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CONVENTION ON SPECIAL MISSIONS, NEW YORK 1969

UNDANG-UNDANG REPUBLIK INDONESIA
NOMOR 2 TAHUN 1982
TENTANG
PENGESAHAN KONVENSI MENGENAI MISI KHUSUS
(CONVENTION ON SPECIAL MISSIONS, NEW YORK 1969)

DENGAN RAHMAT TUHAN YANG MAHA ESA
PRESIDEN REPUBLIK INDONESIA,
Menimbang : a. bahwa Konvensi mengenai Misi Khusus (Convention on
Special Missions, New York 1969) telah diterima baik oleh
Majelis Umum Perserikatan Bangsa Bangsa pada tanggal 8
Desember 1969 di New York;
b. Bahwa Negara Republik Indonesia selama ini telah
menggunakan Konvensi tersebut pada huruf a di atas
sebagai pedoman dalam hubungan internasional;
c. Bahwa untuk mewujudkan landasan hukum yang lebih
mantap dalam hubungan internasional, dipandang perlu
mengesahkan Konvensi tersebut pada huruf a dengan
Undang-undang;
Mengingat : 1. Pasal 5 ayat (1), Pasal 11, dan Pasal 20 ayat (1) Undang-
Undang Dasar 1945;
2. Ketetapan Majelis Permusyawaratan Rakyat Republik
Indonesia Nomor IV/MPR/1978 tentang Garis-garis Besar
Haluan Negara;
Dengan Persetujuan
DEWAN PERWAKILAN RAKYAT REPUBLIK INDONESIA
M E M U T U S K A N :
Menetapkan : UNDANG-UNDANG TENTANG PENGESAHAN KONVENSI
MENGENAI MISI KHUSUS (CONVENTION ON SPECIAL
MISSIONS, NEW YORK, 1969).
Pasal 1
Mengesahkan Konvensi mengenai Misi Khusus (Convention on
Special Missions, New York, 1969) yang salinan naskahnya
dilampirkan pada Undang-undang ini.
Pasal 2
Undang-undang ini mulai berlaku pada tanggal diundangkan.
Agar supaya setiap orang mengetahuinya, memerintahkan
pengundangan Undang-undang ini dengan penempatannya dalam
lembaran Negara Republik Indonesia.
Diundangkan di Jakarta Disahkan di Jakarta
pada tanggal 25 April 1982 Pada tanggal 25 Januari 1982.
MENTERI SEKRETARIS NEGARA PRESIDEN REPUBLIK
INDONESIA,
REPUBLIK INDONESIA,
SUDHARMONO, SH S O E H A R T O
LEMBARAN NEGARA REPUBLIK INDONESIA TAHUN 1982 NOMOR 3
P E N J E L A S A N
A T A S
UNDANG-UNDANG REPUBLIK INDONESIA
NOMOR 2 TAHUN 1982
TENTANG
PENGESAHAN KONVENSI MENGENAI MISI KHUSUS
(CONVENTION ON SPECIAL MISSIONS, NEW YORK, 1969)
I. U M U M.
Pembukaan Undang-Undang Dasar 1945 antara lain menggariskan agar
Pemerintah Negara Indonesia melindungi segenap bangsa Indonesia dan seluruh
tumpah darah Indonesia dan untuk memajukan kesejahteraan umum,
mencerdaskan kehidupan bangsa dan ikut melaksanakan ketertiban dunia yang
berdasarkan kemerdekaan, perdamaian abadi dan keadilan sosial.
