DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

DIPLOMATIC IMMUNITIES AND PRIVILEGES

CHAPTER 191

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

To make provision for certain immunities and privileges of diplomatic and consular

representatives, international organizations and representatives thereof and certain other

persons and for purposes incidental to or connected with the matters aforesaid.

14th January, 1966

ACT I of 1966, as amended by Acts XIV of 2000 and III of 2004 .

The title of this Act is Diplomatic Immunities and

Privileges Act.

[A RTICLE 3]

A RTICLES O F T HE V IENNA C ONVENTION O N D IPLOMATIC R ELATIONS H AVING T HE F ORCE O F

L AW I N M ALTA

A RTICLE 1

For the purpose of the present Convention, the following expressions shall have

the meanings hereunder assigned to them

(a) the "head of the mission" is the person charged by the sending State

with the duty of acting in that capacity;

(b) the "members of the mission" are the head of the mission and the

members of the staff of the mission;

(c) 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;

(d) the "members of the diplomatic staff " are the members of the staff of

the mission having diplomatic rank;

(e) a "diplomatic agent" is the head of the mission or a member of the

diplomatic staff of the mission;

(f) the "members of the administrative and technical staff" are the members

of the staff of the mission employed in the administrative and technical

service of the mission;

(g) the "members of the service staff " are the members of the staff of the

mission in the domestic service of the mission;

(h) a "private servant" is a person who is in the domestic service of a

member of the mission and who is not an employee of the sending State;

(i) the "premises of the mission" are the buildings or parts of buildings and

the land ancillary thereto, irrespective of ownership, used for the

purposes of the mission including the residence of the head of the

mission.

A RTICLE 22

1. The premises of the mission shall be inviolable. The agents of the receiving

State may not enter them, except with the consent of the head of the mission.

2. The receiving State is under a special duty to take all appropriate steps to

protect the premises of the mission against any intrusion or damage and to prevent

any disturbance of the peace of the mission or impairment of its dignity.

3. 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.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

A RTICLE 23

1. The sending State and the head of the mission shall be exempt from all

national, regional or municipal dues and taxes in respect of the premises of the

mission, whether owned or leased, other than such as represent payment for specific

services rendered.

2. The exemption from taxation referred to in this Article shall not apply to

such dues and taxes payable under the law of the receiving State by persons

contracting with the sending State or the head of the mission.

A RTICLE 24

The archives and documents of the mission shall be inviolable at any time and

wherever they may be.

A RTICLE 27

l.

The receiving State shall permit and protect free communication on the part

of the mission for all official purposes. In communicating with the Government and

other missions and consulates of the sending State, wherever situated, the mission

may employ all appropriate means, including diplomatic couriers and messages in

code or cipher. However, the mission may install and use a wireless transmitter only

with the consent of the receiving State.

2. The official correspondence of the mission shall be inviolable. Official

correspondence means all correspondence relating to the mission and its functions.

3. The diplomatic bag shall not be opened or detained.

4. The packages constituting the diplomatic bag must bear visible external

marks of their character and may contain only diplomatic documents or articles

intended for official use.

5. The diplomatic courier, who shall be provided with an official document

indicating his status and the number of packages constituting the diplomatic bag,

shall be protected by the receiving State in the performance of his functions. He shall

enjoy personal inviolability and shall not be liable to any form of arrest or detention.

6. The sending State or the mission may designate diplomatic couriers ad hoc.

In such cases the provisions of paragraph 5 of this Article shall also apply, except

that the immunities therein mentioned shall cease to apply when such a courier has

delivered to the consignee the diplomatic bag in his charge.

7. A diplomatic bag may be entrusted to the captain of a commercial aircraft

scheduled to land at an authorized port of entry. He shall be provided with an official

document indicating the number of packages constituting the bag but he shall not be

considered to be a diplomatic courier. The mission may send one of its members to

take possession of the diplomatic bag directly and freely from the captain of the

aircraft.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

A RTICLE 28

The fees and charges levied by the mission in the course of its official duties shall

be exempt from all dues and taxes.

A RTICLE 29

The person of a diplomatic agent shall be inviolable. He shall not be liable to any

form of arrest or detention. The receiving State shall treat him with due respect and

shall take all appropriate steps to prevent any attack on his person, freedom or

dignity.

