Diplomatic accreditation

Accreditation means the approval of a member of a diplomatic or consular post by the host country or by an international organization in the diplomatic service. The term is not precisely defined by international law. Although the Vienna Convention on Diplomatic Relations ( WÜD ) and the Vienna Convention on Consular Relations ( VCCR ) govern the details of the registration process of foreign representatives, the term is not used in the two agreements.

Word origin

The term is borrowed from the Latin Accredo, which give so much as faith believe (want ) is called. In French accréditer means something credible or likely make roughly officially as true view, legitimize something. In German there is more sober than ( jmdm ) grant credit, authenticate ( jmdn ) understood.

The term is blurred because it can not be removed exactly by what process the accreditation is triggered. To some extent, under accreditation already understood by the sending State the authority exhibition (in the sense of: authenticate a diplomatic representative in relation to a particular function, appoint). As far as the word stuck in the core belief is in the public, created by the head of state certificate, with the function of the diplomat is confirmed.

Mostly, however, is understood by the receiving State for accreditation not only the mere legalization of the function of the diplomats, but also the acceptance of the appointment. It is the official recording of the representative of the receiving State ( within the meaning of: Certification by the ambassador to the government), so the granting of the desired by the sending status by the receiving State, causes the accreditation. For the approval of the diplomatic submission of credentials is only one of several conditions.

The different meaning of the word should go back to the different appointment procedure of the diplomats. When heads of mission appointment and certification ever comes their function can only be considered where the receiving State the order previously approved ( Agrément, see next section). The subsequent presentation of credentials then only has meaning of protocol, in particular to the question of what day it is to be considered as official service record and what rank of Chief of Mission thus within the Diplomatic Corps occupies ( seniority ). In other diplomats lacks such a Vorabzustimmungsakt of the receiving State. For them, just a plain notification of their person at the Foreign Ministry by the respective head of mission takes place. Here only causes an unquestioning acceptance of the note accreditation.

Accreditation of diplomatic personnel

Accreditation of ambassadors and envoys

The accreditation of ambassadors and envoys is multi-level. First, the sending State through diplomatic channels must check with the receiving State that agreement with the order of the selected person is (Art. 4Vorlage: § § / Maintenance / ch- page section 1 WÜD ). The receiving State must formally agree by Agrément. For an eventual rejection, he must not give reasons (Article 4 paragraph 2 WÜD ). The process is discreet and confidential; neither side shall issue any messages to the public. If consent is refused, the sending State shall select another appropriate person.

Does the receiving State to the appointment of the Ambassador made ​​by the sending State. He is now the designated ambassadors and receives from his head of state a credentials (English letter of credence, French lettre de créance ), which contains a short appreciation of his person.

Certain procedural requirements for the content of credentials do not exist. The usual practice is to communicate the name and title of the person in question and the particular characteristics and the general objective of his mission is. The letter included a request to listen to the statements made by the representatives on behalf of his government and faith to receive him kindly.

The contents of credentials, which the Czechoslovak President Vaclav Havel wrote in March 1992 to authenticate the new Czechoslovak ambassador to Lithuania ( see picture ), was expressed in German as follows:

On a day agreed with the Head of State of the receiving State, the Ambassador -designate is the head of state at its headquarters. International usual it that he will pick up on this with a car of the head of state from his mission or residence and greeted upon his arrival with a small military ceremony is. After he has entered in the book, he presented his credentials and often the dismissal letter from its predecessor. After an initial interview, which serves the mutual knowledge, it will be adopted again with a small military honors. As a sign of his official office recording the flag of the country he represents is raised briefly at the official residence of the head of state.

As of now, the ambassador official representative of his country and applies for adopting the text of a treaty between the accrediting State and the State authorized as general.

