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diction shall continue to subsist without limitation of time. . . . prompt, adequate and effective compensation shall be paid to the send-
Art. 54. (1) If a consular officer passes through or is in the territory of ing State.
a third State, which has granted him a visa if a visa was necessary, while
proceeding to take up or return to his post or when returning to the It has been stated that the trend before 1948 was to grant
sending state, the thud State shall accord to him all immunities provided absolute consular immunity from military requisition and
for by the other Articles of the present Convention as may be required expropriation, irrespective of considerations of military
to ensure his transit or return. The same shall apply in the case of any defense or public utility. However, since World War 11,
member of his family forming part of his household enjoying such privi-
leges and immunities who are accompanying the consular officer or trav- there have been indications that expropriation or requisi-
elling separately to join him or to return to the sending State. tion of consular property may be permissible under condi-
(2) In circumstances similar to those spedied in paragraph 1 of this tions similar to those stated in Article 31. 39
Article, third States shall not hinder the transit through their territory of 5-18. The Scope of Consular Immunities. The scope of
other members of the consular post or of members of their families
forming part of their households. consular immunities is defined in the great majority of
(3) Third States shall accord to official correspondence and to other cases by bilateral agreement between the sending and
official communications in transit, including messages in code or cipher, receiving states. The Restatement, moreover, notes that
the same freedom and protection as the receiving State is bound to ac- limited immunities ". . . appear to have been accepted in
cord under the present Convention. They shall accord to consular the customary practice that has developed in connection
couriers who have been granted a visa, if a visa was necessary, and to
consular bags in transit, the same inviolability and protection as the with the performance of consular functions and in the
receiving State is bound to accord under the present Convention. limited number of cases that have arisen." 40 Section
(4) The obligations of third States under paragraphs 1,2 and 3 of this 81(1) accordingly lays down the rule that . . . "[a] consul-
Article shall also apply to the persons mentioned respectively in those ar officer or employee is immune from the exercise of ju-
paragraphs, and to official communications and to consular bags, whose risdiction by the receiving state to prescribe and enforce
presence in the territory of the third State is due to force mqieure. any rule of conduct to the extent that it interferes with the
Art. 55. (1) Without prejudice to their privileges and immunities, it is
the duty of all persons enjoying such privileges and immunities to performance of his official functions." In elaborating upon
respect the laws and regulations of the receiving State. They also have a the concept of "official functions," the Restatement in-
duty not to interfere in the internal affairs of that State.. . . vokes the analogy of diplomatic immunities, noting that
b. Article 17 of the convention provides that a consular while such functions are "determined in part by the law of
officer may be authorized to perform diplomatic acts with- the receiving state,'' subject to the limitation that essential
out affecting his consular status. Articles 3 and 70 deal functions such as communication with the sending state
with the performance of consular functions by diplomatic must not be hampered, the "permissible scope of official
personnel. Other omitted articles deal, inter alia, with the functions tends [in the absence of international agree-
appointment and admission of consular officers, the exe- ment] to be settled on a basis of reciprocity." 41
quatar (authorization from the receiving state admitting 5-19. Applicable U.S. Law. As noted in Anderson v.
the head of a consular post to the exercise of his func- Villela,42 all proceedings brought in the United States
tions), miscellaneous facilities and privileges to be granted against consuls or vice consuls of foreign states must be
by the receiving state, protocol matters, and the termina- (brought in the Federal District Courts. 43 The Supreme
tion of consular functions. Court has held, however, that divorce proceedings may
c. Inviolability of the consular premises is specifically be brought against consuls in the state courts. 44 AS a
spoken to in Article 31 of the Vienna Convention. result of the fact that the federal courts cannot enforce
state criminal law, consuls enjoy a de facto immunity from
Article 31
Inviolability of the Consular Premises criminal prosecution for violations of state law. 45
1. Consular premises shall be inviolable to the extent provided in this 5-20. Special Missions and Persons Assimilated to
Article. Diplomatic Status. a. With reference to personnel of spe-
2. The authorities of the receiving State shall not enter that part of cial missions, Restatement, section 82, states:
.the consular premises which is used exclusively for the purpose of the
work of the consular post except with the consent of the head of the An official representative of a foreign state, who has been received in
consular post or of his designee or of the head of the diplomatic mission a capacity that does not entitle him to the immunity of the state . . . or
of the sending State. The consent of the head of the consular post may, to diplomatic or consular immunity . . ., is immune from the exercise of
however, be assumed in case of fie or other disaster requiring prompt jurisdiction by the receiving state to prescribe or enforce any rule of con-
protective action. duct to the extent that it interferes with the performance of his official
3. Subject to the provisions of paragraph 2 of this Article, the receiv- functions.
ing State is under a special duty to take all appropriate steps to protect
the consular premises against any intrusion or damage and to prevent 39. L. Lee, Consular Law and Practice 283-84 (1961).
any disturbance of the peace of the consular post or impairment of its 40. Restatement (Second), supra note 2 at 5 81, Comment a.
dignity. 41. Id. at 5 81, Comment b.
4. The consular premises, their furnishings, the property of the con- 42. Page 5-17, supra.
sular post and its means of transport shall be immune from any form of 43. 28 U.S.C.A., 5 1351.
requisition for purposes of national defence or public utility. If ex- 44. Ohio ex rel. Popovici v. Agler, 280 U.S. 379, 50 S.Ct. 154
propriation is necessary for such purposes, all possible steps shall be (1930).
taken to avoid impeding the performance of consular functions, and 45. See 4 G. Hackworth, supra note 78 at 746-53.