A RTICLE 30

1. The private residence of a diplomatic agent shall enjoy the same

inviolability and protection as the premises of the mission.

2. His papers, correspondence and, except as provided in paragraph 3 of

Article 31, his property, shall likewise enjoy inviolability.

A RTICLE 31

1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of

the receiving State. He shall also enjoy immunity from its civil and administrative

jurisdiction, except in the case of

(a) a real action relating to private immovable property situated in the

territory of the receiving State, unless he holds it on behalf of the

sending State for the purposes of the mission;

(b) an action relating to succession in which the diplomatic agent is

involved as executor, administrator, heir or legatee as a private person

and not on behalf of the sending State;

(c) an action relating to any professional or commercial activity exercised

by the diplomatic agent in the receiving State outside his official

functions.

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

3. No measures of execution may be taken in respect of a diplomatic agent

except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of

this Article, and provided that the measures concerned can be taken without

infringing the inviolability of his person or of his residence.

4. The immunity of a diplomatic agent from the jurisdiction of the receiving

State does not exempt him from the jurisdiction of the sending State.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

A RTICLE 32

1. The immunity from jurisdiction of diplomatic agents and of persons

enjoying immunity under Article 37 may be waived by the sending State.

2. The waiver must always be express.

3. The initiation of proceedings by a diplomatic agent or by a person enjoying

immunity from jurisdiction under Article 37 shall preclude him from invoking

immunity from jurisdiction in respect of any counter-claim directly connected with

the principal claim.

4. Waiver of immunity from jurisdiction in respect of civil or administrative

proceedings shall not be held to imply waiver of immunity in respect of the

execution of the judgment, for which a separate waiver shall be necessary.

A RTICLE 33

1. Subject to the provisions of paragraph 3 of this Article, a diplomatic agent

shall with respect to services rendered for the sending State be exempt from social

security provisions which may be in force in the receiving State.

2. The exemption provided for in paragraph 1 of this Article shall also apply to

private servants who are in the sole employ of a diplomatic agent, on condition

(a) that they are not nationals of or permanently resident in the receiving

State; and

(b) that they are covered by the social security provisions which may be in

force in the sending State or a third State.

3. A diplomatic agent who employs persons to whom the exemption provided

for in paragraph 2 of this Article does not apply shall observe the obligations which

the social security provisions of the receiving State impose upon employers.

4. The exemption provided for in paragraphs 1 and 2 of this Article shall not

preclude voluntary participation in the social security system of the receiving State

provided that such participation is permitted by that State.

5. The provisions of this Article shall not affect bilateral or multilateral

agreements concerning social security concluded previously and shall not prevent

the conclusion of such agreements in the future.

A RTICLE 34

A diplomatic agent shall be exempt from all dues and taxes, personal or real,

national, regional or municipal, except

(a) indirect taxes of a kind which are normally incorporated in the price of

goods or services;

(b) dues and taxes on private immovable property situated in the territory of

the receiving State, unless he holds it on behalf of the sending State for

the purposes of the mission;

(c) estate, succession or inheritance duties levied by the receiving State,

DIPLOMATIC IMMUNITIES AND PRIVILEGES

subject to the provisions of paragraph 4 of Article 39;

(d) dues and taxes on private income having its source in the receiving State

and capital taxes on investments made in commercial undertakings in

the receiving State;

(e) charges levied for specific services rendered;

(f) registration, court or record fees, mortgage dues and stamp duty, with

respect to immovable property, subject to the provisions of Article 23.

A RTICLE 35

The receiving State shall exempt diplomatic agents from all personal services,

from all public service of any kind whatsoever, and from military obligations such as

those connected with requisitioning, military contributions and billeting.

A RTICLE 36

l.

The receiving State shall, in accordance with such laws and regulations as it

may adopt, permit entry of and grant exemption from all customs duties, taxes, and

related charges other than charges for storage, cartage and similar services, on

(a) articles for the official use of the mission;

(b) articles for the personal use of a diplomatic agent or members of his

family forming part of his household, including articles intended for his

establishment.

