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 1 For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to themi (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 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 (d) the "members of the diplomatic staff" are the members of the staff () a "diplomatic agent" is the head of the mission or a member of the (1) the "members of the administrative and technical staff" are the (g) the "members of the service staff" are the members of the staff of (1) a "private servant" is a person who is in the domestic service of a (1) the "premises of the mission" are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, Artiole 2 The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent. Article 1. The functions of a diplomatic mission consist inter alia ini (a) representing the sending State in the receiving State; 3231 TIAS 7502 3232 U.S. Treaties and Other International Agreements (b) protecting in the receiving State the interests of the sending (o) negotiating with the Government of the receiving States (d) ascertaining by all lawful means conditions and developments in () promoting friendly relations between the sending State and the 2. Nothing in the present Convention shall be construed as mission. [23 UST 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 accredit 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 2. TIAS 7502 1 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 2. If the sending State refuses or fails within a reasonable period Artiole 10 1. The Ministry for Foreign Affairs of the receiving State, or such (a) the appointment of members of the mission, their arrival and their (b) the arrival and final departure of a person belonging to the family () the arrival and final departure of private servants in the employ of (d) the engagement and discharge of persons resident in the receiving 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 |