Diplomatic Immunity, Credentials and the Functions of Missions

Diplomatic agents enjoy immunities and privileges. They are not subject to arrest even in wartime and their homes are inviolable. In the host country the foreign envoy is free of taxes and military obligations. A diplomat’s personal baggage and household effects are not inspected by the host state or third states crossed in transit, in which he also has immunity.

As it is declared in Vienna Convention, the physical property of the mission enjoys immunities and privileges as well. The mission’s archives are inviolable even if relations are severed or war is declared. In their host country diplomats enjoy the freedom to articulate their government’s policies, even when these are unwelcome to the ears of their hosts. Direct criticism of their host government, its leaders, or local society may, however, result in a diplomat’s being asked to leave (i.e., being declared persona non grata). According to article 45 of Vienna Convention, “the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.” Thus, using the so called “third country rule”, the host country and the sending state try to maintain an atmosphere conductive to dialogue.

The head of mission’s residence and the chancellery (embassy) are extra-territorial. The legal fiction is maintained that these premises are part of the sending state’s territory, not that of the host state; even local firefighters cannot enter “foreign territory” without consent. For this reason, political opponents of harsh regimes often seek asylum in embassies, legations and nunciatures.

Appointment of a new head of mission is a complex process. To avoid embarrassment, his or her name is informally sounded. If the host country does not object, formal application for agrement, or consent, is made by the envoy being replaced. Then the new ambassador is sent forth with a letter of credence addressed by his head of state to the head of the host state to introduce the ambassador as his or her representative. In most major capitals a copy of credentials is now first provided privately to the foreign minister, after which the new ambassador can deal with the foreign ministry. It should be stressed that presentation of credentials to the chief of state is quite formal. In some states with a keen sense of tradition, it may entail riding from the embassy to a palace in an open carriage. For example, in Russian Federation, a newly appointed ambassador is carried from the embassy to Kremlin in a special car for VIP persons (“ZIL”).

Generally, the ceremony in most of the countries includes handing over the newly arrived ambassador’s letters of credence and those of recall of the predecessor and a short speech.

At the UN, credentials are presented without ceremony to the secretary-general. There is no doyen, because turnover is too rapid; instead, the secretary-general annually draws the name of a country from a box, and precedence occurs alphabetically in English beginning with that country.

The appointment of consuls is merely notified. They are entitled to some but not all diplomatic privileges and immunities. They are located in the major cities of the host country, of which a few may be citizens. For example, the consulates of the Democratic Republic of Shree – Lanka, the Republics of Chili, Philippines, Slovenia, Peru, Malta Indonesia, Bangladesh in St Petersburg are staffed with citizens of Russia. The primary functions of consuls are issuing visas, fostering commerce and aiding nationals of the sending state who are in difficulty.

According to Vienna Convention, the functions of a diplomatic mission include: the representation of a sending state in the host state at a level beyond the merely social and ceremonial; the protection within the host state of the interests of the sending state and its nationals, including their property and shares in firms; the negotiation and signing of agreements with the host state when authorized; the reporting and gathering of information by all lawful means on conditions and developments in the host country for the sending government and the promotion of friendly relations between the two states and the furthering of their economic, commercial, cultural, and scientific relations. Diplomatic missions also provide public services for their nationals, including acting as a notary public, providing electoral registration, issuing passports and papers for military conscription, referring injured or sick nationals to local physicians and lawyers and ensuring nondiscriminatory treatment for those charged with or imprisoned for crimes.

11. Find in the text equivalents for the following words and phrases:

аккредитующее государство; граждане; наделять привилегиями; сменяемость (кадров); вне территориальный; пользоваться иммунитетом; освобождать от налогов и военных обязательств; вверить защиту своих интересов третьему государству; приемлемый для государства пребывания; законные средства; развитие (продвижение); страны, в которых любят (уважают) традиции; предшественник; выполняя функции нотариального органа, верительные грамоты

12. Answer the questions:

a. What kind of immunities do diplomats enjoy?

b. What privileges do the diplomatic missions enjoy?

c. What does the article 45 of Vienna Convention declare?

d. What does “the third country rule mean?

e. Who’s the owner of mission’s premises?

f. In which situations a diplomat may be announced “persona non grata”?

g. What documents must a new head of mission present to the head of the host state?

h. Why there’s no doyen at the UN?

i. What are the main functions of diplomatic mission