2003 Press Releases

Diplomatic Note to Turkmen Foreign Ministry Regarding American Center Eviction Notice

Aug. 19, 2003

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of Turkmenistan and to Diplomatic Missions and International Organizations accredited in Turkmenistan, and has the honor to convey to the Ministry its strenuous protest of the Government of Turkmenistan's attempt to order the Public Affairs Section of the Embassy to vacate its offices in the World Trade Complex. While expressing "technical" concerns about the building last week, the Ministry repeatedly communicated to the Embassy that it would arrange discussions on the matter to find a mutually acceptable means to resolve the matter. Therefore, the August 18 vacate letter ordered by the Government represents a serious breach of those assurances.

These offices are an integral part of the Embassy and thus constitute part of the "premises of the mission" accorded all the privileges and immunities of a mission under the Vienna Convention on Diplomatic Relations (VCDR). Article 22 of the VCDR protects the premises of our Public Affairs Section and American Center against unauthorized entrance by agents of the host country:

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.

Furthermore, Article 24 states, "The archives and documents of the mission shall be inviolable at any time and wherever they may be." The Public Affairs Section and American Center have full immunity from unauthorized entrance or inspection by agents of the Government of Turkmenistan and cannot be evicted from its premises.

The Embassy further notes that Articles 21 and 25 of the VCDR mandate that a host country facilitate the acquisition of appropriate premises necessary to a diplomatic mission and "accord full facilities for the performance of the functions of the mission." The Government of Turkmenistan's attempt to evict the Public Affairs Section and American Center from their office space appears inconsistent with international law and the spirit of cooperative diplomatic relations, and constitutes a serious political provocation.

The Embassy anticipates that the Ministry, in conjunction with all appropriate offices and responsible competent authorities, will immediately respond and withdraw the letter purporting to require the Embassy and the American Center to vacate their offices.

The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs of Turkmenistan, Diplomatic Missions and International Organizations accredited in Turkmenistan the assurances of its highest consideration.

Embassy of the United States of America
Ashgabat, August 19, 2003