Vienna Convention on Diplomatic Relations

ARTICLE 8

ARTICLE 8 (NATIONALITY OF MEMBERS OF THE MISSION)

This Article conforms with long-established practice of the United States.

1. Members of the diplomatic staff of the mission should in
principle be of the nationality of the sending State.

2. Members of the diplomatic staff of the mission may not be
appointed from among persons having the nationality of the receiv-
ing State, except with the consent of that State which may be
withdrawn at any time.

3. The receiving State may reserve the same right with regard
to nationals of a third State who are not also nationals of the
sending State.

ARTICLE 9

(PERSONS DECLARED PERSONA NON GRATA OR

NOT ACCEPTABLE)

This Article conforms with the practice of the United States.

1. The receiving State may at any time and without having to
explain its decision, notify the sending State that the head of the
mission or any member of the diplomatic staff of the mission is
persona non grata or that any other member of the staff of the
mission is not acceptable. In any such case, the sending State
shall, as appropriate, either recall the person concerned or termi-
nate his functions with the mission. A person may be declared
non grata or not acceptable before arriving in the territory of the
receiving State.

2. If the sending State refuses or fails within a reasonable period
to carry out its obligations under paragraph 1 of this Article, the
receiving State may refuse to recognize the person concerned as a
member of the mission.

ARTICLE 10 (NOTIFICATION OF ARRIVAL AND DEPARTURE)

This Article conforms with existing United States practice.

(b) the arrival and final departure of a person belonging
to the family of a member of the mission and, where appropri-
ate, the fact that a person becomes or ceases to be a member
of the family of a member of the mission;

(c) the arrival and final departure of private servants in
the employ of persons referred to in sub-paragraph (a) of
this paragraph and, where appropriate, the fact that they
are leaving the employ of such persons;

(d) the engagement and discharge of persons resident in the
receiving State as members of the mission or private servants

entitled to privileges and immunities. 2. Where possible, prior notification of arrival and final departure shall also be given.

ARTICLE 11

(SIZE OF MISSION STATE)

As a sending state, the United States considers that it is best qualified to determine the size of the mission it needs in a particular country. As a receiving state, the United States must be in a position to exercise some control over the size of foreign diplomatic missions.

This Article will require no change in existing United States practice.

ARTICLE 10

1. The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall be notified of :

(a) the appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission;

ARTICLE 11

1. In the absence of specific agreement as to the size of the
mission, the receiving State may require that the size of a
mission be kept within limits considered by it to be reasonable
and normal, having regard to circumstances and conditions in the
receiving State and to the needs of the particular mission.

2. The receiving State may equally, within similar bounds and
on a non-discriminatory basis, refuse to accept officials of a par-
ticular category.

ARTICLE 12

ARTICLE 12 (ОFFICES AWAY FROM

HE SEAT OF THE MISSION)

This Article conforms with existing United States practice.

The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established.

ARTICLE 13 (COMMENCEMENT OF THE FUNCTIONS OF THE HEAD OF THE

MISSION)

1. The head of the mission is considered as having taken up his
functions in the receiving State either when he has presented his
credentials or when he has notified his arrival and a true copy of
his credentials has been presented to the Ministry for Foreign
Affairs of the receiving State, or such other ministry as may be
agreed, in accordance with the practice prevailing in the receiving
State which shall be applied in a uniform manner.

2. The order of presentation of credentials or of a true copy
thereof will be determined by the date and time of the arrival of the
head of the mission.

This Article is essentially a restatement of rules adopted by
eight European Powers at Vienna in 1815. They provided that
diplomatic officials shall rank in each class according to the date
on which their arrival was officially notified, and that a uniform
method shall be established in each state for the reception of repre-
sentatives of each class. These rules have been observed by all
states, including the United States, since 1815. The words “or
such other ministry as may be agreed" recognizes the existing
practice, for example, of Commonwealth countries, whereby High
Commissioners present a copy of their credentials not to the For-
eign Ministry but to the Home Ministry or some other Ministry.

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

ARTICLE 14 (CLASSES OF HEADS OF MISSION)
This is essentially a restatement of the classification adopted
at Vienna in 1815 and which has been generally observed by all
States since that time. The inclusion in the first class, of "heads
of mission of equivalent rank" is new. It recognizes the Common-
wealth practice of being represented by High Commissioners who,
having been appointed by the Queen, are not accredited to her,
but who have the rank and status of ambassadors.