Ketetapan Majelis Permusyawaratan Rakyat Republik Indonesia Nomor
IV/MPR/1978 tentang Garis-garis Besar Haluan Negara menegaskan bahwa
landasan kebijaksanaan politik luar negeri Republik Indonesia sebagai berikut:
tentang Hubungan Luar Negeri Republik Indonesia sebagai berikut :
a. pelaksanaan politik luar negeri yang bebas aktif diabdikan kepada
kepentingan nasional, terutama untuk kepentingan pembangunan disegala
bidang;
b. meneruskan usaha-usaha pemantapan stabilitas dan kerjasama di
wilayah Asia Tenggara dan Pasifik Barat Daya, khususnya dalam
lingkungan ASEAN, dalam rangka mempertinggi tingkat ketahanan
nasional untuk mencapai ketahanan regional;
c. meningkatkan peranan Indonesia di dunia internasional dalam
rangka membina dan meningkatkan persahabatan dan kerjasama yang
saling bermanfaat antara Bangsa-bangsa;
d. memperkokoh kesetiakawanan, persatuan dan kerjasama ekonomi
diantara negara-negara yang sedang membangun lainnya untuk
mempercepat terwujudnya Tata Ekonomi Dunia Baru;
e. meningkatkan kerjasama antar negara untuk menggalang
perdamaian dan ketertiban dunia demi kesejahteraan umat manusia
berdasarkan kemerdekaan dan keadilan sosial.
Dalam rangka melaksanakan politik luar negeri yang bebas aktif untuk menjamin
dan memelihara kepentingan nasional Indonesia dan ikut membantu tercapainya
ketertiban dunia serta memajukan kerjasama dan hubungan persahabatan dengan
semua bangsa di dunia, Pemerintah Indonesia mengirim misi khusus ke berbagai
negara dan meneima misi khusus dari negara lain.
Pengiriman dan penerimaan misi khusus dan utusan-utusan keliling dengan
dengan tugas diplomatik khusus yang bersifat sementara merupakan suatu gejala
yang semakin meningkat dalam hubungan internasional.
Pada tanggal 8 Desember 1969 Majelis Umum Perserikatan Bangsa Bangsa
menerima baik Konvensi mengenai Misi Khusus dan suatu Protokol Opsional
mengenai Penyelesaian Sengketa Secara Wajib.
Konvensi mengenai Misi Khusus terbuka bagi penandatangan pada tanggal 16
Desember 1969. Konvensi yang terdiri dari suatu pembukaan dan 55 pasal
menentukan aturan-aturan hukum yang berlaku untuk pengiriman dan
pemerimaan misi khusus, yaitu misi ke negara lain dengan persetujuan negara
tersebut, dengan tujuan mengenai masalah khusus atau menjalankan hal-hal yang
behubungan dengan tugas khusus.
Indonesia dapat menerima seluruh isi Konvensi mengenai Misi Khusus kecuali
Protokol Opsional mengenai Penyelesaian Sengketa Secara Wajib. Pengecualian
ini karena Pemeintah Indonesia lebih mengutamakan penyelesaian sengketa
melalui perundingan dan konsultasi atau musyawaah antara negara-negara yang
bersengketa.
Konvensi mengenai Misi Khusus yang dimaksudkan untuk melengkapi Konvensi
Wina tahun 1961 mengenai Hubungan Diplomatik dan Konvensi Wina tahun
1963 mengenai Hubungan Konsuler akan dapat membantu meningkatkan
hubungan pesahabatan antara bangsa-bangsa di dunia tanpa membedakan
ideology, sistim politik atau sistim sosialnya.
II. PASAL DEMI PASAL
Cukup jelas
TAMBAHAN LEMBARAN NEGARA REPUBLIK INDONESIA NOMOR 3212.      


