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Vanuatu Consolidated Legislation - 1988 |
Commencement: 16 May 1988
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 200
Act
6 of 1988ARRANGEMENT OF SECTIONS
SECTION
1. Interpretation
2. Application of Vienna Convention
3. Restriction of privileges and immunities
4. Additional or reduced privileges and immunities
5. Service on board ship or aircraft
6. Detention on board ship for disciplinary offences
7. Nationality of children of consular officers etc.
8. Refund of customs duty on hydrocarbon oils
9. Priority of telecommunications
10. Oaths and notarial acts
11. Evidence
SCHEDULE 1-Vienna Convention on Consular Relations
SCHEDULE 2-Articles of Convention having the force of law in Vanuatu
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CONSULAR RELATIONS
An Act to give effect to the Vienna Convention on Consular Relations.
INTERPRETATION
1. In this Act unless the context otherwise requires -
"Article" means an Article of the Convention;
"Convention" means the Vienna Convention on Consular Relations signed on 24 April, 1963 a copy of which is set out in Schedule 1;
"Minister" means the Minister for the time being responsible for matters relating to the foreign affairs of the Republic of Vanuatu.
APPLICATION OF VIENNA CONVENTION
(2) The references in Article 44 to matters connected with the exercise of the functions of members of a consular post shall be construed as references to matters connected with the exercise of consular functions by consular officers or consular employees.
(3) For the purpose of Article 45 and that Article as applied by Article 58 a waiver shall be deemed to have been expressed by a state if it has been expressed by the head, or any person for the time being performing the functions of head, of the diplomatic mission of that state or, if there is no such mission, of the consular post concerned.
(4) Article 48 shall not affect any agreement made between or on behalf of Vanuatu and any other state before the commencement of this Act (16 May 1988) and shall not be taken to prevent the making of any such agreement after the commencement of this Act (16 May 1988).
(5) Articles 50, 51, 52, 54, 62 and 67 shall be construed as granting any privilege or immunity which they require to be granted.
(6) The reference in Article 57 to the privileges and immunities provided in Chapter II shall be construed as referring to those provided in Section II of that Chapter of the Convention.
(7) The reference in Article 70 to the rules of international law concerning diplomatic relations shall be construed as a reference to the provisions of the Diplomatic Privileges and Immunities Act, Cap. 143.
(8) The reference in Article 71 to additional privileges and immunities that may be granted by the receiving state or to privileges and immunities so far as these are granted by the receiving state shall be construed as referring to such privileges and immunities as may be specified by the Minister by Order.
RESTRICTION OF PRIVILEGES AND IMMUNITIES
ADDITIONAL OR REDUCED PRIVILEGES AND IMMUNITIES
(2) Where any agreement made whether before or after the commencement of this Act (16 May 1988), between or on behalf of Vanuatu, and any other state provides for according to consular posts and persons connected with them some but not all of the privileges and immunities accorded to them by the other provisions of this Act, the Minister may by Order provide for the exclusion, with respect to consular posts of that state and persons connected with them, of any of those privileges and immunities which are not provided for by the agreement.
SERVICE ON BOARD SHIP OR AIRCRAFT
DETENTION ON BOARD SHIP FOR DISCIPLINARY OFFENCES
(a) his detention is unlawful under the laws of that state or the conditions of detention are inhuman or unjustifiably severe; or
(b) there is reasonable cause for believing that his life or liberty will be endangered for reasons of race, nationality, political opinion or religion, in any country to which the ship is likely to go.
NATIONALITY OF CHILDREN OF CONSULAR OFFICERS ETC.
(a) was serving within Vanuatu as a member of a consular post of any state; and
(b) was a national of that state, unless he is the child of a father who at that time was a citizen of Vanuatu.
(2) In this section "member of a consular post" has the same meaning as, by virtue of Article 1 it has in Schedule 1 except that it does not include an honorary consular officer, nor where a consular post of any state is headed by an honorary consular officer, any member of the post who is not in the full time service of that state.
REFUND OF CUSTOMS DUTY ON HYDROCARBON OILS
(a) bought in Vanuatu; and
(b) used for such purpose that, had they been imported for that use, exemption from customs duty thereon would have been required to be granted by virtue of Article 50 or by virtue of an Order under section 4(1).
(2) Any arrangements made under this section may impose conditions subject to which any refund is to be made.
PRIORITY OF TELECOMMUNICATIONS
OATHS AND NOTARIAL ACTS
(a) required by persons for use in that state or under the laws thereof; or
(b) otherwise required by a national of that state but not for use, in Vanuatu except under the laws of some other country.
