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LAWS OF FIJI
BACK CONSULAR PRIVILEGES AND IMMUNITIES AN ACT TO AMEND THE LAW RELATING TO CONSULAR PRIVILEGES AND IMMUNITIES AND TO GIVE EFFECT TO THE VIENNA CONVENTION ON CONSULAR RELATIONS [22nd December, 1972] "Article" means an Article of the Convention; "Convention" means the Vienna Convention on Consular Relations signed in 1963 a copy of which is set out in the First Schedule. (2) The references in Article 44 to matters connected with the exercise of the functions of members of a consular post shall be construed as references to matters connected with the exercise of consular functions by consular officers or consular employees. (3) For the purposes of Article 45 and that Article as applied by Article 58 a waiver shall be deemed to have been expressed by a State if it has been expressed by the head, or any person for the time being performing the functions of head, of the diplomatic mission of that State or, if there is no such mission, of the consular post concerned. (4) Article 48 shall not affect any agreement made between or on behalf of Fiji and any other State before the commencement of this Act and shall not be taken to prevent the making of any such agreement after the commencement of this Act. (5) Articles 50, 51, 52, 54, 62 and 67 shall be construed as granting any privilege or immunity which they require to be granted. (6) The reference in Article 57 to the privileges and immunities provided in Chapter II shall be construed as referring to those provided in Section II of that Chapter of the Convention. (7) The reference in Article 70 to the rules of international law concerning diplomatic relations shall be construed as a reference to the provisions of the Diplomatic Privileges and Immunities Act. (Cap. 8) (8) The references in Article 71 to additional privileges and immunities that may be granted by the receiving State or to privileges and immunities so far as these are granted by the receiving State shall be construed as referring to such privileges and immunities as may be specified by the Minister by order. (2) Where any agreement made, whether before or after the commencement of this Act, between or on behalf of Fiji and any other State provides for according to consular posts and persons connected with them some but not all of the privileges and immunities accorded to them by the other provisions of this Act, the Minister may by order provide for the exclusion, with respect to consular posts of that State and persons connected with them, of any of those privileges and immunities which are not provided for by the agreement.
(1) in relation to the diplomatic agents or consular officers of any State if it appears to him that in any territory of that State diplomatic agents or consular officers of Fiji are not permitted to perform functions corresponding in nature and extent to those authorised by that subsection. THE STATES PARTIES TO THE PRESENT CONVENTION 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, CQNSIDERING that the United Nations Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on' Diplomatic Relations which was opened for signature on 18th April, 1961, BELIEVING that an international convention' on. consular relations, privileges and immunities would also contribute to the development of friendly relations among, nations, irrespective of their differing constitutional and social systems, REALIZING that the purpose of such privilege and immunities is not to benefit individuals but to ensure the efficient performance o£ functions by consular posts on behalf of their respective States, AFFIRMIMG that the rules of customary international law continue to govern matters, not expressly regulated by the provisions of the present Convention, HAVE AGREED as follows:— ARTICLE I Defmitt0¹S 1. For the purposes of the present Convention, the following expressions shall have the meanings hereunder assigned to them:— (a) "consular post" means any consulate-general, consulate, vice-consulate or consular agency; (b) "consular district" means the area assigned to a consular post for the exercise of consular functions; (c) "head of consular post" means, the person charged with the duty of acting in that capacity; (d) "consular officer" means any person, including the head of a consular post, entrusted in that capacity with' the exercise of consular functions; (e) "consular employee" means any person employed in the administrative or technical service of a consular post; (f) "member of the service staff" means any person employed in the domestic service of a consular post; (g) "members of the consular post" means consular officers, consular employees and members of the service staff; (h) "members of the consular staff" means consular officers, other than the head of a consular post, consular employees and members of the service staff; d) "member of the private staff" means a person who is employed exclusively in the private service of a member of the consular post; (j) "consular premises" means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post; (k) "consular archives" includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, the card-indexes and any article of furniture intended for their protection or safekeeping. 2. Consular officers are of two categories, namely career consular officers and honorary consular officers. The provisions of Chapter II of the present Convention apply to consular posts headed by career consular officers; the provisions of Chapter III govern consular posts headed by honorary consular officers. 3. The particular status of members of the consular posts who are nationals or permanent residents of the receiving State is governed by Article 71 of the present Convention. CONSULAR RELATIONS IN GENERAL SECTION I ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS ARTICLE 2 Establishment of Consular Relations 2. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations. 3. The severance of diplomatic relations shall not ipso facto involve the severance of consular relations. Exercise of Consular Functions diplomatic missions in accordance with the provisions of the present Convention. Establishment of a Consular Post 2. The seat of the consular post, its classification and the consular district shall be established by the sending State and shall be subject to the approval of the receiving State. 