7. Право внешних сношений. Привилегии и иммунитеты дипломатических агентов

International customary law grants a host of privileges and immunities to diplomatic agents. They are laid down in the VCDR, Articles 29-39.

Personal immunities accorded to diplomatic agents comprise the following:

• Personal inviolability. Immunity from arrest and detention. If a diplomatic agent engages in criminal activity, the host State may notify the sending State that he or she is persona non grata .

• Immunity from criminal jurisdiction.

• Immunity from civil and administrative jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a) 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;

(b) 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;

(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

• A diplomatic agent is not obliged to give evidence as a witness.

• The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.

However, diplomatic agents are not exempt from administrative or civil proceedings whenever they voluntarily submit to jurisdiction; for instance, after initiating proceedings before a local court, thus waiving their right to immunity from jurisdiction.

• Inviolability of the diplomatic agent’s private residence, papers, correspondence, and property.

1. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.

2. His papers, correspondence and his property, shall likewise enjoy inviolability.

• Exemption from all dues and taxes, personal or real, national, regional, or municipal.

(a) indirect taxes of a kind which are normally incorporated in the price of goods or services;

(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;

By way of quid pro quo for the enjoyment of privileges and immunities, members of diplomatic missions owe certain duties towards the receiving State. These are:

(a) the duty to respect the laws and regulations of the receiving State;

(b) the duty not to interfere in the internal affairs of the receiving State;

(c) all official business of the communication by the mission with the receiving State should be through the Ministry of Foreign Affairs of the receiving State, or with such other ministries as may be agreed;

(d) the premises of the mission must be not be used in any manner incompatible with the functions of the mission;

(e) a diplomatic agent must not carry out any professional or commercial activity for personal profit in the receiving.