DIPLOMATIC IMMUNITIES ACT, 1962
(ACT 148)
ARRANGEMENT OF SECTIONS
Section
1. Articles to have Force of Law.
2. International Organisations.
3. Repeals.
4. Commencement.
SCHEDULE
Schedule
THE HUNDRED AND FORTY-EIGHTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA ENTITLED
THE DIPLOMATIC IMMUNITIES ACT,
1962
AN ACT to enable effect to be
given to the Vienna Convention on
Diplomatic Relations signed in
Vienna on the eighteenth day of
April, one thousand nine hundred
and sixty-one, and for purposes
connected therewith.
DATE OF ASSENT: 7th November, 1962
WHEREAS a Convention entitled the
Vienna Convention on Diplomatic
Relations the fact of which is set
out in the Schedule to this Act,
and is in this Act referred to as
"the Vienna Convention" was signed
on behalf of the Government of
Ghana in Vienna on the eighteenth
day of April, one thousand nine
hundred and sixty-one, for
promoting friendly relations among
nations by establishing in common
agreement uniform principles and
rules relating to diplomatic
intercourse, privileges and
immunities:
AND WHEREAS it is decided to give
effect to the Vienna Convention
and to provide, so far as
necessary, that its provisions
shall have the force of law in
Ghana:
AND WHEREAS it is intended that
the Vienna Convention shall
replace the Diplomatic Privileges
Ordinance conferring immunities
and privileges on staffs,
representatives and members of
committees of, and persons on
missions on behalf of, certain
international organisations and in
respect of the property, premises
and documents of such
organisations:
NOW THEREFORE BE IT ENACTED by the
President and the National
Assembly in this present
Parliament assembled as follows:—
Section 1—Articles to Have Force
of Law.
Articles 22, 23, 24, and 27 to 40
of the Vienna Convention (which
regulate the immunities and
privileges, including exemption
from taxation, freedom of
communication, inviolability of
premises and immunity from civil
and criminal jurisdiction, to be
conferred upon diplomatic agents)
shall have the force of law and
references therein to the
receiving State shall, for this
purpose, be construed as
references to the Republic.
Section 2—International
Organisations.
The President may, by legislative
instrument, make Regulations
extending any or all of the
immunities and privileges
conferred on diplomatic agents by
virtue of this Act to prescribed
organisations and prescribed
representatives and officials,
subject to such conditions and
limitations as may be prescribed.
Section 3—Repeals.
(1) The Diplomatic Privileges
Ordinance (Cap. 268) and the
Diplomatic Immunities Commonwealth
Countries) Ordinance, 1957 (No.
22) are repealed.
(2) Pending the making of
regulations under section 2 of
this Act, organisations and
persons to whom the Diplomatic
Privileges Ordinance applied shall
continue to be entitled to the
privileges and immunities
conferred by that Ordinance, so
far as they are not inconsistent
with the provisions of the Vienna
Convention to which section 2 of
this Act applies.
Section 4—Commencement.
This Act shall come into operation
on such day as the President may,
by legislative instrument,
appoint.
SCHEDULE
SCHEDULE—VIENNA CONVENTION ON
DIPLOMATIC RELATIONS
The States Parties to the Present
Convention.
Recalling that peoples of all
nations from ancient times have
recognised the status of
diplomatic agents,
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,
Believing that an international
convention on diplomatic
intercourse, privileges, and
immunities would contribute to the
development of friendly relations
among nations, irrespective of
their differing constitutional and
social system,
Realising that the purpose of such
privileges and immunities is not
to benefit individuals but to
ensure the efficient performance
of the functions of diplomatic
missions as representing States,
Affirming that the rules of
customary international law should
continue to govern questions not
expressly regulated by the
provisions of the present
Convention,
Have agreed as follows:
Article 1
For the purpose of the present
Convention, the following
expressions shall have the
meanings hereunder assigned to
them:
(a) the "head of the mission" is
the person charged by the sending
State with the duty of acting in
that capacity;
(b) the "members of the mission"
are the head of the mission and
the members of the staff of the
mission;
(c) the "members of the staff of
the mission" are the members of
the diplomatic staff, of the
administrative and technical staff
and of the service staff of the
mission;
(d) the "members of the diplomatic
staff" are the members of the
staff of the mission having
diplomatic rank;
(e) a "diplomatic agent" is the
head of the mission or a member of
the diplomatic staff of the
mission;
(f) the "members of the
administrative and technical
staff" are the members of the
staff of the mission employed in
the administrative and technical
service of the mission;
(g) the "members of the service
staff" are the members of the
staff of the mission in the
domestic service of the mission;
(h) a "private servant" is a
person who is in the domestic
service of a member of the mission
and who is not an employee of the
sending State;
(i)
the "premises of the mission" are
the buildings or parts of
buildings and the land ancillary
thereto, irrespective of
ownership, used for the purposes
of the mission including the
residence of the head of the
mission.
