Diplomatic Mission Consular Relations
Diplomatic Mission Consular Relations
Establishment. Diplomatic missions
are established by mutual consent.
(Vienna Convention on Diplomatic
Relations [DC], Art. 2)
Not same as establishing diplomatic
relations. A state may establish
diplomatic relations with another without
agreeing to establish a diplomatic
mission therein. It may likewise withdraw
a diplomatic mission without necessarily
severing diplomatic relations.
Organiza Members of the Mission
The following are the members of a
tion diplomatic mission:
1. Head of mission
a. That of ambassadors or nuncios
accredited to Heads of State, and
other heads of mission of equivalent
rank;
b. That of envoys, ministers and
internuncios accredited to Heads of
State;
c. That of chargs daffaires
accredited to Ministers for Foreign
Affairs.
2. Staff of the mission
a. Diplomatic staff staff having
diplomatic rank.
b. Administrative and technical staff
employed in the administrative and
technical staff of the mission. (e.g.
secretaries, receptionists)
c. Service staff employed in the
domestic service of the mission. (e.g.
driver, maid, security guards)
Diplomatic agents. This term refers
to the:
a. Head of mission; and
b. Members of the diplomatic staff.
The distinction is essential because they
are the only ones covered by diplomatic
immunities and privileges
Diplomatic Relations
Functions a) Representing the sending State in the
receiving State;
b) Protecting in the receiving State the
interests of the sending State and of its
nationals, within the limits permitted by
international law;
Establishment. Consular relations are
established by mutual consent. (Vienna
Convention on Consular Relations [CC],
Art. 2 [1])
Arises with diplomatic relations. -
Consent given to the establishment of
diplomatic relations between two States
implies, unless otherwise stated, consent
to the establishment of consular
relations. (CC, Art. 2 [2])
This makes the following possible:
Establishment of diplomatic relations
without consular relations, by express
declaration; and
Establishment of consular relations
initially, ahead or as a preliminary step
to diplomatic relations.
Members of the Post
The following are the members of a
consular post:
1. Heads of the post
a. Consuls=General
b. Consuls
c. Vice-Consuls
d. Consular agents (CC, Art. 9)
2. Staff of the post
a. Consular employees any person
employed in the administrative or
technical service of a consular post;
b. Members of the service staff
means any person employed in the
domestic service of a consular post.
Consular officers are of two categories,
Career consular officers; and
Honorary consular officers.
Consular Relations
Functions. Consular functions consist
in:
a) Protecting in the receiving State the
interests of the sending State and of its
nationals;
b) Furthering the development of
c) Negotiating with the Government of
the receiving State;
d) Ascertaining by all lawful means
conditions and developments in the
receiving State, and reporting thereon to
the Government of the sending State;
e) Promoting friendly relations between
the sending State and the receiving
State, and developing their economic,
cultural and scientific relations. (DC, Art.
3 [1])
Diplomatic missions may also perform
consular functions, (DC, Art. 3 [2]) which
are regulated by the Vienna Convention
on Consular Relations. (infra.) Consent of
a receiving state to the establishment of
diplomatic relations also implies the
establishment of consular relations. (CC,
Art. 2 [2])
The receiving state consents to the
commercial, economic, cultural and
scientific relations between the sending
State and the receiving State and
otherwise promoting friendly relations
between them;
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;
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 performing certain functions of an
administrative nature;
g) 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;
h) Representing or arranging appropriate
representation for nationals of the
sending State before the tribunals and
other authorities of the receiving State;
i) Transmitting judicial and extrajudicial
documents or executing letters rogatory
or commissions to take evidence for the
courts of the sending State;
j) Exercising rights of supervision and
inspection in respect of vessels having
the nationality of the sending State, and
of aircraft registered in that State, and in
respect of their crews, and extending
them assistance;
k) Performing any other functions
entrusted to a consular post. (CC, Art. 5,
paraphrased)
Consular officers may also perform
diplomatic functions or acts granted
these conditions:
The sending state has no diplomatic
mission in the receiving state;
The sending state is not represented
by a diplomatic mission of a third state
therein;
arrangement. (CC, Art. 17 [1])
Commencem Commencement of diplomatic
ent functions. The process with regard to
/ heads of mission is as follows:
Appointment 1. Initiation of agration [ah-gre-ya-
shawn] sending state inquires with
receiving state regarding the
acceptability of the head of mission
proposed to be accredited.
2. Issuance of the agrment [ah-gre-
mahnt] if the receiving state finds the
proposed head acceptable, the receiving
state issues an agrment (i.e. approval
given by the receiving state to the
proposed head.)
The receiving state may refuse
agrment, and is not obliged to give a
reason therefor.
Agrment may be withdrawn by the
receiving state only when the head of
mission is not yet present in its territory.
Once that threshold is crossed, it may:
Ask the receiving state of his
withdrawal; or
Declare him persona non grata.
3. Formal nomination and public
announcement the head of state
presents his diplomatic credentials (i.e.
authorization from the sending state) to
the
As to members of the staff of the
mission, the sending State may freely
appoint them. (DC, Art. 7)
Establishment. They may be
established in the territory of the
receiving State only with that States
consent. In particular, the following are
subject to the approval of the sending
state:
Seat of the consular post, and
subsequent changes thereto;
Opening of a vice-consulate or
consular agency in different consular
seat;
Opening of an office forming part of an
existing consular post elsewhere than at
the seat thereof. (CC, Art. 4)
Consular functions may also be
undertaken by a diplomatic mission. (CC,
Art. 3)
Appointment of heads of consular
posts.
1. Issuance of a consular commission
He is appointed by the sending state via
the issuance of a consular commission
a document which certifies to his official
capacity and indicates his full name,
category or class, consular district, and
the seat of his consular post. (CC, Art. 11
[1])
2. Transmission of consular commission
The consular commission is transmitted
to the receiving state for consideration.
(CC, Art. 11 [2])
3. Issuance of exequatur If the
receiving state is in agreement, it shall
issue an exequatur an authorization
from the receiving state by which the
head of a consular post is admitted to
the exercise of consular functions. (CC,
Art. 12 [1])
A receiving state may refuse to issue an
exequatur, and is under no obligation to
explain itself. (CC, Art. 12 [2])
The exequatur covers the members of
the consular staff working under the
heads orders and responsibility. But the
receiving state may nonetheless require
an exequatur for consular staff if it
wishes. (CC, Art. 19 [1])
A head is not allowed to exercise
consular functions without an exequatur.
There are, however two exceptions to
this rule:
Admission on a provisional basis,
pending delivery of the exequatur; (CC,
 Art. 13)
Appointment of an acting head of the
consular post, in the event that the head
can no longer discharge his functions or
in case of vacancy. (CC, Art. 15)

