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immunit
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
...
Believing
that an
international convention
on
diplomatic intercourse
,
privileges
and
immunities
would
contribute
to the
development
of
friendly
relations
among
nations
,
irrespective
of their differing
constitutional
and
social systems
, ...
...
Realizing
that the
purpose
of such
privileges
and
immunities
is not to
benefit
individuals
but to ensure the
efficient
performance
of the functions of
diplomatic missions
as representing
States
, ...
ARTICLE-10
[
go to this ARTICLE
]
... (d) the engagement and
discharge
of
persons
resident in the
receiving State
as
members of the mission
or
private servants
entitled to
privileges
and
immunities
. ...
ARTICLE-27
[
go to this ARTICLE
]
... 6. The
sending State
or the
mission
may
designate
diplomatic couriers
ad hoc
. In such
cases
the
provisions
of paragraph 5 of this
Article
shall also apply, except that the
immunities
therein mentioned shall cease to apply when such a
courier
has delivered to the
consignee
the
diplomatic bag
in his
charge
. ...
ARTICLE-31
[
go to this ARTICLE
]
... 1. A
diplomatic agent
shall enjoy
immunity
from the
criminal jurisdiction
of the
receiving State
. He shall also enjoy
immunity
from its
civil
and
administrative
jurisdiction
, except in the
case
of: ...
... 1. A
diplomatic agent
shall enjoy
immunity
from the
criminal jurisdiction
of the
receiving State
. He shall also enjoy
immunity
from its
civil
and
administrative
jurisdiction
, except in the
case
of: ...
... 4. The
immunity
of a
diplomatic agent
from the
jurisdiction
of the
receiving State
does not exempt him from the
jurisdiction
of the
sending State
. ...
ARTICLE-32
[
go to this ARTICLE
]
... 1. The
immunity from jurisdiction
of
diplomatic agents
and of
persons
enjoying
immunity
under
Article
37
may be waived by the
sending State
. ...
... 1. The
immunity from jurisdiction
of
diplomatic agents
and of
persons
enjoying
immunity
under
Article
37
may be waived by the
sending State
. ...
... 3. The initiation of
proceedings
by a
diplomatic agent
or by a
person
enjoying
immunity from jurisdiction
under
Article
37
shall preclude him from invoking
immunity from jurisdiction
in
respect
of any counter-
claim
directly
connected
with the principal
claim
. ...
... 3. The initiation of
proceedings
by a
diplomatic agent
or by a
person
enjoying
immunity from jurisdiction
under
Article
37
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. ...
... 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-37
[
go to this ARTICLE
]
... 1. The
members of the family
of a
diplomatic agent
forming part of his
household
shall, if they are not
nationals
of the
receiving State
, enjoy the
privileges
and
immunities
specified in
Articles
29
to
36
. ...
... 2.
Members
of the
administrative
and
technical staff
of the
mission
, together with
members
of their
families
forming part of their respective
households
, shall, if they are not
nationals
of or permanently resident in the
receiving State
, enjoy the
privileges
and
immunities
specified in
Articles
29
to
35
, except that the
immunity
from
civil
and
administrative
jurisdiction
of the
receiving State
specified in paragraph 1 of
Article
31
shall not
extend
to
acts
performed outside the course of their
duties
. They shall also enjoy the
privileges
specified in
Article
36
, paragraph 1, in
respect
of
articles
imported at the
time
of first
installation
. ...
... 2.
Members
of the
administrative
and
technical staff
of the
mission
, together with
members
of their
families
forming part of their respective
households
, shall, if they are not
nationals
of or permanently resident in the
receiving State
, enjoy the
privileges
and
immunities
specified in
Articles
29
to
35
, except that the
immunity
from
civil
and
administrative
jurisdiction
of the
receiving State
specified in paragraph 1 of
Article
31
shall not
extend
to
acts
performed outside the course of their
duties
. They shall also enjoy the
privileges
specified in
Article
36
, paragraph 1, in
respect
of
articles
imported at the
time
of first
installation
. ...
... 3.
Members
of the
service staff
of the
mission
who are not
nationals
of or permanently resident in the
receiving State
shall enjoy
immunity
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 the
exemption
contained in
Article
33
. ...
... 4.