(2) The Minister may by Order exclude or restrict the provisions of subsection (1) in relation to the diplomatic agents or consular officers of any state if it appears to him that in any territory of that state diplomatic agents or consular officers of Vanuatu are not permitted to perform functions corresponding in nature and extent to those authorized by that subsection.
(3) In this section "diplomatic agent" has the same meaning as in the Diplomatic Privileges and Immunities Act, Cap. 143.
EVIDENCE
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SCHEDULE 1
(section 1)
VIENNA CONVENTION ON CONSULAR RELATIONS
The States Parties to the present Convention, recalling that consular relations have been established between peoples since ancient times, 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;
Considering that the United Nations Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on Diplomatic Relations which was opened for signatures on 18 April 1961;
Believing that an international convention on consular relations, privileges and immunities would also contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems;
Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by consular posts on behalf of their respective States;
Affirming that the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention;
Have agreed as follows:
Article 1
Definitions
(a) "consular post" means any consulate-general, consulate, vice-consulate or consular agency;
(b) "consular district" means the area assigned to a consular post for the exercise of consular functions;
(c) "head of consular post" means the person charged with the duty of acting in that capacity;
(d) "consular officer" means any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions;
(e) "consular employee" means any person employed in the administrative or technical service of a consular post;
(f) "member of the service staff" means any person employed in the domestic service of a consular post;
(g) "members of the consular post" means consular officers, consular employees and members of the service staff;
(h) "members of the consular staff" means consular officers, other than the head of a consular post, consular employees and members of the service staff;
(i) "member of the private staff" means a person who is employed exclusively in the private service of a member of the consular post;
(j) "consular premises" means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post;
(k) "consular archives" includes all the papers, documents, correspondence, books, films, tapes and registers of the consular post, together with the ciphers and codes, and card- indexes and any article of furniture intended for their protection or safekeeping.
CHAPTER I
CONSULAR RELATIONS IN GENERAL
SECTION 1
ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS
Article 2
Establishment of consular relations
Article 3
Exercise of consular functions
Consular functions are exercised by consular posts. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention.
Article 4
Establishment of a consular post
Article 5
Consular functions
Consular functions consist in -
(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;
(b) furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State and otherwise promoting friendly relations between them in accordance with the provisions of the present Convention;
(c) ascertaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting thereon to the Government of the sending State and giving information to persons interested;
(d) issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State;
(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;
(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State;
(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending State in cases of succession mortis causa in the territory of the receiving State, in accordance with the laws and regulations of the receiving State;
(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;
(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;
(j) transmitting judicial and extra-judicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State;
(k) exercising rights of supervision and inspection provided for in the laws and regulations of the sending State in respect of vessels having the nationality of the sending State, and of aircraft registered in that State, and in respect of their crews;
(l) extending assistance to vessels and aircraft mentioned in subparagraph (k) of this Article and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the ship's papers, and without prejudice to the powers of the authorities of the receiving State, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers and the seamen in so far as this may be authorised by the laws and regulations of the sending State;
(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.
Article 6
Exercise of consular functions outside the consular district
A consular officer may, in special circumstances, with the consent of the receiving State, exercise his functions outside his consular district.
Article 7
Exercise of consular functions in a third State
The sending State may, after notifying the States concerned, entrust a consular post established in a particular State with the exercise of consular functions in another State, unless there is express is objection by one of the States concerned.
Article 8
Exercise of consular functions on behalf of a third State
Article 9
Classes of Heads of Consular Posts
1. Heads of consular posts are divided in-to four classes, namely -
(a) consuls-general;
(b) consuls;
(c) vice-consuls;
(d) consular agents.
Article 10
Appointment and Admission of Heads of Consular Posts
Article 11
The Consular Commission or Notification of Appointment
Article 12
The exequatur
Article 13
Provisional admission of heads of consular posts
Pending delivery of the exequatur, the head of a consular post may be admitted on a provisional basis to the exercise of his functions. In that case, the provisions of the present Convention shall apply.
Article 14
Notification to the authorities of the consular district
As soon as the head of a consular post is admitted even provisionally to the exercise of his function, the receiving State shall immediately notify the competent authorities of the consular district. It shall also ensure that the necessary measures are taken to enable the head of a consular post to carry out the duties of his office and to have the benefit of the provisions of the present Convention.
Article 15
Temporary exercise of the functions of the head of a consular post
Article 16
Precedence as between heads of consular posts
Article 17
Performance of diplomatic acts by consular officers
Article 18
Appointment of the same person by two or more States as a consular officer
Two or more States may, with the consent of the receiving State, appoint the same person as a consular officer in that State.
