23 UST]

Multi.-Diplomatic Relations-Apr. 18, 1961

:

Article 38

1. Except insofar as 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 cf or permanently resident in the receiving State or a member of

TIAS 7502

3245

3246

U.S. Treaties and Other International Agreements

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 1 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,

TIAS 7502

[23 UST

23 UST]

Multi.-Diplomatic Relations-Apr. 18, 1961

whose presence in the territory of the third State is due to foroe
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 any 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.

Artiole 43

The function of a diplomatic agent comes to an end, inter aliat

() on notification by the sending State to the receiving State that
the function of the diplomatic agent has come to an end;

(b)

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.

TIAS 7502

3247

3248 U.S. Treaties and Other International Agreements

Article 44

The receiving State must, even in case of armed conflict, 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.

[23 UST

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 oustody of the premises of the
mission, together with its property and archives, to a third State
acceptable to the receiving State;

(a) 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.

TIAS 7502

23 UST]

Multi.-Diplomatic Relations-Apr. 18, 1961

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.

Artiole 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, [1] 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.

1TS 993; 59 Stat. 1055.

TIAS 7502

3249