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Table of Contents
Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001)
Notice No. 1253 of 2001
Act
1. Definitions
2. Conventions have force of law
3. Immunities and privileges of diplomatic missions and consular posts, and of members of such missions and posts
4. Immunities and privileges of heads of state, special envoys and certain representatives
5. Immunities and privileges of United Nations, specialised agencies and other international organisations
6. Immunities and privileges pertaining to international conferences or meetings convened in Republic
7. Conferment of immunities and privileges
8. Waiver of immunities and privileges
9. Register of persons entitled to immunities or privileges
10. Restriction on immunities, privileges and exemptions
11. Adjustment of loss of revenue to municipalities and statutory public utility organisations
12. Acquisition, construction, relocation, renovation, replacement, extension or lease of immovable property in Republic
13. Liability insurance requirements
14. Regulations
15. Offences and penalties
16. Repeal of laws and saving
17. Short title and commencement
Schedules
Schedule 1
Vienna Convention on Diplomatic Relations, 1961
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45
Article 46
Article 47
Article 48
Article 49
Article 50
Article 51
Article 52
Article 53
Schedule 2 : Vienna Convention on Consular Relations, 1963
Article 1 : Definitions
Chapter I : Consular Relations in General
Section I : Establishment and Conduct of Consular Relations
Article 2 : Establishment of consular relations
Article 3 : Exercise of consular functions
Article 4 : Establishment of a consular post
Article 5 : Consular functions
Article 6 : Exercise of consular functions outside the consular district
Article 7 : Exercise of consular functions in a third State
Article 8 : Exercise of consular functions on behalf of a third State
Article 9 : Classes of heads of consular posts
Article 10 : Appointment and admission of heads of consular posts
Article 11 : The consular commission or notification of appointment
Article 12 : The exequatur
Article 13 : Provisional admission of heads of consular posts
Article 14 : Notification to the authorities of the consular district
Article 15 : Temporary exercise of the functions of the head of a consular post
Article 16 : Precedence as between heads of consular posts
Article 17 : Performance of diplomatic acts by consular officers
Article 18 : Appointment of the same person by two or more states as a consular officer
Article 19 : Appointment of members of consular staff
Article 20 : Size of the consular staff
Article 21 : Precedence as between consular officers of a consular post
Article 22 : Nationality of consular officers
Article 23 : Persons declared "non grata"
Article 24 : Notification to the receiving State of appointments, arrivals and departures
Section II : End of Consular Functions
Article 25 : Termination of the functions of a member of a consular post
Article 26 : Departure from the territory of the receiving State
Article 27 : Protection of consular premises and archives
Chapter II : Facilities, Privileges and Immunities relating to consular posts, career Consular Officers and other members of a consular post
Section I : Facilities, Privileges and Immunities relating to a Consular post
Article 28 : Facilities for the work of the consular post
Article 29 : Use of national flag and coat-of-arms
Article 30 : Accommodation
Article 31 : Inviolability of the consular premises
Article 32 : Exemption from taxation of consular premises
Article 33 : Inviolability of the consular archives and documents
Article 34 : Freedom of movement
Article 35 : Freedom of communication
Article 36 : Communication and contact with nationals of the sending state
Article 37 : Information in cases of deaths, guardianship or trusteeship, wrecks and air ac
Article 38 : Communication with the authorities of the receiving State
Article 39 : Consular fees and charges
Section II : Facilities, Privileges and Immunities relating to Career Consular Officers and other Members of a Consular Post
Article 40 : Protection of consular officers
Article 41 : Personal inviolability of consular officers
Article 42 : Notification of arrest, detention or prosecution
Article 43 : Immunity from jurisdiction
Article 44 : Liability to give evidence
Article 45 : Waiver of privileges and immunities
Article 46 : Exemption from registration of aliens and residence permits
Article 47 : Exemption from work permits
Article 48 : Social security exemption
Article 49 : Exemption from taxation
Article 50 : Exemption from customs duties and inspection
Article 51 : Estate of a member of the consular post or of a member of his family
Article 52 : Exemption from personal services and contributions
Article 53 : Beginning and end of consular privileges and immunities
Article 54 : Obligations of third States
Article 55 : Respect for the laws and regulations of the receiving State
Article 56 : Insurance against third party risks
Article 57 : Special provisions concerning private gainful occupation
Chapter III : Regime relating to Honorary Consular Officers and Consular Posts headed by such Officers
Article 58 : General provisions relating to facilities, privileges and immunities
Article 59 : Protection of the consular premises
Article 60 : Exemption from taxation of consular premises
Article 61 : Inviolability of consular archives and documents
