Policy Text
Procedure
412Garden Grove Police Department
Procedures Manual
Copyright Lexipol, LLC 2022/06/27, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentForeign Diplomatic and Consular
Representative Procedures - 1Foreign Diplomatic and Consular Representative
Procedures
412.1 PURPOSE AND SCOPE
This procedure will establish guidelines for handling incidents involving persons who have
diplomatic immunity.
412.2 DIPLOMATIC OFFICERS DEFINED
Ambassadors and ministers are the highest-ranking diplomatic representatives of a foreign
government. Other diplomatic titles are Minister-Counselor, First Secretary, Second Secretary,
Third Secretary, and Attaché. These officials are usually located either in Washington, D.C., or
in New York City.
Diplomatic officers should be accorded their respective privileges, rights, and immunities as
directed by international law and federal statute. These officials should be treated with the courtesy
and respect that befit their distinguished positions.
412.3 DIPLOMATIC IMMUNITY
The Vienna Convention on Diplomatic Relations, which contains the current law on the subject
of diplomatic privileges and immunities, is incorporated in federal law by the Diplomatic Relations
Act of 1978 (P.L. 95-393). The convention applies to members of the staff of a foreign diplomatic
mission, which includes the administrative, technical, and service staffs of the embassies in the
United States.
DIPLOMATIC AGENTS, and MEMBERS OF THEIR FAMILIES who are not nationals of the
United States, HAVE FULL IMMUNITY FROM ARREST, DETENTION, OR PROSECUTION for
any criminal offense unless such immunity is expressly waived by the sending state. The above
individuals also enjoy immunity from civil process except in certain actions involving private
activities outside their official functions.
The ADMINISTRATIVE and TECHNICAL STAFF of a foreign mission, and members of their
families who are not nationals or permanent residents of the United States, have full immunity
from arrest, detention or prosecution for any criminal offense. Such employees enjoy immunity
from civil process only for those actions carried out in their official capacity. Family members of
such employees are not immune from civil jurisdiction.
Members of the service staff of a foreign diplomatic mission, which includes DRIVERS,
MESSENGERS, AND SECURITY GUARDS, enjoy IMMUNITY ONLY FOR ACTIONS CARRIED
OUT IN THE COURSE OF THEIR OFFICIAL DUTIES. Family members of such individuals have
no immunity.
PRIVATE SERVANTS OF EMBASSY PERSONNEL HAVE NO IMMUNITY.
Garden Grove Police Department
Procedures Manual
Foreign Diplomatic and Consular Representative Procedures
Copyright Lexipol, LLC 2022/06/27, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentForeign Diplomatic and Consular
Representative Procedures - 2Associated with this personnel diplomatic immunity is the inviolability enjoyed by the premises of
the mission of the sending state and their private residence.
Procedures for Handling a Diplomatic Official Involved, as a Suspect, in Any Crime Incident
REMEMBER, diplomatic officials are immune from arrest for any violation of law. However,
diplomatic immunities vary depending on the status of the official. You shall advise the official
to remain at the scene pending the arrival of a supervisor. The investigating officer(s) should
use this time to conduct as much of the crime scene investigation as circumstances permit. The
investigating officer(s) shall complete all related reports (i.e., crime, traffic, arrest) prior to the end
of shift. The on-duty Station Commander or Community Policing Division Sergeant shall forward a
detailed memorandum of the incident to the office of the Chief of Police via the chain of command
within 24 hours.
412.4 CONSULAR OFFICERS
Consular officers are Consul-Generals, Deputy Consul-Generals, Consuls, and Vice Consuls.
They are official representatives of foreign governments. Consular officers are required to be
treated with due 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 Consular Officers
Under prevailing international law and agreement (1961 Vienna Convention on Consular
Relations), 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. His immunity from criminal jurisdiction is limited
to acts performed in the exercise of consular functions and is subject to court determination.
Procedures for Handling Grave Crime Incidents
The investigating officer shall request that a supervisor respond to the scene. The supervisor shall
determine the official's immunity status and recommend a disposition prior to arrest. The officer
shall complete all related reports prior to the end of shift. The Station Commander, or on duty
Community Policing Division Sergeant, shall submit a detailed memorandum of
the incident to the office of the Chief of Police, via the chain of command within 24 hours.
Misdemeanor Crime Incidents
Misdemeanor violations should be handled, when possible, through the seeking of a complaint.
Obtain the necessary report(s) information from the official and then release him. A copy of all
related reports shall be submitted to the office of the Chief of Police via the Station Commander
or on duty Community Policing Division Sergeant prior to the end of shift.
Consular Premises
CONSULAR PREMISES, used exclusively for the work of the consular post, CANNOT BE
ENTERED WITHOUT EXPLICIT PERMISSION OF THE HEAD OF