BANGSAMORO JURIDICAL ENTITY

BANGSAMORO JURIDICAL ENTITY

The Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) herein referred to as the “Parties” to this Agreement.
Terms of Reference
The context of referents follows:
The Agreement for General Cessation of Hostilities dated July 18, 1997 Between the GRP and the MILF, and its Implementing Administrative and Operational Guidelines;
The General Framework of Agreement of Intent Between the GRP and the MILF dated August 27, 1998;
The Agreement on the General Framework for the Resumption of Peace Talks Between the GRP and the MILF dated March 24, 2001;
The Tripoli Agreement on Peace Between the GRP and the MILF dated June 22, 2001;
The Tripoli Agreement Between the GRP and the Moro National Liberation Front (MNLF) dated December 23, 1976 and the Final Agreement on the Implementation of the 1976 Tripoli Agreement Between the GRP and the MNLF dated September 2, 1996;
Republic Act No. 6734, as amended by R.A. 9054, otherwise known as “An Act to Strengthen and Expand the Autonomous Region in Muslim Mindanao (ARMM)”;
ILO Convention No. 169, in correlation to the UN Declaration on the Rights of the Indigenous Peoples, and Republic Act No. 8371 otherwise known as the Indigenous Peoples Rights Act of 1997, the UN Charter; the UN Universal Declaration on Human Rights, International Humanitarian Law (IHL), and internationally recognized human rights instruments; and
Compact rights entrenchment emanating from the regime of dar-ul-mua’hada (or territory under compact) and dar-ul-sulh (or territory under peace agreement) that partakes the nature of a treaty device. For the purpose of this Agreement, a “treaty” is defined as any solemn agreement in writing that sets out understanding, obligations, and benefits for both parties which provides for a framework that elaborates the principles declared in the Agreement.
Have agreed and acknowledged as follows:
CONCEPTS AND PRINCIPLES
1. It is the birthright of all Moros and all Indigenous peoples of Mindanao to identify themselves and be accepted as “Bangsamoros”. The Bangsamoro people refers to those who are natives or original inhabitants of Mindanao and its adjacent islands including Palawan and the Sulu archipelago at the time of conquest or colonization of its descendants whether mixed or of full blood. Spouses and their descendants are classified as Bangsamoro. The freedom of choice of the Indigenous people shall be respected.
2. It is essential to lay the foundation of the Bangsamoro homeland in order to address the Bangsamoro people’s humanitarian and economic needs as well as their political aspirations. Such territorial jurisdictions and geographic areas being the natural wealth and patrimony represent the social, cultural and political identity and pride of all the Bangsamoro people. Ownership of the homeland is vested exclusively in them by virtue of their prior rights of occupation that had inhered in them as sizeable bodies of people, delimited by their ancestors since time immemorial, and being the first politically organized dominant occupants.
3. Both Parties acknowledge that ancestral domain does not form part of the public domain but encompasses ancestral, communal, and customary lands, maritime, fluvial and alluvial domains as well all natural resources therein that have inured or vested ancestral rights on the basis of native title. Ancestral domain and ancestral land refer to those held under claim of ownership, occupied or possessed, by themselves or through the ancestors of the Bangsamoro people, communally or individually since time immemorial continuously to the present, except when prevented by war, civil disturbance, force majeure, or other forms of possible usurpation or displacement by force, deceit, stealth, or as a consequence of government project or any other voluntary dealings entered into by the government and private individuals, corporate entities or institutions.
4. Both Parties acknowledge that the right to self-governance of the Bangsamoro people is rooted on ancestral territoriality exercised originally under the suzerain authority of their sultanates and the Pat a Pangampong ku Ranaw. The Moro sultanates were states or karajaan/kadatuan resembling a body politic endowed with all the elements of nation-state in the modern sense. As a domestic community distinct from the rest of the national communities, they have a definite historic homeland. They are the “First Nation” with defined territory and with a system of government having entered into treaties of amity and commerce with foreign nations.
The Parties concede that the ultimate objective of entrenching the Bangsamoro homeland as a territorial space is to secure their identity and posterity, to protect their property rights and resources as well as to establish a system of governance suitable and acceptable to them as distinct dominant people.
5. Both Parties affirm their commitment to mutually respect the right to one’s identity and the parity of esteem of everyone in the political community. The protection of civil rights and religious liberties of individuals underlie the basis of peace and justice of their totality of relationships.
6. Both Parties agree that the Bangsamoro Juridical Entity (BJE) shall have the authority and jurisdiction over the Ancestral Domain and Ancestral lands, including both alienable and non-alienable lands encompassed within their homeland and ancestral history, as well as the delineation of ancestral domain/lands of the Bangsamoro people located therein.
7. Vested property rights upon the entrenchment of the BJE shall be recognized and respected subject to paragraph 9 of the strand on Resources.
TERRITORY
1. The Bangsamoro homeland and historic territory refer to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain, the atmospheric space above it, embracing the Mindanao-Sulu-Palawan geographic region. However, delimitations are contained in the agreed Schedules (Categories).
2. Toward this end, the Parties entered into the following stipulations:
a. The Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) as the Parties to this Agreement commit themselves to the full and mutual implementation of this framework agreement on territory with the aim of resolving outstanding issues that emanate from the consensus points on Ancestral Domain.
b. The Parties confirm their understanding that the mutual goal of reaching an agreement on Bangsamoro territory specific to mapping the outlying borders and the boundaries affecting local government units will lead to consolidation of the agreed texts on the Ancestral Domain Strands.
c. The Parties affirm that the core of the BJE shall constitute the present geographic area of the ARMM, including the municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte that voted for inclusion in the ARMM during the 2001 plebiscite;
d. Without derogating from the requirements of prior agreements, the government stipulates to conduct and deliver, within six (6) months following the signing of the Memorandum of Agreement on Ancestral Domain, a plebiscite covering the areas as enumerated in the list and depicted in the map as Category A attached herein (the “Annex”). The Annex constitutes an integral part of this framework agreement.
e. The areas covered by Category B has already been reflected on a map and officially agreed by both Parties.
f. Internal Waters:
The Bangsamoro Juridical Entity (BJE) shall have jurisdiction over the management, conservation, development, protection, utilization and disposition of all natural resources, living and non-living, within its internal waters extending fifteen (15) kilometers from the coastline of the BJE area.
g. Territorial Waters:
(1) The territorial waters of the BJE shall stretch beyond the BJE internal waters up to the Republic of the Philippines (RP) baselines south east and south west of mainland Mindanao. Beyond the fifteen (15) kilometers internal waters, the Central Government and the BJE shall exercise joint jurisdiction, authority and management over areas and [of] all natural resources, living and non-living contained therein. The details of such management of the Territorial Waters shall be provided in an agreement to be entered into by the Parties.
(2) The boundaries of the territorial waters shall stretch beyond the 15-km BJE internal waters up to the Central government’s baselines under existing laws. In the southern and eastern part of the BJE, it shall be demarcated by a line drawn from the Maguling Point, Palimbang, Province of Sultan Kudarat up to the straight baselines of the Philippines. On the northwestern part, it shall be demarcated by a line drawn from Little Sta. Cruz Island, Zamboanga City, up to Naris Point, Bataraza, Palawan. On the western part of Palawan, it shall be demarcated by a line drawn from the boundary of Bataraza and Rizal up to the straight baselines of the Philippines.
The final demarcation shall be determined by a joint technical body composed of duly-designated representatives of both Parties, in coordination with the appropriate Central Government agency in accordance with the above guidelines.
h. Sharing of Minerals on Territorial Waters:
Consistent with paragraphs 5 and 6 of the provisions on Resources, all potential sources of energy, petroleum in situ, hydrocarbon, natural gas and other minerals, including deposits or fields found within the territorial waters, shall be shared between the Central Government and the BJE in favor of the latter through production sharing agreement or economic cooperative agreement.
i. Activities Allowed on Territorial Waters:
(1) The Parties shall have authority to carry out the following activities within the territorial waters:
(a) Exploration and utilization of the natural resources, whether living or non-living within the territorial waters;
(b) Establishments and use of artificial islands, installations and structures;
(c) Marine scientific research;
(d) Protection and the preservation of the marine environment;
(e) Conservation of living resources;
(f) Regulation of shipping and fishing activities;
(g) Enforcement of police and safety measures, including interdiction of the entry and use of the waters by criminal elements and hot pursuit of suspected criminal elements;
(h) Regulation and control of contraband and illegal entry of prohibited materials and substances, including smuggling; and
(i) Such other measures as the Parties may otherwise mutually agree.
(2) Activities relating to exploration and utilization of non-living resources, as well as paragraphs (c) and (d) of the Authorized Activities will be carried out on a joint basis agreed by the Parties which may be in the form of production sharing agreements or joint development pacts.
j. Establishment of a Joint Commission:
(1) The Parties shall establish a Joint Commission, which shall elaborate the modalities for the implementation and the carrying out of the Authorized Activities and the measures adopted in cases of allegation of breach, and carry out any other functions which may be assigned to it by the Parties for the purpose of implementing the joint management of resources.
(2) The Joint Commission shall consist of one representative from each Party, who are assisted by advisers as may be needed. The conclusions of the Joint Commission shall be adopted by consensus and shall only be recommendatory in nature. Only when the conclusions of the Joint Commission are adopted by the Parties do they become binding on the Parties.
k. Demarcation and Status of Territorial Waters:
The demarcation and status of the BJE territorial waters shall be finally determined together with the demarcation and final status of Category B of the BJE.
3. From and after entrenchment of compact rights over the Bangsamoro homeland and the territorial jurisdictions for associative governance shall likewise embrace those under proclamation for agricultural and human settlements intended for the Bangsamoro people, all alienable and disposable land, pasture lands, timberlands together with all existing civil and military reservations, parks, old growth or natural forests declared as forest reserves, watersheds, mangroves, fishponds, wetlands, marshes, inland bodies of water and all bays, straits and channels found within the BJE.
4. All territorial and geographic areas in Mindanao and its adjacent islands including Palawan, and the Sulu archipelago that have been recognized, and/or delineated as ancestral domain and ancestral land of the Bangsamoro people as their geographic areas, inclusive of settlements and reservations, may be formed or constituted into political subdivisions of the Bangsamoro territorial jurisdictions subject to the principles of equality of peoples and mutual respect and to the protection of civil, political, economic, and cultural rights in their respective jurisdictions.
5. For purposes of territorial delimitation, the Parties have agreed to the joint determination of geographic areas encompassed within the territorial borders of the Bangsamoro homeland and territory based on the technical maps and data submitted by both sides as provided above.
RESOURCES
1. The Bangsamoro juridical entity is empowered with authority and responsibility for the land use, development, conservation and disposition of the natural resources within the homeland. Upon entrenchment of the Bangsamoro juridical entity, the land tenure and use of such resources and wealth must reinforce their economic self-sufficiency. Among the purposes or measures to make progress more rapid are:
a. Entry into joint development, utilization, and exploitation of natural resources designed as commons or shared resources, which is tied up to the full setting of appropriate institution, particularly affecting strategic minerals.
b. Stimulation of local economy by a range of mechanism, in particular the need to address unemployment and improvement of living conditions for the population in the Bangsamoro juridical entity;
c. Intensification of measures needed to uproot the cause of poverty in the Bangsamoro juridical entity through responsible harnessing and development of its natural resources; and
d. Undertaking program review of public services, industrial or trade-related and agrarian-related issues in situations of different sectors of the society in the Bangsamoro juridical entity, which acquire communal character deriving from the special nature of their industry.
2. The Bangsamoro People through their appropriate juridical entity shall, among others, exercise power or authority over the natural resources within its territorial jurisdiction:
a. To explore, exploit, use or utilize and develop their ancestral domain and ancestral lands within their territorial jurisdiction, inclusive of their right of occupation, possession, conservation, and exploitation of all natural resources found therein;
b. To conserve and protect the human and natural environment for their sustainable and beneficial enjoyment and their posterity;
c. To utilize, develop, and exploit its natural resources found in their ancestral domain or may enter into a joint development, utilization, and exploitation of natural resources, specifically on strategic minerals, designed as commons or shared resources, which is tied up to the final setting of appropriate institution.
d. To revoke or grant forest concessions, timber license, contracts or agreements in the utilization and exploitation of natural resources designated as commons or shared resources, mechanisms for economic cooperation with respect to strategic minerals, falling within the territorial jurisdiction of the Bangsamoro juridical entity;
e. To enact agrarian laws and programs suitable to the special circumstances of the Bangsamoro people prevailing in their ancestral lands within the established territorial boundaries of the Bangsamoro homeland and ancestral territory is within the competence of the Bangsamoro juridical entity; and
f. To use such natural resources and wealth to reinforce their economic self-sufficiency.
3. The Bangsamoro Juridical Entity, and the Central Government agree on wealth-sharing based on a mutually agreed percentage ratio in favor of the Bangsamoro juridical entity through an economic cooperation agreement or arrangement over the income and revenues that are derived from the exploration, exploitation, use and development of any resources for the benefit of the Bangsamoro people.
4. The Bangsamoro juridical entity is free to enter into any economic cooperation and trade relations with foreign countries: provided, however, that such relationships and understandings do not include aggression against the Government of the Republic of the Philippines; provided, further that it shall remain the duty and obligation of the Central Government to take charge of external defense. Without prejudice to the right of the Bangsamoro juridical entity to enter into agreement and environmental cooperation with any friendly country affecting its jurisdiction, it shall include:
a. the option to establish and open Bangsamoro trade missions in foreign countries with which it has economic cooperation agreements; and
b. the elements bearing in mind the mutual benefits derived from Philippine archipelagic status and security.
And, in furtherance thereto, the Central Government shall take necessary steps to ensure the Bangsamoro juridical entity’s participation in international meetings and events, e.g. ASEAN meetings and other specialized agencies of the United Nations. This shall entitle the said juridical entity participation in Philippine official missions and delegations that are engaged in the negotiation of border agreements or protocols for environmental protection, equitable sharing of incomes and revenues, in the areas of sea, seabed and inland seas or bodies of water adjacent to or between islands forming part of the ancestral domain, in addition to those of fishing rights.
5. Jurisdiction and control over, and the right of exploring for, exploiting, producing and obtaining all potential sources of energy, petroleum, in situ, fossil fuel, mineral oil and natural gas, whether onshore or offshore, is vested in the Bangsamoro juridical entity as the party having control within its territorial jurisdiction, provided that in times of national emergency, when public interest so requires, the Central Government may, during the emergency, for a fixed period and under reasonable terms as may be agreed by both Parties, temporarily assume or direct the operations of such strategic resources.
6. The Bangsamoro government-take or profit split from total production shall be shared with the Central Government on a percentage ratio of 75%/25% in favor of the Bangsamoro juridical entity. All royalties, bonuses, taxes, charges, custom duties or imposts on natural resources and mineral resources shall be shared by the Parties on a percentage ratio of 75%/25% in favor of the Bangsamoro juridical entity.
7. The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and propriety rights, customary land tenures, or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the GRP shall take effective measures of adequate reparation collectively beneficial to the Bangsamoro people, in such quality, quantity and status to be determined mutually by both Parties.
8. All proclamations, issuances, policies, rules and guidelines declaring old growth or natural forests and all watersheds within the BJE as forest reserves shall continue to remain in force until otherwise modified, revised or superseded by subsequent policies, rules and regulations issued by the competent Bangsamoro authority or juridical entity.
9. Forest concessions, timber licenses, contracts or agreements, mining concessions, Mineral Production and Sharing Agreements (MPSA), Industrial Forest Management Agreements (IFMA), and other land tenure instruments of any kind or nature whatsoever granted by the Philippine Government including those issued by the present Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, reviewed, modified and/or cancelled by the latter.
10. The Parties recognized an immediate need to establish a five-member Bangsamoro economic-expert mission (the “Mission”) bearing in mind that the functioning of the economy and the operation of institutions involve financial and other resource management as well as parallel or complementary means, by which the Bangsamoro Development Agency will manage and administer resources acquired for the above purposes, especially in coordinating strategies and programs for cooperation in all fields.
11. The said Mission acts as a link in the conduct of Bangsamoro juridical entity’s associative parallel relationships and shall cooperate fully with all organizations involved in implementation of the peace settlement. It shall launch a plan and joint international appeal for the repatriation and development of the conflict affected areas in Mindanao. Persons appointed thereto must be familiar with the specific economic, political and legal characteristics in the Mindanao-Sulu-Palawan region and must possess recognized competence, integrity, and high moral standing.
12. Cognizant that the Bangsamoro economic-expert Mission will benefit from international expertise, both the Central Government and the BJE hereby join the Third Party facilitator in inviting international funding institutions or equivalent entities for reconstruction and development to appoint two members and to designate one as the Chairman. The BJE shall designate one member as Co-Chairman. The remaining two members shall each be designated by the Central Government and the BJE.
GOVERNANCE
1. The recognition and peaceful resolution of the conflict must involve consultations with the Bangsamoro people free of any imposition in order to provide chances of success and open new formulas that permanently respond to the aspirations of the Bangsamoro people.
1. The ultimate objective of entrenching the Bangsamoro homeland as a territorial space is to secure their identity and posterity, to protect their property rights and resources as well as to establish a system of governance suitable and acceptable to them as a distinct dominant people. The parties respect the freedom of choice of the indigenous peoples.
3. The Parties agree to invite a multinational third-party to observe and monitor the actual implementation of the comprehensive compact which will embody the details for the effective enforcement of this Agreement. The participation of the third-party shall not in any way affect the status of the relationship between the Central Government and the BJE.
4. The relationship between the Central Government and the Bangsamoro juridical entity shall be associative characterized by shared authority and responsibility with a structure of governance based on executive, legislative, judicial and administrative institutions with defined powers and functions in the comprehensive compact. A period of transition shall be established in a comprehensive peace compact specifying the relationship between the Central Government and the BJE.
5. The modalities for the governance intended to settle the outstanding negotiated political issues are deferred after the signing of the Memorandum of Agreement on Ancestral Domain.
The establishment of institutions for governance in a comprehensive peace compact, together with its modalities during the transition period, shall be fully entrenched and established in the basic law of the Bangsamoro juridical entity. The Parties shall faithfully comply with their commitment to the associative arrangements upon entry into force of a comprehensive compact between the MILF and GRP.
7. The Parties agree that the mechanisms and modalities for the actual implementation of this MOA AD shall be spelt out in the comprehensive compact to mutually take such steps to enable it to occur effectively.
Any provisions of the MOA on Ancestral Domain requiring amendments to the existing legal framework shall come into force upon signing of a comprehensive compact and upon effecting the necessary changes to the legal framework with due regard to non derogation of prior agreements and within the stipulated timeframe to be contained in the comprehensive compact.
8. The parties agree that the BJE shall be empowered to build, develop and maintain its own institutions, inclusive of, civil service, electoral, financial and banking, education, legislation, legal, economic, and police and internal security force, judicial system and correctional institutions, necessary for developing a progressive Bangsamoro society the details of which shall be discussed in the negotiation of the comprehensive compact.
9. The Parties further agree to undertake activities which will enhance the capacity of the government institutions during the transition through technical assistance, information-sharing and human resource development.
10. Matters concerning the details of the agreed consensus points on Governance not covered under this Agreement shall be deferred to, and discussed during, the negotiations of the comprehensive compact.

