Vienna Conventionon Diplomatic Relations (2024)

VIENNA CONVENTION ON DIPLOMATIC RELATIONSAND 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 haverecognizedthe status of diplomatic agents,

Having in mind the purposes and principles of the Charter of the UnitedNations concerning the sovereign equality of States, the maintenance ofinternational peace and security, and the promotion of friendly relationsamong nations,

Believing that an international convention on diplomatic intercourse,privileges and immunities would contribute to the development of friendlyrelations among nations, irrespective of their differing constitutionalandsocial systems,

Realizing that the purpose of such privileges and immunities is not tobenefit individuals but to ensure the efficient performance of thefunctions of diplomatic missions as representing States,

Affirming that the rules of customary international law should continuetogovern questions not expressly regulated by the provisions of the presentConvention,

Have agreed as follows:

Article I

For the purpose of the present Convention, the following expressionsshallhave the meanings hereunder assigned to them:

(a) the "head of the mission" is the person charged by thesending Statewith the duty of acting in that capacity;
(b) the "members of the mission" are the head of the mission andthemembers of the staff of the mission;
(c) the "members of the staff of the mission" are the members ofthediplomatic staff, of the administrative and technical staff and ofthe service staff of the mission;
(d) the "members of the diplomatic staff" are the members of thestaff ofthe mission having diplomatic rank;
(e) a "diplomatic agent" is the head of the mission or a memberof thediplomatic staff of the mission;
(f) the "members of the administrative and technical staff" arethemembers of the staff of the mission employed in the administrativeand technical service of the mission;
(g) the "members of the service staff" are the members of thestaff ofthe mission in the domestic service of the mission;
(h) a "private servant" is a person who is in the domesticservice of amember of the mission and who is not an employee of the sendingState;
(i) the "premises of the mission" are the buildings or parts ofbuildingsand the land ancillary thereto, irrespective of ownership, used forthe purposes of the mission including the residence of the head ofthe mission.

Article 2

The establishment of diplomatic relations between States, and ofpermanentdiplomatic 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 Stateand of its nationals, within the limits permitted by internationallaw;
(c) negotiating with the Government of the receiving State;
(d) ascertaining by all lawful means conditions and developments in thereceiving State, and reporting thereon to the Government of thesending State;
(e) promoting friendly relations between the sending State and thereceiving State, and developing their economic, cultural andscientific relations.

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

Article 4

1. The sending State must make certain that the agreement of thereceivingState has been given for the person it proposes to accredit as head of themission to that State.

2. The receiving State is not obliged to give reasons to the sendingStatefor a refusal of agreement.

Article 5

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

2. If the sending State accredits a head of mission to one or moreotherStates it may establish a diplomatic mission headed by a charge d'affairesad interim in each State where the head of mission has not his permanentseat.

3. A head of mission or any member of the diplomatic staff of themissionmay act as representative of the sending State to any internationalorganization.

Article 6

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

Article 7

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

Article 8

1. Members of the diplomatic staff of the mission should in principlebe ofthe nationality of the sending State.

2. Members of the diplomatic staff of the mission may not be appointedfromamong persons having the nationality of the receiving State, except withthe consent of that State which may be withdrawn at any time.

3. The receiving State may reserve the same right with regard tonationalsof 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 explainitsdecision, notify the sending State that the head of the mission or anymember of the diplomatic staff of the mission is persona non grata or thatany other member of the staff of the mission is not acceptable. In anysuchcase, the sending State shall, as appropriate, either recall the personconcerned or terminate his functions with the mission. A person may bedeclared non grata or not acceptable before arriving in the territory ofthe receiving State.

2. If the sending State refuses or fails within a reasonable period tocarry out its obligations under paragraph 1 of this Article, the receivingState may refuse to recognize the person concerned as a member of themission.