Article 62 : Exemption from customs duties
Article 63 : Criminal proceedings
Article 64 : Protection of honorary consular officers
Article 65 : Exemption from registration of aliens and residence permits
Article 66 : Exemption from taxation
Article 67 : Exemption from personal services and contributions
Article 68 : Optional character of the institution of honorary consular officers
Chapter IV : General Provisions
Article 69 : Consular agents who are not heads of consular posts
Article 70 : Exercise of consular functions by diplomatic missions
Article 71 : Nationals or permanent residents of the receiving State
Article 72 : Non-discrimination
Article 73 : Relationship between the present convention and other international agreements
Chapter V : Final Provisions
Article 74 : Signature
Article 75 : Ratification
Article 76 : Accession
Article 77 : Entry into force
Article 78 : Notifications by the Secretary-General
Article 79 : Authentic texts
Schedule 3
Convention on the Privileges and Immunities of the United Nations
Article I : Juridical Personality
Article II : Property, Funds and Assets
Article III : Facilities in respect of Communications
Article IV : The Representatives of Members
Article V : Officials
Article VI : Experts on Missions for the United Nations
Article VII : United Nations Laissez-Passer
Article VIII : Settlement of disputes
Schedule 4
Convention on the Privileges and Immunities of the Specialized Agencies, 1947
Article I : Definitions and Scope
Article II : Juridical Personality
Article III : Property, Funds and Assets
Article IV : Facilities in respect of Communications
Article V : Representatives of Members
Article VI : Officials
Article VII : Abuses of privilege
Article VIII : Laissez-Passer
Article IX : Settlement of Disputes
Article X : Annexes and Application to Individual Specialized Agencies
Article XI : Final provisions
Annexes
Annex I : International Labour Organization
Annex II : The Food and Agriculture Organization of the United Nations
Annex III : International Civil Aviation Organization
Annex IV : United Nations Educational, Scientific and Cultural Organization
Annex V : International Monetary Fund
Annex VI : International Bank for Reconstruction and Development
Annex VII : The World Health Organization
Annex VIII : Universal Postal Union
Annex IX : International Telecommunications Union
Annex X : International Refugee Organisation
Annex XI : World Meteorological Organization
Annex XII : Inter-Governmental Maritime Consultative Organization
Annex XIII :International Finance Corporation
Annex XIV : International Development Association
Annex XV : World Intellectual Property organization
Annex XVI : Governing Council of the International Fund for Agricultural Development
Annex XVII : United Nations Industrial Development Organization
Notices
Recognition of South African Customs Union (SACU)
Notice No. 1012 of 2009
Paragraph 1 : Inviolability of SACU
Paragraph 2 : Exemption from Taxation
Paragraph 3 : Officials of the SACU Secretariat
Paragraph 4 : General
Recognition of New Development Bank Africa Regional Centre for purposes of granting immunities and privileges
Notice No. 1264 of 2017
Notice
Preamble
Article 1 : Definitions
Article 2 : Seat of the Africa Regional Centre
Article 3 : Functions and activities of the Africa Regional Centre
Article 4 : Legal personality
Article 5 : Premises and facilities
Article 6 : Immunity of property, funds and assets
Article 7 : Inviolability of the premises and archives and immunity of property and assets
Article 8 : Protection of the premises
Article 9 : Public utility services
Article 10 : Facilities in respect of communications
Article 11 : Exemption from taxation, customs duties, prohibitions or restrictions on imports and exports
Article 12 : Financial transactions
Article 13 : Immunities and privileges of the Director-General: Africa Regional Centre and Staff
Article 14 : Immunities and privileges of Governors, Directors and representatives of members of the Bank
Article 15 : Immunities and privileges of experts and consultants
Article 16 : Employment of spouses
Article 17 : Waiver of immunity
Article 18 : Settlement of disputes
Article 19 : Interpretation
Article 20 : Entry into force, amendment and termination
Annexure A
Recognition of the International Fund for Agricultural Development
Notice No. 976 of 2019
Minister's Minute
Preamble
Article I : Definitions
Article II : Juridical personality of the Fund
Article III : General provisions
Article IV : The Office, inviolability of the Office and archives
Article V : Public services, communications and social security
Article VI : Financial facilities and tax exemption
Article VII : Entry, travel and sojourn
Article VIII : Privileges, immunities, exemptions and facilities
Article IX : Interpretation and settlement of disputes
Article X : Commencement, amendment and termination of agreement
Adoption of MAC Protocol
Notice No. 1458 of 2019
Notice
Memorandum of Understanding between the government of the Republic of South Africa and the International Institute for the Unification of Private Law regarding the diplomatic conference for the adoption of the MAC Protocol
Article 11 : Privileges and Immunities
Recognition of the Twenty Second Session of African Forestry and Wildlife Commission and Sixth African Forestry and Wildlife Week
Notice No. 130 of 2020
Minister's Minute
Article VII : Privileges and Immunities
Minister
means the Minister of Foreign Affairs;
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