Vienna Convention on the Law of Treaties

Vienna Convention on the Law of Treaties
1969
Done at Vienna on 23 May 1969. Entered into force on 27 January 1980.
United Nations, Treaty Series, vol. 1155, p. 331
Copyright © United Nations
2005
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Vienna Convention on the Law of Treaties
Done at Vienna on 23 May 1969
The States Parties to the present Convention,
Considering the fundamental role of treaties in the history of international relations,
Recognizing the ever-increasing importance of treaties as a source of international law and as a
means of developing peaceful cooperation among nations, whatever their constitutional and social
systems,
Noting that the principles of free consent and of good faith and the pacta sunt servanda rule are
universally recognized,
Affirming that disputes concerning treaties, like other international disputes, should be settled by
peaceful means and in conformity with the principles of justice and international law,
Recalling the determination of the peoples of the United Nations to establish conditions under
which justice and respect for the obligations arising from treaties can be maintained,
Having in mind the principles of international law embodied in the Charter of the United Nations,
such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and
independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the
threat or use of force and of universal respect for, and observance of, human rights and fundamental
freedoms for all,
Believing that the codification and progressive development of the law of treaties achieved in the
present Convention will promote the purposes of the United Nations set forth in the Charter, namely, the
maintenance of international peace and security, the development of friendly relations and the
achievement of cooperation among nations,
Affirming that the rules of customary international law will continue to govern questions not
regulated by the provisions of the present Convention,
Have agreed as follows:
PART I.
INTRODUCTION
Article 1
Scope of the present Convention
The present Convention applies to treaties between States.
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Article 2
Use of terms
1.For the purposes of the present Convention:
(a) “treaty” means an international agreement concluded between States in written form and governed
by international law, whether embodied in a single instrument or in two or more related instruments and
whatever its particular designation;
(b) “ratification”, “acceptance”, “approval” and “accession” mean in each case the international act
so named whereby a State establishes on the international plane its consent to be bound by a treaty;
(c) “full powers” means a document emanating from the competent authority of a State designating a
person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty,
for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with
respect to a treaty;
(d) “reservation” means a unilateral statement, however phrased or named, made by a State, when
signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to
modify the legal effect of certain provisions of the treaty in their application to that State;
(e) “negotiating State” means a State which took part in the drawing up and adoption of the text of
the treaty;
(f) “contracting State” means a State which has consented to be bound by the treaty, whether or not
the treaty has entered into force;
(g) “party” means a State which has consented to be bound by the treaty and for which the treaty is in
force;
(h) “third State” means a State not a party to the treaty;
(i) “international organization” means an intergovernmental organization.
2.The provisions of paragraph 1 regarding the use of terms in the present Convention are without
prejudice to the use of those terms or to the meanings which may be given to them in the internal law of
any State.
Article 3
International agreements not within the scope
of the present Convention
The fact that the present Convention does not apply to international agreements concluded
between States and other subjects of international law or between such other subjects of international
law, or to international agreements not in written form, shall not affect:
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(a) the legal force of such agreements;
(b) the application to them of any of the rules set forth in the present Convention to which they would
be subject under international law independently of the Convention;
(c) the application of the Convention to the relations of States as between themselves under
international agreements to which other subjects of international law are also parties.
Article 4
Non-retroactivity of the present Convention
Without prejudice to the application of any rules set forth in the present Convention to which
treaties would be subject under international law independently of the Convention, the Convention
applies only to treaties which are concluded by States after the entry into force of the present
Convention with regard to such States.
Article 5
Treaties constituting international organizations and treaties
adopted within an international organization
The present Convention applies to any treaty which is the constituent instrument of an
international organization and to any treaty adopted within an international organization without
prejudice to any relevant rules of the organization.
PART II.
CONCLUSION AND ENTRY INTO FORCE OF TREATIES
SECTION 1. CONCLUSION OF TREATIES
Article 6
Capacity of States to conclude treaties
Every State possesses capacity to conclude treaties.
Article 7
Full powers
1.A person is considered as representing a State for the purpose of adopting or authenticating the
text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:
(a) he produces appropriate full powers; or
(b) it appears from the practice of the States concerned or from other circumstances that their
intention was to consider that person as representing the State for such purposes and to dispense with
full powers.
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2. In virtue of their functions and without having to produce full powers, the following are
considered as representing their State:
(a) Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of
performing all acts relating to the conclusion of a treaty;
(b) heads of diplomatic missions, for the purpose of adopting the text of a treaty between the
accrediting State and the State to which they are accredited;
(c) representatives accredited by States to an international conference or to an international
organization or one of its organs, for the purpose of adopting the text of a treaty in that conference,
organization or organ.
Article 8
Subsequent confirmation of an act performed
without authorization
An act relating to the conclusion of a treaty performed by a person who cannot be considered
under article 7 as authorized to represent a State for that purpose is without legal effect unless
afterwards confirmed by that State.
Article 9
Adoption of the text
1.The adoption of the text of a treaty takes place by the consent of all the States participating in
its drawing up except as provided in paragraph 2.
2.The adoption of the text of a treaty at an international conference takes place by the vote of two
thirds of the States present and voting, unless by the same majority they shall decide to apply a different
rule.
Article 10
Authentication of the text
The text of a treaty is established as authentic and definitive:
(a) by such procedure as may be provided for in the text or agreed upon by the States participating in
its drawing up; or
(b) failing such procedure, by the signature, signature ad referendum or initialling by the
representatives of those States of the text of the treaty or of the Final Act of a conference incorporating
the text.
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Article 11
Means of expressing consent to be bound by a treaty
The consent of a State to be bound by a treaty may be expressed by signature, exchange of
instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means
if so agreed.
Article 12
Consent to be bound by a treaty expressed by signature
1.The consent of a State to be bound by a treaty is expressed by the signature of its representative
when:
(a) the treaty provides that signature shall have that effect;
(b) it is otherwise established that the negotiating States were agreed that signature should have that
effect; or
(c) the intention of the State to give that effect to the signature appears from the full powers of its
representative or was expressed during the negotiation.
2.For the purposes of paragraph 1:
(a) the initialling of a text constitutes a signature of the treaty when it is established that the
negotiating States so agreed;
(b) the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a
full signature of the treaty.
Article 13
Consent to be bound by a treaty expressed by an
exchange of instruments constituting a treaty
The consent of States to be bound by a treaty constituted by instruments exchanged between them
is expressed by that exchange when:
(a) the instruments provide that their exchange shall have that effect; or
(b) it is otherwise established that those States were agreed that the exchange of instruments should
have that effect.
Article 14
Consent to be bound by a treaty expressed by ratification,
acceptance or approval
1.The consent of a State to be bound by a treaty is expressed by ratification when:
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(a) the treaty provides for such consent to be expressed by means of ratification;
(b) it is otherwise established that the negotiating States were agreed that ratification should be
required;
(c) the representative of the State has signed the treaty subject to ratification; or
(d) the intention of the State to sign the treaty subject to ratification appears from the full powers of
its representative or was expressed during the negotiation.
2.The consent of a State to be bound by a treaty is expressed by acceptance or approval under
conditions similar to those which apply to ratification.
Article 15
Consent to be bound by a treaty expressed by accession
The consent of a State to be bound by a treaty is expressed by accession when:
(a) the treaty provides that such consent may be expressed by that State by means of accession;
(b) it is otherwise established that the negotiating States were agreed that such consent may be
expressed by that State by means of accession; or
(c) all the parties have subsequently agreed that such consent may be expressed by that State by
means of accession.
Article 16
Exchange or deposit of instruments of ratification,
acceptance, approval or accession
Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or
accession establish the consent of a State to be bound by a treaty upon:
(a) their exchange between the contracting States;
(b) their deposit with the depositary; or
(c) their notification to the contracting States or to the depositary, if so agreed.
Article 17
Consent to be bound by part of a treaty and
choice of differing provisions
1.Without prejudice to articles 19 to 23, the consent of a State to be bound by part of a treaty is
effective only if the treaty so permits or the other contracting States so agree.
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2.The consent of a State to be bound by a treaty which permits a choice between differing
provisions is effective only if it is made clear to which of the provisions the consent relates.
Article 18
Obligation not to defeat the object and purpose
of a treaty prior to its entry into force
A State is obliged to refrain from acts which would defeat the object and purpose of a treaty
when:
(a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification,
acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or
(b) it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty
and provided that such entry into force is not unduly delayed.
SECTION 2. RESERVATIONS
Article 19
Formulation of reservations
A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a
reservation unless:
(a) the reservation is prohibited by the treaty;
(b) the treaty provides that only specified reservations, which do not include the reservation in
question, may be made; or
(c) in cases not failing under subparagraphs (a) and (b), the reservation is incompatible with the
object and purpose of the treaty.
Article 20
Acceptance of and objection to reservations
1.A reservation expressly authorized by a treaty does not require any subsequent acceptance by
the other contracting States unless the treaty so provides.
2.When it appears from the limited number of the negotiating States and the object and purpose
of a treaty that the application of the treaty in its entirety between all the parties is an essential condition
of the consent of each one to be bound by the treaty, a reservation requires acceptance by all the parties.
3.When a treaty is a constituent instrument of an international organization and unless it
otherwise provides, a reservation requires the acceptance of the competent organ of that organization.
4. In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:
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(a) acceptance by another contracting State of a reservation constitutes the reserving State a party to
the treaty in relation to that other State if or when the treaty is in force for those States;
(b) an objection by another contracting State to a reservation does not preclude the entry into force of
the treaty as between the objecting and reserving States unless a contrary intention is definitely
expressed by the objecting State;
(c) an act expressing a State’s consent to be bound by the treaty and containing a reservation is
effective as soon as at least one other contracting State has accepted the reservation.
5.For the purposes of paragraphs 2 and 4 and unless the treaty otherwise provides, a reservation is
considered to have been accepted by a State if it shall have raised no objection to the reservation by the
end of a period of twelve months after it was notified of the reservation or by the date on which it
expressed its consent to be bound by the treaty, whichever is later.
Article 21
Legal elects of reservations and of objections to reservations
1.A reservation established with regard to another party in accordance with articles 19, 20 and 23:
(a) modifies for the reserving State in its relations with that other party the provisions of the treaty to
which the reservation relates to the extent of the reservation; and
(b) modifies those provisions to the same extent for that other party in its relations with the reserving
State.
2.The reservation does not modify the provisions of the treaty for the other parties to the treaty
inter se.
3.When a State objecting to a reservation has not opposed the entry into force of the treaty
between itself and the reserving State, the provisions to which the reservation relates do not apply as
between the two States to the extent of the reservation.
Article 22
Withdrawal of reservations and of
objections to reservations
1.Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the
consent of a State which has accepted the reservation is not required for its withdrawal.
2.Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any
time.
3.Unless the treaty otherwise provides, or it is otherwise agreed:
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(a) the withdrawal of a reservation becomes operative in relation to another contracting State only
when notice of it has been received by that State;
(b) the withdrawal of an objection to a reservation becomes operative only when notice of it has been
received by the State which formulated the reservation.
Article 23
Procedure regarding reservations
1.A reservation, an express acceptance of a reservation and an objection to a reservation must be
formulated in writing and communicated to the contracting States and other States entitled to become
parties to the treaty.
2. If formulated when signing the treaty subject to ratification, acceptance or approval, a
reservation must be formally confirmed by the reserving State when expressing its consent to be bound
by the treaty. In such a case the reservation shall be considered as having been made on the date of its
confirmation.
3.An express acceptance of, or an objection to, a reservation made previously to confirmation of
the reservation does not itself require confirmation.
4.The withdrawal of a reservation or of an objection to a reservation must be formulated in
writing.
SECTION 3. ENTRY INTO FORCE AND PROVISIONAL,
APPLICATION OF TREATIES
Article 24
Entry into force
1.A treaty enters into force in such manner and upon such date as it may provide or as the
negotiating States may agree.
2.Failing any such provision or agreement, a treaty enters into force as soon as consent to be
bound by the treaty has been established for all the negotiating States.
3.When the consent of a State to be bound by a treaty is established on a date after the treaty has
come into force, the treaty enters into force for that State on that date, unless the treaty otherwise
provides.
4.The provisions of a treaty regulating the authentication of its text, the establishment of the
consent of States to be bound by the treaty, the manner or date of its entry into force, reservations, the
functions of the depositary and other matters arising necessarily before the entry into force of the treaty
apply from the time of the adoption of its text.
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Article 25
Provisional application
1.A treaty or a part of a treaty is applied provisionally pending its entry into force if:
(a) the treaty itself so provides; or
(b) the negotiating States have in some other manner so agreed.
2.Unless the treaty otherwise provides or the negotiating States have otherwise agreed, the
provisional application of a treaty or a part of a treaty with respect to a State shall be terminated if that
State notifies the other States between which the treaty is being applied provisionally of its intention not
to become a party to the treaty.
PART III.
OBSERVANCE, APPLICATION AND
INTERPRETATION OF TREATIES
SECTION 1. OBSERVANCE OF TREATIES
Article 26
“Pacta sunt servanda”
Every treaty in force is binding upon the parties to it and must be performed by them in good
faith.
Article 27
Internal law and observance of treaties
A party may not invoke the provisions of its internal law as justification for its failure to perform
a treaty. This rule is without prejudice to article 46.
SECTION 2. APPLICATION OF TREATIES
Article 28
Non-retroactivity of treaties
Unless a different intention appears from the treaty or is otherwise established, its provisions do
not bind a party in relation to any act or fact which took place or any situation which ceased to exist
before the date of the entry into force of the treaty with respect to that party.
Article 29
Territorial scope of treaties
Unless a different intention appears from the treaty or is otherwise established, a treaty is binding
upon each party in respect of its entire territory.
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Article 30
Application of successive treaties relating to
the same subject matter
1.Subject to Article 103 of the Charter of the United Nations, the rights and obligations of States
Parties to successive treaties relating to the same subject matter shall be determined in accordance with
the following paragraphs.
2.When a treaty specifies that it is subject to, or that it is not to be considered as incompatible
with, an earlier or later treaty, the provisions of that other treaty prevail.
3.When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty
is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent
that its provisions are compatible with those of the later treaty.
