ISEA 26: Diplomatic and Consular Practices PDF

**ISEA 26: Diplomatic and Consular Practices** **Lesson 1\ Module 2: Diplomatic and Consular Law** Prepared by: Reynier F. Cruzate, Master of ASEAN Studies (Ongoing) **Topics:** I. Types of Diplomatic and Consular Missions II\. Diplomatic Relations II\. Consular Officers and Consular Posts I....

**ISEA 26: Diplomatic and Consular Practices** **Lesson 1\ Module 2: Diplomatic and Consular Law** Prepared by: Reynier F. Cruzate, Master of ASEAN Studies (Ongoing) **Topics:** I. Types of Diplomatic and Consular Missions II\. Diplomatic Relations II\. Consular Officers and Consular Posts I. **Types of Diplomatic and Consular Missions** Diplomats focus on maintaining political, economic, and multilateral relations, representing their countries at embassies, and negotiating treaties. Consuls, on the other hand, handle administrative tasks such as issuing visas, helping citizens abroad, and promoting trade, and are usually based in consulates. The module also outlines the establishment of diplomatic missions and consular posts under the Vienna Conventions, which define the roles, rights, and protocols for diplomatic agents and consular officers. +-----------------------------------------------------------------------+ | **Key Points:** | | | | Diplomats and consuls both represent their countries abroad, but they | | have different roles and responsibilities within international | | relations. Here's a breakdown of their key differences: | | | | **Similarities between Diplomats and Consuls:** | | | | Both diplomats and consuls serve fundamental roles in maintaining | | their country\'s foreign relations. | | | | - **Representation:** Both act as representatives of their home | | countries and work to advance their nations\' interests abroad. | | | | - **Legal Status:** Diplomats and consuls enjoy certain privileges | | and immunities under international law, which help facilitate | | their duties without interference from the host country. | | | | - **Communication:** They serve as channels of communication | | between their home government and the host nation, providing | | updates and insights on political, economic, and social | | conditions. | | | | **Diplomats** | | | | - **Role**: Diplomats primarily engage in political, economic, and | | multilateral negotiations between nations. Their focus is on | | maintaining diplomatic relations, promoting foreign policy, and | | protecting their country's interests on a broader level. | | | | - **Location**: Diplomats are usually stationed at embassies, which | | are located in the capital cities of foreign countries. | | | | - **Titles**: Diplomats include ambassadors, chargé d\'affaires, | | ministers, and embassy staff. | | | | - **Responsibilities**: | | | | - Represent the sending state in the host country. | | | | - Engage in formal negotiations and discussions with the host | | government. | | | | - Report on political developments and other important issues. | | | | - Work on treaties, alliances, and international agreements. | | | | - Protect the interests of their nation and its citizens in | | political or diplomatic matters. | | | | **Consuls** | | | | - **Role**: Consuls focus more on administrative, commercial, and | | personal services for their country\'s citizens living or | | traveling abroad. They ensure the well-being of citizens and | | handle visa, passport, and legal documentation. | | | | - **Location**: Consulates are often found in major cities (but not | | necessarily the capital) of foreign countries. There can be | | multiple consulates within a country. | | | | - **Titles**: Consuls include Consul-General, Honorary Consul, and | | Consular Officers. | | | | - **Responsibilities**: | | | | - Issue visas to foreign nationals wishing to visit their | | country. | | | | - Assist citizens with passport renewals, birth registrations, | | and other legal documents. | | | | - Help citizens in distress, such as those who are imprisoned | | or facing legal issues. | | | | - Promote business and trade between the host country and the | | sending country. | | | | - Provide assistance in case of emergencies, such as | | evacuations or natural disasters. | | | | **Summary:** | | | | - Diplomats focus on political relations between nations, while | | consuls focus on administrative tasks and the welfare of citizens | | abroad. | | | | - Embassies house diplomats and are located in capital cities, | | while consulates handle consular affairs and can be found in | | various cities. | +-----------------------------------------------------------------------+ Diplomatic and consular missions are: - permanent diplomatic missions and - consular missions. Permanent diplomatic missions are: - embassies, which are established in other countries and - permanent missions to international organizations established in places where the organizations are based. Consular missions may be established with the following rank: - consulate general, - consulate, - vice consulate and - consular agency, depending on the scope of bilateral relations, scope of economic cooperation or the size of the expatriate community (diaspora). **Functions performed by a permanent diplomatic mission** A permanent diplomatic mission performs the duties which are within the field of responsibility of the Ministry and belong to the representative and foreign-policy functions envisaged in international treaties and the diplomatic practice. In the performance of duties