Article 10

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

(a) the appointment of members of the mission, their arrival and theirfinal departure or the termination of their functions with themission;
(b) the arrival and final departure of a person belonging to the familyof a member of the mission and, where appropriate, the fact that aperson becomes or ceases to be a member of the family of a member ofthe mission;
(c) the arrival and final departure of private servants in the employ ofpersons referred to in sub-paragraph (a) of this paragraph and, whereappropriate, the fact that they are leaving the employ of suchpersons;
(d) the engagement and discharge of persons resident in the receivingState as members of the mission or private servants entitled toprivileges and immunities.

2. Where possible, prior notification of arrival and final departureshallalso be given.

Article 11

1. In the absence of specific agreement as to the size of the mission,thereceiving State may require that the size of a mission be kept withinlimits considered by it to be reasonable and normal, having regard tocirc*mstances and conditions in the receiving State and to the needs oftheparticular mission.

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

Article 12

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

Article 13

1. The head of the mission is considered as having taken up hisfunctionsin the receiving State either when he has presented his credentials orwhenhe has notified his arrival and a true copy of his credentials has beenpresented to the Ministry for Foreign Affairs of the receiving State, orsuch other ministry as may be agreed, in accordance with the practiceprevailing in the receiving State which shall be applied in a uniformmanner.

2. The order of presentation of credentials or of a true copy thereofwillbe determined by the date and time of the arrival of the head of themission.

Article 14

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

(a) that of ambassadors or nuncios accredited to Heads of State, andother heads of mission of equivalent rank;
(b) that of envoys, ministers and internuncios accredited to Heads ofState;
(c) that of charges d'affaires accredited to Ministers for ForeignAffairs.

2. Except as concerns precedence and etiquette, there shall be nodifferentiation between heads of mission by reason of their class.

Article 15

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

Article 16

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

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

3. This article is without prejudice to any practice accepted by thereceiving State regarding the precedence of the representative of the HolySee.

Article 17

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

Article 18

The procedure to be observed in each State for the reception of headsofmission 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 themission is unable to perform his functions, a charge d'affaires ad interimshall act provisionally as head of the mission. The name of the charged'affaires ad interim shall be notified, either by the head of the missionor, in case he is unable to do so, by the Ministry for Foreign Affairs ofthe sending State to the Ministry for Foreign Affairs of the receivingState or such other ministry as may be agreed.

2. In cases where no member of the diplomatic staff of the mission ispresent in the receiving State, a member of the administrative andtechnical staff may, with the consent of the receiving State, bedesignatedby the sending State to be in charge of the current administrative affairsof the mission.

Article 20

The mission and its head shall have the right to use the flag andemblem ofthe sending State on the premises of the mission, including the residenceof the head of the mission, and on his means of transport.

Article 21

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

2. It shall also, where necessary, assist missions in obtainingsuitableaccommodation for their members.

Article 22

1. The premises of the mission shall be inviolable. The agents of thereceiving State may not enter them, except with the consent of the head ofthe mission.

2. The receiving State is under a special duty to take all appropriatesteps to protect the premises of the mission against any intrusion ordamage and to prevent any disturbance of the peace of the mission orimpairment of its dignity.

3. The premises of the mission, their furnishings and other propertythereon and the means of transport of the mission shall be immune fromsearch, requisition, attachment or execution.

Article 23

1. The sending State and the head of the mission shall be exempt fromallnational, regional or municipal dues and taxes in respect of the premisesof the mission, whether owned or leased, other than such as representpayment for specific services rendered.

2. The exemption from taxation referred to in this Article shall notapplyto such dues and taxes payable under the law of the receiving State bypersons contracting with the sending State or the head of the mission.

Article 24

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

Article 25

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

Article 26

Subject to its laws and regulations concerning zones entry into whichisprohibited or regulated for reasons of national security, the receivingState shall ensure to all members of the mission freedom of movement andtravel in its territory.

Article 27

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

2. The official correspondence of the mission shall be inviolable.Officialcorrespondence means all correspondence relating to the mission and itsfunctions.

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

4. The packages constituting the diplomatic bag must bear visibleexternalmarks of their character and may contain only diplomatic documents orarticles intended for official use.

