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(4) Greece

Reservation at time of signature:

With the reservation that the last sentence of paragraph 2 of article 37 of the convention shall not apply. (5) Iraq

On deposit of instrument of ratification Iraq confirmed the following reservation made at the time of signature:

With the reservation that paragraph 2 of article 37 shall be applied on the basis of reciprocity. (6) Japan

Understanding set forth at time of signature:

It is understood that the taxes referred to in article 34 (a) include those collected by special collectors under the laws and regulations of Japan provided that they are normally incorporated in the price of goods or services. For example, in the case of the traveling tax, railway, shipping and airline companies are made special collectors of the tax by the traveling tax law. Passengers of railroad trains, vessels and airplanes who are legally liable to pay the tax for their travels within Japan are required to purchase travel tickets normally at a price incorporating the tax without being specifically informed of its amount. Accordingly, taxes collected by special collectors such as the traveling tax have to be considered as the indirect taxes normally incorporated in the price of goods or services referred to in article 34(a). (7) Venezuela

[Translation] Reservations at the time of signature :

On behalf of the Government which I represent, I wish to formulate the following reservations to the Vienna Convention on Diplomatic Relations:

(1) Venezuela, under article 2 of the legislative decree of 23 May 1876, does not permit the performing of both diplomatic and consular functions by the same person. It cannot, therefore, accept article 3, paragraph 2, of the convention.

(2) Under present Venezuelan law, privileges and immunites cannot be extended to adminisrative and technical staff or to service staff; for that reason Venezuela does not accept the provisions of article 37, paragraphs 2, 3, and 4 of the same convention.

(3) Under the Constitution of Venezuela, all Venezuelan nationals are equal before the law and none may enjoy special privileges; for that reason I make a formal reservation to article 38 of the convention.

(Only the last of the three reservations was approved by the Venezuelan Congress when it completed ratification of the convention.) (8) United Arab Republic

Reservations at time of deposit of instrument of accession: 1. Paragraph 2 of article 37 shall not apply.

2. It is understood that the accession to this convention does not mean in any way a recognition of Israel by the Government of the United Arab Republic. Furthermore, no treaty relations will arise between the United Arab Republic and Israel.

JUNE 22, 1965.

VIENNA CONVENTION ON DIPLOMATIC RELATIONS, DONE AT VIENNA

APRIL 18, 1961

ARTICLE BY ARTICLE COMMENTARY, INCLUDING A REFERENCE TO RELE

VANT STATUTES, AND A CONCLUSION WHETHER ENACTMENT OF THE
VIENNA CONVENTION ON DIPLOMATIC RELATIONS WOULD CHANGE
PRESENT LAW OR PRACTICE IN ANY PERTINENT RESPECT

(Preamble)

(Senate Executive H, 88th Congress, 1st Session)
The States Parties to the present Convention,

Recalling that peoples of all nations from ancient times have
recognized the status of diplomatic agents,

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,

Believing that an international convention on diplomatic inter-
course, privileges and immunities would contribute to the develop-
ment of friendly relations among nations, irrespective of their dif-
fering constitutional and social systems,

Realizing that the purpose of such privileges and immunities is
not to benefit individuals but to ensure the efficient performance of
the functions of diplomatic missions as representing States,

Affirming that the rules of customary international law should
continue to govern questions not expressly regulated by the provi-
sions of the present Convention,

Have agreed as follows:

The preamble states principles which have long been accepted by
governments in the conduct of diplomatic relations. The statement
of legal significance is that rules of customary international law
shall continue to govern questions not expressly regulated by the
Convention.

This will require no change in United States law or practice.

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ARTICLE 1 (DEFINITIONS)

ARTICLE 1 For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them :

(a) the "head of the mission” is the person charged by the
sending State with the duty of acting in that capacity;

(b) the "members of the mission" are the head of the mis-
sion and the members of the staff of the mission;

(c) the "members of the staff of the mission" are the mem-
bers of the diplomatic staff, of the administrative and technical
staff and of the service staff of the mission;

(a) the "members of the diplomatic staff” are the members
of the staff of the mission having diplomatic rank;

These definitions do not deviate in substance from the practice
of the United States. Paragraph (c), which divides members of
diplomatic missions into three classes: (1) the diplomatic staff,
(2) the administrative and technical staff, and (3) the service staff;
and paragraph (h), which defines private servants, are perhaps
the most important. This is because other articles of the Con-
vention specify the privileges and immunities which shall be ac-
corded to persons in each of these four categories, and to their
families.

