Vienna Convention on Diplomatic Relations

VIENNA CONVENTION ON DIPLOMATIC RELATIONS
AND OPTIONAL PROTOCOLS DONE AT VIENNA, ON 18 APRIL 1961

The States Parties to the present Convention,

Recalling that peoples of all nations from ancient times have recognized
the status of diplomatic agents,

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 promotion of friendly relations
among nations,

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,

Affirming that the rules of customary international law should continue to
govern questions not expressly regulated by the provisions of the present
Convention,

Have agreed as follows:

Article I

For the purpose of the present Convention, the following expressions shall
have the meanings hereunder assigned to them:

(a) the “head of the mission” is the person charged by the sending State
with the duty of acting in that capacity;
(b) the “members of the mission” are the head of the mission and the
members of the staff of the mission;
(c) the “members of the staff of the mission” are the members of the
diplomatic staff, of the administrative and technical staff and of
the service staff of the mission;
(d) the “members of the diplomatic staff” are the members of the staff of
the mission having diplomatic rank;
(e) a “diplomatic agent” is the head of the mission or a member of the
diplomatic staff of the mission;
(f) the “members of the administrative and technical staff” are the
members of the staff of the mission employed in the administrative
and technical service of the mission;
(g) the “members of the service staff” are the members of the staff of
the mission in the domestic service of the mission;
(h) a “private servant” is a person who is in the domestic service of a
member of the mission and who is not an employee of the sending
State;
(i) the “premises of the mission” are the buildings or parts of buildings
and the land ancillary thereto, irrespective of ownership, used for
the purposes of the mission including the residence of the head of
the mission.

Article 2

The establishment of diplomatic relations between States, and of permanent
diplomatic missions, takes place by mutual consent.

Article 3

1. The functions of a diplomatic mission consist inter alia in:

(a) representing the sending State in the receiving State;
(b) protecting in the receiving State the interests of the sending State
and of its nationals, within the limits permitted by international
law;
(c) negotiating with the Government of the receiving State;
(d) ascertaining by all lawful means conditions and developments in the
receiving State, and reporting thereon to the Government of the
sending State;
(e) promoting friendly relations between the sending State and the
receiving State, and developing their economic, cultural and
scientific relations.

2. Nothing in the present Convention shall be construed as preventing the
performance of consular functions by a diplomatic mission.

Article 4

1. The sending State must make certain that the agr‚ment of the receiving
State has been given for the person it proposes to accredit as head of the
mission to that State.

2. The receiving State is not obliged to give reasons to the sending State
for a refusal of agr‚ment.

Article 5

1. The sending State may, after it has given due notification to the
receiving States concerned, accredit a head of mission or assign any member
of the diplomatic staff, as the case may be, to more than one State, unless
there is express objection by any of the receiving States.

2. If the sending State accredits a head of mission to one or more other
States it may establish a diplomatic mission headed by a charge d’affaires
ad interim in each State where the head of mission has not his permanent
seat.

3. A head of mission or any member of the diplomatic staff of the mission
may act as representative of the sending State to any international
organization.

Article 6

Two or more States may accredit the same person as head of mission to
another State, unless objection is offered by the receiving State.

Article 7

Subject to the provisions of Articles 5, 8, 9 and 11, the sending State may
freely appoint the members of the staff of the mission. In the case of
military, naval or air attaches, the receiving State may require their
names to be submitted beforehand, for its approval.

Article 8

1. Members of the diplomatic staff of the mission should in principle be of
the nationality of the sending State.

2. 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 that State which may be withdrawn at any time.

3. The receiving State may reserve the same right with regard to nationals
of a third State who are not also nationals of the sending State.

Article 9

1. 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 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
mission.

