Decree of the Minister for Foreign Affairs No. 157 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Vienna Convention on Diplomatic Relations
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Effective from 25.04.1964
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157
DECLARATION
Minister for Foreign Affairs
of 10 June 1964
on the Vienna Convention on Diplomatic Relations.
On 18 April 1961 the Vienna Convention on Diplomatic Relations was negotiated and signed on behalf of the Czechoslovak Socialist Republic.
The Government agreed to the Convention on Diplomatic Relations on 7 March 1962 and the National Assembly on 6 March 1963. The President of the Republic ratified the Convention on 27 March 1963.
The Czechoslovak instrument of ratification to the Convention on Diplomatic Relations was deposited with the Secretary-General of the United Nations - depositary of the Convention - on 24 May 1963.
The Convention entered into force on 25 April 1964 on the basis of Article 51 (1) thereof and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
David v. r.
VIDENIC CONVENTION ON DIPLOMATIC STATUS
States Parties to this Convention,
Recalling that the people of all countries recognized from ancient times the position of diplomatic representatives,
having regard to the objectives and principles of the United Nations Charter on sovereign equality, maintaining international peace and security and promoting friendly relations between nations,
Believing that the International Convention on Diplomatic Relations, Privileges and Immunities will contribute to the development of friendly relations between nations, regardless of the differences in their constitutional and social establishment,
Recognising that the purpose of such privileges and immunities is not to benefit the individual but to ensure the effective performance of the functions of diplomatic missions representing States,
confirming that the rules of ordinary international law continue to govern matters which are not expressly covered by the provisions of this Convention,
agree on the following:
For the purposes of this Convention, the following terms shall have the following meaning:
(a) "Head of Mission" shall mean the person authorised by the sending State to carry out the duties associated with this function;
(b) "mission members" means the Head of Mission and members of mission staff;
(c) "mission staff" means members of diplomatic staff, administrative and technical staff as well as mission staff;
(d) "diplomatic staff" shall consist of members of mission staff of diplomatic rank;
(e) "diplomatic representative" shall mean the Head of Mission or a member of the diplomatic staff of the mission;
(f) "members of administrative and technical staff" means members of mission staff employed in the administrative or technical services of the mission;
(g) "staff members" means members of mission staff employed in the domestic service of the mission;
(h) "private servant" means a person who is employed in the domestic services of a member of the mission and who is not an employee of the sending State;
(i) "mission rooms" means buildings or parts of buildings and land adjacent thereto, irrespective of ownership, when used for the purpose of the mission, including the residence of the Head of Mission.
The establishment of diplomatic contacts between States and permanent diplomatic missions shall be done by mutual agreement.
1. The diplomatic mission shall, inter alia:
(a) represent the sending State in the receiving State;
(b) to protect the interests of the sending State and its members in a State receiving to the extent permitted by international law;
(c) conduct negotiations with the Government of the beneficiary State;
(d) establish conditions and developments in the beneficiary State by all legal means and report thereon to the Government of the sending State;
(e) promote friendly relations between the sending and receiving States and develop their economic, cultural and scientific contacts.
2. Nothing in this Convention will be interpreted as an obstacle to the performance of consular functions by the diplomatic mission.
1. The sending State must make sure that the receiving State has granted agrément to the person it intends to entrust as Head of Mission in that State.
2. The receiving State shall not be obliged to inform the sending State of the reasons for which it refused to grant the agrément.
1. The sending State may, after duly informing the beneficiary States concerned, entrust the Head of Mission or appoint any member of diplomatic staff in more than one State, as appropriate, if none of the beneficiary States raises any explicit objections.
2. If the sending State mandates the same Head of Mission in one or more other States, it may establish a diplomatic mission, managed by chargé d'affaires ad interiors in any State where the Head of Mission does not have a permanent seat.
3. The Head of Mission or any member of the diplomatic staff of the Mission may act as a representative of the sending State to any international organisation.
Two or more States may entrust the same person as Head of Mission in another State if the beneficiary State does not object.
Subject to the provisions of Articles 5, 8, 9 and 11, the sending State may freely appoint members of mission staff. In the case of military, marine or aviation allocations, the recipient State may request their name in advance for approval.