The same ceremony is valid for Nuncios and heads of mission, the Ambassadors of the rank equally with, for example, in the British Commonwealth, the High Commissioners (High Commissioner) (Art. 14Vorlage: § § / Maintenance / ch- page paragraph 1 letter a) WÜD ) and envoy, Minister and internuncios (Article 14 paragraph 1 letter b ) WÜD ) if they are certified as head of Mission.

Sometimes remains under a formal ceremony. The date of the inauguration of mission in the receiving State shall be the date notified at which the head of mission of the Ministry of Foreign Affairs of the receiving State its arrival, and this a form- genuine copy of his credentials has been presented (Art. 13Vorlage: § § / Maintenance / ch- page paragraph 1 WÜD ).

In Switzerland, both of which are common: Basically, a ceremony will be held, at which the new ambassador presented his credentials to the President in the premises of the Federal Council. However, the previous is always the presentation of a conformal copy of his credentials and letter of dismissal of his predecessor to the Chief of Protocol, which then contacts the new ambassador in the first few days after his arrival. The new Head of Mission may fully exercise its functions already at that point.

The diplomatic privileges and immunities enjoyed by the head of mission in any case already with his entry into the receiving State or, if he already resident there, from the time at which the Ministry of Foreign Affairs shall be notified of his appointment (Art. 39Vorlage: § § / maintenance / ch- page section 1 WÜD ).

§ § can / Maintenance / ch- page WÜD a diplomat to be accredited in several states, as well as it is possible that a diplomat in a country several different states representing (Art. 6Vorlage: According to Art 5Vorlage § § / Maintenance / ch side WÜD ). However, this will require the consensus of the participating states.

For details see: multiple accreditation

Accreditation of business carriers

Chargé that have been appointed by the sending State waiving the posting of ambassador or envoy to the Head of Mission (English and French chargé d' affaires en titre or en pied ) are also subject to the obtaining of a previous Agréments the receiving State. Will there be granted, however, they are received with reduced ceremonial. Since they are subordinated ambassadors and envoys against, they do not receive their credentials from the State, but by the Secretary of State. The transfer of credentials takes place on the same stage, namely the Minister of Foreign Affairs of the receiving State (Art. 14 paragraph 1 letter c ) WÜD ).

Takes a person only temporarily the direction of the mission as a business ad interim (eg due to dismissal or absence of the ambassador ) there is no special ceremony.

Accreditation of other diplomats

The other members of the diplomatic staff (including message boards, message secretaries, attachés as economic, commercial, financial, agricultural, cultural, press, military attachés and embassy counselors and physicians ) can be ordered in any formal procedure. The order of some function support ( military, naval and air force attachés ) can, however, be made subject to the prior consent of the receiving State (Art. 7Vorlage: § § / Maintenance / ch- page set of 2 WÜD ).

These diplomats can be provided with a power of attorney.

Of such members of the mission to the State Department the appointment, their arrival and their final departure or the termination of their functions with the mission shall be notified (Art. 10Vorlage: § § / Maintenance / ch- page paragraph 1 letter a) WÜD ).

As the notification is to be possible before the entry and entering the service of diplomats (Art. 10 para 2 WÜD ), the receiving State remains regular opportunities to the announced diplomats, even if no prior approval is required to declare persona non grata. Such a declaration may before entering fare (Art. 9Vorlage: § § / Maintenance / ch- page paragraph 1 sentence 3 WÜD ) and does not require justification (Article 9, paragraph 1, sentence 1 WÜD ).

Administrative and technical staff of the missions

The appointment procedure of the members of the administrative and technical staff of missions (including office clerks, Encrypting, translators and typists ) is not regulated by the WÜD. The sending State is essentially free in the choice of the people.

The appointment of members of the administrative staff, their arrival and their final departure or the termination of their functions with the mission is to notify the receiving State (Art. 10 para 1 letter a) in conjunction with Article 1, letter b) and c ) WÜD ).

As the notification shall also be made in this group of people as far as possible before entry and the duties ( Article 10 § 2 WÜD ), the receiving State is left with an option to explain the announced staff before entering persona non grata.