Article 10

1. The Ministry for Foreign Affairs of the receiving State, or such other
ministry as may be agreed, shall be notified of:

(a) the appointment of members of the mission, their arrival and their
final departure or the termination of their functions with the
mission;
(b) the arrival and final departure of a person belonging to the family
of a member of the mission and, where appropriate, the fact that a
person becomes or ceases to be a member of the family of a member of
the mission;
(c) the arrival and final departure of private servants in the employ of
persons referred to in sub-paragraph (a) of this paragraph and, where
appropriate, the fact that they are leaving the employ of such
persons;
(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.

2. Where possible, prior notification of arrival and final departure shall
also be given.

Article 11

1. In the absence of specific agreement as to the size of the mission, the
receiving State may require that the size of a mission be kept within
limits considered by it to be reasonable and normal, having regard to
circumstances and conditions in the receiving State and to the needs of the
particular mission.

2. The receiving State may equally, within similar bounds and on a
nondiscriminatory basis, refuse to accept officials of a particular
category.

Article 12

The sending State may not, without the prior express consent of the
receiving State, establish offices forming part of the mission in
localities other than those in which the mission itself is established.

Article 13

1. The head of the mission is considered as having taken up his functions
in the receiving State either when he has presented his credentials or when
he has notified his arrival and a true copy of his credentials has been
presented to the Ministry for Foreign Affairs of the receiving State, or
such other ministry as may be agreed, in accordance with the practice
prevailing in the receiving State which shall be applied in a uniform
manner.

2. The order of presentation of credentials or of a true copy thereof will
be determined by the date and time of the arrival of the head of the
mission.

Article 14

1. Heads of mission are divided into three classes, namely:

(a) that of ambassadors or nuncios accredited to Heads of State, and
other heads of mission of equivalent rank;
(b) that of envoys, ministers and internuncios accredited to Heads of
State;
(c) that of charges d’affaires accredited to Ministers for Foreign
Affairs.

2. Except as concerns precedence and etiquette, there shall be no
differentiation between heads of mission by reason of their class.

Article 15

The class to which the heads of their missions are to be assigned shall be
agreed between States.

Article 16

1. Heads of mission shall take precedence in their respective classes in
the order of the date and time of taking up their functions in accordance
with Article 13.

2. Alterations in the credentials of a head of mission not involving any
change of class shall not affect his precedence.

3. This article is without prejudice to any practice accepted by the
receiving State regarding the precedence of the representative of the Holy
See.

Article 17

The precedence of the members of the diplomatic staff of the mission shall
be notified by the head of the mission to the Ministry for Foreign Affairs
or such other ministry as may be agreed.

Article 18

The procedure to be observed in each State for the reception of heads of
mission shall be uniform in respect of each class.

Article 19

1. If the post of head of the mission is vacant, or if the head of the
mission is unable to perform his functions, a charge d’affaires ad interim
shall act provisionally as head of the mission. The name of the charge
d’affaires ad interim shall be notified, either by the head of the mission
or, in case he is unable to do so, by the Ministry for Foreign Affairs of
the sending State to the Ministry for Foreign Affairs of the receiving
State or such other ministry as may be agreed.

2. In cases where no member of the 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.

Article 20

The mission and its head shall have the right 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.

Article 21

1. The receiving State shall either facilitate the acquisition on its
territory, in accordance with its laws, by the sending State of premises
necessary for its mission or assist the latter in obtaining accommodation
in some other way.

2. It shall also, where necessary, assist missions in obtaining suitable
accommodation for their members.

Article 22

1. 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.

2. 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.

3. 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.

Article 23

1. The sending State and the head of the mission shall be exempt from all
national, regional or municipal dues and taxes in respect of the premises
of the mission, whether owned or leased, 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 the head of the mission.

Article 24

The archives and documents of the mission shall be inviolable at any time
and wherever they may be.

Article 25

The receiving State shall accord full facilities for the performance of the
functions of the mission.

Article 26

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 mission freedom of movement and
travel in its territory.

