Partijen en gegevens

Manuel Cabrera Macía, Ambassador of Mexico accredited to the Government of the Federal Republic of Austria, signs the Vienna Convention on Consular Relations of 24 April 1963 as Plenipotentiary, subject to ratification by his Government and with the reservation that Mexico does not accept that part of article 31, paragraph 4, of the Convention which refers to expropriation of consular premises. The main reason for this reservation is that that paragraph, by contemplating the possibility of expropriation of consular premises by the receiving State, presupposes that the sending State is the owner of the premises. That situation is precluded in the Mexican Republic by article 27 of the Political Constitution of the United Mexican States, according to which foreign States cannot acquire private title to immovable property unless it is situated at the permanent seat of Federal Power and necessary for the direct use of their embassies or legations.

The Revolutionary Government of Cuba makes an express reservation to the provisions of articles 74 and 76 of the Convention because it considers that, in view of the nature of the content and rules of the Convention, all free and sovereign States have the right to participate in it, and the Revolutionary Government is therefore in favour of facilitating accession by all countries in the international community, without distinction as to the territorial size of States, the number of their inhabitants or their social, economic or political systems.

With reference to the provision contained in article 36, paragraph 1(c), of the Convention on Consular Relations, the Italian Government considers that the right of a consular official to visit nationals of his State who are for any reason held in custody and to act on their behalf may not be waived, inasmuch as it is embodied in general law. The Italian Government will therefore act on the basis of reciprocity.

The Government of Denmark objects to the reservations made by the Arab Republic of Egypt to paragraph 1 of article 46 and to articles 49, 62 and 65 of the Convention and to the reservation made by Italy to paragraph 1 (c) of article 36 of the Convention. ’

The Government of the French Republic does not regard as valid the reservations to articles 46, 49, 62 and 65 of the Convention made by the Government of the United Arab Republic. This declaration shall not be regarded as an obstacle to the entry into force of the Convention between the French Republic and the United Arab Republic.

…The Convention and Optional Protocols shall also apply to Land Berlin with effect from the date on which they enter into force for the Federal Republic of Germany, subject to the existing rights and responsibilities of the Powers responsible for Berlin including the right to decide on the admission of heads, of consular missions in their sectors and to determine the extent of consular privileges and immunities.

The Government of the Federal Republic of Germany does not regard as valid the reservations to articles 46, 49, 62 and 65 of the Convention made by the Government of the United Arab Republic.

This declaration shall not be regarded as an obstacle to the entry into force of the Convention between the Federal Republic of Germany and the United Arab Republic. ’

…The United Kingdom hereby confirms its declaration in respect of paragraph 3 of article 44 of the Convention made at the time of signature, and further declares that it will interpret Chapter II of the Convention as applying to all career consular employees, including those employed at a consular post headed by an honorary consular officer. ’

The Federal Republic of Germany interprets the provisions of Chapter II of the Vienna Convention on Consular Relations, done on 24 April 1963, as applying to all career consular personnel (consular officers, consular employees and members of the service staff), including those assigned to a consular post headed by an honorary consular officer, and that it will apply the said provisions accordingly. ’

In respect of article 5(j) consular posts established in Denmark by foreign States may not, except by virtue of a special agreement, execute letters rogatory or commissions to take evidence for the courts of the sending State, and may transmit judicial and extra-judicial documents only in civil or commercial matters.

With regard to article 35, paragraph 1, and article 58, paragraph 1, Sweden does not accord to consular posts headed by honorary consular officers the right to employ diplomatic or consular couriers and diplomatic or consular bags, or to Governments, diplomatic missions and other consular posts the right to employ these means in communicating with consular posts headed by honorary consular officers, except to the extent that Sweden may have consented thereto in particular cases.

With reference to article 22 of the Convention, the Swedish Government expresses the wish that in countries where it has been an established practice to allow nationals of the receiving State or of a third State to be appointed as Swedish honorary consuls, this will continue to be allowed as before. The Swedish Government also expresses the hope that countries with which Sweden establishes new consular relations will follow a similar practice and will give their consent to such appointments pursuant to paragraphs 2 and 3 of article 22. ’

‛ It is understood that the ratification of this Convention does not mean in any way recognition of Israel by the Government of the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel. ’

