Decree of the Minister for Foreign Affairs No. 40 / 1987 Coll.
Decree of the Minister for Foreign Affairs on the Convention on Special Missions
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Effective from 21.06.1985
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40
DECLARATION
Minister for Foreign Affairs
of 6 February 1987
concerning the Convention on specific missions
The Convention on Special Missions was negotiated in New York on 8 December 1969.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and the Charter on Access of the Czechoslovak Socialist Republic to the Convention on Special Missions was deposited with the Secretary-General of the United Nations, the depositary of the Convention, on 1 October 1976.
The Convention entered into force on 21 June 1985 on the basis of Article 53 (1) and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION ON SPECIFIC MISSIONS
States Parties to this Convention,
Recalling that special missions have always been granted special treatment,
Bearing in mind the objectives and principles of the United Nations Charter on sovereign equality of states, maintaining international peace and security and developing friendly relations and cooperation between states,
Recalling that the importance of the special missions issue was recognised during the United Nations Conference on Diplomatic Relations and Immunities and in Resolution I adopted by the Conference on 10 April 1961,
Taking into account that the United Nations Conference on Diplomatic Relations and Immunities adopted the Vienna Convention on Diplomatic Relations, which was opened for signature on 18 April 1961,
Considering that the United Nations Conference on Consular Relations adopted the Vienna Convention on Consular Relations, which was opened for signature on 24 April 1963,
Believing that the international convention on special missions will complement these two conventions and contribute to the development of friendly relations between nations, regardless of their constitutional and social establishment,
Recognising that the purpose of the privileges and immunities of special missions is not to benefit the individual but to ensure the effective performance of the functions of special missions as missions representing the State,
confirming that the rules of ordinary international law continue to govern matters which are not governed by the provisions of this Convention,
agree on the following:
Use of expressions
For the purposes of this Convention:
(a) a "special mission" is a temporary mission, representing a State which is seconded by one State to another State with its consent, for the purpose of negotiating with it on certain issues, or for the purpose of carrying out a particular task in relation to that other State;
(b) "permanent diplomatic mission" is a diplomatic mission within the meaning of the Vienna Convention on diplomatic relations;
(c) the "consular office" is the Consulate General, the consulate, the vice-consulate or the consular office;
(d) "Head of the Special Mission" means the person authorised by the Sending State to carry out the duties associated with this function;
(e) "representative of the sending State on a special mission" means any person to whom the sending State has granted this function;
(f) "members of a special mission" means the heads of a special mission, representatives of the sending State in a special mission, and members of staff of the special mission;
(g) "Special mission staff" means members of diplomatic staff, administrative and technical staff and staff of the special mission;
(h) "members of diplomatic staff" means members of staff of a special mission who have diplomatic status for the purposes of a special mission;
(i) "members of administrative and technical staff" means members of staff of a special mission employed in the administrative and technical service of a special mission;
(j) "staff members" means staff members of a special mission, employed as domestic workers or for similar tasks;
(k) "private staff" means persons employed exclusively in the private service of members of a special mission.
Mission of a special mission
A State may send a special mission to another State with the consent of that State, which has been obtained in advance by diplomatic means or by other agreed or mutually acceptable means.
Function of Special Mission
The functions of the special mission shall be determined by mutual agreement of the sending and receiving States.
Sending the same special mission to two or more States
A State wishing to send the same special mission to two or more States shall inform each of the beneficiary States when requesting the consent of that State.
Mission of a Joint Special Mission by two or more States
Two or more States wishing to send a joint special mission to another State shall inform the recipient State when they request the consent of that State.
Mission of special missions by two or more States to discuss issues of common interest
Two or more States may at the same time send a special mission to another State, with the agreement of that State, obtained in accordance with Article 2, to discuss issues of common interest jointly in the agreement of all those States.
Absence of diplomatic or consular contacts
The existence of diplomatic or consular contacts is not necessary for sending or receiving a special mission.
Appointment of members of the Special Mission
Subject to the provisions of Articles 10, 11 and 12, the sending State may freely appoint members of a special mission after providing the recipient State with all necessary information concerning the frequency and composition of the special mission, in particular the names and functions of the persons it intends to appoint. The beneficiary State may refuse the adoption of a special mission which it does not consider appropriate in view of the circumstances and conditions in the beneficiary State and the needs of the relevant mission. Without giving reasons, he may also refuse to accept any person as a member of a special mission.