4.When the parties to the later treaty do not include all the parties to the earlier one:
(a) as between States Parties to both treaties the same rule applies as in paragraph 3;
(b) as between a State party to both treaties and a State party to only one of the treaties, the treaty to
which both States are parties governs their mutual rights and obligations.
5.Paragraph 4 is without prejudice to article 41, or to any question of the termination or
suspension of the operation of a treaty under article 60 or to any question of responsibility which may
arise for a State from the conclusion or application of a treaty the provisions of which are incompatible
with its obligations towards another State under another treaty.
SECTION 3. INTERPRETATION OF TREATIES
Article 31
General rule of interpretation
1.A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given
to the terms of the treaty in their context and in the light of its object and purpose.
2.The context for the purpose of the interpretation of a treaty shall comprise, in addition to the
text, including its preamble and annexes:
(a) any agreement relating to the treaty which was made between all the parties in connection with
the conclusion of the treaty;
(b) any instrument which was made by one or more parties in connection with the conclusion of the
treaty and accepted by the other parties as an instrument related to the treaty.
3.There shall be taken into account, together with the context:
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(a) any subsequent agreement between the parties regarding the interpretation of the treaty or the
application of its provisions;
(b) any subsequent practice in the application of the treaty which establishes the agreement of the
parties regarding its interpretation;
(c) any relevant rules of international law applicable in the relations between the parties.
4.A special meaning shall be given to a term if it is established that the parties so intended.
Article 32
Supplementary means of interpretation
Recourse may be had to supplementary means of interpretation, including the preparatory work of
the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the
application of article 31, or to determine the meaning when the interpretation according to article 31:
(a) leaves the meaning ambiguous or obscure; or
(b) leads to a result which is manifestly absurd or unreasonable.
Article 33
Interpretation of treaties authenticated in two or more languages
1.When a treaty has been authenticated in two or more languages, the text is equally authoritative
in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular
text shall prevail.
2.A version of the treaty in a language other than one of those in which the text was authenticated
shall be considered an authentic text only if the treaty so provides or the parties so agree.
3.The terms of the treaty are presumed to have the same meaning in each authentic text.
4.Except where a particular text prevails in accordance with paragraph 1, when a comparison of
the authentic texts discloses a difference of meaning which the application of articles 31 and 32 does not
remove, the meaning which best reconciles the texts, having regard to the object and purpose of the
treaty, shall be adopted.
SECTION 4. TREATIES AND THIRD STATES
Article 34
General rule regarding third States
A treaty does not create either obligations or rights for a third State without its consent.
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Article 35
Treaties providing for obligations for third States
An obligation arises for a third State from a provision of a treaty if the parties to the treaty intend
the provision to be the means of establishing the obligation and the third State expressly accepts that
obligation in writing.
Article 36
Treaties providing for rights for third States
1.A right arises for a third State from a provision of a treaty if the parties to the treaty intend the
provision to accord that right either to the third State, or to a group of States to which it belongs, or to
all States, and the third State assents thereto. Its assent shall be presumed so long as the contrary is not
indicated, unless the treaty otherwise provides.
2.A State exercising a right in accordance with paragraph 1 shall comply with the conditions for
its exercise provided for in the treaty or established in conformity with the treaty.
Article 37
Revocation or modification of obligations or
rights of third States
1.When an obligation has arisen for a third State in conformity with article 35, the obligation may
be revoked or modified only with the consent of the parties to the treaty and of the third State, unless it
is established that they had otherwise agreed.
2.When a right has arisen for a third State in conformity with article 36, the right may not be
revoked or modified by the parties if it is established that the right was intended not to be revocable or
subject to modification without the consent of the third State.
Article 38
Rules in a treaty becoming binding on third States
through international custom
Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming binding upon a
third State as a customary rule of international law, recognized as such.
PART IV.
AMENDMENT AND
MODIFICATION OF TREATIES
Article 39
General rule regarding the amendment of treaties
A treaty may be amended by agreement between the parties. The rules laid down in Part II apply
to such an agreement except insofar as the treaty may otherwise provide.
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Article 40
Amendment of multilateral treaties
1.Unless the treaty otherwise provides, the amendment of multilateral treaties shall be governed
by the following paragraphs.
2.Any proposal to amend a multilateral treaty as between all the parties must be notified to all the
contracting States, each one of which shall have the right to take part in:
(a) the decision as to the action to be taken in regard to such proposal;
(b) the negotiation and conclusion of any agreement for the amendment of the treaty.
3.Every State entitled to become a party to the treaty shall also be entitled to become a party to
the treaty as amended.
4.The amending agreement does not bind any State already a party to the treaty which does not
become a party to the amending agreement; article 30, paragraph 4 (b), applies in relation to such State.
5.Any State which becomes a party to the treaty after the entry into force of the amending
agreement shall, failing an expression of a different intention by that State:
(a) be considered as a party to the treaty as amended; and
(b) be considered as a party to the unamended treaty in relation to any party to the treaty not bound
by the amending agreement.
Article 41
Agreements to modify multilateral treaties between
certain of the parties only
1.Two or more of the parties to a multilateral treaty may conclude an agreement to modify the
treaty as between themselves alone if:
(a) the possibility of such a modification is provided for by the treaty; or
(b) the modification in question is not prohibited by the treaty and:
(i) does not affect the enjoyment by the other parties of their rights under the treaty or the
performance of their obligations;
(ii) does not relate to a provision, derogation from which is incompatible with the effective
execution of the object and purpose of the treaty as a whole.
2.Unless in a case falling under paragraph 1 (a) the treaty otherwise provides, the parties in
question shall notify the other parties of their intention to conclude the agreement and of the
modification to the treaty for which it provides.
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PART V.
INVALIDITY, TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES
SECTION 1. GENERAL PROVISIONS
Article 42
Validity and continuance in force of treaties
1.The validity of a treaty or of the consent of a State to be bound by a treaty may be impeached
only through the application of the present Convention.
2.The termination of a treaty, its denunciation or the withdrawal of a party, may take place only as
a result of the application of the provisions of the treaty or of the present Convention. The same rule
applies to suspension of the operation of a treaty.
Article 43
Obligations imposed by international law
independently of a treaty
The invalidity, termination or denunciation of a treaty, the withdrawal of a party from it, or the
suspension of its operation, as a result of the application of the present Convention or of the provisions
of the treaty, shall not in any way impair the duty of any State to fulfil any obligation embodied in the
treaty to which it would be subject under international law independently of the treaty.
Article 44
Separability of treaty provisions
1.A right of a party, provided for in a treaty or arising under article 56, to denounce, withdraw
from or suspend the operation of the treaty may be exercised only with respect to the whole treaty unless
the treaty otherwise provides or the parties otherwise agree.
2.A ground for invalidating, terminating, withdrawing from or suspending the operation of a
treaty recognized in the present Convention may be invoked only with respect to the whole treaty except
as provided in the following paragraphs or in article 60.
3. If the ground relates solely to particular clauses, it may be invoked only with respect to those
clauses where:
(a) the said clauses are separable from the remainder of the treaty with regard to their application;
(b) it appears from the treaty or is otherwise established that acceptance of those clauses was not an
essential basis of the consent of the other party or parties to be bound by the treaty as a whole; and
(c) continued performance of the remainder of the treaty would not be unjust.
4. In cases falling under articles 49 and 50, the State entitled to invoke the fraud or corruption may
do so with respect either to the whole treaty or, subject to paragraph 3, to the particular clauses alone.
17
5. In cases falling under articles 51, 52 and 53, no separation of the provisions of the treaty is
permitted.
Article 45
Loss of a right to invoke a ground for invalidating, terminating,
withdrawing from or suspending the operation of a treaty
A State may no longer invoke a ground for invalidating, terminating, withdrawing from or
suspending the operation of a treaty under articles 46 to 50 or articles 60 and 62 if, after becoming aware
of the facts:
(a) it shall have expressly agreed that the treaty is valid or remains in force or continues in operation,
as the case may be; or
(b) it must by reason of its conduct be considered as having acquiesced in the validity of the treaty or
in its maintenance in force or in operation, as the case may be.
SECTION 2. INVALIDITY OF TREATIES
Article 46
Provisions of internal law regarding competence
to conclude treaties
1.A State may not invoke the fact that its consent to be bound by a treaty has been expressed in
violation of a provision of its internal law regarding competence to conclude treaties as invalidating its
consent unless that violation was manifest and concerned a rule of its internal law of fundamental
importance.
2.A violation is manifest if it would be objectively evident to any State conducting itself in the
matter in accordance with normal practice and in good faith.
Article 47
Specific restrictions on authority to express
the consent of a State
If the authority of a representative to express the consent of a State to be bound by a particular
treaty has been made subject to a specific restriction, his omission to observe that restriction may not be
invoked as invalidating the consent expressed by him unless the restriction was notified to the other
negotiating States prior to his expressing such consent.
Article 48
Error
1.A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if
the error relates to a fact or situation which was assumed by that State to exist at the time when the
treaty was concluded and formed an essential basis of its consent to be bound by the treaty.
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2.Paragraph 1 shall not apply if the State in question contributed by its own conduct to the error
or if the circumstances were such as to put that State on notice of a possible error.
3.An error relating only to the wording of the text of a treaty does not affect its validity; article 79
then applies.
Article 49
Fraud
If a State has been induced to conclude a treaty by the fraudulent conduct of another negotiating
State, the State may invoke the fraud as invalidating its consent to be bound by the treaty.
Article 50
Corruption of a representative of a State
If the expression of a State’s consent to be bound by a treaty has been procured through the
corruption of its representative directly or indirectly by another negotiating State, the State may invoke
such corruption as invalidating its consent to be bound by the treaty.
Article 51
Coercion of a representative of a State
The expression of a State’s consent to be bound by a treaty which has been procured by the
coercion of its representative through acts or threats directed against him shall be without any legal
effect.
Article 52
Coercion of a State by the threat or use of force
A treaty is void if its conclusion has been procured by the threat or use of force in violation of the
principles of international law embodied in the Charter of the United Nations.
Article 53
Treaties conflicting with a peremptory norm of
general international law (“jus cogens”)
A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general
international law. For the purposes of the present Convention, a peremptory norm of general
international law is a norm accepted and recognized by the international community of States as a whole
as a norm from which no derogation is permitted and which can be modified only by a subsequent norm
of general international law having the same character.
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SECTION 3. TERMINATION AND SUSPENSION
OF THE OPERATION OF TREATIES
Article 54
Termination of or withdrawal from a treaty under
its provisions or by consent of the parties
The termination of a treaty or the withdrawal of a party may take place:
(a) in conformity with the provisions of the treaty; or
(b) at any time by consent of all the parties after consultation with the other contracting States.
Article 55
Reduction of the parties to a multilateral treaty below the
number necessary for its entry into force
Unless the treaty otherwise provides, a multilateral treaty does not terminate by reason only of the
fact that the number of the parties falls below the number necessary for its entry into force.
Article 56
Denunciation of or withdrawal from a treaty containing no
provision regarding termination, denunciation or withdrawal
1.A treaty which contains no provision regarding its termination and which does not provide for
denunciation or withdrawal is not subject to denunciation or withdrawal unless:
(a) it is established that the parties intended to admit the possibility of denunciation or withdrawal; or
(b) a right of denunciation or withdrawal may be implied by the nature of the treaty.
2.A party shall give not less than twelve months’ notice of its intention to denounce or withdraw
from a treaty under paragraph 1.
Article 57
Suspension of the operation of a treaty under its
provisions or by consent of the parties
The operation of a treaty in regard to all the parties or to a particular party may be suspended:
(a) in conformity with the provisions of the treaty; or
(b) at any time by consent of all the parties after consultation with the other contracting States.
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Article 58
Suspension of the operation of a multilateral treaty by
agreement between certain of the parties only
1.Two or more parties to a multilateral treaty may conclude an agreement to suspend the
operation of provisions of the treaty, temporarily and as between themselves alone, if:
(a) the possibility of such a suspension is provided for by the treaty; or
(b) the suspension in question is not prohibited by the treaty and:
(i) does not affect the enjoyment by the other parties of their rights under the treaty or the
performance of their obligations;
(ii) is not incompatible with the object and purpose of the treaty.
2.Unless in a case falling under paragraph 1 (a) the treaty otherwise provides, the parties in
question shall notify the other parties of their intention to conclude the agreement and of those
provisions of the treaty the operation of which they intend to suspend.
Article 59
Termination or suspension of the operation of a treaty
implied by conclusion of a later treaty
1.A treaty shall be considered as terminated if all the parties to it conclude a later treaty relating
to the same subject matter and:
(a) it appears from the later treaty or is otherwise established that the parties intended that the matter
should be governed by that treaty; or
(b) the provisions of the later treaty are so far incompatible with those of the earlier one that the two
treaties are not capable of being applied at the same time.
2.The earlier treaty shall be considered as only suspended in operation if it appears from the later
treaty or is otherwise established that such was the intention of the parties.
Article 60
Termination or suspension of the operation of a treaty
as a consequence of its breach
1.A material breach of a bilateral treaty by one of the parties entitles the other to invoke the
breach as a ground for terminating the treaty or suspending its operation in whole or in part.
2.A material breach of a multilateral treaty by one of the parties entitles:
(a) the other parties by unanimous agreement to suspend the operation of the treaty in whole or in
part or to terminate it either:
21
(i) in the relations between themselves and the defaulting State; or
(ii) as between all the parties;
(b) a party specially affected by the breach to invoke it as a ground for suspending the operation of
the treaty in whole or in part in the relations between itself and the defaulting State;
(c) any party other than the defaulting State to invoke the breach as a ground for suspending the
operation of the treaty in whole or in part with respect to itself if the treaty is of such a character that a
material breach of its provisions by one party radically changes the position of every party with respect
to the further performance of its obligations under the treaty.
3.A material breach of a treaty, for the purposes of this article, consists in:
(a) a repudiation of the treaty not sanctioned by the present Convention; or
(b) the violation of a provision essential to the accomplishment of the object or purpose of the treaty.
4.The foregoing paragraphs are without prejudice to any provision in the treaty applicable in the
event of a breach.
5.Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human person
contained in treaties of a humanitarian character, in particular to provisions prohibiting any form of
reprisals against persons protected by such treaties.
Article 61
Supervening impossibility of performance
1.A party may invoke the impossibility of performing a treaty as a ground for terminating or
withdrawing from it if the impossibility results from the permanent disappearance or destruction of an
object indispensable for the execution of the treaty. If the impossibility is temporary, it may be invoked
only as a ground for suspending the operation of the treaty.
2. Impossibility of performance may not be invoked by a party as a ground for terminating,
withdrawing from or suspending the operation of a treaty if the impossibility is the result of a breach by
that party either of an obligation under the treaty or of any other international obligation owed to any
other party to the treaty.
Article 62
Fundamental change of circumstances
