UNIT 4.5- Appointment and accreditation

Question 1

Practical Limitations on Diplomatic Personnel Selection

Answer 1

Nationality Constraints:
- Receiving State’s Consent: Required if appointing personnel with the nationality of the receiving state or a third country.
- Revocation Rights: The receiving state can withdraw consent at any time.

Mission Size Limitation:
- Must align with mission size requirements and the interests involved.
- The Vienna Convention (Article 11) sets expectations for size proportionality based on bilateral agreements or mutual understanding.

Question 2

Limitations on Diplomatic Mission Size

Answer 2

Vienna Convention Article 11:
- Establishes a guideline for determining the mission’s size.
- Negotiations and Agreements: Aim to adjust mission size proportionately.

Adjustments and Justifications:
- States may unilaterally limit the number of personnel if no agreement is reached.
- Persona Non Grata Clause: Receiving state may declare members unwanted if over the limit.

Question 3

The Head of Mission- Appointment and accreditation

Answer 3

• The primary representative of the accrediting state.
• Specifics differ from other mission members.

Question 4

Classification of Heads of Mission:

Answer 4

Classes: Defined by rank and diplomatic role of the Mission previously studied. No difference in representational authority or scope based on class.Today, classification affects only precedence, ceremonial protocol, and general etiquette.

• First Class: Ambassadors, nuncios, and high-ranking representatives.
• Second Class: Ministers, envoys and internuncios (currently not in use and suppressed).
• Third Class: Composed of chargés d’affaires and other similar titles representing heads of mission at this rank.

Question 5

Vienna Convention of 1961 on Mission Head Classes

Answer 5

Article 14 - Classification of Heads of Mission: Heads of mission are divided into three classes:
- (a) Ambassadors or Nuncios accredited to Heads of State and other equivalent-ranking mission heads.
- (b) Envoys, Ministers, or Internuncios accredited to Heads of State.
- (c) Chargés d’affaires accredited to the Minister of Foreign Affairs.
No distinction in function shall be made between heads of mission based on class, except for precedence and protocol.

Agreement on Class of Mission Heads
Article 15:
- States must agree on the class to which their heads of mission shall belong.
Ensures harmonization and prevents protocol discrepancies between states.

Question 6

The Placet (Prior Consent for Appointment)

Answer 6

Definition:
- The placet is the formal request for prior consent from the receiving state for the appointment of a diplomatic agent.

Historical Practice:
- Historically used when the sending state deemed it necessary or the receiving state required it.
- Commonly applied to the appointment of the head of mission.

Question 7

Vienna Convention 1961 on the Placet Requirement

Answer 7

Codification in Vienna Convention:
- The Convention formalizes this practice as a legal requirement.
- The sending state must obtain prior consent for the person they wish to appoint as head of mission.

Implications:
- Without the placet (prior consent), a head of mission cannot be appointed.
- If appointment proceeds without the placet or consent is denied, it results in the sending state’s responsibility for violation.

Question 8

The Placet Procedure and Confidentiality

Answer 8

Persona Non Grata Risk:
- If the Vienna Convention requirements are ignored, the receiving state may declare the appointed head of mission as persona non grata, making the appointment ineffective.

Confidentiality of the Placet:
- Terms of the request, the individual’s name, and the response content are confidential.
- Purpose: To avoid damage to the reputation of the nominee if the placet is denied.

Implied Approval:
- The placet’s approval is inferred when the appointment is announced.
- A denial is handled discreetly to protect the nominee’s honor and standing.

Question 9

Timing and interpretation of the place response

Answer 9

No Time Limit:
- There is no set deadline for responding to a placet request.
- Excessive delay may signal:
–> A possible breach of good faith.
–> A potentially unfriendly act.
–> The accrediting state may lose interest in the nomination and withdraw the request.

Unexplained Denial:
- The receiving state is not required to explain a denial.
- This allows each state the freedom to respond according to its practice, with or without explanation.

Question 10

Alternative Placet Procedures

Answer 10

Nomination of a List (Terna):
- Some states may propose a shortlist of candidates (terna) to allow the receiving state to select a preferred individual.
- This avoids unnecessary delays and conflicts.

