Vienna Convention On Consular Relations - Key Provisions

Key Provisions

The treaty is an extensive document, containing 79 articles. Following is a basic overview of its key provisions. For a comprehensive enumeration of all articles, consult the original text.

  • Article 5. Thirteen functions of a consul are listed, including protecting in the receiving state the interests of the sending state and its nationals, as well as developing the commercial, economic, cultural, and scientific relations between the two countries.
  • Article 23. The host nation may at any time and for any reason declare a particular member of the consular staff to be persona non grata. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their consular immunity.
  • Article 31. The host nation may not enter the consular premises, and must protect the premises from intrusion or damage.
  • Article 35. Freedom of communication between the consul and their home country must be preserved. A consular bag must never be opened. A consular courier must never be detained.
  • Article 36. Foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest. If the detained foreign national so requests, the police must fax that notice to the embassy or consulate, which can then check up on the person. The notice to the consulate can be as simple as a fax, giving the person's name, the place of arrest, and, if possible, something about the reason for the arrest or detention.

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