3. Subsequent changes in the seat of the consular post, its classification or the consular district may be made by the sending State only with the consent of the receiving State. 4. The consent of the receiving State shall also be required if a consulate-general or a consulate desires to open a vice-consulate or a consular agency in a locality other than that in which it is itself established. 5. The prior express consent of the receiving State shall also be required for the opening of an office forming part of an existing consular post elsewhere than that at the seat thereof. Consular Functions (a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law; (b) furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the provisions of the present Convention; (c) ascertaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting thereon to the Government of the sending State and giving information to persons interested; (d) issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State; (e) helping and assisting nationals, both individuals and bodies corporate, of the sending State; (f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State; (g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending State in cases of succession mortis causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving State; (h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons; (i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interest of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests; (j) transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State; (k) exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having the nationality of the sending State, and of aircraft registered in that State, and in respect of their crews; (1) extending assistance to vessels and aircraft mentioned in sub-paragraph (k) of this Article and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship's papers, and, without prejudice to the powers of the authorities of the receiving State, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen in so far as this may be authorised by the laws and regulations of the sending State; (m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State. Exercise of Consular Functions outside the Consular District Exercise of Consular Functions in a Third State Exercise of Consular Functions on Behalf of a Third State Classes of Heads of Consular Posts
Appointment and Admission of Heads of Consular Posts 2. Subject to the provisions of the present Convention, the formalities for the appointment and for the admission of the head of a consular post are determined by the laws, regulations and usages of the sending State and of the receiving State respectively. The Consular Commission or Notification of Appointment 2. The sending State shall transmit the commission or similar instrument through the diplomatic or other appropriate channel to the Government of the State in whose territory the head of a consular post is to exercise his functions. 3. If the receiving State agrees, the sending State may, instead of a commission or similar instrument, send to the receiving State a notification containing the particulars required by paragraph I of this Article. The Exequatur 2. A State which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal. 3. Subject to the provisions of Articles 13 and 15, the head of a consular post shall not enter upon his duties until he has received an exequatur. Provisional Admission of Heads of Consular Posts Notification to the Authorities of the Consular District Temporary Exercise of the Functions of the Head of a Consular Post 2. The full name of the acting head of post shall be notified either by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, or, if he is unable to do so, by any competent authority of the sending State, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry. As a general rule, this notification shall be given in advance. The receiving State may make the admission as acting head of post of a person who is neither a diplomatic agent nor a consular officer of the sending State in the receiving State conditional on its consent. 3. The competent authorities of the receiving State shall afford assistance and protection to the acting head of post. While he is in charge of the post, the provisions of the present Convention shall apply to him on the same basis as to the head of the consular post concerned. The receiving State shall not, however, be obliged to grant to an acting head of post any facility, privilege or immunity which the head of the consular post enjoys only subject to conditions not fulfilled by the acting head of post. 4. When, in the circumstances referred to in paragraph I of this Article, a member of the diplomatic staff of the diplomatic mission of the sending State in the receiving State is designated by the sending State as an acting head of post, he shall, if the receiving State does not object thereto, continue to enjoy diplomatic privileges and immunities. Precedence as Between Heads of Consular Posts 2. If, however, the head of a consular post before obtaining the exequatur is admitted to the exercise of his functions provisionally, his precedence shall be determined according to the date of the provisional admission; this precedence shall be maintained after the granting of the exequatur. 3. The order of precedence as between two or more heads of consular posts who obtained the exequatur or provisional admission on the same date shall be determined according to the dates on which their commissions or similar instruments or the notifications referred to in paragraph 3 of Article II were presented to the receiving State. 4. Acting heads of posts shall rank after all heads of consular posts and, as between themselves, they shall rank according to the dates on which they assumed their functions as acting heads of posts as indicated in the notifications given under paragraph 2 of Article 15. 5. Honorary consular officers who are heads of consular posts shall rank in each class after career heads of consular posts, in the order and according to the rules laid down in the foregoing paragraphs. 