With reference to article 22 of the Convention, the Norwegian Government expresses the wish that in countries where it has been an established practice to allow nationals of the receiving State or of a third State to be appointed as Norwegian honorary consuls, this practice will continue to be allowed as before. The Norwegian Government also expresses the hope that countries with which Norway establishes new consular relations will follow a similar practice and will give their consent to such appointments pursuant to paragraphs 2 and 3 of article 22. ’

With regard to article 35, paragraph 1, and article 58, paragraph 1, Finland does not accord to consular posts headed by honorary consular officers the right to employ diplomatic or consular couriers and diplomatic or consular bags, or to Governments, diplomatic missions and other consular posts the right to employ these means in communicating with consular posts headed by honorary consular officers, except to the extent that Finland may have consented thereto in particular cases. ’

With reference to article 22 of the Convention, the Finnish Government expressed the wish that in countries where it has been an established practice to allow nationals of the receiving State or of a third State to be appointed as Finnish honorary consuls, this practice will continue to be allowed as before. The Finnish Government also expresses the hope that countries with which Finland establishes new consular relations will follow a similar practice and will give their consent to such appointments pursuant to paragraphs 2 and 3 of article 22.

With reference to article 49, paragraph 1b, the Finnish Government wishes to add that, according to established practice, exemption cannot be granted in respect of dues or taxes levied on certain private movable property, such as shares or stock or other form or partnership in a condominium or housing corporation entitling the holder of such movable property to possess and control immovable property situated in the territory of Finland and owned or otherwise legally possessed by the said condominium or housing corporation. ’

‛ The Government of Israel has noted the political character of paragraph 1 of the declaration made by the Government of the United Arab Republic. In the view of the Government of Israel, the Convention and the Protocol are not the proper place for making such political pronouncements. The Government of Israel will, in so far as concerns the substance of the matter, adopt towards the Government of the United Arab Republic an attitude of complete reciprocity. ’

‛ The accession of the Republic of Iraq to this Convention shall in no way constitute recognition of the Member of the United Nations called Israel or imply any obligation toward or relation with the said Member. ’

The State Council of the Socialist Republic of Romania considers that the provisions of articles 74 and 76 of the Convention are incompatible with the principle that multilateral international treaties whose subject-matter and purposes are of interest to the international community as a whole should be open for universal accession.

Fiji will interpret the exemption accorded to members of a consular post by paragraph 3 of Article 44 from liability to give evidence concerning matters connected with the exercise of their functions as relating only to acts in respect of which consular officers and consular employees enjoy immunity from the jurisdiction of the judicial or administrative authorities of the receiving State in accordance with the provisions of article 43 of the Convention. ’

The Kingdom of Lesotho will interpret the exemption accorded to members of a consular post by paragraph 3 of article 44 from liability to give evidence concerning matters connected with the exercise of their functions or to produce official correspondence and documents relating thereto as not extending to matters, correspondence of documents connected with the administration of the estate of a deceased person in respect of which a grant of representation has been made to a member of a consular post. ’

‛ … The accession of this Convention does not mean in any way recognition of Israel by the Government of the Sultanate of Oman. Furthermore, no treaty relations will arise between the Sultanate of Oman and ‘Israel’. ’

Morocco's accession to the Convention on Consular Relations shall not in any way imply tacit recognition of ‘Israel’; nor shall any conventional relations be established between the Kingdom of Morocco and ‘Israel’.

Article 62, concerning the exemption from customs duties on articles for the use of a consular post headed by an honorary consular officer, shall not apply.

Article 65 shall not appply, since honorary consular officers cannot be exempted from obligations in regard to the registration of aliens and residence permits.

The Government of the Federal Republic of Germany regards the reservations made by the Kingdom of Morocco in respect of articles 62 and 65 of the Vienna Convention on Consular Relations of 24 April 1963 as incompatible with the purpose and objective of the Convention.

This declaration shall, however, not be regarded as an obstacle to the entry into force of the Convention between the Federal Republic of Germany and the Kingdom of Morocco.

‛ The accession of the United Arab Emirates to this Convention shall in no way amount to recognition of nor the establishment of any treaty relation with Israel. ’

With reference to article 22 of the Convention, the Icelandic Government expresses the wish that in countries where it has been an established practice to allow nationals of the receiving State or of a third State to be appointed as Icelandic honorary consuls, this will continue to be allowed as before. The Icelandic Government also expresses the hope that countries with which Iceland establishes new consular relations will follow a similar practice and will give their consent to such appointments pursuant to paragraphs 2 and 3 of article 22.

