VIENNA CONVENTION ON CONSULAR RELATIONS
AND OPTIONAL PROTOCOLS
U.N.T.S. Nos. 8638-8640, vol. 596, pp. 262-512
 
DONE AT VIENNA, ON 24 APRIL 1963
 
 
Section II
 
FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO CAREER CONSULAR OFFICERS
AND OTHER MEMBERS OF A CONSULAR POST
 
Article 40
PROTECTION OF CONSULAR OFFICERS
 
The receiving State shall treat consular officers with due respect and
shall take all appropriate steps to prevent any attack on their person,
freedom or dignity.
 
Article 41
PERSONAL INVIOLABILITY OF CONSULAR OFFICERS
 
1. 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.
 
2. Except in the case specified in paragraph 1 of this Article, consular
officers shall not be committed to prison or liable to any other form of
restriction on their personal freedom save in execution of a judicial
decision of final effect.
 
3. If criminal proceedings are instituted against a consular officer, he
must appear before the competent authorities. Nevertheless, the proceedings
shall be conducted with the respect due to him by reason of his official
position and, except in the case specified in paragraph 1 of this Article,
in a manner which will hamper the exercise of consular functions as little
as possible. When, in the circumstances mentioned in paragraph 1 of this
Article, it has become necessary to detain a consular officer, the
proceedings against him shall be instituted with the minimum of delay.
 
Article 42
NOTIFICATION OF ARREST, DETENTION OR PROSECUTION
 
In the event of the arrest or detention, pending trial, of a member of the
consular staff, or of criminal proceedings being instituted against him,
the receiving State shall promptly notify the head of the consular post.
Should the latter be himself the object of any such measure, the receiving
State shall notify the sending State through the diplomatic channel.
 
Article 43
IMMUNITY FROM JURISDICTION
 
1. 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.
 
2. The provisions of paragraph 1 of this Article shall not, however, apply
in respect of a civil action either:
 
(a) arising out of a contract concluded by a consular officer or a
consular employee in which he did not contract expressly or impliedly
as an agent of the sending State; or
(b) by a third party for damage arising from an accident in the receiving
State caused by a vehicle, vessel or aircraft.
 
Article 44
LIABILITY TO GIVE EVIDENCE
 
1. Members of a consular post may be called upon to attend as witnesses in
the course of judicial or administrative proceedings. A consular employee
or a member of the service staff shall not, except in the cases mentioned
in paragraph 3 of this Article, decline to give evidence. If a consular
officer should decline to do so, no coercive measure or penalty may be
applied to him.
 
2. The authority requiring the evidence of a consular officer shall avoid
interference with the performance of his functions. It may, when possible,
take such evidence at his residence or at the consular post or accept a
statement from him in writing.
 
3. Members of a consular post are under no obligation to give evidence
concerning matters connected with the exercise of their functions or to
produce official correspondence and documents relating thereto. They are
also entitled to decline to give evidence as expert witnesses with regard
to the law of the sending State.
 
Article 45
WAIVER OF PRIVILEGES AND IMMUNITIES
 
1. The sending State may waive, with regard to a member of the consular
post, any of the privileges and immunities provided for in Articles 41, 43
and 44.
 
2. The waiver shall in all cases be express, except as provided in
paragraph 3 of this Article, and shall be communicated to the receiving
State in writing.
 
3. The initiation of proceedings by a consular officer or a consular
employee in a matter where he might enjoy immunity from jurisdiction under
Article 43 shall preclude him from invoking immunity from jurisdiction in
respect of any counter-claim directly connected with the principal claim.
 
4. The waiver of immunity from jurisdiction for the purposes of civil or
administrative proceedings shall not be deemed to imply the waiver of
immunity from the measures of execution resulting from the judicial decisio
n; in respect of such measures, a separate waiver shall be necessary.
 