Question 11

Extended Application of the Placet

Answer 11

Beyond Heads of Mission:
- Receiving states may optionally require placet for specific diplomatic roles, often defense attachés or military, naval, and air attachés
- This requirement can be extended to other diplomatic staff, such as advisors or counselors.

Exclusions:
- The placet does not apply to heads of permanent missions representing member states at international organizations.

Question 12

The Accreditation Process for Heads of Mission

Answer 12

After Obtaining the Placet:
- The sending state proceeds with the appointment of the head of mission following its legal procedures.
- Once administrative or administrative-political processes are complete, an official document, known as letters of credence, is issued.

Types of Accreditation Instruments:
- Letters of Credence: Generally used for heads of mission, especially for those in the first class.
- Letters of Commission: Used within the Commonwealth for first-class mission heads.
- Letters of Cabinet: Typically issued for third-class mission heads.

Question 13

Characteristics of Letters of Credence

Answer 13

Formal Document:
- Directed by the head of state of the sending state to the head of state of the receiving state.
- Signed by the head of state and countersigned, usually by the Minister of Foreign Affairs.

Specific Protocol within the Commonwealth:
- For states recognizing the British monarch as head of state, letters of commission are sent from one Prime Minister to another.
- Letters of Cabinet: Sent by the sending state’s Foreign Minister to the receiving state’s Foreign Minister.

Question 14

Purpose and Content of Accreditation Letters

Answer 14

Purpose:
- To formally appoint and accredit the individual as the head of mission.

Contents:
- The letter includes the name and qualifications of the head of mission.
- Requests that the individual be recognized as the representative of their government.
- Expresses hope for strengthened relations and friendship between the two states.
- Wishes for the personal success of the head of mission and the prosperity of the receiving state.

Question 15

Protocol for Presentation of Letters of Credence

Answer 15

Copies of Style:
- An official copy of the letters of credence, known as copies of style, is typically delivered to the receiving state’s Ministry of Foreign Affairs upon the head of mission’s arrival.

Presentation Ceremony:
- The head of mission presents the letters of credence to the head of state in a formal ceremony.
- Equal Treatment: The ceremony should be of equal standing for heads of mission of each class.
- Protocol:
–> Often includes a speech by the head of mission or a brief private conversation with the head of state.
–> In some cases, the speech text is sent in advance to the receiving state.

Question 16

Specific Protocols in the Commonwealth

Answer 16

Commonwealth Practice:
- In Commonwealth states where the British monarch is the head of state, heads of mission from third-party states present letters of credence to the monarch’s representative.

Question 17

Presentation of Letters of Cabinet and Permanent Representatives

Answer 17

Letters of Cabinet:
- Delivered by the head of mission to the Minister of Foreign Affairs in an official audience arranged for this purpose.

Permanent Representatives in International Organizations:
- Accreditation Documents: Generally referred to as credentials.
- For heads of representation of third-party states, the term letters of credence is usually maintained.

Question 18

Representation in the European Union

Answer 18

Member State Representatives:
- Appointed by government but without formal accreditation; the appointment is communicated directly to the European Union, generally to the Commission.

Third-Party States with Special Relationships:
- No formal accreditation required, with each relationship governed by specific procedures.

General Diplomatic Procedure:
- For third-party states with no special relationship, letters of credence are presented to the President of the European Council.

Question 19

Vienna Convention Article on Receiving Heads of Mission: Importance of Presentation Procedures

Answer 19

Not Just Protocol:
- Presentation of letters, copies of style, and notification of arrival mark the official start of duties for the head of mission.
- Establishes the order of precedence among mission heads.

Question 20

Start of Duties and Diplomatic Precedence: Commencement of Official Duties

Answer 20

Establishing Start Date:
- The receiving state sets the criteria for the commencement of official duties, which must be uniform for all heads of mission of the same class.
- From this point, the head of mission can formally act on behalf of their accrediting state.

Question 21

Diplomatic Precedence and Dean of the Diplomatic Corps

Answer 21

Precedence:
- The head of mission’s precedence remains consistent throughout their tenure unless there is a change in class.