Article 2
The establishment of diplomatic
relations between States, and of
permanent diplomatic missions,
takes place by mutual consent.
Article 3
1. The functions of a diplomatic
mission consist inter alia in:
(a) representing the sending State
in the receiving State;
(b) protecting in the receiving
State the interests of the sending
State and of its nationals, within
the limits permitted by
international law;
(c) negotiating with the
Government of the receiving State;
(d) ascertaining by all lawful
means conditions and developments
in the receiving state and
reporting thereon to the
government of the sending State;
(e) promoting friendly relations
between the sending State and the
receiving State, and developing
their economic, cultural and
scientific relations.
2. Nothing in the present
Convention shall be construed as
preventing the performance of
consular functions by a diplomatic
mission.
Article 4
1. The sending State must make
certain that the agreément of the
receiving State has been given for
the person it proposes to accredit
as head of the mission to that
State.
2. The receiving State is not
obliged to give reasons to the
sending State for a refusal of
agreément.
Article 5
1. The sending State may, after it
has given due notification to the
receiving State concerned,
accredit a head of mission or
assign any member of the
diplomatic staff, as the case may
be, to more than one State, unless
there is express objection by any
of the receiving States.
2. If the sending State accredits
a head of mission to one or more
other States it may establish a
diplomatic mission headed by a
chargé d’affaires ad interim in
each State where the head of
mission has not his permanent
seat.
3. A head of mission or any
member of the diplomatic staff of
the mission may act as
representative of the sending
state to any international
organisation.
Article 6
Two or more States may accredit
the same person as head of mission
to another State, unless objection
is offered by the receiving State.
Article 7
Subject to the provisions of
Articles 5, 8, 9 and 11, the
sending State may freely appoint
the members of the staff of the
mission. In the case of military,
naval or air attachés, the
receiving State may require their
names to be submitted beforehand
for its approval.
Article 8
1. Members of the diplomatic staff
of the mission should in principle
be of the nationality of the
sending State.
2. Members of the diplomatic staff
of the mission may not be
appointed from among persons
having the nationality of the
receiving State, except with the
consent of that State which may be
withdrawn at any time.
3. The receiving State may reserve
the same right with regard to
nationals of a third State who are
not also nationals of the sending
State.
Article 9
1. The receiving State may at any
time and without having to explain
its decision, notify the sending
State that the head of the mission
or any member of the diplomatic
staff of the mission is persona
non grata or that any other member
of the staff of the mission is not
acceptable. In any such case, the
sending State shall, as
appropriate, either recall the
person concerned or terminate his
functions with the mission. A
person may be declared non grata
or not acceptable before arriving
in the territory of the receiving
State.
2. If the sending State refuses or
fails within a reasonable period
to carry out its obligations under
paragraph 1 of this Article, the
receiving State may refuse to
recognise the person concerned as
a member of the mission.
Article 10
1. The Ministry for Foreign
Affairs of the receiving State, or
such other ministry as may be
agreed, shall be notified of:
(a) the appointment of members of
the mission, their arrival and
their final departure or the
termination of their functions
with the mission;
(b) the arrival and final
departure of a person belonging to
the family of a member of the
mission and, where appropriate,
the fact that a person becomes or
ceases to be a member of the
family of a member of the mission;
(c) the arrival and final
departure of private servants in
the employ of persons referred to
in sub-paragraph (a) of this
paragraph and, where appropriate,
the fact that they are leaving the
employ of such persons;
(d) the engagement and discharge
of persons resident in the
receiving State as members of the
mission or private servants
entitled to privileges and
immunities.
(2) Where possible, prior
notification of arrival and final
departure shall also be given.
Article 11
1. In the absence of specific
agreement as to the size of the
mission, the receiving State may
require that the size of a mission
be kept within limits considered
by it to be reasonable and normal,
having regard to circumstances and
conditions in the receiving State
and to the needs of the particular
mission.
