Laws of the People's Republic of China

    Article 1  The present Regulations are formulated for the purpose of
defining the diplomatic privileges and immunities of the diplomatic missions
in China and their members and facilitating the efficient performance of the
functions of the diplomatic missions in China as representing States.

    Article 2  The members of the diplomatic staff of a mission shall in
principle be of the nationality of the sending State. They may be appointed
from among persons of Chinese or thirdstate nationality only with the consent
of the competent Chinese authorities, which may be withdrawn at any time by
the said authorities.

    Article 3  The mission and its head shall have the right to use the flag
and emblem of the sending State on the premises of the mission and on the
means of transport of the head of the mission.

    Article 4  The premises of the mission shall be inviolable. Chinese
government functionaries may enter them only with the consent of the head of
the mission or another member of the mission authorized by him. The Chinese
authorities concerned shall take appropriate measures to protect the premises
of the mission against any intrusion or damage.

    The premises of the mission, their furnishings and other property thereon
and the means of transport of the mission shall be immune from search,
requisition, attachment or execution.

    Article 5  The premises of the mission shall be exempt from dues and
taxes, other than such as represent payment for specific services rendered.

    The fees and charges levied by the mission in the course of its official
duties shall be exempt from all dues and taxes.

    Article 6  The archives and documents of the mission shall be inviolable.

    Article 7  The members of the mission shall enjoy freedom of movement and
travel within Chinese territory except for areas the entry into which is
prohibited or restricted by the regulations of the Chinese Government.

    Article 8  The mission may for official purposes communicate freely with
the Government and the other missions and consulates of the sending State. In
so doing, it may employ all appropriate means, including diplomatic couriers,
diplomatic bag, and messages in code or cipher.

    Article 9  The mission may install and use a wireless transmitter-receiver
for the purpose of communication only with the consent of the Chinese
Government. The import of the above-mentioned equipment shall be subject to
the relevant procedure as specified by the Chinese Government.

    Article 10  The official correspondence of the mission shall be inviolable.

    The diplomatic bag shall not be opened or detained.

    The diplomatic bag may contain only diplomatic papers or articles intended
for official use and must be sealed and bear visible external marks of its
contents.

    Article 11  The diplomatic courier shall be provided with a courier
certificate issued by the competent authorities of the sending State. He shall
enjoy personal inviolability and shall not be liable to arrest or detention.

    Diplomatic couriers ad hoc shall be provided with certificates of courier
ad hoc issued by the competent authorities of the sending State, and shall
enjoy the same immunities as the diplomatic courier while charged with the
carrying of the diplomatic bag.

    A diplomatic bag may be entrusted to the captain of a commercial aircraft.
He shall be provided with an official document issued by the consigner state
indicating the number of packages constituting the bag, but he shall not be
regarded as a diplomatic courier. The mission shall send its members to
receive the diplomatic bag from the captain of the aircraft or deliver it to
him.

    Article 12  The person of a diplomatic agent shall be inviolable. He shall
not be liable to arrest or detention. The Chinese authorities concerned shall
take appropriate measures to prevent any attack on his personal freedom and
dignity.

    Article 13  The residence of a diplomatic agent shall enjoy inviolability
and protection.

    His papers, correspondence and, except as provided in Article 14, his
property, shall be inviolable.

    Article 14  A diplomatic agent shall enjoy immunity from criminal
jurisdiction.

    He shall also enjoy immunity from civil and administrative jurisdiction,
except in the case of:

    (1) an action relating to succession in which he is involved as a private
person;

    (2) an action relating to any professional or commercial activity
conducted by him in China outside his official functions in violation of
paragraph 3 of Article 25.

    No measures of execution shall be taken in respect of a diplomatic agent
except in cases coming under the preceding paragraphs of this Article, where
the measures of execution do not constitute any violations of his person and
residence.

    A diplomatic agent is not obliged to give evidence as a witness.

    Article 15  The immunity from jurisdiction of diplomatic agents and of
persons enjoying immunity under Article 20 may be waived through explicit
expression by the Government of the sending State.

    The initiation of proceedings by a diplomatic agent or by a person
enjoying immunity from jurisdiction under Article 20 shall preclude him from
invoking immunity from jurisdiction in respect of any counter-claim directly
connected with the claim.

    Waiver of immunity from civil or administrative jurisdiction shall not
imply waiver of immunity in respect of the execution of the judgment, for
which a separate and explicit waiver shall be necessary.

    Article 16  A diplomatic agent shall be exempt from all dues and taxes,
except:

    (1) dues and taxes of a kind which are normally incorporated in the price
of goods or services;

    (2) estate, succession or inheritance duties, except for the movable
property in China of a deceased diplomatic agent;

    (3) dues and taxes on private income having its source in China;

    (4) charges levied for specific services rendered.

    Article 17  Diplomatic agents shall be exempt from all personal and public
services as well as military obligations.

    Article 18  Imported articles for the official use of the mission and
those for the personal use of a diplomatic agent shall, in accordance with the
relevant regulations of the Chinese Government, be exempt from customs duties
and all other related dues and taxes.

