Consular immunity

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Consular immunity privileges are described in the Vienna Convention on Consular Relations of 1963 (VCCR). [1] [2] Consular immunity offers protections similar to diplomatic immunity, but these protections are not as extensive, given the functional differences between consular and diplomatic officers. For example, consular officers are not accorded absolute immunity from a host country’s criminal jurisdiction, they may be tried for certain local crimes upon action by a local court, and are immune from local jurisdiction only in cases directly relating to consular functions.

Contents

Consular and diplomatic immunity in the US

CategoryMay be arrested or detainedResidence may be entered subject to ordinary proceduresMay be issued traffic ticketMay be subpoenaed as witnessMay be prosecuted for unofficial actsOfficial family member
DiplomaticDiplomatic agentNo [lower-alpha 1] NoYesNoNoSame as sponsor
Member of administrative and technical staffNo [lower-alpha 1] NoYesNoNoSame as sponsor
Service staffYes [lower-alpha 2] YesYesYesYes [lower-alpha 2] No [lower-alpha 2]
ConsularCareer consular officersYes, if for a felony and pursuant to a warrant. [lower-alpha 2] Yes [lower-alpha 3] YesNo, for official acts. Testimony may not be compelled in any case.Yes [lower-alpha 4] No [lower-alpha 2]
Honorary consular officersYesYesYesNo, for official acts. Yes, in all other casesYesNo
Consular employeesYes [lower-alpha 2] YesYesNo, for official acts. Yes, in all other casesYes [lower-alpha 2] No [lower-alpha 2]
International organizationDiplomatic-level staff of missions to international organizationsNo [lower-alpha 1] NoYesNoNoSame as sponsor
International organization staff [lower-alpha 4] Yes [lower-alpha 4] Yes [lower-alpha 4] YesNo, for official acts. Yes, in all other casesYes [lower-alpha 4] No [lower-alpha 2]
Support staff of missions to international organizationsYesYesYesNo, for official acts. Yes, in all other casesYesNo
  1. 1 2 3 Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or the prevention of serious criminal acts.
  2. 1 2 3 4 5 6 7 8 9 This table presents general rules. Particularly in the cases indicated, the employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements.
  3. 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.
  4. 1 2 3 4 5 A small number of senior officers are entitled to be treated identically to "diplomatic agents".

Procedure

Procedurally, official acts immunity is raised as an affirmative defense. [3]

See also

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References

  1. "Archived copy" (PDF). Archived from the original (PDF) on 2011-08-13. Retrieved 2011-02-17.{{cite web}}: CS1 maint: archived copy as title (link)
  2. http://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf [ bare URL PDF ]
  3. Bureau of Diplomatic Security (July 2011). "Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities" (PDF). US Department of State. p. 6. Retrieved 2013-12-30.