6. Heads of consular posts shall have precedence over consular officers not having that status. Performance of Diplomatic Acts by Consular Officers 2. A consular officer may, after notification addressed to the receiving State, act as representative of the sending State to any inter-governmental organization. When so acting, he shall be entitled to enjoy any privileges and immunities accorded to such a representative by customary international law or by international agreements; however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention. Appointment of the Same Person by Two or More States as a Consular Officer Appointment of Members of Consular Staff 2. The full name, category and class of all consular officers, other than the head of a consular post, shall be notified by the sending State to the receiving State in sufficient time for the receiving State, if it so wishes, to exercise its rights under paragraph 3 of Article 23. 3. The sending State may, if required by its law and regulations, request the receiving State to grant an exequatur to a consular officer other than the head of a consular post. 4. The receiving State may, if required by its laws and regulations, grant an exequatur to a consular officer other than the head of a consular post. Size of the Consular Staff Precedence as Between Consular Officers of a Consular Post Nationality of Consular Officers 2. Consular officers may not be appointed from among persons having the nationality of the receiving State except with the express 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. Persons Declared "Non Grata" 2. If the sending State refuses or fails within a reasonable time to carry out its obligations under paragraph I of this Article, the receiving State may, as the case may be, either withdraw the exequatur from the person concerned or cease to consider him as a member of the consular staff. 3. A person appointed as a member of a consular post may be declared unacceptable before arriving in the territory of the receiving State or, if already in the receiving State, before entering on his duties with the consular post. In any such case, the sending State shall withdraw his appointment. 4. In the cases mentioned in paragraphs I and 3 of this Article, the receiving State is not obliged to give to the sending State reasons for its decision. Notification to the Receiving State of Appointments, Arrivals and Departures
END OF CONSULAR FUNCTIONS ARTICLE 25 Termination of the Functions of a Member of a Consular Post
Departure from the Territory of the Receiving State Protection of Consular Premises and Archives and of the Interests of the Sending State in Exceptional Circumstances
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST SECTION I FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO A CONSULAR POST ARTICLE 28 Facilities for the Work of the Consular Post Use of National Flag and Coat-of-Arms 2. The national flag of the sending State may be flown and its coat-of-arms displayed on the building occupied by the consular post and at the entrance door thereof, on the residence of the head of the consular post and on his means of transport when used on official business. 3. In the exercise of the right accorded by this Article regard shall be had to the laws, regulations and usages of the receiving State. Accommodation 2. It shall also, where necessary, assist the consular post in obtaining suitable accommodation for its members. Inviolability of the Consular Premises 2. The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action. 3. Subject to the provisions of paragraph 2 of this Article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity. 4. The consular premises, their furnishings, the property of the consular post and its means of transport shall be immune from any form of requisition for purposes of national defence or public utility. If expropriation is necessary for such purposes, all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid to the sending State. Exemption from Taxation of Consular Premises Use of National Flag and Coat-of-Arms 2. The national flag of the sending State may be flown and its coat-of-arms displayed on the building occupied by the consular post and at the entrance door thereof, on the residence of the head of the consular post and on his means of transport when used on official business. 3. In the exercise of the right accorded by this Article regard shall be had to the laws, regulations and usages of the receiving State. Accommodation 2. It shall also, where necessary, assist the consular post in obtaining suitable accommodation for its members. Inviolability of the Consular Premises 2. The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action. 3. Subject to the provisions of paragraph 2 of this Article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity. 4. The consular premises, their furnishings, the property of the consular post and its means of transport shall be immune from any form of requisition for purposes of national defence or public utility. If expropriation is necessary for such purposes, all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid to the sending State. Exemption from Taxation of Consular Premises 2. The exemption from taxation referred to in paragraph I of this Article shall not apply to such dues and taxes if, under the law of the receiving State, they are payable by the person who contracted with the sending State or with the person acting on its behalf. Inviolability of the Consular Archives and Documents Freedom of Movement Freedom of Communication 2. The official correspondence of the consular post shall be inviolable. Official correspondence means all correspondence relating to the consular post and its functions. 3. The consular bag shall be neither opened nor detained. Nevertheless, if the competent authorities of the receiving State have serious reason to believe that the bag contains something other than the correspondence, documents or articles referred to in paragraph 4 of this Article, they may request that the bag be opened in their presence by an authorised representative of the sending State. If this request is refused by the authorities of the sending State, the bag shall be returned to its place of origin. 