1961 Convention on Diplomatic Relations

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Sovereign Law Series 
 
Vienna “Convention on 
Diplomatic Relations” of 1961 
 
 
Short-Form Reference: 
 
1961 “Convention on Diplomatic Relations” 
 
In-Line Micro Reference: 
 
1961 “Diplomatic Relations” 
 
Ratification / Registration: 
 
UN Treaty Series Vol. 500, p.95, Vienna (18 Apr 1961) 
 
 
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Official Text of this Law Source as Ratified 
 
Convention on Diplomatic Relations 
 
Preamble 
 
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 intercourse, privileges and 
immunities would contribute to the development of friendly relations among nations, 
irrespective of their differing constitutional and social systems; 
 
[This declaration that “all nations from ancient times have recognized… the sovereign 
equality of States” of “differing constitutional and social systems”, reconfirms that 
sovereign historical institutions retain diplomatic status in customary international 
law.  This is related to non-discrimination against historical States in Article 47.1.] 
 
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 provisions of the present Convention; 
 
Have agreed as follows: 
 
 
 
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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 mission and the 
members of the staff of the mission; 
 
(c)  
The “members of the staff of the mission” are the members of the 
diplomatic staff, of the administrative and technical staff and of the service staff of the 
mission; 
 
(d)  
The “members of the diplomatic staff” are the members of the staff of 
the mission having diplomatic rank; 
 
(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; 
 
(g)  
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. 
 
[Note that diplomatic premises are defined as “buildings or… land… irrespective of 
ownership”.  This proves that there is no requirement to possess any territory to have 
diplomatic status, evidencing the concept of a “non-territorial State”.] 
 
 
 
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Article 2 
 
The establishment of diplomatic relations between States, and of permanent 
diplomatic missions, takes place by mutual consent. 
 
Article 3 
 
1. 
The functions of a diplomatic mission consist, inter alia, in: 
 
(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; 
 
(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 
 
1. 
The sending State must make certain that the agrément 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 sending State for a 
refusal of agrément. 
 
Article 5 
 
1. 
The sending State may, after it has given due notification to the receiving States 
concerned, accredit a head of mission or assign 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. 
 
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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 mission 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 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. 
 
Article 8 
 
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 receiving 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 
 
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 terminate his functions with the mission.  A 
person may be declared non grata or not acceptable before arriving in the territory of 
the receiving State. 
 
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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 
 
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; 
 
(b)  
The arrival and final departure of a person belonging to the family of a 
member of the mission and, where appropriate, 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 subparagraph (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 
 
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 particular category. 
 
Article 12 
 
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. 
 
 
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Article 13 
 
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. 
 
Article 14 
 
1. 
Heads of mission are divided into three classes, namely: 
 
(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 chargés d’affaires accredited to Ministers for Foreign Affairs. 
 
2. 
Except as concerns precedence and etiquette, there shall be no differentiation 
between heads of mission by reason of their class. 
 
Article 15 
 
The class to which the heads of their missions are to be assigned shall be agreed 
between States. 
 
Article 16 
 
1. 
Heads of mission shall take precedence in their respective classes in the order of 
the date and time of taking up their functions in accordance with Article 13. 
 
2. 
Alterations in the credentials of a head of mission not involving 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. 
 
 
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Article 17 
 
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. 
 
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 
 
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 Ministry 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 administrative 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. 
 
Article 20 
 
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, including the residence of the head of 
the mission, and on his means of transport. 
 
Article 21 
 
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. 
 
 
 
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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 appropriate 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 property thereon and 
the means of transport of the mission shall be immune from search, requisition, 
attachment or execution. 
 
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 respect of the premises of the mission, 
whether owned or leased, other than such as represent payment for specific services 
rendered. 
 
[This confirms that diplomatic premises can be either “owned or leased”, proving that 
there is no requirement to possess any territory to have diplomatic status, evidencing 
the concept of a “non-territorial State”.] 
 
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 24 
 
The archives and documents of the mission shall be inviolable at any time and 
wherever they may be. 
 
Article 25 
 
The receiving State shall accord full facilities for the performance of the functions of 
the mission. 
 
