Право внешних сношений. Привилегии и иммунитеты дипломатических агентов

Rights and privileges are not granted for the personal benefit of the individuals concerned, but to ensure the efficient performance of the functions of the diplomatic mission.

Privileges and immunities of diplomatic agents:

- The person of a diplomatic agent shall be inviolable (not liable to any form of arrest or detention)

- Must be treated him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

- enjoys immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

o a real action relating to private immovable property not on behalf of the sending State for the purposes of the mission;

o an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

o an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

- not obliged to give evidence as a witness.

- immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.

- are not exempt from administrative or civil proceedings whenever they voluntarily submit to jurisdiction, waiving their right to immunity from jurisdiction.

- The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.

- His papers, correspondence shall likewise enjoy inviolability

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

o indirect taxes of a kind which are normally incorporated in the price of goods or services;

o 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;

o estate, succession or inheritance duties levied by the receiving State

o 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;

o charges levied for specific services rendered

o registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property

By way of quid pro quo for the enjoyment of privileges and immunities, members of diplomatic missions owe certain duties towards the receiving State. These are:

- the duty to respect the laws and regulations of the receiving State;

- the duty not to interfere in the internal affairs of the receiving State;

- all official business of the communication by the mission with the receiving State should be through the Ministry of Foreign Affairs of the receiving State, or with such other ministries as may be agreed;

- the premises of the mission must not be used in any manner incompatible with the functions of the mission;

- a diplomatic agent must not carry out any professional or commercial activity for personal profit in the receiving State.