TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-119

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DIPLOMATIC AND CONSULAR RELATIONS

Privileges and Immunities

Agreement Between the

UNITED STATES OF AMERICA

and INDIA

Signed at New Delhi January 19, 2017
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 INDIA

 Diplomatic and Consular Relations:

 Privileges and Immunities

 Agreement signed at New Delhi

 January 19, 2017;

 Entered into force January 19, 2017.

 

 
AGREEMENT BETWEEN 


THE GOVERNMENT OF THE UNITED STATES OF AMERICA 


ANDTHE 


GOVERNMENT OF THE REPUBLIC OF INDIA 


REGARDING 


CONSULAR PRIVILEGES AND IMMUNITIES 


The Government of the United States of America and the Government of the Republic 

of India (the "Parties"); 

the important work performed by consular officers and consular 

Believing that enhanced protections for members of the consular staff and their family 

'members will further strengthen the friendly relations between the Parties; 

Intending to enhance the protections enjoyed by consular posts, consular officers, 

consular employees and their family members; and 

Reiterating that immunities are to ensure the efficient functioning of consular posts on 

behalf of their respective States and are not for the purpose of benefitting individuals. 

Have reached the following Agreement: 

Article 1 


Definitions 


For purposes of this Agreement: 

(i) The definitions provided in Article 1 of the Vienna Convention on Diplomatic 

Relations, 1961, and Article 1 of the Vienna Convention on Consular Relations, 1963, 

apply to this Agreement. 
l 

!(ii) "Family member" means a member of the family of a consular officer or of a 1 

jconsular employee forming part of the household who has been notified to the 1 l l 

!receiving State in accordance with the relevant laws and established practice of the ! 

!receiving State. 

I 

Article 2 


Privileges and Immunities of Consular Officers 


Party shall extend to consular officers of the other Party, privileges and · 

immunities equivalent to those afforded to diplomatic agents under the l 

: Convention on Diplomatic Relations. 

Article 3 


Privileges and Immunities of Consular Employees 


Party shall extend to consular employees of the other Party privileges and 

immunities equivalent to those afforded to members of the administrative 

technical staff under the Vienna Convention on Diplomatic Relations. 

Article 4 


Privileges and Immunities of a Family Member of a Consular Officer 


Each Party shall extend to the family member of a consular officer of the other Party ; 

privileges and immunities equivalent to those afforded to the members of the family of 

a diplomatic agent forming part of his or her household under the Vienna Convention 

on Diplomatic Relations. 

Article 5 

Privileges and Immunities of a Family Member of a Consular Employee 

The Parties shall extend to the family member of a consular employee of the other 

Party privileges and immunities equivalent to those afforded to the members of the 1 

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·processing and issuing visas for the diplomatic and consular personnel of the other 

Party. 

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!tamily of a member of the administrative and technical staff forming part of his or her · 

jhousehold under the Vienna Convention on Diplomatic Relations. 

Article 6 

Consular Mission and Property 

IThe premises of the consular mission and its property, including means of transport, 

!shall enjoy the same protection as those of a diplomatic mission under Article 22 of~. I 

!the Vienna Convention on Diplomatic Relations. 

Article 7 

Scope of Application 

I . 1 I 

!The protections provided in this Agreement shall not apply to those individuals who l

Iare nationals of or permanently resident in the receiving State. The protections

lprovided in this Agreement shall not apply to individuals who have the status of 

' !Overseas Citizens of India, as defined in Section 7A of The Citizenship Act, 1955 of 

Article 8 


Waivers 


; 

!Any immunity or inviolability afforded under this Agreement may be waived by the 

.sending State. Any such waiver must always be express. 

Article 9 


Visas 


·Each Party commits not to discriminate on the basis of religion or ethnic heritage in 
Article 10 


Relationship to the Vienna Convention on Consular Relations 


, Consistent with Article 73 of the Vienna Convention on Consular Relations. 

!Agreement supplements and amplifies the provisions of that Convention. The i 

!provisions of the Convention and the Agreement shall be applied consistently, but in 

I 

: case of a conflict the provision more favourable to the sending State shall be applied. 

Article 11 


Amendment 


This Agreement may be amended at any time by mutual written consent of the 

Article 12 


Entry into force and termination 


This Agreement shall enter into force upon its signature by the Parties. Either Party 

; may terminate this Agreement by providing written notice to the other Party. 

Termination shall take effect one year following the date of such notification. 

In Witness whereof, the undersigned being duly authorized by their respective 

: governments have signed this Agreement. 

Done at New Delhi, this 19th day of January, 2017, in two originals. 

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF 

: THE UNITED STATES OF AMERICA THE REPUBLIC OF INDIA 

Foreign 

o~::~ Secretary 

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