 
 
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Article 26 
 
Subject to its laws and regulations concerning zones entry into which is prohibited or 
regulated for reasons of national security, the receiving State shall ensure to all 
members of the mission freedom of movement and travel in its territory. 
 
Article 27 
 
1. 
The receiving State shall permit and protect free communication on the part of 
the mission for all official purposes.  In communicating with the Government and the 
other missions and consulates 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 constituting the diplomatic bag, shall 
be protected by the receiving State in the performance of his functions.  He shall enjoy 
person inviolability 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 the provisions of paragraph 5 of this Article shall also apply, except that the 
immunities therein mentioned 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 commercial aircraft 
scheduled to land at an authorized port of entry.  He shall be provided with an official 
document indicating the number of packages constituting the bag but he shall not be 
considered to be a diplomatic courier.  The mission may send one of its members to 
take possession of the diplomatic bag directly and freely from the captain of the 
aircraft. 
 
 
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Article 28 
 
The fees and charges levied by the mission in the course of its official duties shall be 
exempt from all dues and taxes. 
 
Article 29 
 
The person of a diplomatic agent shall be inviolable.  He shall not be liable to any form 
of arrest or detention.  The receiving State shall treat him with due respect and shall 
take all appropriate steps to prevent any attack on his person, freedom or dignity. 
 
Article 30 
 
1. 
The private residence of a diplomatic agent shall enjoy the same inviolability 
and protection as the premises of the mission. 
 
[This establishes that diplomatic premises can also be merely the “private residence of 
a diplomatic agent” of the State, without owning the building or land.  This further 
proves that there is no requirement to possess any territory to have diplomatic status, 
evidencing the concept of a “non-territorial State”.] 
 
2. 
His papers, correspondence and, except as provided in paragraph 3 of Article 31, 
his property, shall likewise enjoy inviolability. 
 
Article 31 
 
1. 
A diplomatic agent shall enjoy 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: 
 
(a)  
A real action relating to 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; 
 
(b)  
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; 
 
(c)  
An action relating to any professional or commercial activity exercised by 
the diplomatic agent in the receiving State outside his official functions. 
 
2. 
A diplomatic agent is not obliged to give evidence as a witness. 
 
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3. 
No measures of execution may be taken in respect of a diplomatic agent except 
in the cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this Article, 
and provided that the measures concerned can be taken without infringing the 
inviolability of his person or of his residence. 
 
4. 
The immunity of a diplomatic agent from the jurisdiction of the receiving State 
does not exempt him from the jurisdiction of the sending State. 
 
Article 32 
 
1. 
The immunity from jurisdiction of diplomatic agents and of persons enjoying 
immunity under Article 37 may be waived by the sending State. 
 
2. 
Waiver must always be express. 
 
3. 
The initiation of proceedings by a diplomatic agent or by a person enjoying 
immunity from jurisdiction under Article 37 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 judgement, for which a separate waiver shall be necessary. 
 
Article 33 
 
1. 
Subject to the provisions of paragraph 3 of this Article, a diplomatic agent shall 
with respect to services rendered for the sending State be exempt from social security 
provisions which may be in force in the receiving State. 
 
2. 
The exemption provided for in paragraph 1 of this Article shall also apply to 
private servants who are in the sole employ of a diplomatic agent, on condition: 
 
(a)  
That they are not nationals of or permanently resident in the receiving 
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. 
A diplomatic agent who employs 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 receiving State impose upon employers. 
 
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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 receiving 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 34 
 
A diplomatic agent 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 territory of 
the receiving State, unless he holds it on behalf of the sending State for the purposes 
of the mission; 
 
(c)  
Estate, succession or inheritance duties levied by the receiving State, 
subject to the provisions of paragraph 4 of Article 39; 
 
(d)  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; 
 
(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 23. 
 
Article 35 
 
The receiving State shall exempt diplomatic agents 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. 
 
 
 
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Article 36 
 
1. 
The receiving 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 a diplomatic agent or members of his 
family forming part of his household, including articles intended for his establishment. 
 
2. 
The personal baggage of a diplomatic agent 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 receiving State.  Such inspection shall be conducted only in the presence of the 
diplomatic agent or of his authorized representative. 
 
