Vienna Convention on Consular Relations 5

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Vienna Convention on Consular Relations

 

Article 51

ESTATE OF A MEMBER 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;
(b) 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.

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 immunit
ies 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 end 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) to consular employees or to members of the service staff who carry on
any private gainful occupation in the receiving State;
(b) to members of the family of a person referred to in sub-paragraph (a)
of this paragraph or to members of his private staff;
(c) 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 CONSULAR 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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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