CONVENTION ON SPECIAL MISSIONS
The States Parties to the present Convention,
Recalling that special treatment has always been accorded to special missions,
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 development of friendly relations and cooperation among States,
Recalling that the importance of the question of special missions was recognized during
the United Nations Conference on Diplomatic Intercourse and Immunities and in
resolution I adopted by the Conference on 10 April 1961,
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,
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 an international convention on special missions would complement those
two Conventions and would contribute to the development of friendly relations among
nations, whatever their constitutional and social systems,
Realizing that the purpose of privileges and immunities relating to special missions is not
to benefit individuals but to ensure the efficient performance of the functions of special
missions as missions representing the State,
Affirming that the rules of customary international law continue to govern questions not
regulated by the provisions of the present Convention,
Have agreed as follows:
ARTICLE I
USE OF TERMS
For the purposes of the present Convention:
a. a "special mission" is a temporary mission, representing the State which is sent by
one State to another State with the consent of the latter for the purpose of dealing
with it on specific questions or of performing in relation to it a specific task;
b. a "permanent diplomatic mission" is a diplomatic mission within the meaning of
the Vienna Convention on Diplomatic Relations;
c. a "consular post" is any consulate-general, consulate, vice-consulate or consular
agency;
d. the "head of a special mission" is the person charged by the sending State with the
duty of acting in that capacity;
e. a "representative of the sending State in the special mission" is any person on
whom the sending State has conferred that capacity;
f. the "members of a special mission" are the head of the special mission, the
representatives of the sending State in the special mission and the members of the
staff of the special mission;
g. the "members of the staff of the special mission" are the members of the
diplomatic staff, the administrative and technical staff and the service staff of the
special missions;
h. the "members of the diplomatic staff" are the members of the staff of the special
mission who have diplomatic status for the purposes of the special mission;
i. the "members of the administrative and technical staff" are the members of the
staff of the special mission employed in the administrative and technical service
of the special mission;
j. the "members of the service staff" are the members of the staff of the special
mission employed by it as household workers or for similar tasks;
the "private staff" are persons employed exclusively in the private service of the members
of the special mission.
ARTICLE 2
SENDING OF A SPECIAL MISSION
A State may send a special mission to another State with the consent of the latter,
previously obtained through the diplomatic or another agreed or mutually acceptable
channel.
ARTICLE 3
FUNCTIONS OF A SPECIAL MISSION
The functions of a special mission shall be determined by the mutual consent of the
sending and the receiving State.
ARTICLE 4
SENDING OF THE SAME SPECIAL MISSION TO TWO OR MORE STATES
A State which wishes to send the same special mission to two or more States shall so
inform each receiving State when seeking the consent of that State.
ARTICLE 5
SENDING OF A JOINT SPECIAL MISSION BY TWO OR MORE STATES
Two or more States which wish to send a joint special mission to another State shall so
inform the receiving State when seeking the consent of that State.
ARTICLE 6
SENDING OF SPECIAL MISSIONS BY TWO OR MORE STATES IN ORDER
TO DEAL WITH A QUESTION OF COMMON INTEREST
Two or more States may each send a special mission at the same time to another State
with the consent of that State obtained in accordance with article 2, in order to deal
together, with the agreement of all of these States, with a question of common interest to
all of them.
ARTICLE 7
NON-EXISTENCE OF DIPLOMATIC OR CONSULAR RELATIONS
The existence of diplomatic or consular relations is not necessary for the sending or
reception of a special mission
ARTICLE 8
APPOINTMENT OF THE MEMBERS OF THE SPECIAL MISSION
Subject to the provisions of articles 10, 11 and 12, the sending State may freely appoint
the members of the special mission after having given to the receiving State all necessary
information concerning the size and composition of the special mission, and in particular
the names and designations of the persons it intends to appoint. The receiving State may
decline to accept a special mission of a size that is not considered by it to be reasonable,
having regard to circumstances and conditions in the receiving State and to the needs of
the particular mission. It may also, without giving reasons, decline to accept any person
as a member of the special mission.
ARTICLE 9
COMPOSITION OF THE SPECIAL MISSION
1. A special mission shall consist of one or more representatives of the sending State
from among whom the sending State may appoint a head. It may also include
diplomatic staff, administrative and technical staff and service staff.
2. When members of a permanent diplomatic mission or of a consular post in the
receiving State are included in a special mission, they shall retain their privileges
and immunities as members of their permanent diplomatic mission or consular
post in addition to the privileges and immunities accorded by the present
Convention.
ARTICLE 10
NATIONALITY OF THE MEMBERS OF THE SPECIAL MISSION
1. The representatives of the sending State in the special mission and the members
of its diplomatic staff should in principle be of the nationality of the sending
State.
2. Nationals of the receiving State may not be appointed to a special mission except
with the consent of that State, which may be withdrawn at any time.
3. The receiving State may reserve the right provided for in paragraph 2 of this
article with regard to nationals of a third State who are not also nationals of the
sending State.
