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