1.A fundamental change of circumstances which has occurred with regard to those existing at the
time of the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a
ground for terminating or withdrawing from the treaty unless:
(a) the existence of those circumstances constituted an essential basis of the consent of the parties to
be bound by the treaty; and
22
(b) the effect of the change is radically to transform the extent of obligations still to be performed
under the treaty.
2.A fundamental change of circumstances may not be invoked as a ground for terminating or
withdrawing from a treaty:
(a) if the treaty establishes a boundary; or
(b) if the fundamental change is the result of a breach by the party invoking it either of an obligation
under the treaty or of any other international obligation owed to any other party to the treaty.
3. If, under the foregoing paragraphs, a party may invoke a fundamental change of circumstances
as a ground for terminating or withdrawing from a treaty it may also invoke the change as a ground for
suspending the operation of the treaty.
Article 63
Severance of diplomatic or consular relations
The severance of diplomatic or consular relations between parties to a treaty does not affect the
legal relations established between them by the treaty except insofar as the existence of diplomatic or
consular relations is indispensable for the application of the treaty.
Article 64
Emergence of a new peremptory norm of general
international law (“jus cogens”)
If a new peremptory norm of general international law emerges, any existing treaty which is in
conflict with that norm becomes void and terminates.
SECTION 4. PROCEDURE
Article 65
Procedure to be followed with respect to invalidity,
termination, withdrawal from or suspension of the
operation of a treaty
1.A party which, under the provisions of the present Convention, invokes either a defect in its
consent to be bound by a treaty or a ground for impeaching the validity of a treaty, terminating it,
withdrawing from it or suspending its operation, must notify the other parties of its claim. The
notification shall indicate the measure proposed to be taken with respect to the treaty and the reasons
therefor.
2. If, after the expiry of a period which, except in cases of special urgency, shall not be less than
three months after the receipt of the notification, no party has raised any objection, the party making the
notification may carry out in the manner provided in article 67 the measure which it has proposed.
23
3. If, however, objection has been raised by any other party, the parties shall seek a solution
through the means indicated in Article 33 of the Charter of the United Nations.
4.Nothing in the foregoing paragraphs shall affect the rights or obligations of the parties under
any provisions in force binding the parties with regard to the settlement of disputes.
5.Without prejudice to article 45, the fact that a State has not previously made the notification
prescribed in paragraph 1 shall not prevent it from making such notification in answer to another party
claiming performance of the treaty or alleging its violation.
Article 66
Procedures for judicial settlement, arbitration and conciliation
If, under paragraph 3 of article 65, no solution has been reached within a period of 12 months
following the date on which the objection was raised, the following procedures shall be followed:
(a) any one of the parties to a dispute concerning the application or the interpretation of article 53 or
64 may, by a written application, submit it to the International Court of Justice for a decision unless the
parties by common consent agree to submit the dispute to arbitration;
(b) any one of the parties to a dispute concerning the application or the interpretation of any of the
other articles in part V of the present Convention may set in motion the procedure specified in the
Annex to the Convention by submitting a request to that effect to the Secretary-General of the United
Nations.
Article 67
Instruments for declaring invalid, terminating, withdrawing
from or suspending the operation of a treaty
1.The notification provided for under article 65, paragraph 1, must be made in writing.
2.Any act of declaring invalid, terminating, withdrawing from or suspending the operation of a
treaty pursuant to the provisions of the treaty or of paragraphs 2 or 3 of article 65 shall be carried out
through an instrument communicated to the other parties. If the instrument is not signed by the Head of
State, Head of Government or Minister for Foreign Affairs, the representative of the State
communicating it may be called upon to produce full powers.
Article 68
Revocation of notifications and instruments provided
for in articles 65 and 67
A notification or instrument provided for in article 65 or 67 may be revoked at any time before it
takes effect.
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SECTION 5. CONSEQUENCES OF THE INVALIDITY, TERMINATION
OR SUSPENSION OF THE OPERATION OF A TREATY
Article 69
Consequences of the invalidity of a treaty
1.A treaty the invalidity of which is established under the present Convention is void. The
provisions of a void treaty have no legal force.
2. If acts have nevertheless been performed in reliance on such a treaty:
(a) each party may require any other party to establish as far as possible in their mutual relations the
position that would have existed if the acts had not been performed;
(b) acts performed in good faith before the invalidity was invoked are not rendered unlawful by
reason only of the invalidity of the treaty.
3. In cases falling under article 49, 50, 51 or 52, paragraph 2 does not apply with respect to the
party to which the fraud, the act of corruption or the coercion is imputable.
4. In the case of the invalidity of a particular State’s consent to be bound by a multilateral treaty,
the foregoing rules apply in the relations between that State and the parties to the treaty.
Article 70
Consequences of the termination of a treaty
1.Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty
under its provisions or in accordance with the present Convention:
(a) releases the parties from any obligation further to perform the treaty;
(b) does not affect any right, obligation or legal situation of the parties created through the execution
of the treaty prior to its termination.
2. If a State denounces or withdraws from a multilateral treaty, paragraph 1 applies in the relations
between that State and each of the other parties to the treaty from the date when such denunciation or
withdrawal takes effect.
Article 71
Consequences of the invalidity of a treaty which conflicts
with a peremptory norm of general international law
1. In the case of a treaty which is void under article 53 the parties shall:
(a) eliminate as far as possible the consequences of any act performed in reliance on any provision
which conflicts with the peremptory norm of general international law; and
25
(b) bring their mutual relations into conformity with the peremptory norm of general international
law.
2. In the case of a treaty which becomes void and terminates under article 64, the termination of
the treaty:
(a) releases the parties from any obligation further to perform the treaty;
(b) does not affect any right, obligation or legal situation of the parties created through the execution
of the treaty prior to its termination, provided that those rights, obligations or situations may thereafter
be maintained only to the extent that their maintenance is not in itself in conflict with the new
peremptory norm of general international law.
Article 72
Consequences of the suspension of the operation of a treaty
1.Unless the treaty otherwise provides or the parties otherwise agree, the suspension of the
operation of a treaty under its provisions or in accordance with the present Convention:
(a) releases the parties between which the operation of the treaty is suspended from the obligation to
perform the treaty in their mutual relations during the period of the suspension;
(b) does not otherwise affect the legal relations between the parties established by the treaty.
2.During the period of the suspension the parties shall refrain from acts tending to obstruct the
resumption of the operation of the treaty.
PART VI.
MISCELLANEOUS PROVISIONS
Article 73
Cases of State succession, State responsibility
and outbreak of hostilities
The provisions of the present Convention shall not prejudge any question that may arise in regard
to a treaty from a succession of States or from the international responsibility of a State or from the
outbreak of hostilities between States.
Article 74
Diplomatic and consular relations and the
conclusion of treaties
The severance or absence of diplomatic or consular relations between two or more States does not
prevent the conclusion of treaties between those States. The conclusion of a treaty does not in itself
affect the situation in regard to diplomatic or consular relations.
26
Article 75
Case of an aggressor State
The provisions of the present Convention are without prejudice to any obligation in relation to a
treaty which may arise for an aggressor State in consequence of measures taken in conformity with the
Charter of the United Nations with reference to that State’s aggression.
PART VII.
DEPOSITARIES, NOTIFICATIONS,
CORRECTIONS AND REGISTRATION
Article 76
Depositaries of treaties
1.The designation of the depositary of a treaty may be made by the negotiating States, either in
the treaty itself or in some other manner. The depositary may be one or more States, an international
organization or the chief administrative officer of the organization.
2.The functions of the depositary of a treaty are international in character and the depositary is
under an obligation to act impartially in their performance. In particular, the fact that a treaty has not
entered into force between certain of the parties or that a difference has appeared between a State and a
depositary with regard to the performance of the latter’s functions shall not affect that obligation.
Article 77
Functions of depositaries
1.The functions of a depositary, unless otherwise provided in the treaty or agreed by the
contracting States, comprise in particular:
(a) keeping custody of the original text of the treaty and of any full powers delivered to the
depositary;
(b) preparing certified copies of the original text and preparing any further text of the treaty in such
additional languages as may be required by the treaty and transmitting them to the parties and to the
States entitled to become parties to the treaty;
(c) receiving any signatures to the treaty and receiving and keeping custody of any instruments,
notifications and communications relating to it;
(d) examining whether the signature or any instrument, notification or communication relating to the
treaty is in due and proper form and, if need be, bringing the matter to the attention of the State in
question;
(e) informing the parties and the States entitled to become parties to the treaty of acts, notifications
and communications relating to the treaty;
27
(f) informing the States entitled to become parties to the treaty when the number of signatures or of
instruments of ratification, acceptance, approval or accession required for the entry into force of the
treaty has been received or deposited;
(g) registering the treaty with the Secretariat of the United Nations;
(h) performing the functions specified in other provisions of the present Convention.
2. In the event of any difference appearing between a State and the depositary as to the
performance of the latter’s functions, the depositary shall bring the question to the attention of the
signatory States and the contracting States or, where appropriate, of the competent organ of the
international organization concerned.
Article 78
Notifications and communications
Except as the treaty or the present Convention otherwise provide, any notification or
communication to be made by any State under the present Convention shall:
(a) if there is no depositary, be transmitted direct to the States for which it is intended, or if there is a
depositary, to the latter;
(b) be considered as having been made by the State in question only upon its receipt by the State to
which it was transmitted or, as the case may be, upon its receipt by the depositary;
(c) if transmitted to a depositary, be considered as received by the State for which it was intended
only when the latter State has been informed by the depositary in accordance with article 77, paragraph
1 (e).
Article 79
Correction of errors in texts or in certified copies
of treaties
1.Where, after the authentication of the text of a treaty, the signatory States and the contracting
States are agreed that it contains an error, the error shall, unless they decide upon some other means of
correction, be corrected:
(a) by having the appropriate correction made in the text and causing the correction to be initialled by
duly authorized representatives;
(b) by executing or exchanging an instrument or instruments setting out the correction which it has
been agreed to make; or
(c) by executing a corrected text of the whole treaty by the same procedure as in the case of the
original text.
28
2.Where the treaty is one for which there is a depositary, the latter shall notify the signatory
States and the contracting States of the error and of the proposal to correct it and shall specify an
appropriate time-limit within which objection to the proposed correction may be raised. If, on the expiry
of the time-limit:
(a) no objection has been raised, the depositary shall make and initial the correction in the text and
shall execute a procès-verbal of the rectification of the text and communicate a copy of it to the parties
and to the States entitled to become parties to the treaty;
(b) an objection has been raised, the depositary shall communicate the objection to the signatory
States and to the contracting States.
3.The rules in paragraphs I and 2 apply also where the text has been authenticated in two or more
languages and it appears that there is a lack of concordance which the signatory States and the
contracting States agree should be corrected.
4.The corrected text replaces the defective text ab initio, unless the signatory States and the
contracting States otherwise decide.
5.The correction of the text of a treaty that has been registered shall be notified to the Secretariat
of the United Nations.
6.Where an error is discovered in a certified copy of a treaty, the depositary shall execute a
procès-verbal specifying the rectification and communicate a copy of it to the signatory States and to the
contracting States.
Article 80
Registration and publication of treaties
1.Treaties shall, after their entry into force, be transmitted to the Secretariat of the United Nations
for registration or filing and recording, as the case may be, and for publication.
2.The designation of a depositary shall constitute authorization for it to perform the acts specified
in the preceding paragraph.
PART VIII.
FINAL PROVISIONS
Article 81
Signature
The present Convention shall be open for signature by all States Members of the United Nations
or of any of the specialized agencies or of the International Atomic Energy Agency 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 30 November 1969, at the
29
Federal Ministry for Foreign Affairs of the Republic of Austria, and subsequently, until 30 April 1970,
at United Nations Headquarters, New York.
Article 82
Ratification
The present Convention is subject to ratification. The instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
Article 83
Accession
The present Convention shall remain open for accession by any State belonging to any of the
categories mentioned in article 81. The instruments of accession shall be deposited with the Secretary-
General of the United Nations.
Article 84
Entry into force
1.The present Convention shall enter into force on the thirtieth day following the date of deposit
of the thirty-fifth instrument of ratification or accession.
2.For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth
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 85
Authentic texts
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.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed the present Convention.
DONE at Vienna this twenty-third day of May, one thousand nine hundred and sixty-nine.
ANNEX
1.A list of conciliators consisting of qualified jurists shall be drawn up and maintained by the
Secretary-General of the United Nations. To this end, every State which is a Member of the United
Nations or a party to the present Convention shall be invited to nominate two conciliators, and the names
of the persons so nominated shall constitute the list. The term of a conciliator, including that of any
conciliator nominated to fill a casual vacancy, shall be five years and may be renewed. A conciliator
whose term expires shall continue to fulfil any function for which he shall have been chosen under the
following paragraph.
30
2.When a request has been made to the Secretary-General under article 66, the Secretary-General
shall bring the dispute before a conciliation commission constituted as follows:
The State or States constituting one of the parties to the dispute shall appoint:
(a) one conciliator of the nationality of that State or of one of those States, who may or may not be
chosen from the list referred to in paragraph 1; and
(b) one conciliator not of the nationality of that State or of any of those States, who shall be chosen
from the list.
The State or States constituting the other party to the dispute shall appoint two conciliators in the same
way. The four conciliators chosen by the parties shall be appointed within sixty days following the date
on which the Secretary-General receives the request.
The four conciliators shall, within sixty days following the date of the last of their own appointments,
appoint a fifth conciliator chosen from the list, who shall be chairman.
If the appointment of the chairman or of any of the other conciliators has not been made within the
period prescribed above for such appointment, it shall be made by the Secretary-General within sixty
days following the expiry of that period. The appointment of the chairman may be made by the
Secretary-General either from the list or from the membership of the International Law Commission.
Any of the periods within which appointments must be made may be extended by agreement between
the parties to the dispute.
Any vacancy shall be filled in the manner prescribed for the initial appointment.
3.The Conciliation Commission shall decide its own procedure. The Commission, with the
consent of the parties to the dispute, may invite any party to the treaty to submit to it its views orally or
in writing. Decisions and recommendations of the Commission shall be made by a majority vote of the
five members.
4.The Commission may draw the attention of the parties to the dispute to any measures which
might facilitate an amicable settlement.
5.The Commission shall hear the parties, examine the claims and objections, and make proposals
to the parties with a view to reaching an amicable settlement of the dispute.
6.The Commission shall report within twelve months of its constitution. Its report shall be
deposited with the Secretary-General and transmitted to the parties to the dispute. The report of the
Commission, including any conclusions stated therein regarding the facts or questions of law, shall not
be binding upon the parties and it shall have no other character than that of recommendations submitted
for the consideration of the parties in order to facilitate an amicable settlement of the dispute.
31
7.The Secretary-General shall provide the Commission with such assistance and facilities as it
may require. The expenses of the Commission shall be borne by the United Nations.
_____________

