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Copyright Lexipol, LLC 2017/11/28, All Rights Reserved. Published with permission by Santa Monica Police Department Foreign Nationals, Diplomats, and Consular Representatives - 1 Santa Monica Police Department Santa Monica Police Department Policy Manual Foreign Nationals, Diplomats, and Consular Representatives 411.1 PURPOSE AND SCOPE This policy provides guidelines to members of the Santa Monica Police Department when considering a physical arrest or detention of a foreign national, and extending the appropriate privileges and immunities to foreign diplomatic and consular representatives in accord ance with international law. 411.2 DEFINITIONS Foreign National - Anyone who is not a citizen of the United States. A person with dual - citizenship (United States and other country) is not a foreign national. Immunity - Refers to various protections and privilege s extended to the employees of foreign governments who are present in the United States and serving as official representatives of their home governments. Article 36 of the Vienna Convention on Consular Relations sets forth certain rights of foreign nation als from member countries when arrested, detained, or imprisoned by law enforcement in this county. The privileges embodied in international law are intended to ensure the efficient and effective performance of authorized employees in the performance of their official missions in foreign countries (i.e. embassies, consulates, etc.). To ensure United States diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S. personnel abroad, it is imperative for law enforcement to respect the immunity to which an individual is entitled under international law. Although immunity may preclude U.S. Courts from exercising jurisdiction, it is not intended to excuse unlawful activity. It is the policy of the U.S. Department of State's Of fice of Foreign Missions (OFM) that illegal acts by foreign service personnel be pursued through the appropriate channels. Additionally, the host country's right to protect its citizens supersedes immunity privileges. Peace officers may intervene to the extent necessary to prevent the endangerment of public safety or the commission of a serious crime, regardless of immunity claims. 411.3 POLICY The Santa Monica Police Department respects international laws related to the special privileges and immunities afforde d foreign diplomatic and consular representatives assigned to the United States. All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them. 411.4 LEVELS OF IMMUNITY The specific degree of immunity afforded to foreign service personnel within the United States is directly related to their function and position in this country. Policy 411 Copyright Lexipol, LLC 2017/11/28, All Rights Reserved. Published with permission by Santa Monica Police Department Foreign Nationals, Diplomats, and Consular Representatives - 2 Santa Monica Police Department Santa Monica Police Department Policy Manual Foreign Nationals, Diplomats, and Consular Representatives 411.4.1 DIPLOMATIC AGENTS Diplomatic agents are afforded the highest levels of immunity . Examples of diplomatic agents include foreign service personnel serving as ambassadors or United Nations representatives. They are exempt from arrest or detention and they are immune from all criminal (and most civil) prosecution by the host state. The personal property, vehicles, and residences of d iplomatic agents are not subject to search. The family members of diplomatic agents enjoy these same immunities. Family members include spouses, children until age 21 or 23, if they are full -time students at an institution of higher learning, and other such persons expressly agreed to by the Department of State in extraordinary circumstances. 411.4.2 CONSULAR OFFICERS Consular officers, holding titles such as Consul General, Consul, or Vice Consul, are ranking members of consular posts who perform various formal functions on behalf of their own governments. These officials are immune from arrest or detention, except pursuant to a felony warrant. They are only immune from criminal and civil prosecution arising from official acts. Official acts immunity must be raised as an affirmative defense in the court jurisdiction, and its validity is determined by the court. Under this defense, the prohibited act it self must have been performed as an official function. The family members of consular officers generally enjoy no immunity; however, any family member who enjoys a higher level of immunity is issued an identification card by the Department of State. 411.4.3 HONORARY CONSULS Honorary consuls are part-time employees of the country they represent and are either permanent residents of the United States or United States citizens. Unlike consular officers, honorary consuls are permitted to carry on another business . Honorary consuls may be arrested and detained and their family members have no immunity. These persons have limited official acts immunity, although it may be used as a subsequent defense in court. 411.5 DIPLOMATIC IMMUNITY TABLE Reference table on diplomatic immunity: Category Arrested or Enter Issued Subpoenaed Prosecuted Recognized Detained Residence Traffic as Witness Family Subject to Citation Members Ordinary Procedures Diplomatic No No Yes No No Same