3230 U.S. Treaties and Other International Agreements [23 UST

VIENNA CONVENTION ON DIPLOMATIC RELATIONS

The States Parties to the present Convention,

Recalling that peoples 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 Nations [1] 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 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 the 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:

Article

For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them:

(a) the "head of the mission" is the person charged by the sending State

with the duty of acting in that capacity;

(b) the "members of the mission" are the head of the mission and the
members of the staff of the mission;

TIAS 7502

1TS 993; 59 Stat. 1031.

23 UST]

Multi.-Diplomatic Relations-Apr. 18, 1961

(a) 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;

(d) the "members of the diplomatic staff" are the members of the staff

of the mission having diplomatic rank;

(e) a "diplomatio agent" is the head of the mission or a member of the
diplomatic staff of the mission;

(1) 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;

(g) the "members of the service staff" are the members of the staff of
the mission in the domestic service of the mission;

(b) a "private servant" is a person who is in the domestic service of a
Imember of the mission and who is not an employee of the sending
State;

(1) 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.

Artiole 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;

3231

TIAS 7502

3232

U.S. Treaties and Other International Agreements [23 UST

(b) protecting in the receiving State the interests of the sending

State and of its nationals, within the limits permitted by
international law;

(0) negotiating with the Government of the receiving State;

(4) 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.

2. Nothing in the present Convention shall be construed as preventing the nerformance of consular functions by a diplomatic mission.

Artiole 4

1. The sending State must make certain that the agrément of the receiving State has been given for the person it proposes to socredit 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.

1.

Article 5

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 is 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.

TIAS 7502

23 UST]

Multi.-Diplomatic Relations—Apr. 18, 1961

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 person as head of mission 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. Hembers 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

3233

TIAS 7502

3234 U.S. Treaties and Other International Agreements [23 UST

non grata or that any other member of the staff of the mission is not
acceptable. In any such case, the sending State shall, as appropriate,
either recall the person concerned or terminate his functions with the
mission. A person may be declared non grata or not acceptable before
arriving in the territory of the receiving State.

2. If the sending State refuses or fails within a reasonable period
to carry out its obligations under paragraph 1 of this Article, the
receiving State may refuse to recognize the person concerned as a member
of the mission.

Artiole 10

1. The Ministry for Foreign Affairs of the receiving State, or such
other ministry as may be agreed, shall be notified of:

(a) the appointment of members of the mission, their arrival and their
final departure or the termination of their functions with the
mission;

(b)

(a)

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;

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.

2. Where possible, prior notification of arrival and fina.

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

TIAS 7502