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UNITED STATES DEPARTMENT OF STATE
OFFICE OF FOREIGN MISSIONS
Diplomatic and  
 Consular Immunity:
Guidance for Law Enforcement  
and Judicial Authorities

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This booklet, which provides a guide to the categories 
of foreign mission personnel and the privileges and 
immunities to which each is entitled, is a joint publication 
of the U.S. Department of State’s:
Office of the Legal Advisor  
Diplomatic Law and Litigation  
2201 C St. NW, Room 6422  
Washington, DC 20520  
http:/ /www.state.gov/ s/l/
Office of Foreign Missions  
2201 C St. NW, Room 2236  
Washington, DC 20520  
202-895-3500 
www.state.gov/ ofm
Office of the Chief of Protocol  
2201 C St. NW, Room 1238  
Washington, DC 20520  
202-647-1985 
www.state.gov/ s/ cpr/
Bureau of Diplomatic Security  
Protective Liaison Division  
3507 International Pl. NW  
Washington, DC 20522  
202-895-3600 
http:/ /www.state.gov/ m/ ds/ 
immunities/ c9090.htm
For urgent telephone inquiries outside normal business hours, please 
call the Diplomatic Security Command Center at 866-217-2089.

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UNITED STATES DEPARTMENT OF STATE
OFFICE OF FOREIGN MISSIONS
Diplomatic and  
 Consular Immunity:
Guidance for Law Enforcement  
and Judicial Authorities

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Contents
    Preface
2   I. Introduction
4   II.  Legal and Practical Basis of Immunity
6   III. Categories of Persons Entitled  
    to Privileges and Immunities
 y Members of Diplomatic Missions
 y Members of Consular Posts (Normal and Special Bilateral)
 y International Organization Personnel and National  
Missions to Such Organizations
 y Designated Employees of TECRO/TECO
16   IV . Identification of Persons Entitled to Privileges  
    and Immunities in the United States
 y Identification Cards Issued by the U.S. Department of State
 y Foreign Diplomatic Passports and U.S. “Diplomatic” Visas:  
Not Conclusive for Immunity
 y Tax Exemption Cards: Not Conclusive for Immunity
 y Automobile Registration, License Plates, and Driver’s Licenses:  
Not Conclusive  for Immunity
 y Telephone Information and Verification

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20   V . T erms and Procedures
 y Correct Understanding of Immunity
 y Personal Inviolability vs. Public Safety
 y Waiver of Immunity
 y Expulsion Procedure
 y Official Acts Immunity
 y Termination of Immunity
 y Archives
24   VI.  Handling Incidents
 y U.S. Department of State Policy
 y General Procedures
28   VII. Conclusion
29    Appendices
A. Examples: Identifying Documents
B. Samples of U.S. Department of State-Issued Diplomatic  
and United Nations Missions License Plates
C. Law Enforcement Aspects Summary Chart
D. Useful T elephone Numbers

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Preface
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 
responsibility to protect and police the orderly conduct of 
persons in the United States. This booklet provides a guide to 
the categories of foreign mission personnel and the privileges 
and immunities to which each is entitled. It explains how 
to identify (and verify the identity of ) such persons and 
furnishes guidance to assist law enforcement officers in 
the handling of incidents involving foreign diplomatic and 
consular personnel.

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What Is diplomatic immunity?
Diplomatic immunity is 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.  
Introduction
I.
Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities

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The principle of diplomatic immunity is one 
of the oldest elements of foreign relations. 
Ancient Greek and Roman governments, 
for example, accorded special status to 
envoys, and the basic concept has evolved 
and endured until the present. As a matter of 
international law, diplomatic immunity was 
primarily based on custom and international 
practice until quite recently. In the period 
since World War II, a number of international 
conventions (most noteworthy, the Vienna 
Convention on Diplomatic Relations and the 
Vienna Convention on Consular Relations) 
have been concluded. These conventions have 
formalized the customary rules and made 
their application more uniform. 
Notwithstanding the antiquity of the concept 
of diplomatic immunity, its purpose is 
often misunderstood by the citizens of this 
and other countries. Occasional abuses of 
diplomatic immunity, which are brought to 
public attention, have also served to prejudice 
public attitudes toward this practice. Dealing 
with the concept of immunity poses particular 
problems for law enforcement officers who, 
by virtue of their oath and training, are 
unaccustomed to granting special privileges 
or concessions to individuals who break the 
law. On the other hand, police officers who 
understand the importance of diplomatic 
immunity may be inclined to be overly 
generous in its application if they do not have 
a full understanding of its parameters. It is the 
purpose of this booklet to familiarize police 
officers with the general rules of diplomatic 
and consular immunity and to provide them 
with specific guidance regarding the handling 
of difficult situations. 
The term diplomatic immunity is popularly, 
and erroneously, understood to refer to special 
protections afforded all employees of foreign 
governments who are present in the United 
States as official representatives of their home 
governments. Law enforcement officials, 
however, must have a more sophisticated 
understanding of the concept. There are 
over 100,000 representatives of foreign 
governments, including dependents, in the 
United States. Many of these persons may be 
entitled to some degree of immunity under 
international law. Some of these persons are 
members of diplomatic missions, others are 
assigned to consular posts, and still others 
are employees of international organizations 
or members of national missions to such 
international organizations. For each of these 
categories of persons, particular rules apply 
and, even within these categories, different 
levels of immunity may be accorded to different 
classes of persons. Most of these persons are 
assigned to Washington, D.C., and New York 
City, but large numbers are assigned in other 
major cities around the country. Moreover, 
nearly all of these persons are free to travel 
around the country either on official business 
or for pleasure. 