2. The personal baggage of a diplomatic agent shall be exempt from inspection,

unless there are serious grounds for presuming that it contains articles not covered

by the exemptions mentioned in paragraph 1 of this Article, or articles the import or

export of which is prohibited by the law or controlled by the quarantine regulations

of the receiving State. Such inspection shall be conducted only in the presence of the

diplomatic agent or of his authorized representative.

A RTICLE 37

1. The members of the family of a diplomatic agent forming part of his

household shall, if they are not nationals of the receiving State, enjoy the privileges

and immunities specified in Articles 29 to 36.

2. Members of the administrative and technical staff of the mission, together

with members of their families forming part of their respective households, shall, if

they are not nationals of or permanently resident in the receiving State, enjoy the

privileges and immunities specified in Articles 29 to 35, except that the immunity

from civil and administrative jurisdiction of the receiving State specified in

paragraph 1 of Article 31 shall not extend to acts performed outside the course of

their duties. They shall also enjoy the privileges specified in Article 36, paragraph 1,

in respect of articles imported at the time of first installation.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

3. Members of the service staff of the mission who are not nationals of or

permanently resident in the receiving State shall enjoy immunity in respect of acts

performed in the course of their duties, exemption from dues and taxes on the

emoluments they receive by reason of their employment and the exemption

contained in Article 33.

4. Private servants of members of the mission shall, if they are not nationals of

or permanently resident in the receiving State, be exempt from dues and taxes on the

emoluments they receive by reason of their employment. In other respects, they may

enjoy privileges and immunities only to the extent admitted by the receiving State.

However, the receiving State must exercise its jurisdiction over those persons in

such a manner as not to interfere unduly with the performance of the functions of the

mission.

A RTICLE 38

1. Except in so far as additional privileges and immunities may be granted by

the receiving State, a diplomatic agent who is a national of or permanently resident

in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect

of official acts performed in the exercise of his functions.

2. Other members of the staff of the mission and private servants who are

nationals of or permanently resident in the receiving State shall enjoy privileges and

immunities only to the extent admitted by the receiving State. However, the

receiving State must exercise its jurisdiction over those persons in such a manner as

not to interfere unduly with the performance of the functions of the mission.

A RTICLE 39

l.

Every person entitled to privileges and immunities shall enjoy them from the

moment he enters the territory of the receiving State on proceeding to take up his

post or, if already in its territory, from the moment when his appointment is notified

to the Ministry for Foreign Affairs or such other ministry as may be agreed.

2. When the functions of a person enjoying privileges and immunities have

come to an end, such privileges and immunities shall normally cease at the moment

when he leaves the country, or on expiry of a reasonable period in which to do so,

but shall subsist until that time, even in case of armed conflict. However, with

respect to acts performed by such a person in the exercise of his functions as member

of the mission, immunity shall continue to subsist.

3. In case of the death of a member of the mission, the members of his family

shall continue to enjoy the privileges and immunities to which they are entitled until

the expiry of a reasonable period in which to leave the country.

4. In the event of the death of a member of the mission not a national of or

permanently resident in the receiving State or a member of his family forming part of

his household, the receiving State shall permit the withdrawal of the movable

property of the deceased, with the exception of any property acquired in the country

the export of which was prohibited at the time of his death. Estate, succession and

inheritance duties shall not be levied on movable property the presence of which in

the receiving State was due solely to the presence there of the deceased as a member

of the mission or as a member of the family of a member of the mission.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

A RTICLE 40

1. If a diplomatic agent passes through or is in the territory of a third State,

which has granted him a passport visa if such visa was necessary, while proceeding

to take up or to return to his post, or when returning to his own country, the third

State shall accord him inviolability and such other immunities as may be required to

ensure his transit or return. The same shall apply in the case of any members of his

family enjoying privileges or immunities who are accompanying the diplomatic

agent, or travelling separately to join him or to return to their country.

2. In circumstances similar to those specified in paragraph 1 of this Article,

third States shall not hinder the passage of members of the administrative and

technical or service staff of a mission, and of members of their families, through

their territories.

3. Third States shall accord to official correspondence and other official

communications in transit, including messages in code or cipher, the same freedom

and protection as is accorded by the receiving State. They shall accord to diplomatic

couriers, who have been granted a passport visa if such visa was necessary, and

diplomatic bags in transit the same inviolability and protection as the receiving State

is bound to accord.