Article 19
Appointment of members of consular staff
Article 20
Size of the consular staff
In the absence of an express agreement as to the size of the consular staff, the receiving State may require that the size of the staff be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the consular district and to the needs of the particular consular post.
Article 21
Precedence as between consular officers of a consular post
The order of precedence as between the consular officers of a consular post and any change thereof shall be notified by the diplomatic mission of the sending State or, if that State has no such mission in the receiving State, by the head of the consular post, to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.
Article 22
Nationality of consular officers
1. Consular officers should, in principle, have the nationality of the sending State.
Article 23
Persons declared non grata
Article 24
Notification to the receiving State of appointments, arrivals and departures
(a) the appointment of members of a consular post, their arrival after appointment to the consular post, their final departure or the termination of their functions and any other changes affecting their status that may occur in the course of their service with the consular post;
(b) the arrival and final departure of a person belonging to the family of a member of a consular post forming part of his household and, where appropriate, the fact that a person becomes or ceases to be such a member of the family;
(c) the arrival and final departure of members of the private staff and, where appropriate, the termination of their service as such;
(d) the engagement and discharge of persons resident in the receiving State as members of a consular post or as members of the private staff entitled to privileges and immunities.
2. When possible, prior notification of arrival and final departure shall also be given.
SECTION II
END OF CONSULAR FUNCTIONS
Article 25
Termination of the functions of a member of a consular post
The functions of a member of a consular post shall come to an end inter alia:
(a) on notification by the sending State to the receiving State that his functions have come to an end;
(b) on withdrawal of the exequatur;
(c) on notification by the receiving State to the sending State that the receiving State has ceased to consider him as a member of the consular staff.
Article 26
Departure from the territory of the receiving State
The receiving State shall, even in case of armed conflict, grant to members of the consular post and members of the private staff, other than nationals of the receiving State, and to members of their families forming part of their households irrespective of nationality, the necessary time and facilities to enable them to prepare their departure and to leave at the earliest possible moment after the termination of the functions of the members concerned. In particular, it shall, in case of need, place at their disposal the necessary means of transport for themselves and their property other than property acquired in the receiving State the export of which is prohibited at the time of departure.
Article 27
Protection of consular premises and archives and of the interests
of the sending State in exceptional circumstances
1. In the event of the severance of consular relations between two States:
(a) the receiving State shall, even in the case of armed conflict, respect and protect the consular premises, together with the property of the consular post and the consular archives;
(b) the sending State may entrust the custody of the consular premises, together with the property contained therein and the consular 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.
(a) if the sending State, although not represented in the receiving State by a diplomatic mission, has another consular post in the territory of that State, that consular post may be entrusted with the custody of the premises of the consular post which has been closed, together with the property contained therein and the consular archives, and, with the consent of the receiving State, with the exercise of consular functions in the district of that consular post; or
(b) if the sending State has no diplomatic mission and no other consular post in the receiving State, the provisions of subparagraphs (b) and (c) of paragraph 1 of this Article shall apply.
CHAPTER II
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST
SECTION I
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING
TO A CONSULAR POST
Article 28
Facilities for the work of the consular post
The receiving State shall accord full facilities for the performance of the functions of the consular post.
Article 29
Use of national flag and coat of arms
Article 30
Accommodation
Article 31
Inviolability of the consular premises
1. Consular premises shall be inviolable to the extent provided in this Article.
Article 32
Exemption from taxation of consular premises
Article 33
Inviolability of the consular archives and document
The consular archives and documents shall be inviolable at all times and wherever they may be.
Article 34
Freedom of movement
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 freedom of movement and travel in its territory to all members of the consular post.
Article 35
Freedom of communication
Article 36
Communication and contact with nationals of the sending State
(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;
(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall also be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;
(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.
Article 37
Information in cases of deaths, guardianship or trusteeship,
wrecks and air accidents
If the relevant information is available to the competent authorities of the receiving State, such authorities shall have the duty:
(a) in the case of the death of a national of the sending State, to inform without delay the consular post in whose district the death occurred;
(b) to inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a national of the sending State. The giving of this information shall, however, be without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments;
(c) if a vessel, having the nationality of the sending State, is wrecked or runs aground in the territorial sea or internal waters of the receiving State, or if an aircraft registered in the sending State suffers an accident on the territory of the receiving State, to inform without delay the consular post nearest to the scene of the occurrence.
Article 38
Communication with the authorities of the receiving State
In the exercise of their functions, consular officers may address:
(a) the competent local authorities of their consular district;
(b) the competent central authorities of the receiving State if and to the extent that this is allowed by the laws, regulations and usages of the receiving State or by the relevant international agreements.