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The special privileges and immunities accorded 
foreign diplomatic and consular representatives 
assigned to the United States reflect rules 
developed among the nations of the world 
regarding the manner in which civilized 
international relations must be conducted. The 
underlying concept is that foreign representatives 
can carry out their duties effectively only if they 
are accorded a certain degree of insulation from 
the application of standard law enforcement 
practices of the host country . 
II.
Legal and Practical  
Basis of Immunity
Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities

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The United States benefits greatly from the 
concept as it protects U.S. diplomats assigned to 
countries with judicial systems far different than 
our own.
The various categories of immunity are 
explained below and a table is provided on 
page 40 to summarize elements of paramount 
concern to law enforcement officials, but all have 
a common legal foundation. While customary 
international law continues to refine the 
concepts of diplomatic and consular immunity, 
the basic rules are currently embodied in 
international treaties. These treaties have been 
formally adopted by the United States and are, 
therefore, pursuant to the U.S. Constitution, “the 
supreme law of the land.” The U.S. government 
is legally bound to ensure that such privileges 
and immunities are respected by its states and 
municipalities.
U.S. law regarding diplomatic immunity has its 
roots in England. In 1708, the British Parliament 
formally recognized diplomatic immunity and 
banned the arrest of foreign envoys. In 1790, 
the United States passed similar legislation that 
provided absolute immunity for diplomats and 
their families and servants, as well as for lower 
ranking diplomatic mission personnel. This 
1790 law remained in force until 1978, when the 
present Diplomatic Relations Act (22 U.S.C. 254) 
was enacted to replace it. 
The principal purpose of the 1978 Act was to 
bring U.S. law into line with the 1961 Vienna 
Convention on Diplomatic Relations (which 
entered into force for the United States in 1972). 
The 1978 Act imposed a more precise regime 
and reduced the degree of immunity enjoyed by 
many persons at diplomatic missions. 
On a practical level, a failure of the authorities of 
the United States to fully respect the immunities 
of foreign diplomatic and consular personnel 
may complicate diplomatic relations between 
the United States and the other country 
concerned. It may also lead to harsher treatment 
of U.S. personnel abroad, since the principle of 
reciprocity has, from the most ancient times, 
been integral to diplomatic and consular 
relations. 
It should be emphasized that even at its 
highest level, diplomatic immunity does not 
exempt diplomatic officers from the obligation 
of conforming with national and local laws 
and regulations. Diplomatic immunity is not 
intended to serve as a license for persons to 
flout the law and purposely avoid liability for 
their actions. The purpose of these privileges 
and immunities is not to benefit individuals but 
to ensure the efficient and effective performance 
of their official missions on behalf of their 
governments. This is a crucial point for law 
enforcement officers to understand in their 
dealings with foreign diplomatic and consular 
personnel. While police officers are obliged, 
under international customary and treaty law, 
to recognize the immunity of the envoy, they 
must not ignore or condone the commission of 
crimes. As is explained in greater detail below, 
adherence to police procedures in such cases 
is often essential in order for the United States 
to formulate appropriate measures through 
diplomatic channels to deal with such offenders.

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Categories of Persons Entitled 
to Privileges and Immunities
III.
Members of Diplomatic Missions
Diplomatic missions are traditionally the 
principal communication link between the 
country that sends them and the host country .  
Accordingly , the staffs of diplomatic missions 
(embassies) are afforded the highest level of 
privileges and immunities in the host country 
in order that they may effectively perform their 
important duties. 
Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities

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Under modern international law (reflected 
in the Vienna Convention on Diplomatic 
Relations), however, there are different 
categories of persons within each diplomatic 
mission, some of whom enjoy greater 
immunities than others. 
The categories of diplomatic mission personnel 
are defined primarily with reference to the 
functions performed. l “Diplomatic agent” 
is the term for ambassadors and the other 
diplomatic officers who generally have the 
function of dealing directly with host country 
officials. This category enjoys the highest 
degree of immunity. The next category is 
“members of the administrative and technical 
staff” of the mission, which includes those 
persons who support the activities of 
diplomatic agents. This category includes 
secretaries, certain clerical personnel, office 
managers, and certain professional security 
personnel. Note the term “secretary” used here 
should not be confused with the diplomatic 
rank of “Secretary” (such as a 1st or 2nd 
Secretary) which is normally a diplomatic 
agent. Members of the administrative and 
technical staff enjoy privileges and immunities 
that in some respects are less than diplomatic 
agents. Finally, there are the “members of 
the service staff” of the diplomatic mission 
who perform tasks such as driving, cleaning, 
and/or grounds maintenance. These persons 
are afforded significantly less in the way of 
privileges and immunities. The privileges and 
immunities of each of these groups is explained 
in more detail in following sections, and a 
table is provided to summarize the privileges 
and immunities of greatest interest to law 
enforcement personnel.2 Also provided is an 
explanation of important exceptions to the 
general rules. (A discussion of tax and customs 
duty exemptions and other privileges not of 
immediate concern to law enforcement and 
judicial authorities is not included in this 
booklet.)
Diplomatic Agents
Diplomatic agents enjoy the highest degree 
of privileges and immunities. They enjoy 
complete personal inviolability, which means 
that they may not be handcuffed (except 
in extraordinary circumstances), arrested, 
or detained; and neither their property 
(including vehicles) nor residences may be 
entered or searched. Diplomatic agents also 
enjoy complete immunity from the criminal 
jurisdiction of the host country’s courts and 
thus cannot be prosecuted no matter how 
serious the offense unless their immunity is 
1 The definition of these categories is general since the category into which specific individuals fall may differ depending on reciprocal 
practices with the countries concerned. Law enforcement personnel, however, do not need to worry about these distinctions in 
operational situations. Their responsibility is to assure that the appropriate degree of immunity is afforded once the person concerned 
has been precisely identified.
2 The private servants of diplomatic personnel enjoy no jurisdictional immunity or inviolability in the United States.