2. The receiving State may
equally, within similar bounds and
on a non-discriminatory basis,
refuse to accept officials of a
particular category.
Article 12
The sending State may not, without
the prior express consent of the
receiving State, establish offices
forming part of the mission in
localities other than those in
which the mission itself is
established.
Article 13
1. The head of the mission is
considered as having taken up his
functions in the receiving State
either when he has presented his
credentials or when he has
notified his arrival and a true
copy of his credentials has been
presented to the Ministry for
Foreign Affairs of the receiving
State, or such other ministry as
may be agreed, in accordance with
the practice prevailing in the
receiving State which shall be
applied in a uniform manner.
2. The order of presentation of
credentials or of a true copy
thereof will be determined by the
date and time of the arrival of
the head of the mission.
Article 14
1. Heads of mission are divided
into three classes, namely:
(a) that of ambassadors or nuncios
accredited to Heads of State, and
other heads of mission of
equivalent rank;
(b) that of envoys, ministers and
internuncios accredited to Heads
of State;
(c) that of chargé d'affaires
accredited to Ministers for
Foreign Affairs.
Except as concerns precedence and
etiquette, there shall be no
differentiation between heads of
mission by reason of their class.
Article 15
The class to which the heads of
their missions are to be assigned
shall be agreed between States.
Article 16
1. Heads of mission shall take
precedence in their respective
classes in the order of the date
and time of taking up their
functions in accordance with
Article 13.
2. Alterations in the credentials
of a head of mission not involving
any change of class shall not
affect his precedence.
3. This article is without
prejudice to any practice accepted
by the receiving State regarding
the precedence of the
representative of the Holy See.
Article 17
The precedence of the members of
the diplomatic staff of the
mission shall be notified by the
head of the mission to the
Ministry for Foreign Affairs or
such other ministry as may be
agreed.
Article 18
The procedure to be observed in
each State for the reception of
heads of mission shall be uniform
in respect of each class.
Article 19
1. If the post of head of the
mission is vacant, or if the head
of the mission is unable to
perform his functions, a chargé
d'affaires ad interim shall act
provisionally as head of the
mission. The name of the charge
d'affaires ad interim shall be
notified, either by the head of
the mission or, in case he is
unable to do so, by the Ministry
for Foreign Affairs of the sending
State to the Ministry for Foreign
Affairs of the receiving State or
such other ministry as may be
agreed.
2. In cases where no member of the
diplomatic staff of the mission is
present in the receiving State, a
member of the administrative and
technical staff may, with the
consent of the receiving State, be
designated by the sending State to
be in charge of the current
administrative affairs of the
mission.
Article 20
The mission and its head shall
have the right to use the flag and
emblem of the sending State on the
premises of the mission, including
the residence of the head of the
mission, and on his means of
transport.
Article 21
1. The receiving State shall
either facilitate the acquisition
on its territory, in accordance
with its laws, by the sending
State of premises necessary for
its mission or assist the latter
in obtaining accommodation in some
other way.
2. It shall also, where necessary,
assist missions in obtaining
suitable accommodation for their
members.
Article 22
1. The premises of the mission
shall be inviolable. The agents
of the receiving State may not
enter them, except with the
consent of the head of the
mission.
2. The receiving State is under a
special duty to take all
appropriate steps to protect the
premises of the mission against
any intrusion or damage and to
prevent any disturbance of the
peace of the mission or impairment
of its dignity.
3. The premises of the mission,
their furnishings and other
property thereon and the means of
transport of the mission shall be
immune from search, requisition,
attachment or execution.
Article 23
1. The sending State and the head
of the mission shall be exempt
from all national, regional or
municipal dues and taxes in
respect of the premises of the
mission, whether owned or leased,
other than such as represent
payment for specific services
rendered.
2. The exemption from taxation
referred to in this Article shall
not apply to such dues and taxes
payable under the law of the
receiving State by persons
contracting with the sending State
or the head of the mission.
Article 24
The archives and documents of the
mission shall be inviolable at any
time and wherever they may be.
Article 25
The receiving State shall accord
full facilities for the
performance of the functions of
the mission.
Article 26
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 to all members of the
mission freedom of movement and
travel in its territory.
Article 27
1. The receiving State shall
permit and protect free
communication on the part of the
mission for all official purposes.
In communicating with the
Government and the other missions
and consulates of the sending
State, wherever situated, the
mission may employ all appropriate
means, including diplomatic
couriers and messages in code or
cipher. However, the mission may
install and use a wireless
transmitter only with the consent
of the receiving State.