falling in its competence, the permanent diplomatic mission is bound to act in accordance with the Constitution, laws, generally accepted rules of international law and ratified international treaties, as well as by-laws of a general nature, including the instructions given by the Minister and in line with such instructions and guidelines provided by the heads of the relevant internal units of the Ministry. The Embassy also performs consular functions. **Duties performed by a consular mission** A consular mission performs those tasks within the competence of the Ministry belonging to the consular functions envisaged in international treaties and the diplomatic and consular practice. In the performance of duties falling in its competence, the consular mission acts in accordance with the Constitution, laws, generally accepted rules of international law and ratified international treaties, as well as by-laws of a general nature, including the instructions given by the Minister and in line with such instructions and guidelines provided by the heads of the relevant internal units of the Ministry, and by the Ambassador accredited in the receiving State. As a rule, the consular mission maintains relations with the central authorities of the receiving State via the Embassy of the Republic of Serbia in that country, and when so explicitly permitted by international agreements or laws or the practice of the receiving State, communication may also be direct. If there is no Embassy of the Republic of Serbia in the foreign country in question, or if the Embassy is not able to perform its duties, the consular mission, under the authority of the Minister and on the basis of the agreement with the receiving State, may take over certain diplomatic functions. **Tasks Performed by Cultural Centres or Information Offices** A cultural centre or information office performs public diplomacy tasks falling in the competence of the Ministry and other Government bodies in the cultural field, with a view to promoting the prestige of the Republic of Serbia. In the discharge of these tasks, a cultural centre or information office is bound to act in accordance with the Constitution, laws, generally accepted rules of international law and ratified international treaties, as well as by-laws of a general nature, including the instructions given by the Minister and in line with such instructions and guidelines provided by the heads of the relevant internal units of the Ministry, and by the Ambassador accredited in the receiving State. II. **DIPLOMATIC RELATIONS** **The Establishment of Diplomatic Relations and of Permanent Diplomatic Missions General Principles and Purposes** Diplomatic relations between states may be established by friendly contacts of any form between their governments; but permanent diplomatic relations are considered to exist only with the establishment of a diplomatic mission, or preferably with the exchange of diplomatic missions. These are established by mutual consent and on the basis of a mutual understanding of the functions that will be undertaken by the mission. These functions have become generally accepted over past centuries, and have been defined in the 1961 Vienna Convention on Diplomatic Relations as consisting, basically, of: a. representing the sending state in the receiving state; b. protecting in the receiving state the interests of the sending state and 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. Apart from their diplomatic functions, members of the diplomatic staff of a mission may also act in a consular capacity. **Right of legation/ Right of Diplomatic Intercourse** It is the right of the state to send and receive diplomatic missions, which enables states to carry on friendly intercourse. It is governed by the Vienna Convention on Diplomatic Relations (1961). The exercise of this right is one of the most effective ways of facilitating and promoting intercourse among nations. Through the active right of sending diplomatic representatives and the passive right of receiving them, States are able to deal more directly and closely with each other in the improvement of their mutual intercourse. **NOTE:** As the right of legation is **purely consensual**, the State is **not obliged** to maintain diplomatic relations with other States. If it wants to, a State may shut itself from the rest of the world, as Japan did until the close of the 19th century. **Disadvantage:** A policy of isolation would hinder the progress of a State since it would be denying itself of the many benefits available from the international community. **Classes of Heads of Mission** Heads of mission may be of one of three classes depending on the mutual agreement of the governments concerned: 1. Ambassadors, Apostolic Nuncios, and other heads of mission of equivalent rank (e.g. High Commissioners exchanged between Commonwealth countries) who are accredited to Heads of State. - **Ambassadors** are the highest-ranking diplomatic representatives sent by a government to another state. They serve as the official spokesperson and primary liaison between the governments of the sending and receiving states. - Representing the interests of their home country in the host nation. - Leading the diplomatic mission (typically an embassy). - Negotiating on behalf of their government with the host country. - Reporting on political, economic, social, and other developments in the host country. - Promoting friendly relations and cooperation between the two countries. - Ensuring the safety and well-being of their citizens residing in or visiting the host country. - **Nuncios** (Ambassadors from the Vatican) hold a similar role but also carry a religious function. They represent the Pope and the Holy See in diplomatic and ecclesiastical matters. Nuncios often play a unique role in managing church-state relations in countries where the Vatican has diplomatic ties. - **Accreditation:** Ambassadors and nuncios are accredited to the head of state (e.g., the president or monarch) of the receiving country, symbolizing the high level of their authority and status. 