On signing the Convention on the Legal Status of Delegations Sent to the Member States of the Commonwealth of Independent States
Decree of the President of the Republic of Kazakhstan dated July 10, 2024 No. 596
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. To approve the attached draft Convention on the Legal Status of delegations sent to the Member States of the Commonwealth of Independent States.
2. To sign on behalf of the Republic of Kazakhstan the Convention on the Legal Status of Delegations Sent to the member States of the Commonwealth of Independent States.
3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on July 10, 2024 No. 596
Project
Convention on the Legal Status of delegations sent to the Member States of the Commonwealth of Independent States
The States Parties to this Convention, hereinafter referred to as the Parties,
Taking into account the goals and principles of the Charter of the Commonwealth of Independent States concerning the sovereign equality of all Member States of the Commonwealth of Independent States, strengthening relations of friendship, good-neighborliness, interethnic harmony, trust and mutual understanding,
Considering that the Convention on the Legal Status of Delegations Sent to the Member States of the Commonwealth of Independent States will contribute to the development of friendly international cooperation and mutually beneficial cooperation between the Member States of the Commonwealth of Independent States,
Aware that privileges and immunities related to the delegations of the member States of the Commonwealth of Independent States (hereinafter referred to as the Commonwealth) are provided not for the benefit of individuals, but to ensure the effective performance of the tasks facing the delegations,
Affirming that the rules of customary international law continue to regulate matters not provided for by the provisions of this Convention,
have agreed on the following:
General provisions
Article 1 Terms used
For the purposes of this Convention, the following terms mean:
a) delegation - a temporary delegation representing a State sent by one State to another to conduct negotiations, meetings, consultations with this or a third State, or to perform certain tasks, as well as to participate in Commonwealth events;
b) diplomatic mission - a diplomatic mission within the meaning of the Vienna Convention on Diplomatic Relations of April 18, 1961;
c) consular post - any consulate general, consulate, vice-consulate or consular agency within the meaning of the Vienna Convention on Consular Relations of April 24, 1963;
d) head of delegation - a person who is charged by the sending State with the duty to act in this capacity.;
e) a member of a delegation is any person who has been endowed with this quality by the sending State;
f) body of the Commonwealth - an authorized or other body of the Commonwealth;
g) Commonwealth event - any event, such as: a summit and high-level meeting, an international conference, a cultural or other event that is held within the Commonwealth or under the auspices of the Commonwealth, as well as a session or meeting of the Commonwealth body;
h) official correspondence - all correspondence related to the delegation and its functions.
Article 2 Sending a delegation to another State
1. A State shall send a delegation to another State with the consent of the latter, previously obtained through diplomatic or other agreed channels.
2. When sending a delegation to participate in a Commonwealth event, the sending State, in accordance with article 7 of this Convention, notifies the relevant body of the Commonwealth. The consent of the receiving State is not required.
Article 3The absence of diplomatic or consular relations
The presence of diplomatic or consular relations is not necessary for sending or receiving a delegation. The severance of diplomatic or consular relations between the sending State and the receiving State does not in itself entail the termination of the activities and status of the delegations existing at the time of the severance of relations.
Article 4 Appointment of members of delegations
1. With the exceptions provided for in Article 6 of this Convention, the sending State may, at its discretion, appoint members of the delegation, having previously informed the receiving State, and in the case of sending a delegation to participate in the work of a Commonwealth body, that body, as well as the receiving State, of all necessary information on the size and composition of the delegation, in particular the names and positions of persons who it intends to appoint.
2. The receiving State may, without giving reasons, disagree with the participation of any person as a member of the delegation.
3. The provisions of paragraph 2 of this Article shall not apply to a delegation participating in Commonwealth events.
Article 5 Composition of the delegation
1. A delegation may consist of one or more members of the delegation, one of whom may be appointed by the sending State as head of delegation.
2. When an employee of a diplomatic mission or an employee of a consular post located in the receiving State is included in a delegation, he or she shall, in addition to the privileges and immunities granted by this Convention, retain his or her privileges and immunities as an employee of a diplomatic mission or an employee of a consular post.
Article 6 Citizenship
1. Members of a delegation must be nationals of the sending State, except as provided for in paragraph 2 of this article.
2. In the absence of objections from the receiving State, its citizens, third-country nationals or stateless persons may be appointed to the delegation of the sending State. The receiving State may at any time send an objection to the sending State.
Article 7 Notifications
1. The Ministry of Foreign Affairs or other body of the receiving State, in respect of which there is a corresponding agreement, shall, as far as possible, be notified in advance by diplomatic correspondence of:
(a) The composition of the delegation and any subsequent changes;
b) arrival and final departure of the members of the delegation and termination of their functions in the delegation;
c) the appointment and exclusion of persons who are citizens of the host State or permanently residing in it as members of the delegation;
d) appointment of the head of the delegation and his deputies;
e) the location of the premises enjoying inviolability in accordance with articles 13 and 14 of this Convention, as well as all the data necessary to identify such premises.