Family members of the members of the mission and private servants

Family members of the members of the mission and private servants are not accredited because family members and private servants exercise any official functions. This group of people are, however, to diplomatic privileges to varying degrees. You are entitled to a diplomatic passport.

Therefore, the arrival and final departure of family members of members of the mission and private servants, if necessary, the engagement and discharge of persons resident in the receiving State as members of the mission or private servants, the State Department notified (Art. 10 para 1 letter b ) to d) WÜD ).

Such a declaration should, if possible before the entry fare (Art. 10 para 2 WÜD ).

Accreditation of members of international organizations

Members of an international organization, including its leader are not accredited to the host State. With the sovereignty of an international organization within the community - also in relation to the country of domicile - it would not be compatible, for example, the UN Secretary-General would have to be accredited by the American president, because the seat of the United Nations is in New York.

International organizations can but even have an accreditation law. Entertain States at the headquarters of the International Organization a permanent representation ( engl. permanent mission, French permanent mission ), the members of the International Organization assigned Permanent Representation to be accredited at the head of the International Organization. The Permanent Representations are occupied with diplomatic staff, often headed by an ambassador. Sometimes the activities are carried out in a personal union with another function (eg, the ambassador in the home country ). The dual accreditation at different sites is in accordance with Article 5Vorlage: § § / Maintenance / ch- page paragraph 3 WÜD allowed.

Example cases of international organizations accredited to them permanent missions are:

  • The United Nations ( UN), New York, with offices in Geneva and Vienna,
  • The organization of the North Atlantic Treaty Organization (NATO), Brussels,
  • The European Union ( EU), Brussels,
  • The Organization for the Prohibition of Chemical Weapons ( OPCW), The Hague,
  • The Conference on Disarmament (CD), Geneva,
  • The United Nations Educational, Scientific and Cultural Organization (UNESCO), Paris,
  • The Organization for Economic Cooperation and Development (OECD), Paris,
  • The Food and Agriculture Organization of the United Nations ( FAO), Rome,
  • The Euro Europe, Strasbourg,
  • The Association of Southeast Asian Nations ( ASEAN), Jakarta

In these cases, are the Head of the Permanent Representation, usually an ambassador, head of the organization credentials of his government. A Agrément the International Organization will not be obtained; the ambassador is merely notified the International Organization before. For the State of the Ambassador is in no legal relationship; accreditation of members of the Permanent Representation to the host country, therefore, does not occur.

The officials of international organizations, including its director and the members of their associated permanent representations are, however, the Ministry of Foreign Affairs of the Member State shall notify so that they can be accorded diplomatic privileges and them a diplomat's identity card is issued. They enjoy force headquarters agreement with respect to the host country often the same diplomatic immunity as diplomats accredited to the host country. This has sometimes the curious result that the accredited diplomats at an international organization must be granted by the home state privileges and immunities to the homeland he himself has no diplomatic relations.

The head of the International Organization also often takes part in events that are planned for the Diplomatic Corps of the home country, for example, on New Year's reception of the head of state.

Accreditation of consular staff

The accreditation of the consular staff follows its own principles under the Vienna Convention on Consular Relations ( VCCR ) and is less ceremonial.

The sending State shall provide the head of a consular one Bestallungsschreiben which certifies his property, his category and class, the consular district and the seat of the consular post is specified. The sending of a commission then transmitted through the diplomatic channel to the Government of the State in which the head of the consular post is to exercise his duties (Article 11Vorlage: § § / Maintenance / ch- page VCCR ).

The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur which is independent of their shape. Any refusal to grant the exequatur, the receiving State does not have to justify (Art. 12Vorlage: § § / Maintenance / ch- page VCCR ).

The other members of consular posts are appointed by the sending State at its discretion. Name, category and class of all consular officers must in time be notified to the receiving State that this may possibly explain him even before his arrival persona non grata (Art. 19Vorlage: § § / Maintenance / ch- page VCCR ). Then, the appointment has to be reversed (Art. 23Vorlage: § § / Maintenance / ch- page paragraph 3 VCCR ).