Composition of the Special Mission
1. The special mission shall consist of one or more representatives of the sending State from which the sending State may appoint a Head. It may also include diplomatic staff, administrative and technical staff and staff.
2. Where members of a permanent diplomatic mission or consular post in the recipient State are included in a special mission, they shall retain their privileges and immunities, which as members of their permanent diplomatic mission or consular post, in addition to the privileges and immunities provided under this Convention.
Citizenship of members of the Special Mission
1. Representatives of the sending State on a special mission and members of its diplomatic staff shall in principle be citizens of the sending State.
2. Citizens of the beneficiary State may not be appointed to a special mission unless the latter so agree, which may be withdrawn at any time.
3. The beneficiary State may reserve the right provided for in paragraph 2 of this Article against citizens of a third State who are not citizens of the sending State at the same time.
Notifications
1. The Ministry of Foreign Affairs of the beneficiary State or any other such authority that has been agreed shall be informed of:
(a) the composition of the special mission and any subsequent amendments thereto;
(b) the arrival and final departure of the members of the mission and the termination of their duties in the mission;
(c) the arrival and final departure of any person accompanying a member of the mission;
(d) the recruitment and dismissal of persons permanently established in the recipient State as members of the mission or as private personnel;
(e) the appointment of the Head of the Special Mission or, if no one is the Head, the representative referred to in paragraph 1 of Article 14 or whoever represents them;
(f) the location of rooms used by special missions and private dwellings enjoying the inviolability referred to in Articles 30, 36 and 39, as well as any other information which may be necessary to identify such rooms and dwellings.
2. If this is not impossible, notification of arrival and final departure must be given in advance.
Persons declared non grata or unacceptable
1. The receiving State may at any time, without having to give reasons for its decision, notify the sending State that any representative of the sending State in a special mission or any member of its diplomatic staff 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 function in 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 fulfil its obligations under paragraph 1 of this Article, the receiving State may refuse to recognise the person concerned as a member of the special mission.
Start of Special Mission functions
1. The functions of the Special Mission shall begin as soon as the Mission enters into official contact with the Ministry of Foreign Affairs or any other such authority of the beneficiary State which has been agreed.
2. The beginning of the functions of the special mission shall not depend on its performance by a permanent diplomatic mission of the sending State or on the presentation of credentials or powers of attorney.
Authorisation to act on a special mission
1. The Head of the Special Mission, or, if the Sending State has not appointed a Head, one of the representatives of the Sending State designated by him, shall be entitled to act for the Special Mission and to send documents to the receiving State. The receiving State shall send the documents relating to the special mission to the Head of Mission or, if no one is the Head of Mission, the representative referred to above, either directly or through a permanent diplomatic mission.
2. However, a member of a special mission may be authorised by the sending State, the Head of the special mission or, if no one is the Head, the representative referred to in paragraph 1 of this Article, either to represent the Head of the special mission or the representative mentioned above, or to carry out certain acts on behalf of the mission.
Authority of the beneficiary State with which official contact is maintained
All official contact with the receiving State to which the sending State has entrusted the specific mission shall be maintained with or through the Ministry of Foreign Affairs or any other such authority of the receiving State which has been agreed.
Rules concerning order
1. Where two or more specific missions are met in the territory of the beneficiary State or third State, the order between the missions shall be determined, unless there is a special agreement, in accordance with the alphabetical order of the names of the States used in accordance with the protocol of the State in whose territory the missions meet.
2. The order between two or more special missions meeting on a solemn or formal occasion shall be governed by the protocol in force in the beneficiary State.
3. The order between the members of the same special mission shall be as notified to the beneficiary State or third State in whose territory two or more special missions are located.
Headquarters of Special Missions
1. The special mission shall have its seat in a place agreed by the participating States.
2. If there is no such agreement, the special mission shall have its seat at the location of the Ministry of Foreign Affairs of the beneficiary State.
3. Where a special mission carries out its functions at different locations, the participating States may agree to have more than one seat, one of which may be chosen as head office.
