Non-diplomatic staff of a mission who are not nationals or permanent residents of the state in which they are serving

Limited privileges and immunities

Members of visiting diplomatic missions

It is customary for states to grant privileges and immunities to visiting representatives of foreign states who, although not accredited as diplomatic agents to any state, are exercising quasi-diplomatic or representative functions. Within this category come Heads of State or their representatives whether on a state occasion or on an informal visit, members of arbitration tribunals and government delegates to conferences or congresses. The New York Convention on Special Missions has now been drawn up to regulate the privileges and immunities given to such temporary special missions sent with the agreement of the receiving state.

Members of the administrative and technical staff of a mission and members of their families forming part of their household (provided that they are not nationals or permanent residents of the state in which they are serving) are entitled to the full immunities given to a diplomatic agent except that immunity from civil and administrative jurisdiction does not extend to acts performed outside the course of their duty; and to full diplomatic privileges except that they are not exempt from the inspection of their luggage, and exemption from customs dues is limited to articles imported at the time of their arrival in the state to take up their appointment there; nor are they entitled to privileges and immunities while travelling through third states to take up an appointment, though such states are obliged not to hinder their passage.

Members of the domestic ('service‘) staff of a mission who are not nationals or permanent residents of the state in which they are serving are entitled to immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive in respect of their employment, and exemption from social security provisions in respect of their employment with a diplomatic mission provided that they are covered by the social security provisions of their own country.

Private servants of members of the diplomatic staff of a mission who are not nationals or permanent residents of the state in which they are serving are exempt from dues and taxes on the emoluments they receive in respect of their employment, but are not otherwise entitled to any privileges or immunities other than those that the host state may choose to grant; it is, however, bound to exercise its jurisdiction over them in such a manner as not to interfere unduly with the performance of the functions of the relevant mission.

Дата добавления: 2014-12-27