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Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities
8
waived by the sending state (see the following 
discussion). While it is not ordinarily of 
concern to police authorities, they also have 
immunity from civil suits except in four very 
limited circumstances: (a) in connection with 
real property transactions not conducted on 
behalf of the mission; (b) in connection with 
any role they may play as executor for or heir to 
an estate being distributed in the host country; 
(c) in connection with the performance of 
professional or commercial activities outside 
the scope of their official duties; or (d) in 
respect of counterclaims on the same subject 
matter when they have been the initiating party 
in a suit. Finally, they enjoy complete immunity 
from the obligation to provide evidence as 
witnesses and cannot be required to testify 
even, for example, if they have been the victim 
of a crime.
Family members forming part of the household 
of diplomatic agents enjoy precisely the same 
privileges and immunities as do the sponsoring 
diplomatic agents.3 
Members of Administrative  
and Technical Staff
Members of the administrative and technical 
staff of a diplomatic mission perform tasks 
critical to the inner workings of the embassy. 
Accordingly, they enjoy privileges and 
3 The United States defines members of the household to include: spouses, children until the age of 21 (until the age of 23 if they are 
full-time students at an institution of higher learning), and such other persons expressly agreed to by the U.S. Department of State in 
extraordinary circumstances.
immunities identical to those of diplomatic 
agents in respect of personal inviolability, 
immunity from criminal jurisdiction, and 
immunity from the obligation to provide 
evidence as witnesses. Their immunity from 
civil jurisdiction, however, is quite different. 
Members of the administrative and technical 
staff enjoy immunity from civil jurisdiction 
only in connection with the performance of 
their official duties. This is commonly known 
as official acts or functional immunity and 
is explained in more detail in a following 
section that addresses consular privileges and 
immunities.
Like those of diplomatic agents, the recognized 
family members of administrative and technical 
staff enjoy the same privileges and immunities 
from the host country’s criminal jurisdiction 
as their sponsors. Since these family members 
have no official duties to perform, they enjoy no 
immunity from civil jurisdiction.
Members of Service Staff
Members of the service staff of diplomatic 
missions perform less critical support tasks 
for the missions and are accorded much less 
in the way of privileges and immunities than 
are those in the other categories. Service staff 
members have official acts immunity only 
(see further explanation below) and enjoy 

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4 A member of a mission, other than a diplomatic agent, “permanently resident in” the United States for purposes of Article 38(2) of 
the VCDR and Article 71(2) of the VCCR enjoys no privileges and immunities pursuant to the Vienna Conventions.
no personal inviolability, no inviolability of 
property, and no immunity from the obligation 
to provide evidence as witnesses. The families 
of service staff members enjoy no privileges or 
immunities.
Nationals or Permanent Residents  
of the United States
The general rules set forth previously assume 
that the staff members of the diplomatic 
mission are nationals of the sending country 
or some third country. The United States, as 
a matter of policy, does not normally accept 
as diplomatic agents its own nationals, legal 
permanent residents of the United States, 
or others who are “permanently resident 
in” the United States.4 The family members 
of diplomatic agents enjoy no privileges or 
immunities if they are nationals of the United 
States. Members of the administrative and 
technical staff (including their families) and 
members of the service staff enjoy no privileges 
and immunities if they are U.S. nationals, legal 
permanent residents, or foreign nationals 
“permanently resident in” the United States. 
Police officers should not have to deal with 
this distinction since the U.S. Department 
of State issues identification cards (see the 
following discussion) with the nationality 
principle in mind. However, it is important 
for law enforcement officials to understand 
these principles generally, because they could 
confront a situation wherein a U.S. citizen 
spouse of a foreign national diplomatic agent 
(who lacks the correct identity documents) 
attempts to establish his or her immunity solely 
on the basis of proving a relationship with the 
diplomatic agent.
Special Bilateral Agreements
There are some countries with which 
the United States has concluded bilateral 
agreements that grant to all members of the 
staff of their respective embassies (provided 
that they are nationals of the sending country) 
the privileges and immunities to which only 
diplomatic agents are normally entitled. 
Identification cards will reflect this status 
but police officers should be aware of this 
distinction because they may have to confront 
situations where a chauffeur or mechanic 
from the embassy of one of these countries 
asserts a right to full diplomatic privileges and 
immunities.
Temporary Duty
Persons sent to the United States on short-
term official duty with diplomatic missions 
ordinarily do not enjoy any privileges and 
immunities (law enforcement authorities 
III. Categories of Persons Entitled to Privileges and Immunities

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Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities
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should nonetheless always seek prompt 
verification from the U.S. Department of State in 
particular cases involving such individuals).
Waivers
Always keep in mind that privileges and 
immunities are extended from one country 
to another in order to permit their respective 
representatives to perform their duties 
effectively; in a sense, it may be said the sending 
countries “own” these privileges and immunities. 
Therefore, while the individual enjoying such 
immunities may not waive them, the sending 
states can, and do. Police authorities should 
never address the alleged commission of a crime 
by a person enjoying full criminal immunity 
with the belief that there is no possibility that a 
prosecution could result. The U.S. Department 
of State requests waivers of immunity in every 
case where the prosecutor advises that, but for 
the immunity, charges would be pursued. In 
serious cases, if a waiver is refused, the offender 
will be expelled from the United States and 
the U.S. Department of State will request that 
a warrant be issued and appropriate entries to 
the National Crime Information Center (NCIC) 
database be made by the responsible jurisdiction. 
The seeking of waiver of immunity is handled 
entirely via diplomatic channels, but effective 
and informed police work becomes the basis of 
the prosecutor’s decision and the foundation for 
the U.S. Department of State’s waiver requests 
and any subsequent prosecutions or expulsions.
Members of Consular Posts 
(Normal and Special Bilateral) 
Consular personnel perform a variety of 
functions of principal interest to their 
respective sending countries (e.g., issuance 
of travel documents, attending to the 
difficulties of their own nationals who are in 
the host country, and generally promoting the 
commerce of the sending country). Countries 
have long recognized the importance of 
consular functions to their overall relations, 
but consular personnel generally do not have 
the principal role of providing communication 
between the two countries — that function is 
performed by diplomatic agents at embassies 
in capitals. The 1963 Vienna Convention on 
Consular Relations grants a very limited level 
of privileges and immunities to consular 
personnel assigned to consulates that are 
located outside of capitals. 
There is a common misunderstanding that 
consular personnel have diplomatic status and 
are entitled to diplomatic immunity.
Consular Officers
Consular officers are those members of 
consular posts who are recognized by both 
the sending and the host country as fully 
authorized to perform the broad array of 
formal consular functions. They have only 