1. The members of the diplomatic staff of the Mission shall in principle be citizens of the sending State.
2. Members of diplomatic staff of the Mission may not be appointed from among the citizens of the beneficiary State, except where that State gives consent, which may be withdrawn at any time.
3. The recipient State may reserve the same right in respect of citizens of a third State who are not citizens of the sending State at the same time.
1. The receiving State may at any time and without the obligation to state the reasons for its decision to notify the sending State that the Head of Mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the mission staff is unacceptable. In such a case, the sending State shall, as appropriate, either withdraw the person or terminate his or her duties on the mission. A person may be declared non grata or unacceptable before entering the territory of the recipient State.
2. If the sending State refuses or omits within a reasonable period of time to comply with the obligation under paragraph 1 of this Article, the receiving State may refuse to recognise the person concerned as a member of the mission.
1. The Ministry of Foreign Affairs of the beneficiary State or any other Ministry which may be the subject of an agreement shall be informed of:
(a) the appointment, arrival and final departure of the members of the mission or the termination of their duties on 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 has become or has ceased to be a member of the family of a member of the mission;
(c) the arrival and final departure of private servants employed by the persons referred to in (a) of this paragraph and, where appropriate, the fact that they leave the employment of such persons;
(d) the hiring and dismissal of persons permanently established in the recipient State as members of a mission or of private servants entitled to privileges and immunities.
2. If possible, prior notice of arrival and final departure will be given.
1. If there is no special agreement on the number of mission personnel, the beneficiary State may require that the number of mission staff be maintained within the boundaries which it considers reasonable and normal, taking into account the circumstances and conditions in the recipient State and the needs of the mission concerned.
2. The beneficiary State may also refuse, within those limits and without discrimination, the admission of officials of a category.
The sending State may not, without the prior express consent of the receiving State, establish offices which are part of the mission in places other than those in which the mission is based.
1. The Head of Mission shall be deemed to have taken over his duties in the beneficiary State either as soon as he has submitted his credentials, or as soon as he has notified his arrival to the Ministry of Foreign Affairs of the beneficiary State or to another ministry of which an agreement may be made, a certified copy of his credentials in accordance with the practice in force in the beneficiary State, which shall be consistently respected.
2. The order of surrender of credentials or certified copies thereof shall be determined by the date and time of arrival of the Head of Mission.
1. The Heads of Mission shall be divided into three classes:
(a) ambassadors or nuncia mandates with Heads of State or other Heads of Mission of equivalent rank;
(b) ambassadors, ministers and internuncis, mandates with Heads of State;
(c) chargés d'affaires, mandates with foreign ministers.
2. With the exception of order and labelling, no distinction shall be made between the Heads of Mission with regard to their classification.
The States will agree on the class to which the heads of their missions will belong.
1. The Heads of Mission shall be ranked in accordance with the date and time of taking over their duties in accordance with Article 13.
2. A change in the credentials of the Head of Mission, which does not mean a change in class, does not affect his order.
3. This Article shall not affect any practice carried out by the beneficiary State as regards the rank of the Vatican representative.
The order of the members of the diplomatic staff of the Mission shall be communicated by the Head of Mission to the Ministry of Foreign Affairs or to any other ministry on which an agreement may be made.
Each State shall maintain a uniform procedure for the recruitment of mission leaders in each class.
1. If the Head of Mission is vacant or unable to perform his duties, the Head of Mission will, as the Head of Mission, temporarily perform the chargé d'affaires ad interior. The name chargé d'affaires ad interior will be notified either by the Head of Mission or, if it cannot do so by the Ministry of Foreign Affairs of the Sending State to the Ministry of Foreign Affairs of the Receiving State or by another Ministry which may be agreed upon.
2. In cases where no member of the diplomatic staff of the mission is present in the recipient State, a member of the administrative and technical staff may be designated by the sending State, with the agreement of the receiving State, in charge of the management of the normal administrative affairs of the mission.
The mission and its boss have the right to hang a flag and state emblem of the sending state in the mission rooms, including the residence of the head of the mission, and its means of transport.