2. The official correspondence of
the mission shall be inviolable.
Official correspondence means all
correspondence relating to the
mission and its functions.
3. The diplomatic bag shall not be
opened or detained.
4. The packages constituting the
diplomatic bag must bear visible
external marks of their character
and may contain only diplomatic
documents or articles intended for
official use.
5. The diplomatic courier, who
shall be provided with an official
document indicating his status and
the number of packages
constituting the diplomatic bag,
shall be protected by the
receiving State in the performance
of his functions. He shall enjoy
personal inviolability and shall
not be liable to any form of
arrest or detention.
6. The sending State or the
mission may designate diplomatic
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 diplomatic
bag in his charge.
7. A diplomatic bag may be
entrusted to the captain of a
commercial aircraft scheduled to
land at an authorised port of
entry. He shall be provided with
an official document indicting the
number of packages constituting
the bag but he shall not be
considered to be a diplomatic
courier. The mission may send one
of its members to take possession
of the diplomatic bag directly and
freely from the captain of the
aircraft.
Article 28
The fees and charges levied by the
mission in the course of its
official duties shall be exempt
from all dues and taxes.
Article 29
The person of a diplomatic agent
shall be inviolable. He shall not
be liable to any form of arrest or
detention. The receiving State
shall treat him with due respect
and shall take all appropriate
steps to prevent any attack on his
person, freedom or dignity.
Article 30
1. The private residence of a
diplomatic agent shall enjoy the
same inviolability and protection
as the premises of the mission.
2. His papers, correspondence and,
except as provided in paragraph 3
of Article 31, his property, shall
likewise enjoy inviolability.
Article 31
1. A diplomatic agent shall enjoy
immunity from the criminal
jurisdiction of the receiving
State. He shall also enjoy
immunity from its civil and
administrative jurisdiction,
except in the case of:
(a) a real action relating to
private immovable property
situated in the territory of the
receiving State, unless he holds
it on behalf of the sending State
for the purpose of the mission;
(b) an action relating to
succession in which the diplomatic
agent is involved as executor,
administrator, heir or legatee as
a private person and not on behalf
of the sending State;
(c) an action relating to any
professional commercial activity
exercised by the diplomatic agent
in the receiving State outside his
official functions.
2. A diplomatic agent is not
obliged to give evidence as a
witness.
3. No measures of execution may be
taken in respect of a diplomatic
agent except in the cases coming
under sub-paragraphs (a), (b) and
(c) of paragraph 1 of this
Article, and provided that the
measures concerned can be taken
without infringing the
inviolability of his person or of
his residence.
4. The immunity of a diplomatic
agent from the jurisdiction of the
receiving State does not exempt
him from the jurisdiction of the
sending State.
Article 32
1. The immunity from jurisdiction
of diplomatic agents and of
persons enjoying immunity under
Article 37 may be waived by the
sending State.
2. Waiver must always be express.
3. The initiation of proceedings
by a diplomatic agent or by a
person enjoying immunity from
jurisdiction under Article 37
shall preclude him from invoking
immunity from jurisdiction in
respect of any counterclaim
directly connected with the
principal claim.
4. Waiver of immunity from
jurisdiction in respect of civil
or administrative proceedings
shall not be held to imply waiver
of immunity in respect of the
execution of the judgment, for
which a separate waiver shall be
necessary.
Article 33
1. Subject to the provisions of
paragraph 3 of this Article a
diplomatic agent shall with
respect to services rendered for
the sending State 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
also apply to private servants who
are in the sole employ of a
diplomatic agent, 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
may be in force in the sending
State or a third State.
3. A diplomatic agent who employs
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.
5. The provisions of this Article
shall not affect bilateral or
multilateral agreements concerning
social security concluded
previously and shall not prevent
the conclusion of such agreements
in the future.
Article 34
A
diplomatic agent 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 and taxes on private
immovable property situated in the
territory of the receiving State,
unless he holds it on behalf of
the sending State for the purpose
of the mission;
(c) estate, succession or
inheritance duties levied by the
receiving State, subject to the
provisions of paragraph 4 of
Article 39;
(d) dues and taxes on private
income having its source in the
receiving State and capital taxes
on investments made in commercial
undertakings in the receiving
State;
(e) charges levied for specific
services rendered;
(f) registration, court or record
fees, mortgage dues and stamp
duty, with respect to immovable
property, subject to the
provisions of Article 23.