2. Envoys, Ministers and Papal Internuncios who are accredited to Heads of State. - **Envoys** (or Envoy Extraordinary) and **Ministers (or minister plenipotentiary)** represent their government with a lower rank than ambassadors. They perform similar duties to ambassadors but may be assigned to countries where diplomatic relations do not warrant the appointment of an ambassador, or historically to nations where the relationship is considered less critical. The full title of - The \*head of mission to a foreign state where that head, as among heads of mission, falls into the second \*class. The head is, however, called \*minister; and his mission is called a \*legation. While accredited to the head of state, a minister is not invested with 'the \*representative character'. - **Internuncios** serve as representatives of the Vatican, like nuncios but with a lower status and often to countries where the Vatican may not have the same level of diplomatic importance or influence. - Representing their country in formal negotiations. - Maintaining diplomatic communication with the host government. - Reporting on political and economic developments. - Protecting the rights and interests of their nationals abroad. - Promoting bilateral ties through trade, culture, and political cooperation. - **Accreditation**: Envoys, ministers, and internuncios are accredited to the head of state, just like ambassadors, but their rank is typically lower, which reflects a lesser degree of formality and precedence in diplomatic events and interactions. 3. Chargés d'Affaires (*en titre*, *en pied*, or titular) who are accredited to Ministers for Foreign Affairs. - **Chargés d\'affaires** are the lowest-ranking heads of diplomatic missions. They are diplomats appointed to lead a mission in the absence of a higher-ranking official (usually an ambassador). There are two types: - **Chargé d'affaires ad interim (Temporary)**: Temporarily heads the mission when the ambassador is absent or during a vacancy. They act as the interim chief of mission until a new ambassador is appointed. - **Chargé d'affaires en pied (Permanent)**: Permanently appointed as the head of mission, particularly when diplomatic relations between two countries are at a lower level (e.g., no exchange of ambassadors). - **Chargés d'Affaires Titular (Honorary Title):** This term refers to an honorary title given to diplomats who may not be actively serving in a diplomatic mission. They might retain the title due to their previous service or expertise but are not necessarily engaged in current diplomatic activities. - Handling day-to-day operations of the diplomatic mission. - Maintaining diplomatic correspondence and communication with the foreign ministry of the host country. - Protecting the interests of their country and its nationals in the host country. - Engaging in negotiations and ensuring diplomatic protocols are followed. - **Accreditation**: Chargés d\'affaires are accredited to the **foreign minister** of the receiving country, rather than the head of state. This represents their lower status compared to ambassadors or ministers. **Note:** - Ambassadors are typically titled **\"Ambassador Extraordinary and Plenipotentiary\"**. - Heads of legations are usually titled **\"Envoy Extraordinary and Minister Plenipotentiary\"**. **Approval of a Head of Mission by the Host State** - Before appointing a head of mission, approval (agrément) from the receiving state is sought confidentially. - **Article 2 of Vienna Convention (1961**) states: \"*The establishment of diplomatic relations between states, and of permanent diplomatic missions, takes place by mutual consent\"*. - Approval is typically granted but can be withheld without explanation if the person is deemed unacceptable. - An informal hint of unacceptability usually leads to withdrawal of the nomination. - **Article 4 -- Vienna 1961:** 1. "The sending State must make certain that the *approval* of the receiving State has been given for the person it proposes to accredit as head of the mission to that State." 2. "The receiving State is not obliged to give reasons to the sending State for a refusal of *approval"* **Functions of A Diplomatic Mission** - **Article 3 -- Vienna 1961** 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 **(inquiring)** 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. **Credentials** - A head of mission receives **credentials** to verify their authenticity to the Head of State they are accredited to. - These credentials are also known as **Letters of Credence** and are typically ornate in style. *e.g.