2. If a delegation is sent to participate in the work of a Commonwealth body, a similar notification must be sent to the chairman of that body or to its secretariat, as well as to the Ministry of Foreign Affairs or another body of the host State, in respect of which there is a corresponding agreement.
Article 8 Persons declared persona non grata or unacceptable
1. The receiving State may at any time, without being obliged to give reasons for its decision, notify the sending State that any member of the delegation is persona non grata or an unacceptable person. In such a case, the sending State must accordingly recall the person concerned or terminate his functions in the delegation.
2. If the sending State refuses to fulfill or does not fulfill its obligations provided for in paragraph 1 of this article within the time limit set by the receiving State, the receiving State may refuse to recognize this person as a member of the delegation.
Article 9 Authority of the receiving State with which official business is conducted
l. Bce official business with the host State, entrusted to the delegation by the sending State, is conducted with the Ministry of Foreign Affairs or through this Ministry, or with another body of the host State, in respect of which there is an agreement.
2. If a delegation participates in the work of a Commonwealth body, all official business is conducted with that body through its head (chairman) or an official of the Commonwealth authorized by the body.
Article 10 Delegation's right to use the flag and emblem of the sending State
1. If a delegation is headed by one of the persons referred to in article 11, it may use the flag and emblem of the sending State on the premises occupied by the delegation, as well as its vehicles, when they are used for official purposes.
2. When exercising the right provided for in paragraph 1 of this article, the laws, regulations and customs of the receiving State must be taken into account.
Privileges and immunities of members of delegations
Article 11 Status of the Head of State and persons of high rank
1. The head of the sending State, who heads a delegation, shall enjoy in the receiving State or a third State Party to this Convention the advantages, privileges and immunities recognized by international law for heads of State visiting another State on an official visit.
2. The Head of Government, the Minister of Foreign Affairs and other persons of high rank participating in the delegation of the sending State shall enjoy in the receiving State or a third State Party to this Convention, in addition to what is granted to them by virtue of this Convention, the advantages, privileges and immunities recognized by international law.
Article 12 General advantages
The host State shall provide the delegation with the facilities necessary to carry out its functions, taking into account the nature and objectives of the delegation.
Article 13 Warnings
1. The receiving State, if requested by the delegation, should assist it in finding and selecting the necessary facilities, as well as suitable living quarters for the members of the delegation.
2. The premises of the delegation should not be used for purposes incompatible with the functions of the delegation as understood in this Convention, in other norms of general international law or in any special agreements in force between the sending State and the receiving State.
Article 14proliferation of premises
1. The premises occupied by the delegation, including living quarters, furnishings and other property, as well as vehicles used by it for official purposes, shall enjoy immunity from search, requisition, arrest and enforcement actions.
2. The receiving State shall take the necessary measures to protect the premises occupied by the delegation in order to prevent intrusion, damage, disturbance of the peace of the delegation or insult to the dignity of its members.
Article 15 Freedom of movement
If this does not contradict the laws and regulations on zones where entry is prohibited or regulated for reasons of national security, the receiving State must ensure that all members of the delegation have freedom of movement and travel on its territory to the extent necessary to perform the functions of the delegation.
Article 16 Freedom of communication
1. The host State permits and protects the free communication of the delegation for all official purposes. When communicating with the Government of the sending State, its diplomatic missions, consular offices and other delegations or individual groups of the same delegation, wherever located, the delegation may use all appropriate means, including diplomatic mail, courier services and coded or encrypted dispatches.
2. The delegation's documents (including their electronic media) are inviolable at any time and regardless of their location. They must have visible external distinguishing marks.
3. The official correspondence of the delegation is inviolable.
4. The delegation's mail is not subject to opening or detention.
5. All places that make up the delegation's mail must have visible external signs indicating their nature, and they may contain only documents and items intended for the official use of the delegation.
6. The courier of the delegation, who must be provided with an official document indicating his status and the number of places that make up the mail, enjoys the protection of the receiving State in the performance of his duties. He enjoys personal inviolability and is not subject to arrest or detention in any form.
7. The sending State or delegation may appoint couriers ad hoc. In such cases, the provisions of paragraph 6 of this article shall also apply, with the exception that the immunities referred to therein shall terminate upon the delivery by the ad hoc courier of the mail assigned to him to the designated delegation.
8. The delegation's mail may be entrusted to the commander of a ship or civil aircraft heading to a port or airport where arrival is permitted. The commander must be provided with an official document indicating the number of places that make up the mail, but he is not considered the courier of the delegation. By agreement with the competent authorities, the delegation may send one of its members to receive mail directly and without hindrance from the commander of the ship or aircraft.
Article 17Privileges and immunities of members of delegations
1. Subject to the provisions of article 21 of this Convention, members of delegations in the performance of official functions and while traveling to the venue of events organized on the territory of the host State, including Commonwealth events, as well as while traveling from the host State:
(a) Enjoy immunity from personal arrest or detention, as well as from the jurisdiction of judicial and administrative authorities, in respect of all acts that may be committed by them in this capacity;
b) are exempt from restrictions on entry into and exit from the State of residence, registration as foreigners and obtaining a temporary residence permit.
