Vienna Convention on Diplomatic Relations

 

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 State. 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;
(b) 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;
(c) an action relating to any professional or commercial activity
exercised by the diplomatic agent in the receiving State outside his
official functions.

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 1 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) that they are not nationals of or permanently resident in the
receiving State; and
(b) 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) indirect taxes of a kind which are normally incorporated in the price
of goods or services;
(b) 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;
(c) estate, succession or inheritance duties levied by the receiving
State, subject to the provisions of paragraph 4 of Article 39;
(d) 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;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duty,
with respect to immovable property, subject to the provisions of
Article 23.

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 as those connected with requisitioning, military
contributions and billeting.

Author: international