Article 35
The receiving State shall exempt
diplomatic agents 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 36
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 mission;
(b) articles for the personal use
of a diplomatic agent or members
of his family forming part of his
household, including articles
intended for his establishment.
2. The personal baggage of a
diplomatic agent shall be exempt
from inspection, unless there are
serious grounds for presuming that
it contains articles not covered
by the exemptions mentioned in
paragraph 1 of this Article, or
articles the import or export of
which is prohibited by the law or
controlled by the quarantine
regulations of the receiving
State. Such inspection shall be
conducted only in the presence of
the diplomatic agent or of h is
authorized representative.
Article 37
1. The members of the family of a
diplomatic agent forming part of
his household shall, if they are
not nationals of the receiving
State, enjoy the privileges and
immunities specified in Articles
29 to 36.
2. Members of the administrative
and technical staff of the
mission, together with members of
their families forming part of
their respective households,
shall, if they are not nationals
of or permanently resident in the
receiving state, enjoy the
privileges and immunities
specified in Articles 29 to 35,
except that the immunity from
civil and administrative
jurisdiction of the receiving
State specified in paragraph 1 of
Article 31 shall not extend to
acts performed outside the course
of their duties. They shall also
enjoy the privileges specified in
Article 36, paragraph 1, in
respect of articles imported at
the time of first installation.
3. Members of the service staff of
the mission who are not nationals
of or permanently resident in the
receiving State shall enjoy
immunity in respect of acts
performed in the course of their
duties, exemption from dues and
taxes on the emoluments they
receive by reason of their
employment and the exemption
contained in Article 33.
4. Private servants of members of
the mission shall, if they are not
nationals of or permanently
resident in the receiving State,
be except from dues and taxes on
the emoluments they receive by
reason of their employment. In
other respects, they may enjoy
privileges and immunities only to
the extent admitted by the
receiving State. However, the
receiving State must exercise its
jurisdiction over those persons in
such a manner as not to interfere
unduly with the performance of the
functions of the mission.
Article 38
1. Except insofar as additional
privileges and immunities may be
granted by the receiving State, a
diplomatic agent who is a national
of or permanently resident in that
State shall enjoy only immunity
from jurisdiction, and
inviolability, in respect of
official acts performed in the
exercise of his functions.
2. Other members of the staff of
the mission and private servants
who are nationals of or
permanently resident in the
receiving State shall enjoy
privileges and immunities only to
the extent admitted by the
receiving State. However, the
receiving State must exercise its
jurisdiction over those persons in
such a manner as not to interfere
unduly with the performance of the
functions of the mission.
Article 39
1. Every person entitled to
privileges and immunities shall
enjoy them from the moment he
enters the territory of the
receiving State on proceeding to
take up his post or, if already in
its territory, from the moment
when his appointment is notified
to the Ministry for Foreign
Affairs or such other ministry as
may be agreed.
2. When the functions of a person
enjoying privileges and immunities
have come to an end, such
privileges and immunities shall
normally cease at the moment when
he leaves the country or on expiry
of a reasonable period in which to
do so, but shall subsist until
that time, even in case of armed
conflict. However, with respect
to acts performed by such a person
in the exercise of his functions
as a member of the mission,
immunity shall continue to
subsist.
3. In case of the death of a
member of the mission, the members
of his family shall continue to
enjoy the privileges and
immunities to which they are
entitled until the expiry of a
reasonable period in which to
leave the country.
4. In the event of the death of a
member of the mission not a
national of or permanently
resident in the receiving State or
a member of his family forming
part of his household, the
receiving State shall permit the
withdrawal of the movable property
of the deceased, with the
exception of any property acquired
in the country the export of which
was prohibited at the time of his
death. Estate, succession and
inheritance duties shall not be
levied on movable property the
presence of which in the receiving
State was due solely to the
presence there of the deceased as
a member of the mission or as a
member of the family of a member
of the mission.
Article 40
1. If a diplomatic agent passes
through or is in the territory of
a third State, which has granted
him a passport visa if such visa
was necessary, while proceeding to
take up or to return to his post,
or when returning to his own
country, the third State shall
accord him inviolability and such
other immunities as may be
required to ensure his transit or
return. The same shall apply in
the case of any members of his
family enjoying privileges or
immunities who are accompanying
the diplomatic agent, or
travelling separately to join him
or to return to their country.
