Diplomatic handbook

 

Head of mission to Minister for Foreign Affairs

An official letter from a head of mission to a Minister of Foreign Affairs usually begins ‘Your

Excellency’ or sometimes just ‘Sir’ or ‘Excellency’, followed by:

 

I have the honour...

 

and ends with the sentence:

 

I avail myself of the opportunity to assure Your Excellency of my highest consideration 

or

Accept, Excellency, the renewed assurances of my highest consideration.

 

[Name of sender]

 

Alternatively, and depending on the Ambassador’s relationship with the Minister, a letter might begin ‘My dear Minister’, and end with the words ’Yours sincerely’. This less formal approach is used in the UK since no British Minister or official there is properly addressed as ‘Excellency’.

If the letter is addressed in the form ‘Your Excellency’, it ought strictly to continue in the same way, e.g. ‘My government has studied Your Excellency's proposal...’ However, such phraseology can become tedious, and the judicious and occasional use of the second person (you, your) is permissible, and avoids pomposity.

 

Official to official

As a general rule correspondence between officials begins, ‘My dear (name of addressee)’, and ends

‘Yours sincerely (name of sender)’.

 

3. Methods of providing records of verbal discussions

Heads of mission are frequently instructed by their governments to ‘make representations’ to the Ministry of the country to which they are accredited or to ask for clarification of an issue. This necessitates a personal visit during which the diplomat ‘states his case’, and in order that there can be no room for doubt as to the purpose of his visit, he leaves behind a summary of his remarks. This may take the form of:

 

An aide-mémoire which explains a government's action or point of view, or puts forward a

proposition. It is headed ‘Aide-Mémoire’ and bears the date at the end, but has no signature, address

or Embassy stamp.

or

A bout de papier which is typed on paper without heading, signature or date, the theory being that

its provenance could be denied if necessary. It is thus less ‘official’ than the aide-mémoire.

Diplomats may wish to put forward a tentative suggestion at a conference, or may be instructed by their government to make representations on a matter of great delicacy, about which their own Ministry does not yet wish to take a stand. The diplomat may then choose to discuss the issue and leave a non-paper in which the matter is clarified in a non-committal way.

 

(e) Rejection of a note or letter

If a Ministry of Foreign Affairs considers that a communication from another government is offensive in any way it may ‘refuse to accept’ it, even though it has already taken delivery of it and studied it. In these circumstances the Ministry - or invariably the Minister in such a serious situation - would summon the appropriate head of mission and hand back to him the document concerned informing him at the same time that it was unacceptable to his government.

 

 

DEMONSTRATIONS

 

A diplomatic mission may find itself approached by a group of people asking for an interview with the Ambassador, or a member of his staff. An embassy thus approached has various options, the last being most commonly adopted:

• to keep the door shut,
• to accept the petition without comment,
• to invite the spokesman/men of the group in and explain the home government's position.

 

If the demonstration appears to be getting out of hand the Chief of Protocol (or, better still, the Police Diplomatic Protection Unit, if such exists) should be advised without delay: ‘The receiving State is under a special duty to ….... prevent any disturbance of the peace of the mission or impairment of its dignity’ (1961 Vienna Convention on Diplomatic Relations, Article 22, paragraph 2).

 

 

FLAGS

 

Heads of mission are entitled to fly their national flag on their residence and the premises of their mission at all times, and it is the practice to do so to mark (a) their own national occasions, and (b) those of the state in which they are situated. They are also entitled to fly their national flag on their official car, although many choose to do so only on formal occasions or in dangerous situations.

On occasions when national mourning is officially prescribed, whether in the sending state or in the host state, flags are flown at half mast. They are normally flown in this manner only on the day of the funeral; but in the event of the death of a Sovereign it is customary for them to be flown from the day of death until (and including) the day of the funeral except on the date of the proclamation of the accession of the new Sovereign.

Traditionally flags are raised first thing in the morning (8 a.m.) and lowered at sunset.

Consular officers who include a port within their consular area are normally permitted - subject to any existing convention, and dependent on local custom - to fly their national flag on a boat (at the bow) when on official duty. It is also common practice for heads of consular posts to fly their national flag on their official car when making official visits to the local authorities or when they are invited to take part in ceremonies or festivities in their official capacity; but the precise conditions are often regulated by a consular convention. The flying of the national flag on a consular post may be prohibited if the premises are situated in the same city as the diplomatic mission.