Appointment of the consular staff.

Cessation Functions of a diplomatic agent come to
end:
1. On notification by the sending state to
the receiving state that his function has
ended. (DC, Art. 43)
2. On notification by the receiving state
to the sending state that the agent has
been declared persona non grata and
the receiving state refuses to recognize
him as a member of the mission. (ibid.)
Persona non grata Literally, an
unwelcome person; a receiving
state may declare a diplomatic
agent or other staff member as
such at any time, without any
obligation to explain its decision.
(DC, Art. 9)
--The sending state has the
duty to either (1) recall the
person concerned or (2)
terminate his services in the
mission.
-- Failing at this, the
receiving state may refuse to
recognize the person as a
member of the mission.
3. Death of the diplomatic agent; and
4. Severance of diplomatic relations,
resulting in permanent or temporary
recall of the mission.
The sending state may freely appoint the
members of the consular staff.
Cessation of consular functions.
Functions of a consular agent come to
end:
1. On notification by the sending state to
the receiving state that his function has
ended. (CC, Art. 25)
2. On notification by the receiving state
to the sending state that the officer or
staff member has been declared persona
non grata and the receiving state refuses
to recognize him as a member of the
mission. (CC, Art. 23)
The sending state has the duty to either
(1) recall the person concerned or (2)
terminate his services in the post. (ibid.)
Failing at this, the receiving state may
(1) withdraw the exequatur or (2) cease
to consider the person as a member of
the consular staff. (CC, Art. 23 [2])
3. On withdrawal of the exequatur; (CC,
Art. 25 [b])
4. 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; (CC, Art.
25 [c])
5. Closure of the consulate;
6. Death of the consular staff member;
and
7. Severance of consular relations,
resulting in permanent or temporary
recall of the post.