Article 37 
 
1. 
The members of the family of a diplomatic agent forming part of his household 
shall, if they are not nationals of the receiving State, enjoy the privileges and 
immunities specified in Articles 29 to 36. 
 
2. 
Members of the administrative and technical staff of the mission, together with 
members of their families forming part of their respective households, shall, if they are 
not nationals of or permanently resident in the receiving State, enjoy the privileges 
and immunities specified in Articles 29 to 35, except that the immunity from civil and 
administrative jurisdiction of the receiving State specified in paragraph 1 of Article 31 
shall not extend to acts performed outside the course of their duties.  They shall also 
enjoy the privileges specified in Article 36, paragraph 1, 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 receiving 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 
contained in Article 33. 
 
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4. 
Private servants of members of the mission shall, if they are not nationals of or 
permanently resident in the receiving 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 receiving State.  
However, the receiving 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 38 
 
1. 
Except insofar as additional privileges and immunities may be granted by the 
receiving State, a diplomatic agent 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 and private servants who are 
nationals of or permanently resident in the receiving State shall enjoy privileges and 
immunities only to the extent admitted by the receiving State.  However, the receiving 
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 39 
 
1. 
Every person entitled to privileges and immunities shall enjoy them from the 
moment he enters the territory of the receiving State on proceeding to take up his 
post or, if already in its territory, from the moment when his appointment is notified 
to the Ministry for Foreign Affairs or such other ministry as may be agreed. 
 
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 country, or on expiry of a reasonable period in which to do so, but shall 
subsist until that time, even in case of armed conflict.  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 case 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 country. 
 
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4.  
In the event of the death of a member of the mission not a national of or 
permanently resident in the receiving State or a member of his family forming part of 
his household, the receiving State shall permit the withdrawal of the movable property 
of the deceased, with the exception of any property acquired in the country the export 
of which was prohibited at the time of his death.  Estate, succession and inheritance 
duties shall not be levied on movable property the presence of which in the receiving 
State was due solely to the presence there of the deceased as a member of the 
mission or as a member of the family of a member of the mission. 
 
Article 40 
 
1.  
If a diplomatic agent passes through or is in the territory of a third State, which 
has granted him a passport visa if such visa was necessary, while proceeding to take up 
or to return to his post, or when returning to his own country, the third State shall 
accord him inviolability and such other immunities as may be required to ensure his 
transit or return.  The same shall apply in the case of any members of his family 
enjoying privileges or immunities who are accompanying the diplomatic agent, or 
travelling separately to join him or to return to their country. 
 
2.  
In circumstances similar to those specified in paragraph 1 of this Article, third 
States shall not hinder the passage of members of the administrative and technical or 
service staff of a mission, and of members of their families, through their territories. 
 
3. 
Third States shall accord to official correspondence and other official 
communications in transit, including messages in code or cipher, the same freedom 
and protection as is accorded by the receiving State.  They shall accord to diplomatic 
couriers, who have been granted a passport visa if such visa was necessary, and 
diplomatic bags in transit, the same inviolability and protection as the receiving State 
is bound to accord. 
 
4. 
The obligations of third States under paragraphs 1, 2 and 3 of this Article shall 
also apply to the persons mentioned respectively in those paragraphs, and to official 
communications and diplomatic bags, whose presence in the territory of the third 
State is due to force majeure. 
 
 
 
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Article 41 
 
1. 
Without prejudice to their privileges and immunities, it is the duty of all persons 
enjoying such privileges and immunities to respect the laws and regulations of the 
receiving State. They also have a duty not to interfere in the internal affairs of that 
State. 
 
2. 
All official business with the receiving State entrusted to the mission by the 
sending State shall be conducted with or through the Ministry for Foreign Affairs of 
the receiving State or such other ministry as may be agreed. 
 
3. 
The premises of the mission must not be used in any manner incompatible with 
the functions of the mission as laid down in the present Convention or by other rules 
of general international law or by any special agreements in force between the 
sending and the receiving State. 
 
Article 42 
 
A diplomatic agent shall not in the receiving State practise for personal profit any 
professional or commercial activity. 
 
