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中华人民共和国外交特权与豁免条例
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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 children 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

Diplomatic 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 Government 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 treatment as specified in the relevant international conventions to which China has acceded and agreements which China has concluded with the international organizations concerned.




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