5. The diplomatic courier, who shall be provided with an officialdocumentindicating his status and the number of packages constituting thediplomatic bag, shall be protected by the receiving State in theperformance of his functions. He shall enjoy personal inviolability andshall not be liable to any form of arrest or detention.

6. The sending State or the mission may designate diplomatic couriersadhoc. In such cases the provisions of paragraph 5 of this Article shallalsoapply, except that the immunities therein mentioned shall cease to applywhen such a courier has delivered to the consignee the diplomatic bag inhis charge.

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

Article 28

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

Article 29

The person of a diplomatic agent shall be inviolable. He shall not beliable to any form of arrest or detention. The receiving State shall treathim with due respect and shall take all appropriate steps to prevent anyattack on his person, freedom or dignity.

Article 30

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

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

Article 31

1. A diplomatic agent shall enjoy immunity from the criminaljurisdictionof the receiving State. He shall also enjoy immunity from its civil andadministrative jurisdiction, except in the case of:

(a) a real action relating to private immovable property situated intheterritory of the receiving State, unless he holds it on behalf of thesending State for the purposes of the mission;
(b) an action relating to succession in which the diplomatic agent isinvolved as executor, administrator, heir or legatee as a privateperson and not on behalf of the sending State;
(c) an action relating to any professional or commercial activityexercised by the diplomatic agent in the receiving State outside hisofficial 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 diplomaticagentexcept in the cases coming under sub-paragraphs (a), (b) and (c) ofparagraph 1 of this Article, and provided that the measures concerned canbe taken without infringing the inviolability of his person or of hisresidence.

4. The immunity of a diplomatic agent from the jurisdiction of thereceiving State does not exempt him from the jurisdiction of the sendingState.

Article 32

1. The immunity from jurisdiction of diplomatic agents and of personsenjoying 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 personenjoying immunity from jurisdiction under Article 37 shall preclude himfrom invoking immunity from jurisdiction in respect of any counter-claimdirectly connected with the principal claim.

4. Waiver of immunity from jurisdiction in respect of civil oradministrative proceedings shall not be held to imply waiver of immunityinrespect of the execution of the judgment, for which a separate waivershallbe necessary.

Article 33

1. Subject to the provisions of paragraph 3 of this Article, adiplomaticagent shall with respect to services rendered for the sending State beexempt from social security provisions which may be in force in thereceiving State.

2. The exemption provided for in paragraph 1 of this Article shall alsoapply to private servants who are in the sole employ of a diplomaticagent,on condition:

(a) that they are not nationals of or permanently resident in thereceiving State; and
(b) that they are covered by the social security provisions which may bein force in the sending State or a third State.

3. A diplomatic agent who employs persons to whom the exemptionprovidedfor in paragraph 2 of this Article does not apply shall observe theobligations which the social security provisions of the receiving Stateimpose upon employers.

4. The exemption provided for in paragraphs 1 and 2 of this Articleshallnot preclude voluntary participation in the social security system of thereceiving State provided that such participation is permitted by thatState.

5. The provisions of this Article shall not affect bilateral ormultilateral agreements concerning social security concluded previouslyandshall not prevent the conclusion of such agreements in the future.

Article 34

A diplomatic agent shall be exempt from all dues and taxes, personal orreal, national, regional or municipal, except:

(a) indirect taxes of a kind which are normally incorporated in thepriceof goods or services;(b) dues and taxes on private immovable property situated in theterritory of the receiving State, unless he holds it on behalf of thesending State for the purposes of the mission;
(c) estate, succession or inheritance duties levied by the receivingState, subject to the provisions of paragraph 4 of Article 39;
(d) dues and taxes on private income having its source in the receivingState and capital taxes on investments made in commercialundertakings 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 ofArticle 23.

Article 35

The receiving State shall exempt diplomatic agents from all personalservices, from all public service of any kind whatsoever, and frommilitaryobligations such as those connected with requisitioning, militarycontributions and billeting.

Article 36

1. The receiving State shall, in accordance with such laws andregulationsas it may adopt, permit entry of and grant exemption from all customsduties, taxes, and related charges other than charges for storage, cartageand 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 hisfamily forming part of his household, including articles intended forhis establishment.