Article 43 
 
The function of a diplomatic agent comes to an end, inter alia: 
 
(a)  On notification by the sending State to the receiving State that the 
function of the diplomatic agent has come to an end; 
 
(b)  On notification by the receiving State to the sending State that, in 
accordance with paragraph 2 of Article 9, it refuses to recognize the diplomatic agent 
as a member of the mission. 
 
Article 44 
 
The receiving State must, even in case of armed conflict, grant facilities in order to 
enable persons enjoying privileges and immunities, other than nationals of the 
receiving State, and members of the families of such persons irrespective of their 
nationality, to leave at the earliest possible moment.  It must, in particular, in case of 
need, place at their disposal the necessary means of transport for themselves and 
their property. 
 
 
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Article 45 
 
If diplomatic relations are broken off between two States, or if a mission is 
permanently or temporarily recalled: 
 
(a)  
The receiving State must, even in case of armed conflict, respect and 
protect the premises of the mission, together with its property and archives; 
 
(b)  
The sending State may entrust the custody of the premises of the mission, 
together with its property and archives, to a third State acceptable to the receiving 
State; 
 
(c)  
The sending State may entrust the protection of its interests and those of 
its nationals to a third State acceptable to the receiving State. 
 
Article 46 
 
A sending State may with the prior consent of a receiving State, and at the request of a 
third State not represented in the receiving State, undertake the temporary protection 
of the interests of the third State and of its nationals. 
 
Article 47 
 
1.  
In the application of the provisions of the present Convention, the receiving 
State shall not discriminate as between States. 
 
[This principle of non-discrimination against States necessarily includes those with a 
historical form of statehood, such as non-territorial kingdoms and principalities.  This 
convention also declares that “all nations from ancient times have recognized… the 
sovereign equality of States” of “differing constitutional and social systems” 
(Preamble: ¶1-3), which reconfirms that sovereign historical institutions retain 
diplomatic status in customary international law.] 
 
2. 
However, discrimination shall not be regarded as taking place: 
 
(a)  Where the receiving State applies any of the provisions of the present 
Convention restrictively because of a restrictive application of that provision to its 
mission in the sending State; 
 
(b)  Where by custom or agreement States extend to each other more 
favourable treatment than is required by the provisions of the present Convention. 
 
 
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Article 48 
 
The present Convention shall be open for signature by all States Members of the 
United Nations or of any of the specialized agencies Parties to the Statute of the 
International Court of Justice, and by any other State invited by the General Assembly 
of the United Nations to become a Party to the Convention, as follows: until 31 
October 1961 at the Federal Ministry for Foreign Affairs of Austria and subsequently, 
until 31 March 1962, at the United Nations Headquarters in New York. 
 
Article 49 
 
The present Convention is subject to ratification.  The instruments of ratification shall 
be deposited with the Secretary-General of the United Nations. 
 
Article 50 
 
The present Convention shall remain open for accession by any State belonging to any 
of the four categories mentioned in Article 48.  The instruments of accession shall be 
deposited with the Secretary-General of the United Nations. 
 
Article 51 
 
1. 
The present Convention shall enter into force on the thirtieth day following the 
date of deposit of the twenty-second instrument of ratification or accession with the 
Secretary-General of the United Nations. 
 
2. 
For each State ratifying or acceding to the Convention after the deposit of the 
twenty-second instrument of ratification or accession, the Convention shall enter into 
force on the thirtieth day after deposit by such State of its instrument of ratification or 
accession. 
 
Article 52 
 
The Secretary-General of the United Nations shall inform all States belonging to any of 
the four categories mentioned in Article 48: 
 
(a)  
Of signatures to the present Convention and of the deposit of instruments 
of ratification or accession, in accordance with Articles 48, 49 and 50; 
 
(b)  Of the date on which the present Convention will enter into force, in 
accordance with Article 51. 
 
 
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Article 53 
 
The original of the present Convention, of which the Chinese, English, French, Russian 
and Spanish texts are equally authentic, shall be deposited with the Secretary-General 
of the United Nations, who shall send certified copies thereof to all States belonging to 
any of the four categories mentioned in Article 48. 
 
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized 
thereto by their respective Governments, have signed the present Convention. 
 
DONE at Vienna this eighteenth day of April one thousand nine hundred and sixty-one.