On the occasion of the visit of a distinguished foreign guest, the national flag of the visitor's state and that of the host state are often flown at the same place, e.g. on either side of a saluting base or platform. In this instance the flag pole on the right hand of a person sitting on the platform would be the 'guest' one: and as such would fly the visitor's flag.

When a number of flags of different countries are flown from individual flagstaffs the place of honour should be assigned to the national flag, the others being arranged alternately to right and left of this central point (looking outwards from the site) in the alphabetical order of the countries represented.

When a flag is flown on a car, the seat behind the flag is highest in the order of precedence.

 

 

DRESS

 

The rules regarding dress for diplomats vary considerably between countries, and depend largely on tradition, custom and climate; the increasing trend being towards informality. There are, however, certain standard forms of dress which it is useful to be aware of (in addition to the diplomatic uniform or national dress that diplomats of certain states wear); these are normally indicated when invitation cards are sent. Dress for ladies can only be defined as ‘appropriate’. Unlike that of the dull and standardised male it enlivens otherwise formal occasions, and makes a personal visual statement. For males the options are:

 

MORNING COAT

 

Occasionally worn for daytime ceremonies, especially in the open, e.g. farewells to, or arrivals of, distinguished visitors.

Black tail coat; black waistcoat and black high silk hat for solemn occasions, alternatively grey waistcoat and grey top hat for festivities; white shirt, black striped ‘pepper and salt’ trousers; stiff turndown (i.e. plain) collar; grey tie, black shoes. Medal ribbons are not worn, but full-size medals are worn on the left breast if the occasion demands, e.g. military or remembrance.

 

 

TAIL COAT (‘WHITE TIE’ OR ‘FULL EVENING DRESS’)

 

Usually restricted to formal evening functions such as dinners, balls or receptions; occasionally for more formal indoor ceremonies during the day (e.g. the presentation of credentials in the UK because it is the highest form of civilian national dress).

Long black tail coat; white waistcoat; stiff (starched) white shirt; wing collar; white bow tie; black trousers with two black silk stripes; black silk hat; black patent leather shoes; miniatures of decorations and orders (the ribbon of any neck decoration going under the white tie, and the sash of an order going across the white waistcoat).

 

 

DINNER JACKET (‘BLACK TIE’ OR ‘SMOKING’)

 

For informal evening functions.

Black jacket with silk-faced lapels; black trousers with one silk stripe; white shirt (usually soft with soft collar); black bow tie; black shoes. Miniatures of decorations and medals are worn where indicated on the invitation card.

The greater the degree of informality of the evening (and the climate), the greater is the liberty with regard to dress. In some situations cummerbunds (black, or sometimes maroon, silk sashes) are worn with dinner jackets; also coloured bow ties. White tuxedos are customarily worn when the climate so demands.

 

NATIONAL DRESS

 

Formal national dress is suitable for all diplomatic functions.

 

 

STATE CEREMONIES

 

It usually falls to the Chief of the Department of Protocol to plan and execute arrangements for state ceremonies and these (assuming the once-and-for-all nature of independence celebrations) are most commonly: inaugurations, visits, anniversaries of national significance and funerals.

On all the above occasions (funerals being a possible exception) detailed plans are produced several weeks, even months, in advance and the Ministry would make a point of consulting with the Dean o Diplomatic Corps if the Corps as a whole would be involved.

The cooperation of various organisations is essential for most functions, and it is usual to create an ad hoc planning and coordinating committee which might include representatives of the police (for parking and the regulation of traffic): the army (for a band and goal honour); the press relations office and civic authorities; and, if for visitors are expected in any number, representatives of the customs, immigration and airports.

On the occasion of the visit of a foreign Head of State or member of the government or other person of enter distinction, the head of mission of the state concerned is invited to all the official functions and entertainments which the visitor attends; and in return the visitor offers hospitality at his head of mission's residence or an appropriate place the corresponding dignitary in the host country (e.g. Head of State to Head of State, Foreign Minister to Foreign Minister, Head of Church to Head of Church).