Article 27

1. The receiving State shall permit and protect free communication on the
part of the mission for all official purposes. In communicating with the
Government and the other missions and consulates of the sending State,
wherever situated, the mission may employ all appropriate means, including
diplomatic couriers and messages in code or cipher. However, the mission
may install and use a wireless transmitter only with the consent of the
receiving State.

2. The official correspondence of the mission shall be inviolable. Official
correspondence means all correspondence relating to the mission and its
functions.

3. The diplomatic bag shall not be opened or detained.

4. The packages constituting the diplomatic bag must bear visible external
marks of their character and may contain only diplomatic documents or
articles intended for official use.

5. The diplomatic courier, who shall be provided with an official document
indicating his status and the number of packages constituting the
diplomatic 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 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.

7. A diplomatic bag may be entrusted to the captain of a commercial
aircraft scheduled to land at an authorized port of entry. He shall be
provided with an official document indicating the number of packages
constituting the bag but he shall not be considered to be a diplomatic
courier. The mission may send one of its members to take possession of the
diplomatic bag directly and freely from the captain of the aircraft.

Article 28

The fees and charges levied by the mission in the course of its official
duties shall be exempt from all dues and taxes.

Article 29

The person of a 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 30

1. The private residence of a diplomatic agent shall enjoy the same
inviolability and protection as the premises of the mission.

2. His papers, correspondence and, except as provided in paragraph 3 of
Article 31, his property, shall likewise enjoy inviolability

Article 31

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:

(a) a real action relating to private immovable property situated in the
territory of the receiving State, unless he holds it on behalf of the
sending State for the purposes of the mission;
(b) an action relating to succession in which the diplomatic agent 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 diplomatic agent in the receiving State outside his
official functions.

2. A diplomatic agent is not obliged to give evidence as a witness.

3. No measures of execution may be taken in respect of a diplomatic agent
except in the cases coming under sub-paragraphs (a), (b) and (c) of
paragraph 1 of this Article, and provided that the measures concerned can
be taken without infringing the inviolability of his person or of his
residence.

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

1. The immunity from jurisdiction of diplomatic agents and of persons
enjoying immunity under Article 37 may be waived by the sending State.

2. Waiver must always be express.

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 judgment, for which a separate waiver shall
be necessary.

Article 33

1. Subject to the provisions of paragraph 3 of this Article, a diplomatic
agent shall with respect to 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 private servants who are in the sole employ of a diplomatic agent,
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 may be
in force in the sending State or a third State.

3. A diplomatic agent who employs 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.

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 34

A diplomatic agent 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 he 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 paragraph 4 of Article 39;
(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;
(f) registration, court or record fees, mortgage dues and stamp duty,
with respect to immovable property, subject to the provisions of
Article 23.

Article 35

The receiving State shall exempt diplomatic agents 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 36

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 mission;
(b) articles for the personal use of a diplomatic agent or members of his
family forming part of his household, including articles intended for
his establishment.

2. The personal baggage of a diplomatic agent 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. Such
inspection shall be conducted only in the presence of the diplomatic agent
or of his authorized representative.

Article 37

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.

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

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

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.

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.

4. In the event of the death of a member of the mission not a national of
or permanently resident in the receiving State or a member of his family
forming part of his household, 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. Estate, succession and inheritance duties shall not
be levied on movable property the presence of which in the receiving State
was due solely to the presence there of the deceased as a member of the
mission or as a member of the family of a member of the mission.

Article 40

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.

2. In circumstances similar to those specified in paragraph 1 of this
Article, third States shall not hinder the passage of members of the
administrative and technical or service staff of a mission, and 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 is accorded by the receiving State. They shall
accord to diplomatic couriers, who have been granted a passport visa if
such visa was necessary, and diplomatic bags in transit the same
inviolability and protection as the receiving State is bound to accord.

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 diplomatic bags, whose
presence in the territory of the third State is due to force majeure.

