Page 48 - Diplomatic Consular Immunity

APPENDIX C

DIPLOMATIC AND CONSULAR PRIVILEGES AND
IMMUNITIES FROM CRIMINAL JURISDICTION

LAW ENFORCEMENT ASPECTS SUMMARY

Enter Residence Issued
Arrested Subpoenaed Recognized
Category or Detained? Subject to Ordinary Traffic as Witness? Prosecuted? Family Member?
40 Procedures? Citation?
No—for official acts. Official acts immunity. No immunity
International Organization Staff 3 Yes Yes Yes Yes, in all other cases. Consult Dept. of State. or inviolability.
International Organizations Diplomatic-Level Staff of Missions No 1 No Yes No No (full immunity and inviolability).
Same as sponsor
to International Organizations
No—for official acts.
Support Staff of Missions
Consult Dept. of State.
to International Organizations Yes Yes Yes Yes, in all other cases. Official acts immunity. No immunity or inviolability.
Same as sponsor
Diplomatic Agent No 1 No Yes No No
(full immunity and inviolability).
Diplomatic Member of Administrative No 1 No Yes No No (full immunity and inviolability).
Same as sponsor
and Technical Staff

Service Staff 2 Yes Yes Yes Yes Official acts immunity. No immunity or inviolability.
Consult Dept. of State.

No, except in the case of a felony and No—for official acts. Official acts immunity.
Career Consular Officers 2 pursuant to a warrant. Yes 4 Yes Testimony may not be Consult Dept. of State. No immunity or inviolability.
compelled in any case.
Consular Honorary Consular Officers Yes Yes Yes Yes, in all other cases. Official acts immunity. No immunity or inviolability.
No—for official acts.
Consult Dept. of State.

No—for official acts. Official acts immunity.
Consular Employees 2 Yes Yes Yes No immunity or inviolability.
Yes, in all other cases. Consult Dept. of State.
Immunity from criminal jurisdiction,
TECRO Designated Employee No No Yes No No arrest, and detention.
TECRO/TECO TECO Head/Deputy Head No, except in the case of a felony and Yes Yes Yes, in all other cases. Official acts immunity. No immunity or inviolability.
No—for official acts.
pursuant to a warrant.
Consult AIT.
TECO Designated Employee Yes Yes Yes No—for official acts. Official acts immunity. No immunity or inviolability.
Yes, in all other cases. Consult AIT.

1 Reasonable constraints, however, may be applied in emergency circumstances
involving self-defense, public safety, or the prevention of serious criminal acts.
2 This table presents general rules. The employees of certain foreign countries may enjoy higher levels of
privileges and immunities on the basis of special bilateral agreements.

3 A small number of senior officers are entitled to be treated identically to “diplomatic agents.”
4 Note that consular residences are sometimes located within the official consular premises. In such cases,
only the official office space is protected from police entry.