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Oxford Law Citator
Contents
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Preliminary Material
Acknowledgements
Contents
Table of Cases
Abbreviations
Main Text
Introduction
Progressive development of the law
How the Convention regime has changed
The object of the book
Preamble
Definitions
Article 1
Personnel
Subsequent practice
Premises of the mission
Members of the family forming part of the household
Establishment of Diplomatic Relations
Article 2
Negotiating history
Subsequent practice
The Holy See
The successive stages of the diplomatic embrace
Virtual missions
Functions of a Diplomatic Mission
Article 3
Negotiating history
Performance of consular functions
Vienna Convention on Consular Relations
Other limits to the functions of a diplomatic mission
1 Where a distinction is to be drawn between functions of a mission and personal activities of its members
2 Where a distinction is to be drawn between diplomatic functions and commercial activities
3 Where the function in question is a novel one
‘protecting in the receiving State the interests of the sending State and of its nationals’
Special rights of citizens of the European Union
Appointment of Head of the Mission
Article 4
Historical background
Negotiating history
Scope of agrément
Procedure for agrément
Reasons for refusal of agrément
Multiple Accreditation
Article 5
Article 6
Negotiating history
Subsequent practice
Appointment of the Staff of the Mission
Article 7
Negotiating history
Problems of construction of Article 7
Exemption from immigration control
Immunity from employment claims
Freedom to classify mission staff
Short-term appointments
Appointment of employees of independent contractors
Nationality of Diplomatic Staff
Article 8
Historical background
Negotiating history
Modern practice
Persona Non Grata
Article 9
Historical background
Negotiating history
Subsequent practice
Espionage
Involvement in terrorist or subversive activities
Other breaches of criminal law
Parking offences
Procedure
Notification of Staff Appointments and Movements
Article 10
Negotiating history
Subsequent practice
Size of the Mission
Article 11
Negotiating history
‘and on a non-discriminatory basis’
Subsequent practice
Offices away from the Seat of the Mission
Article 12
Background
Negotiating history
Subsequent practice
Commencement of Functions and Precedence of Heads of Mission
Article 13
Article 16
Background
Negotiating history
‘in a uniform manner’
Classes of Heads of Mission
Article 14
Article 15
Reduction in the classes of head of mission
Subsequent practice
Precedence among Heads of Mission
Article 16
Article 17
Article 18
Precedence of the representative of the Holy See
Functions of the doyen of the diplomatic corps
Precedence among members of the diplomatic staff
Presentation of credentials
Chargé d’affaires ad Interim
Article 19
Negotiating history
Need for appointment of a chargé d’affaires
Notification of the appointment of a chargé d’affaires
Who may be appointed chargé d’affaires?
Flag and Emblem of the Sending State
Article 20
Assistance in obtaining Accommodation
Article 21
Negotiating history
Subsequent practice
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
Article 23
Historical background
Negotiating history
Subsequent practice
Taxes which ‘represent payment for specific services rendered’
Inviolability of the Archives
Article 24
Negotiating history
Subsequent practice
What are the ‘archives and documents of the mission’?
The Bancoult Case
Comment on the Bancoult Case
Facilities for the Mission
Article 25
Subsequent practice
Freedom of Movement
Article 26
Freedom of Communication
Article 27
Negotiating history
Subsequent practice
Telephone services
Listening devices
Inviolability of Official Correspondence
Article 27
The Diplomatic Bag
Article 27…
Negotiating history
Reservations and objections
Practice: what is a diplomatic bag?