Article 39
Consular fees and charges
SECTION III
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO CAREER CONSULAR OFFICERS AND OTHER MEMBERS OF A CONSULAR POST
Article 40
Protection of consular officers
The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their persons, freedom or dignity.
Article 41
Personal inviolability of consular officers
Article 42
Notification of arrest, detention or prosecution
In the event of the arrest or detention, pending trial, of a member of the consular staff, or of criminal proceedings being instituted against him, the receiving State promptly notify the head of the consular post. Should the latter be himself the object of any such measure, the receiving State shall notify the sending State through the diplomatic channel.
Article 43
Immunity from jurisdiction
(a) arising out of a contract concluded by a consular officer or a consular employee in which he did not contract expressly or impliedly as an agent of the sending State; or
(b) by a third party for damage arising from an accident in the receiving State caused by a vehicle, vessel or aircraft.
Article 44
Liability to give evidence
Article 45
Waiver of privileges and immunities
Article 46
Exemption from registration of aliens and residence permits
Article 47
Exemption from work permits
Article 48
Social security exemption
(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 are in force in the sending State or a third State.
Article 49
Exemption from taxation
(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;
(b) dues or taxes on private immovable property situated in the territory of the receiving State, subject to the provisions of Article 32;
(c) estate, succession or inheritance duties, and duties on transfers, levied by the receiving State, subject to the provisions of paragraph (b) of Article 51;
(d) dues and taxes on private income, including capital gains, having its source in the receiving State and capital taxes relating to investments made in commercial or financial undertakings in the receiving State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duties, subject to the provisions of Article 32.
Article 50
Exemption from customs duties and inspection
(a) articles for the official use of the consular post;
(b) articles for the personal use of a consular officer or members of his family forming part of his household, including articles intended for his establishment. The articles intended for consumption shall not exceed the quantities necessary for direct utilisation by the persons concerned.
Article 51
Estate of a member of the consular post or of a member of his family
In the event of the death of a member 'of the consular post or of a member of his family forming part of his household, the receiving State:
(a) shall permit the export of the movable property of the deceased, with the exception of any such property acquired in the receiving State the export of which was prohibited at the time of his death;
(b) shall not levy national, regional or municipal estate, succession or inheritance duties, and duties on transfers, on movable property the presence of which in the receiving State was due solely to the presence in that State of the deceased as a member of the consular post or as a member of the family of a member of the consular post.
Article 52
Exemption from personal services and contributions
The receiving State shall exempt members of the consular post and members of their families forming part of their households 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.
Article 53
Beginning and end of consular privileges and immunities
Article 54
Obligations of third States
Article 55
Respect of the laws and regulations of the receiving State
Article 56
Insurance against third party risks
Members of the consular post shall comply with any requirement imposed by the laws and regulations of the receiving State in respect of insurance against third party risks arising from the use of any vehicle, vessel or aircraft.
Article 57
Special provisions concerning private gainful occupation
2. Privileges and immunities provided in this Chapter shall not be accorded:
(a) to consular employees or to members of the service staff who carry on any private gainful occupation in the receiving State;
(b) to members of the family of a person referred to in subparagraph (a) of this paragraph or to members of his private staff;
(c) to members of the family of a member of a consular post who themselves carry on any private gainful occupation in the receiving State.
CHAPTER III
REGIME RELATING TO HONORARY CONSULAR OFFICERS AND CONSULAR POSTS HEADED BY SUCH OFFICERS
Article 58
General provisions relating to facilities, privileges and immunities
Article 59
Protection of the consular premises
The receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.
Article 60
Exemption from taxation of consular premises
Article 61
Inviolability of consular archives and documents
The consular archives and documents of a consular post headed by an honorary consular officer shall be inviolable at all times and wherever they may be, provided that they are kept separate from other papers and documents and, in particular, from the private correspondence of the head of a consular post and of any person working with him, and from the materials, books or documents relating to their profession or trade.
Article 62
Exemption from customs duties
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 the following articles, provided that they are for the official use of a consular post headed by an honorary consular officer: coats-of-arms, flags, signboards, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending State to the consular post.
Article 63
Criminal proceedings
If criminal proceedings instituted against an honorary consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible. When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay.
Article 64
Protection of honorary consular officers
The receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position.
Article 65
Exemption from registration of aliens and residence permits
Honorary consular officers, with the exception of those who carry on for personal profit any professional or commercial activity in the receiving State, shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits.
Article 66
Exemption from taxation
An honorary consular officer shall be exempt from all dues and taxes on the remuneration and emoluments which he receives from the sending State in respect of the exercise of consular functions.