Vienna Convention on Consular Relations

Vienna Convention on Consular Relations
Done at Vienna on 24 April 1963

The States Parties to the present Convention,
Recalling that consular relations have been established between peoples since ancient times,
Having in mind the Purposes and Principles of the Charter of the United Nations concerning the
sovereign equality of States, the maintenance of international peace and security, and the promotion of
friendly relations among nations,
Considering that the United Nations Conference on Diplomatic Intercourse and Immunities
adopted the Vienna Convention on Diplomatic Relations which was opened for signature on 18 April
1961,
Believing that an international convention on consular relations, privileges and immunities would
also 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 functions by consular posts on behalf of their respective States,
Affirming that the rules of customary international law continue to govern matters not expressly
regulated by the provisions of the present Convention,
Have agreed as follows:

Article 1
Definitions
1.For the purposes of the present Convention, the following expressions shall have the meanings
hereunder assigned to them:
(a) “consular post” means any consulate-general, consulate, vice-consulate or consular agency;
(b) “consular district” means the area assigned to a consular post for the exercise of consular
functions;
(c) “head of consular post” means the person charged with the duty of acting in that capacity;
(d) “consular officer” means any person, including the head of a consular post, entrusted in that
capacity with the exercise of consular functions;
(e) “consular employee” means any person employed in the administrative or technical service of a
consular post;
(f) “member of the service staff” means any person employed in the domestic service of a consular
post;
(g) “members of the consular post” means consular officers, consular employees and members of the
service staff;
(h) “members of the consular staff” means consular officers, other than the head of a consular post,
consular employees and members of the service staff;
(i) “member of the private staff” means a person who is employed exclusively in the private service
of a member of the consular post;
(j) “consular premises” means the buildings or parts of buildings and the land ancillary thereto,
irrespective of ownership, used exclusively for the purposes of the consular post;
(k) “consular archives” includes all the papers, documents, correspondence, books, films, tapes and
registers of the consular post, together with the ciphers and codes, the card-indexes and any article of
furniture intended for their protection or safe keeping.