* +-----------------------------------------------------------------------+ | For Ambassadors | | | | To \[full name and title of head of state\] | | | | Excellency: | | | | I have appointed X.Y.Z., a distinguished citizen of \[name of sending | | state\], to represent me before your Government as Ambassador | | Extraordinary and Plenipotentiary of \[name of sending state\]. | | | | He is well aware of the mutual interests of our two countries and | | shares my sincere desire to preserve and enhance the long friendship | | between us. | | | | My faith in his high character and ability gives me entire confidence | | that he will carry out his duties in a manner fully acceptable to | | you. | | | | Accordingly I entrust him to your confidence. I ask that you receive | | him favourably, and give full credence to what he shall say on the | | part of \[name of sending state\] as well as to the assurances which | | he bears of my best wishes for the prosperity of \[name of receiving | | state\]. | | | | Yours very truly | | | | \[Signature of Head of State\] | | | | By the head of state | | | | \[Signature of Minister for Foreign Affairs\] | | | | \[Place\] \[Date\] | +-----------------------------------------------------------------------+ - In the Commonwealth, heads of mission exchanged between member states receive a **letter of introduction** from one Prime Minister to another, instead of credentials from the Head of State. - When a **sovereign (e.g., a king or queen) dies or abdicates**, the credentials of all heads of mission accredited to that sovereign become **invalid** and must be **renewed**. Similarly, credentials issued by the sovereign also become invalid. - This rule does **not apply** in the case of the death or end of term of a **President**. - The practice is becoming less common in some countries and may eventually disappear from diplomatic protocol. **Diplomatic Agent Appointment** - **Article 10 Vienna 1961** 1. **The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall be notified of:** a. **The appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission;** b. **the arrival and final departure of a person belonging to the family of a member of the mission** c. **the arrival and final departure of private servants of the members of the mission** d. **the engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities.** 2. **Where possible, prior notification of arrival and final departure shall also be given.** **Date of Assumption of Functions** - An ambassador assumes their role after **presenting credentials** to the Head of State. - In some countries (e.g., the UK), they assume duties when they notify the Ministry of Foreign Affairs and present a **working copy** (copie d'usage) of their credentials. - Formal ceremonies for accepting heads of mission follow the order of their arrival. **Nationality of a Head of Mission:** - A head of mission is typically of the **nationality of the state** they represent, though their spouse may not need to be. - Diplomatic officers may marry foreign nationals with special permission, except in **Arab countries**, where diplomats are generally not allowed to marry foreigners unless authorized. **Nationality of Members of the Diplomatic Staff:** - Diplomatic staff should usually be nationals of the state they serve. - In exceptional cases, they may be nationals of the host state, but this requires **specific approval**, which can be withdrawn. These staff members have **limited privileges and immunities**. **Accreditation to More Than One State:** - A head of mission may be accredited to more than one state, provided there are no objections. - In such cases, **Chargés d'Affaires ad interim** or other diplomatic staff may represent the mission in capitals where the head of mission does not reside permanently. **International Organisations: Accreditation of Heads of Mission:** - A head of mission or diplomatic staff may act as a representative to international organisations without notifying or seeking approval from the state to which they are accredited. **The Seat of a Diplomatic Mission:** - Diplomatic missions are usually located in the **capital** of a state. - Additional offices can only be established elsewhere with special permission. - In some cases, such as the Netherlands, the **diplomatic capital** (The Hague) differs from the official capital (Amsterdam). **The Size of a Mission:** - Mission size may be set on a **reciprocal basis** or within **reasonable limits** considering the host state\'s circumstances and needs. - States can appoint their own nationals to missions, but military, naval, and air attachés require prior **approval** from the host state. - The host state may refuse specific categories of officials, provided it applies the rule to all missions **non-discriminatorily**. **Accreditation by More Than One State:** - In exceptional cases, a person may be accredited as head of mission by **multiple states** unless the receiving state objects. **Refusal to Acceptance of Diplomatic Agents** - **If the appointment of a particular person as diplomatic agent is considered harmful for the receiving state.