ARTICLE 22

1. The premises of the mission shall be inviolable. The agents
of the receiving State may not enter them, except with the consent
of the head of the mission.

2. The receiving State is under a special duty to take all ap-
propriate steps to protect the premises of the mission against any
intrusion or damage and to prevent any disturbance of the peace
of the mission or impairment of its dignity.

3. The premises of the mission, their furnishings and other prop-
erty thereon and the means of transport of the mission shall be
immune from search, requisition, attachment or execution.

ARTICLE 22 (INVIOLABILITY OF THE MISSION PREMISES)

The inviolability of the premises of a diplomatic mission is fully
recognized in United States practice, although it is not the sub-
ject of a statute.

The duty of protecting the premises of a diplomatic mission
against intrusion, damage, and disturbance of the peace is reflected
in Section 22-1115 of the District of Columbia Code which makes
it a criminal offense under certain conditions to picket or congregate
within 500 feet of a diplomatic mission.

The exemption of the mission premises, furnishings, and means
of transportation from search, requisition, attachment or execution
is not the subject of any present statute. The accepted legal
rule, however, is that property owned by a foreign government
and used for diplomatic purposes is not subject to attachment or
execution. That this is the accepted rule is noted by reference to
the International Organizations Immunities Act, 22 USC 288a (c),
which provides that property and assets of international organiza-
tions, wherever located and by whomsoever held, shall be immune
from search. It was the intention of this Act to grant by statute
for international organizations the various immunities granted
under customary international law to diplomatic missions.

With respect to execution, the Department does not interpret
Article 22 as precluding the exercise of the right of eminent
domain for public purposes, if prompt and adequate compensa-
tion is given and if the sending State is assisted in obtaining re-
placement accommodations.

Article 22 does not, therefore, alter present law or practice of
the United States Government.

ARTICLE 23

1. The sending State and the head of the mission shall be exempt
from all national, regional, or municipal dues and taxes in re-
spect of the premises of the mission, whether owned or leased,
other than such as represent payment for specific services
rendered.

2. The exemption from taxation referred to in this Article shall
not apply to such dues and taxes payable under the law of the
receiving State by persons contracting with the sending State or the
head of the mission.

ARTICLE 23 (EXEMPTION OF MISSION PREMISES FROM TAX)

Present statutory provisions relating to tax exemptions for the
premises of the diplomatic mission, which by reference to Article
1(i) of the Convention also includes the residence of the head of the
mission, are parallel to the exemption from taxation offered by this
Article. Section 47-801a (c) of the District of Columbia Code pro-
vides that property belonging to foreign governments and used
for legation purposes shall be exempt from taxation in the District
of Columbia; Section 47-803 of the District of Columbia Code
provides that property owned by foreign governments and used
for legation purposes shall be exempt from assessments for im-
provements; and Section 45-722 (3) of the District of Columbia
Code provides that deeds to property exempted, inter alia, by Sec-
tion 47-801a (c) of the Code, are exempt from the recordation tax.
In the District of Columbia, Sections 47-801a (c) and 803 are in-
terpreted as exempting from real property taxation the chancery
and the residence of the chief of mission.

Article 23 will not, therefore, change the present practice pre-
vailing in the District of Columbia with respect to real property tax
exemptions for the diplomatic mission and the residence of the
head of the mission except in the rare case where the head of the
mission personally owns the premises. If with the permission of
the Department of State a foreign government should open a
chancery or residence for its chief of mission in either Virginia or
Maryland, however, these states would be obliged to provide a real
property tax exemption for such premises.

ARTICLE 25

ARTICLE 25 (FACILITIES)

ARTICLE 27

1. The receiving State shall permit and protect free communica-
tion on the part of the mission for all official purposes. In com-
municating with the Government and the other missions and con-
sulates of the sending State, wherever situated, the mission may
employ all appropriate means, including diplomatic couriers and
messages in code or cipher. However, the mission may install and
use a wireless transmitter only with the consent of the receiving
State.

2. The official correspondence of the mission shall be inviolable.
Official correspondence means all correspondence relating to the
mission and its functions.

3. The diplomatic bag shall not be opened or detained.

4. The packages constituting the diplomatic bag must bear visible
external marks of their character and may contain only diplomatic
documents or articles intended for official use.

5. The diplomatic courier, who shall be provided with an official
document indicating his status and the number of packages consti-
tuting the diplomatic bag, shall be protected by the receiving State
in the performance of his functions. He shall enjoy personal in-
violability and shall not be liable to any form of arrest or detention.
6. The sending State or the mission may designate diplomatic
couriers ad hoc. In such cases provisions of paragraph 5 of this
Article shall also apply, except that the immunities therein men-
tioned shall cease to apply when such a courier has delivered to
the consignee the diplomatic bag in his charge.

7. A diplomatic bag may be entrusted to the captain of a com-
mercial aircraft scheduled to land at an authorized port of entry.
He shall be provided with an official document indicating the num-
ber of packages constituting the bag but he shall not be considered
to be a diplomatic courier. The mission may send one of its mem-
bers to take possession of the diplomatic bag directly and freely
from the captain of the aircraft.

ARTICLE 27 (FREEDOM OF COMMUNICATION)

In practice, foreign governments desiring to operate radio trans-
mitters must obtain the approval of the United States Govern-
ment for their installation and operation. Section 305 (d) of the
Communications Act of 1934, as amended, 47 U.S.C. 305(d), was
amended several years ago to specifically authorize the President
to authorize a foreign government, under such terms and conditions
as he may prescribe, to construct and operate in Washington, D.C.,
a low-power radio station for transmission of its messages to points
outside the United States, if the President has deemed this to be
consistent with the national interest of the United States, and
where such foreign government has provided substantially recipro-
cal privileges to the United States abroad.

The regulations of the Bureau of Customs, 19 C.F.R. 10.30 (d),
provide that packages bearing the official seal of a foreign govern-
ment, accompanied by certificates under seal to the effect that they
contain only official communications or documents, may be ad-
mitted free of duty without customs examination. Implementing
circular letters of the Bureau of Customs prescribe, at present,
instructions relating to the substance of paragraph (3) through
(7) of this Article. These regulations do not vary in any sig-
nificant respect from the regime established by these paragraphs of
Article 27.

Article 27 would not, therefore, require a change in present law.

ARTICLE 29

ARTICLE 29 (PERSONAL INVIOLABILITY)