2.Consular officers are of two categories, namely career consular officers and honorary consular
officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers, the provisions of Chapter III govern consular posts headed by honorary consular officers.
3.The particular status of members of the consular posts who are nationals or permanent residents
of the receiving State is governed by article 71 of the present Convention.


CHAPTER I.
CONSULAR RELATIONS IN GENERAL
SECTION I. ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS
Article 2
Establishment of consular relations
1.The establishment of consular relations between States takes place by mutual consent.
2. The consent given to the establishment of diplomatic relations between two States implies, unless
otherwise stated, consent to the establishment of consular relations.
3.The severance of diplomatic relations shall not ipso facto involve the severance of consular
relations.


Article 3
Exercise of consular functions
Consular functions are exercised by consular posts. They are also exercised by diplomatic
missions in accordance with the provisions of the present Convention.

Article 4
Establishment of a consular post
1.A consular post may be established in the territory of the receiving State only with that State’s
consent.
2.The seat of the consular post, its classification and the consular district shall be established by
the sending State and shall be subject to the approval of the receiving State.
3.Subsequent changes in the seat of the consular post, its classification or the consular district
may be made by the sending State only with the consent of the receiving State.
4.The consent of the receiving State shall also be required if a consulate-general or a consulate
desires to open a vice-consulate or a consular agency in a locality other than that in which it is itself
established.
5.The prior express consent of the receiving State shall also be required for the opening of an
office forming part of an existing consular post elsewhere than at the seat thereof.

Article 5
Consular functions
Consular functions consist in:
(a) protecting in the receiving State the interests of the sending State and of its nationals, both
individuals and bodies corporate, within the limits permitted by international law;
(b) furthering the development of commercial, economic, cultural and scientific relations between the
sending State and the receiving State and otherwise promoting friendly relations between them in
accordance with the provisions of the present Convention;
(c) ascertaining by all lawful means conditions and developments in the commercial, economic,
cultural and scientific life of the receiving State, reporting thereon to the Government of the sending
State and giving information to persons interested;
(d) issuing passports and travel documents to nationals of the sending State, and visas or appropriate
documents to persons wishing to travel to the sending State;
(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;
(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain
functions of an administrative nature, provided that there is nothing contrary thereto in the laws and
regulations of the receiving State;
(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending
States in cases of succession mortis causa in the territory of the receiving State, in accordance with the
laws and regulations of the receiving State;
(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the
interests of minors and other persons lacking full capacity who are nationals of the sending State,
particularly where any guardianship or trusteeship is required with respect to such persons;
(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging
appropriate representation for nationals of the sending State before the tribunals and other authorities of
the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the
receiving State, provisional measures for the preservation of the rights and interests of these nationals,
where, because of absence or any other reason, such nationals are unable at the proper time to assume
the defence of their rights and interests;
(j) transmitting judicial and extrajudicial documents or executing letters rogatory or commissions to
take evidence for the courts of the sending State in accordance with international agreements in force or,
in the absence of such international agreements, in any other manner compatible with the laws and
regulations of the receiving State;
(k) exercising rights of supervision and inspection provided for in the laws and regulations of the
sending State in respect of vessels having the nationality of the sending State, and of aircraft registered
in that State, and in respect of their crews;
(l) extending assistance to vessels and aircraft mentioned in subparagraph (k) of this article, and to
their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship’s
papers, and, without prejudice to the powers of the authorities of the receiving State, conducting
investigations into any incidents which occurred during the voyage, and settling disputes of any kind
between the master, the officers and the seamen insofar as this may be authorized by the laws and
regulations of the sending State;
(m) performing any other functions entrusted to a consular post by the sending State which are not
prohibited by the laws and regulations of the receiving State or to which no objection is taken by the
receiving State or which are referred to in the international agreements in force between the sending
State and the receiving State.

Article 6
Exercise of consular functions outside the consular district
A consular officer may, in special circumstances, with the consent of the receiving State, exercise
his functions outside his consular district.


Article 7
Exercise of consular functions in a third State
The sending State may, after notifying the States concerned, entrust a consular post established in
a particular State with the exercise of consular functions in another State, unless there is express
objection by one of the States concerned.

Article 8
Exercise of consular functions on behalf of a third State
Upon appropriate notification to the receiving State, a consular post of the sending State may,
unless the receiving State objects, exercise consular functions in the receiving State on behalf of a third
State.

Article 9
Classes of heads of consular posts
1.Heads of consular posts are divided into four classes, namely
(a) consuls-general;
(b) consuls;
(c) vice-consuls;
(d) consular agents.
2.Paragraph 1 of this article in no way restricts the right of any of the Contracting Parties to fix
the designation of consular officers other than the heads of consular posts.

Article 10
Appointment and admission of heads of consular posts
1.Heads of consular posts are appointed by the sending State and are admitted to the exercise of
their functions by the receiving State.
2.Subject to the provisions of the present Convention, the formalities for the appointment and for
the admission of the head of a consular post are determined by the laws, regulations and usages of the
sending State and of the receiving State respectively.

Article 11
The consular commission or notification of appointment
1.The head of a consular post shall be provided by the sending State with a document, in the form
of a commission or similar instrument, made out for each appointment, certifying his capacity and showing, as a general rule, his full name, his category and class, the consular district and the seat of the
consular post.
2.The sending State shall transmit the commission or similar instrument through the diplomatic or
other appropriate channel to the Government of the State in whose territory the head of a consular post
is to exercise his functions.
3. If the receiving State agrees, the sending State may, instead of a commission or similar
instrument, send to the receiving State a notification containing the particulars required by paragraph 1
of this article.
Article 12
The exequatur
1.The head of a consular post is admitted to the exercise of his functions by an authorization from
the receiving State termed an exequatur, whatever the form of this authorization.
2.A State which refused to grant an exequatur is not obliged to give to the sending State reasons
for such refusal.
3.Subject to the provisions of articles 13 and 15, the head of a consular post shall not enter upon
his duties until he has received an exequatur.
Article 13
Provisional admission of heads of consular posts
Pending delivery of the exequatur, the head of a consular post may be admitted on a provisional
basis to the exercise of his functions. In that case, the provisions of the present Convention shall apply.

Article 14
Notification to the authorities of the consular district
As soon as the head of a consular post is admitted even provisionally to the exercise of his
functions, the receiving State shall immediately notify the competent authorities of the consular district.
It shall also ensure that the necessary measures are taken to enable the head of a consular post to carry
out the duties of his office and to have the benefit of the provisions of the present Convention.

Article 15
Temporary exercise of the functions of the
head of a consular post
1. If the head of a consular post is unable to carry out his functions or the position of head of
consular post is vacant, an acting head of post may act provisionally as head of the consular post.
2.The full name of the acting head of post shall be notified either by the diplomatic mission of the
sending State or, if that State has no such mission in the receiving State, by the head of the consular
post, or, if he is unable to do so, by any competent authority of the sending State, to the Ministry for
Foreign Affairs of the receiving State or to the authority designated by that Ministry. As a general rule,
this notification shall be given in advance. The receiving State may make the admission as acting head
of post of a person who is neither a diplomatic agent nor a consular officer of the sending State in the
receiving State conditional on its consent.
3.The competent authorities of the receiving State shall afford assistance and protection to the
acting head of post. While he is in charge of the post, the provisions of the present Convention shall
apply to him on the same basis as to the head of the consular post concerned. The receiving State shall
not, however, be obliged to grant to an acting head of post any facility, privilege or immunity which the
head of the consular post enjoys only subject to conditions not fulfilled by the acting head of post.
4.When, in the circumstances referred to in paragraph 1 of this article, a member of the
diplomatic staff of the diplomatic mission of the sending State in the receiving State is designated by the
sending State as an acting head of post, he shall, if the receiving State does not object thereto, continue
to enjoy diplomatic privileges and immunities.


Article 16
Precedence as between heads of consular posts
1.Heads of consular posts shall rank in each class according to the date of the grant of the
exequatur.
2. If, however, the head of a consular post before obtaining the exequatur is admitted to the
exercise of his functions provisionally, his precedence shall be determined according to the date of the
provisional admission; this precedence shall be maintained after the granting of the exequatur.
3.The order of precedence as between two or more heads of consular posts who obtained the
exequatur or provisional admission on the same date shall be determined according to the dates on
which their commissions or similar instruments or the notifications referred to in paragraph 3 of article
11 were presented to the receiving State.
4.Acting heads of posts shall rank after all heads of consular posts and, as between themselves,
they shall rank according to the dates on which they assumed their functions as acting heads of posts as
indicated in the notifications given under paragraph 2 of article 15.
5.Honorary consular officers who are heads of consular posts shall rank in each class after career
heads of consular posts, in the order and according to the rules laid down in the foregoing paragraphs.
6.Heads of consular posts shall have precedence over consular officers not having that status.

Article 17
Performance of diplomatic acts by consular officers
1. In a State where the sending State has no diplomatic mission and is not represented by a
diplomatic mission of a third State, a consular officer may, with the consent of the receiving State, and
without affecting his consular status, be authorized to perform diplomatic acts. The performance of such
acts by a consular officer shall not confer upon him any right to claim diplomatic privileges and
immunities.
2.A consular officer may, after notification addressed to the receiving State, act as representative
of the sending State to any intergovernmental organization. When so acting, he shall be entitled to enjoy
any privileges and immunities accorded to such a representative by customary international law or by
international agreements; however, in respect of the performance by him of any consular function, he
shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is
entitled under the present Convention.


Article 18
Appointment of the same person by two or more States
as a consular officer
Two or more States may, with the consent of the receiving State, appoint the same person as a
consular officer in that State.


Article 19
Appointment of members of consular staff
1.Subject to the provisions of articles 20, 22 and 23, the sending State may freely appoint the
members of the consular staff.
2.The full name, category and class of all consular officers, other than the head of a consular post,
shall be notified by the sending State to the receiving State in sufficient time for the receiving State, if it
so wishes, to exercise its rights under paragraph 3 of article 23.
3.The sending State may, if required by its laws and regulations, request the receiving State to
grant an exequatur to a consular officer other than the head of a consular post.
4.The receiving State may, if required by its laws and regulations, grant an exequatur to a
consular officer other than the head of a consular post.


Article 20
Size of the consular staff
In the absence of an express agreement as to the size of the consular staff, the receiving State may
require that the size of the staff be kept within limits considered by it to be reasonable and normal,
having regard to circumstances and conditions in the consular district and to the needs of the particular
consular post.


Article 21
Precedence as between consular officers of a consular post
The order of precedence as between the consular officers of a consular post and any change
thereof shall be notified by the diplomatic mission of the sending State or, if that State has no such
mission in the receiving State, by the head of the consular post, to the Ministry for Foreign Affairs of the
receiving State or to the authority designated by that Ministry.


Article 22
Nationality of consular officers
1.Consular officers should, in principle, have the nationality of the sending State.
2.Consular officers may not be appointed from among persons having the nationality of the
receiving State except with the express 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 23
Persons declared “non grata”
1.The receiving State may at any time notify the sending State that a consular officer is persona
non grata or that any other member of the consular staff is not acceptable. In that event, the sending
State shall, as the case may be, either recall the person concerned or terminate his functions with the
consular post.
2. If the sending State refuses or fails within a reasonable time to carry out its obligations under
paragraph 1 of this article, the receiving State may, as the case may be, either withdraw the exequatur
from the person concerned or cease to consider him as a member of the consular staff.
3.A person appointed as a member of a consular post may be declared unacceptable before
arriving in the territory of the receiving State or, if already in the receiving State, before entering on his
duties with the consular post. In any such case, the sending State shall withdraw his appointment.
4. In the cases mentioned in paragraphs 1 and 3 of this article, the receiving State is not obliged to
give to the sending State reasons for its decision.
Article 24
Notification to the receiving State of appointments,
arrivals and departures
1.The Ministry for Foreign Affairs of the receiving State or the authority designated by that
Ministry shall be notified of:
(a) the appointment of members of a consular post, their arrival after appointment to the consular
post, their final departure or the termination of their functions and any other changes affecting their
status that may occur in the course of their service with the consular post;
(b) the arrival and final departure of a person belonging to the family of a member of a consular post
forming part of his household and, where appropriate, the fact that a person becomes or ceases to be
such a member of the family;
(c) the arrival and final departure of members of the private staff and, where appropriate, the
termination of their service as such;
(d) the engagement and discharge of persons resident in the receiving State as members of a consular
post or as members of the private staff entitled to privileges and immunities.
2.When possible, prior notification of arrival and final departure shall also be given.