Meeting of special missions in the territory of a third State
1. Special missions from two or more States may meet in the territory of a third State only with the express consent of that State, whose right to revoke it remains.
2. A third State may, when giving its consent, lay down the conditions which the sending States must comply with.
3. A third State shall take on the rights and obligations of the receiving State in respect of the sending States to the extent it determines when granting its consent.
Rights of the special mission to use the flag and national emblem of the sending State
1. The special mission shall have the right to use the flag and national emblem of the sending State in the rooms used by the missions and its means of transport when used for official purposes.
2. In exercising the right provided for in this Article, account shall be taken of the laws, regulations and practices of the beneficiary State.
End of Special Mission functions
1. The functions of the Special Mission shall end, inter alia:
(a) by agreement of the participating States;
(b) completion of the task of the Special Mission;
(c) the expiry of the period for a special mission, unless it is expressly extended;
(d) by notifying the sending State that it is terminating or withdrawing the special mission;
(e) by notifying the beneficiary State that it considers the special mission to be terminated.
2. The interruption of diplomatic or consular contacts between the sending State and the receiving State shall not in itself result in the termination of the special mission which exists at the time of such interruption.
Position of the Head of State and persons of high status
1. The Head of the Sending State, when conducting a special mission, shall enjoy in the receiving State or in a third State the facilitation, privileges and immunities provided by international law to the Head of State during an official visit.
2. The Head of Government, the Minister for Foreign Affairs and other persons of high standing shall enjoy, in the recipient State or in a third State, the special mission of the sending State, in addition to that provided by this Convention, the facilitation, privileges and immunities provided under international law.
General facilitation
The sending State shall provide the special mission with the facilitation required for the performance of its functions due to the nature and task of the special mission.
Rooms and accommodation
The receiving State shall assist the specific mission, if it so requests, in providing the necessary rooms and in providing suitable accommodation for its members.
Exemption of rooms of the Special Mission from taxation
1. To the extent compatible with the nature and duration of the functions performed by the special mission, the sending State and the members of the special mission acting for the mission shall be exempt from all national, regional or local taxes and benefits in respect of the rooms occupied by the special mission, other than those which constitute remuneration for the specific service proven.
2. The exemption referred to in this Article shall not apply to such taxes and benefits as are paid under the law of the recipient State by persons in contractual contact with the sending State or by a member of a special mission.
Untouchable rooms
1. The rooms where a special mission is located in accordance with this Convention shall be inviolable. The authorities of the receiving State may not enter them except with the agreement of the Head of the Special Mission or, if appropriate, the Head of the Permanent Diplomatic Mission of the sending State, accredited in the beneficiary State. Such consent may be assumed in the event of a fire or other disaster which seriously endangers public security only if it is not possible to obtain the explicit consent of the Head of the Special Mission or, where appropriate, the Head of the Permanent Mission.
2. The beneficiary State shall have a special obligation to take all appropriate measures to protect the rooms of the special mission from any intrusion or damage and to prevent any disturbance of the mission's serenity or damage to its dignity.
3. The rooms of the special mission, their facilities, other assets used for the operation of the special mission and its means of transport shall not be subject to inspection, props, seizure or execution.
Non-touchability of archives and documents
The archives and documents of the Special Mission shall be untouchable at any time and wherever they are found. If necessary, they shall bear a visible external marking.
Freedom of movement
Subject to the laws and regulations concerning areas to which access is prohibited or modified for reasons of national security, the recipient State shall ensure that all members of the special mission enjoy the freedom of movement and travel within its territory as necessary for the performance of the functions of the special mission.
Freedom of communication
1. The beneficiary State shall permit and protect the free connection of the special mission for all official purposes. When connected to the Government of the Sending State, its diplomatic missions, consular posts and other specific missions or parts of the same mission, wherever they are, the Special Mission may use all appropriate means, including couriers and coded and encrypted messages. However, a specific mission may be set up and used by the Radio Station only with the consent of the receiving State.
2. Official correspondence of the special mission shall be inviolable. All correspondence relating to a specific mission and to its functions shall be understood under official correspondence.
3. Where appropriate, the special mission shall use means of communication, including mail and courier, the permanent diplomatic mission of the sending State.
