Right to maintain diplomatic

relations with other states

-Active
-Passive
 1. head of state
 Foreign secretary or minister
 Members of the diplomatic service
 Classification:
 1. Ambassadors or nuncios accredited to
heads of state
 2. envoys, ministers and internuncios
accredited to heads of state
 3. charges d’affaires accredited to ministers
for foreign affairs
 Consists of the different diplomatic reps who
have been accredited to the local or receiving
state
- Headed by the doyen du corps or dean
- - usually the one with the highest rank and the
longest in the state

- Agreation - inquiry
- Agrement - consent
 Letter of credence / lettre
de creance
 Diplomatic Passport
 Official Instructions
 Cipher or Code book
 Representing the S state in the R state
 Protecting the interests and nationals of the S
state in the R state
 Negotiating with the government of the R
state
 Ascertaining conditions and developments in
the R state and reporting it to the S state
 Promoting friendly relations between S and R
states
 Representing friendly governments at their
request
 Person shall be inviolable; not liable for arrest
or detention

 Shall enjoy immunity from the criminal, civil

and administrative jurisdiction of the R state

 Inviolability of premises

 Inviolability of Archives and Documents

 Right to use Flag or Emblem

 Right of official communication

 Freedom of movement and travel

 Exemption from subpoena as

witness

 Exemption from Taxation

 Duration - From the moment of his
appointment with the government until he
leaves
 Who else are entitled to these?
◦ - Diplomatic suite or retinue
 - official
- admin and technical personnel
 - unofficial
-household help
 Immunity from judicial writ or process
shall not be granted to
◦ citizens or inhabitants of the Philippines in the
service of a diplomat where the process is found
on a debt contracted before they entered into
the service
◦ domestic servants of an ambassador or minister
unless registered with the DFA before the
issuance of the process and transmitted by the
DFA to the PNP
 Governing rule – Convention on
Consular Relations
 Kinds
◦ A. Consules missi – professional or
career consuls (full time)
◦ B. Consules electi – may or may not
be nationals of S state (part-time)
 Consul-general
 Consul
 Vice – consul
 Consular Agent

 Letter Patent/ Lettre de provision -

commission
 Exequatur - permission
 Protection of the interests and nationals of
the S state in the R state
 Promotion of the commercial, economic,
cultural and scientific relations of the S and R
states
 Observation of conditions and developments
in the R state and reporting to the S state
 Issuance of passports and other travel
documents (visas)
 Supervision and inspection of vessels and
aircraft of S state
 Enacted on April 18, 1961

 Definition of terms:
 ) 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.
 Members of the diplomatic staff of the
mission should in principle be of the
nationality of the sending State.

 Members of the diplomatic staff of the

mission may not be appointed from among
persons having the nationality of the
receiving State, except with the consent of
that State which may be withdrawn at any
time.
 . 3. The receiving State may reserve
the same right with regard to
nationals of a third State who are not
also nationals of the sending State
 1. The sending State must make certain that
the agrément 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
agrément
 Diplomatic courtesy requires that before a
state appoints a new chief of diplomatic
mission to represent it in another state, it
must be first ascertained whether the
proposed appointee is acceptable to the
receiving state. The acquiescence of the
receiving state is signified by its granting its
agrément to the appointment. It is unusual
for an agrément to be refused, but it
occasionally happens.

http://www.ediplomat.com/
When an agreement is signed between two
states, or among several states, each
signatory keeps an official copy for itself.
Alternat refers to the principle which
provides that a state’s own name will be
listed ahead of the other signatory, or
signatories, in its own official copy. It is a
practice devised centuries ago to handle
sensitivities over precedence.

http://www.ediplomat.com
 a written official recognition and
authorization of a consular officer issued by
the government to which he is accredited

http://www.merriam-webster.com/

 A document issued to a consul by the host

country government authorizing him to
carry out his consular duties.

http://www.ediplomat.com/
 The name for letters given to an ambassador by
his chief of state, and addressed to the chief of
state of his host country. They are delivered to
the latter by ambassadors in a formal credentials
ceremony, which generally takes place shortly
after his arrival at a new post. Until this ceremony
has taken place he is not formally recognized by
the host country, and he cannot officially act as
an ambassador. The letters are termed "letters of
credence" because they request the receiving
chief of state to give "full credence" to what the
ambassador will say on behalf of his government.

http://www.ediplomat.com
A person may be
declared persona non
grata or not acceptable
before arriving in the
territory of
 the receiving State.
 Argentina
 Australia
 Austria
 Bahrain
 Bangladesh
 Belgium
 Brazil
 Brunei
 Cambodia
 Canada
 Chile
 China
 Czech Republic
 Egypt
 Finland
 France
 Germany
 Greece
 Hungary
 India
 Indonesia
 Iran
 Iraq
 Israel
 Italy
 Japan
 Jordan
 Kenya
 Republic of Korea
 Kuwait
 Laos
 Lebanon
 Libya
 Malaysia
 Mexico
 Myanmar

 Netherlands
 New Zealand
 Nigeria
 Norway
 Oman
 Pakistan
 Papua New guinea
 Poland
 Portugal
 Qatar
 Russia
 Saudi Arabia
 Singapore
 South Africa
 Spain
 Switzerland
 Syria
 Timor Leste
 Thailand
 Turkey
 United Arab Emirates
 United Kingdom
 United States of America
 Vatican
 Venezuela
 Vietnam