SECTION II.
END OF CONSULAR FUNCTIONS

Article 25
Termination of the functions of a member of a consular post
The functions of a member of a consular post shall come to an end, inter alia:
(a) on notification by the sending State to the receiving State that his functions have come to an end;
(b) on withdrawal of the exequatur;
(c) on notification by the receiving State to the sending State that the receiving State has ceased to
consider him as a member of the consular staff.

Article 26
Departure from the territory of the receiving State
The receiving State shall, even in case of armed conflict, grant to members of the consular post
and members of the private staff, other than nationals of the receiving State, and to members of their
families forming part of their households irrespective of nationality, the necessary time and facilities to
enable them to prepare their departure and to leave at the earliest possible moment after the termination
of the functions of the members concerned. In particular, it shall, in case of need, place at their disposal
the necessary means of transport for themselves and their property other than property acquired in the
receiving State the export of which is prohibited at the time of departure.

Article 27
Protection of consular premises and archives and of the
interests of the sending State in exceptional circumstances
1. In the event of the severance of consular relations between two States:
(a) the receiving State shall, even in case of armed conflict, respect and protect the consular premises,
together with the property of the consular post and the consular archives;
(b) the sending State may entrust the custody of the consular premises, together with the property
contained therein and the consular 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.
2. In the event of the temporary or permanent closure of a consular post, the provisions of
subparagraph (a) of paragraph 1 of this article shall apply. In addition,
(a) if the sending State, although not represented in the receiving State by a diplomatic mission, has
another consular post in the territory of that State, that consular post may be entrusted with the custody
of the premises of the consular post which has been closed, together with the property contained therein
and the consular archives, and, with the consent of the receiving State, with the exercise of consular
functions in the district of that consular post; or
(b) if the sending State has no diplomatic mission and no other consular post in the receiving State,
the provisions of subparagraphs (b) and (c) of paragraph 1 of this article shall apply.





CHAPTER II.
FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO CONSULAR POSTS, CAREER CONSULAR
OFFICERS AND OTHER MEMBERS OF A CONSULAR POST

SECTION I. FACILITIES, PRIVILEGES AND IMMUNITIES RELATING
TO A CONSULAR POST

Article 28
Facilities for the work of the consular post
The receiving State shall accord full facilities for the performance of the functions of the consular
post.

Article 29
Use of national flag and coat-of-arms
1.The sending State shall have the right to the use of its national flag and coat-of-arms in the
receiving State in accordance with the provisions of this article.

2.The national flag of the sending State may be flown and its coat-of-arms displayed on the
building occupied by the consular post and at the entrance door thereof, on the residence of the head of
the consular post and on his means of transport when used on official business.
3. In the exercise of the right accorded by this article regard shall be had to the laws, regulations
and usages of the receiving State.

Article 30
Accommodation
1.The receiving State shall either facilitate the acquisition on its territory, in accordance with its
laws and regulations, by the sending State of premises necessary for its consular post or assist the latter in
obtaining accommodation in some other way.
2. It shall also, where necessary, assist the consular post in obtaining suitable accommodation for
its members.

Article 31
Inviolability of the consular premises
1.Consular premises shall be inviolable to the extent provided in this article.
2.The authorities of the receiving State shall not enter that part of the consular premises which is
used exclusively for the purpose of the work of the consular post except with the consent of the head of
the consular post or of his designee or of the head of the diplomatic mission of the sending State. The
consent of the head of the consular post may, however, be assumed in case of fire or other disaster
requiring prompt protective action.
3.Subject to the provisions of paragraph 2 of this article, the receiving State is under a special
duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to
prevent any disturbance of the peace of the consular post or impairment of its dignity.
4.The consular premises, their furnishings, the property of the consular post and its means of
transport shall be immune from any form of requisition for purposes of national defence or public utility.
If expropriation is necessary for such purposes, all possible steps shall be taken to avoid impeding the
performance of consular functions, and prompt, adequate and effective compensation shall be paid to the
sending State.

Article 32
Exemption from taxation of consular premises
1.Consular premises and the residence of the career head of consular post of which the sending
State or any person acting on its behalf is the owner or lessee shall be exempt from all national, regional
or municipal dues and taxes whatsoever, other than such as represent payment for specific services
rendered.
2.The exemption from taxation referred to paragraph 1 of this article shall not apply to such dues
and taxes if, under the law of the receiving State, they are payable by the person who contracted with the
sending State or with the person acting on its behalf.


Article 33
Inviolability of the consular archives and documents
The consular archives and documents shall be inviolable at all times and wherever they may be.


Article 34
Freedom of movement
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 freedom of movement and travel in its
territory to all members of the consular post.


Article 35
Freedom of communication
1.The receiving State shall permit and protect freedom of communication on the part of the
consular post for all official purposes. In communicating with the Government, the diplomatic missions
and other consular posts, wherever situated, of the sending State, the consular post may employ all
appropriate means, including diplomatic or consular couriers, diplomatic or consular bags and messages
in code or cipher. However, the consular post may install and use a wireless transmitter only with the
consent of the receiving State.
2.The official correspondence of the consular post shall be inviolable. Official correspondence
means all correspondence relating to the consular post and its functions.
3.The consular bag shall be neither opened nor detained. Nevertheless, if the competent
authorities of the receiving State have serious reason to believe that the bag contains something other
than the correspondence, documents or articles referred to in paragraph 4 of this article, they may
request that the bag be opened in their presence by an authorized representative of the sending State. If
this request is refused by the authorities of the sending State, the bag shall be returned to its place of
origin.
4.The packages constituting the consular bag shall bear visible external marks of their character
and may contain only official correspondence and documents or articles intended exclusively for official
use.
5.The consular courier shall be provided with an official document indicating his status and the
number of packages constituting the consular bag. Except with the consent of the receiving State he
shall be neither a national of the receiving State, nor, unless he is a national of the sending State, a
permanent resident of the receiving State. In the performance of his functions he shall be protected by
the receiving State. He shall enjoy personal inviolability and shall not be liable to any form of arrest or
detention.

6.The sending State, its diplomatic missions and its consular posts may designate consular
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 consular bag in his charge.
7.A consular bag may be entrusted to the captain of a ship or 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 consular courier. By
arrangement with the appropriate local authorities, the consular post may send one of its members to
take possession of the bag directly and freely from the captain of the ship or of the aircraft.


Article 36
Communication and contact with nationals
of the sending State
1.With a view to facilitating the exercise of consular functions relating to nationals of the sending
State:
(a) consular officers shall be free to communicate with nationals of the sending State and to have
access to them. Nationals of the sending State shall have the same freedom with respect to
communication with and access to consular officers of the sending State;
(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the
consular post of the sending State if, within its consular district, a national of that State is arrested or
committed to prison or to custody pending trial or is detained in any other manner. Any communication
addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded
by the said authorities without delay. The said authorities shall inform the person concerned without
delay of his rights under this subparagraph;
(c) consular officers shall have the right to visit a national of the sending State who is in prison,
custody or detention, to converse and correspond with him and to arrange for his legal representation.
They shall also have the right to visit any national of the sending State who is in prison, custody or
detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from
taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such
action.
2.The rights referred to in paragraph 1 of this article shall be exercised in conformity with the
laws and regulations of the receiving State, subject to the proviso, however, that the said laws and
regulations must enable full effect to be given to the purposes for which the rights accorded under this
article are intended.


Article 37
Information in cases of deaths, guardianship or trusteeship,
wrecks and air accidents
If the relevant information is available to the competent authorities of the receiving State, such
authorities shall have the duty:
(a) in the case of the death of a national of the sending State, to inform without delay the consular
post in whose district the death occurred;
(b) to inform the competent consular post without delay of any case where the appointment of a
guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a
national of the sending State. The giving of this information shall, however, be without prejudice to the
operation of the laws and regulations of the receiving State concerning such appointments;
(c) if a vessel, having the nationality of the sending State, is wrecked or runs aground in the
territorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State
suffers an accident on the territory of the receiving State, to inform without delay the consular post
nearest to the scene of the occurrence.
Article 38
Communication with the authorities of the receiving State
In the exercise of their functions, consular officers may address:
(a) the competent local authorities of their consular district;
(b) the competent central authorities of the receiving State if and to the extent that this is allowed by
the laws, regulations and usages of the receiving State or by the relevant international agreements.
Article 39
Consular fees and charges
1.The consular post may levy in the territory of the receiving State the fees and charges provided
by the laws and regulations of the sending State for consular acts.
2.The sums collected in the form of the fees and charges referred to in paragraph 1 of this article,
and the receipts for such fees and charges, shall be exempt from all dues and taxes in the receiving State.


SECTION II.
FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO CAREER CONSULAR OFFICERS AND
OTHER MEMBERS OF A CONSULAR POST

Article 40
Protection of consular officers
The receiving State shall treat consular officers with due respect and shall take all appropriate
steps to prevent any attack on their person, freedom or dignity.


Article 41
Personal inviolability of consular officers
1.Consular officers shall not be liable to arrest or detention pending trial, except in the case of a
grave crime and pursuant to a decision by the competent judicial authority.
2.Except in the case specified in paragraph 1 of this article, consular officers shall not be
committed to prison or be liable to any other form of restriction on their personal freedom save in
execution of a judicial decision of final effect.
3. If criminal proceedings are instituted against a consular officer, he must appear before the
competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by
reason of his official position and, except in the case specified in paragraph 1 of this article, in a manner
which will hamper the exercise of consular functions as little as possible. When, in the circumstances
mentioned in paragraph 1 of this article, it has become necessary to detain a consular officer, the
proceedings against him shall be instituted with the minimum of delay.


Article 42
Notification of arrest, detention or prosecution
In the event of the arrest or detention, pending trial, of a member of the consular staff, or of
criminal proceedings being instituted against him, the receiving State shall promptly notify the head of
the consular post. Should the latter be himself the object of any such measure, the receiving State shall
notify the sending State through the diplomatic channel.


Article 43
Immunity from jurisdiction
1.Consular officers and consular employees shall not be amenable to the jurisdiction of the
judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of
consular functions.
2.The provisions of paragraph 1 of this article shall not, however, apply in respect of a civil
action either:
18
(a) arising out of a contract concluded by a consular officer or a consular employee in which he did
not contract expressly or impliedly as an agent of the sending State; or
(b) by a third party for damage arising from an accident in the receiving State caused by a vehicle,
vessel or aircraft.


Article 44
Liability to give evidence
1.Members of a consular post may be called upon to attend as witnesses in the course of judicial
or administrative proceedings. A consular employee or a member of the service staff shall not, except in
the cases mentioned in paragraph 3 of this article, decline to give evidence. If a consular officer should
decline to do so, no coercive measure or penalty may be applied to him.
2.The authority requiring the evidence of a consular officer shall avoid interference with the
performance of his functions. It may, when possible, take such evidence at his residence or at the
consular post or accept a statement from him in writing.
3.Members of a consular post are under no obligation to give evidence concerning matters
connected with the exercise of their functions or to produce official correspondence and documents
relating thereto. They are also entitled to decline to give evidence as expert witnesses with regard to the
law of the sending State.


Article 45
Waiver of privileges and immunities
1.The sending State may waive, with regard to a member of the consular post, any of the
privileges and immunities provided for in articles 41, 43 and 44.
2.The waiver shall in all cases be express, except as provided in paragraph 3 of this article, and
shall be communicated to the receiving State in writing.
3.The initiation of proceedings by a consular officer or a consular employee in a matter where he
might enjoy immunity from jurisdiction under article 43 shall preclude him from invoking immunity
from jurisdiction in respect of any counterclaim directly connected with the principal claim.
4.The waiver of immunity from jurisdiction for the purposes of civil or administrative
proceedings shall not be deemed to imply the waiver of immunity from the measures of execution
resulting from the judicial decision; in respect of such measures, a separate waiver shall be necessary.


Article 46
Exemption from registration of aliens and residence permits
1.Consular officers and consular employees and members of their families forming part of their
households shall be exempt from all obligations under the laws and regulations of the receiving State in
regard to the registration of aliens and residence permits.
2.The provisions of paragraph 1 of this article shall not, however, apply to any consular employee
who is not a permanent employee of the sending State or who carries on any private gainful occupation
in the receiving State or to any member of the family of any such employee.




Article 47
Exemption from work permits
1.Members of the consular post shall, with respect to services rendered for the sending State, be
exempt from any obligations in regard to work permits imposed by the laws and regulations of the
receiving State concerning the employment of foreign labour.
2.Members of the private staff of consular officers and of consular employees shall, if they do not
carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to
in paragraph 1 of this article.


Article 48
Social security exemption
1.Subject to the provisions of paragraph 3 of this article, members of the consular post with
respect to services rendered by them for the sending State, and members of their families forming part of
their households, shall 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 apply also to members of the
private staff who are in the sole employ of members of the consular post, 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 are in force in the sending State or a
third State.
3.Members of the consular post who employ 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.