4. The obligations of third States under paragraphs 1, 2 and 3 of this Article

shall also apply to the persons mentioned respectively in those paragraphs, and to

official communications and diplomatic bags, whose presence in the territory of the

third State is due to force majeure.

(1)

In this Act, unless the context otherwise requires -

"consular officer" means any person appointed as consul-general,

consul, vice-consul or consular agent by a foreign State and

holding a valid exequatur or other authorization to act in Malta in

that capacity;

"consular employee" means any person, other than a consular

officer, employed in the administrative or technical service of a

consular post;

"consular post" means any consulate-general, consulate, vice-

consulate or consular agency;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"members of a consular post" means consular officers, consular

employees and persons employed in the domestic service of a

consular post;

"the Minister" means the Minister for the time being responsible

for external affairs.

(2) References in this Act to "consular officer", "consular

employees" and "members of a consular post" shall be construed as

including references to persons in the service of any

Commonwealth country other than Malta holding such offices or

classes of offices as may be specified by the Minister by notice in

the Government Gazette being offices or classes of offices

appearing to the Minister to involve the performance of duties

substantially corresponding to those which, in the case of a foreign

S t a t e , w o u l d b e p e r f o r m e d b y c o n s u l a r o ff i c e r s , c o n s u l a r

employees and members of a consular post respectively and

references to "consular post" shall be construed accordingly.

(3) The Minister may compile a list of Commonwealth

countries for the purposes of this Act and shall cause such list and

any amendment of such list or amended list to be published by

notice in the Government Gazette.

PART II

DIPLOMATIC IMMUNITIES AND PRIVILEGES

[Article 5]

I NTERNATIONAL O RGANIZATION A ND P ERSONS C ONNECTED T HEREWITH

PART I

I MMUNITIES A ND P RIVILEGES O F T HE O RGANIZATION

1. Immunity from suit and legal process.

2. The like inviolability of official archives and premises occupied as offices as

is accorded in respect of the official archives and premises of a head of mission of a

sending State.

3. The like exemption or relief from taxes, duties, rates and fees other than

duties on the importation of goods, as is accorded to a sending State.

4. Exemption from duties on the importation of goods directly imported by the

organization for its official use in Malta or for exportation, or on the importation of

any publications of the organization directly imported by it, such exemption to be

subject to compliance with such conditions as the Minister responsible for finance or

any public officer delegated by him in that behalf may prescribe for the protection of

the revenue.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

5. Exemption from prohibitions and restrictions on importation or exportation

in the case of goods directly imported or exported by the organization for its official

use and in the case of any publications of the organization directly imported or

exported by it.

6. The right to avail itself, for telegraphic communications sent by it and

containing only matter intended for publication by the press or for broadcasting

(including communications addressed to or despatched from places outside Malta),

of any reduced rates applicable for the corresponding service in the case of press

telegrams.

PART II

I MMUNITIES A ND P RIVILEGES O F H IGH O FFICERS , R EPRESENTATIVES , M EMBERS O F

C OMMITTEES A ND P ERSONS O N M ISSIONS

1. The like immunity from suit and legal process as is accorded to a head of

mission of a sending State.

2. The like inviolability of residence as is accorded to such a head of mission.

3. The like exemption or relief from taxes, duties, rates and fees as is accorded

to such a head of mission.

PART III

I MMUNITIES A ND P RIVILEGES O F O THER O FFICERS A ND S ERVANTS

1. Immunity from suit and legal process in respect of things done or omitted to

be done in the course of the performance of official duties.

2. Exemption from income tax in respect of emoluments received as an officer

or servant of the organization.

PART IV

I MMUNITIES A ND P RIVILEGES O F O FFICIAL S TAFF A ND O F H IGH

O FFICER ’ S F AMILY

1. Where any person is entitled to any such immunities and privileges as are

mentioned in Part II of this Schedule as a representative on any organ of the

organization or a member of any committee of the organization or of an organ

thereof, his official staff accompanying him as such a representative or member shall

also be entitled to those immunities and privileges to the same extent as the retinue

of a head of mission of a sending State is entitled to the immunities and privileges

accorded to the head of mission.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

2. Where any person is entitled to any such immunities and privileges as are

mentioned in Part II of this Schedule as an officer of the organization, that person’s

wife or husband and children under the age of twenty-one years shall also be entitled

to those immunities and privileges to the same extent as the wife or husband and

children of a head of mission of a sending State are entitled to the immunities and

privileges accorded to the head of mission.