Article 46
EXEMPTION FROM REGISTRATION OF ALIENS AND RESIDENCE PERMITS
 
1. Consular officers and consular employees and members of their families
forming part of their households shall be exempt from all obligations under
the laws and regulations of the receiving State in regard to the
registration of aliens and residence permits.
 
2. The provisions of paragraph 1 of this Article shall not, however, apply
to any consular employee who is not a permanent employee of the sending
State or who carries on any private gainful occupation in the receiving
State or to any member of the family of any such employee.
 
Article 47
EXEMPTION FROM WORK PERMITS
 
1. Members of the consular post shall, with respect to services rendered
for the sending State, be exempt from any obligations in regard to work
permits imposed by the laws and regulations of the receiving State
concerning the employment of foreign labour.
 
2. Members of the private staff of consular officers and of consular
employees shall, if they do not carry on any other gainful occupation in
the receiving State, be exempt from the obligations referred to in
paragraph 1 of this Article.
 
Article 48
SOCIAL SECURITY EXEMPTION
 
1. Subject to the provisions of paragraph 3 of this Article, members of the
consular post with respect to services rendered by them for the sending
State, and members of their families forming part of their households,
shall 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 apply
also to members of the private staff who are in the sole employ of members
of the consular post, on condition:
 
(a) that they are not nationals of or permanently resident in the
receiving State; and
(b) that they are covered by the social security provisions which are in
force in the sending State or a third State.
 
3. Members of the consular post who employ persons to whom the exemption
provided for in paragraph 2 of this Article does not apply shall observe
the obligations which the social security provisions of the receiving State
impose upon 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, provided that such participation is permitted by that
State.
 
Article 49
EXEMPTION FROM TAXATION
 
1. Consular officers and consular employees and members of their families
forming part of their households 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 or taxes on private immovable property situated in the territory
of the receiving State, subject to the provisions of Article 32;
(c) estate, succession or inheritance duties, and duties on transfers,
levied by the receiving State, subject to the provisions of paragraph
(b) of Article 51;
(d) dues and taxes on private income, including capital gains, having its
source in the receiving State and capital taxes relating to
investments made in commercial or financial undertakings in the
receiving State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duties,
subject to the provisions of Article 32.
 
2. Members of the service staff shall be exempt from dues and taxes on the
wages which they receive for their services.
 
3. Members of the consular post who employ persons whose wages or salaries
are not exempt from income tax in the receiving State shall observe the
obligations which the laws and regulations of that State impose upon
employers concerning the levying of income tax.
 
Article 50
EXEMPTION FROM CUSTOMS DUTIES AND INSPECTION
 
1. The receiving State shall, in accordance with such laws and regulations
as it may adopt, 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 consular post;
(b) articles for the personal use of a consular officer or members of his
family forming part of his household, including articles intended for
his establishment. The articles intended for consumption shall not
exceed the quantities necessary for direct utilization by the persons
concerned.
 
2. Consular employees shall enjoy the privileges and exemptions specified
in paragraph 1 of this Article in respect of articles imported at the time
of first installation.
 
3. Personal baggage accompanying consular officers and members of their
families forming part of their households shall be exempt from inspection.
It may be inspected only if there is serious reason to believe that it
contains articles other than those referred to in sub-paragraph (b) of
paragraph 1 of this Article, or articles the import or export of which is
prohibited by the laws and regulations of the receiving State or which are
subject to its quarantine laws and regulations. Such inspection shall be
carried out in the presence of the consular officer or member of his family
concerned.
 
Article 51
ESTATE OF A MEMBER OF THE CONSULAR POST
OR OF A MEMBER OF HIS FAMILY
 
In the event of the death of a member of the consular post or of a member
of his family forming part of his household, the receiving State:
 
(a) shall permit the export of the movable property of the deceased, with
the exception of any such property acquired in the receiving State
the export of which was prohibited at the time of his death;
(b) shall not levy national, regional or municipal estate, succession or
inheritance duties, and duties on transfers, on movable property the
presence of which in the receiving State was due solely to the
presence in that State of the deceased as a member of the consular
post or as a member of the family of a member of the consular post.
 
