DIPLOMATIC RELATIONS –

VIENNA CONVENTION

Diplomatic Relations play a crucial role in the relation

between two countries. It serves as the back bone of all the
communications, negotiations and trade between the two
countries. Hence it is very important to have a set of
international rules to govern the diplomatic relations so that a
good relation is maintained between the two nations.

To fulfill this, Vienna Convention on Diplomatic Relations

was held at Vienna on 18 April 1961. Till now 189 members
of the UN have ratified the Convention rules.
The following are the important aspects of this convention

Diplomatic Mission and its functions (Article 3)

A diplomatic mission is a group of people from one state or
international inter – governmental organization present in
another State to represent the sending State/Organization.

The functions of a Diplomatic Mission are:

 Representing the sending State in the receiving State

  Protecting in the receiving State the interest of the
sending State and its nationals, within limits permitted
by international law.
 Negotiating with the Government of the receiving State
 Ascertaining by all lawful means conditions and
developments in the receiving State, and reporting
thereon to the Government of the sending State.
 Promoting friendly relations between the sending State
and the receiving State, and developing their economic,
cultural and scientific relations.

Appointment of members of diplomatic staff

(Article 8)
The sending State has all the powers to appoint the members of its
diplomatic staff.
The members of the diplomatic staff must fulfill the following
conditions

 Members of the diplomatic staff of the mission should in

principle be of the nationality of the sending State.
 Members of the diplomatic staff of the mission may not be
appointed from among persons having the nationality of the
receiving State, except with the consent of the State which
may be withdrawn at any time.
NOTE: The “members of the diplomatic staff” are the members of
the staff of the mission having diplomatic rank.
Persona non grata (Article 9)
The receiving State may at any time and without having to explain
its decision, notify the sending State that the head of the mission or
any member of the diplomatic staff of the mission is persona non
grata or that any other member of the staff of the mission is not
acceptable. In any such case, the sending State shall, as
appropriate, either recall the person concerned or terminate his
functions with the mission. A person may also be declared non
grata or not acceptable before arriving in the territory of the
receiving State.

If the sending State refuses or fails within a reasonable time to

carry out its obligations mentioned above, the receiving State may
refuse to recognize the person concerned as the member of the
mission.
NOTE: In diplomatic terms, persona non grata (literally meaning
“an unwelcome person”) refers to a foreign person whose entity or
remaining in a particular country is prohibited by the country’s
Government.

Vacancy of the post of head of the mission

(Article 19)
 If the post of head of the mission is vacant, or if he is unable
to perform his duties, a chargé d'affaires ad interim shall act
provisionally as head of the mission.
  In case where no member of diplomatic staff of the mission is
present in the receiving State, a member of the administrative
and technical staff may, with the consent of the receiving
State, be designated by the sending State to be in charge of
the current administrative affairs of the mission.

Usage of flag and emblem (Article 20)

The mission and its head shall have the rights to use the flag and
emblem of the sending State on the premises of the mission,
including the residence of the head of the mission and on his
means of transport.

Security (Article 22)

 The premises of the mission shall be inviolable. The agents
of the receiving State may not enter them, except with the
consent of the head of the mission.
 The receiving State is under a special duty to take all
appropriate Steps to protect the premises of the mission
against any intrusion or damage and to prevent any
disturbance of the peace of the mission or impairment of its
dignity.
 The premises of the mission, their furnishings and other
property thereon and the means of transport of the mission
shall be immune from search, requisition, attachment or
execution.
Tax and Duty Exemptions
 A diplomatic agent shall be exempt from all dues and taxes
except indirect taxes which are normally incorporated on the
price of goods and services and dues and taxes on private
income having its source in the receiving State. (Article 34)
 The receiving State shall grant exemptions from all custom
duties and related charges on (Article 36)
1. Articles for the official use of the mission
2. Articles for the personal use of a diplomatic agent or
members of his family.

Diplomatic Immunity
 The members of the diplomatic staff (diplomatic agent) shall
be inviolable. He shall not be liable to any form of arrest or
detention. The receiving State shall treat him with due
respect and shall take all appropriate steps to prevent any
attack on his person, freedom or dignity. (Article 29)
 The private residence of a diplomatic agent shall enjoy the
same inviolability and protection as the premises of the
mission. (Article 30)
 A diplomatic agent shall enjoy immunity from the criminal
jurisdiction of the receiving State. He shall also enjoy
immunity from civil and administrative jurisdiction except in
the case of an action relating to any professional and
commercial activity exercised by the diplomatic agent in the
receiving State outside his official functions. (Article 31)
 A diplomatic agent is not obliged to give evidence as a
witness. (Article 31)
  The personal baggage of a diplomatic agent shall be exempt
from inspection, unless there are serious grounds of
presuming that it contains articles not covered by the
exemption or articles import or export of which is prohibited
by the law of the receiving State. Such inspection shall be
conducted only in the presence of diplomatic agent or of his
authorized representative. (Article 36)
 The members of the family of a diplomatic agent forming
part of his household shall enjoy the privileges and
immunities mentioned above if they are not nationals of the
receiving State. (Article 37)
 The receiving State must, even in case of armed conflict,
grant facilities to enable persons enjoying privileges and
immunity to leave at the earliest possible moment.
(Article 44)

Case of Broken Relations (Article 45)

If diplomatic relations are broken off between two States, or if a
mission is permanently or temporarily recalled, then the receiving
State must, even in case of armed conflict, respect and protect the
premises of the mission, together with its properties and archives.

Thus in order to maintain a friendly and fruitful relation between

two nations, it is very much necessary to follow the above
mentioned guidelines.
ADDITIONAL INFORMATION
In the wake of Devyani Khobragade case, let us discuss the
immunity enjoyed by the Consular Staff as mentioned in the
Vienna Convention on Consular Relations, 1963

 Consular officers shall not be liable to arrest or detention

pending trial, except in the case of a grave crime and
pursuant to a decision by the competent judicial authority.
 Except in the case mentioned above, consular officers shall
not be committed to prison or be liable to any other form of
restriction on their personal freedom.
 Consular officers and consular employees shall not be
amenable to the jurisdiction of the judicial or administrative
authorities of the receiving State in respect of acts performed
in the exercise of consular functions.

REFERENCES
1. Document of Vienna Convention on Diplomatic Relations
2. Document of Vienna Convention on Consular Relations
3. Wikipedia

Personal Details
Name: KOUSHIK H R