Dean of the Diplomatic Corps:
- Usually, the most senior head of mission in the first class holds this position.
- Exception: In certain states, this role is reserved for the representative of the Holy See (if in the first class).

Question 22

Definition and Appointment of Chargé d’Affaires Ad Interim

Answer 22

Temporary Appointment:
- When the head of mission is absent, unable to serve, or the position is vacant, a Chargé d’Affaires ad interim assumes the role provisionally.
- Typically, the highest-ranking diplomatic officer in the mission takes this position.

Notification Requirement:
- The name of the Chargé d’Affaires ad interim must be communicated to the receiving state’s Ministry of Foreign Affairs.
- This notification can be done by the head of mission or, if they are unavailable, by the sending state’s foreign ministry.

Question 23

General Appointment Procedures for Mission Staff

Answer 23

Simplified Procedure:
- Unlike the specific procedure required for the head of mission, other mission staff are appointed and, if necessary, accredited through a “simple” procedure.
- This process must respect the limitations and requirements previously outlined.

Question 24

Types of Mission Staff

Answer 24

Categories:
- Diplomatic Staff
- Administrative and Technical Staff
- Service Staff

Question 25

Diplomatic Identity and Commencement of Duties

Answer 25

Diplomatic Identification Card:
- The receiving state issues a diplomatic ID card based on the accreditation instrument, confirming their diplomatic status.

Start of Functions:
- Diplomatic staff begin their duties upon receipt of their accreditation by the receiving state’s Ministry of Foreign Affairs, assuming there is no opposition.

Question 26

Administrative and Technical Staff: Appointment and Start of Duties

Answer 26

Appointment:
These individuals are either:
- Assigned by the accrediting state to the mission.
- Locally hired within the receiving state, potentially being nationals of:
- The accrediting state
- The receiving state
- A third country (with consent if local nationals are involved).

Role of the Chancellor:
- Generally expected to be a national of the accrediting state if hired.

Commencement of Duties:
- Begins upon taking office for state-assigned personnel or as stipulated in the contract for locally hired staff.

Notification to Receiving State:
- The start of duties must be communicated to the receiving state.

Question 27

Service Staff: Appointment and Notification of Service Staff

Answer 27

Service Staff Characteristics:
- Primarily locally hired in the receiving state.
- Often nationals of the receiving state, but may include nationals of the accrediting state.

Notification to Receiving State:
- Names and details of service staff must be communicated to the receiving state.

Question 28

Multiple Accreditacion

Answer 28

Multiple Accreditation: When a diplomatic agent is accredited in or by multiple states.

Types: Active or passive accreditation

Question 29

Active accreditation:

Answer 29

Represents multiple accrediting states in one receiving state.

Active Multiple Accreditation (Common):
- An agent is accredited as head of mission for two or more accrediting states.
- Requirements: Acceptance from the principal accrediting state, the secondary states, and the receiving state.

Purpose:
- Streamlines diplomatic representation.
- Useful for countries with similar interests in the receiving state.

Question 30

Passive accreditation:

Answer 30

Represents one accrediting state in multiple receiving states.

Definition:
- Passive Multiple Accreditation: A diplomat from a single accrediting state is accredited in multiple receiving states.
- Often used when a diplomat is already stationed in one primary receiving state but extends representation to additional neighboring states.

Purpose:
- Streamlines diplomatic costs and representation.
- Reduces logistical challenges by maintaining a single residence.

Question 31

Steps for Active Multiple Accreditation:

Answer 31

Primary Accrediting State:
- Appoints and accredits the diplomat as the main Head of Mission.

Secondary States:
- Seek permission from both the primary state and the receiving state to accredit the same diplomat.

Role of the Receiving State:

Approval or Objection:
- The receiving state may reject the multiple accreditation if it impacts diplomatic relations or exceeds their capacity.

Question 32

Distinct Nature of Active Multiple Accreditation

Answer 32

Individual Representation

Personal Representation:
- The diplomat acts independently for each accrediting state, maintaining distinct relations.

Separate Instructions:
- Each accrediting state provides individual instructions, distinct from any joint missions.

Diplomatic Protocol

Letters of Credence:
- Diplomat presents credentials for the primary state first, followed by separate ceremonies for each secondary state.

