Consular immunity

Consular immunity privileges are described in the Vienna Convention on Consular Relations of 1963 (VCCR).¹² 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.

Consular and diplomatic immunity in the US

Category		May be arrested or detained	Residence may be entered subject to ordinary procedures	May be issued traffic ticket	May be subpoenaed as witness	May be prosecuted for unofficial acts	Official family member
Diplomatic	Diplomatic agent	No^a	No	Yes	No	No	Same as sponsor
	Member of administrative and technical staff	No^a	No	Yes	No	No	Same as sponsor
	Service staff	Yes^b	Yes	Yes	Yes	Yes^b	No^b
Consular	Career consular officers	Yes, if for a felony and pursuant to a warrant.^b	Yes^c	Yes	No, for official acts. Testimony may not be compelled in any case.	Yes^d	No^b
	Honorary consular officers	Yes	Yes	Yes	No, for official acts. Yes, in all other cases	Yes	No
	Consular employees	Yes^b	Yes	Yes	No, for official acts. Yes, in all other cases	Yes^b	No^b
International organization	Diplomatic-level staff of missions to international organizations	No^a	No	Yes	No	No	Same as sponsor
	International organization staff^d	Yes^d	Yes^d	Yes	No, for official acts. Yes, in all other cases	Yes^d	No^b
	Support staff of missions to international organizations	Yes	Yes	Yes	No, for official acts. Yes, in all other cases	Yes	No
Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or the prevention of serious criminal acts. 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. 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. 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

References

"1963 Vienna convention on consular relations" (PDF). Archived from the original (PDF) on 2011-08-13. Retrieved 2011-02-17.
"Vienna Convention on Consular Relations" (PDF). 1963. Archived from the original (PDF) on 2013-10-17.
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.

External links

[one-3] Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or the prevention of serious criminal acts.

[two-4] 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.

[four-5] 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.

[three-6] A small number of senior officers are entitled to be treated identically to "diplomatic agents".

[1] "1963 Vienna convention on consular relations" (PDF). Archived from the original (PDF) on 2011-08-13. Retrieved 2011-02-17.

[2] "Vienna Convention on Consular Relations" (PDF). 1963. Archived from the original (PDF) on 2013-10-17.

[state6-7] 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.

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