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official acts or functional immunity in respect 
of both criminal and civil matters, and their 
personal inviolability is quite limited. Consular 
officers may be arrested or detained pending 
trial only if the offense is a felony and that 
the arrest is made pursuant to a decision by a 
competent judicial authority (e.g., a warrant 
issued by an appropriate court).5 They can be 
prosecuted for misdemeanors, but remain at 
liberty pending trial or other disposition of 
charges. Property of consular officers is not 
inviolable. Consular officers are not obliged to 
provide evidence as witnesses in connection 
with matters involving their official duties, to 
produce official documents, or to provide expert 
witness testimony on the laws of the sending 
country. Absent a bilateral agreement, the family 
members of consular officers enjoy no personal 
inviolability and no jurisdictional immunity of 
any kind.
As indicated, official acts immunity pertains 
in numerous different circumstances. No law 
enforcement officer, U.S. Department of State 
officer, diplomatic mission, or consulate is 
authorized to determine whether a given set 
of circumstances constitutes an official act. 
This is an issue which may only be resolved 
by the court with subject matter jurisdiction 
over the alleged crime. Thus, a person enjoying 
official acts immunity from criminal jurisdiction 
may be charged with a crime and may, in this 
connection, always be required to appear in 
court (in person or through counsel). At this 
point, however, such person may assert as an 
affirmative defense that the actions complained 
of arose in connection with the performance 
of official acts. If, upon examination of the 
circumstances complained of, the court agrees, 
then the court is without jurisdiction to 
proceed and the case must be dismissed. Law 
enforcement officers are requested to contact the 
Department of State before arresting a consular 
officer, or, if not possible, immediately after 
arrest.
Consular officers who are full-time practitioners 
of consular functions are referred to as “career” 
consular officers. These officers are normally 
nationals of the sending country who are sent to 
the United States to perform these functions for 
a specific period and then are transferred to a 
further assignment. Career consular officers are 
prohibited by international law from engaging in 
professional or commercial activities outside the 
scope of their official consular functions. 
Consular Employees
Consular employees perform the administrative 
and technical support services for the consular 
post. They have no personal inviolability, only 
official acts immunity, and enjoy immunity from 
the obligation to provide evidence as witnesses 
5 Police officers should note this distinction carefully. In connection with other categories discussed in this booklet, either a person is 
absolutely protected from arrest or, alternatively, he or she has no immunity from arrest whatsoever. In the case of career consular 
officers, such arrest may be carried out only if the police officer is operating under the authority of a warrant or similar judicial 
authorization. Note, however, the discussion below of the public safety prerogatives of police authorities.
III. Categories of Persons Entitled to Privileges and Immunities

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Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities
12
only in respect of official acts. Their family 
members enjoy no personal inviolability or 
jurisdictional immunities of any kind. 
Consular Service Staff
Consular service staff do not enjoy personal 
inviolability or jurisdictional immunity of any 
kind, but they do have immunity from the 
obligation to provide evidence as witnesses in 
respect of official acts. Their family members 
enjoy no personal inviolability or jurisdictional 
immunity of any kind. 
Nationals or Permanent Residents  
of the United States
Consular employees and consular service 
staff who are U.S. nationals, legal permanent 
residents, or who are permanently resident 
in the United States enjoy no personal 
inviolability or jurisdictional immunity in the 
United States. (See footnote 4.)
Honorary Consuls
Honorary consuls are American citizens 
or permanent resident aliens who perform 
consular services on a part-time basis. 
Honorary consuls, unlike career consuls, 
are permitted to carry on another business. 
These persons have “official acts” immunity 
only and immunity from the obligation to 
provide evidence as witnesses only in respect 
of official acts. They do not enjoy personal 
inviolability and may be arrested pending trial 
if circumstances should otherwise warrant. 
Family members enjoy no immunity or personal 
inviolability. 
Honorary consuls are issued official 
identification cards by the U.S. Department  
of State. 
Special Bilateral Agreements
In some cases, a country and the United States 
have concluded a bilateral consular agreement 
that grants to members of the staff of their 
consulates (provided they are not U.S. nationals, 
legal permanent residents, or permanently 
resident in the United States) privileges and 
immunities approximating those afforded 
diplomatic agents. Law enforcement officers 
should be aware that these arrangements are 
not uniform and the U.S. Department of State 
identification cards issued to these persons 
reflect the appropriate level of immunity. 
Temporary Duty
Persons sent to the United States on short-term 
official duty with diplomatic missions ordinarily 
do not enjoy any privileges and immunities (law 
enforcement authorities should nonetheless 
always seek prompt verification from the 
U.S. Department of State in particular cases 
involving such individuals).

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Waivers
As is the case with diplomatic mission 
personnel, the sending country may always 
waive the privileges or immunities of 
members of its consular posts. This is less 
likely to be an issue for consular personnel, 
however, since their immunities are so 
limited.
International Organization 
Personnel and National 
Missions to Such 
Organizations
International organizations, such as the 
United Nations, are relatively modern 
entities. The privileges and immunities of 
the personnel of such organizations and 
the personnel of national missions to such 
organizations have a different basis than that 
of diplomatic and consular representatives. 
In the case of international organizations, 
the nations concerned have agreed that the 
important purposes of such organizations may 
be accomplished only if a certain measure 
of privileges and immunities are afforded to 
their participants. The nations concerned 
have concluded treaties embodying such 
grants of privileges and immunities. Some, 
including the United States, enacted domestic 
legislation granting specific privileges and 
immunities to certain categories of persons 
not covered by the treaties. In determining 
the degree of inviolability or immunity, law 
enforcement officers will be guided primarily 
by the identity documents that have been 
issued to such persons. The following, 
however, provides a general overview of the 
distribution of privileges and immunities in 
connection with international organizations.
Personnel of International 
Organizations
International organizations that have 
headquarters or other offices in the United 
States are staffed with administrative and 
executive employees, as necessary, to carry 
out their functions. The vast majority of these 
employees enjoy only official acts immunity as 
provided for in U.S. domestic legislation (the 
International Organizations Immunities Act, 
22 U.S.C. 2881) and no personal inviolability. 
In certain cases, however, the most senior 
executives of such organizations have been 
accorded privileges and immunities equal 
to those afforded diplomatic agents. This 
is the case for the Secretary General of the 
United Nations and for all Under Secretaries-
General and Assistant Secretaries-General 
of the United Nations, Principal Resident 
Representatives of the International Monetary 
Fund and the World Bank, as well as some 
senior officials of the Organization of 
American States secretariat.
III. Categories of Persons Entitled to Privileges and Immunities