Question 33

Key Elements of Active Multiple Accreditation: Structure of representation:

Answer 33

Primary State:
- Establishes the diplomatic mission and bears primary responsibility.

Secondary States:
- Accredits the primary state’s diplomat while maintaining individual representation.

Question 34

Key Elements of Active Multiple Accreditation: Responsibilities of the Primary State:

Answer 34

Financial and Logistical Support:
- The primary state funds the mission and manages logistics.

Instruction and Oversight:
- The diplomat reports primarily to the primary state but receives separate instructions for secondary states.

Question 35

Active Multiple Accreditation
- Roles and Rights of the Receiving State

Answer 35

Receiving State’s Rights in Multiple Accreditation:
Right to Approve or Reject:
- The receiving state can approve or deny a diplomat’s multiple accreditations.

Conditions of Approval:
- Approval may be conditional on maintaining diplomatic order and protocol.

Monitoring of Diplomatic Conduct:
Ensuring Compliance:
- The receiving state enforces compliance with local protocol for all accredited diplomats.

Question 36

Termination of Active Multiple Accreditation:

Answer 36

Ending Multiple Accreditation

Voluntary Withdrawal:
- Secondary states may withdraw accreditation if they feel the diplomat no longer meets their needs.

Automatic Termination:
- Ends if the primary state appoints a new diplomat, unless secondary states also re-approve the new appointee.

Procedural Notes for Replacement
Secondary State Re-evaluation:
- Secondary states must re-evaluate and approve any newly appointed Head of Mission to continue multiple accreditation.

Question 37

Funding and Support for Multiple Accreditation

Answer 37

Primary State Responsibility:
- Covers the cost of maintaining the mission.

Secondary State Contributions:
- May cover additional costs or pay for specific services related to their interests.

Staffing and Operational Costs:
Shared Funding Options:
- Secondary states may agree to contribute to salaries, logistical needs, or event-related costs.

Question 38

Conditions for Passive Multiple Accreditation

Answer 38

• Requires approval from primary and secondary receiving states.
• Can be challenged if any receiving state objects, often during the placet (consent) process.

Question 39

Types of Passive Multiple Accreditation

Answer 39

1. Nominal Diplomatic Mission:
   –> Symbolic or Limited Engagement: Diplomat appears on the diplomatic list in the secondary state, with primary residence in the main receiving state.
2. Diplomatic Mission with Specific Duties:
   –> Functional but Limited: Diplomat performs occasional duties in the secondary state based on strategic needs.

Question 40

Passive Multiple Accreditation:
Nominal Diplomatic Mission

Answer 40

Characteristics:
- Presence on the secondary state’s diplomatic list.
- Visits secondary states primarily for ceremonial or symbolic events.
—> Example: Annual visits for national holidays or high-profile events.

Question 41

Practical Applications and Symbolic Representation of passive accreditation:

Answer 41

Symbolic vs. Practical Representation

Symbolic Passive Accreditation:
- Used primarily for political reciprocity or symbolic presence without active engagement.

Practical Representation:
- Occasional engagement for specific interests or activities that do not require a full diplomatic mission.

Question 42

Operational Protocols in Passive Multiple Accreditation

Answer 42

Operational Guidelines

Duties:
- Diplomat travels to the secondary state only as necessary.
- Formal presentations or meetings may be limited to key occasions.

Responsibility:
- Must stay informed on the secondary state’s developments, often through:
–> Media and Diplomatic Channels
–> Embassy Contacts in the primary state
–> Consular Reports from secondary state offices

Question 43

Passive Multiple Accreditation- Mission Levels and Reduced Diplomatic Presence

Answer 43

Missions with Reduced Capacity
- Definition: Missions operate at a “reduced level” without a full-time Head of Mission or complete diplomatic team.
- Uses: Serves to maintain minimal diplomatic presence when full representation is not needed or viable.

Reduced Missions and Chargé d’Affaires ad interim:
Chargé d’Affaires ad interim:
- May lead a mission in the absence of a full-time diplomat.
- Manages basic administrative duties when the diplomat in passive accreditation is not present.