Immunities and Privileges

Premises Inviolability of the diplomatic Inviolability of the consular
premises. The diplomatic premises premises. The consular premises are
consist of: the buildings or parts of buildings and
Buildings or parts of buildings the land ancillary thereto, irrespective of
and the land ancillary thereto, ownership, used exclusively for the
irrespective of ownership, used purposes of the consular post. (CC, Art. 1
for the purposes of the mission; [1j])
and Consular premises are inviolable to the
The residence of the head of the extent of the following: (CC, Art. 33 [1])
mission; (DC, Art. 1 [i]) 1. The authorities of the receiving State
shall not enter that part of the consular
The premises of the mission shall be
inviolable. It consists of three elements:
1. The agents of the receiving state
may not enter them, except with the
consent of the head of the mission.
(DC, Art. 22 [1])
-- No legal writ may be served
inside without consent.
2. Special duty of the receiving state
to take all appropriate steps to
protect the premises of the mission
against any intrusion or damage and
to prevent any disturbance of the
peace of the mission or impairment
of its dignity. (DC, Art. 22 [2])
3. The premises of the mission, their
furnishings and other property
thereon and the means of transport
of the mission shall be immune from
search, requisition, attachment or
execution. (DC, Art. 22 [3])
o Continues even if diplomatic ties
are severed, and even in times
of armed conflict (DC, Art. 45
[a])
o Extends to archives and
documents of the mission,
wherever they may be (DC, Art.
24)
o Extends to all official
correspondence relating to the
diplomatic mission (DC, Art. 27
[2])
o Extends to the private
residences of diplomatic agents
(DC, Art. 30 [1])
premises which is used exclusively for
the purpose of the work of the consular
post
Except with the consent of the head of
the consular post or of his designee or of
the head of the diplomatic mission of the
sending State.
Such consent may be assumed in case
of fire or other disaster requiring prompt
protective action. (CC, Art. 33 [2])
2. The receiving State is under a special
duty to take all appropriate steps to
protect the consular premises against
any intrusion or damage and to prevent
any disturbance of the peace of the
consular post or impairment of its
dignity; (CC, Art. 33 [3])
This extends to the consular archives
and documents, wherever they may be.
(CC, Art. 33)
3. The consular premises, their
furnishings, the property of the consular
post and its means of transport shall be
immune from any form of requisition for
purposes of national defense or public
utility.
If expropriation is necessary for such
purposes, all possible steps shall be
taken to avoid impeding the
performance of consular functions, and
prompt, adequate and effective
compensation shall be paid to the
sending State. (CC, Art. 33[4])
Exemption from taxation of consular
premises. - Consular premises and the
residence of the career head of consular
post of which the sending State or any
person acting on its behalf is the owner
or lessee shall be exempt from all
national, regional or municipal dues and
taxes whatsoever other than such as
represent payment for specific services
rendered. (CC, Art. 32)
Immunity
from
Jurisdiction
*Immunity from Civil Actions exceptions:
i. A real action relating to private
immovable property situated in the
territory of the receiving State,
unless he holds it on behalf of the
sending State for the purposes of the
mission;
ii. An action relating to succession in
which the diplomatic agent is
involved as executor, administrator,
heir or legatee as a private person
and not on behalf of the sending
State;
iii. An action relating to any
professional or commercial activity
exercised by the diplomatic agent in
the receiving State outside his
functions. (DC, Art. 31 [1])
Personal Personal inviolability of the
inviolability diplomatic agent. The person of a
diplomatic agent shall be inviolable. He
shall not be liable to any form of arrest
or detention. The receiving State shall
treat him with due respect and shall take
Immunity from jurisdiction;
Functional immunity. Consular
officers and employees are immune from
the jurisdiction of administrative and
judicial authorities with respect to acts
performed in the exercise of consular
functions. (CC, Art. 43)
This exemption, however, does not apply
in the following civil cases:
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
By a third party for damage arising
from an accident in the receiving State
caused by a vehicle, vessel or aircraft.
(CC, Art.43)
This immunity from jurisdiction may be
waived by the sending state, by way of
express waiver. (CC, Art. 45 [1])
Personal inviolability of consular
officers. Consular officers enjoy the
following rights as to their personal
inviolability:
1. They are not liable to arrest or
detention pending trial;
 all appropriate steps to prevent any
attack on his person, freedom or dignity.
(DC, Art. 29)
This covers:
1. His private residence
2. Papers and correspondence;
3. Property, except for measures of
execution due to cases not covered by
the agents immunity from criminal and
civil jurisdiction of the receiving state.
(infra.) (DC, Art. 30)
Except in case of grave crime and
pursuant to a decision of a competent
judicial authority; (CC, Art. 41 [1])
2. They shall not be committed to prison
not be subject to any other form of
restriction to personal freedom;
Except in case of grave crime and
pursuant to a decision of a competent
judicial authority, or in the execution of a
final judicial decision. (CC, Art. 41 [2])