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

(a) that of ambassadors or nuncios accredited to Heads of
State, and other heads of mission of equivalent rank;

(b) that of envoys, ministers and internuncios accredited to
Heads of State;

(c) that of chargé d'affaires accredited to Ministers for for-
eign Affairs.

ARTICLE 13

ARTICLE 14

1. Heads of missions are divided into three classes, namely:

This conforms with the practice of the United States.

Paragraphs 1 and 3 conform with the Vienna Regulation of 1815.

Paragraph 2 reflects the general practice of ratio with respect
to alterations in credentials which do not affect the class of the
head of mission concerned. It means that precedence within each
class is not affected by the presentation of new credentials required
by either the sending or receiving state, owing to a change of gov-
ernment, the death of a monarch or other reasons.

This Article will require no change in United States practice.

ARTICLE 15

ARTICLE 15 (LEVEL OF HEADS OF MISSION)

The class to which the heads of their missions are to be assigned shall be agreed between States.

ARTICLE 16

ARTICLE 16 (PRECEDENCE)

1. Heads of mission shall take precedence in their respective
classes in the order of the date and time of taking up their func-
tions in accordance with Article 13.

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2. Alterations in the credentials of a head of mission not involv-
ing any change of class shall not affect his precedence.

3. This article is without prejudice to any practice accepted by
the receiving State regarding the precedence of the representative
of the Holy See.

ARTICLE 17

(PRECEDENCE OF DIPLOMATIC STAFF)

The precedence of the members of the diplomatic staff of the mission shall be notified by the head of the mission to the Ministry for Foreign Affairs or such other ministry as may be agreed.

This Article conforms with the present practice of the United States.

Precedence among themselves of members of United States dip-
lomatic missions abroad is established by E.O. 9998, issued Sep-
tember 14, 1940.

ARTICLE 18 (MODE OF RECEPTION)
This Article restates the rule adopted at Vienna in 1815.
Article 11 of the Constitution of the United States provides :

“Section 3. * * * he [the President] shall receive ambassadors
and other public ministers."

This Article conforms with present United States law and practice.

ARTICLE 18

The procedure to be observed in each State for the reception of heads of mission shall be uniform in respect of each class.

ARTICLE 19 (VACANCY IN POST OF HEAD OF MISSION) Paragraph 1 confirms the right of the receiving state to be assured that the person who presents himself as chargé de'affaires ad interim is in fact authorized to speak on behalf of his government, and is not self-appointed. Paragraph 2 recognizes the right of the receiving state to decline to discuss affairs of state with a custodian of the mission premises or a member of the administrative and technical staff who has been left in charge of the mission.

There are no Federal statutes with respect to use of a flag and emblem by a diplomatic mission of a sending State. It is believed that this Article will not change present United States practice.

ARTICLE 19

1. If the post of head of the mission is vacant, or if the head
of the mission is unable to perform his functions, a chargé
d'affaires ad interim shall act provisionally as head of the mission.
The name of the chargé d'affaires ad interim shall be notified, either
by the head of the mission or, in case he is unable to do so, by
the Ministry for Foreign Affairs of the sending State to the Min-
istry for Foreign Affairs of the receiving State or such other
ministry as may be agreed.

2. In cases where no member of the diplomatic staff of the
mission is present in the receiving State, a member of the ad-
ministrative and technical staff may, with the consent of the
receiving State, be designated by the sending State to be in charge
of the current administrative affairs of the mission.

This Article requires no change in United States practice.

ARTICLE 20

ARTICLE 20 (USE OF FLAG AND EMBLEM)

The mission and its head shall have the right to use the flag and
emblem of the sending State on the premises of the mission, includ-
ing the residence of the head of the mission, and on his means of
transport.

ARTICLE 21

(ACCOMMODATION)

1. The receiving State shall either facilitate the acquisition on
its territory, in accordance with its laws, by the sending State of
premises necessary for its mission or assist the latter in obtaining
accommodation in some other way.

2. It shall also, where necessary, assist missions in obtaining
suitable accommodation for their members.

The Act of October 13, 1964, 73 Stat. 1091, was enacted to govern
the construction, alteration, repair, and occupancy of buildings
for chancery purposes in the District of Columbia. Article 21 in
no way detracts from the present authority of Congress to pre-
scribe rules and regulations concerning zoning matters in the
District of Columbia.

This Article restates the practice which the Department of State
has followed in recent years in providing assistance to many new
States which have just opened diplomatic missions in the United
States.

Article 21 will not require a change in present law or practice.

Libros

Vienna Convention on Diplomatic Relations: Hearing, 89-1, July 6, 1965