Practice: permitted contents of the diplomatic bag
Practice: the scanning of diplomatic bags
Practice: manifest abuse or threat to human life
Work of the International Law Commission on the diplomatic bag
Diplomatic Couriers
Article 27
Negotiating history
Work of the International Law Commission on diplomatic couriers
Exemption of Official Fees from Taxation
Article 28
Personal Inviolability
Article 29
Historical background
Negotiating history
Subsequent practice: protection against attack
UN Convention on Crimes against Diplomatic Agents
Attack on the dignity of a diplomat
Subsequent practice: liability to arrest or detention
Exceptional protective measures
Service of process
Inviolability of Residence and Property
Article 30
Private residences
Papers and correspondence
Property
Exchange control
Removal of motor vehicles
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
Article 31
Immunity from Execution
Article 31
Jurisdiction of the Sending State and other Remedies
Article 31
Action through the Ministry of Foreign Affairs
Action against the sending State
Waiver of Immunity
Article 32
Authority to waive immunity
Waiver must always be express
Waiver is irrevocable
Prior undertaking to waive immunity
Initiation of proceedings by diplomat and counterclaims
Waiver and execution
Current practice
Waiver of other immunities
Exemption from Social Security Provisions
Article 33
Negotiating history
Interpretation of Article 33
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
1
Official emoluments of members of the mission
2
Emoluments of private servants
3
Private income from sources outside the United Kingdom
4
5
6
Income liable to United Kingdom income tax
7
8
Capital gains
9
10
Income and Corporation Taxes Act 1988, Section 321
11
Exemption from Personal Services
Article 35
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
Diplomatic missions
1
Diplomatic agents (Articles 36(1)(b) and 37(1))
2
Administrative and technical staff (Article 37(2))
3
Official supplies (Article 36(1)(a))
4
General
5
6
7
Members of the Family of a Diplomatic Agent
Article 37
Negotiating history
Subsequent practice
Gainful occupation by members of the family
Junior Staff of the Mission and Private Servants
Article 37
Background
Negotiating history
Reservations
Limited immunity given to administrative and technical staff
Limited customs privileges of administrative and technical staff
Service staff
Private servants
Nationals and Permanent Residents of the Receiving State
Article 38
Background
Negotiating history
Subsequent practice
‘official acts performed in the exercise of his functions’
‘additional privileges and immunities’
Avoiding undue interference with the functions of the mission
‘permanently resident in the receiving State’
Commencement of Privileges and Immunities
Article 39
Background and negotiating history
Subsequent practice
Termination of Privileges and Immunities
Article 39
‘when he leaves the country’
The ‘reasonable period’
Members of families
Subsistence of immunity for official acts
The Pinochet cases
Property of a Deceased Member of a Mission
Article 39
Duties of Third States
Article 40
Recognition
‘while proceeding to take up or to return to his post…’
Duties of the Mission towards the Receiving State
Article 41
Duty to respect laws and regulations of the receiving State
Duty not to interfere in internal affairs
Comment on international affairs
Blogs by ambassadors
Duty to communicate through the Ministry of Foreign Affairs
Duty regarding use of mission premises
Professional or Commercial Activity by Diplomat
Article 42
Relationship between Article 42 and Articles 31.1(c) and 34(d)
End of Diplomatic Functions
Article 43
Facilities for Departure
Article 44
Breach of Relations and Protection of Interests
Article 45
Article 46
Breach of diplomatic relations
Temporary recall of a mission
Closure for political reasons
Duty to ‘respect and protect’ premises of a discontinued mission
Practical arrangements for protection of interests
Non-Discrimination and Reciprocity
Article 47
Restrictive application
More favourable treatment
US policy
Final Clauses
Article 48
Article 49
Article 50
Article 51
Article 52
Article 53
Acquisition of Nationality
Optional protocol concerning acquisition of nationality
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Settlement of Disputes
Optional protocol concerning the compulsory settlement of disputes
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Further Material
Appendix 1
Vienna Convention on Diplomatic Relations
Signed at Vienna, April 18, 1961
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
Parties to Vienna Convention on Diplomatic Relations
Parties to Optional Protocol to the Vienna Convention on Diplomatic Relations concerning Acquisition of Nationality
Parties to Optional Protocol to the Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement of Disputes
Bibliography
Index
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Exemption from Customs Duties and Inspection, Negotiating history: national controls
From:
Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (4th Edition)
Eileen Denza
Previous Edition (3 ed.)
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Commentaries on International Law
Published in print:
14 January 2016
ISBN:
9780198703969
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