2. In circumstances similar to
those specified in paragraph 1 of
this Article, third States shall
not hinder the passage of the
members of the administrative and
technical or service staff of a
mission, and of members of their
families, through their
territories.
3. Third States shall accord to
official correspondence and other
official communications in
transit, including messages in
code or cipher, the same freedom
and protection as is accorded by
the receiving State. They shall
accord to diplomatic couriers, who
have been granted a passport visa
if such visa was necessary and
diplomatic bags in transit the
same inviolability and protection
as the receiving State is bound to
accord.
4. The obligations of third States
under paragraphs 1, 2 and 3 of
this Article shall also apply to
the persons mentioned respectively
in those paragraphs, and to
official communications and
diplomatic bags, whose presence in
the territory of the third State
is due to force majeure.
Article 41
1. Without prejudice to their
privileges and immunities, it is
the duty of all persons enjoying
such privileges and immunities to
respect the laws and regulations
of the receiving State. They also
have a duty not to interfere in
the internal affairs of that
State.
2. All official business with the
receiving State entrusted to the
mission by the sending State shall
be conducted with or through the
Ministry for Foreign Affairs of
the receiving State or such other
ministry as may be agreed.
3. The premises of the mission
must not be used in any manner
incompatible with the functions of
the mission as laid down in the
present Convention or by other
rules of general international law
or by any special agreements in
force between the sending and the
receiving State.
Article 42
A
diplomatic agent shall not in the
receiving State practice for
personal profit any professional
or commercial activity.
Article 43
The function of a diplomatic agent
comes to an end, inter alia:
(a) on notification by the sending
State to the receiving State that
the function of the diplomatic
agent has come to an end;
(b) on notification by the
receiving State to the sending
State that, in accordance with
paragraph 2 of Article 9, it
refuses to recognise the
diplomatic agent as a member of
the mission.
Article 44
The receiving State must, even in
case of armed conflict grant
facilities in order to enable
persons enjoying privileges and
immunities, other than nationals
of the receiving State, and
members of the families of such
persons irrespective of their
nationality, to leave at the
earliest possible moment. It
must, in particular, in case of
need, place at their disposal the
necessary means of transport for
themselves and their property.
Article 45
If diplomatic relations are broken
off between two States, or if a
mission is permanently or
temporarily recalled:
(a) the receiving State must, even
in case of armed conflict, respect
and protect the premises of the
mission, together with its
property and archives;
(b) the sending State may entrust
the custody of the premises of the
mission, together with its
property and 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.
Article 46
A
sending State may with the prior
consent of a receiving State, and
at the request of a third State
not represented in the receiving
State, undertake the temporary
protection of the interests of the
third State and of its nationals.
Article 47
1. In the application of the
provisions of the present
Convention, the receiving State
shall not discriminate as between
States.
2. However, discrimination shall
not be regarded as taking place:
(a) where the receiving State
applies any of the provisions of
the present Convention
restrictively because of a
restrictive application of that
provision to its mission in the
sending State;
(b) where by custom or agreement
States extend to each other more
favourable treatment than is
required by the provisions of the
present Convention.
Article 48
The present Convention shall be
open for signature by all States
Members of the United Nations or
of any of the specialised 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 31st
October, 1961 at the Federal
Ministry for Foreign Affairs of
Austria and subsequently, until
31st March, 1962, at the United
Nations Headquarters in New York.
Article 49
The present Convention is subject
to ratification. The instruments
of ratification shall be deposited
with the Secretary-General of the
United Nations.
Article 50
The present Convention shall
remain open for accession by any
State belonging to any of the four
categories mentioned in Article
48. The instruments of accession
shall be deposited with the
Secretary-General of the United
Nations.
Article 51
1. The present Convention shall
enter into force on the thirtieth
day following the date of deposit
of the twenty-second instrument of
ratification or accession with the
Secretary-General of the United
Nations.
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 52
The Secretary-General of the
United Nations shall inform all
States belonging to any of the
four categories mentioned in
Article 48:
(a) of signatures to the present
Convention and of the deposit of
instruments of ratification or
accession, in accordance with
Articles 48, 49 and 50;
(b) of the date on which the
present Convention will enter into
force, in accordance with Article
51.
Article 53
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 48.
IN WITNESS WHEREOF the undersigned
Plenipotentiaries, being duly
authorised thereto by their
respective Governments, have
signed the present Convention.
DONE AT VIENNA, this eighteenth
day of April, one thousand nine
hundred and sixty-one.
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