Question 44

Passive Multiple Accreditation- Special Cases and Crisis Situations

Answer 44

Diplomatic Missions in Crisis Situations
- Temporary Reduction: Passive accreditation can be used when a diplomatic mission is scaled back due to political tensions or financial constraints.
- Transformation of Consular Offices: Consulates in secondary states may assume limited diplomatic duties temporarily.

Sectorial Advisors in Passive Multiple Accreditation:
Sectoral Representation:
- Allows specific experts (e.g., trade or cultural attachés) to represent one state across several neighboring states.
- Maintains efficiency and targeted representation for specialized diplomatic roles.

Question 45

Examples of Passive Multiple Accreditation in Practice:

Answer 45

In International Organizations
- International Organizations: A diplomat accredited in one state may also represent their state at an organization within that state or region.
- Flexible Representation: Diplomats can act as representatives to multiple entities within an organization, provided no receiving state objects.

European Union Practices
- EU Context: Member states often utilize passive multiple accreditation for diplomats within the EU, accrediting one representative to multiple EU member states when appropriate.

Question 46

Key Points in Passive Multiple Accreditation

Answer 46

• Single Accrediting State: Differentiates passive multiple accreditation from active by involving only one accrediting state.
• Strategic Use: Efficient for maintaining a presence without the need for multiple missions.
• Approval Required: Each receiving state must agree, with the possibility of objection.

Question 47

Passive multiple accreditation: Advantages and Limitations:

Answer 47

Advantages:
- Cost-effective
- Practical for neighboring states with shared interests

Limitations:
- Limited engagement and potential diplomatic limitations in the secondary state

Question 48

Definition and Purpose of Special Accreditation :

Answer 48

Definition: A second, specific accreditation granted to members of a permanent diplomatic mission for particular tasks within the receiving state.

Purpose: Allows diplomats to participate in high-importance, ad hoc missions while representing their home state.

Question 49

Purpose of Special Accreditation

Answer 49

Specialized Functions:
- Beyond General Duties: Used when an existing mission’s accreditation is insufficient for certain high-stakes tasks.
- Examples: Treaty negotiations, special ceremonies, or unique bilateral events.

Question 50

Types of Missions Requiring Special Accreditation

Answer 50

Common Uses:
- Bilateral Missions: Negotiation of treaties or high-level engagements.
- Ceremonial Roles: Representation at specific events or celebrations in the receiving state.

Question 51

Special Accreditation Process

Answer 51

Accreditation Steps:
- Identify specific task requiring special representation.
- Provide special accreditation to the diplomat involved in the mission.

Key Documentation:
- Special Letters of Credence: For ceremonial or protocol duties.
- Full or Simple Powers: Required for bilateral negotiations or formal delegation roles.

Question 52

Levels of Authority in Special Accreditation

Answer 52

Delegation Head:
- The head of a special mission may be a high-ranking diplomat or central authority.

Alternate Leaders:
- Often, the permanent head of mission may serve as the alternate head if a senior official cannot be present throughout the mission duration.

Question 53

Bilateral Contexts for Special Accreditation

Answer 53

High-Impact Engagements:
- Treaties, sensitive discussions, or state-level negotiations may necessitate special accreditation.

Question 54

Multilateral and International Settings for Special Accreditation

Answer 54

Special Roles in Organizations:
- Some international organizations require ad hoc delegation, often necessitating special accreditation for multilateral events or specific committee work.

Question 55

Dual Accreditation:

Answer 55

Allows permanent mission members to take on additional responsibilities temporarily without changing their permanent status.

Question 56

Special vs. Permanent Accreditation:

Answer 56

Special accreditation is an additional role rather than a replacement, used for time-limited and specific purposes.

Question 57

Different Levels of Special Accreditation

Answer 57

Head of Mission or Alternate Head:
- Typically given to senior diplomats or an alternate when the head of state or high-ranking official isn’t available for the entire mission.

Higher Diplomatic Status:
- Other members granted special accreditation may be assigned a higher level of responsibility than in their permanent role.

Flexible Role Assignment:
- Specific representatives can be selected based on the mission’s importance or diplomatic sensitivities.

Question 58

Summary of Special Accreditation

Answer 58

Definition Recap:
- A unique accreditation given to permanent mission members for specific high-level tasks.