ARTICLE 11
NOTIFICATIONS
1. The Ministry of Foreign Affairs of the receiving State, or such other organ of that
State as may be agreed, shall be notified of:
a. the composition of the special mission and any subsequent changes
therein;
b. the arrival and final departure of members of the mission and the
termination of their functions with the mission;
c. the arrival and final departure of any person accompanying a member of
the mission;
d. the engagement and discharge of persons resident in the receiving State as
members of the mission or as private staff;
e. the appointment of the head of the special mission or, if there is none, of
the representative referred to in paragraph 1 of article 14, and of any
substitute for them;
f. the location of the premises occupied by the special mission and of the
private acccommodation enjoying inviolability under articles 30, 36 and
39 as well as any other information that may be necessary to identify such
premises and accommodation.
2. Unless it is impossible, notification of arrival and final departure must be given in
advance.
ARTICLE 12
PERSONS DECLARED ‘NON GRATA' OR NOT ACCEPTABLE
1. The receiving State may, at any time and without having to explain its decision,
notify the sending State that any representative of the sending State in the special
mission or any member of its diplomatic staff 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
recognize the person concerned as a member of the special mission.
ARTICLE 13
COMMENCEMENT OF THE FUNCTIONS OF A SPECIAL MISSION
1. The functions of a special mission shall commence as soon as the mission enters
into official contact with the Ministry of Foreign Affairs or with such other organ
of the receiving State as may be agreed.
2. The commencement of the functions of a special mission shall not depend upon
presentation of the mission by the permanent diplomatic mission of the sending
State or upon the submission of letters of credence or full powers.
ARTICLE 14
AUTHORITY TO ACT ON BEHALF OF THE 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 the latter is
authorized to act on behalf of the special mission and to address communications
to the receiving State. The receiving State shall address communications
concerning the special mission to the head of the mission, or, if there is none, to
the representative referred to above, either direct or through the permanent
diplomatic mission.
2. However, a member of the special mission may be authorized by the sending
State, by the head of the special mission or, if there is none, by the representative
referred to in paragraph 1 of this article, either to substitute for the head of the
special mission or for the aforesaid representative or to perform particular acts on
behalf of the mission.
ARTICLE 15
ORGAN OF THE RECEIVING STATE WITH WHICH OFFICIAL
BUSINESS IS CONDUCTED
All official business with the receiving State entrusted to the special mission by the
sending State shall be conducted with or through the Ministry of Foreign Affairs or
with such other organ of the receiving State as may be agreed.
ARTICLE 16
RULES CONCERNING PRECEDENCE
1. Where two or more special missions meet in the territory of the receiving State or
of a third State, precedence among the missions shall be determined, in the
absence of a special agreement, according to the alphabetical order of the names
of the States used by the protocol of the State in whose territory the missions are
meeting.
2. Precedence among two or more special missions which meet on a ceremonial or
formal occasion shall be governed by the protocol in force in the receiving State.
3. Precedence among the members of the same special mission shall be that which is
notified to the receiving State or to the third State in whose territory two or more
special missions are meeting.
ARTICLE 17
SEAT OF THE SPECIAL MISSION
1. A special mission shall have its seat in the locality agreed by the States
concerned.
2. In the absence of agreement, the special mission shall have its seat in the locality
where the Ministry of Foreign Affairs of the receiving State is situated.
3. If the special mission performs its functions in different localities, the States
concerned may agree that it shall have more than one seat from among which they
may choose one as the principal seat.
ARTICLE 18
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 after obtaining the express consent of that State, which retains the right
to withdraw it.
2. In giving its consent, the third State may lay down conditions which shall be
observed by the sending States.
3. The third State shall assume in respect of the sending States the rights and
obligations of a receiving State to the extent that it indicates in giving its consent.
ARTICLE 19
RIGHT OF THE SPECIAL MISSION TO USE THE FLAG AND EMBLEM
OF THE SENDING STATE
1. A special mission shall have the right to use the flag and emblem of the sending
State on the premises occupied by the mission, and on its means of transport when
used on official business.
