the norm, but with relentless attitude and focusing, goals are achieved. This brings Chaffee to mind; his concept of critical and creative thinking. To have victory in anything we do we must be critical thinkers. In sports for example or in wars, an opponent must observe the strengths and weaknesses of the champion which involves thinking critically and being creative. Even the powerful is not immune to defeat if you plan well. It is by knowing all these that one is able to strategically think and come up with ways of beating your opponent. Taking girls without the ability and knowledge of the basketball game is a very classic way of showing that it is not about what we know that sets us apart from the others, but our out of the norm ideas. It’s all about the effort we are willing to put in and the attitude. The efforts help get us there and the attitude is what keeps us in the game. Playing the conventional way does not guarantee winning, but...

Words: 763 - Pages: 4

Premium Essay

Violating Social Norms In Queensborough Commnity Colloge

...Social norms are customs that we are conditioned to percieve as ordinary. Social norms have their pupose in our society. One can look at social norms as being favorable or unfavorable. I personally think that social norms are often a positive thing as they help keep us in order. For this paper I decided to violate a social norm that is derived from folkways. Folways are common demeanors related to rituals and triditions of a certain society. The norm that I choose to violate for this paper required me to cut into the middle of a line by myelf and stay in line for atleast 2 minutes. I decided to violate this social norm on the campus of Queensborough Commnity Colloge, in the cafeteria located in the science building. I choose this specific setting because colleges in our society exibit many social norms, going to college itself is considered a social norm in our society. I violated this norm on October 30th at around 11:00 AM, during that time the cafeteria is usally very crowded. The check out lines were lengthy, just like I expected. I grabbed myself a cup of coffe and saw a gap in the middle of the line so I breached my way in there. While I was violating this norm I felt very rude. I felt like I was being a jerk however I was able to realize that I was breaking this norm solely for the purpose of my assingment which helped follow through with this norm violation. After a while I dicided to go on my and just act like everything was normal. I purchased my coffe and exited the...

Words: 886 - Pages: 4

Premium Essay

The Thing About Freedom...

...Amanda Lane 9/11/12 AP English 12. The concept of freedom means different things to different people, depending on the level of freedom that you have in your life. When people think of the definition of ‘freedom’, they might think of ‘liberty’. The definition of liberty is having the ability to act according to your own will, as long as it doesn't affect the ability of someone else to act according to their own will. Most people would agree that this is the way that a society should function. But in America, do we have true ‘freedom’? Aldous Huxley, the author of the novel Brave New World, later writes in a commentary of the book that the ideas of human freedom have been manipulated over time. Comedian and commentator George Carlin also suggests that freedom is an “illusion”. However, there have been more optimistic views, such as those of presidents Reagan and Kennedy. President Reagan said, “Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.” I do not believe that ALL freedom must necessarily be fought for, but I do believe that it is important to protect and for us to teach our children about the freedoms that we have and are lucky to have. Ultimately, freedom is already protected in the Bill of Rights. We will always have the basic freedoms such as speech, religion, to bear arms, etc. It has been ingrained into us as a nation from...

Words: 596 - Pages: 3

Premium Essay

Com172

...University of Phoenix Material Research Plan As part of your research plan, you must first draft a research question for your research paper that will guide the rest of your writing. A research question, which is more specific and focused than a general topic, is the question that your research paper will be answering. For example, if your general area of interest is Social Security, a possible research question might ask “How could low-income families save more money if the United States had a reformed Social Security plan that included personal retirement accounts?” As you develop a research question, keep in mind that you will need to research sources to support your topic. Do not pick a one-sided question that will limit your research. Instead, develop a research question that lends itself to further exploration and debate—a question you genuinely want to know the answer to. Try to pick a research question that is not too broad (covering too much) or too narrow (covering too little). It should be broad enough to be discussed in a short research paper. What is your general topic or area of interest? My general topic or area of interest is cancer. What is it about your general topic of interest that interests you? What interest me about my general topic of cancer is, people who have been cured from cancer through conventional and unconventional medical methods. What questions do you have about the topic that you would like to investigate? List them. ...

Words: 608 - Pages: 3

Free Essay

Comparision

...Both stories depend upon illusions, or possible illusions. Does Young Goodman Brown really encounter the devil in his walk through the woods? Or is the man a creature of his imagination? Does Jane really see a woman behind the wallpaper? Or is she hallucinating? In each case the author is ambiguous on the point to involve the reader more firmly in the dilemma of the main character.  Both stories depend upon repressed sexuality. Faith wants Brown to remain with her and have relations. Brown rejects her and goes to fulfill his "evil purpose." Jane both desires and resents John and has no satisfactory outlet for her sexual needs.  Both stories end with the protagonist rejecting the world. Young Goodman Brown becomes an embittered, sour, cynical, standoffish man. Jane descends into madness.  However, Brown manages to live in the world, albeit in an emotionally cramped, pushed-away fashion. He and Faith must have had intercourse—how Brown must have cringed!—because there are plenty of children and grandchildren by the end of "Young Goodman Brown." Jane, on the other hand, is unable to deal with her feelings. One has the feeling that there can be no reconciliation between her and her doctor husband. The note of despair is carried through differently ______________________________________________________________________ The portrayal of the masquerade ball foreshadows the similar setting of the carnival in “The Cask of Amontillado,” which appeared less than a year after...