(1) Subject to the provisions of article 12 of this Act, the

Articles set out in the First Schedule to this Act (being Articles of

the Vienna Convention on Diplomatic Relations signed in 1961)

shall have the same force of law in Malta and shall for the purpose

be construed in accordance with the following provisions of this

article.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

(2)

In those Articles -

"agents of the receiving State" shall be construed as including

any member of the Malta Police Force and any person exercising a

power of entry to any premises under any law;

"the receiving State" shall be construed as meaning Malta;

"national of the receiving State" shall be construed as meaning

citizen of Malta.

(3) For the purpose of Article 32 a waiver by the head of the

mission of any State or any person for the time being performing

his functions shall be deemed to be a waiver by that State.

(4) Articles 35, 36 and 40 shall be construed as granting any

privilege or immunity which they require to be granted.

(5) The references in Articles 37 and 38 to the extent to which

any privileges and immunities are admitted by the receiving State

and to additional privileges and immunities that may be granted by

the receiving State shall be construed as referring respectively to

the extent to which any privileges and immunities may be specified

by the Minister by order published in the Government Gazette and

to any additional privileges and immunities that may be so

specified.

Without in any way limiting the privileges and immunities

conferred on consular officers and consular employees by the

Consular Conventions Act, and subject to the provisions of the

present Act, the Minister may by order, to the extent specified

therein, exempt members of a consular post and members of their

families from taxes, duties, rates, fees or other dues levied by the

Government of Malta or a local authority

Provided that this article -

(a) shall not apply to any member of a consular post who

is a citizen of Malta or is permanently resident in

Malta; and

(b) shall not affect any power to grant exemption as

aforesaid under any other law.

PART III

INTERNATIONAL ORGANIZATIONS AND PERSONS CONNECTED

THEREWITH

(1)

This Part shall apply

(a) to any organization which the Minister may by order

declare to be an organization of which Malta or the

Government thereof and one or more other States or

the government or governments thereof are members;

(b) to the European Investment Bank; and

(c) to any organization which the House of

DIPLOMATIC IMMUNITIES AND PRIVILEGES

Representatives may by Resolution declare to be an

organization with which Malta, or the government

thereof, will be establishing or has already established

a contractual relationship.

(2)

The Minister may from time to time by order -

(a) provide that any organization to which this article

applies (hereinafter referred to as "the organization")

shall, to such extent as may be specified in the order,

have the immunities and privileges set out in Part I of

the Second Schedule to this Act and shall also have the

legal capacities of a juridical person;

(b) confer upon -

(i) any persons who are representatives (whether of

governments or not) on any organ of the

organization or are members of any committee

of the organization or of any organ thereof;

(ii) such officers or classes of officers of the

organization as may be specified in the order,

being the holders of such high offices in the

organization as may be so specified; and

(iii) such persons employed on missions on behalf of

the organization as may be specified in the order,

to such extent as may be specified in the order, the

immunities and privileges set out in Part II of the

Second Schedule to this Act;

(c) confer upon such other classes of officers and servants

of the organization as may be specified in the order, to

such extent as may be so specified, the immunities and

privileges set out in Part III of the Second Schedule to

this Act;

and Part IV of the Second Schedule to this Act shall have effect for

the purpose of extending to the staffs of such representatives and

members as are mentioned in sub-paragraph (i) of paragraph (b) of

this sub-article and to the families of officers of the organization,

any immunities and privileges conferred on the representatives,

members or officers under that paragraph, except in so far as the

operation of the said Part IV is excluded by the order conferring the

immunities and privileges.

(3) An order made under this article may, notwithstanding any

provision of any written law, including this Act, confer on any

organization or person any immunities or privileges which are

required to be conferred on that organization or person in order to

give effect to any international agreement in that behalf but shall

not confer any immunities or privileges greater in extent than those

so required as aforesaid or confer any immunity or privilege upon

any person as the representative of the Government of Malta or as a

member of the staff of such a representative.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

The Minister may from time to time by order confer on the

judges and registrars of the International Court of Justice

established by the Charter of the United Nations, and of any other

international judicial institution approved by the Minister, and on

suitors to that Court or to any such institution and their agents,

counsel and advocates, or to witnesses, experts or other persons

whatsoever having business before such Court or such institution

such immunities, privileges and facilities as may be required to

give effect to any resolution of, or convention approved by, the

General Assembly of the United Nations or, in the case of any such

institution as aforesaid, as the Minister may deem necessary for the

proper discharge of its functions.