2. The personal baggage of a diplomatic agent shall be exempt frominspection, unless there are serious grounds for presuming that itcontainsarticles not covered by the exemptions mentioned in paragraph 1 of thisArticle, or articles the import or export of which is prohibited by thelawor controlled by the quarantine regulations of the receiving State. Suchinspection shall be conducted only in the presence of the diplomatic agentor of his authorized representative.

Article 37

1. The members of the family of a diplomatic agent forming part of hishousehold shall, if they are not nationals of the receiving State, enjoythe 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 respectivehouseholds, shall, if they are not nationals of or permanently resident inthe receiving State, enjoy the privileges and immunities specified inArticles 29 to 35, except that the immunity from civil and administrativejurisdiction of the receiving State specified in paragraph 1 of Article 31shall not extend to acts performed outside the course of their duties.Theyshall also enjoy the privileges specified in Article 36, paragraph 1, inrespect of articles imported at the time of first installation.

3. Members of the service staff of the mission who are not nationals oforpermanently resident in the receiving State shall enjoy immunity inrespectof acts performed in the course of their duties, exemption from dues andtaxes on the emoluments they receive by reason of their employment and theexemption contained in Article 33.

4. Private servants of members of the mission shall, if they are notnationals of or permanently resident in the receiving State, be exemptfromdues and taxes on the emoluments they receive by reason of theiremployment. In other respects, they may enjoy privileges and immunitiesonly to the extent admitted by the receiving State. However, the receivingState must exercise its jurisdiction over those persons in such a mannerasnot to interfere unduly with the performance of the functions of themission.

Article 38

1. Except insofar as additional privileges and immunities may begranted bythe receiving State, a diplomatic agent who is a national of orpermanentlyresident in that State shall enjoy only immunity from jurisdiction, andinviolability, in respect of official acts performed in the exercise ofhisfunctions.

2. Other members of the staff of the mission and private servants whoarenationals of or permanently resident in the receiving State shall enjoyprivileges and immunities only to the extent admitted by the receivingState. However, the receiving State must exercise its jurisdiction overthose persons in such a manner as not to interfere unduly with theperformance of the functions of the mission.

Article 39

1. Every person entitled to privileges and immunities shall enjoy themfromthe moment he enters the territory of the receiving State on proceeding totake up his post or, if already in its territory, from the moment when hisappointment is notified to the Ministry for Foreign Affairs or such otherministry as may be agreed.

2. When the functions of a person enjoying privileges and immunitieshavecome to an end, such privileges and immunities shall normally cease at themoment when he leaves the country, or on expiry of a reasonable period inwhich to do so, but shall subsist until that time, even in case of armedconflict. However, with respect to acts performed by such a person in theexercise of his functions as a member of the mission, immunity shallcontinue to subsist.

3. In case of the death of a member of the mission, the members of hisfamily shall continue to enjoy the privileges and immunities to which theyare entitled until the expiry of a reasonable period in which to leave thecountry.

4. In the event of the death of a member of the mission not a nationalofor permanently resident in the receiving State or a member of his familyforming part of his household, the receiving State shall permit thewithdrawal of the movable property of the deceased, with the exception ofany property acquired in the country the export of which was prohibited atthe time of his death. Estate, succession and inheritance duties shall notbe levied on movable property the presence of which in the receiving Statewas due solely to the presence there of the deceased as a member of themission 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 athirdState, 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 tohis own country, the third State shall accord him inviolability and suchother immunities as may be required to ensure his transit or return. Thesame shall apply in the case of any members of his family enjoyingprivileges or immunities who are accompanying the diplomatic agent, ortravelling separately to join him or to return to their country.

2. In circ*mstances similar to those specified in paragraph 1 of thisArticle, third States shall not hinder the passage of members of theadministrative and technical or service staff of a mission, and of membersof their families, through their territories.