2. 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 20
END OF THE FUNCTIONS OF A SPECIAL MISSION
1. The functions of a special mission shall come to an end, inter alia, upon:
a. the agreement of the State concerned;
b. the completion of the task of the special mission;
c. the expiry of the duration assigned for the special mission, unless it is expressly
extended;
d. notification by the sending State that it is terminating or recalling the special
mission; notification by the receiving State that it considers the special mission
terminated.
2. The severance of diplomatic or consular relations between the sending State and the
receiving State shall not of itself have the effect of terminating special missions
existing at the time of such severance.
ARTICLE 21
STATUS OF THE HEAD OF STATE AND PERSONS OF HIGH RANK
1. The Head of the sending State, when he leads a special mission, shall enjoy in the
receiving State or in a third State the facilities, privileges and immunities
accorded by international law to Heads of State on an official visit.
2. The Head of the Government, the Minister for Foreign Affairs and other persons
of high rank, when they take part in a special mission of the sending State, shall
enjoy in the receiving State or in a third State, in addition to what is granted by
the present Convention, the facilities, privileges and immunities accorded by
international law
ARTICLE 22
GENERAL FACILITIES
The reeiving State shall accord to the special mission the facilities required for the
performance of its functions, having regard to the nature and task of the special
mission.
ARTICLE 23
PREMISES AND ACCOMMODATION
The receiving State shall assist the special mission, if it so requests, in procuring the
necessary premises and obtaining suitable accommodation for its members.
ARTICLE 24
EXEMPTION OF THE PREMISES 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 on behalf of the mission shall be exempt from all national, regional or
municipal dues and taxes in respect of the premises occupied by the special
mission, 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 with a member of the special mission.
ARTICLE 25
INVIOLABILITY OF THE PREMISES
1. The premises where the special mission is established in accordance with the
present Convention shall be inviolable. The agents of the receiving State may not
enter the said premises, except with the consent of the head of the special mission
or, if appropriate, of the head of the permanent diplomatic mission of the sending
State accredited to the receiving State. Such consent may be assumed in case of
fire or other disaster that seriously endangers public safety, and only in the event
that it has not been possible to obtain the express consent of the head of the
special mission or, where appropriate, of the head of the permanent mission.
2. The receiving State is under a special duty to take all appropriate steps to protect
the premises of the special 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 special mission, their furnishings, other property used in the
operation of the special mission and its means of transport shall be immune from
search, requisition, attachment or execution.
ARTICLE 26
INVIOLABILITY OF ARCHIVES AND DOCUMENTS
The archives and documents of the special mission shall be inviolable at all times and
wherever they may be. They should, when necessary, bear visible external marks of
identification.
ARTICLE 27
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 to all
members of the special mission such freedom of movement and travel in its territory
as is necessary for the performance of the functions of the special mission.
ARTICLE 28
FREEDOM OF COMMUNICATION
1. The receiving State shall permit and protect free communication on the part of the
special mission for all official purposes. In communicating with the Government
of the sending State, its diplomatic missions, its consular posts and its other
special missions or with sections of the same mission, wherever situated, the
special mission may employ all appropriate means, including couriers and
messages in code or cipher. However, the special mission may install and use a
wireless transmitter only with the consent of the receiving State. 2. The official
correspondence of the special mission shall be inviolable. Official correspondence
means all correspondence relating to the special mission and its functions.
2. Where practicable, the special mission shall use the means of communication,
including the bag and the courier, of the permanent diplomatic mission of the
sendingState.
3. The bag of the special mission shall not be opened or detained.
4. The packages constituting the bag of the special mission must bear visible
external marks of their character and may contain only documents or articles
intended for theofficial use of the special mission.
5. The courrier of the special mission, who shall be provided with an official
document indicating his status and the number of packages constituting the 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 special mission may designate couriers ad hoc of the
special mission. In such cases the provisions of paragraph 6 of this article shall
also apply, except that the immunities therein mentioned shall cease to apply
when the courrier ad hoc has delivered to the consignee the special mission's bag
in his charge.