Article 52
EXEMPTION FROM PERSONAL SERVICES AND CONTRIBUTIONS
 
The receiving State shall exempt members of the consular post and members
of their families forming part of their households 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 53
BEGINNING AND END OF CONSULAR PRIVILEGES AND IMMUNITIES
 
1. Every member of the consular post shall enjoy the privileges and immunities
 provided in the present Convention 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 he enters on his duties with
the consular post.
 
2. Members of the family of a member of the consular post forming part of
his household and members of his private staff shall receive the privileges
and immunities provided in the present Convention from the date from which
he enjoys privileges and immunities in accordance with paragraph 1 of this
Article or from the date of their entry into the territory of the receiving
State or from the date of their becoming a member of such family or private
staff, whichever is the latest.
 
3. When the functions of a member of the consular post have come to an end,
his privileges and immunities and those of a member of his family forming
part of his household or a member of his private staff shall normally cease
at the moment when the person concerned leaves the receiving State or on
the expiry of a reasonable period in which to do so, whichever is the
sooner, but shall subsist until that time, even in case of armed conflict.
In the case of the persons referred to in paragraph 2 of this Article,
their privileges and immunities shall come to an end when they cease to
belong to the household or to be in the service of a member of the consular
post provided, however, that if such persons intend leaving the receiving
State within a reasonable period thereafter, their privileges and
immunities shall subsist until the time of their departure.
 
4. However, with respect to acts performed by a consular officer or a
consular employee in the exercise of his functions, immunity from
jurisdiction shall continue to subsist without limitation of time.
 
5. In the event of the death of a member of the consular post, the members
of his family forming part of his household shall continue to enjoy the
privileges and immunities accorded to them until they leave the receiving
State or until the expiry of a reasonable period enabling them to do so,
whichever is the sooner.
 
Article 54
OBLIGATIONS OF THIRD STATES
 
1. If a consular officer passes through or is in the territory of a third
State, which has granted him a visa if a visa was necessary, while
proceeding to take up or return to his post or when returning to the
sending State, the third State shall accord to him all immunities provided
for by the other Articles of the present Convention as may be required to
ensure his transit or return. The same shall apply in the case of any
member of his family forming part of his household enjoying such privileges
and immunities who are accompanying the consular officer or travelling
separately to join him or to return to the sending State.
 
2. In circumstances similar to those specified in paragraph 1 of this
Article, third States shall not hinder the transit through their territory
of other members of the consular post or of members of their families
forming part of their households.
 
3. Third States shall accord to official correspondence and to 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. They shall accord to consular couriers who
have been granted a visa, if a visa was necessary, and to consular bags in
transit, the same inviolability and protection as the receiving State is
bound to accord under the present Convention.
 
4. 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 official communications and to consular bags, whose
presence in the territory of the third State is due to force majeure.
 
Article 55
RESPECT FOR THE LAWS AND REGULATIONS OF THE RECEIVING 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.
 
2. The consular premises shall not be used in any manner incompatible with
the exercise of consular functions.
 
3. The provisions of paragraph 2 of this Article shall not exclude the
possibility of offices of other institutions or agencies being installed in
part of the building in which the consular premises are situated, provided
that the premises assigned to them are separate from those used by the
consular post. In that event, the said offices shall not, for the purposes
of the present Convention, be considered to form part of the consular
premises.
 
Article 56
INSURANCE AGAINST THIRD PARTY RISKS
 
Members of the consular post shall comply with any requirement imposed by
the laws and regulations of the receiving State in respect of insurance
against third party risks arising from the use of any vehicle, vessel or
aircraft.
 
