Page 20 - Diplomatic Consular Immunity

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

only in respect of official acts. Their family of official acts. They do not enjoy personal
members enjoy no personal inviolability or inviolability and may be arrested pending trial
jurisdictional immunities of any kind. if circumstances should otherwise warrant.
Family members enjoy no immunity or personal
Consular Service Staff inviolability.

Consular service staff do not enjoy personal Honorary consuls are issued official
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inviolability or jurisdictional immunity of any identification cards by the U.S. Department
kind, but they do have immunity from the of State.
obligation to provide evidence as witnesses in
respect of official acts. Their family members Special Bilateral Agreements
enjoy no personal inviolability or jurisdictional
immunity of any kind. In some cases, a country and the United States
have concluded a bilateral consular agreement
Nationals or Permanent Residents that grants to members of the staff of their
of the United States consulates (provided they are not U.S. nationals,
legal permanent residents, or permanently
Consular employees and consular service resident in the United States) privileges and
staff who are U.S. nationals, legal permanent immunities approximating those afforded
residents, or who are permanently resident diplomatic agents. Law enforcement officers
in the United States enjoy no personal should be aware that these arrangements are
inviolability or jurisdictional immunity in the not uniform and the U.S. Department of State
United States. (See footnote 4.) identification cards issued to these persons
reflect the appropriate level of immunity.
Honorary Consuls
Temporary Duty
Honorary consuls are American citizens
or permanent resident aliens who perform Persons sent to the United States on short-term
consular services on a part-time basis. official duty with diplomatic missions ordinarily
Honorary consuls, unlike career consuls, do not enjoy any privileges and immunities (law
are permitted to carry on another business. enforcement authorities should nonetheless
These persons have “official acts” immunity always seek prompt verification from the
only and immunity from the obligation to U.S. Department of State in particular cases
provide evidence as witnesses only in respect involving such individuals).