Page 31 - Diplomatic Consular Immunity
P. 31
V. Terms and Procedures
Termination of Immunity Archives 23
Criminal immunity precludes the exercise of The archives and official documents of a
jurisdiction by the courts over an individual diplomatic or consular post are inviolable
whether the incident occurred prior to or at all times and wherever they may be.
during the period in which such immunity The consular archives and documents of
exists. This jurisdictional bar is, however, a consular post headed by an honorary
not a perpetual benefit. With the exception consular officer are inviolable provided they
of immunity for official acts (which exists are kept separate from other papers and
indefinitely), criminal immunity expires documents of a private or commercial nature
upon the termination of the diplomatic or relating to other activities of an honorary
consular tour of the individual enjoying consular officer or persons working with
immunity. Therefore, obtaining an indictment, that consular officer.
information, or arrest warrant could lay the
basis for a prosecution at a later date, e.g., if
the diplomat returns to the United States at a
later date in a private capacity. Moreover, the
existence of an outstanding arrest warrant
may be entered into the records of the
National Crime Information Center (NCIC)
and thus serve to bar the subsequent issuance
of a U.S. visa permitting such person to enter
the United States.