Article 57
SPECIAL PROVISIONS CONCERNING PRIVATE GAINFUL OCCUPATION
 
1. Career consular officers shall not carry on for personal profit any
professional or commercial activity in the receiving State.
 
2. Privileges and immunities provided in this Chapter shall not be
accorded:
 
(a) to consular employees or to members of the service staff who carry on
any private gainful occupation in the receiving State;
(b) to members of the family of a person referred to in sub-paragraph (a)
of this paragraph or to members of his private staff;
(c) to members of the family of a member of a consular post who
themselves carry on any private gainful occupation in the receiving
State.
 
 
CHAPTER III
 
REGIME RELATING TO HONORARY CONSULAR OFFICERS
AND CONSULAR POSTS HEADED BY SUCH OFFICERS
 
Article 58
GENERAL PROVISIONS RELATING TO FACILITIES,
PRIVILEGES AND IMMUNITIES
 
1. Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of Article
54 and paragraphs 2 and 3 of Article 55 shall apply to consular posts
headed by an honorary consular officer. In addition, the facilities,
privileges and immunities of such consular posts shall be governed by
Articles 59, 60, 61 and 62.
 
2. Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and
paragraph 1 of Article 55 shall apply to honorary consular officers. In
addition, the facilities, privileges and immunities of such consular
officers shall be governed by Articles 63, 64, 65, 66 and 67.
 
3. Privileges and immunities provided in the present Convention shall not
be accorded to members of the family of an honorary consular officer or of
a consular employee employed at a consular post headed by an honorary
consular officer.
 
4. The exchange of consular bags between two consular posts headed by
honorary consular officers in different States shall not be allowed without
the consent of the two receiving States concerned.
 
Article 59
PROTECTION OF THE CONSULAR PREMISES
 
The receiving State shall take such steps as may be necessary to protect
the consular premises of a consular post headed by an honorary consular
officer against any intrusion or damage and to prevent any disturbance of
the peace of the consular post or impairment of its dignity.
 
Article 60
EXEMPTION FROM TAXATION OF CONSULAR PREMISES
 
1. Consular premises of a consular post headed by an honorary consular
officer of which the sending State is the owner or lessee shall be exempt
from all national, regional or municipal dues and taxes whatsoever, other
than such as represent payment for specific services rendered.
 
2. The exemption from taxation referred to in paragraph 1 of this Article
shall not apply to such dues and taxes if, under the laws and regulations
of the receiving State, they are payable by the person who contracted with
the sending State.
 
Article 61
INVIOLABILITY OF CONSULAR ARCHIVES AND DOCUMENTS
 
The consular archives and documents of a consular post headed by an honorar
y consular officer shall be inviolable at all times and wherever they may
be, provided that they are kept separate from other papers and documents
and, in particular, from the private correspondence of the head of a
consular post and of any person working with him, and from the materials,
books or documents relating to their profession or trade.
 
Article 62
EXEMPTION FROM CUSTOMS DUTIES
 
The receiving State shall, in accordance with such laws and regulations as
it may adopt, permit entry of, and grant exemption from all customs duties,
taxes, and related charges other than charges for storage, cartage and
similar services on the following articles, provided that they are for the
official use of a consular post headed by an honorary consular officer:
coats-of-arms, flags, signboards, seals and stamps, books, official printed
matter, office furniture, office equipment and similar articles supplied by
or at the instance of the sending State to the consular post.
 
Article 63
CRIMINAL PROCEEDINGS
 
If criminal proceedings are instituted against an honorary consular officer
, he must appear before the competent authorities. Nevertheless, the
proceedings shall be conducted with the respect due to him by reason of his
official position and, except when he is under arrest or detention, in a
manner which will hamper the exercise of consular functions as little as
possible. When it has become necessary to detain an honorary consular
officer, the proceedings against him shall be instituted with the minimum
of delay.
 
Article 64
PROTECTION OF HONORARY CONSULAR OFFICERS
 
The receiving State is under a duty to accord to an honorary consular
officer such protection as may be required by reason of his official
position.
 
