CONSULAR RELATIONS DECREE, 1967 (NLCD
150)
ARRANGEMENT OF PARAGRAPHS
Paragraph
1. Articles of Convention to have
the Force of Law.
2. Interpretation.
3. Repeal.
4. Commencement.
SCHEDULE
Schedule
WHEREAS a Convention entitled the
Vienna Convention on Consular
Relations, the text of which is
set out in the Schedule to this
Decree and is in this Decree
referred to as "the Convention"
was signed on behalf of the
Government of Ghana in Vienna on
the twenty-fourth day of April in
the year one thousand
nine-hundred and sixty-three and
ratified by the said Government on
the fourth day of October in the
same year:
AND WHEREAS the adoption of the
provisions of the said Convention
regulating Consular relations,
privileges and immunities would
contribute to the development of
friendly relations amongst
nations:
AND WHEREAS it is decided to give
effect to the said Convention and,
for that purpose to provide that
certain provisions thereof shall
have the force of law in Ghana:
NOW THEREFORE in pursuance of the
Proclamation entitled
"Proclamation for the
establishment of a National
Liberation Council for the
administration of Ghana and for
other matters connected
therewith", published in Gazette
No.11 of Monday, 28th February,
1966 this Decree is hereby made:—
Paragraph 1—Articles of Convention
to have the Force of Law.
The following articles of the
Convention the text of which is as
hereinbefore stated, set out in
the Schedule to this Decree, shall
have the force of law in Ghana,
namely:
(a) Article 31 (inviolability of
the consular premises).
(b) Article 32 (exemption from
taxation of consular premises).
(c) Article 33 (inviolability of
consular archives and documents).
(d) Articles 40 to 53 and 55 to 57
(facilities, privileges and
immunities relating to career
consular officers and other
members of a consular post).
(e) Articles 58 to 67 (facilities,
privileges and immunities relating
to honorary consular officers).
Paragraph 2—Interpretation.
For the purposes of this Decree,
references in the Articles
mentioned in paragraph 1 to "the
receiving state" shall be
construed as references to Ghana.
Paragraph 3—Repeal.
The Consular Conventions Ordinance
1952 (No.32 of 1952) is hereby
repealed.
Paragraph 4—Commencement.
This Decree shall come into
operation on such day as the
National Liberation Council may,
by legislative instrument,
appoint.
SCHEDULE
VIENNA CONVENTION ON CONSULAR
RELATIONS
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
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 persons 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 of
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 consular staff"
means consular officers, other
than the head of a consular post,
consular employee 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 safekeeping.
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
State in cases of succession
mortis cause 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
extra-judicial 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
sub-paragraph (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 in so far as this may be
authorised 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 refuses 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 inter-governmental
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 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
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
sub-paragraph (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
sub-paragraphs (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 posts
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 in 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 also be forwarded
by the said authorities without
delay. The said authorities shall
inform the person concerned
without delay of his rights under
this sub-paragraph;
(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 judgment. 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 of 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 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 deplomatic 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:
(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 counter-claim
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.
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 sub-paragraph (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 of 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 that
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 include
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
sub-paragraph (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 1 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:
coat-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 in so far 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 privilege 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 in so far 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 in so far 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 State 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.
Made this 17th day of March, 1967.
LT.-GEN. J. A. ANKRAH
Chairman of the National
Liberation Council
Date of Gazette Notification: 23rd
March, 1967. |