A formal diplomatic visit begins when the visitor arrives in diplomatic capital of the state (which normally must be his first objective) and it is there that the official reception takes place. The visit national anthem will be played, the guard of honour inspected, compliments paid to the host's flag. If, however, the port, airport, or frontier post by which the visitor enters the state is some distance from capital, the visitor is met by members of the local authority and official representative who accompanies him to the capital. A procession with motor-cycle or horse escort is then arranged with the visitors riding in a carriage or motor car (depending on the distance involved). The general rule for the seating of state visitors in carriages and cars in a procession is that they are placed in the vehicles in descending order of precedence with the senior person in each vehicle seated behind the flag.

It is a recognised practice that the host of a state visit should be invited to make a return to visit to the other's capital within a reasonable time.

 

 

OFFICIAL MOURNING

 

The observance of official mourning may be declared (a) by a head mission's own government, in which event it applies to him and to members of the staff of the mission; or (b) by the host government, which case it applies to the Diplomatic Corps as a whole.

In the former instance, which might be occasioned by the death the Head of State, the head of government or a member of the royal family or by a national catastrophe, a head of mission would receive instructions from his Ministry concerning the period of official mourning, the flying of the flag at half mast, etc. During this time he and members of the staff of his mission would wear black ties or their equivalent (ladies being appropriately dressed); and he would as far as possible refrain from giving or attending social engagements. Previously arranged official commitments might justifiably be cancelled, but state functions would have to be attended. Private functions, if given, would be unostentatious and relatively solemn. A ‘condolences’ book would be available at the Embassy or sometimes at the head of mission's residence to receive the signatures of persons wishing to express their sympathy, together with a tray for cards. In certain instances a photograph of the deceased is displayed surrounded by black ribbon; and black-edge stationery used for correspondence for a limited period of time.

In the event of official mourning being declared in the host country, the Diplomatic Corps acts as a body and receives its guidance through the Doyen who would be in close touch with the Chief of the Department of Protocol. Its members would be required to fly their flags at half mast for a given period, and to cancel all but the most informal gatherings. They would be expected to attend official ceremonies and generally to behave in conformity with the solemnity of the times. Heads of Mission would individually send formal letters of sympathy to the Minister for Foreign Affairs, and all members of the diplomatic staff of a mission would leave their cards marked ‘p.c.’ (pour condolances) at the Ministry where a suitable receptacle would be provided, together with a condolences book.

If a distinguished national of a diplomatic colleague's state dies, heads of mission would express their condolences in a similar fashion, but there would be no general mourning. They would similarly express their condolences - by letter or by card, and by attendance at the funeral - on the death of a diplomatic colleague.

A note to the other diplomatic missions might take the following form:

 

The Embassy of ……………………presents its compliments to the Diplomatic Missions accredited to the Court of St James's and in deep sorrow has the duty to inform them that ………………died on……….

 

A Book of Condolence will be opened at the embassy…………………………..(address)…………………………………..from Thursday 9 to Friday 10 September ………….., between the hours of 10.00 a.m. and 2.00 p.m.

 

The Embassy of……………………………….. avails itself of this opportunity to renew to the Diplomatic Missions accredited to the Court of St James's the assurance of its highest consideration.

 

 

Chapter 5

DIPLOMATIC PRIVILEGES AND

IMMUNITIES

 

 

 

 

 

 

 

 

 

The privileged position of diplomats in society is traditional, but it is not for this reason that it continues to be respected; it is because representatives of a state can only carry out their diplomatic functions satisfactorily if they are utterly free from pressures, whether legal, physical or moral, that the state in which they are serving may be able to impose on them. In the majority of peaceful law-abiding countries the privileges and immunities to which they are entitled may appear pointless and excessive, and thus may cause resentment on the part of the host population; but in exceptional times and in exceptional countries it is only the recognition of mutually applicable privileges and immunities that enables diplomatic relations to be maintained.

Privileges and immunities are applicable both to the diplomatic mission and its functions, and to the individual.

The privileges and immunities accorded to diplomatic missions and their functions are also applicable to the United Nations and its functions under the 1946 Convention on the Privileges and Immunities of the United Nations, though the application of Convention varies in different states.

The following is a summary of the principles contained in the 1961 Vienna Convention on Diplomatic Relations which has been accepted by an overwhelming majority of the members of the United Nations as representing an internationally agreed codification of modern diplomatic law. 