3. Third States shall accord to official correspondence and otherofficialcommunications in transit, including messages in code or cipher, the samefreedom and protection as is accorded by the receiving State. They shallaccord to diplomatic couriers, who have been granted a passport visa ifsuch visa was necessary, and diplomatic bags in transit the sameinviolability and protection as the receiving State is bound to accord.

4. The obligations of third States under paragraphs 1, 2 and 3 of thisArticle shall also apply to the persons mentioned respectively in thoseparagraphs, and to official communications and diplomatic bags, whosepresence 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 dutyofall persons enjoying such privileges and immunities to respect the lawsandregulations of the receiving State. They also have a duty not to interferein the internal affairs of that State.

2. All official business with the receiving State entrusted to themissionby the sending State shall be conducted with or through the Ministry forForeign Affairs of the receiving State or such other ministry as may beagreed.

3. The premises of the mission must not be used in any mannerincompatiblewith the functions of the mission as laid down in the present Conventionorby other rules of general international law or by any special agreementsinforce between the sending and the receiving State.

Article 42

A diplomatic agent shall not in the receiving State practise forpersonalprofit 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 thatthefunction of the diplomatic agent has come to an end;
(b) on notification by the receiving State to the sending State that, inaccordance with paragraph 2 of Article 9, it refuses to recognize thediplomatic agent as a member of the mission.

Article 44

The receiving State must, even in case of armed conflict, grantfacilitiesin order to enable persons enjoying privileges and immunities, other thannationals of the receiving State, and members of the families of suchpersons irrespective of their nationality, to leave at the earliestpossible moment. It must, in particular, in case of need, place at theirdisposal the necessary means of transport for themselves and theirproperty.

Article 45

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

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

Article 46

A sending State may with the prior consent of a receiving State, and attherequest of a third State not represented in the receiving State, undertakethe temporary protection of the interests of the third State and of itsnationals.

Article 47

1. In the application of the provisions of the present Convention, thereceiving 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 thepresent Convention restrictively because of a restrictive applicationof that provision to its mission in the sending State;
(b) where by custom or agreement States extend to each other morefavourable treatment than is required by the provisions of thepresent Convention.

Article 48

The present Convention shall be open for signature by all StatesMembers ofthe United Nations or of any of the specialized agencies or Parties to theStatute of the International Court of Justice, and by any other Stateinvited by the General Assembly of the United Nations to become a Party tothe Convention, as follows: until 31 October 1961 at the Federal Ministryfor Foreign Affairs of Austria and subsequently, until 31 March 1962, atthe United Nations Headquarters in New York.

Article 49

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

Article 50

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

Article 51

1. The present Convention shall enter into force on the thirtieth dayfollowing the date of deposit of the twenty-second instrument ofratification or accession with the Secretary-General of the UnitedNations.

2. For each State ratifying or acceding to the Convention after thedepositof the twenty-second instrument of ratification or accession, theConvention shall enter into force on the thirtieth day after deposit bysuch State of its instrument of ratification or accession.

Article 52

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

(a) of signatures to the present Convention and of the deposit ofinstruments of ratification or accession, in accordance with Articles48, 49 and 50;
(b) of the date on which the present Convention will enter into force, inaccordance 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 bedepositedwith the Secretary-General of the United Nations, who shall send certifiedcopies thereof to all States belonging to any of the four categoriesmentioned in Article 48.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being dulyauthorizedthereto by their respective Governments, have signed the presentConvention.

DONE at Vienna, this eighteenth day of April one thousand nine hundredandsixty-one.

OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON DIPLOMATICRELATIONS,CONCERNING ACQUISITION OF NATIONALITY. DONE AT VIENNA, ON 18 APRIL1961

The States Parties to the present Protocol and to the Vienna ConventiononDiplomatic Relations, hereinafter referred to as "theConvention", adoptedby the United Nations Conference held at Vienna from 2 March to 14 April1961,

Expressing their wish to establish rules between them concerningacquisition of nationality by the members of their diplomatic missions andof 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 " membersof themission " shall have the meaning assigned to it in Article 1,sub-paragraph(b), of the Convention, namely " the head of the mission and themembers ofthe staff of the mission".