Article 65
EXEMPTION FROM REGISTRATION OF ALIENS AND RESIDENCE PERMITS
 
Honorary consular officers, with the exception of those who carry on for
personal profit any professional or commercial activity in the receiving
State, shall be exempt from all obligations under the laws and regulations
of the receiving State in regard to the registration of aliens and
residence permits.
 
Article 66
EXEMPTION FROM TAXATION
 
An honorary consular officer shall be exempt from all dues and taxes on the
remuneration and emoluments which he receives from the sending State in
respect of the exercise of consular functions.
 
Article 67
EXEMPTION FROM PERSONAL SERVICES AND CONTRIBUTIONS
 
The receiving State shall exempt honorary consular officers from all
personal services and from all public services of any kind whatsoever and
from military obligations such as those connected with requisitioning,
military contributions and billeting.
 
Article 68
OPTIONAL CHARACTER OF THE INSTITUTION
OF HONORARY CONSULAR OFFICERS
 
Each State is free to decide whether it will appoint or receive honorary
consular officers.
 
 
CHAPTER IV
 
GENERAL PROVISIONS
 
Article 69
CONSULAR AGENTS WHO ARE NOT HEADS OF CONSULAR POSTS
 
1. Each State is free to decide whether it will establish or admit consular
agencies conducted by consular agents not designated as heads of consular
post by the sending State.
 
2. The conditions under which the consular agencies referred to in
paragraph 1 of this Article may carry on their activities and the
privileges and immunities which may be enjoyed by the consular agents in
charge of them shall be determined by agreement between the sending State
and the receiving State.
 
Article 70
EXERCISE OF CONSULAR FUNCTIONS BY DIPLOMATIC MISSIONS
 
1. The provisions of the present Convention apply also, so far as the
context permits, to the exercise of consular functions by a diplomatic
mission.
 
2. The names of members of a diplomatic mission assigned to the consular
section or otherwise charged with the exercise of the consular functions of
the mission shall be notified to the Ministry for Foreign Affairs of the
receiving State or to the authority designated by that Ministry.
 
3. In the exercise of consular functions a diplomatic mission may address:
 
(a) the local authorities of the consular district;
(b) the central authorities of the receiving State if this is allowed by
the laws, regulations and usages of the receiving State or by
relevant international agreements.
 
4. The privileges and immunities of the members of a diplomatic mission
referred to in paragraph 2 of this Article shall continue to be governed by
the rules of international law concerning diplomatic relations.
 
Article 71
NATIONALS OR PERMANENT RESIDENTS OF THE RECEIVING STATE
 
1. Except in so far as additional facilities, privileges and immunities may
be granted by the receiving State, consular officers who are nationals of
or permanently resident in the receiving State shall enjoy only immunity
from jurisdiction and personal inviolability in respect of official acts
performed in the exercise of their functions, and the privilege provided in
paragraph 3 of Article 44. So far as these consular officers are concerned,
the receiving State shall likewise be bound by the obligation laid down in
Article 42. If criminal proceedings are instituted against such a consular
officer, the proceedings shall, except when he is under arrest or
detention, be conducted in a manner which will hamper the exercise of
consular functions as little as possible.
 
2. Other members of the consular post who are nationals of or permanently
resident in the receiving State and members of their families, as well as
members of the families of consular officers referred to in paragraph 1 of
this Article, shall enjoy facilities, privileges and immunities only in so
far as these are granted to them by the receiving State. Those members of
the families of members of the consular post and those members of the
private staff who are themselves nationals of or permanently resident in
the receiving State shall likewise enjoy facilities, privileges and immunit
ies only in so far as these are granted to them by the receiving State. The
receiving State shall, however, exercise its jurisdiction over those
persons in such a way as not to hinder unduly the performance of the
functions of the consular post.
 