(1) Where a conference is held in Malta and is attended by

the representatives of the Government of Malta and the government

or governments of one or more other States, the Minister may

compile such list of the representatives of the last-mentioned

government or governments and of the members of his official

staffs as he shall think proper, and shall cause such list and any

amendment of such list or amended list to be published by notice in

the Government Gazette, and, subject to the provisions of this Act,

every representative of the government of such State who is for the

time being included in the list shall be entitled to the like

immunities as are awarded to a head of mission of a sending State

accredited to Malta and to members of the official staff of such a

head of mission respectively.

(2) Every list or amendment thereof published under this article

shall include a statement of the date from which the list or

amendment, as the case may be, takes or took effect.

PART IV

GENERAL

The Minister shall compile a list of the persons appearing

to him to be entitled to immunities or privileges by or under the

provisions of this Act, except -

(a) children under the age of eighteen years of a person so

entitled; and

(b) any person whose name appears on a list published

under article 7 of this Act,

and he shall from time to time amend the list and shall cause the list

and any amendment of such list or amended list to be published in

the Government Gazette.

If in any proceedings any question arises whether or not

any person or any organization is entitled to immunities or

privileges by or under the provisions of this Act, a certificate

issued by or under the authority of the Minister stating any fact

relevant to that question shall be conclusive evidence of that fact.

(1) A consular officer or any person for the time being

DIPLOMATIC IMMUNITIES AND PRIVILEGES

performing the functions of a consular officer may waive any

immunity or privilege conferred under the provisions of this Act on

him or on another member of the consular post of which for the

time being he is in charge and such waiver shall be express and

shall be communicated to the Government of Malta in writing.

(2) Any immunity or privilege conferred under the provisions

of articles 5, 6 and 7 of this Act may be waived in such manner as

may be prescribed by the Minister in the relative order or notice.

(1) Any article which is imported or taken out of bond

without payment of customs duty in pursuance of any immunity or

privilege conferred by or under the provisions of this Act shall not

be sold or otherwise disposed of to a person who is not entitled to

the like immunity or privilege except with the consent of the

Comptroller of Customs and upon the payment to him of customs

duty thereon at the rate required according to the law relating to the

payment of customs duty.

(2) Any exemption from customs duty granted to any person by

or under this Act shall not be construed as exempting that person

from compliance with the formalities in respect of the importation

of goods which are prescribed in any law relating to customs or the

importation of goods.

(3) Any exemption from taxes, duties, rates, fees or other dues

to which this Act relates shall be subject to compliance with such

conditions as the Minister responsible for finance or any public

officer delegated by him in that behalf may prescribe for the

protection of the revenue.

(1) If it appears to the Minister that the immunities and

privileges accorded to a mission or consular post of Malta in the

territory of any State, or to persons connected with that mission or

consular post, are less than those conferred by or under the

provisions of this Act on the mission or consular post of that State

or on persons connected with that mission or consular post, the

Minister may by order withdraw such of the immunities and

privileges so conferred from the mission or consular post of that

State or from such persons connected therewith as appears to the

Minister to be proper.

(2) Nothing in this Act shall be construed as precluding the

Minister from declining to accord immunities or privileges to, or

withdrawing immunities or privileges from, nationals or

representatives of any State on the ground that the State is failing to

accord corresponding immunities or privileges to citizens or

representatives of Malta.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

PART V

MISCELLANEOUS PROVISIONS

Where there is any conflict or inconsistency between any

provision of this Act or of any order or notice made or issued

thereunder and any provision of any other written law other than

the Consular Conventions Act, then the provision of this Act or of

the order or notice made or issued thereunder shall prevail, and the

provision of that written law shall, to the extent of the conflict or

inconsistency, have no effect.

DIPLOMATIC IMMUNITIES AND PRIVILEGES

SCHEDULES