Foreign flags in Austria

Vienna is home to many embassies and international organisations, including the UN, the OSCE and OPEC. Foreign flags are therefore a familiar sight in Austria, and hotels, businesses and sports organisers often show them too. There is no law regulating the hoisting of foreign flags. There are, however, protocol rules, special rights for missions and protection under criminal law.

Foreign flags only together with red-white-red

The Austrian Armed Forces’ flag order and the Ministry of the Interior’s article state the same basic rule: foreign and international flags are hoisted only together with the Austrian national flag or the federal service flag. For the authorities this is established practice, for private individuals a guideline. The Coat of Arms Act and other laws contain no rule on it.

Order of national flags

The flag of the host country, red-white-red in Austria, takes the place of honour. Under the Armed Forces’ flag order and the Styrian flag guide, the other national flags follow in alphabetical order of their German names – Germany (Deutschland) thus comes before France (Frankreich), and Poland (Polen) before Sweden (Schweden). According to the Ministry of the Interior, more than five flags are arranged alphabetically. Then come the flags of the federal states, and only then those of international organisations.

As a special mark of respect, the place of honour can be given to a guest. For state visits, the Armed Forces’ flag order provides for hoisting the flag of the guest’s nation in addition to the service flag. Where the place of honour is with two, three or more poles is described in the guide to flag protocol.

Same size, same height

• All flags hang on poles of the same height, each on its own pole.
• According to the Ministry of the Interior, each flag’s national format and the correct position of its design are respected. Some flags have different proportions from the 2:3 common in Austria; the Armed Forces’ flag order gives Switzerland and the Vatican with 1:1 and the United Kingdom with 1:2 as examples.

Embassies and consulates

Under Article 20 of the Vienna Convention on Diplomatic Relations, in force in Austria since 1966, the mission and its head have the right to use the flag and emblem of the sending state on the premises of the mission, at the residence and on the means of transport of the head of mission. Article 29 of the Vienna Convention on Consular Relations gives consulates a corresponding right. Both conventions were concluded in Vienna.

Protection under criminal law

Section 317 StGB makes it an offence to disparage foreign symbols: anyone who publicly and maliciously insults, scorns or otherwise disparages a flag or emblem of a foreign state or an intergovernmental organisation that has been displayed by an Austrian authority or by a mission under international law commits an offence. The penalty is up to six months’ imprisonment or up to 360 daily rates. For the flags of Austria and its federal states, section 248 StGB applies.

According to its wording, the provision protects flags displayed by an authority or a mission, not every foreign flag in private hands.

Foreign flags at businesses

Hotels, exporters and international companies often show the flags of their guests or markets. The usual order there too is Austria in the place of honour, then the national flags alphabetically, then state, EU and company flags where relevant. Whether a pole with a company flag counts as an advertising installation is described in the guide to flagpoles for businesses.