Article 72
NON-DISCRIMINATION
 
1. In the application of the provisions of the present Convention the
receiving State shall not discriminate 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 consular posts in the sending State;
(b) where by custom or agreement States extend to each other more
favourable treatment than is required by the provisions of the
present Convention.
 
Article 73
RELATIONSHIP BETWEEN THE PRESENT CONVENTION
AND OTHER INTERNATIONAL AGREEMENTS
 
1. The provisions of the present Convention shall not affect other
international agreements in force as between States parties to them.
 
2. Nothing in the present Convention shall preclude States from concluding
international agreements confirming or supplementing or extending or
amplifying the provisions thereof.
 
 
CHAPTER V
 
FINAL PROVISIONS
 
Article 74
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 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, as follows until 31 October 1963 at the Federal Ministry
for Foreign Affairs of the Republic of Austria and subsequently, until 31
March 1964, at the United Nations Headquarters in New York.
 
Article 75
RATIFICATION
 
The present Convention is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
 
Article 76
ACCESSION
 
The present Convention shall remain open for accession by any State belongi
ng to any of the four categories mentioned in Article 74. The instruments
of accession shall be deposited with the Secretary-General of the United
Nations.
 
Article 77
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 78
NOTIFICATIONS BY THE SECRETARY-GENERAL
 
The Secretary-General of the United Nations shall inform all States belongi
ng to any of the four categories mentioned in Article 74:
 
(a) of signatures to the present Convention and of the deposit of
instruments of ratification or accession, in accordance with Articles
74, 75 and 76;
(b) of the date on which the present Convention will enter into force, in
accordance with Article 77.
 
Article 79
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 four categories
mentioned in Article 74.
 
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present
Convention.
 
DONE at Vienna, this twenty-fourth day of April, one thousand nine hundred
and sixty-three.
 
 
 
 
 
 
OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON CONSULAR RELATIONS CONCERNING
ACQUISITION OF NATIONALITY. DONE AT VIENNA, ON 24 APRIL 1963
 
 
The States Parties to the present Protocol and to the Vienna Convention on
Consular Relations, hereinafter referred to as "the Convention", adopted by
the United Nations Conference held at Vienna from 4 March to 22 April 1963,
 
Expressing their wish to establish rules between them concerning
acquisition of nationality by members of the consular post and by members
of their families forming part of their households,
 
Have agreed as follows:
 
Article I
 
For the purposes of the present Protocol, the expression "members of the
consular post" shall have the meaning assigned to it in sub-paragraph (g)
of paragraph 1 of Article 1 of the Convention, namely, "consular officers,
consular employees and members of the service staff".
 
Article II
 
Members of the consular post not being nationals of the receiving State,
and members of their families forming part of their households, shall not,
solely by the operation of the law of the receiving State, acquire the
nationality of that State.
 
Article III
 
The present Protocol shall be open for signature by all States which may
become Parties to the Convention, as follows: until 31 October 1963 at the
Federal Ministry for Foreign Affairs of the Republic of Austria and,
subsequently, until 31 March 1964, at the United Nations Headquarters in
New York.
 
Article IV
 
The present Protocol is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
 
Article V
 
The present Protocol shall remain open for accession by all States which
may become Parties to the Convention. The instruments of accession shall be
deposited with the Secretary-General of the United Nations.
 
Article VI
 
1. The present Protocol shall enter into force on the same day as the
Convention or on the thirtieth day following the date of deposit of the
second instrument of ratification of or accession to the Protocol with the
Secretary-General of the United Nations, whichever date is the later.
 
2. For each State ratifying or acceding to the present Protocol after its
entry into force in accordance with paragraph 1 of this Article, the
Protocol shall enter into force on the thirtieth day after deposit by such
State of its instrument of ratification or accession.
 