‛ … The Taiwan authorities signature on this Convention in the name of China is illegal and null and void. ’

As regards articles 74 and 76: the People's Republic of Mozambique considers that these provisions are incompatible with the principle that multilateral international instruments whose purpose and subject-matter are of interest to the International Community as a whole should be open for universal participation.

It also considers that the said articles are contrary to the principle of sovereign equality of states and deprive sovereign states from their legitimate right to participate in it. ’

On the occasion of the accession of the Kingdom of the Netherlands to the Vienna Convention on Consular Relations, the Kingdom of the Netherlands declares the following:

On the same occasion the Kingdom of the Netherlands further declares as follows:

The Kingdom of the Netherlands accepts the reservation made by the Yemen Arab Republic concerning the Articles 46, paragraph 1, and 49 of the Convention only in so far as it does not purport to exclude the husbands of female members of the consular posts from enjoying the same privileges and immunities under the present Convention. ’

We should like to make clear in this connection that it was our country's intention in making that reservation that the expression ‘family of a member of the consular post’ should, for the purposes of enjoyment of the priviliges and immunities specified in the Convention, be understood to mean the member of the consular post, his spouse and minor children only.

We should like to make it clear that this reservation is not intended to exclude the husbands of female members of the consular posts, as was suggested in the Netherlands interpretation, since it is natural that husbands should in cases enjoy the same privileges and immunities.

The Government of the State of Israel has noted that the Instruments of accession of the Yemen Arab Republic to the [two above-mentioned] Conventions contain declarations in respect of Israel. In the view of the Government of the State of Israel, such declarations which are explicitly of a political character, are incompatible with the purposes and objectives of those Conventions and cannot in any way affect whatever obligations are binding upon the Yemen Arab Republic under general international law or under particular conventions.

The Government of the State of Israel will, in so far as concerns the substance of the matter adopt towards the Yemen Arab Republic, an attitude of complete reciprocity. ’

… In addition, the Government of the United States wishes to state its objection to the reservation regarding the Vienna Convention on Consular Relations made with respect to paragraph 3 of article 35 by the Yemen Arab Republic.

Finally, the Government of the United States notes that the reservation made with respect to paragraph 1 of article 46 and article 49 of the Vienna Convention on Consular Relations by the Yemen Arab Republic states that the Yemen Arab Republic understands the term ‘members of their families forming part of their households’ in paragraph 1 of Article 46 and Article 49 as being restricted to members of the consular posts and, inter alia, their wives for the purpose of the privileges and immunities enjoyed by them.

The United States understand this term to include members of the consular posts and their spouses, regardless of whether the spouse is a husband or wife. Accordingly, the Government of the United States wishes to state its objection if the Yemen Arab Republic does not include all spouses of the members of the consular posts as being within the meaning of the term ‘members of their families forming part of their households’ in paragraph 1 of Article 46 and Article 49.

The Government of the United States, however, considers the Conventions as continuing in force between it and the respective above-mentioned State[s] excpet for the provisions to which the reservations are addressed in each case. ’

While acceding to the Vienna Convention on Consular Relations of 24 April 1963 the German Democratic Republic reserves itself the right, in accordance with article 73 of the Convention, to conclude agreements with other State-parties in order to supplement and complete the provisions as regards bilateral relations. This concerns, in particular, the status, privileges and immunities of independent consular missions and their members as well as the consular tasks.

The German Democratic Republic holds the opinion that the provisions of articles 74 and 76 of the Convention are in contradiction to the principle according to which all states that are guided in their policy by the purposes and principles of the United Nations Charter have the right to accede to conventions affecting the interests of all states. ’

The People's Republic of Bulgaria considers that referring to the provisions of article 31, paragraph 2 of the Vienna Convention on Consular Relations the authorities of the receiving State may enter the consular premises in the event of fire or other disaster in the presence of a representative of the sending State or after all appropriate steps have been taken to obtain the consent of the head of the consular post.

