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.
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