Article 49
Exemption from taxation
1.Consular officers and consular employees and members of their families forming part of their
households 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 or taxes on private immovable property situated in the territory of the receiving State,
subject to the provisions of article 32;
(c) estate, succession or inheritance duties, and duties on transfers, levied by the receiving State,
subject to the provisions of paragraph (b) of article 51;
(d) dues and taxes on private income, including capital gains, having its source in the receiving State
and capital taxes relating to investments made in commercial or financial undertakings in the receiving
State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of
article 32.
2.Members of the service staff shall be exempt from dues and taxes on the wages which they
receive for their services.
3.Members of the consular post who employ persons whose wages or salaries are not exempt
from income tax in the receiving State shall observe the obligations which the laws and regulations of
that State impose upon employers concerning the levying of income tax.

Article 50
Exemption from customs duties and inspection
1.The receiving State shall, in accordance with such laws and regulations as it may adopt, permit
entry of and grant exemption from all customs duties, taxes, and related charges other than charges for
storage, cartage and similar services, on:
(a) articles for the official use of the consular post;
(b) articles for the personal use of a consular officer or members of his family forming part of his
household, including articles intended for his establishment. The articles intended for consumption shall
not exceed the quantities necessary for direct utilization by the persons concerned.
2.Consular employees shall enjoy the privileges and exemptions specified in paragraph 1 of this
article in respect of articles imported at the time of first installation.
21
3.Personal baggage accompanying consular officers and members of their families forming part
of their households shall be exempt from inspection. It may be inspected only if there is serious reason
to believe that it contains articles other than those referred to in subparagraph (b) of paragraph 1 of this
article, or articles the import or export of which is prohibited by the laws and regulations of the
receiving State or which are subject to its quarantine laws and regulations. Such inspection shall be
carried out in the presence of the consular officer or member of his family concerned.


Article 51
Estate of a member of the consular post
or of a member of his family
In the event of the death of a member of the consular post or of a member of his family forming
part of his household, the receiving State:
(a) shall permit the export of the movable property of the deceased, with the exception of any such
property acquired in the receiving State the export of which was prohibited at the time of his death;
(b) shall not levy national, regional or municipal estate, succession or inheritance duties, and duties
on transfers, on movable property the presence of which in the receiving State was due solely to the
presence in that State of the deceased as a member of the consular post or as a member of the family of a
member of the consular post.


Article 52
Exemption from personal services and contributions
The receiving State shall exempt members of the consular post and members of their families
forming part of their households 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.


Article 53
Beginning and end of consular privileges and immunities
1.Every member of the consular post shall enjoy the privileges and immunities provided in the
present Convention 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 he enters on his duties with the consular
post.
2.Members of the family of a member of the consular post forming part of his household and
members of his private staff shall receive the privileges and immunities provided in the present
Convention from the date from which he enjoys privileges and immunities in accordance with paragraph
1 of this article or from the date of their entry into the territory of the receiving State or from the date of
their becoming a member of such family or private staff, whichever is the latest.
3.When the functions of a member of the consular post have come to an end, his privileges and
immunities and those of a member of his family forming part of his household or a member of his
private staff shall normally cease at the moment when the person concerned leaves the receiving State or
on the expiry of a reasonable period in which to do so, whichever is the sooner, but shall subsist until
that time, even in case of armed conflict. In the case of the persons referred to in paragraph 2 of this
article, their privileges and immunities shall come to an end when they cease to belong to the household
or to be in the service of a member of the consular post provided, however, that if such persons intend
leaving the receiving State within a reasonable period thereafter, their privileges and immunities shall
subsist until the time of their departure.
4.However, with respect to acts performed by a consular officer or a consular employee in the
exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time.
5. In the event of the death of a member of the consular post, the members of his family forming
part of his household shall continue to enjoy the privileges and immunities accorded to them until they
leave the receiving State or until the expiry of a reasonable period enabling them to do so, whichever is
the sooner.


Article 54
Obligations of third States
1. If a consular officer passes through or is in the territory of a third State, which has granted him
a visa if a visa was necessary, while proceeding to take up or return to his post or when returning to the
sending State, the third State shall accord to him all immunities provided for by the other articles of the
present Convention as may be required to ensure his transit or return. The same shall apply in the case of
any member of his family forming part of his household enjoying such privileges and immunities who
are accompanying the consular officer or travelling separately to join him or to return to the sending
State.
2. In circumstances similar to those specified in paragraph 1 of this article, third States shall not
hinder the transit through their territory of other members of the consular post or of members of their
families forming part of their households.
3.Third States shall accord to official correspondence and to other official communications in
transit, including messages in code or cipher, the same freedom and protection as the receiving State is
bound to accord under the present Convention. They shall accord to consular couriers who have been
granted a visa, if a visa was necessary, and to consular bags in transit, the same inviolability and
protection as the receiving State is bound to accord under the present Convention.
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 to consular
bags, whose presence in the territory of the third State is due to force majeure.


Article 55
Respect for the laws and regulations of the receiving State
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 the State.
2.The consular premises shall not be used in any manner incompatible with the exercise of
consular functions.
3.The provisions of paragraph 2 of this article shall not exclude the possibility of offices of other
institutions or agencies being installed in part of the building in which the consular premises are
situated, provided that the premises assigned to them are separate from those used by the consular post.
In that event, the said offices shall not, for the purposes of the present Convention, be considered to
form part of the consular premises.


Article 56
Insurance against third party risks
Members of the consular post shall comply with any requirements imposed by the laws and
regulations of the receiving State, in respect of insurance against third party risks arising from the use of
any vehicle, vessel or aircraft.


Article 57
Special provisions concerning private gainful occupation
1.Career consular officers shall not carry on for personal profit any professional or commercial
activity in the receiving State.
2.Privileges and immunities provided in this chapter shall not be accorded:
(a) to consular employees or to members of the service staff who carry on any private gainful
occupation in the receiving State;
(b) to members of the family of a person referred to in subparagraph (a) of this paragraph or to
members of his private staff;
(c) to members of the family of a member of a consular post who themselves carry on any private
gainful occupation in the receiving State.


CHAPTER III.
REGIME RELATING TO HONORARY CONSULAR
OFFICERS AND CONSULAR POSTS HEADED BY SUCH OFFICERS
Article 58
General provisions relating to facilities, privileges
and immunities
1.Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of article 54 and paragraphs 2 and 3
of article 55 shall apply to consular posts headed by an honorary consular officer. In addition, the
facilities, privileges and immunities of such consular posts shall be governed by articles 59, 60, 61 and
62.
2.Articles 42 and 43, paragraph 3 of article 44, articles 45 and 53 and paragraph 1 of article 55
shall apply to honorary consular officers. In addition, the facilities, privileges and immunities of such
consular officers shall be governed by articles 63, 64, 65, 66 and 67.
3.Privileges and immunities provided in the present Convention shall not be accorded to members
of the family of an honorary consular officer or of a consular employee employed at a consular post
headed by an honorary consular officer.
4.The exchange of consular bags between two consular posts headed by honorary consular
officers in different States shall not be allowed without the consent of the two receiving States
concerned.

Article 59
Protection of the consular premises
The receiving State shall take such steps as may be necessary to protect the consular premises of a
consular post headed by an honorary consular officer against any intrusion or damage and to prevent any
disturbance of the peace of the consular post or impairment of its dignity.

Article 60
Exemption from taxation of consular premises
1.Consular premises of a consular post headed by an honorary consular officer of which the
sending State is the owner or lessee shall be exempt from all national, regional or municipal dues and
taxes whatsoever, other than such as represent payment for specific services rendered.
2.The exemption from taxation referred to in paragraph l of this article shall not apply to such
dues and taxes if, under the laws and regulations of the receiving State, they are payable by the person
who contracted with the sending State.


Article 61
Inviolability of consular archives and documents
The consular archives and documents of a consular post headed by an honorary consular officer
shall be inviolable at all times and wherever they may be, provided that they are kept separate from
other papers and documents and, in particular, from the private correspondence of the head of a consular
post and of any person working with him, and from the materials, books or documents relating to their
profession or trade.


Article 62
Exemption from customs duties
The receiving State shall, in accordance with such laws and regulations as it may adopt, permit
entry of, and grant exemption from all customs duties, taxes, and related charges other than charges for
storage, cartage and similar services on the following articles, provided that they are for the official use
of a consular post headed by an honorary consular officer: coats-of-arms, flags, signboards, seals and
stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by
or at the instance of the sending State to the consular post.


Article 63
Criminal proceedings
If criminal proceedings are instituted against an honorary consular officer, he must appear before
the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him
by reason of his official position and, except when he is under arrest or detention, in a manner which
will hamper the exercise of consular functions as little as possible. When it has become necessary to
detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of
delay.


Article 64
Protection of honorary consular officers
The receiving State is under a duty to accord to an honorary consular officer such protection as
may be required by reason of his official position.


Article 65
Exemption from registration of aliens and residence permits
Honorary consular officers, with the exception of those who carry on for personal profit any
professional or commercial activity in the receiving State, shall be exempt from all obligations under the
laws and regulations of the receiving State in regard to the registration of aliens and residence permits.
Article 66
Exemption from taxation
An honorary consular officer shall be exempt from all dues and taxes on the remuneration and
emoluments which he receives from the sending State in respect of the exercise of consular functions.


Article 67
Exemption from personal services and contributions
The receiving State shall exempt honorary consular officers from all personal services and from
all public services of any kind whatsoever and from military obligations such as those connected with
requisitioning, military contributions and billeting.


Article 68
Optional character of the institution of
honorary consular officers
Each State is free to decide whether it will appoint or receive honorary consular officers.


CHAPTER IV.
GENERAL PROVISIONS
Article 69
Consular agents who are not heads of consular posts
1.Each State is free to decide whether it will establish or admit consular agencies conducted by
consular agents not designated as heads of consular post by the sending State.
2.The conditions under which the consular agencies referred to in paragraph 1 of this article may
carry on their activities and the privileges and immunities which may be enjoyed by the consular agents
in charge of them shall be determined by agreement between the sending State and the receiving State.


Article 70
Exercise of consular functions by diplomatic missions
1.The provisions of the present Convention apply also, so far as the context permits, to the
exercise of consular functions by a diplomatic mission.
2.The names of members of a diplomatic mission assigned to the consular section or otherwise
charged with the exercise of the consular functions of the mission shall be notified to the Ministry for
Foreign Affairs of the receiving State or to the authority designated by that Ministry.
3. In the exercise of consular functions a diplomatic mission may address:
(a) the local authorities of the consular district;
(b) the central authorities of the receiving State if this is allowed by the laws, regulations and usages
of the receiving State or by relevant international agreements.
4.The privileges and immunities of the members of a diplomatic mission referred to in paragraph
2 of this article shall continue to be governed by the rules of international law concerning diplomatic
relations.

Article 71
Nationals or permanent residents of the receiving State
1.Except insofar as additional facilities, privileges and immunities may be granted by the
receiving State, consular officers who are nationals of or permanently resident in the receiving State
shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts
performed in the exercise of their functions, and the privileges provided in paragraph 3 of article 44. So
far as these consular officers are concerned, the receiving State shall likewise be bound by the obligation
laid down in article 42. If criminal proceedings are instituted against such a consular officer, the
proceedings shall, except when he is under arrest or detention, be conducted in a manner which will
hamper the exercise of consular functions as little as possible.

2.Other members of the consular post who are nationals of or permanently resident in the
receiving State and members of their families, as well as members of the families of consular officers
referred to in paragraph 1 of this article, shall enjoy facilities, privileges and immunities only insofar as
these are granted to them by the receiving State. Those members of the families of members of the
consular post and those members of the private staff who are themselves nationals of or permanently
resident in the receiving State shall likewise enjoy facilities, privileges and immunities only insofar as
these are granted to them by the receiving State. The receiving State shall, however, exercise its
jurisdiction over those persons in such a way as not to hinder unduly the performance of the functions of
the consular post.

Article 72
Non-discrimination
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 consular posts 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 73
Relationship between the present Convention
and other international agreements
1.The provisions of the present Convention shall not affect other international agreements in
force as between States Parties to them.
2.Nothing in the present Convention shall preclude States from concluding international
agreements confirming or supplementing or extending or amplifying the provisions thereof.


CHAPTER V.
FINAL PROVISIONS
Article 74
Signature
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 1963 at the Federal Ministry for Foreign Affairs of the
Republic of Austria and subsequently, until 31 March 1964, at the United Nations Headquarters in New
York.


Article 75
Ratification
The present Convention is subject to ratification. The instruments of ratification shall be
deposited with the Secretary-General of the United Nations.


Article 76
Accession
The present Convention shall remain open for accession by any State belonging to any of the four
categories mentioned in article 74. The instruments of accession shall be deposited with the Secretary-
General of the United Nations.


Article 77
Entry into force
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 78
Notifications by the Secretary-General
The Secretary-General of the United Nations shall inform all States belonging to any of the four
categories mentioned in article 74:
(a) of signatures to the present Convention and of the deposit of instruments of ratification or
accession, in accordance with articles 74, 75 and 76;
(b) of the date on which the present Convention will enter into force, in accordance with article 77.


Article 79
Authentic texts
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 74.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed the present Convention.

DONE at Vienna this twenty-fourth day of April, one thousand nine hundred and sixty-three.