Vienna Convention on Diplomatic Relations 6

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Vienna Convention on Diplomatic Relations

 

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;
(b) 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;
(c) the sending State may entrust the protection of its interests and
those of its nationals to a third State acceptable to the receiving
State.

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

Article 48

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 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;
(b) of the date on which the present Convention will enter into force, in
accordance with Article 51.

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.

OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS,
CONCERNING ACQUISITION OF NATIONALITY. DONE AT VIENNA, ON 18 APRIL
1961

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 establish rules between them concerning
acquisition of nationality by the members of their diplomatic missions and
of the families forming part of the household of those members,

Have agreed as follows:

Article I

For the purpose of the present Protocol, the expression “members of the
mission “shall have the meaning assigned to it in Article 1, sub-paragraph
(b), of the Convention, namely “the head of the mission and the members of
the staff of the mission”.

Article II

Members of the mission not being nationals of the receiving State, and
members of their families forming part of their household, shall not,
solely by the operation of the law of the receiving State, acquire the
nationality of that State.

Article III

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 IV

The present Protocol is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.

Article V

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.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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