4. The packages constituting the consular bag shall bear visible external marks of their character and may contain only official correspondence and documents or articles intended exclusively for official use. 5. The consular courier shall be provided with an official document indicating his status and the number of packages constituting the consular bag. Except with the consent of the receiving State he shall be neither a national of the receiving State, nor, unless he is a national of the sending State, a permanent resident of the receiving State. In the performance of his functions he shall be protected by the receiving State. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. 6. The sending State, its diplomatic missions and its consular posts may designate consular 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 consular bag in his charge. 7. A consular bag may be entrusted to the captain of a ship or of a commercial aircraft scheduled to land at an authorised 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 consular courier. By arrangement with the appropriate local authorities, the consular post may send one of its members to take possession of the bag directly and freely from the captain of the ship or of the aircraft. Communication and Contact with Nationals of the Sending State
Information in Cases of Deaths, Guardianship or Trusteeship, Wrecks and Air Accidents
Communication with the Authorities of the Receiving State
Consular Fees and Charges 2. The sums collected in the form of the fees and charges referred to in paragraph I of this Article, and the receipts for such fees and charges, shall be exempt from all dues and taxes in the receiving State. FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST ARTICLE 40 Protection of Consular Officers Personal Inviolability of Consular Officers 2. Except in the case specified in paragraph I 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 I 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 I of this Article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay. Notification of Arrest, Detention or Prosecution State through the diplomatic channel. Immunity from Jurisdiction 2. The provisions of paragraph I of this Article shall not, however, apply in respect of a civil action either—
Liability to Give Evidence 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 &nd documents relating thereto. They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State. Waiver of Privileges and Immunities 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 counterclaim 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 decision; in respect of such measures, a separate waiver shall be necessary. Exemption from Registration of Aliens and Residence Permits 2. The provisions of paragraph I 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. Exemption from Work Permits 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 I of this Article. Social Security Exemption 2. The exemption provided for in paragraph I 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—
4. The exemption provided for in paragraphs I 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. Exemption from Taxation
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. Exemption from Customs Duties and Inspection
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 I 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—
Exemption from Personal Services and Contributions Beginning and End of Consular Privileges and Immunities 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 I 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. Obligations of Third States 2. In circumstances similar to those specified in paragraph I 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. Respect for the Laws and Regulations of the Receiving State 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. Insurance against Third Party Risks Special Provisions Concerning Private Gainful Occupation 2. Privileges and immunities provided in this Chapter shall not be accorded—
REGIME RELATING TO HONORARY CONSULAR OFFICERS AND CONSULAR POSTS HEADED BY SUCH OFFICERS ARTICLE 58 General Provisions Relating to Facilities, Privileges and Immunities 2. Articles 42 and 43, paragraph 3 of Article 44, Articles 45 and 53 and paragraph I 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. Protection of the Consular Premises Exemption from Taxation of Consular Premises 2. The exemption from taxation referred to in paragraph I 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. Inviolability of Consular Archives and Documents Exemption from Customs Duties Criminal Proceedings Protection of Honorary Consular Officers Exemption from Registration of Aliens and Residence Permits Exemption from Taxation Exemption from Personal Services and Contributions Optional Character of the Institution of Honorary Consular Officers GENERAL PROVISIONS ARTICLE 69 Consular Agents who are not Heads of Consular Posts 2. The conditions under which the consular agencies referred to in paragraph I 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. Exercise of Consular Functions by Diplomatic Missions 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—
Nationals or Permanent Residents of the Receiving State 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 I 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 immunities 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. Non-Discrimination 2. However, discrimination shall not be regarded as taking place—
Relationship between the Present Convention and Other International Agreements 2. Nothing in the present Convention shall preclude States from concluding international agreements confirming or supplementing or extending or amplifying the provisions thereof. FINAL PROVISIONS ARTICLE 74 Signature Ratification Accession Entry into Force 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. Notifications by the Secretary-General to any of the four categories mentioned in Article 74—
Authentic Texts 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. Articles of Convention having the force of law in Fiji ARTICLE I ARTICLE 5 ARTICLE 15 ARTICLE 17 ARTICLE 31 Paragraphs 1, 2 and 4 ARTICLE 32 ARTICLE 33 ARTICLE 35 ARTICLE 39 ARTICLE 41 Paragraphs I and 2 ARTICLE 43 ARTICLE 44 ARTICLE 45 ARTICLE 48 ARTICLE 49 ARTICLE 50 ARTICLE 51 ARTICLE 52 ARTICLE 53 ARTICLE 54 ARTICLE 55 Paragraphs 2 and 3 ARTICLE 57 Paragraph 2 ARTICLE 58 Paragraphs 1, 2 and 3 ARTICLE 60 ARTICLE 61 ARTICLE 62 ARTICLE 66 ARTICLE 67 ARTICLE 70 Paragraphs 1, 2 and 4 ARTICLE 71 Controlled by Office of the Prime Minister |
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