Page 17 - Diplomatic Consular Immunity

III. Categories of Persons Entitled to Privileges and Immunities

no personal inviolability, no inviolability of for law enforcement officials to understand
property, and no immunity from the obligation these principles generally, because they could
to provide evidence as witnesses. The families confront a situation wherein a U.S. citizen
of service staff members enjoy no privileges or spouse of a foreign national diplomatic agent
immunities. (who lacks the correct identity documents)
attempts to establish his or her immunity solely
Nationals or Permanent Residents on the basis of proving a relationship with the 9
of the United States diplomatic agent.

The general rules set forth previously assume Special Bilateral Agreements
that the staff members of the diplomatic
mission are nationals of the sending country There are some countries with which
or some third country. The United States, as the United States has concluded bilateral
a matter of policy, does not normally accept agreements that grant to all members of the
as diplomatic agents its own nationals, legal staff of their respective embassies (provided
permanent residents of the United States, that they are nationals of the sending country)
or others who are “permanently resident the privileges and immunities to which only
4
in” the United States. The family members diplomatic agents are normally entitled.
of diplomatic agents enjoy no privileges or Identification cards will reflect this status
immunities if they are nationals of the United but police officers should be aware of this
States. Members of the administrative and distinction because they may have to confront
technical staff (including their families) and situations where a chauffeur or mechanic
members of the service staff enjoy no privileges from the embassy of one of these countries
and immunities if they are U.S. nationals, legal asserts a right to full diplomatic privileges and
permanent residents, or foreign nationals immunities.
“permanently resident in” the United States.
Temporary Duty

Police officers should not have to deal with
this distinction since the U.S. Department Persons sent to the United States on short-
of State issues identification cards (see the term official duty with diplomatic missions
following discussion) with the nationality ordinarily do not enjoy any privileges and
principle in mind. However, it is important immunities (law enforcement authorities

4 A member of a mission, other than a diplomatic agent, “permanently resident in” the United States for purposes of Article 38(2) of
the VCDR and Article 71(2) of the VCCR enjoys no privileges and immunities pursuant to the Vienna Conventions.