    The personal baggage of a diplomatic agent shall be exempt from
inspection, unless the competent Chinese authorities have serious grounds for
presuming that it contains articles not covered by the exemptions specified in
the previous paragraph, or articles the import or export of which is
prohibited by Chinese laws and government regulations or controlled by the
quarantine law and regulations. Such inspection shall be conducted in the
presence of the diplomatic agent or of his authorized representative.

    Article 19  The diplomatic missions and their members may bring and import
firearms and bullets into China for their personal use, subject to the
approval of the Chinese government and to its relevant regulations.

    Article 20  The spouse and under-age children of a diplomatic agent
forming part of his household shall, if they are not nationals of China, enjoy
the privileges and immunities specified in Article 12 to 18.

    The members of the administrative and technical staff of the mission,
together with their spouses and under-age chlldren forming part of their
respective households, shall, if they are not nationals of and permanently
resident in China, enjoy the privileges and immunities specified in Articles
12 to 17. However, the immunity from civil and administrative jurisdiction
shall be confined to acts performed in the course of official duties. The
members of the administrative and technical staff shall enjoy the privilege of
exemption from dues and taxes specified in paragraph one of Article 18 in
respect of articles intended for their establishment which are imported within
six months of the time of installation.

    The members of the service staff of the mission who are not nationals of
and permanently resident in China shall enjoy immunity in respect of acts
performed in the course of official duties and exemption from income tax on
the emoluments they receive by reason of their employment. They shall enjoy
the privilege of exemption from dues and taxes as specified in paragraph one
of Article 18 of the present Regulations in respect of articles intended for
their establishment which are imported within six months of the time of
installation.

    The private attendants of members of the mission shall, if they are not
nationals of and permanently resident in China, be exempt from income tax on
the emoluments they receive by reason of their employment.

    Article 21  Dipolmatic agents who are nationals of China or foreigners
having obtained permanent residence in China shall enjoy immunity from
jurisdiction and inviolability only in respect of acts performed in the course
of official duties.

    Article 22  The following persons shall enjoy immunity and inviolability
necessary for their transit through or sojourn in China:

    (1) a diplomatic agent stationed in a third State who passes through China
together with his spouse and underage children forming part of his household;

    (2) a visiting foreign official who has obtained a diplomatic visa from
China or who holds a diplomatic passport of a State with which China has an
agreement on the mutual exemption of visas;

    (3) other visiting foreigners to whom the Chinese Goverment has granted
the privileges and immunities specified in the present Article.

    The provisions of Articles 10 and 11 shall apply, mutatis mutandis, to a
diplomatic courier of a third state passing through China and his accompanying
diplomatic bag.

    Article 23  Visiting heads of State or government, foreign ministers and
other officials of comparable status from foreign States shall enjoy the
privileges and immunities specified in the present Regulations.

    Article 24  Representatives of foreign States coming to China to attend
international conferences sponsored by the United Nations or its specialized
agencies, visiting officials and experts of the United Nations and its
specialized agencies, and offices of the United Nations and its specialized
agencies in China and their personnel shall enjoy such trentment as specified
in the relevant international conventions to which China has acceded and
agreements which China has concluded with the international organizations
concerned.

    Article 25  Persons enjoying diplomatic privileges and immunities under
the present Regulations shall:

    (1) respect Chinese laws and regulations;

    (2) not interfere in the internal affairs of China;

    (3) not practise for personal profit any professional or commercial
activity on Chinese territory;

    (4) not use the premises of the mission and the residence of the members
of the staff of the mission for purposes incompatible with the functions of
the mission.

    Article 26  In case the diplomatic privileges and immunities accorded by a
foreign State to the Chinese mission and its members in that State and to
visiting Chinese personnel concerned are fewer than those China would give
under the present Regulations to the mission of that State and its members in
China and its visiting personnel concerned, the Chinese Government may accord
them such diplomatic privileges and immunities as appropriate on a reciprocal
basis.

    Article 27  Where there are other provisions in international treaties to
which China is a contracting or acceding party, the provisions of those
treaties shall prevail, with the exception of those provisions on which China
has expressed reservations.

    Where there are other provisions in agreements on diplomatic privileges
and immunities between China and other countries, the provisions of those
agreements shall prevail.

    Article 28  For the purpose of the present Regulations, the following
expressions shall have the meanings hereunder assigned to them:

    (1) the "head of the mission" is the ambassador, minister, charge
d'affaires or other person of equivalent rank charged by the sending State
with the duty of acting in that capacity;

    (2) the "members of the mission" are the head of the mission and the
members of the staff of the mission;

    (3) 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;

    (4) the "members of the diplomatic staff of the mission" are the members
of the staff of the mission having diplomatic rank;

    (5) a "diplomatic agent" is the head of the mission or a member of the
diplomatic staff of the mission;

    (6) the "members of the administrative and technical staff of the mission"
are the members of the staff of the mission engaged in the administrative and
technical work of the mission;

    (7) the "members of the service staff of the mission" are the members of
the staff of the mission in the domestic service of the mission;

    (8) a "private attendant" is a person in the private employment of a
member of the mission;

    (9) the "premises of the mission" are the buildings and the land ancillary
thereto used for the purposes of the mission and the residence of the head of
the mission.

    Article 29  The present Regulations shall enter into force on the date of
their promulgation.