Article II

Members of the mission not being nationals of the receiving State, andmembers of their families forming part of their household, shall not,solely by the operation of the law of the receiving State, acquire thenationality of that State.

Article III

The present Protocol shall be open for signature by all States whichmaybecome Parties to the Convention, as follows: until 31 October 1961 at theFederal Ministry for Foreign Affairs of Austria and subsequently, until 31March 1962, at the United Nations Headquarters in New York.

Article IV

The present Protocol is subject to ratification. The instruments ofratification shall be deposited with the Secretary-General of the UnitedNations.

Article V

The present Protocol shall remain open for accession by all Stateswhichmay become Parties to the Convention. The instruments of accession shallbedeposited with the Secretary-General of the United Nations.

Article VI

1. The present Protocol shall enter into force on the same day as theConvention or on the thirtieth day following the date of deposit of thesecond instrument of ratification or accession to the Protocol with theSecretary-General of the United Nations, whichever date is the later.

2. For each State ratifying or acceding to the present Protocol afteritsentry into force in accordance with paragraph 1 of this Article, theProtocol shall enter into force on the thirtieth day after deposit by suchState of its instrument of ratification or accession.

Article VII

The Secretary-General of the United Nations shall inform all Stateswhichmay become Parties to the Convention:

(a) of signatures to the present Protocol and of the deposit ofinstruments of ratification or accession, in accordance with ArticlesIII, IV and V;
(b) of the date on which the present Protocol will enter into force, inaccordance 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 bedepositedwith the Secretary-General of the United Nations, who shall send certifiedcopies thereof to all States referred to in Article III.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being dulyauthorizedthereto by their respective Governments, have signed the present Protocol.

DONE at Vienna, this eighteenth day of April one thousand nine hundredandsixty-one.

OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON DIPLOMATICRELATIONS,CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES. DONE AT VIENNA, ON18 APRIL 1961

Expressing their wish to resort in all matters concerning them inrespectof any dispute arising out of the interpretation or application of theConvention to the compulsory jurisdiction of the International Court ofJustice, unless some other form of settlement has been agreed upon by theparties within a reasonable period,

Have agreed as follows:

Article I

Disputes arising out of the interpretation or application of theConventionshall lie within the compulsory jurisdiction of the International Court ofJustice and may accordingly be brought before the Court by an applicationmade 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 partyhasnotified its opinion to the other that a dispute exists, to resort not tothe International Court of Justice but to an arbitral tribunal. After theexpiry of the said period, either party may bring the dispute before theCourt by an application.

Article III

1. Within the same period of two months, the parties may agree to adoptaconciliation procedure before resorting to the International Court ofJustice.

2. The conciliation commission shall make its recommendations withinfivemonths after its appointment. If its recommendations are not accepted bythe parties to the dispute within two months after they have beendelivered, either party may bring the dispute before the Court by anapplication.

Article IV

States Parties to the Convention, to the Optional Protocol concerningAcquisition of Nationality,l and to the present Protocol may at any timedeclare that they will extend the provisions of the present Protocol todisputes arising out of the interpretation or application of the OptionalProtocol concerning Acquisition of Nationality. Such declarations shall benotified to the Secretary-General of the United Nations.

Article V

Article VI

The present Protocol is subject to ratification. The instruments ofratification shall be deposited with the Secretary-General of the UnitedNations.

Article VII

Article VIII

Article IX

The Secretary-General of the United Nations shall inform all Stateswhichmay become Parties to the Convention:

(a) of signatures to the present Protocol and of the deposit ofinstruments of ratification or accession, in accordance with ArticlesV, VI and VII;
(b) of declarations made in accordance with Article IV of the presentProtocol;
(c) of the date on which the present Protocol will enter into force, inaccordance with Article VIII.

Article X

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being dulyauthorizedthereto by their respective Governments, have signed the present Protocol.

DONE at Vienna, this eighteenth day of April one thousand nine hundredandsixty-one.