Article 67
Exemption from personal services and contributions
The receiving State shall exempt honorary consular officers from all personal services and from all public services of any kind whatsoever and from military obligations such as those connected with requisitioning, military contributions and billeting.
Article 68
Optional character of the institution of honorary consular officers
Each State is free to decide whether it will appoint or receive honorary consular officers.
CHAPTER IV
GENERAL PROVISIONS
Article 69
Consular agents who are not heads of consular posts
Article 70
Exercise of consular functions by diplomatic missions
(a) the local authorities of the consular district;
(b) the central authorities of the receiving State if this is allowed by the laws, regulations and usages of the receiving State or by relevant international agreements.
Article 71
Nationals or permanent residents of the receiving State
Article 72
Non-discrimination
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 consular posts 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.
Article 73
Relationship between the present Convention
and other international agreements
CHAPTER V
FINAL PROVISIONS
Article 74
Signature
The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialised 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 1963 at the Federal Ministry for Foreign Affairs of the Republic of Austria and subsequently, until 31 March 1964, at the United Nations Headquarters in New York.
Article 75
Ratification
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 76
Accession
The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in Article 74. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 77
Entry into force
Article 78
Notifications by the Secretary-General
The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mentioned in Article 74:
(a) of signatures to the present Convention and of the deposit of instruments of ratification or accession, in accordance with Articles 74, 75 and 76;
(b) of the date on which the present Convention will enter into force, in accordance with Article 77.
Article 79
Authentic texts
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 74.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their respective Governments, have signed the present Convention.
DONE AT VIENNA, this twenty-fourth day of April, one thousand nine hundred and sixty-three.
OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON CONSULAR RELATIONS CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES DONE AT VIENNA, ON 24 APRIL 1963
The States Parties to the present Protocol and to the Vienna Convention on Consular Relations, hereinafter referred to as "the Convention", adopted by the United Nations Conference held at Vienna from 4 March to 22 April 1963;
Expressing their wish to resort in all matters concerning them in respect of any dispute arising out of the interpretation or application of the Convention to the compulsory jurisdiction of the International Court of Justice, unless some other form of settlement has been agreed upon by the parties within a reasonable period.
Have agreed as follows:
Article 1
Disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice and may accordingly be brought before the Court by an application made by any party to the dispute being a Party to the present Protocol.
Article 2
The parties may agree, within a period of two months after one party has notified its opinion to the other that a dispute exists, to resort not to the International Court of Justice but to an arbitral tribunal. After the expiry of the said period, either party may bring the dispute before the Court by an application.
Article 3
Article 4
States Parties to the Convention, to the Optional Protocol concerning Acquisition of Nationality, and to the present Protocol may at any time declare that they will extend the provisions of the present Protocol to disputes arising out of the interpretation or application of the Optional Protocol concerning Acquisition of Nationality. Such declarations shall be notified to the Secretary-General of the United Nations.
Article 5
The present Protocol shall be open for signature by all States which may become Parties to the Convention as follows: until 31 October 1963 at the Federal Ministry for Foreign Affairs of the Republic of Austria and, subsequently, until 31 March 1964, at the United Nations Headquarters in New York.
Article 6
The present Protocol is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 7
The present Protocol shall remain open for accession by all States which may become Parties to the Convention. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 8
Article 9
The Secretary-General of the United Nations shall inform all States which may become Parties to the Convention:
(a) of signatures to the present Protocol and of the deposit of instruments of ratification or accession, in accordance with Articles 5, 6 and 7;
(b) of declarations made in accordance with Article 4 of the present Protocol;
(c) of the date on which the present Protocol will enter into force, in accordance with Article 8.
Article 10
The original of the present Protocol, 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 referred to in Article 5.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised thereto by their respective Governments, have signed the present Protocol.
DONE at Vienna, this twenty-fourth day of April, one thousand nine hundred and sixty-three.
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SCHEDULE 2
(section 2)
Articles of Convention having the force of law in Vanuatu.
Article 1
Article 5
Article 15
Article 17
Article 31 paragraphs 1, 2 and 4
Article 32
Article 33
Article 35
Article 39
Article 41 paragraphs 1 and 2
Article 43
Article 44
Article 45
Article 48
Article 49
Article 50
Article 51
Article 52
Article 53
Article 54
Article 55 paragraphs 2 and 3
Article 57 paragraph 2
Article 58 paragraphs 1, 2 and 3
Article 60
Article 61
Article 62
Article 66
Article 67
Article 70 paragraphs 1, 2 and 4
Article 71
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