7. The bag of the special mission may be entrusted to the captain of a ship or of a
commercial aircraft scheduled to land at an authorized port of entry. The captain
shall be provided with an official document indicating the number of packages
constituting the bag, but he shall not be considered to be a courrier of the special
mission. By arrangement with the appropriate authorities, the special mission may
send one of its members to take possession of the bag directly and freely from the
capitain of the ship or of the aircraft.
ARTICLE 29
PERSONAL INVIOLABILITY
The persons of the representatives of the sending State in the special mission and of
the members of its diplomatic staff shall be inviolable. They shall not be liable to any
form of arrest or detention. The receiving State shall treat them with due respect and
shall take all appropriate steps to prevent any attack on their persons, freedom or
dignity.
ARTICLE 30
INVIOLABILITY OF THE PRIVATE ACCOMMODATION
1. The private accommodation of the representatives of the sending State in the
special mission and of the members of its diplomatic staff shall enjoy the same
inviolability and protection as the premises of the special mission.
2. Their papers, their correspondence and, except as provided in paragraph 4 of
article 31, their property shall likewise enjoy inviolability.
ARTICLE 31
IMMUNITY FROM JURISDICTION
1. The representatives of the sending State in the special mission and the members
of its diplomatic staff shall enjoy immunity from the criminal jurisdiction of the
receiving State.
2. They shall also enjoy immunity from the civil and administrative jurisdiction of
the receiving State, except in the case of:
a. a real action relating to private immovable property situated in the territory of
the receiving State, unless the person concerned holds it on behalf of the
sending State for the purposes of the mission;
b. an action relating to succession in which the person concerned 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 or commercial activity exercised by the
person concerned in the receiving State outside his official functions;
d. an action for damages arising out of an accident caused by a vehicle used
outside the official functions of the person concerned.
3. The representatives of the sending State in the special mission and the members
of its diplomatic staff are not obliged to give evidence as witnesses.
4. No measures of execution may be taken in respect of a representative of the
sending State in the special mission or a member of its diplomatic staff except in
the cases coming under subparagraphs (a), (b), (c) and (d) of paragraph 2 of this
article and provided that the measures concerned can be taken without infringing
the inviolability of his person or his accommodation.
5. The immunity from jurisdiction of the representatives of the sending State in the
special mission and of the members of its diplomatic staff does not exempt them
from the jurisdiction of the sending State.
ARTICLE 32
EXEMPTION FROM SOCIAL SECURITY LEGISLATION
1. Subject to the provisions of paragraph 3 of this article, representatives of the
sending State in the special mission and members of its diplomatic staff shall, in
respect of 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
persons who are in the sole private employ of a representative of the sending State
in the special mission or of a member of its diplomatic staff on condition:
a. that such employed persons 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. Representatives of the sending State in the special mission and members of its
diplomatic staff who employ persons to whom the exemption provided for in
paragrah 2 of this article does not apply shall observe the obligations which the
social security provisions of the receiving State impose under 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 where
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 33
EXEMPTION FROM DUES AND TAXES
The representatives of the sending State in the special mssion and the members of its
diplomatic staff 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 the person concerned holds it on behalf of the sending
State for the purposes of the mission;
C. estate, succession or inheritance duties levied by the receiving State, subject to the
provisions of article 44;
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;
registration, course or record fees, mortgage dues and stamp duty, subject to the
provisions of article 24.
ARTICLE 34
EXEMPTION FROM PERSONAL SERVICES
The receiving State shall exempt the representatives of the sending State in the
special mission and the members of its diplomatic staff 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 35
EXEMPTION FROM CUSTOMS DUTIES AND INSPECTION
1. Within the limits of such laws and regulations as it may adopt, the receiving
State shall 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 special mission;
b. articles for the personal use of the representatives of the sending
State in the special mission and the members of its diplomatic
staff.
2. The personal baggage of the representatives of the sending State in the special
mission and of the members of its diplomatic staff 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. In such cases, inspection
shall be conducted only in the presence of the person concerned or of his
authorized representative.
ARTICLE 36
ADMINISTRATIVE AND TECHNICAL STAFF
Members of the administrative and technical staff of the special mission shall enjoy
the privileges and immunities specified in articles 29 to 34, except that the immunity
from civil and administrative jurisdiction of the receiving State specified in paragraph
2 of article 31 shall not extend to acts performed outside the course of their duties.
