Page 21 - Diplomatic Consular Immunity

III. Categories of Persons Entitled to Privileges and Immunities

Waivers not covered by the treaties. In determining
the degree of inviolability or immunity, law
As is the case with diplomatic mission enforcement officers will be guided primarily
personnel, the sending country may always by the identity documents that have been
waive the privileges or immunities of issued to such persons. The following,
members of its consular posts. This is less however, provides a general overview of the
likely to be an issue for consular personnel, distribution of privileges and immunities in 13
however, since their immunities are so connection with international organizations.
limited.
Personnel of International
International Organization Organizations
Personnel and National International organizations that have

Missions to Such headquarters or other offices in the United
Organizations States are staffed with administrative and
executive employees, as necessary, to carry
International organizations, such as the out their functions. The vast majority of these
United Nations, are relatively modern employees enjoy only official acts immunity as
entities. The privileges and immunities of provided for in U.S. domestic legislation (the
the personnel of such organizations and International Organizations Immunities Act,
the personnel of national missions to such 22 U.S.C. 2881) and no personal inviolability.
organizations have a different basis than that In certain cases, however, the most senior
of diplomatic and consular representatives. executives of such organizations have been
In the case of international organizations, accorded privileges and immunities equal
the nations concerned have agreed that the to those afforded diplomatic agents. This
important purposes of such organizations may is the case for the Secretary General of the
be accomplished only if a certain measure United Nations and for all Under Secretaries-
of privileges and immunities are afforded to General and Assistant Secretaries-General
their participants. The nations concerned of the United Nations, Principal Resident
have concluded treaties embodying such Representatives of the International Monetary
grants of privileges and immunities. Some, Fund and the World Bank, as well as some
including the United States, enacted domestic senior officials of the Organization of
legislation granting specific privileges and American States secretariat.
immunities to certain categories of persons