3. The head of mission and the members of the diplomatic staff of the mission are not obliged to give evidence as witnesses. 4. The immunity of the head of mission or of a member of the diplomatic staff of the mission from the jurisdiction of the host state does not exempt him from the jurisdiction of the sending state. Article 31 1. The immunity from jurisdiction of the head of mission and members of the diplomatic staff of the mission and of persons enjoying immunity under Article 36 may be waived by the sending state. 2. Waiver must always be express. 3. The initiation of proceedings by any of the persons referred to in paragraph 1 of this article shall preclude him from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim. 4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary. 5. If the sending state does not waive the immunity of any of the persons mentioned in paragraph 1 of this article in respect of a civil action, it shall use its best endeavors to bring about a just settlement of the case. Article 32 Exemption from social security legislation 1. Subject to the provisions of paragraph 3 of this article, the head of mission and the members of the diplomatic staff of the mission shall with respect to services rendered for the sending state be exempt from social security provisions which may be in force in the host state. 2. The exemption provided for in paragraph 1 of this article shall also apply to persons who are in the sole private employ of the head of mission or of a member of the diplomatic staff of the mission, on condition: (a) that such employed persons are not nationals of or permanently resident in the host state; and (b) that they are covered by the social security provisions which may be in force in the sending state or a third state. 3. The head of mission and the members of the diplomatic staff of the mission who employ persons to whom the exemption provided for in paragraph 2 of this article does not apply shall observe the obligations which the social security provisions of the host state impose upon employers. 4. The exemption provided for in paragraphs 1 and 2 of this article shall not preclude voluntary participation in the social security system of the host state provided that such participation is permitted by that state. 5. The provisions of this article shall not affect bilateral or multilateral agreements concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future. Article 33 Exemption from dues and taxes The head of mission and the members of the diplomatic staff of the mission shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; (b) dues and taxes on private immovable property situated in the terri tory of the host state, unless the person concerned holds it on behalf of the sending state for the purposes of the mission; (c) estate, succession or inheritance duties levied by the host state, subject to the provisions of paragraph 4 of Article 38; (d) dues and taxes on private income having its source in the host state and capital taxes on investments made in commercial undertakings in the host state; (e) charges levied for specific services rendered; (f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 24. Article 34 Exemption from personal services The host state shall exempt the head of mission and the members of the diplomatic staff of the mission from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting. Article 35 Exemption from customs duties and inspection 1. The host state shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes and related charges other than charges for storage, cartage and similar services, on: (a) articles for the official use of the mission; (b) articles for the personal use of the head of mission or a member of the diplomatic staff of the mission, including articles intended for his establishment. 2. The personal baggage of the head of mission or a member of the diplomatic staff of the mission shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the host state. In such cases, inspection shall be conducted only in the presence of the person enjoying the exemption or of his authorized representative. Article 36 Privileges and immunities of other persons 1. The members of the family of the head of mission forming part of his household and the members of the family of a member of the diplomatic staff of the mission forming part of his household shall, if they are not nationals of or permanently resident in the host state, enjoy the privileges and immunities specified in Articles 28, 29, 30, 32, 33, 34 and in paragraphs 1(b) and 2 of Article 35. 2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households who are not nationals of or permanently resident in the host state, shall enjoy the privileges and immunities specified in Articles 28, 29, 30, 32, 33 and 34, except that the immunity from civil and administrative jurisdiction of the host state specified in paragraph 1 of Article 30 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in paragraph 1(b) of Article 35 in respect of articles imported at the time of first installation. 3. Members of the service staff of the mission who are not nationals of or permanently resident in the host state shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption specified in Article 32. 4. Private staff of members of the mission shall, if they are not nationals of or permanently resident in the host state, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the host state. However, the host state must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission. Article 37 Nationals and permanent residents of the host state 1. Except insofar as additional privileges and immunities may be granted by the host state, the head of mission or any member of the diplomatic staff of the mission who is a national of or permanently resident in that state shall enjoy only immunity from jurisdiction and inviolability in respect of official acts performed in the exercise of his functions. 2. Other members of the staff of the mission who are nationals of or permanently resident in the host state shall enjoy only immunity from jurisdiction in respect of official acts performed in the exercise of their functions. In all other respects, those members, and persons on the private staff who are nationals of or permanently resident in the host state, shall enjoy privileges and immunities only to the extent admitted by the host state. However, the host state must exercise its jurisdiction over those members and persons in such a manner as not to interfere unduly with the performance of the functions of the mission. Article 38 Duration of privileges and immunities 1. Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the host state on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notifed to the host state by the Organization or by the sending state. 2. When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the territory, or on the expiry of a reasonable period in which to do so. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist. 3. In the event of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the territory. 4. In the event of the death of a member of the mission not a national of or permanently resident in the host state or of a member of his family forming part of his household, the host state shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the territory the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property which is in the host state solely because of the presence there of the deceased as a member of the mission or of the family of a member of the mission. Article 39 Professional or commercial activity 1. The head of mission and members of the diplomatic staff of the mission shall not practice for personal profit any professional or commercial activity in the host state. 2. Except insofar as such privileges and immunities may be granted by the host state, members of the administrative and technical staff and persons forming part of the household of a member of the mission shall not, when they practice a professional or commercial activity for personal profit, enjoy any privilege or immunity in respect of acts performed in the course of or in connection with the practice of such activity. Article 40 The functions of the head of mission or of a member of the diplomatic staff of the mission shall come to an end, inter alia: (a) on notification of their termination by the sending state to the Organization; (b) if the mission is finally or temporarily recalled. Article 41 Protection of premises, property and archives 1. When the mission is temporarily or finally recalled, the host state must respect and protect the premises, property and archives of the mission. The sending state must take all appropriate measures to terminate this special duty of the host state as soon as possible. It may entrust custody of the premises, property and archives of the mission to the Organization if it so agrees, or to a third state acceptable to the host state. 2. The host state, if requested by the sending state, shall grant the latter facilities for removing the property and archives of the mission from the territory of the host state. PART III Delegations to Organs and to Conferences Article 42 Sending of delegations 1. A state may send a delegation to an organ or to a conference in accordance with the rules of the Organization. 2. Two or more states may send the same delegation to an organ or to a conference in accordance with the rules of the Organization. Article 48 Appointment of the members of the delegation Subject to the provisions of Articles 46 and 73, the sending state may freely appoint the members of the delegation. Article 44 Credentials of delegates The credentials of the head of delegation and of other delegates shall be issued by the head of state, by the head of government, by the Minister for Foreign Affairs or, if the rules of the Organization or the rules of procedure of the conference so permit, by another competent authority of the sending state. They shall be transmitted, as the case may be, to the Organization or to the conference. Article 45 Composition of the delegation In addition to the head of delegation, the delegation may include other delegates, diplomatic staff, administrative and technical staff and service staff. Article 46 The size of the delegation shall not exceed what is reasonable and normal, having regard, as the case may be, to the functions of the organ or the object of the conference, as well as the needs of the particular delegation and the circumstances and conditions in the host state. Article 47 1. The sending state shall notify the Organization or, as the case may be, the conference of: (a) the composition of the delegation, including the position, title and order of precedence of the members of the delegation, and any subsequent changes therein; (b) the arrival and final departure of members of the delegation and the termination of their functions with the delegation; (c) the arrival and final departure of any person accompanying a member of the delegation; (d) the beginning and the termination of the employment of persons resident in the host state as members of the staff of the delegation or as persons employed on the private staff; (e) the location of the premises of the delegation and of the private accommodation enjoying inviolability under Article 59, as well as any other information that may be necessary to identify such premises and accommodation. 2. Where possible, prior notification of arrival and final departure shall also be given. 3. The Organizatian or, as the case may be, the conference shall transmit to the host state the notifications referred to in paragraphs 1 and 2 of this article. 4. The sending state may also transmit to the host state the notifications referred to in paragraphs 1 and 2 of this article. Article 48 Acting head of delegation 1. If the head of delegation is absent or unable to perform his functions, an acting head of delegation shall be designated from among the other delegates by the head of delegation or, in case he is unable to do so, by a competent authority of the sending state. The name of the acting head of delegation shall be notified, as the case may be, to the Organization or to the conference. 2. If a delegation does not have another delegate available to serve as acting head of delegation, another person may be designated for that purpose. In such case credentials must be issued and transmitted in accordance with Article 44. Article 49 Precedence among delegations shall be determined by the alphabetical order of the names of the states used in the Organization. Article 50 Status of the head of state and persons of high rank 1. The head of state or any member of a collegial body performing the functions of head of state under the constitution of the state concerned, when he leads the delegation, shall enjoy in the host state or in a third state, in addition to what is granted by the present Convention, the facilities, privileges and immunities accorded by international law to heads of state. 2. The head of government, the Minister for Foreign Affairs or other person of high rank, when he leads or is a member of the delegation, shall enjoy in the host state or in a third state, in addition to what is granted by the present Convention, the facilities, privileges and immunities accorded by international law to such persons. |