They shall also enjoy the privileges mentioned in paragraph 1 of article 35 in respect
of articles imported at the time of their first entry into the territory of the receiving
State.
ARTICLE 37
SERVICE STAFF
Members of the service staff of the special mission shall enjoy immunity from the
jurisdiction of the receiving State 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 exemption from social security legislation as provided in
article 32.
ARTICLE 38
PRIVATE STAFF
Private staff of the members of the special mission shall be exempt from dues and
taxes on the emoluments they receive by reason of their employment. In all other
respects, they may enjoy privileges and immunities only to the extent permitted by
the receiving State. However, the receiving State must exercise its jurisdiction over
these persons in such a manner as to interfere unduly with the performance of the
functions of the special mission.
ARTICLE 39
MEMBERS OF THE FAMILY
1. Members of the families of representatives of the sending State in the special
mission and of members of its diplomatic staff shall, if they accompany such
members of the special mission, enjoy the privileges and immunities specified in
articles 29 to 35 provided that they are not nationals of or permanently resident in
the receiving State.
2. Members of the families of members of the administrative and technical staff of
the special mission shall, if they accompany such members of the special mission,
enjoy the privileges and immunities specified in article 36 provided that they are
not nationals of or permanently resident in the receiving State.
ARTICLE 40
NATIONALS OF THE RECEIVING STATE AND PERSONS
PERMANENTLY RESIDENT IN THE RECEIVING STATE
1. Except in so far as additional privileges and immunities may be granted by the
receiving State, the representatives of the sending State in the special mission and
the members of its diplomatic staff who are nationals of or permanently resident
in the receiving State shall enjoy only immunity from jurisdication and
inviolability in respect of official acts performed in the exercise of their functions.
2. Other members of the special mission and private staff who are nations of or
permanently resident in the receiving State shall enjoy privileges and immunities
only to the extent granted to them by that 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 special mission.
ARTICLE 41
WAIVER OF IMMUNITY
1. The sending State may waive the immunity from jurisdiction of its representatives
in the special mission, of the members of its diplomatic staff, and of other persons
enjoying immunity under articles 36 to 40.
2. Waiver must always be express.
3. The initiation of proceedings by any of the persons referred to in paragraph 1 of
this article shall preclude him from invoking immunity from jurisdiction in
respect of any counter-claim 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 judgement, for which a separate waiver shall be necessary.
ARTICLE 42
TRANSIT THROUGH THE TERRITORY OF A THIRD STATE
1. If a representative of the sending State in the special mission or a member of its
diplomatic staff passes through or is in the territory of a third State while
proceeding to take up his functions or returning to the sending State, 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 person
referred to in this paragraph, whether travelling with him 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 transit of members of the administrative and technical
or service staff of the special mission, or 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 the receiving State is bound to accord under the present
Convention. Subject to the provisions of paragraph 4 of this article, they shall
accord to the couriers and bags of the special mission in transit the same
inviolability and protection as the receiving State is bound to accord under the
present Convention.
4. The third State shall be bound to comply with its obligations in respect of the
persons mentioned in paragraphs 1, 2 and 3 of this article only if it has been
informed in advance, either in the visa application or by notification, of the transit
of those persons as members of the special mission, members of their families or
couriers, and has raised no objection to it.
5. 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 the
official communications and the bags of the special mission, when the use of the
territory of the third State is due to force majeure.
ARTICLE 43
DURATION OF PRIVILEGES AND IMMUNITIES
1. Every member of the special mission shall enjoy the privileges and immunities to
which he is entitled from the moment he enters the territory of the receiving State
for the purpose of performing his functions in the special mission or, if he is
already in its territory, from the moment when his appointment is notified to the
Ministry of Foreign Affairs or such other organ of the receiving State as may be
agreed.
2. When the functions of a member of the special mission have come to an end, his
privileges and immunities shall normally cease at the moment when he leaves the
territory of the receiving State, or on the expiry of a reasonable period in which to
do so, but shall subsist until that time, even in case of armed conflict. However, in
respect of acts performed by such a member in the exercise of his functions,
immunity shall continue to subsist.