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Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities
14
Personnel of National Missions to 
International Organizations
The United Nations and the Organization of 
American States are headquartered in the 
United States, and most of their member 
states maintain permanent missions to the 
headquarters in the United States. The 
permanent representatives staffing these 
missions are accredited to the international 
organization concerned (not to the United 
States), but their privileges and immunities 
are nonetheless often defined by reference to 
the status of diplomatic personnel who are 
accredited to the United States.
As is the case with diplomatic missions, the 
assignment of privileges and immunities 
is differentiated generally on the basis 
of the functions performed. The most 
senior representatives in these missions to 
international organizations have privileges 
and immunities equivalent to those afforded 
diplomatic agents. The remainder of the 
staffs of these missions have only official 
acts immunity pursuant to the International 
Organizations Immunities Act and no 
personal inviolability.
Short-term official visitors from other states 
to the United Nations or to international 
conferences convened by the United 
Nations may enjoy full diplomatic immunity 
equivalent to that afforded diplomatic agents. 
Owing to the temporary nature of their visit, 
such officials will normally not have the usual 
official identity documents recognizable 
in the United States. Law enforcement 
officials (particularly in New York) should be 
sensitive to the existence of this situation and 
always coordinate with the U.S. authorities 
indicated in the list of Useful Phone Numbers 
if confronted with an apparent offender 
appearing to fall into this category.
Designated Employees  
of TECRO and TECO
Designated Employees of the 
Taipei Economic and Cultural 
Representative Office in the  
United States (TECRO) and of  
the Taipei Economic and Cultural 
Offices (TECO)
The Taipei Economic and Cultural 
Representative Office in the United States 
(TECRO) and its subsidiary offices, the Taipei 
Economic and Cultural Offices (TECO), 
facilitate the commercial, cultural, and other 
relations between the people of the United 
States and the people on Taiwan. They operate 
in the United States pursuant to the Taiwan 
Relations Act of 1979 and the Agreement 
on Privileges, Exemptions, and Immunities 
between the American Institute in Taiwan 
and the Taipei Economic and Cultural 
Representative Office in the United States 

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15
(the Agreement), dated February 4, 2013. The 
following is a summary of the immunities 
enjoyed by TECRO and TECO personnel 
and their eligible dependents under the 
Agreement.
TECRO Designated Employees
Designated employees of TECRO, located in 
Washington, D.C., who are accredited by the 
American Institute in Taiwan (AIT), enjoy 
full immunity from criminal jurisdiction, but 
only enjoy immunity from civil jurisdiction 
with respect to their official acts. They are 
not subject to any form of arrest or detention. 
Their residences may not be entered or 
searched. Their property (including vehicles) 
may not be entered or searched in matters 
involving the exercise of criminal jurisdiction 
or matters related to the exercise of civil 
jurisdiction with respect to acts performed 
within their official duties. They may not 
be obliged to give evidence as a witness 
in criminal, civil, administrative, or other 
proceedings. 
The immediate family members of a TECRO 
designated employee, forming part of his or 
her household, enjoy the same immunity 
from criminal jurisdiction, arrest, and 
detention, so long as such individuals are not 
U.S. nationals or permanent residents.
TECO Head and Deputy Head
The head and deputy head of each TECO, 
located outside Washington, D.C., who are 
accredited by AIT, enjoy immunity from civil 
and criminal jurisdiction only with respect 
to their official acts. However, they may 
not be arrested or detained pending trial, 
except pursuant to a felony warrant. Their 
residences and property are not inviolable, 
and they may decline to give evidence as 
a witness only on matters related to their 
official duties. 
The immediate family members of a TECO 
head or deputy head enjoy no personal 
inviolability or jurisdictional immunities of 
any kind.
TECO Designated Employees
Designated TECO employees, who are 
accredited by AIT, have no personal 
inviolability, only official acts immunity, 
and enjoy immunity from the obligation to 
provide evidence as a witness only in respect 
to official acts.
The immediate family members of a TECO 
designated employee enjoy no personal 
inviolability or jurisdictional immunities of 
any kind.
III. Categories of Persons Entitled to Privileges and Immunities

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16
Identification of Persons 
Entitled to Privileges and 
Immunities in the United States 
I V.
It is critical for a law enforcement officer to 
identify quickly and accurately the status of any 
person asserting immunity . Numerous documents 
are associated with foreign diplomats; only one 
provides an accurate indication of the status of 
the holder. This section endeavors to explain the 
array of documents and clarify for police officers 
which one may be relied upon.
Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities

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17
Identification Cards Issued by 
the U.S. Department Of State
The only authoritative identity document is the 
identity card issued by the U.S. Department of 
State, the U.S. Mission to the United Nations 
in the case of persons accredited to the 
United Nations, and the American Institute 
in Taiwan for the employees of TECRO or 
TECO. There are three types of identification 
cards (see sample cards beginning on page 30): 
Diplomatic (blue border for diplomats), Official 
(green border for embassy employees and 
United Nations Permanent Mission support 
staff, and TECRO employees), and Consular 
(red border for consular personnel and TECO 
employees). 
The identification cards are 3-7/16” x 2-3/16” 
and contain a photograph of the bearer. The 
bearer’s name, title, mission, city and state, date 
of birth, identification number, and expiration 
date appear on the front of the card. The U.S. 
Department of State seal appears on the back 
of the card. A brief statement of the bearer’s 
criminal immunity, if any, is printed on the 
reverse side. 
While this form of identification is generally 
to be relied upon, law enforcement authorities 
are nonetheless urged to immediately seek 
verification as indicated below in connection 
with any serious incident or in any case where 
they have reason to doubt the validity of the 
card. Police officers should be alert to the fact 
that newly arrived members of diplomatic and 
consular staffs may not yet have these official 
identity documents and should contact the 
U.S. Department of State at numbers listed in 
the Useful Telephone Numbers on page 42 for 
verification if confronted with such situations.
Foreign Diplomatic Passports 
and U.S. Diplomatic Visas:  
Not Conclusive for Immunity
Foreign diplomatic passports containing U.S. 
“A” or “G” visas are issued to a broad range of 
persons, including some individuals who possess 
varying levels of privileges and immunities but 
also those who are not accredited to the United 
States or to international organizations and who 
therefore enjoy no privileges and immunities in 
the United States. 6 This situation is often not 
fully understood, even by the bearers of such 
documents, so police officers must be alert to 
good faith, but erroneous, assertions of immunity 
by those not entitled to it. 
The possession of these documents is an 
indication that the bearer might be entitled 
to privileges and immunities in the United 
States. As mentioned above, temporary duty 
visitors to the United Nations might have only 
6 All foreign personnel assigned to official duty at bilateral diplomatic or consular missions in the United States would have A-category 
visas. G-category visas are issued to foreign personnel assigned to duty at an international organization in the United States or at a 
foreign country’s mission to such organization.

