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Duque, Florence Philippa Concepcion Year II Section A Bonus Paper 2 Diplomatic and Consular Privileges and Immunities

1) EMBASSY PREMISES AND PROPERTY (VCDR & VCCR) PRIVILEGES & IMMUNITIES Premises in general Furnishing and property in premises DIPLOMATIC Inviolable immune from search/requisition/attachment/exec ution [A22(1-2)] Inviolable immune from search/attachment/execution [A22(3)] CONSULAR Inviolable [A31(1)] Except: protective action [A31(2)] Immune from requisition for purposes of national defense or public utility Except: if necessary, then prompt/adequate/effec tive compensation [A31(4)] Exempt from national, regional or municipal taxes Except: payment for specific services rendered [A32(1)] Inviolable [A33] Inviolable [A35(2)] cannot be opened or detained captain of commercial aircraft may carry bag but is not considered diplomatic courier [A35(3),(7)]

Tax on premises of sending state/consular premises and residence of head of mission/head of consular post Archives and documents Official correspondence Diplomatic/consu lar bag

Exempt from any national, regional or municipal tax [A23(1)] Except: payment for specific service rendered

Inviolable [A24] Inviolable [A27(2)] Cannot be opened or detained for official use commercial aircraft captain may carry bag but is not considered a diplomatic courier [A27(3-4), (7)]

Diplomatic /consular courier

Fees and charges levied by mission Imported articles

Personal inviolability but ceases when diplomatic bag is delivered - Free from arrest or detention [A27(5-6)] Exempt from taxes [A28] Exempt from customs duties (for personal use of diplomat or official use) [A36(1)]

Personal inviolability; free from arrest; immunity ceases when diplomatic bag is delivered [A35(5)]

2) PERSONS, THEIR PROPERTY AND ACTIVITY As to the diplomat/consul DIPLOMATIC


inviolable; free from arrest; not obliged to give evidence as witness [A29, A31(2)] inviolable [A30(1-2)]

PRIVILEGES & IMMUNITIES OF Person Private residence, papers, correspondence & property Jurisdiction

CONSULAR
Officer: not liable to arrest or detention pending trial, except if grave crime and pursuant to court decision [A41(1-2)]

Criminal: inviolable; Civil/Administrative: inviolable except if (a) private immovable property, (b) succession case, (c) professional or commercial activity [A31(1), (3)]

Officer & Employee: not amenable to judicial or administrative jurisdiction for official acts, except if civil action for personal contract or damages due to vehicular accident [A43(1-2)] Members of consular post: can be a witness except on matters connected with official functions [A44(1),(3)] Member of Consular Post: subject to counterclaim in a case he/she initiated [A45(3)] sending State may waive in express form but separate waiver for execution needed [A45(1),(2),(5)]

Counterclaim Waiver of immunity Social security Taxes

liable if case initiated by diplomatic agent [A32(3)] sending State may waive in express form but separate waiver for execution needed [A32(1-2),(4)] private servants exempt in receiving State, provided that he/she is not a national/permanent resident of receiving State [A33(1-2)]

Exempt [A34] Except: a. Indirect taxes b. Tax on private immovable c. Inheritance duties

Exempt [A49(1)] Except: a. Indirect taxes b. Tax on private immovable c. Inheritance duties

Personal Services Wages of service staff

Except: on movable Except: on movable property of property of deceased member deceased member of mission [A39(4)] of mission [A51(b)] d. tax on private d. tax on private income and capital income and capital investments investments e. charges for specific e. charges for specific services services f. court, registration court, registration and and related legal related legal fees or duties fees or duties Exempt from obligation [A35] Exempt from tax [A49(2)]

As to members of the family, administrative and technical staff, service staff, etc. DIPLOMATIC Same as diplomatic agent with regard to A29-36 [A37(1)] Same as diplomatic agent with regard A29-35 and A36(1) exemption of imported articles at time of installation [A37(2)] [A37(3)] - immunity in respect of acts performed in course of their duties - exemption from taxes on emoluments re: employment; and - exemption on social security under A33 [A37(4)] - immunity and CONSULAR

PRIVILEGES & IMMUNITIES OF Family Members of administrative and technical staff not nationals of permanent resident of receiving state Members of service staff not nationals or permanent resident of receiving state

Private servants of member mission not

nationals or permanent resident of receiving state

Diplomatic agent, staff of mission and private servants who are nationals and permanent resident of receiving state

privileges only to the extent admitted by receiving State - exempt from taxes on emoluments re: employment As to diplomatic agent - immune only from jurisdiction and inviolability for official acts [A38(1)] As to Staff of Mission - privileges and immunities only to extent admitted by receiving state [A38(2)]