3. In the event of the death of a member of the special 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 territory of
the receiving State.
ARTICLE 44
PROPERTY OF A MEMBER OF THE SPECIAL MISSION OR OF A MEMBER
OF HIS FAMILY IN THE EVENT OF DEATH
1. In the event of the death of a member of the special mission or of a member of his
family accompanying him, if the deceased was not a national of or permanently
resident in the receiving State, 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.
2. Estate, succession and inheritance duties shall not be levied on movable property
which is in the receiving State solely because of the presence there of the
deceased as a member of the special mission or of the family of a member of the
mission.
ARTICLE 45
FACILITIES TO LEAVE THE TERRITORY OF THE RECEIVING STATE AND
TO REMOVE THE ARCHIVES OF THE SPECIAL MISSION
1. The receiving State must, even in case of armed conflict, grant facilities 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. In particular it must, in case
of need, place at their disposal the necessary means of transport for themselves
and their property.
2. The receiving State must grant the sending State facilities for removing the
archives of the special mission from the territory of the receiving State.
ARTICLE 46
CONSEQUENCES OF THE CESSATION OF THE FUNCTIONS OF THE
SPECIAL MISSION
1. When the functions of a special mission come to an end, the receiving State must
respect and protect the premises of the special misssion so long as they are
assigned to it, as well as the property and archives of the special mission. The
sending State must withdraw the property and archives within a reasonable period
of time.
2. In case of the absence or severance of diplomatic or consular relations between
the sending State and the receiving State and if the functions of the special
mission have come to an end, the sending State may, even if there is an armed
conflict, entrust the custody of the property and archives of the special mission to
a third State acceptable to the receiving State.
ARTICLE 47
RESPECT FOR THE LAWS AND REGULATIONS OF THE
RECEIVING STATE AND USE OF THE PREMISES OF THE
SPECIAL MISSION
1. Without prejudice to their privileges and immunities, it is the duty of all persons
enjoying these privileges and immunities under the present Convention 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 premises of the special mission must not be used in any manner incompatible
with the functions of the special mission as envisaged in the present Convention,
in other rules of general international law or in any special agreements in force
between the sending and the receiving State.
ARTICLE 48
PROFESSIONAL OR COMMERCIAL ACTIVITY
The representatives of the sending State in the special mission and the members of its
diplomatic staff shall not practise for personal profit any professional or commercial
activity in the receiving State.
ARTICLE 49
NON-DISCRIMINATION
1. In the application of the provisions of the present Convention, no discrimination
shall be made 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 special mission in the sending State;
b. Where States modify among themselves, by custom or agreement, the
extent of facilities, privileges and immunities for their special missions,
although such a modification has not been agreed with other States,
provided that it is not incompatible with the object and purpose of the
present Convention and does not affect the enjoyment of the rights or the
performance of the obligations of third States.
ARTICLE 50
SIGNATURE
The present Convention shall be open for signature by all States Members of the
United Nations or of any of the specialized agencies or of the International Atomic
Energy Agency or Parties to the Statute of the International Court of Justice, and by
any other State invited by the General Assembly of the United Nations to become a
Party to the Convention, until 31 December 1970 at United Nations Headquarters in
New York.
ARTICLE 51
RATIFICATION
The present Convention is subject to ratification. The instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
ARTICLE 52
ACCESSION
The present Convention shall remain open for accession by any State belonging to
any of the categories mentioned in article 50. The instruments of accession shall be
deposited with the Secretary-General of the United Nations.
ARTICLE 53
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 54
NOTIFICATION BY THE DEPOSITARY
a. The Secretary-General of the United Nations shall inform all States belonging to
any of the categories mentioned in article 50:
b. of signatures to the present Convention and of the deposit of instruments of
ratification or accession in accordance with articles 50, 51 and 52;
c. of the date on which the present Convention will enter into force in accordance
with article 53.
ARTICLE 55
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 categories mentioned in article 50.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, have signed the present Convention, opened for signature at
New York on 16 December 1969.
* The Convention entered into force on 21 June 1985

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