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Cuasay, Daphnie J.

AB Political Science

DIPLOMATS CONSULS
Functions and Responsibilities Represents the sending State in the receiving Issuance of visa.
State. Mainly in the interest of commerce and
Protects the sending States interests and its navigation.
nationals in the receiving State, within the Protect nationals of the appointing State.
limitations of international law. Acting as notary and civil registrar and in
Negotiates with the government of the capacities of a similar kind, and performing
receiving State. certain functions of an administrative
Determines the conditions and developments nature.
in the receiving State, and makes report to Exercising rights of supervision and
the sending State. inspection provided for in the laws and
Promotes friendly relations between the regulations of the sending State in respect of
sending and the receiving State, and vessels having the nationality of the sending
develops their economic, cultural and State.
scientific relations.
Immunities Personal Inviolability; he shall not be liable Inviolability of archives; but not of the
to any form of arrest or detention, but can be premises where legal processes may be
arrested temporarily in case of urgent danger, served and arrest made.
as such when he commits an act of violence. Exemption from local jurisdiction; only for
Inviolability of premises and archives; the offenses committed in the discharge of
premises occupied by a diplomatic mission official function, but not other offenses
as well as the private residence, their except minor infractions.
furnishings, and the means of transport of the Exemption from testifying on official
mission of the diplomat are inviolable. The communications or on matters concerning
agents of the receiving State may not enter to consular functions.
without consent, except in extreme cases of
necessity.
Right of official communication; the right to Exemption from taxes, custom duties and
communicate with his government. military or jury service.
Herewith, diplomatic pouch and diplomatic
couriers are also inviolable. Note: Immunities and privileges are also
Immunity from local jurisdiction; immunity applicable to the members of the consular post,
of the diplomatic agent from criminal their families and private staff.
jurisdiction of the receiving State. He cannot
be arrested, prosecuted and punished for any
offense he may commit, except from local
law and unless his immunity is waived.
He also enjoys immunity from the civil and
administrative jurisdiction of the receiving
State.
Exemption from taxes and customs duties;
except to indirect taxes (price of goods and
services), dues and taxes on private
immovable property, inheritance taxes,
capital taxes on investments in commercial
ventures.
Exemption from all personal services and
military obligations.
Coverage of Immunities Privileges are enjoyed by the envoy from the Every member of the consular post shall
moment he enters the territory of the enjoy the privileges and immunities
receiving State, and shall cease only the provided in the present Convention from the
moment he leaves the country, or on expiry moment he enters the territory of the
of a mission. receiving State on proceeding to take up his
In transitu; immunity shall continue post or, if already in its territory, from the
indefinitely even when travelling through a moment when he enters on his duties with
third State on the way to or from the the consular post.
receiving State. Members of the family of a member of the
consular post forming part of his household
and members of his private staff shall
receive the privileges and immunities from
the date from which he enjoys privileges
and immunities from the date of their entry
into the territory of the receiving State or
from the date of their becoming a member
of such family or private staff whichever is
the latest.
When the functions of a member of the
consular post have come to an end.
In the event of the death of the consul, the
members of his family forming part of his
household shall continue to enjoy the
privileges and immunities accorded to them
until they leave the receiving State or until
the expiry of a reasonable period enabling
them to do so, whichever is the sooner.
Termination of Mission Death Withdrawal of the exequatur
Resignation Extinction of the State
Removal or abolition of office War
Recall by the sending State
Dismissal by the receiving State Note: Severance of consular relations does not
War between the receiving and sending State necessarily terminated diplomatic relations.
Extinction of State

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