Words: 525 - Pages: 3

Free Essay

Sustainability in the Mice Industry

...Sustainability in the MICE Industry: Metro Toronto Convention Centre Meetings, incentives, conferences, and events (MICE) are an important sector of the tourism industry, and for Toronto it contributed to 30% of the Tourism Toronto's investments budget and generated 33.7% of sales within the budget in 2012. (Tourism Toronto: Business Plan and Annual Budget 2012) The operations surrounding this sector bring business and allow the city to showcase and exhibit its culture, as well as, making it a respected destination for business and leisure travelers. Although these activities bring forth significant economic benefits, the City of Toronto, Tourism Toronto, and facilities within the MICE industry are making important investments in developing the necessary managements and infrastructure to accommodate this sector of the tourism industry. (See Toronto Now) While some of the outcomes of these economic impacts are positive, such as, creating jobs and increasing revenue; there are also a number of negative consequences such as the quality of the natural environment becoming at risk where these activities are taken place. Sustainability in the MICE industry has already been recognized in one of Toronto’s main facilities, the Metro Toronto Convention Centre (MTCC). This venue has been awarded Ontario Sustainable Tourism Award, which acknowledges the convention centres sustainability goals and their Local Food Program, it offers renewable power generated entirely from wind and...

Words: 1032 - Pages: 5

Premium Essay

Sneezing and Seinfeld

...In various cultures and traditions, sneezing has long been associated with malign behavior. A sneeze can signify a disruption in biological harmony, as a forerunner to a cold or the plague. Religiously, sneezing is thought to drive away evil spirits from entering the nostrils, "a gateway between the spiritual and physical" (Examiner). Saying "bless you" or "gesundheit" is considered the proper social reaction and centuries of habit has deeply ingrained this behavior into society. It has developed a sort of "functional autonomy" meaning that the modern implication of "bless you" is detached from its roots (Psychology Today). Acknowledging a stranger, be it holding the door or elevator, is not only tied to the impression an individual gives, but it has become a norm and an expectation in everyday behavior. Some may even be offended or hurt when others do not conform, leading to a dispute like the one between Robin and Michael in Seinfeld's "Good Samaritan" episode. Analyzing the social context makes it apparent that society uses norms to guide behavior and pressure people to conform while frowning upon those who stray from expectations. In a Seinfeld scene where Robin, Michael, Elaine, and George have dinner at a moderately classy restaurant, Robin sneezes and George hesitates before saying "bless you." George then proceeds to joke that Michael, who is Robin's husband, ought to have the responsibility of saying "bless you" first (Seinfeldology). George points out Michael's lack...

Words: 687 - Pages: 3

Premium Essay

Oci Paper

...GM 591: ORGANIZATION CULTURE INVENTORY (OCI) Part I – Introduction The organization that I selected to study was my own company; Sandstone is Thai exporter and trading company. Sandstone exports various types of foods and beverages. Main products are: Jasmine rice and other Thai rice, canned fruits, and canned vegetables. Every work clearly separate work and responsibility in each department. Each department manages their work in their organization. It has President Manager, manager assistant, and an employee respectively. Organization Culture, is importance part of organization, is social rules in an organization. Everybody has to know their organization culture in order to follow those culture. Part II – Current Culture A. Cultural Type As we can see in the accompanying OCI Circumplex, Sandstone is strongest in the Aggressive/Defensive Styles. This Aggressive/Defensive culture is generally one “in which members are expected to approach tasks in forceful ways to protect their status and security, are characterized by Oppositional, Power, Competitive, and Perfectionistic norms.” * Oppositional: pointing out flaws * Power: building up one’s power base * Competitive: turning the job into a contest * Perfectionistic: doing things perfect Primary style is Competitive This was the cultural norm with the greatest percent score: 89%. According to the OCI Interpretation & Development Guide, a Competitive culture is generally one “in which winning is valued...

Words: 1840 - Pages: 8

Premium Essay

Decline of Hong Kong Convention and Exhition Industry

...The decline in Convention and Exhibition Industry With well-facilitated exhibition halls, multi-purpose halls, theaters and meeting rooms, Hong Kong is crowned as a giant of organizing international events and conferences. There are numerous conventions and exhibitions held in Hong Kong every year ranging from Mipim Asia, HKTDC Hong Kong Optical Fair to Hong Kong International Jewelry Manufacturers' Show. Given the regular and occasional exhibitions and conferences held in Hong Kong, Convention and Exhibition Industry seems to be extraordinarily successful at first glance. However, recent newspaper clips and figures provided by the authority shows that Convention and Exhibition Industry is declining bit by bit. The Industry of Convention and Exhibition in the territory is beset with myriad problems which prevents such industry from being premier and cause the industry to decline. The decline in Convention and Exhibition Industry can be ascribed to internal and external factors. Regards to the internal one, it would be low competitive edge of its own. For the external one, the threat of surrounding competition would be taken into consideration. The following paragraphs would be the examination of internal and external problems while a series of solutions to the issues would be further provided. Regarding to the internal factor, its low competitive edge has brought Hong Kong Convention and Exhibition Industry a heavy slump. Although we are told that the infrastructures...

Words: 731 - Pages: 3