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Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities
18
such documents and might nonetheless be 
entitled to immunity in the United States. A 
similar situation could arise in connection 
with the foreign officer who has just joined a 
diplomatic mission or consular post and has 
not yet received the appropriate U.S. identity 
documents. In cases of doubt, police officers 
should always coordinate with U.S. authorities 
on the list of Useful Telephone Numbers.
T ax Exemption Cards: Not  
Conclusive for Immunity
Under international law, many members of 
diplomatic missions and consular posts and 
certain people associated with international 
organizations would normally be entitled to 
exemption from sales taxation in the United 
States. However, significant numbers of these 
individuals do not enjoy this privilege owing to 
considerations based on reciprocity. The U.S. 
Department of State issues tax exemption cards 
to all those entitled to such exemptions, but tax 
cards do not give a definitive indication of the 
degree of immunity of the bearer. (See sample 
tax exemption cards on page 36.) Accordingly, 
tax exemption cards should not be relied 
upon for immunity purposes and should be 
considered only as an indication that the bearer 
may enjoy some degree of immunity.
Automobile Registration, 
License Plates, and Driver’s 
Licenses: Not Conclusive for 
Immunity
The U.S. Department of State, through its Office 
of Foreign Missions’ Diplomatic Motor Vehicle 
Office, has jurisdiction over the registration of 
vehicles, the issuance of distinctive license plates 
for those vehicles, and the issuance of operator 
permits for individuals who enjoy privileges and 
immunities in the United States. (See sample 
driver’s license and non-driver’s ID cards on 
page 34.) As is the case with tax exemption cards, 
these federal registration documents and driver’s 
licenses do not definitively reflect the degree of 
privileges and immunities of the bearer. They 
should be relied upon only as an indication 
that the bearer may enjoy some degree of 
immunity. Vehicle license plates issued by the 
U.S. Department of State must be understood 
properly by law enforcement authorities in order 
to avoid confusion. 
THE PLATES ARE CODED TO REFLECT THE DEGREE OF IMMUNITY 
THAT THE REGISTERED OWNER OF THE VEHICLE ENJOYS:
PLATES WITH A “D” PREFIX OR 
SUFFIX are issued to diplomatic 
missions and those members who 
hold diplomatic rank.
PLATES WITH A “C” PREFIX  
are issued to consular missions  
and career consular officers.
PLATES WITH AN “S” PREFIX  
are issued to the administrative and 
technical staff at diplomatic missions 
and consular employees at consular 
missions.
PLATES WITH AN “A” PREFIX OR 
SUFFIX are issued to official vehicles 
of the Secretariats of the United 
Nations and the Organization of 
American States and the personally 
owned vehicles of those staff 
members who have diplomatic status.
PLATES WITH AN “E” PREFIX  
are issued to other foreign missions 
that are not included in the above 
categories  and their eligible employees.

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19
The U.S. Department of State’s distinctive 
license plates are designed to assist officers 
in identifying vehicles that belong to foreign 
missions and those mission members who 
may enjoy some degree of immunity. However, 
those plates alone should not be considered 
verification of the status of the vehicle’s 
operator. For example, police officers should 
bear in mind that a diplomatic agent who is 
visiting a consulate may be driving a car with 
“C” plates. Or a U.S. citizen who is the spouse 
of a diplomat may be driving a car with “D” 
plates even though he or she does not have 
immunity. (Conversely, a diplomatic agent or 
consular officer may be driving a rented or 
borrowed car that does not have any type of 
U.S. Department of State license plate.) These 
examples serve to emphasize that, whatever 
kind of license plate is on a vehicle, police 
officers need to verify with the Department of 
State a driver’s claim of diplomatic or consular 
status.
A vehicle registration card is issued at the time 
of initial registration and registration renewal. 
It contains the following information: name 
and address of the registered owner, license 
plate number, vehicle identification number, 
vehicle make, vehicle model, vehicle color, 
date of initial registration, and expiration date 
of the current registration. Decals with the 
month and year reflecting the expiration date 
of the current registration period are issued 
with the card and must be displayed on the 
vehicle’s rear license plate.
The U.S. Department of State’s vehicle 
registration and driver’s license status records 
are available to law enforcement agencies 
through the National Law Enforcement 
Telecommunications System (NLETS). 
Agencies may access these records using 
the standard NLETS registration and driver 
query formats. NLETS has assigned state code 
(destination ORI) “US” to this data base. If 
an agency requires additional motor vehicle 
information, it can be obtained telephonically 
using the numbers on the back of the 
diplomatic driver’s license (also see list of 
Useful Phone Numbers, page 42) or by sending 
an administrative message to “DCDOS015V .”
T elephonic Information  
and Verification 
In all cases, including those in which the 
individual provides a U.S. Department of 
State-issued identification card, the law 
enforcement officer should verify the 
immunity status with the U.S. Department  
of State.
Department of State representatives are 
available 24-hours daily to assist in emergency 
situations and when immediate confirmation 
of a person’s status is required. The telephone 
numbers are printed directly on the back of 
all Department of State-issued identification 
cards and driver’s licenses for ready use in 
such instances, and are also provided on page 
30 herein for reference.
IV. Identification of Persons Entitled to Privileges and Immunities in the United States 