The severance of diplomatic relations between two countries does not necessarily mean the termination of consular relations (Art. 2Vorlage: § § / Maintenance / ch- page paragraph 3 VCCR ).

Two States may also agree that a consular officer takes over diplomatic functions when diplomatic missions are missing. Thus the consular officer but not diplomatic privileges and immunities receives (Art. 17Vorlage: § § / Maintenance / ch- page section 1 VCCR ).

It is also possible that a consul represents the sending at the same time in an international organization. In this capacity, he is entitled to all privileges and immunities accorded to such a representative for an organization on the basis of customary international law or international conventions; However, as far as he perceives consular duties, he is not entitled to any greater immunity from jurisdiction than that after the VCCR (Art. 17 para 2 VCCR ). It is also possible that the same consular two or more States representing when the receiving State agrees (Art. 19Vorlage: § § / Maintenance / ch- page VCCR ).

Termination of accreditation

The accreditation of diplomatic members ends when the sending State to the receiving State shall notify the termination of the functions of diplomats (eg because the person concerned returns to his home country or used on another item ). The accreditation also ends when the receiving state shall notify the sending State, he rejected it in accordance with Article 9Vorlage: § § / Maintenance / ch- page paragraph 2 WÜD from, recognize the diplomats as a member of the mission (Art. 43Vorlage: § § / maintenance / ch side WÜD ).

The last case is a statement by the diplomats persona non grata ( persona non grata ) or - if it is another member of staff - a statement that the receiving State that person was not agreeable, headed (Art. 9 para 1 WÜD ). From this statement, the duty of the sending State to recall the person concerned or terminate its activities within a reasonable period follows.

Also with consular staff, it is possible to explain this as a persona non grata or not acceptable without giving reasons. In these cases, the sending State shall either dismiss or terminate his functions with the consular post of the person concerned. In case of refusal, the exequatur may be withdrawn or the person by the receiving State will no longer be considered a member of the consular staff (Art. 23Vorlage: § § / Maintenance / ch- page VCCR ).

Whether the States in whose territory an international organization is established in the Headquarters Agreement shall have the right in the absence of authorization, a member of the Permanent Mission of the State in the International Organization persona non grata to explain, is disputed. In particular, the main states of international organizations claim such a right. According to the prevailing view in the community of the main states of such a right, however, does not occur. The Vienna Conference from February 4 to March 14, 1975, adopted the Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character, despite such requests from Britain, Canada and the United States also does not provide for such a right. The agreement is, however, not come into force until today. Among other things, most of the affected seat 15 states have abstained from voting on the adoption of the Convention text of the voice. In their view, the Agreement the host State offers few options to protect its interests that may be affected by the behavior of the diplomats, to which the host State is under no legal relationship.

Extent of the staff of a mission

The size of the message is determined by agreement among the states.

If there is no express agreement has been reached on the size of the mission, the receiving State may require that this inventory is kept within the limits which he keeps in view the present with him the circumstances and conditions as well as the needs of the particular mission appropriate and normal ( type. 11Vorlage: § § / Maintenance / ch- page section 1 WÜD ). The receiving State may equally, within similar bounds and without discrimination, the approval of officials of a particular category reject (Art. 11 para 2 WÜD ). Are also possible by the receiving State pre-established limits.

Germany and Russia have mutually waived the capping.

In other places, different from that to which the mission itself is established, the sending State may, without prior express consent of the receiving State not belonging to the mission offices set up (Article 12Vorlage: § § / Maintenance / ch- page WÜD ).

Also applies to consular posts that their existence is to keep within the limits of the reasonable and normal, holds the receiving State in the light of the present circumstances and conditions in the consular district and the needs of the consular post concerned (Art. 20Vorlage: § § / Maintenance / ch side VCCR ).

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