While the precise terminology of paragraphs (c) and (h) is new,
the United States and other governments have recognized in their

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(e) a “diplomatic agent” is the head of the mission or a member of the diplomatic staff of the mission;

(f) the "members of the administrative and technical staff” are the members of the staff of the mission employed in the administrative and technical service of the mission;

(9) the "members of the service staff" are the members of
the staff of the mission in the domestic service of the mission;

(h) a "private servant” is a person who is in the domestic
service of a member of the mission and who is not an employee
of the sending State;

(i) the "premises of the mission" are the buildings or parts
of buildings and the land ancillary thereto, irrespective of
ownership, used for the purposes of the mission including the
residence of the head of the mission.

practice that mission members logically divide into three categories along the lines of paragraph (c), and that private servants constitute a fourth category. Section 4063 of the Revised Statutes (22 U.S.C. 252), derived from the Act of April 30, 1790, which is the present statutory basis for diplomatic immunity, refers to "ambassadors”, “public ministers”, and “any domestic or domestic servant of any such minister.” The customs privileges and tax exemptions accorded foreign diplomatic personnel in the United States have varied depending on whether the individual concerned is a member of the diplomatic staff, the clerical staff, or the service staff, or is a private servant.

R.S. 4063 and related provisions in RS 40644066 (22 U.S.C. 252– 254) should be repealed because they are not consistent with the definitions in paragraphs (c) and (h) of this Article, and because these statutes accord greater immunity from jurisdiction than is provided in subsequent articles of the Convention. See the discussion on Articles 31 and 37, below.

This Article will require no other change in United States law.

ARTICLE 2

ARTICLE 2 (ESTABLISHMENT OF DIPLOMATIC RELATIONS)

This Article conforms with United States practice.

The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.

ARTICLE 3

ARTICLE 3 (FUNCTIONS)

This Article conforms with United States practice.

(a) representing the sending State in the receiving State;

(b) protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law;

(c) negotiating with the Government of the receiving State;

(d) ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State;

1. The functions of a diplomatic mission consist inter alia in:

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ARTICLE 3

(e) promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural

and scientific relations.
2. Nothing in the present Convention shall be construed as
preventing the performance of consular functions by a diplomatic
mission.

ARTICLE 4

ARTICLE 4 (AGRÉMENT)

This conforms with United States practice.

1. The sending State must make certain that the agreement of
the receiving State has been given for the person it proposes to
accredit as head of the mission to that State.

2. The receiving State is not obliged to give reasons to the send-
ing State for a refusal of agrément.

ARTICLE 5

ARTICLE 5

(DUAL ACCREDITATION)

This conforms with United States practice.

1. The sending State may, after it has given due notification to
the receiving States concerned, accredit a head of mission or as-
sign any member of the diplomatic staff, as the case may be, to
more than one State, unless there is express objection by any of
the receiving States.

2. If the sending State accredits a head of mission to one or
more other States it may establish a diplomatic mission headed by
a chargé d'affaires ad interim in each State where the head of mis-
sion has not his permanent seat.

3. A head of mission or any member of the diplomatic staff of
the mission may act as representative of the sending State to any
international organization.

ARTICLE 6

Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State.

ARTICLE 6 (DUAL REPRESENTATION) This Article formally recognizes the right of two or more states to be represented by the same person, provided the receiving state does not object. While the concept of dual representation is novel, it appeared advisable to recognize in the Convention that in years to come two states, or a group of states, having a community of interest, or a desire to economize, might wish to be represented by the same chief of mission. If the receiving state objects, it may refuse to grant an agrément, in accordance with Article 4.

This will require no change in existing United States law and practice.

ARTICLE 7 (APPOINTMENT OF MEMBERS OF THE MISSION)

ARTICLE 7

Subject to the provisions of Articles 5, 8, 9, and 11, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attachés, the receiving State may require their names to be submitted beforehand, for its approval.

The first sentence of this Article accords with existing United States practice except in one respect. At present, the United States reserves the right to object to the appointment of any person to the staff of the mission, if it so desires. Under the Convention, the same result may be achieved by declining to issue a visa for a particular individual to enter the United States. Also, under the Convention, the prior consent of the United States will continue to be required for the appointment to the diplomatic staff of a person having the nationality of the receiving state or of a third state, as provided in Article 8. Under the Convention, however, the prior consent of the United States is not required for the appointment of other persons present in the United States. This provision is expected to create no serious problems, however, because Article 9 of the Convention provides that the receiving state may at any time declare the individual persona non grata or unacceptable, thus terminating his appointment and his entitlement to privileges and immunities under the Convention.

The second sentence reflects the practice of certain governments which require formal agréments for the appointment of military, naval, and air attaches and the reciprocal right of the receiving state, if it so desires, to require agréments from the other state concerned.

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