Private servants
of
members of the mission
shall, if they are not
nationals
of or permanently resident in the
receiving State
, be exempt from
dues
and taxes on the
emoluments
they
receive
by
reason
of their
employment
. In other respects, they may enjoy
privileges
and
immunities
only to the
extent
admitted by the
receiving 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
mission
. ...
ARTICLE-38
[
go to this ARTICLE
]
... 1. Except insofar as additional
privileges
and
immunities
may be
granted
by the
receiving State
, a
diplomatic agent
who is a
national
of or permanently resident in that
State
shall enjoy only
immunity from jurisdiction
, and
inviolability
, in
respect
of
official
acts
performed in the
exercise
of his functions. ...
... 1. Except insofar as additional
privileges
and
immunities
may be
granted
by the
receiving State
, a
diplomatic agent
who is a
national
of or permanently resident in that
State
shall enjoy only
immunity from jurisdiction
, and
inviolability
, in
respect
of
official
acts
performed in the
exercise
of his functions. ...
... 2. Other
members of the staff
of the
mission
and
private servants
who are
nationals
of or permanently resident in the
receiving State
shall enjoy
privileges
and
immunities
only to the
extent
admitted by the
receiving 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
mission
. ...
ARTICLE-39
[
go to this ARTICLE
]
... 1. Every
person
entitled to
privileges
and
immunities
shall enjoy them from the moment he enters the
territory
of the
receiving State
on
proceeding
to take up his
post
or, if already in its
territory
, from the moment when his
appointment
is notified to the
Ministry for Foreign Affairs
or such other
ministry
as may be
agreed
. ...
... 2. When the functions of a
person
enjoying
privileges
and
immunities
have come to an end, such
privileges
and
immunities
shall normally cease at the moment when he
leaves
the
country
, or on
expiry
of a
reasonable
period
in which to do so, but shall subsist until that
time
, even in
case
of
armed conflict
. However, with
respect
to
acts
performed by such a
person
in the
exercise
of his functions as a
member
of the
mission
,
immunity
shall
continue
to subsist. ...
... 2. When the functions of a
person
enjoying
privileges
and
immunities
have come to an end, such
privileges
and
immunities
shall normally cease at the moment when he
leaves
the
country
, or on
expiry
of a
reasonable
period
in which to do so, but shall subsist until that
time
, even in
case
of
armed conflict
. However, with
respect
to
acts
performed by such a
person
in the
exercise
of his functions as a
member
of the
mission
,
immunity
shall
continue
to subsist. ...
... 2. When the functions of a
person
enjoying
privileges
and
immunities
have come to an end, such
privileges
and
immunities
shall normally cease at the moment when he
leaves
the
country
, or on
expiry
of a
reasonable
period
in which to do so, but shall subsist until that
time
, even in
case
of
armed conflict
. However, with
respect
to
acts
performed by such a
person
in the
exercise
of his functions as a
member
of the
mission
,
immunity
shall
continue
to subsist. ...
... 3. In
case
of the
death
of a
member
of the
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
country
. ...
ARTICLE-40
[
go to this ARTICLE
]
... 1. If a
diplomatic agent
passes through or is in the
territory
of a
third State
, which has
granted
him a
passport visa
if such
visa
was necessary, while
proceeding
to take up or to
return
to his
post
, or when returning to his own
country
, 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
diplomatic agent
, or
travelling
separately to join him or to
return
to their
country
. ...
... 1. If a
diplomatic agent
passes through or is in the
territory
of a
third State
, which has
granted
him a
passport visa
if such
visa
was necessary, while
proceeding
to take up or to
return
to his
post
, or when returning to his own
country
, 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
diplomatic agent
, or
travelling
separately to join him or to
return
to their
country
. ...
ARTICLE-41
[
go to this ARTICLE
]
... 1. Without
prejudice
to their
privileges
and
immunities
, it is the
duty
of all
persons
enjoying such
privileges
and
immunities
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
. ...
... 1. Without
prejudice
to their
privileges
and
immunities
, it is the
duty
of all
persons
enjoying such
privileges
and
immunities
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
. ...
ARTICLE-44
[
go to this ARTICLE
]
... The
receiving State
must, even in
case
of
armed conflict
,
grant
facilities
in
order
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. It must, in particular, in
case
of need,
place
at their
disposal
the necessary means of
transport
for themselves and their
property
. ...
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