GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Foreign Missions and International Organizations Act — F-29.4 1
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
(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;
Foreign Missions and International Organizations Act — F-29.4 (b)
(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;
Foreign Missions and International Organizations Act — F-29.4 (c)
(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.
Foreign Missions and International Organizations Act — F-29.4 2
2 A diplomatic agent is not obliged to give evidence as a witness.
Foreign Missions and International Organizations Act — F-29.4 3
3 No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (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.
Foreign Missions and International Organizations Act — F-29.4 4
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.
Foreign Missions and International Organizations Act — F-29.4 1
1 The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State.
Foreign Missions and International Organizations Act — F-29.4 3
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 counter-claim directly connected with the principal claim.
Foreign Missions and International Organizations Act — F-29.4 4
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.
Foreign Missions and International Organizations Act — F-29.4 1
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.
Foreign Missions and International Organizations Act — F-29.4 2
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) that they are not nationals of or permanently resident in the receiving State; and
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) that they are covered by the social security provisions which may be in force in the sending State or a third State.
Foreign Missions and International Organizations Act — F-29.4 3
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 shall impose upon employers.
Foreign Missions and International Organizations Act — F-29.4 4
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.
Foreign Missions and International Organizations Act — F-29.4 5
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;
Foreign Missions and International Organizations Act — F-29.4 (b)
(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;
Foreign Missions and International Organizations Act — F-29.4 (c)
(c) estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39;
Foreign Missions and International Organizations Act — F-29.4 (d)
(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;
Foreign Missions and International Organizations Act — F-29.4 (e)
(e) charges levied for specific services rendered;
Foreign Missions and International Organizations Act — F-29.4 (f)
(f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.
Foreign Missions and International Organizations Act — F-29.4
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.
Foreign Missions and International Organizations Act — F-29.4 1
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) articles for the official use of the mission;
Foreign Missions and International Organizations Act — F-29.4 (b)
(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.
Foreign Missions and International Organizations Act — F-29.4 2
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.
Foreign Missions and International Organizations Act — F-29.4 1
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.
Foreign Missions and International Organizations Act — F-29.4 2
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.
Foreign Missions and International Organizations Act — F-29.4 3
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.
Foreign Missions and International Organizations Act — F-29.4 4
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 these persons in such a manner as not to interfere unduly with the performance of the functions of the mission.
Foreign Missions and International Organizations Act — F-29.4 1
1 Except in so far 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.
Foreign Missions and International Organizations Act — F-29.4 2
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.
Foreign Missions and International Organizations Act — F-29.4 1
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.
Foreign Missions and International Organizations Act — F-29.4 2
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.
Foreign Missions and International Organizations Act — F-29.4 3
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.
Foreign Missions and International Organizations Act — F-29.4 4
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.
Foreign Missions and International Organizations Act — F-29.4 1
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.
Foreign Missions and International Organizations Act — F-29.4 2
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.
Foreign Missions and International Organizations Act — F-29.4 3
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.
Foreign Missions and International Organizations Act — F-29.4 4
4 The obligations of third States under paragraphs 1, 2 and 3 of this Article shall also apply to the persons mentioned respectively in these paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeure .
Foreign Missions and International Organizations Act — F-29.4 1
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.
Foreign Missions and International Organizations Act — F-29.4 2
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.
Foreign Missions and International Organizations Act — F-29.4 3
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.
Foreign Missions and International Organizations Act — F-29.4
A diplomatic agent shall not in the receiving State practise for personal profit any professional or commercial activity.
Foreign Missions and International Organizations Act — F-29.4 (a)
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
(a) on notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end;
Foreign Missions and International Organizations Act — F-29.4 (b)
(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.
Foreign Missions and International Organizations Act — F-29.4
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
(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;
Foreign Missions and International Organizations Act — F-29.4 (b)
(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;
Foreign Missions and International Organizations Act — F-29.4 (c)
(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.
Foreign Missions and International Organizations Act — F-29.4
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.
Foreign Missions and International Organizations Act — F-29.4 1
1 In the application of the provisions of the present Convention, the receiving State shall not discriminate as between States.
Foreign Missions and International Organizations Act — F-29.4 2
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
(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;
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.
Foreign Missions and International Organizations Act — F-29.4
The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or 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.
Foreign Missions and International Organizations Act — F-29.4
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Foreign Missions and International Organizations Act — F-29.4
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.
Foreign Missions and International Organizations Act — F-29.4 1
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.
Foreign Missions and International Organizations Act — F-29.4 2
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
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.
Foreign Missions and International Organizations Act — F-29.4 (a)
(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;
Foreign Missions and International Organizations Act — F-29.4 (b)
(b) of the date on which the present Convention will enter into force, in accordance with Article 51.
Foreign Missions and International Organizations Act — F-29.4
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.
Foreign Missions and International Organizations Act — F-29.4
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.
Foreign Missions and International Organizations Act — F-29.4
DONE AT VIENNA, this eighteenth day of April one thousand nine hundred and sixty-one.
Foreign Missions and International Organizations Act — F-29.4
Recalling that consular relations have been established between peoples since ancient times,
Foreign Missions and International Organizations Act — F-29.4
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,