Article VII
 
The Secretary-General of the United Nations shall inform all States which
may become Parties to the Convention:
 
(a) of signatures to the present Protocol and of the deposit of
instruments of ratification or accession, in accordance with Articles
III, IV and V;
(b) of the date on which the present Protocol will enter into force, in
accordance with Article VI.
 
Article VIII
 
The original of the present Protocol, 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 referred to in Article III.
 
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present Protocol.
 
DONE at Vienna, this twenty-fourth day of April, one thousand nine hundred
and sixty-three.
 
 
 
 
 
 
OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON CONSULAR RELATIONS CONCERNING
THE COMPULSORY SETTLEMENT OF DISPUTES. DONE AT VIENNA, ON 24 APRIL
1963
 
The States Parties to the present Protocol and to the Vienna Convention on
Consular Relations, hereinafter referred to as "the Convention", adopted by
the United Nations Conference held at Vienna from 4 March to 22 April 1963,
 
Expressing their wish to resort in all matters concerning them in respect
of any dispute arising out of the interpretation or application of the
Convention to the compulsory jurisdiction of the International Court of
Justice, unless some other form of settlement has been agreed upon by the
parties within a reasonable period,
 
Have agreed as follows:
 
Article I
 
Disputes arising out of the interpretation or application of the Convention
shall lie within the compulsory jurisdiction of the International Court of
Justice and may accordingly be brought before the Court by an application
made by any party to the dispute being a Party to the present Protocol.
 
Article II
 
The parties may agree, within a period of two months after one party has
notified its opinion to the other that a dispute exists, to resort not to
the International Court of Justice but to an arbitral tribunal. After the
expiry of the said period, either party may bring the dispute before the
Court by an application.
 
Article III
 
1. Within the same period of two months, the parties may agree to adopt a
conciliation procedure before resorting to the International Court of
Justice.
 
2. The conciliation commission shall make its recommendations within five
months after its appointment. If its recommendations are not accepted by
the parties to the dispute within two months after they have been
delivered, either party may bring the dispute before the Court by an
application.
 
Article IV
 
States Parties to the Convention, to the Optional Protocol concerning
Acquisition of Nationality, and to the present Protocol may at any time
declare that they will extend the provisions of the present Protocol to
disputes arising out of the interpretation or application of the Optional
Protocol concerning Acquisition of Nationality. Such declarations shall be
notified to the Secretary-General of the United Nations.
 
Article V
 
The present Protocol shall be open for signature by all States which may
become Parties to the Convention as follows: until 31 October 1963 at the
Federal Ministry for Foreign Affairs of the Republic of Austria and,
subsequently, until 31 March 1964, at the United Nations Headquarters in
New York.
 
Article VI
 
The present Protocol is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
 
Article VII
 
The present Protocol shall remain open for accession by all States which
may become Parties to the Convention. The instruments of accession shall be
deposited with the Secretary-General of the United Nations.
 
Article VIII
 
1. The present Protocol shall enter into force on the same day as the
Convention or on the thirtieth day following the date of deposit of the
second instrument of ratification or accession to the Protocol with the
Secretary-General of the United Nations, whichever date is the later.
 
2. For each State ratifying or acceding to the present Protocol after its
entry into force in accordance with paragraph 1 of this Article, the
Protocol shall enter into force on the thirtieth day after deposit by such
State of its instrument of ratification or accession.
 
Article IX
 
The Secretary-General of the United Nations shall inform all States which
may become Parties to the Convention:
 
(a) of signatures to the present Protocol and of the deposit of
instruments of ratification or accession, in accordance with Articles
V, VI and VII;
(b) of declarations made in accordance with Article IV of the present
Protocol;
(c) of the date on which the present Protocol will enter into force, in
accordance with Article VIII.
 
Article X
 
The original of the present Protocol, 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 referred to in Article V.
 
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised
thereto by their respective Governments, have signed the present Protocol.
 
DONE at Vienna, this twenty-fourth day of April, one thousand nine hundred
and sixty-three.