Period of The privileges and immunities shall be

enjoyment enjoyed:
FROM the moment he enters the
territory of the receiving State on
proceeding to take up his post or, if
already in its territory, from the moment
when his appointment is notified to the
Ministry for Foreign Affairs;
TO when he leaves the country after
the basis for his immunity ends.
o It subsists for a reasonable time even
after his functions end, up the time he
leaves the receiving state.
o But, with respect to acts performed by
such a person in the exercise of his
functions as a member of the mission,
immunity shall continue to subsist.

Immunity while in transit. - If a

diplomatic agent passes through or is in
the territory of a third State in the
process of:
proceeding to take up or to return to
his post; or
when returning to his own country,

Such third State shall accord him

inviolability and such other immunities
as may be required to ensure his transit
or return.
Other Exemption from social security
Exemptions: provisions. - Diplomatic agent shall
with respect to services rendered for the
sending State be exempt from social
security provisions which may be in force
in the receiving State. (DC, Art. 33)
Exemption from all dues and taxes.
A diplomatic agent shall be exempt
from all dues and taxes, personal or real,
national, regional or municipal, except:
a) Indirect taxes of a kind which are
normally incorporated in the price of
goods or services;
Exemption from certain
requirements of the receiving state.
Members of the consular post are
entitled to the following exemptions:
Registration of aliens and residence
permits; (CC, Art. 46 [1])
Work permits for employment of
foreign labor, with respect to services
rendered by them for the sending
state (CC, Art. 47 [1])
Social security provisions, with
respect to services rendered by them
for the sending state (CC, Art. 48 [1])
All dues and taxes, personal or real,
 b) Dues and taxes on private
immovable property situated in the
territory of the receiving State,
unless he holds it on behalf of the
sending State for the purposes of the
mission;
c) Estate, succession or inheritance
duties levied by the receiving State;
d) Dues and taxes on private income
having its source in the receiving
State and capital taxes on
investments made in commercial
undertakings in the receiving State;
e) Charges levied for specific
services rendered;
f) Registration, court or record fees,
mortgage dues and stamp duty, with
respect to immovable property; (DC,
Art. 34)
Exemption from personal services.
The receiving State shall exempt
diplomatic agents 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. (DC, Art. 35)
Exemption from customs duties and
related charges. - 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:
a) Articles for the official use of the
mission;
b) Articles for the personal use of a
diplomatic agent or members of his
family forming part of his household,
including articles intended for his
establishment. (DC, Art. 36 [1])
national, regional or municipal,
except: (CC, Art. 49 [1])
o Indirect taxes normally
incorporated in the price;
o Taxes or dues on private
immovable property in the
territory of the receiving state;
o Estate succession or
inheritance taxes and duties on
transfers;
o Taxes on private income,
including capital gains, and
investment income, and sourced
from the receiving state;
o Charges on specific services
rendered; and
o Registration, court or record
fees, mortgage dues, and stamp
duties in private transactions.
Customs duties and inspection;
All personal services, public services
of any kind, and military obligations.
(CC, Art. 52)
The above exemptions do not apply to
the following:
Consular employees and members
of the service staff who carry on
private gainful occupation in the
receiving state; (CC, Art. 57 [2a])
Members of the family of said
employees and staff members; (CC,
Art.57 [2b])
Members of the family of consular
post members who themselves carry
on private gainful occupation in the
receiving state; (CC, Art. 57 [2c])
Members of the family of honorary
consular officers; (CC, Art. 58 [3])
Members of the family of consular
employees in the consular posts
headed