Policy Text
TRAINING BULLETIN
Evaluation Coordinator: Commander
Automatic Revision Cycle: Years
partment Training Bulletins shall be used to advise members of current police techniques and
procedures and shall constitute official policy.” Index Number: III-O
Alpha Index: Diplomatic and
Consular Immunity Date of Issue / Revision
21 Dec 00
“De
Diplomatic and Consul ar Immunity and
the Treatment of Foreign Nationals1
Table of Contents
Introduction .................................................................................................................. ..... 2
Persons Entitled to Privile ges and Imm unities................................................................... 3
Further Explanation of Terms and Co ncepts...................................................................... 8
Identification of Persons Entitled to Privileges and Immunities ...................................... 11
Responding to Incidents ................................................................................................... 17
Treatment of Fore ign Nationals........................................................................................ 20
Significant Illustrations
Table of Diplomatic Immunities ...................................................................................... 10
Telephone and Fax Numbers to Verify Status and Repo rt Incidents................................ 16
Countries which Require Notification of Citizen's Detention/Arrest ............................... 22
1 Information in this Training Bulletin is developed from Department of State Publication 10524,
Diplomatic and Consular Immunity, Revised May 1998; and Department of State Publication
10518, Consular No tification and Access, Revised January 1998.
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Diplomatic and Consular Immunity, Index Number III-O
Introduction
There are over 100,000 representatives of foreign governments, including dependents, in the
United States. Some of these persons are members of diplomatic missions, others are assigned to
consular posts, and still others are employees of international organizations. Many of these
persons are entitled to some degree of immunity and/or privilege under international law.
Diplomatic immunity can be broadly defined as the freedom from local jurisdiction granted by the State Department to duly accredited diplomatic officers, their families, and official staffs.
Diplomatic privileges are entitlements granted to such individuals by the State Department, which
may include special driver's licenses and license plates, various tax exemption cards, and other
types of assistance.
It is the policy of the Oakland Police Department to treat all diplomatic and consular officers,
staffs, and families with the respect appropriate to their distinguished positions. Failure to respect the immunities and privileges of accredited indi viduals may complicate diplomatic relations
between the Untied States and the other country concerned. It may also lead to harsher treatment of U.S. personnel abroad since the principle of reciprocity has been integral to diplomatic relations since ancient times. `
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21 Dec 00 ● Oakland Police Department
Persons Entitled to Privileges and
Immunities Members of Diplomatic Missions
Diplomatic missions or embassies are traditionally the principal communication link between the
country that sends them and the host country. Accordingly, the staffs of diplomatic missions are
afforded the highest level of immunity in the host country in order that they may effectively perform their duties.
What such immunity entails is described below. A table summarizing immunities granted to members of diplomatic missions-and all other individuals discussed in this Training Bulletin –
provided on page 10.
Diplomatic Agents
Diplomatic agents are political representatives sent by one country to another in order to deal
directly with the officials of th e host country. Diplomatic agents are concerned with international
relationships and foreign policy. Their characteristic titles include, in order of rank, Ambassador,
Minister, Counselor, Secretary (First, Second, or Third), and Attache.
Diplomatic agents enjoy the highest degree of immunity.
They enjoy complete personal inviolability, which means that they may not be handcuffed,
arrested, or detained (except in the extraordinary circumstances described on page 8), and their property, vehicle, and residence may not be entered or searched.
Diplomatic agents also enjoy complete immunity from the criminal jurisdiction of the host country's courts and cannot be prosecuted-no matter how serious the offense-unless their
immunity is waived by the sending state.
Diplomatic agents have immunity from civil suits except in very limited circumstances.
Diplomatic agents enjoy complete immunity from the obligation to provide evidence as witnesses and cannot be required to testify even if they have been the victim of a crime.
Family members of a diplomatic agent's household enjoy the same immunities as the sponsoring
diplomatic agent. The United States defines "fam ily member" as spouse, children under the age of
21 – or under the age of 23 if they are full-time students at an institution of higher learning and
such other persons as expressly agreed to by the U.S. Department of State.
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Diplomatic and Consular Immunity, Index Number III-O
Members of Administrative and Technical Staff
Members of the administrative and technical staff of a diplomatic mission – secretaries, certain
clerical personnel, office managers, and certain professional security personnel-perform tasks
critical to the workings of an embassy.
Members of the administrative and technical staff enjoy immunities identical to those of diplomatic agents in respect to personal inviol ability, immunity from criminal jurisdiction, and
immunity from the obligation to provide evidence as witnesses.
Members of the administrative and technical st aff enjoy official-acts immunity from civil
jurisdiction. Official-acts immunity, or immun ity from prosecution for acts performed in the
execution of one's official duties, is fully discussed on page 8.
With one exception, family members of admi nistrative and technical staff enjoy the same
immunities as their sponsors. Because family members have no official duties, they enjoy no official-acts immunity from civil jurisdiction.
Members of Service Staff
Members of the service staff of a diplomatic mission-personnel who perform such tasks as driving, cleaning, and building-and-