2. The privileges and immunities enjoyed by members of delegations are granted to them not for personal gain, but for the effective, independent performance of their official functions in the interests of their State.
Article 18 Customs formalities
1. The receiving State, in accordance with international obligations and procedures established in its legislation, permits the import of items intended for the official use of the delegation, with exemption from customs and other charges levied by customs authorities.
2. The personal baggage of a member of a delegation shall be exempt from inspection if there are no serious grounds to assume that it contains items that are not subject to the exemptions referred to in paragraph 1 of this article, or items the import or export of which is prohibited by law or regulated by the quarantine regulations of the receiving State. Such an inspection should be carried out only in the presence of this person or his authorized representative.
Each of the Parties allows members of the delegation to import items intended for their personal needs, not related to business activities, with exemption from customs duties in accordance with the legislation of the receiving State.
Article 19 Citizens of the receiving State and persons permanently residing in the territory of the receiving State
A member of the delegation who is a national of the host State or permanently resides there enjoys only immunity from jurisdiction and inviolability in respect of official acts performed or committed by him in the performance of his functions.
Article 20 Waiver of immunity
1. The sending State may waive immunity from jurisdiction for a member of its delegation.
2. The refusal must always be explicit.
3. The initiation of a court case on the application of a member of the delegation deprives him of the right to invoke immunity from jurisdiction in respect of counterclaims directly related to the main claim.
4. Waiver of immunity and jurisdiction in respect of a civil or administrative case does not mean waiver of immunity in respect of the execution of a decision, which requires a special waiver.
Article 21 Duration of privileges and immunities
1. Each member of the delegation shall enjoy the privileges and immunities to which he is entitled from the moment he enters the territory of the host State for the purpose of exercising his functions in the delegation or, if he is already in that territory, from the moment when his appointment to the delegation is notified to the Ministry of Foreign Affairs or another body of the host State, in respect of which there is an agreement.
2. If the functions of a member of a delegation come to an end, his privileges and immunities formally terminate at the moment when he leaves the territory of the host State or after a reasonable period of time granted for this purpose, but until that time they continue to exist. In respect of acts committed by such a member of the delegation in the performance of his functions, immunity continues to exist without limitation of time.
Article 22The property of a member of the delegation in the event of his death
In the event of the death of a member of the delegation, if the deceased was not a citizen of the host State or did not permanently reside there, the host State must allow the export of the deceased's movable property, with the exception of all property that was acquired in that country and the export of which was prohibited at the time of his death.
Article 23 Respect for the legislation of the host State
Without prejudice to their privileges and immunities, all persons enjoying such privileges and immunities by virtue of this Convention are required to respect the laws of the host State. They are also obliged not to interfere in the internal affairs of this State.
Article 24 Non-discrimination
1. Discrimination between States shall not be permitted in the application of the provisions of this Convention.
2. However, discrimination is not considered to take place if:
(a) The receiving State applies restrictively any of the provisions of this Convention in view of the restrictive application of this provision to its delegation in the sending State;
b) States, by custom or agreement among themselves, have changed the scope of advantages, privileges and immunities for their delegations, although such a change does not apply to other States, provided that such a change would not be incompatible with the object and purpose of this Convention and does not affect the exercise by third States of their rights or the fulfillment of their obligations..
Final provisions
Article 25Cooperation with other international treaties
The provisions of this Convention do not affect the benefits, privileges and immunities granted to the delegations of the Parties to a larger extent in accordance with other international treaties to which the Parties are parties, international law, legislation and practice of States.
Article 26 Introduction of amendments
By agreement of the Parties, amendments may be made to this Convention, which are an integral part of it, which are formalized by the relevant protocols that enter into force in accordance with article 28 of this Convention.
Article 27 Dispute resolution
Disputes and disagreements related to the application or interpretation of the provisions of this Convention shall be resolved through consultations and negotiations between the Parties.
Article 28 Entry into force
1. This Convention shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.
2. For Parties that have completed domestic procedures later, this Convention shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.
Article 29 Connection
This Convention is open for accession by any member State of the Commonwealth of Independent States that shares its objectives and principles by submitting an instrument of accession to the depositary.
The Convention enters into force for the acceding State.:
(a) After 30 days from the date of receipt by the depositary of the instrument of accession, if the Convention has entered into force at the time of deposit of the instruments of accession with the depositary;
b) from the date of entry into force of the Convention, if the Convention has not entered into force at the time of deposit of the instruments of accession with the depositary.
Article 30 Withdrawal from the Convention
Each of the Parties has the right to withdraw from this Convention by notifying the depositary in writing.
The Convention shall terminate in respect of such a Party 6 months after the date of receipt by the depositary of the relevant notification.
Done in the city of 202 in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Convention.
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