4. A special mission cannot be opened or detained.
5. Shipments representing the mail of a special mission shall bear a clear external indication of their nature and may contain only documents or items intended for the official use of the special mission.
6. The courier of a special mission, which will be equipped with an official document indicating its status and the number of mail consignments, will be protected by the recipient State in the performance of its functions. It shall enjoy personal integrity and shall in no way be arrested or detained.
7. The sending State or special missions may designate the courier of an ad hoc special mission. In such cases, the provisions of paragraph 6 of this Article shall also apply, with the immunity referred to therein no longer being applied once an ad hoc courier has submitted a special mission to his destination.
8. The post of the special mission may be entrusted to the captain of the ship or to the civilian aircraft to land in a lawful place. The captain shall be provided with an official document indicating the number of mail consignments, but shall not be considered as a courier of a special mission. In agreement with the competent authorities, the special mission may send one of its members directly and freely to take mail from the ship's captain or aircraft.
Personal integrity
Persons from representatives of the sending State on a special mission and members of its diplomatic staff shall be inviolable. They must not be arrested or detained in any way. The beneficiary State shall treat them with due respect and shall take all appropriate measures to prevent any attack on their person, freedom and dignity.
Untouchability of private dwellings
1. The private residence of representatives of the sending State in a special mission and members of its diplomatic staff shall enjoy the same integrity and protection as that of the special mission.
2. Their documents, correspondence and, with the exception of the provisions of paragraph 4 of Article 31, their property shall also enjoy inviolability.
Exemptions from jurisdiction
1. Representatives of the sending State in a special mission and members of its diplomatic staff shall be exempt from the criminal jurisdiction of the receiving State.
2. They shall also be exempt from the civil and administrative jurisdiction of the beneficiary State, except where:
(a) actions in kind relating to private property in the territory of the beneficiary State, unless the person concerned owns it on behalf of the sending State for the purpose of the mission;
(b) actions relating to the inheritance in which the person concerned is the executor of the last will, the administrator of the inheritance, the heir by law or the heir by virtue of the will as a private person and not on behalf of the sending State;
(c) actions relating to any profession or business activity carried out by the person concerned in the beneficiary State in addition to his official duties;
(d) actions for damages from an accident caused by a vehicle used outside the official office of the person concerned.
3. A representative of the sending State on a special mission and members of its diplomatic staff shall not be required to testify as witnesses.
4. A representative of a sending State on a special mission or against members of its diplomatic staff shall not be subject to enforcement measures except in the cases covered by subparagraphs (a), (b), (c) and (d) of paragraph 2 of this Article, and where the execution may be carried out without violating the integrity of his or her person or residence.
5. The exemption of a representative of a sending State in a special mission and members of its diplomatic staff from jurisdiction does not entail their exemption from the jurisdiction of the sending State.
Exemptions from social security legislation
1. Subject to the provisions of paragraph 3 of this Article, a representative of the sending State in a special mission and members of its diplomatic staff shall be exempt from the social security provisions 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 persons employed exclusively by a representative of the sending State on a special mission or by a member of its diplomatic staff, provided that:
(a) that such persons are not citizens of or permanently 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 representative of the sending State in a special mission and members of its diplomatic staff who employ persons not covered by the exemption provided for in paragraph 2 of this Article shall comply with the obligations imposed on employers by the provisions on social security of the recipient 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 agreements previously concluded and shall not prevent the negotiation of such agreements in the future.
Exemption from taxes and levies
Representatives of the sending State in a special mission and members of its diplomatic staff 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 the person concerned is owned by him on behalf of the sending State for the purpose of the mission;
(c) the survivor's, successor or inheritance fees levied by the beneficiary State, subject to the provisions of Article 44;
(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 for specific services actually established;
(f) registration, judicial, mortgage and stamp duty, subject to the provisions of Article 24.
Exemption from personal services
The receiving State shall exempt a representative of the sending State on a special mission and members of its diplomatic staff from all personal services, from all public services of any kind, as well as from all military obligations, such as props, military contributions and accommodation obligations.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 40 / 1987 Coll., on the Convention on Special Missions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.05.1987 |
|---|---|
| Effective from | 21.06.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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