Diplomatic Immunity:

Diplomatic immunity, a principle of international law, is broadly defined as the freedom from local jurisdiction accorded to duly accredit diplomatic officers, their families, and servants. Diplomatic officers should not be arrested or detained for any offense, and foreign career consular officers should not be arrested or detained except for the commission of a grave crime. Family members of diplomatic officers, their servants, and employees of a diplomatic mission are entitled to the same immunities under current United States Law (22 U.S.C. 252), if they are not nationals of or permanently resident in the receiving state.

Associated with this personal diplomatic immunity is the inviolability enjoyed by the premises of the mission of the sending state and private residence of a diplomatic agent, her/his property, papers and correspondence.

Diplomatic Officers:

Ambassadors and ministers are the highest-ranking diplomatic representatives of a foreign government. Other diplomatic titles are minister counselor, counselor, first secretary, second secretary, third secretary, and attach. The officials are located either in Washington, D.C., or in New York City. Diplomatic officers, their families, official staff, and servants, who are not nationals of or permanently residing in the receiving state, are protected by unlimited immunity from arrest, detention, or prosecution with respect to any civil or criminal offense.

Consular Officers:

Consular officers are consuls general, deputy consuls general, consuls, vice consuls. They are official representatives of foreign governments. Consular officers are required to be treated with respect, and all appropriate steps are to be taken to prevent any attack on their person, freedom, or dignity. They are entitled to limited immunities as described below.

Immunities Accorded to Career Consular Officers:

Under prevailing international law and agreement, a foreign career consular officer is not liable to arrest or detention pending trial except in the case of a grave crime (felony offense that would endanger the public safety) and pursuant to a decision by the competent judicial authority. Her/his immunity from criminal jurisdiction is limited to acts performed in the exercise of consular functions and is subject to court determination.

Identification of Accredited Consular Officers:

Career consular officers can be identified by credentials issued by the State Department and by other locally issued official identification papers.

The State Department credential bears its seal, the name of the officers, her/his title, and the signatures of State Department officials.

Honorary Consuls:

Often nationals or permanent residents of the receiving state are appointed and received as honorary consular officers to perform the functions generally performed by career consular officers. Such officers do not receive identification cards from the State Department of the type issued to career consular officers, though they may exhibit reduced-sized copies of the exequatur or diplomatic note evidencing recognition by the United States Government. These individuals are not immune from arrest or detention; they are also not entitled to personal immunity from the civil and criminal jurisdiction of the receiving state except as to official acts as performed in the exercise of their consular functions. However, appropriate steps must be provided to accord to such officers the protection required by virtue of their official position. In addition, the consular archives and documents of a consular post headed by an honorary consul are inviolable at all times and wherever they may be, provided they are kept separate from other papers and documents of a private or commercial nature relating to the other activities of an honorary consul and persons working with him.

Families of Consular Officers:

Family members of consular officers do not enjoy the same privileges and immunities with the respect to the civil and criminal jurisdiction of the receiving state as do consular officers. However, they should be accorded courtesy and respect. See further comment below regarding offenses involving family members of a consular officer.

Consular Premises:

Consular premises used exclusively for the consular post cannot be entered without explicit permission of the head of the consular post or her/his designee or by the head of the diplomatic mission. This permission may be assumed in the case of fire or other disaster requiring prompt protective action.

Consular Archives, Documents, Records, and Correspondence:

The consular archives and documents are inviolable at all times and wherever they may be. The official correspondence of the consular post, which means all correspondence relating to the consular post and its functions, is likewise inviolable.

Moving Traffic Violations:

When a consular officer is stopped for a moving traffic violation, the officer on the scene, upon being advised by the driver that s/he is a consular officer and ascertaining that s/he possesses the proper credentials, should exercise discretion based on the nature of the violation and either let her/him go with a warning of the danger of her/his actions or proceed with issuance of appropriate citation. Mere issuance of a traffic citation does not constitute arrest or detention in the sense referred to above.

Driving While Under the Influence:

The primary consideration in this type of incident should be to see that the consular officer is not a danger to himself or the public. Based upon a determination of the circumstances, the following options are available:

  • Take her/him to the station or a location where s/he can recover sufficiently to enable her/him to drive safely.
  • Provide or take her/him to a telephone so that s/he can call a relative or a friend to come for her/him.
  • Call a taxi for her/him.
  • Take her/him home.

The consular officer should not be handcuffed, subjected to any sobriety test, or mishandled in any way.

At best, this is a sensitive situation. The consular officer should be treated with respect and courtesy. It should be impressed upon her/him that the officers primary responsibility is to care for her/his safety and the safety of others.

Offenses Involving Family Members of a Consular Officer:

Family members of a consular officer cannot claim immunity. However, consideration should be given to the special nature of this type of case. A violation should be handled, when possible, through the seeking of a complaint. The individual should be released once positive identification is made and the relationship with the consular official is verified. If the relative is a juvenile, as in all juvenile cases, the subject should be released to the parent consular officer.  

Reporting of Incidents to Office of the Mayor:

In the event that a consular officer or members of her/his family or personal staff should become involved in any actions taken by members of your department, it is suggested that the police chief and office of the mayor be immediately furnished with all pertinent information.

Reporting of Incidents to the United States Department of State Diplomatic Security Service:

Notify the Unites States Department of State Diplomatic Security Service, regardless of the time, of threats, injuries or serious incidents involving foreign diplomatic personnel or interests and criminal activity involving the use or possession of U.S. or foreign passports. Turn over to the Diplomatic Security Service any passports that have been seized, turned in, or recovered at the scene of any criminal offense or traffic violation.

The contact information of the Diplomatic Security Service is:

77 West Jackson Boulevard
Suite 2121
Chicago, IL 60604

Phone Number: (312) 353-6163

Revised July 1, 2011

Last Edited: March 21, 2017