Article 41

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. All official business with the receiving State entrusted to the mission
by the sending State shall be conducted with or through the Ministry for
Foreign Affairs of the receiving State or such other ministry as may be
agreed.

3. The premises of the mission must not be used in any manner incompatible
with the functions of the mission as laid down in the present Convention or
by other rules of general international law or by any special agreements in
force between the sending and the receiving State.

Article 42

A diplomatic agent shall not in the receiving State practise for personal
profit any professional or commercial activity.

Article 43

The function of a diplomatic agent comes to an end, inter alia:

(a) on notification by the sending State to the receiving State that the
function of the diplomatic agent has come to an end;
(b) on notification by the receiving State to the sending State that, in
accordance with paragraph 2 of Article 9, it refuses to recognize the
diplomatic agent as a member of the mission.

Article 44

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.

Article 45

If diplomatic relations are broken off between two States, or if a mission
is permanently or temporarily recalled:

(a) the receiving State must, even in case of armed conflict, respect and
protect the premises of the mission, together with its property and
archives;
(b) the sending State may entrust the custody of the premises of the
mission, together with its property and archives, to a third State
acceptable to the receiving State;
(c) the sending State may entrust the protection of its interests and
those of its nationals to a third State acceptable to the receiving
State.

Article 46

A sending State may with the prior consent of a receiving State, and at the
request of a third State not represented in the receiving State, undertake
the temporary protection of the interests of the third State and of its
nationals.

Article 47

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 mission 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 48

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 1961 at the Federal Ministry
for Foreign Affairs of Austria and subsequently, until 31 March 1962, at
the United Nations Headquarters in New York.

Article 49

The present Convention is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.

Article 50

The present Convention shall remain open for accession by any State
belonging to any of the four categories mentioned in Article 48. The
instruments of accession shall be deposited with the Secretary-General of
the United Nations.

Article 51

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 52

The Secretary-General of the United Nations shall inform all States
belonging to any of the four categories mentioned in Article 48:

(a) of signatures to the present Convention and of the deposit of
instruments of ratification or accession, in accordance with Articles
48, 49 and 50;
(b) of the date on which the present Convention will enter into force, in
accordance with Article 51.

Article 53

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 48.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present
Convention.

DONE at Vienna, this eighteenth day of April one thousand nine hundred and
sixty-one.

OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS,
CONCERNING ACQUISITION OF NATIONALITY. DONE AT VIENNA, ON 18 APRIL
1961

The States Parties to the present Protocol and to the Vienna Convention on
Diplomatic Relations, hereinafter referred to as “the Convention”, adopted
by the United Nations Conference held at Vienna from 2 March to 14 April
1961,

Expressing their wish to establish rules between them concerning
acquisition of nationality by the members of their diplomatic missions and
of the families forming part of the household of those members,

Have agreed as follows:

Article I

For the purpose of the present Protocol, the expression ” members of the
mission ” shall have the meaning assigned to it in Article 1, sub-paragraph
(b), of the Convention, namely ” the head of the mission and the members of
the staff of the mission”.

Article II

Members of the mission not being nationals of the receiving State, and
members of their families forming part of their household, 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 1961 at the
Federal Ministry for Foreign Affairs of Austria and subsequently, until 31
March 1962, 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 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 eighteenth day of April one thousand nine hundred and
sixty-one.

OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS,
CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES. DONE AT VIENNA, ON
18 APRIL 1961

The States Parties to the present Protocol and to the Vienna Convention on
Diplomatic Relations, hereinafter referred to as “the Convention”, adopted
by the United Nations Conference held at Vienna from 2 March to 14 April
1961,

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,l 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 1961 at the
Federal Ministry for Foreign Affairs of Austria and subsequently, until 31
March 1962, 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 day 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 authorized
thereto by their respective Governments, have signed the present Protocol.

DONE at Vienna, this eighteenth day of April one thousand nine hundred and
sixty-one.