Main Purpose:
- Allows flexibility for specific duties without impacting the diplomat’s primary accreditation.

Question 59

Key Takeaways of Special Accreditation

Answer 59

Efficiency in Diplomacy:
- Streamlines the process for sensitive or time-sensitive missions.

Bilateral and Multilateral Relevance:
- Equally applicable in both bilateral state relations and within international organizations.

Question 60

Termination of Diplomatic Functions: Overview of termination reasons

Answer 60

Termination:
- Unlike appointment, termination can occur without mutual consent between the accrediting and receiving states.
- Can result from unilateral state decisions, personal choices, or natural causes.

Question 61

Causes of Termination by the Accrediting State

Answer 61

Decision by the Accrediting State
Reasons for Termination:
- Follows normal mission cycles or political decisions.
- Based on internal regulations or political considerations of the accrediting state.

Common Reasons for Accrediting State’s Decision:
- Reassignment: Typical after the diplomat has completed the fixed tenure.

• Dissatisfaction: If performance is unsatisfactory, the diplomat may be reassigned or removed.

Question 62

Causes of Termination by the Accrediting State: Political or Strategic Changes

Answer 62

Political Shifts:
- New government may prefer diplomats aligned with its policies.

Cooling Relations:
- Temporary withdrawal of the Head of Mission during strained relations, leaving a Chargé d’Affaires ad interim in charge.

Question 63

By the accrediting state: Termination Process for the Head of Mission

Answer 63

Formal Process:
- Presentation of “letters of termination” or “letters of recall” to the Head of State.
- Similar to letters of credence; express reasons for termination formally.

Question 64

By the accrediting state: Farewell Protocols for the Head of Mission

Answer 64

Recognition of Service:
- If relations are positive, “letters of commendation” may be issued by the receiving state in appreciation.

Absence During Termination:
- If the Head of Mission is absent, the successor may deliver termination letters.

Question 65

Causes of Termination by the Receiving State: Grounds of termination:

Answer 65

May be triggered by diplomatic misconduct or hostile acts by the accrediting state.

Question 66

Causes of Termination by the Receiving State: Declaration of Persona Non Grata:

Answer 66

Persona Non Grata Status:
- The receiving state may label a diplomat persona non grata, effectively ending their position.
- Triggered by violations of sovereignty or severe breaches of local laws.
- no justification required

Question 67

Procedure for Declaring Persona Non Grata

Answer 67

Confidential Notice:
- The receiving state typically issues a confidential notification to the accrediting state to remove the diplomat.

Question 68

Impact of Persona Non Grata Status

Answer 68

Consequences:
- The diplomat must leave within a set timeframe or face expulsion.
- The declaration applies regardless of the diplomat’s nationality or residency status.

Question 69

Persona Non Grata Declaration Timing

Answer 69

Timing Flexibility:
- Can be declared before the diplomat arrives in the receiving state or after incidents arise.

No Justification Required:
- The receiving state is not obliged to explain reasons per Article 9 of the Vienna Convention.

Question 70

Use of Persona Non Grata in Political Contexts

Answer 70

Strategic Use:
- Often reflects deeper diplomatic tensions and is typically used in response to significant incidents or disputes.

Question 71

Other Causes of Termination

Answer 71

Personal Decision by the Diplomat
- Voluntary Resignation:
–> May include resignation or retirement upon meeting service requirements.

Natural Causes
- Age and Health:
–> Forced retirement due to age or natural events, including death, can end diplomatic functions.

Question 72

Diplomatic Relationship Shifts:

Answer 72

End of Relations:
- Breaks in diplomatic ties or mission closure will automatically end all diplomats’ functions.

Suspended Relations:
- Temporary suspensions may arise due to political or social crises, affecting the status of all diplomats involved.

Question 73

Key Points on Diplomatic Termination

Answer 73

Multiple Causes:
- Termination may arise from state decisions, personal choices, or natural events.

Legal Provisions:
- The Vienna Convention provides a framework for handling terminations diplomatically.

Question 74

Diplomatic Termination and International Relations

Answer 74

Reflects Relationship Dynamics:
- Termination procedures often indicate the state of international relations and compliance with international law.