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45 Cards in this Set

  • Front
  • Back
The _________________________ is the person charged by the sending State with the duty of acting in that capacity;
“head of the mission”
The _____________________________are the head of the mission and the members of the staff of the mission;
“members of the mission”
The ____________________________________are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission;
“members of the staff of the mission”
The _______________________________” are the members of the staff of the mission having diplomatic rank;
“members of the diplomatic staff”
A ________________________is the head of the mission or a member of the diplomatic staff of the mission;
“diplomatic agent”
The ______________________________are the members of the staff of the mission employed in the administrative and technical service of the mission;
“members of the administrative and technical staff”
The __________________________________are the members of the staff of the mission in the domestic service of the mission;
“members of the service staff”
A ____________________________________is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State;
"private servant"
The ______________________________ are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.
“premises of the mission”
The establishment of diplomatic relations between States, and of permanent diplomatic missions,

takes place by _________________________________
mutual consent.
What are the functions of a diplomatic mission? (5)
(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;

(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.
The receiving state can agree or disagree upon the person that the sending state proposes to accredit as head of the mission to that state. The receiving State is not obliged to give reasons to the sending state for a refusal of ______________________
agrément.
If there is no objection from the receiving state, the sending state may (after given due notification) accredit _______________________________ or _____________________________________________
-head of mission
-assign any memeber of the diplomatic staff
What is the head of an "ad interim" diplomatic mission head called?
Chargé d'affaires
Two or more states may accredit the same person as head of mission to another state T/F?
True
Which attachés may be required their names beforehand to be submitted for approval?
military, naval or air attachés
How should the citizenship of the diplomatic staff of the mission be? (3)
1. In principle of the nationality of the sending state.
2. May not be from among persons having the nationality of the receiving state, except with the consent of that State.
3. May be nationals of a third state
The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is ________________________ or that any other member of the staff of the mission is not acceptable.
persona non grata
In the case of "persona non grata", what should the sending state do?
either:
-recall the person concerned
or
- terminate his functions with the mission.
What should the Ministry of the Foreign Affairs of the receiving State be NOTIFIED about with regards to thearrival and final departure of the members of the mission? (4)
1. Appointment of members of the mission, their arrival and final departure

2. The arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a person becomes or ceases to be a member of the family of a member of the mission;

3. The arrival and final departure of private servants of persons referred to

4. The engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities.
Who decides on the size of the mission?
Receiving State
When does the tenure of the head of the state start?
- when he has presented his credentials
or
- when he has notified his arrival and a true copy of his credentials has been presented to MfFA of the receiving state
What are the three classes of HEADS OF MISSION? (between which there is no differentiation as concerns precedence and etiquette)
(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 chargés d’affaires accredited to Ministers for Foreign Affairs.
What happens if the post of head of the mission is vacant or if the head of mission is unable to perform his functions?
a Chargé d'affaires ad interim shall be notified by:
- either by the head of the mission
- or by the Ministry for Foreign affairs of the sending state
to:
- the ministry for FA of the receiving state
What happens in cases where no member of the diplomatic staff of the mission is present in the receiving State?
a member of the administrative and technical staff may, with the consent of the receiving State, be designated by the sending State to be in charge of the current administrative affairs of the mission.
The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport. T/F
True
Which subsidiary facilitates the acquisition of premises necessary for its mission?
The receiving state.
What points are agreed upon in the Vienna Convention regarding the safety of the premises of mission? (3)
1 .Premises shall be inviolable and agents of the receiving state may not enter without the consent of the head of mission

2. Receiving State should take all the appropriate steps to protect the premises against any intrusion or damage

3. Premises, furnishings, property and means of transport are IMMUNE from search, requisition, attachment or execution.
The sending State and the head of the mission are not exempt from national, regional or municipal dues or taxes in respect of the premises of the mission, whether owned or leased, neither those such as represent payment for specific services rendered. T/F
False
The receiving state shall ensure to all members of the mission freedom of movement and travel in its territory, including the zones entry into which is prohibited or regulated for reasons of national security
False.
How is the freedom of communication between the mission and the sending state regulated?
- The receiving State shall permit and protect free communication on the part of the mission for all official purposes.
- Mission may use all appropriate means including couriers and messages in code or cipher
- HOWEVER, with the consent of the receiving state, the mission may install and use a WIRELESS TRANSMITTER ONLY.
The official correspondence of the mission shall be _____________. Official correspondence means all correspondence relating to the mission and its functions.
inviolable
The diplomatic bag shall not be opened or detained. T/F
True
What should a diplomatic bag be like?
- bear visible external marks of character
- may only contain diplomatic documents or articles intended for official use.
Who is the diplomatic courier protected by?
The receiving state
Who designates diplomatic couriers ad hoc?
The sending State
Which documents does a diplomatic couried carry?
- Diplomatic bag
- Document indicating the number of packages constituting the bag
What are the exemptions to the immunity of a diplomatic agent? (3)
a) A real action relating to the private immovable property situated in the territory of the receiving state

b) An action relating to the succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person

c) An action relating to any professional or commercial activity outside his official functions.
A diplomatic agent is obliged to give evidence as a witness. T/F
False
A diplomatic agent is also exempt from the jurisdiction of the sending state. T/F
False
The immunity from jurisdiction of diplomatic agents may be waived by the sending State. T/F
True
What are the exemptions to the taxation policy regarding the diplomatic agents? (6)
(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, subject to the provisions of
paragraph 4 of article 39;

(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, subject to the provisions of article 23.
Which articles are allowed for the diplomatic agents to have? (2)
(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.
The function of a diplomatic agent comes to an end, inter alia: (2)
(a) On notification by the sending State to the receiving State that the function of the diplomatic
agent has come to an end;

(b) On notification by the receiving State to the sending State that, in accordance with paragraph 2 of article 9, it refuses to recognize the diplomatic agent as a member of the mission.
Vienna Convention was signed at which date?
18 April 1961