Policy Text
1 (06/28/2021) ST. PETERSBURG POLICE DEPARTMENT
INSTRUCTIONAL ORDER
Subject: FOREIGN NATIONALS - ARREST, CONSULAR NOTIFICATION AND
DIPLOMATIC IMMUNITY
Index as: Aliens, Arrest of Consular Officer Diplomatic Officer
Consu l Diplomat Foreign National
Consular Notification Diplomatic Immunity Honorary Consul
Accreditation Standards: 1.1.4, 1.2.5, 61.1.3
Cross Reference: Florida Legal Guidelines, Section 28: Diplomatic Immunity
Replaces : I.O. V.5:28, Foreign Nationals - Arrest, Consular Notification and Diplo matic Immunity
(September 2, 2007)
2016 -014 Legal Notice - legal protocol when arresting or detaining a citizen of another
country (August 28, 2017)
This Order consists of the following:
I. Purpose
II. Policy
III. Definitions
IV. Diplomatic Immunity
V. Contact with Diplomats or Consuls
VI. Contact With Foreign Nationals (Aliens)
VII. Additional Information
I. PURPOSE
A. International law, to which the United States is firmly committed, requires that law enforcement authorities of the
United States extend certain privileges and immunities to members of foreign diplomatic missions and consular posts. Most
of these privileges and immunities are not absolute, and law enforcement officers retain their fundamental responsi bility to
protect and police the orderly conduct of persons in the United States.
B. Compliance with the duties imposed upon the arrest or detention of a foreign national, regardless of status, is
necessary in order for the United States to expect reciprocit y from other countries in which a U.S. Citizen may be arrested
or detained. The underlying principle is that law enforcement officers should treat a foreign national as they would expect a
U.S. citizen to be treated if arrested or detained in another count ry.
II. POLICY
A. This Order guide s Officers when faced with claims of diplomatic immunity and when complying with the notification
requirement upon the arrest or detention of a foreign national.
1. Pursuant to international law, treaties such as the Vienna Convention on Consular Relations (VCCR) and
federal law, certain diplomats, their family members, servants, and certain embassy administrative, service, and technical
personnel have varying levels of immunity from arrest and detention. DATE OF
ISSUE EFFECTIVE DATE NUMBER
August 2017 Immediately V.5:28
Distribution: All Employees
Instructional Order V.5:28
2 (06/28/2021) 2. In other cases, the arrest, detention, life -threatening injury, or death of a foreign national triggers the potential
duty to notify the nearest consular office. Certain countries require mandatory notification; others require notification onl y
upon request if the p erson is arrested or detained.
B. It is the policy of this Department that all rights required under the laws and agreements shall be rendered to all
diplomats, consular officers, and foreign nationals. Information will be provided to foreign nationals who may be arrested or
detained, and appropriate consular notifications shall be made as detailed in this order.
III. DEFINITIONS
A. Consul (Consular Officer) – A Consular O fficer serving as an official representative of a foreign government.
Cons uls enjoy only limited immunities as opposed to diplomatic officers who enjoy unlimited immunity.
1. Consular officers are generally identified by one of the following titles: Consul General, Deputy Consul General,
Consul and Vice Consul.
2. Limited immunity extends only to the consular officers and not to their families, staffs, or servants.
3. Consular officers may not be arrested or detained for any criminal offense except felonies that endanger the
public safety. Prosecution for othe r offenses may ensue only upon the issuance of an arrest warrant.
4. Consular officers may be cited for civil infractions.
B. Diplomat (Diplomatic Officer) – Diplomats are entitled to diplomatic immunity, broadly defined as the freedom from
local jurisdiction accorded to duly accredited diplomatic officers, their families, staffs, and servants.
1. Diplomatic O fficers are generally identified by one of the following titles: Ambassador, Minister, Minister
Consular, Consular, First Secretary, Second Secretar y, Third Secretary, and Attaché .
2. Persons enjoying diplomatic immunity may not be arrested, detained, or prosecuted for any civil or criminal
offense.
C. Foreign National (Alien) – Any citizen of another country, excluding diplomats and consuls, who are in the United
States on a temporary basis, either legally or illegally. This includes tourists, students, and aliens. It also includes thos e
holding an Alien R egistration Card (I -551), commonly called a “green card”.
D. Honorary Consul – A person, often a foreign national, who has limited duties to assist diplomatic officials. They
have no claim of diplomatic immunity.
IV. DIPLOMATIC IMMUNITY
A. Diplomatic (Full) Immunity for Criminal Offenses
1. Diplomatic I mmunity, even at the highest level, does not exempt Diplomatic O fficers from the obligation of
conforming with national and local laws and regulations. The Purpose of immunity is not to benefit the individuals but to
ensure the efficient and effective perf ormance of their official missions on behalf of their governments.
2. Individuals who are entitled to diplomatic immunity should