1. The receiving State shall either facilitate the sending State to obtain the rooms necessary for the mission in its territory, in accordance with its laws, or help it to obtain the location of the mission in another way.
2. It will also help missions, if necessary, to provide suitable accommodation for their members.
1. Mission rooms are untouchable. The authorities of the receiving State shall not enter them unless the Head of Mission has given permission.
2. The beneficiary State shall have a special obligation to take all appropriate measures to protect the rooms of the mission from any intrusion or damage and to prevent any interference or damage to its dignity.
3. The rooms of the mission, their facilities and other property in them and the means of transport of the mission may not be subject to inspection, props, seizure or execution.
1. The sending State and the Head of Mission shall be exempt from all taxes and levies, national, regional or local, as regards the rooms of the mission of which they are owners or tenants, unless they are fees constituting payment for services actually proven.
2. Exemptions from taxation referred to in this Article shall not apply to such taxes and benefits to be paid under the laws of the beneficiary State by persons entering into a contractual relationship with the sending State or the Head of Mission.
The archives and documents of the mission shall be untouchable whenever and wherever they are found.
The receiving State shall facilitate the performance of the mission's functions as far as possible.
Subject to laws and regulations relating to areas where access is prohibited or modified for reasons of national security, the recipient State shall ensure freedom of residence and travel within its territory for all members of the mission.
1. The beneficiary State will allow and protect the free connection of the mission for all official purposes. In connection with the government, as well as other missions and consulates of the sending State wherever they are, the mission may use all appropriate media, including diplomatic couriers and coded or encrypted messages. However, the mission may only establish and use a radio station with the consent of the recipient State.
2. Official correspondence of the mission shall be untouchable. All correspondence related to the mission and its functions shall be understood under official correspondence.
3. Diplomatic post shall not be opened or detained.
4. Consignments representing diplomatic mail shall bear a clear external indication that they are diplomatic mail and may contain only diplomatic documents or items intended for official use.
5. A diplomatic courier, which shall be equipped with an official document indicating his status and the number of consignments representing diplomatic post, shall be protected by the recipient State in the performance of its duties. It shall enjoy personal integrity and shall in no way be arrested or detained.
6. The sending State or missions may designate ad hoc diplomatic couriers. In such cases, the provisions of paragraph 5 of this Article shall also apply, provided that the immunity listed therein ceases to apply as soon as such courier has submitted the diplomatic post to his place of destination.
7. Diplomatic post may be given to the captain of a civil aircraft landing at a permitted airport. The captain shall be provided with an official document indicating the number of consignments representing diplomatic mail but not being considered a diplomatic courier. The mission may send one of its members to take direct and freely diplomatic mail from the captain of the plane.
The fees and charges levied by the Mission in the exercise of its official duties shall be exempt from taxation.
The person of the diplomatic representative shall be inviolable. The diplomatic representative shall not be arrested or detained in any way. The beneficiary State shall treat it with due respect and shall take all appropriate measures to prevent any attack against its person, freedom or dignity.
1. The diplomatic representative's private residence shall enjoy the same integrity and protection as the mission room.
2. His documents, correspondence and, with the exception of the provisions of paragraph 3 of Article 31, his property shall also enjoy integrity.
1. The diplomatic representative shall be removed from the criminal jurisdiction of the recipient State. It shall also be excluded from its jurisdiction of civil and administrative, except where:
(a) a substantive action relating to private immovable property in the territory of the beneficiary State, unless it is held on behalf of the sending State for the purpose of the mission;
(b) an action relating to an inheritance in which the diplomatic representative is the executor of the last will, the administrator of the inheritance, the heir or the referee as a private person and not as an agent of the sending State;
(c) an action relating to any professional or commercial activity carried out by a diplomatic representative in the beneficiary State in addition to his official duties.
2. Diplomatic counsel is not required to testify as a witness.
3. Diplomatic representatives shall not be subject to enforcement measures, except in the cases referred to in points (a), (b) and (c) of paragraph 1 of this Article, and where the execution may be carried out without violating the integrity of the person or his residence.
4. The exemption of a diplomatic representative from the jurisdiction of the recipient State does not entail its exemption from the jurisdiction of the sending State.
1. The sending State may waive the exemption from the jurisdiction of diplomatic representatives and beneficiaries of immunity under Article 37.
2. The waiver must always be made explicitly.
3. Where a diplomatic representative or a beneficiary of immunity pursuant to Article 37 starts proceedings, he may not rely on an exemption from jurisdiction in respect of eligible claims directly linked to the main action.
4. The waiver of jurisdiction in civil or administrative matters shall not be considered to involve the waiver of immunity in the execution of a judgment for which a specific waiver is required.
1. Subject to paragraph 3 of this Article, a diplomatic representative shall be excluded from the provisions on social security which may apply in the recipient State in respect of services performed for the sending State.
2. The exemption provided for in paragraph 1 of this Article shall also apply to private servants employed exclusively by a diplomatic representative, provided that:
(a) that they are not citizens of or resident in the recipient State;
(b) they are subject to social security provisions which may apply in the sending State or in a third State.
3. A diplomatic representative who employs persons not covered by the exemption provided for in paragraph 2 of this Article shall be obliged to fulfil the obligations imposed on employers by the provisions on social security of the beneficiary State.
4. The exemption provided for in paragraphs 1 and 2 of this Article shall not prevent voluntary participation in the social security of the beneficiary State where such participation is permitted by that State.
5. The provisions of this Article shall not affect bilateral or multilateral social security arrangements previously negotiated and shall not prevent such arrangements from being negotiated in the future.
The diplomatic representative shall be exempt from all taxes and benefits, personal or in-kind, national, regional or local, except:
(a) indirect taxes normally included in the price of goods or services;
(b) taxes and levies on private immovable property in the territory of the beneficiary State, unless it is owned by the sending State for the purpose of the mission;
(c) survivors', successors' or heirs' fees levied by the beneficiary State, subject to the provisions of paragraph 4 of Article 39;
(d) taxes and private income taxes which have a source in the territory of the beneficiary State and capital taxes on investments entered into commercial undertakings in the recipient State;
(e) fees levied as remuneration for special services actually established;
(f) registration, judicial, mortgage and real estate charges, subject to Article 23.
The beneficiary State shall exempt diplomatic representatives from all personal services, from all public services of any kind and from all military duties such as props, military contributions and accommodation obligations.
1. In accordance with the laws and regulations which it may issue, the beneficiary State shall allow imports and shall grant exemption from all customs duties, taxes and associated charges, other than storage, removal and similar services:
(a) for articles intended for the official use of the mission;
(b) for items intended for the personal need of a diplomatic representative or of members of his family forming part of his household, including items intended for his establishment.
2. The personal luggage of a diplomatic representative shall not be subject to a customs inspection unless there are serious grounds to believe that it contains articles which do not benefit from the exemption referred to in paragraph 1 of this Article or articles whose import or export is prohibited by laws or regulations of the receiving State. Such inspection shall be carried out only in the presence of a diplomatic representative or his agent.
1. Members of the family of a diplomatic representative forming part of his household shall enjoy, if they are not citizens of the recipient State, the privileges and immunities referred to in Articles 29 to 36.
2. Members of the administrative and technical staff, together with members of their families forming part of their household, shall enjoy, or not be permanently established in, the privileges and immunities referred to in Articles 29 to 35, except that the exemption from the civil and administrative jurisdiction of the recipient State referred to in paragraph 1 of Article 31 shall not apply to activities carried out outside their duties. They shall also enjoy the privileges referred to in Article 36 (1) in respect of articles imported at the time of their first establishment.
3. Members of mission staff who are not citizens of, or who are not permanently resident in, the beneficiary State shall enjoy immunity in respect of the activity carried out under their duties, shall be exempt from the taxes and fees they receive on account of their employment and shall enjoy the exemption provided for in Article 33.
4. Private servants in the service of members of the mission, if the citizens of the recipient State are not or are not permanently established there, shall be exempt from the taxes and fees they receive on account of their employment. However, the receiving State must exercise its jurisdiction over those persons in such a way as to avoid undue interference with the performance of the mission's functions.
1. In addition to other privileges and immunities which may be granted to it by the recipient State, a diplomatic representative who is a citizen of or permanently resides in that State shall enjoy only immunity from jurisdiction and integrity in respect of official activities performed in the performance of its functions.
2. Other members of mission staff and private servants who are citizens of or permanently residing in the recipient State shall enjoy privileges and immunities only to the extent permitted by the receiving State. However, the beneficiary State must exercise its jurisdiction over those persons in such a way as to avoid undue interference with the performance of the mission's functions.
1. Any person entitled to privileges and immunities shall enjoy them once he has entered the territory of the beneficiary State to take his place or, if he is already on his territory, once his appointment has been notified to the Ministry of Foreign Affairs or to another ministry which may be agreed upon.
2. When the status of a person enjoying privileges and immunities is terminated, such privileges and immunities shall normally end when he leaves the country or after a reasonable period of time has elapsed in which he is to do so, but shall continue until that time even in the event of armed conflict. However, immunity shall continue in respect of actions undertaken by that person in the performance of his duties as a member of the mission.
3. In the event of the death of a member of the mission, members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the end of the reasonable period in which they are to leave the country.
4. If a member of a mission who is not a citizen of or permanently residing in the recipient State or a member of his family who is part of his household dies, the recipient State shall authorise the removal of the movable property of the deceased, except for those acquired in the country and whose export was prohibited at the time of death. Residency, succession and inheritance fees shall not be levied on movable property which has been in the territory of the beneficiary State only as a result of the presence of the deceased there as a member of the mission or as a member of the family of the member of the mission.
1. If a diplomatic representative passes through the territory or is in the territory of a third State which has provided him with a visa, if the visa is required to take his place or return to his place, the third State shall ensure that he is inviolable and such other immunity is required to ensure his transit or return. The same shall apply to members of his family enjoying privileges and immunities who accompany or travel separately to, or return to, diplomatic representatives.
2. In circumstances similar to those referred to in paragraph 1 of this Article, third States shall not prevent members of the administrative, technical or service staff of the Mission and their families from crossing their territory.
3. Third States shall provide official correspondence and other official communications passing through their territory, including communications encoded or encrypted, the same freedom and protection as provided by the beneficiary State. They shall provide diplomatic couriers who have been granted visas, if necessary, and diplomatic post offices in transit with the same integrity and protection as the beneficiary State is obliged to provide.
4. The obligations of third States referred to in paragraphs 1, 2 and 3 of this Article shall also apply to persons referred to in those paragraphs and to official communications and diplomatic mail whose presence in the territory of a third State is due to force majeure.
1. Subject to their privileges and immunities, all persons enjoying such privileges and immunities shall be obliged to comply with the laws and regulations of the recipient State. They are also obliged not to interfere in the internal affairs of that State.
2. All official meetings with the beneficiary State in charge of the mission by the sending State shall be conducted with, or through, the Ministry of Foreign Affairs of the beneficiary State or any other ministry for which the agreement may be made.
3. The Mission Room shall not be used in a manner incompatible with the functions of the Mission as laid down in this Convention or other rules of general international law or in specific agreements applicable between the State sending and receiving States.
The diplomatic representative shall not engage in any occupation or business activity for personal benefit in the beneficiary State.
The post of diplomatic representative shall end, inter alia:
(a) a communication from the sending State to the receiving State that the post of diplomatic representative has ceased;
(b) by notifying the beneficiary State that, pursuant to paragraph 2 of Article 9, it refuses to recognise the diplomatic representative as a member of the mission.
The beneficiary State must, even in the event of an armed conflict, grant beneficiaries of privileges and immunities, if they are not members of the beneficiary State, and members of the families of those persons, irrespective of their jurisdiction, the benefits of allowing them to leave as early as possible. In particular, they shall make available to them, if necessary, the means of transport necessary for their transport and transport of their property.
If diplomatic relations between two States are interrupted, or if the mission has been permanently or temporarily withdrawn:
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 157 / 1964 Coll., on the Vienna Convention on Diplomatic Relations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.1964 |
|---|---|
| Effective from | 25.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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