** - **If the diplomatic agent has by his declaration or conduct, done some inimical thing** - **If he is a citizen of a receiving state** **Declaration of Persona Non Grata or Non-Acceptable:** - A state can declare a diplomat **persona non grata** or unacceptable, leading to the diplomat\'s recall or termination of duties. - If no action is taken by the diplomat\'s home country, the host state may **refuse to recognize** them as part of the mission. - This can happen before or after the diplomat\'s arrival, without the need for justification. - Reasons for such a declaration may include **criminal/antisocial behavior**, **hostile acts** against the host state, or **retaliation** for a similar action by another state. - **Administrative and technical staff** can also be declared non-acceptable. **Obligations Accepted by a Host State:** - By agreeing to host a diplomatic mission, a state must provide **facilities and immunities** for the mission to function effectively. - It must also grant **personal privileges and immunities** to mission staff to perform their duties without hindrance. **End of Functions of Diplomats** - **Article 43 Vienna 1961** - The function of a diplomatic agent comes to an end, *inter alia*: 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 it refuses to recognize the diplomatic agent as a member of the mission *(persona non grata)*. **Grounds for termination of diplomatic relation under international law** 1. **War -- Outbreak between the sending and the receiving State.** 2. **Extinction of either the sending State or the receiving State.** 3. **Recall -- Demanded by the receiving State when the foreign diplomat becomes persona non grata** III. **CONSULAR OFFICERS AND CONSULAR POSTS** - Establishing diplomatic relations between states implies an agreement to establish consular relations, unless explicitly stated otherwise. - Severance of diplomatic relations does not automatically lead to the severance of consular relations. - Prior approval from the host state is required for establishing a consular post. - The host state may request details about: - The location and status of the consular post (e.g., Consulate-General, Consulate, Vice-Consulate, or Honorary Consulate). - The area of consular jurisdiction. - Any subsequent changes in the particulars of the consular post. - The establishment of any subsidiary consular offices in the consular area. **Establishment of Consular Relations** - Article 2 of Vienna Convention on Consular Relations**: Establishment of Consular Relations:** 1. "The establishment of consular relations between States takes place by mutual consent. 2. The consent given to the establishment of diplomatic relations between two States implies, *unless otherwise stated*, consent to the establishment of consular relations. 3. The breaking of diplomatic relations shall not *ipso facto (by the fact itself)* involve the severance of consular relations." **Consular Functions** - Article 5 of VCCR: **Consular Functions** a. **Protecting** in the receiving state the interests of the **sending state** and of its nationals, both individuals and bodies corporate, within the limits permitted by **international law**; b. **Furthering the development** of commercial, economic, cultural, and scientific relations between the sending state and the receiving state and otherwise **promoting friendly relations** between them in accordance with the provisions of the **Convention**; c. **Ascertaining**, by all lawful means, conditions and developments in the commercial, economic, cultural, and scientific life of the receiving state, **reporting** thereon to the Government of the sending state and giving **information** to persons interested; d. **Issuing passports** and travel documents to nationals of the sending state, and visas or appropriate documents to persons wishing to travel to the sending state; e. **Helping and assisting** nationals, both individuals and bodies corporate, of the sending state; f. Acting as **notary** and civil registrar and in capacities of a similar kind, and performing certain functions of an **administrative nature**, provided that there is nothing contrary thereto in the laws and regulations of the receiving state; g. **Safeguarding the interests** of nationals, both individuals and bodies corporate, of the sending state in cases of **succession mortis causa** in the territory of the receiving state, in accordance with the laws and regulations of the receiving state; h. **Safeguarding**, within the limits imposed by the laws and regulations of the receiving state, the interests of **minors** and other persons lacking full capacity who are nationals of the sending state, particularly where any **guardianship** or **trusteeship** is required with respect to such persons; i. Subject to the practices and procedures in force in the receiving state, **representing** or arranging appropriate representation for nationals of the sending state before the **tribunals** and other authorities of the receiving state, for the purpose of obtaining, in accordance with the laws and regulations of the receiving state, **provisional measures** for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the **defence** of their rights and interests; j. **Transmitting judicial** and extra-judicial documents or executing **letters rogatory** or commissions to take evidence for the courts of the sending state in accordance with **international agreements** in force or, in the absence of such agreements, in any other manner compatible with the laws and regulations of the receiving state; k. **Exercising rights of supervision** and inspection provided for in the laws and regulations of the sending state in respect of vessels having the nationality of the sending state, and of **aircraft registered** in that state, and in respect of their crews; l. **Extending assistance** to vessels and aircraft mentioned in (k) above and to their crews, taking statements regarding the voyage of a vessel, examining and stamping the **ship's papers**, and without prejudice to the powers of the authorities of the receiving state, conducting