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Contents
- Preliminary Material
- Main Text
- Introduction
- Preamble
- Definitions
- Establishment of Diplomatic Relations
- Functions of a Diplomatic Mission
- Appointment of Head of the Mission
- Multiple Accreditation
- Appointment of the Staff of the Mission
- Nationality of Diplomatic Staff
- Persona Non Grata
- Notification of Staff Appointments and Movements
- Size of the Mission
- Offices away from the Seat of the Mission
- Commencement of Functions and Precedence of Heads of Mission
- Classes of Heads of Mission
- Precedence among Heads of Mission
- Chargé d’affaires ad Interim
- Flag and Emblem of the Sending State
- Assistance in obtaining Accommodation
- Inviolability of the Mission Premises
- Article 22
- Concept of inviolability
- Historical background
- Diplomatic asylum
- Collective shelter
- Droit de chapelle
- Negotiating history: emergency on the premises of the mission
- Expropriation
- Subsequent practice: abstention from enforcement on premises
- Service of process
- Immunity from jurisdiction of the sending State
- Embassy bank accounts
- Means of transport of the mission
- Protection against intrusion
- Protection against damage
- Protection by forces or contractors of the sending State
- Prevention of disturbance of the peace of the mission or impairment of its dignity: demonstrations
- Listening devices
- Commencement and termination of inviolability of premises
- UK practice
- Exemption of Mission Premises from Taxation
- Inviolability of the Archives
- Facilities for the Mission
- Freedom of Movement
- Freedom of Communication
- Inviolability of Official Correspondence
- The Diplomatic Bag
- Diplomatic Couriers
- Exemption of Official Fees from Taxation
- Personal Inviolability
- Inviolability of Residence and Property
- Immunity from Jurisdiction
- Article 31
- Historical background
- Modern practice: scope of immunity from jurisdiction
- Modern practice: diplomatic immunity and State immunity
- Modern practice: effect of immunity on insurance
- Motoring offences and claims
- Exception for private immovable property
- ‘real action’
- Is a diplomat’s principal private residence within the exception?
- Exception for private involvement in succession
- Exception for private, professional, or commercial activity
- Meaning of ‘any professional or commercial activity’
- Meaning of ‘outside his official functions’
- Procedure when immunity is raised
- Legal effect of establishment or lifting of immunity
- Exemption from Giving Evidence
- Immunity from Execution
- Jurisdiction of the Sending State and other Remedies
- Waiver of Immunity
- Exemption from Social Security Provisions
- Exemption from Taxation
- Article 34
- General background
- Exceptions to the rule
- The general exemption
- Exception (a): ‘indirect taxes of a kind which are normally incorporated in the price of goods or services’
- Exception (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’
- Exception (c): ‘estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39’
- Exception (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’
- Exception (e): ‘charges levied for specific services rendered’
- Exception (f): ‘registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23’
- ANNEX B to Memorandum on United Kingdom practice, April 1996 Income tax and capital gains tax
- Exemption from Personal Services
- Exemption from Customs Duties and Inspection
- Article 36
- Historical background
- Negotiating history: national controls
- Negotiating history: the duty to permit entry of articles
- Meaning of ‘customs duties, taxes and related charges’
- ‘articles for the official use of the mission’
- Inspection of mission and personal baggage
- ANNEX C to Memorandum on United Kingdom practice, April 1996 Customs facilities
- Members of the Family of a Diplomatic Agent
- Junior Staff of the Mission and Private Servants
- Nationals and Permanent Residents of the Receiving State
- Commencement of Privileges and Immunities
- Termination of Privileges and Immunities
- Property of a Deceased Member of a Mission
- Duties of Third States
- Duties of the Mission towards the Receiving State
- Professional or Commercial Activity by Diplomat
- End of Diplomatic Functions
- Facilities for Departure
- Breach of Relations and Protection of Interests
- Non-Discrimination and Reciprocity
- Final Clauses
- Acquisition of Nationality
- Settlement of Disputes
- Further Material
- Appendix 1
- Vienna Convention on Diplomatic Relations
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
- Article 22
- Article 23
- Article 24
- Article 25
- Article 26
- Article 27
- Article 28
- Article 29
- Article 30
- Article 31
- Article 32
- Article 33
- Article 34
- Article 35
- Article 36
- Article 37
- Article 38
- Article 39
- Article 40
- Article 41
- Article 42
- Article 43
- Article 44
- Article 45
- Article 46
- Article 47
- Article 48
- Article 49
- Article 50
- Article 51
- Article 52
- Article 53
- Appendix 2
- Bibliography
- Index
- Appendix 1