Act 636 Diplomatic Privileges Vienna Convention Act 1966 PDF
Act 636 Diplomatic Privileges Vienna Convention Act 1966 PDF
Act 636 Diplomatic Privileges Vienna Convention Act 1966 PDF
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LAWS OF MALAYSIA
Reprint
Act 636
Diplomatic privileges
(Vienna convention) Act
1966
Incorporating all amendments up to 1 January 2006
Published by
The Commissioner of Law revision, Malaysia
Under the Authority of the Revision of Laws Act 1968
in Collaboration with
Percetakan Nasional Malaysia Bhd
2006
Act 636
ARRANGEMENT OF SECTIONS
Section
Act 636
[9 December 1965]
2. *(Omitted).
3a. The provisions of this Act shall, to such extent and with such
modifications as the Yang di-Pertuan Agong may deem necessary,
*Note—This section refers to the Diplomatic and Consular Privileges Ordinance 1957
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[F.M. 53 of 1957] which has been repealed—see section 5 of ActHaida
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apply in respect of such body or political entity as he may by
*order published in the Gazette specify.
4. (1) If it appears to the Yang di-Pertuan Agong that the privileges
and immunities accorded to a mission of Malaysia in the territory
of any State, or to persons connected with that mission, are less
than those conferred by this Act on the mission of that State
or on persons connected with that mission, the Yang di-Pertuan
Agong may by an order published in the Gazette withdraw such
of the privileges and immunities so conferred from the mission
of that State or from such persons connected with it as appears
to him to be proper.
Evidence
8. The Yang di-Pertuan Agong may provide that any tax, charge,
duty or fee, imposed or collected under any written law in force
in Malaysia or in any constituent State in Malaysia or any part
thereof by the Government of Malaysia or of any such constituent
State or by any Municipality, Town Board or other public authority
in Malaysia, and payable by the Government
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a head of mission or by a member of the diplomatic staff of the
mission of that State, shall be remitted when, in the opinion of
the Yang di-Pertuan Agong, such remission should be granted by
reason of the treatment accorded to the Government of Malaysia
by that State.
(6) The Yang di-Pertuan Agong may make rules for the purpose
of carrying this section into effect.
Article 1
For the purpose of the present Convention, the following expressions shall
have the meanings hereunder assigned to them:
(a) the “head of the mission” is the person charged by the sending State
with the duty of acting in that capacity;
(b) the “members of the mission” are the head of the mission and the
members of the staff of the mission;
(c) the “members of the staff of the mission” are the members of the
diplomatic staff, of the administrative and technical staff and of the
service staff of the mission;
(d) the “members of the diplomatic staff” are the members of the staff
of the mission having diplomatic rank;
(e) a “diplomatic agent” is the head of the mission or a member of the
diplomatic staff of the mission;
(f) the “members of the administrative and technical staff” are the
members of the staff of the mission employed in the administrative
and technical service of the mission;
(g) the “members of the service staff” are the members of the staff of
the mission, in the domestic service of the mission;
(h) a “private servant” 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;
(i) the “premises of the mission” 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.
Article 22
2. The receiving State is under a special duty to take all appropriate steps
to protect the premises of the mission against any intrusion or damage and
to prevent any disturbance of the peace of the mission or impairment of its
dignity. Adam Haida & Co
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12 Laws of Malaysia Act 636
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3. The premises of the mission, their furnishings and other property thereon
and the means of transport of the mission shall be immune from search,
requisition, attachment or execution.
Article 23
1. The sending State and the head of the mission shall be exempt from all
national, regional or municipal dues and taxes in respect of the premises of
the mission, whether owned or leased, other than such as represent payment
for specific services rendered.
2. The exemption from taxation referred to in this Article shall not apply to
such dues and taxes payable under the law of the receiving State by persons
contracting with the sending State or the head of the mission.
Article 24
The archives and documents of the mission shall be inviolable at any time
and wherever they may be.
Article 27
4. The packages constituting the diplomatic bag must bear visible external
marks of their character and may contain only diplomatic documents or articles
intended for official use.
6. The sending State or the mission may designate diplomatic couriers ad hoc.
In such cases the provisions of paragraph 5 of this Article shall also apply,
except that the immunities therein mentioned shall cease to apply when such
a courier has delivered to the consignee the diplomatic bag in his charge.
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7. A diplomatic bag may be entrusted to the captain of a commercial aircraft
scheduled to land at an authorized port of entry. He shall be provided with
an official document indicating the number of packages constituting the bag
but he shall not be considered to be a diplomatic courier. The mission may
send one of its members to take possession of the diplomatic bag directly and
freely from the captain of the aircraft.
Article 28
The fees and charges levied by the mission in the course of its official
duties shall be exempt from all dues and taxes.
Article 29
Article 30
1. The private residence of a diplomatic agent shall enjoy the same inviolability
and protection as the premises of the mission.
Article 31
Article 32
Article 33
4. The exemption provided for in paragraphs 1 and 2 of this Article shall not
preclude voluntary participation in the social security system of the receiving
State provided that such participation is permitted by that State.
A diplomatic agent shall be exempt from all dues and taxes, personal or
real, national, regional or municipal, except:
(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 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 Article 23.
Article 35
The receiving State shall exempt diplomatic agents from all personal
services, from all public service of any kind whatsoever, and from military
obligations such as those connected with requisitioning, military contributions
and billeting.
Article 36
1. The receiving State shall, in accordance with such laws and regulations
as it may adopt, permit entry of and grant exemption from all customs duties,
taxes, and related charges other than charges for storage, cartage and similar
services, on:
(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.
3. Members of the service staff of the mission who are not nationals of or
permanently resident in the receiving State shall enjoy immunity in respect of
acts performed in the course of their duties, exemption from dues and taxes
and on the emoluments they receive by reason of their employment and the
exemption contained in Article 33.
4. Private servants of members of the mission shall, if they are not nationals
of or permanently resident in the receiving State, be exempt from dues and
taxes on the emoluments they receive by reason of their employment. In
other respects, they may enjoy privileges and immunities only to the extent
admitted by the receiving State. However, the receiving State must exercise
its jurisdiction over those persons in such a manner as not to interfere unduly
with the performance of the functions of the mission.
Article 38
2. Other members of the staff of the mission and private servants who are
nationals of or permanently resident in the receiving State shall enjoy privileges
and immunities only to the extent admitted by the receiving State. However,
the receiving State must exercise its jurisdiction over those persons in such
a manner as not to interfere unduly with the performance of the functions of
the mission.
Article 39
1. Every person entitled to privileges and immunities shall enjoy them from
the moment he enters the territory of the receiving State on proceeding to take
up his post or, if already in its territory, from the moment when his appointment
is notified to the Ministry for Foreign Affairs or such other ministry as may
be agreed.
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2. When the functions of a person enjoying privileges and immunities have
come to an end, such privileges and immunities shall normally cease at the
moment when he leaves the country, or on expiry of a reasonable period in
which to do so, but shall subsist until that time, even in case of armed conflict.
However, with respect to acts performed by such a person in the exercise of his
functions as a member of the mission, immunity shall continue to subsist.
Article 40
LAWS OF MALAYSIA
Act 636
DIPLOMATIC PRIVILEGES (VIENNA CONVENTION)
ACT 1966
LIST OF AMENDMENTS