investigations into any incidents which occurred during the voyage, and settling disputes of any kind between the master, the officers, and the seamen in so far as this may be authorised by the laws and regulations of the sending state; m. **Performing any other functions** entrusted to a consular post by the sending state which are not prohibited by the laws and regulations of the receiving state or to which no objection is taken by the receiving state or which are referred to in the **international agreements** in force between the sending state and the receiving state. - A consular officer may, with the consent of all concerned governments, exercise functions on behalf of a third state. - In many cases, the right to act is not absolute and is subject to the law of the receiving state. - Despite the quasi-legal nature of many consular functions, a consul is not a substitute for a lawyer or specialist. **Consular Officers, Consular Employees And Members Of The Service Staff** - **Consular officers** are designated individuals responsible for consular functions and hold ranks such as: 1. **Consul-General**: The head of a consulate-general, which is usually the largest type of consular post and oversees multiple consulates or consular sections in an area. 2. **Consul**: A representative responsible for protecting and assisting a country\'s citizens in a foreign country and promoting commercial and economic interests. A consul may head a consulate but generally handles less extensive regions than a Consul-General. 3. **Vice-Consul**: A consular officer ranking below a Consul, often responsible for assisting with consular duties or leading smaller consular offices under the supervision of a Consul or Consul-General. - Consular officers are divided into two categories: 4. **Career consular officers**: - Full-time servants of their government. - Appointed by the Head of State or Foreign Minister. - Typically cannot engage in personal profit from professional or commercial activities in the host state. - Usually have the nationality of the country they serve; exceptions (such as nationals of the host state) require permission from the host government, which can be withdrawn. 5. **Honorary consular officers**: - Non-career officials. - Consular functions are often part-time. - They need not necessarily be nationals of the country whose interests they represent. - **Consular employees**: 6. Part of the consular staff but not responsible for consular functions. 7. Employed in administrative or technical capacities. - **Members of the service staff**: 8. Employed as chauffeurs (driver), cleaners, domestics, etc. 9. Usually local residents. - **Consular agents and pro-consuls**: 10. Appointed by certain states with no standard definition. 11. Typically refer to consular employees with limited responsibilities, ranking below Vice-Consul. 12. **Pro-consul**: A consular official with limited consular powers, often temporarily assigned or holding an honorary role, similar to a Vice-Consul but with more restricted duties. Their precise status and functions vary across different states. **Appointment and Admission of Heads of** **Consular Post** - Article 10 of VCCR - **"Appointment and Admission of Heads of** **Consular Posts"** 1. "Heads of consular posts are [appointed by the sending State] and are [admitted to the exercise of their functions by the receiving State.] 2. Subject to the provisions of the present Convention, the formalities for the appointment and for the admission of the head of a consular post are [determined by the laws, regulations and usages of the sending State and of the receiving State respectively.] **Sources of Authority of Consuls** 1. **Letter patent or letter 'de provision** -- Which is the commission issued by the sending State - Article 11 of VCCR- "**The Consular Commission Or Notification Of Appointment**" 1. "The head of a consular post shall be provided by the sending State with a document, in the form of a **commission** or similar instrument, made out for each appointment, certifying his capacity and showing, as a general rule, **his full name, his category and class, the consular district and the seat of the consular post**." 2. The sending State shall transmit the commission or similar instrument through the **diplomatic or other appropriate channel** to the Government of the State in whose territory the head of a consular post is to exercise his functions. 3. If the receiving State agrees, the sending State may, instead of a commission or similar instrument, send to the receiving State a **notification**." 2. **Exequatur** -- Which is the permission given them by the receiving State to perform their functions therein. - Article 12 of VCCR - "**The Exequatur**" 1. "The head of a consular post is admitted to the exercise of his functions by an **authorization** from the receiving State termed an exequatur, whatever the form of this authorization. 2. A State which refuses to grant an exequatur is not **obliged to give to the sending State reasons for such refusal.** 3. The head of a consular post shall not enter upon his duties until he has received an exequatur." **Grounds for termination of consular officer** 1. Death of consular officer 2. Dismissal 3. Notification by the receiving State to the sending State that it has ceased to consider as member of the consular staff 4. Withdrawal of his exequatur by the receiving State. 5. War -- outbreak of war between his home State and the receiving State