The Government of Barbados hereby declares that it will interpret the exemption accorded to members of a consular post by paragraph 3 of article 44 from liability to give evidence concerning matters connected with the exercise of their functions as relating only to Acts in respect of which consular officers and consular employees enjoy immunity from the jurisdiction of the juridical or administrative authorities of the receiving state in accordance with the provisions of article 43 of the Convention. ’

‛ The Socialist Republic of Vietnam shall not accord to the consular posts headed by the honorary consular officers the right to employ diplomatic, consular couriers, diplomatic and consular bags or messages in code or cipher; or to other governments, their diplomatic missions or consular posts the right to employ these means in communicating with consular posts headed by the honorary consular officers, unless the Government of the Socialist Republic of Vietnam may give express consent thereto in a particular case. ’

‛ The accession by the State of Bahrain to the said Convention shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith. ’

Contrary to the principle of sovereign equality of States and to the right of all States to participate in general multilateral treaties Articles 74 and 76 of the Vienna Convention on Consular Relations deprive certain States of their undeniable right to become parties to a treaty of a general character, concerning matters of legitimate interest of any State, which according to its preamble should contribute to the development of friendly relations among nations irrespective of their differing constitutional and social systems. ’

Contrary to the principle of sovereign equality of States and to the right of all States to participate in general multilateral treaties Articles 74 and 76 of the Vienna Convention on Consular Relations deprive certain States of their undeniable right to become parties to a treaty of a general character, concerning matters of legitimate interest of any State, which according to its preamble should contribute to the development of friendly relations among nations irrespective of their differing constitutional and social systems. ’

‛ Accession of the Former Yugoslav Republic of Macedonia to the Vienna Convention on Consular Relations of 1963 does not imply its recognition on behalf of the Hellenic Republic. ’

The Government of Belize will interpret the exemption accorded to members of a consular post by paragraph 3 of Article 44 from liability to give evidence concerning matters connected with the exercise of their functions as relating only to acts in respect of which consular officers and consular employees enjoy immunity from the jurisdiction of the judicial or administrative authorities of the receiving State in accordance with the provisions of Article 43 of the Convention. The Government of Belize further declares that it will interpret Chapter II of the Convention as applying to all career consular employees, including those employed at a consular post headed by an honorary consular officer.

The Government of the United States of America does not believe the 'State of Palestine' qualifies as a sovereign State and does not recognize it as such. Accession to the Convention is limited to sovereign States. Therefore, the Government of the United States of America believes that the 'State of Palestine' is not qualified to accede to the Convention and affirms that it will not consider itself to be in a treaty relationship with the 'State of Palestine' under the Convention.

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.257.2014.TREATIES-III.6, dated 15 May 2014, conveying a communication of the United States of America regarding the accession of the State of Palestine to the Vienna Convention on Consular Relations, dated 24 April 1963.

The Government of the State of Palestine regrets the position of the United States of America and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine 'non-member observer State status in the United Nations'. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.

As a State Party to the Vienna Convention on Consular Relations, which entered into force on 2 May 2014, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Vienna Convention on Consular Relations, and the Secretary-General's communication of 9 April 2014, numbered C.N.177.2014.TREATIES-III.6, relating to that treaty.

The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary General's capacity as Depositary for the Vienna Convention on Consular Relations. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Vienna Convention on Consular Relations, 'Palestine' is not able to accede to this convention, and that the Vienna Convention on Consular Relations does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.273.2014.TREATIES-III.6, dated 22 May 2014, conveying a communication of Canada regarding the accession of the State of Palestine to the Vienna Convention on Consular Relations, dated 24 April 1963.

The Government of the State of Palestine regrets the position of Canada and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine 'non-member observer State status in the United Nations'. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.

As a State Party to the Vienna Convention on Consular Relations, which entered into force on 2 May 2014, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

The Permanent Mission of Israel to the United Nations presents its compliments to the Secretary-General of the United Nations, in his capacity as depositary to the Vienna Convention on Consular Relations, and refers to the communication by the depositary, dated 9 April 2014, regarding the Palestinian request to accede to this Convention (Reference number C.N.177.2014.TREATIES-III.6).

'Palestine' does not satisfy the criteria for statehood under international law and lacks the legal capacity to join the aforesaid convention both under general international law and the terms of bilateral Israeli-Palestinian agreements.

The Government of Israel does not recognize 'Palestine' as a State, and wishes to place on record, for the sake of clarity, its position that it does not consider 'Palestine' a party to the Convention and regards the Palestinian request for accession as being without legal validity and without effect upon Israel's treaty relations under the Convention.

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.291.2014.TREATIES-III.6, dated 22 May 2014, conveying a communication of Israel regarding the accession of the State of Palestine to the Vienna Convention on Consular Relations, dated 24 April 1963.

The Government of the State of Palestine regrets the position of Israel, the occupying Power, and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine 'non-member observer State status in the United Nations'. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.

As a State Party to the Vienna Convention on Consular Relations, which entered into force on 2 May 2014, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.