 

 

 

PRIVILEGES AND IMMUNITIES IN RESPECT

OF THE MISSION AND ITS FUNCTIONS

 

INVIOLABILITY AND IMMUNITY OF PREMISES

AND PROPERTY

 

The premises of a mission and the private residence of the head of a mission are inviolable, as are those of members of the diplomatic and administrative and technical staff of the mission provided that they are not nationals or permanent residents of the host state. They may not be entered by agents of the host state without the permission of the head of mission concerned; the host state is obliged to ensure that all appropriate steps are taken to protect such premises against intrusion or damage, and to prevent any disturbance of the peace of the mission or impairment of its dignity. The premises, together with their contents and the means of transport belonging to the mission, are immune from search, requisition, legal attachment or execution. Motor vehicles belonging to members of the diplomatic and administrative and technical staff enjoy the same immunity, but special provisions apply to traffic offences in different countries. Generally speaking diplomats are treated as nationals in respect of such offences, save that they are not prosecuted, but the offence is reported to the head of mission.

 

 

 

 

 

INVIOLABILITY OF RECORDS, DOCUMENTS,

CORRESPONDENCE AND ARCHIVES

 

The records, documents, correspondence and archives of a mission are inviolable at any time and wherever they may be.

 

 

 

FREEDOM AND INVIOLABILITY OF

COMMUNICATIONS

 

A diplomatic mission is entitled to communicate freely for all official purposes and to have access to every facility for this in the state in which it is situated. It may use any appropriate means including couriers and messages in code or cypher to communicate with its own government and with any of its government's missions and consulates wherever they may be situated. A wireless transmitter, however, may be installed and used only with the consent of the host government.

THE DIPLOMATIC BAG, POUCH OR VALISE

 

This is a sealed bag or container clearly marked as such, containing only official documents and articles for official use. A diplomatic bag usually falls into one of two categories depending on the importance of its contents: accompanied or unaccompanied. The diplomatic bag is inviolable: it may not be opened or detained, and every facility must be given for its swift despatch. It may be carried by a diplomatic courier who is entitled to the protection of the state which he is visiting or in he is serving in the performance of his functions. He enjoys personal inviolability, and is not liable to any form of arrest or detention. A diplomatic courier is usually a full-time employee of a Ministry of Foreign Affairs, and on every journey must be provided by his Ministry or head of mission with a document indicating his status and the number of packages constituting the diplomatic bag. Where there is no regular diplomatic courier a state or mission may designate an individual - often an official of appropriate nationality who is making the journey for other reasons - as a diplomatic courier for a specific journey. Provided that he is furnished with the appropriate documents by his Ministry or head of mission he will be granted the same immunities and personal inviolability as a regular courier until such time as he has delivered the diplomatic bag in his charge. In normal circumstances a diplomatic bag may be entrusted to the captain of an aircraft, provided he enters or leaves the country through an authorised place of entry. A member of the mission concerned is entitled to hand the bag directly and freely to the captain, and similarly to receive it from him. The captain concerned must be provided with a document stating the number of packages constituting the bag; but he himself is not considered as being a diplomatic courier.

When communications between a state and its diplomatic mission have to pass through a third state, that state must furnish the same inviolability as is accorded by the receiving state. Diplomatic bags properly identified are inviolable while in transit through third states, as are diplomatic couriers. Couriers must, however, obtain any appropriate visas.

 

 

EXEMPTION FROM TAXATION

 

A diplomatic mission is exempt from all national, regional and municipal dues and taxes in respect of the mission premises, whether owned or leased, except for those charges which represent payment for specific services rendered (e.g. water, electricity, refuse collection). This exemption does not extend to persons entering into contracts with a head of mission or his government - for which reason such contracts usually stipulate that it is the head of the mission or his government who are responsible for any rates or taxes on the premises.

A diplomatic mission is also exempt from dues and taxes in respect of any fees and charges that it levies as part of the normal functions of a mission.

 

RIGHT TO IMPORT, AND EXEMPTION FROM

CUSTOMS DUTIES

 

A diplomatic mission is entitled to import (subject to existing laws) articles for the official use of the mission, and is exempt from customs and other similar duties in respect of such articles. It is not exempt from charges for related services, e.g. storage or cartage. Goods imported duty free may not be sold or otherwise disposed of in the host state except in accordance with the conditions laid down by the state.

 

 

 

 

PERSONAL PRIVILEGES AND IMMUNITIES

GENERAL PROVISIONS

 

Full diplomatic privileges and immunities are applicable to (a) diplomats, and (b) members of their families forming part of their household provided they are not nationals or permanent residents of the state in which the diplomat is serving.