IX

Diplomatic and Consular Privileges and Immunities From Criminal Jurisdiction

Summary of Law Enforcement Aspects

Residence May Be
May Be Arrested Entered Subject to May Be Issued May Be Subpoenaed
Category or Detained Ordinary Procedures Traffic Citation as Witness May Be Prosecuted Recognized Family Member

Diplomatic Agent No1 No Yes No No Same as sponsor (full immunity and

inviolability).
Diplomatic

Member of No1 No Yes No No Same as sponsor (full immunity and

Administrative and inviolability).
Technical Staff

Service Staff Yes2 Yes Yes Yes No—for official No immunity or inviolability.2
acts. Otherwise,
yes.2

Career Consular Yes, if for a felony Yes4 Yes No—for official acts. No—for official No immunity or inviolability.2
Officers and pursuant to a Testimony may not be acts. Otherwise,
warrant.2 compelled in any case. yes.2
Consular

Honorary Consular Yes Yes Yes No—for official acts. No—for official No immunity or inviolability.
Officers Yes, in all other cases. acts. Otherwise,
yes.

Consular Employees Yes2 Yes Yes No—for official acts. No—for official No immunity or inviolability.2
Yes, in all other cases. acts. Otherwise,
yes.2

International Yes3 Yes3 Yes No—for official acts. No—for official No immunity or inviolability.
Organization Staff3 Yes, in all other cases. acts. Otherwise,
International Organizations

yes3
Diplomatic-Level Staff No1 No Yes No No Same as sponsor (full immunity and
of Missions to inviolability).
International
Organizations

Support Staff of Yes Yes Yes No—for official acts. No—for official No immunity or inviolability.
Missions to Yes, in all other cases. acts. Otherwise,
International yes.
Organizations

1
Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or the prevention of serious criminal acts.

2
This table presents general rules. Particularly in the cases indicated, the employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements.

3
A small number of senior officers are entitled to be treated identically to “diplomatic agents.”

4
Note that consular residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry.