1、1VIENNA CONVENTION ON CONSULAR RELATIONSDone at Vienna, on 24 April 1963The states parties to the present convention,Recalling that consular relations have been established between peoples since ancient times,Having in mind the Purposes and Principles of the Charter of the United Nations concerning
2、the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations,Considering that the United Nations Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on Diplomatic Relations, which was opened
3、 for signature on 18 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 su
4、ch privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by consular posts on behalf of their respective States,Affirming that the rules of customary international law continue to govern matters not expressly regulated by the provisions of the p
5、resent Convention,Have agreed as follows:Article 1 Definitions1. 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
6、“ 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
7、 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, consu
8、lar 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;i) “member of the private staff“ means a person who is employed exclusively in the private service of
9、 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, t
10、apes 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 Chapt
11、er 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 Sta
12、te is governed by Article 71 of the present Convention.CHAPTER I. CONSULAR RELATIONS IN GENERALSECTION I. ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS Article 2 Establishment of consular relations1. The establishment of consular relations between States takes place by mutual consent.2. The consen
13、t 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.Article 3 Exercise of consular functi
14、onsConsular functions are exercised by consular posts. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention.2Article 4 Establishment of a consular post1. A consular post may be established in the territory of the receiving State only with that St
15、ates consent.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
16、 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 prio
17、r 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 at the seat thereof.Article 5 Consular functionsConsular functions consist in:a) protecting in the receiving State the interests of the sending State
18、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
19、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 person
20、s 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
21、 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 s
22、ending 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 lackin
23、g 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 s
24、ending 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 interests of these nationals, where, because of absence or any
25、 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 agr
26、eements 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
27、nationality of the sending State, and of aircraft registered in that State, and in respect of their crews;l) 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
28、ships 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 authorized by the la
29、ws 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 internation
30、al agreements in force between the sending State and the receiving State.3Article 6 Exercise of consular functions outside the consular districtA consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district.Article 7 Ex
31、ercise of consular functions in a third StateThe sending State may, after notifying the States concerned, entrust a consular post established in a particular State with the exercise of consular functions in another State, unless there is express objection by one of the States concerned.Article 8 Exe
32、rcise of consular functions on behalf of a third StateUpon appropriate notification to the receiving State, a consular post of the sending State may, unless the receiving State objects, exercise consular functions in the receiving State on behalf of a third State.Article 9 Classes of heads of consul
33、ar posts1. Heads of consular posts are divided into four classes, namely:a) consuls-general;b) consuls;c) vice-consuls;d) consular agents.2. Paragraph 1 of this Article in no way restricts the right of any of the Contracting Parties to fix the designation of consular officers other than the heads of
34、 consular posts.Article 10 Appointment and admission of heads of consular posts1. Heads of consular posts are appointed by the sending State and are admitted to the exercise of their functions by the receiving State.2. Subject to the provisions of the present Convention, the formalities for the appo
35、intment 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.Article 11 The consular commission or notification of appointment1. The head of a consular post shall be provided by the sendin
36、g State with a document, in the form of a commission or similar instrument, made out for each appointment, certifying his capacity and showing, as a general rule, his full name, his category and class, the consular district and the seat of the consular post.2. The sending State shall transmit the co
37、mmission 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 t
38、o the receiving State a notification containing the particulars required by paragraph 1 of this Article.Article 12 The exequatur1. The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this auth
39、orization.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.4Article 13 Provisional adm
40、ission of heads of consular postsPending delivery of the exequatur, the head of a consular post may be admitted on a provisional basis to the exercise of his functions. In that case, the provisions of the present Convention shall apply.Article 14 Notification to the authorities of the consular distr
41、ictAs soon as the head of a consular post is admitted even provisionally to the exercise of his functions, the receiving State shall immediately notify the competent authorities of the consular district. It shall also ensure that the necessary measures are taken to enable the head of a consular post
42、 to carry out the duties of his office and to have the benefit of the provisions of the present Convention.Article 15 Temporary exercise of the functions of the head of a consular post1. If the head of a consular post is unable to carry out his functions or the position of head of consular post is v
43、acant, an acting head of post may act provisionally as head of the 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
44、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 hea
45、d 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 po
46、st, 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 s
47、ubject to conditions not fulfilled by the acting head of post.4. When, in the circumstances referred to in paragraph 1 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,
48、 he shall, if the receiving State does not object thereto, continue to enjoy diplomatic privileges and immunities.Article 16 Precedence as between heads of consular posts1. Heads of consular posts shall rank in each class according to the date of the grant of the exequatur.2. If, however, the head o
49、f 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 11 were presented to the receiving
