Policy Text
Page 1 of 12 General Order 1- 10 – ( 03/13/2025)
PROCEDURE FOR CONSULAR NOTIFICATION OF FOREIGN NATIONALS
RICHMOND POLICE DEPARTMENT
GENERAL ORDER
Subject : PROCEDURE FOR CONSULAR NOTIFICATION OF
FOREIGN NATIONALS Chapter
1 Number
10 Pages
12
References:
CALEA Standards: 1.1.4, 61.1.3d
Related Orders: N/A Effective Date : 03/13/2025
By: Review
Prv. R ev. Date: 02/21/2019
If any provision of this General Order conflicts with any collective bargaining article,
the collective bargaining agreement shall govern.
Chief of Police:
I. PURPOSE
The purpose of this directive is to pr ovide guidance to law enforcem ent officers regarding the
various categories of foreign diplomatic and consular personnel, and the privileges and
immunities to which they are entitled. In addition, this directive provides instruction and
guidance to police personnel regarding the arres t and detention of foreign nationals . [CALEA
61.1.3d]
II. SUMMARY OF CHANGE
This General Order has undergone a triannual review. The Duty S ergeant contact
information , links to state forms, and the definition for diplomatic immun ity were all
updated.
III. POLICY
A. The special privileges and immunities afforded foreign diplomats and consular
representatives assigned to the United States reflect rules developed among the nations
of the world regarding the manner in which civilized interna tional relations must b e
conducted. In their dealings with foreign diplomatic and consular personnel, law enforcement officers shall recognize and show due respect for these privileges and
immunities. At the same time, police officers should understand t hat diplomatic
immunity is not a license to break the law or to avoid personal liability.
B. Notwithstanding any privileges or immunities to which they may be entitled, foreign
diplomats who violate traffic laws shall be cited. Allegations of serious crimes shal l be
fully investig ated and promptly reported to the Department of State, and procedurally
developed to the maximum permissible extent. In circumst ances where public safety is
in imminent danger or it is apparent that a serious crime may be committed, police
officers may in tervene to the extent necessary to halt such activity. The power of
police officers to defend themselves or others from personal harm is in no way
diminished by the rules of diplomatic immunity.
Page 2 of 12 General Ord er 1-10 – ( 03/13/2025)
PROCEDURE FOR CONSULAR NOTIF ICATION OF FOREIGN NAT IONALS IV. ACCOUNTABILITY STATEMENT
All emplo yees are expected to fu lly comply with the guidelines and timelines set forth in this
General Order. Failure to comply will result in appropriate corre ctive action. Responsibility
rests with the Division Commander to ensure that any violations of policy are investigated
and if appropriate, training, counseling and/or disciplinary action is initiated.
This directive is for internal use only and does not enlarge an employee’s civil liability in any way. It
should not be construed as the creation of a highe r standard of safety or case in an evidentiary sense,
with respect to third party claims. Violation of this directive, if proven, can only form the bas is of a
complaint by this Department, and then onl y in a non- judicial administrative setting.
V. DEFINITION S
A. FOREIGN NATIONAL – is any person who is not a United States citizen. The terms
“foreign national” and “alien” may be used interchangeably. Lawful per manent
resident aliens, who have a resident alien registration card (INS Form I –551),
commonly known as a “green card ,” must be considered as “foreign nationals” for
purposes of consular notification.
B. CONSULAR OFFICER – is a citizen of a foreign country, who is employed by the
foreign government and aut horized to provide assistance to that government’s citi zens
while they are in a foreign country.
C. ARREST – for the sake of this order, means full custodial arrest and detention, in any
form, excluding an arr estee released on a summons.
D. DIPLOMATIC IMMUNITY – a principle of international law by which certain
foreign government officials are not subject to the jurisdiction of local courts and
other authorities for both their official and, to a large extent, their personal activities.
1. While a person claiming diplomatic immunity may present any number of
identif ication papers, the only one that is indicative of the level of privilege and
immunity is a card issued by the U.S. State Departm ent, Protocol Office. The
holder’s level of immun ity will be indicated on the card. If the person cla iming
immunity does not posse ss this card and the incident involves a criminal offense,
officers may detain the individual either at the scene or at a Dep artment facility
long enough to verify official s tatus.
2. If questions arise about this procedure or if an arrest is necessary f or a felo ny, the
officer shall notify his/her immediate supervisor, who in turn shall notify the Watch Commander. The Watch Comm ander (in the absence of the Watch
Commander, the affected Precinct Commander ) shall call the appropriate agency
for verificati on of identity and level of immunity.