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3 Other diplomatic acts

3.1. Agrement

When one government wishes to accredit an ambassador or a minister to another government, it is necessary that the appointee should be approved by the government of the country to which he is being assigned. It is customary, in order to avoid personal embarrassments, to sound a foreign government privately before making a formal l application for agrement.

Article 4 of the Vienna Convention on Diplomatic Relations provides:

"1 The sending State must make certain that the agrement of receiving State has been given for the person it proposes to accredit as head of the mission to that State.

2. The receiving State is not obliged to give reasons to the sending State for a refusal of agrement."

The sending state may, after it has given due notification to the receiving states concerned, accredit a head of mission or assign then member of the diplomatic staff, as the case may be, to more than one state, unless there is express objection by any of the receiving states.

It is only when the agrement is secured that the ambassador-designate should take steps to proceed to the receiving state. Even then he should move with leisurely dignity.

If he is a non-career diplomat, he will then discover that ambassadors do not start their jobs like ordinary mortals in less lofty walks of life. It is not good to book a seat on the first airplane to the foreign capital. In fact it is particularly undignified to appear too eager to get down to work. There is a certain stylized, slow-motion pace that must be observed. Several weeks are usually allowed to elapse before the announcement of the appointment and the departure.

There have been numerous cases of a refusal of agrement, the grounds ranging from the fact that the nomination was made suddenly and without previous notice of the facts that the proposed

envoy had made a speech critical of the receiving state, or the nominee had accorded ill treatment to the nationals of the receiving state.

It is not proper for one government to intimate in any way и another that the appointment of a particular person as ambassador would be agreeable to it.

Agreation should be distinguished from agrement in that the former is the process of determining whether the proposed envo­is acceptable to the receiving state, while the latter is the approval of the nomination by the receiving state.

EXHIBIT 69

APPLICATION

FOR AGREMENT

No.___

The Embassy of the Republic of Austria presents its compliments to the Ministry of Foreign Affairs of Moldova and with reference to the Austrian Embassy's Note No. . dated August 12, 19__regarding agreement to the appointment of Mr. ... as Ambassador Extraordinary and Plenipotentiary of the Republic of Austria to Moldova with residence in Moscow, has the honour to inform that the Government of the Republic of Austria has decided to establish an Embassy in Kishinev in the near future with a resident Ambassador in the city. This new decision therefore rescinds the previous arrangement requested for Mr ... .

In this connection, the Austrian Government requests the agrement from Moldova for Mr. ... as Ambassador of the Republic of Austria to Moldova with residence in Kishinev. The curriculum vitae of Mr.... is enclosed.

The Embassy of the Republic of Austria avails itself of this importunity to renew to the Ministry of Foreign Affairs of Moldova Hit; assurances of its highest consideration.

Moscow, October 19, 19 __

Ministry of Foreign Affairs

of Moldova

Kishinev

Attn.: the State Protocol Department, Ministry of Foreign Affairs