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20
T erms and Procedures
V.
Correct Understanding of Immunity 
Frequently (and erroneously), immunity is 
understood to mean pardon, total exoneration, 
or total release from the responsibility to 
comply with the law . In actuality , immunity 
is simply a legal barrier which precludes U .S. 
courts from exercising jurisdiction over cases 
against persons who enjoy it and in no way 
releases such persons from the duty , embodied 
in international law , to respect the laws and 
regulations of the United States.
Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities

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21
Even those who properly understand the 
concept of immunity sometimes erroneously 
believe that it is senseless to waste valuable 
police time in the investigation and paperwork 
essential to building a legal case on the 
assumption that there is no possibility that 
a conviction will result. However, there are 
diplomatic remedies available to deal with 
such persons even when immunity bars 
prosecution and conviction. As explained 
below, there are a number of important 
reasons for police authorities to give careful 
attention to the documentation of incidents 
involving persons enjoying privileges and 
immunities. Such incidents should always be 
promptly reported to the U.S. Department  
of State.
Personal Inviolability  
vs. Public Safety 
Personal inviolability is enjoyed to some 
degree by a majority of foreign diplomatic 
and consular personnel. This inviolability 
generally precludes handcuffing, arrest, 
or detention in any form and forbids U.S. 
authorities from entering the residences, 
automobiles, or other property of protected 
persons. Personal inviolability is, however, 
qualified by the understanding, well 
established in international practice, that 
the host country does not give up its right to 
protect the safety and welfare of its populace 
and retains the right, in extraordinary 
circumstances, to prevent the commission  
of a crime.
Thus, in circumstances where public safety 
is in imminent danger or it is apparent that 
a grave crime may otherwise be committed, 
police authorities may intervene to the 
extent necessary to halt such activity. This 
naturally includes the power of the police 
to defend themselves from personal harm.
Waiver of Immunity 
Diplomatic and consular immunity are 
not intended to benefit the individual; 
they are intended to benefit the mission of 
the foreign government or international 
organization. Thus an individual does 
not “own” his or her immunity and it may 
be waived, in whole or in part, by the 
mission member’s government. The U.S. 
Department of State will request a waiver 
of immunity in every case in which the 
prosecutor advises that he or she would 
prosecute but for immunity. The U.S. 
Department of State’s ability to secure such 
waiver may depend to a large degree on 
the strength (and documentation) of the 
case at issue. Similarly, it is of little avail 
for the U.S. Department of State to secure 
a waiver of immunity in a particular case, 
if the case has not been developed with 
sufficient care and completeness to permit 
a successful subsequent prosecution. 
Proper documentation and reporting by 
law enforcement authorities play a critical 
role in both of these respects. 

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Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities
22 Expulsion Procedure
The criminal immunity that foreign 
diplomatic and some consular personnel enjoy 
protects them from the normal jurisdiction 
of the courts with respect to alleged criminal 
activity. However, in those instances in which 
a person with immunity is believed to have 
committed a serious offense (any felony or 
crime of violence) and the sending country has 
not acceded to the U.S. Department of State’s 
request for a waiver of immunity, it is the 
Department’s policy to require the departure 
of that individual from the United States. 
Requiring the departure of a person who 
enjoys immunity is an extreme diplomatic 
tool, and it is used only after the most careful 
consideration to ensure that the United 
States is not perceived as having acted in an 
arbitrary, capricious, or prejudiced manner. A 
high standard of police investigation, records, 
and reporting in diplomatic incident cases is 
therefore essential to permit the Department 
to make the appropriate decision.
Official Acts Immunity
As explained in Section III, official acts 
immunity is not a prima facie bar to the 
exercise of jurisdiction by U.S. courts. 
Rather, it is an affirmative defense to be 
raised before the U.S. court with subject 
matter jurisdiction over the alleged crime. 
Only such court, in the full light of all the 
relevant facts, determines whether the 
action complained of was an official act. 
Should the court determine that official 
acts immunity applies in a certain case, 
international law precludes the further 
exercise of jurisdiction by the United States. 
Judicial determination in a case of this 
type is very much dependent on the facts 
surrounding the incident; therefore, a full 
and complete police report may be critical in 
permitting the court to make a just decision.

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23T ermination of Immunity
Criminal immunity precludes the exercise of 
jurisdiction by the courts over an individual 
whether the incident occurred prior to or 
during the period in which such immunity 
exists. This jurisdictional bar is, however, 
not a perpetual benefit. With the exception 
of immunity for official acts (which exists 
indefinitely), criminal immunity expires 
upon the termination of the diplomatic or 
consular tour of the individual enjoying 
immunity. Therefore, obtaining an indictment, 
information, or arrest warrant could lay the 
basis for a prosecution at a later date, e.g., if 
the diplomat returns to the United States at a 
later date in a private capacity. Moreover, the 
existence of an outstanding arrest warrant 
may be entered into the records of the 
National Crime Information Center (NCIC) 
and thus serve to bar the subsequent issuance 
of a U.S. visa permitting such person to enter 
the United States.
Archives
The archives and official documents of a 
diplomatic or consular post are inviolable 
at all times and wherever they may be. 
The consular archives and documents of 
a consular post headed by an honorary 
consular officer are inviolable provided they 
are kept separate from other papers and 
documents of a private or commercial nature 
relating to other activities of an honorary 
consular officer or persons working with 
that consular officer. 
V. T erms and Procedures

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24
Handling Incidents
VI.
U.S. Department of State Policy
It is the policy of the U .S. Department of State, 
with respect to alleged criminal violations 
by persons with immunity from criminal 
jurisdiction, to encourage law enforcement 
authorities to pursue investigations vigorously , 
to prepare cases carefully and completely , and 
to document properly each incident so that 
charges may be pursued as far as possible in the 
U .S. judicial system. 
Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities

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25
The U.S. Department of State will, in all incidents 
involving persons with immunity from criminal 
jurisdiction, request a waiver of that immunity 
from the sending country if the prosecutor 
advises that but for such immunity he or she 
would prosecute or otherwise pursue the 
criminal charge. If the charge is a felony or any 
crime of violence, and the sending country does 
not waive immunity, the U.S. Department of State 
will require that person to depart the United 
States and not return unless he or she does so 
to submit to the jurisdiction of the court with 
subject matter jurisdiction over the offense. Upon 
departure, the Department will request that law 
enforcement issue a warrant for the person’s 
arrest so that the name will be entered in NCIC. 
The vast majority of persons entitled to 
privileges and immunities in the United States 
are judicious in their actions and keenly aware 
of the significance attached to their actions as 
representatives of their sending country. On 
occasion, however, one of them may become 
involved in criminal misconduct. The more 
common violations are traffic (illegal parking, 
speeding, reckless driving, and DWI), shoplifting, 
and assault. 
Whatever the offense or circumstances of 
contact, law enforcement officers should 
keep in mind that such persons are official 
representatives of foreign governments who are 
to be accorded the maximum degree of respect 
possible under the circumstances. It is not an 
exaggeration to say that police handling of 
incidents in this country may have a direct effect 
on the treatment of US. diplomatic or consular 
personnel abroad. 
General Procedures
Verifying Suspect Identify and Status
When a law enforcement officer is called to the 
scene of a criminal incident involving a person 
who claims diplomatic or consular immunity, 
the first step should be to verify the status of 
the suspect. Should the person be unable to 
produce satisfactory identification and the 
situation be one that would normally warrant 
arrest or detention, the officer should inform 
the individual that he or she will be detained 
until his or her identity can be confirmed. In 
all cases, including those in which the suspect 
provides a U.S. Department of State-issued 
identification card, the law enforcement officer 
should verify the suspect’s status by contacting 
the U.S. Department of State or, in the case of 
the UN community, with the U.S. Mission to 
the United Nations at the phone numbers listed 
in the back of this booklet (Useful Telephone 
Numbers). Once the status is verified, the officer 
should prepare his or her report, fully describing 
the details and circumstances of the incident in 
accordance with normal police procedures. 
Personal Inviolability and Questions 
Regarding Handcuffing
If the suspect enjoys personal inviolability, he 
or she may not be handcuffed, except when that 
individual poses an immediate threat to safety, 
and may not be arrested or detained. Once all 
pertinent information is obtained, that person 
must be released. A copy of the incident report 
should be faxed or emailed as soon as possible to 
the U.S. Department of State in Washington, D.C., 

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Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities
26
or to the U.S. Mission to the UN in New York 
in cases involving the UN community. Detailed 
documentation of incidents is essential to enable 
the U.S. Department of State to carry out its 
policies.
Traffic Enforcement
Stopping a mission member or dependent and 
issuing a traffic citation for a moving violation 
is permitted and does not constitute arrest 
or detention. However, the subject may not 
be compelled to sign the citation. In all cases, 
officers should follow their departmental 
guidelines and document the facts of the case 
fully. A copy of the citation and any other 
documentation regarding the incident should 
be forwarded to the U.S. Department of State as 
soon as possible. 
For “must appear” offenses, the Department 
uses the citation and any report as the basis for 
requesting an “express waiver of immunity.” 
Individuals cited for pre-payable offenses are 
given the option of paying the fine or obtaining a 
waiver in order to contest the charge.
DUI and Other Serious Cases
In serious cases, e.g., DWI, DUI, personal 
injury, and accidents, officers on the scene 
should make telephonic notification to the 
U.S. Department of State (using the numbers 
provided on the reverse side of the Department 
of State driver’s license if available). The 
officer should follow his or her department’s 
guidelines with respect to the conduct of a 
field sobriety investigation. If appropriate, 
standardized field sobriety testing should be 
offered and the results fully documented. The 
taking of these tests may not be compelled. If 
the officer judges the individual too impaired 
to drive safely, the officer should not permit 
the individual to continue to drive (even in the 
case of diplomatic agents). Depending on the 
circumstances, there are several options. The 
officer may, with the individual’s permission, 
take the individual to the police station or 
other location where he or she may recover 
sufficiently to drive; the officer may summon, 
or allow the individual to summon, a friend or 
relative to drive; or the police officer may call a 
taxi for the individual. If appropriate, the police 
may choose to provide the individual with 
transportation.
Driver History, Infractions, and 
“Point” Program
The U.S. Department of State’s Diplomatic 
Motor Vehicle Office maintains driver histories 
on all its licensees and assesses points for 
moving violations. Drivers who demonstrate 
a pattern of bad driving habits or who commit 
an egregious offense such as DWI are subject 
to having their licenses suspended or revoked 
as appropriate. This policy can be enforced 
effectively only if all driving infractions (DWI, 
DUI, reckless driving, etc.) are reported 
promptly to the U.S. Department of State. It 

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27
is U.S. Department of State policy to assign 
“points” for driving infractions and to suspend 
the operator license of foreign mission 
personnel who abuse the privilege of driving 
in the United States by repeatedly committing 
traffic violations and demonstrating unsafe 
driving practices.
Property Inviolability and Vehicles
The property of a person enjoying full criminal 
immunity, including his or her vehicle, may 
not be searched or seized. Such vehicles 
may not be impounded or “booted” but may 
be towed the distance necessary to remove 
them from obstructing traffic or endangering 
public safety. If a vehicle that is owned by a 
diplomat is suspected of being stolen or used 
in the commission of a crime, occupants of 
the vehicle may be required to present vehicle 
documentation to permit police verification 
of the vehicle’s status through standard access 
to NLETS (use access code US). Should the 
vehicle prove to have been stolen or to have 
been used by unauthorized persons in the 
commission of a crime, the inviolability to 
which the vehicle would normally be entitled 
must be considered temporarily suspended, 
and normal search of the vehicle and, if 
appropriate, its detention, are permissible.
Vehicles registered to consular officials, 
including those with full criminal immunity, 
and consulates are not inviolable and may be 
towed, impounded, or booted in accordance 
with local procedures. The U.S. Department of 
State should be notified if a consular vehicle has 
been detained or impounded so that its Office of 
Foreign Missions can follow up with the proper 
consular official or mission.
U.S. Department of State License Plates
Federal license plates issued by the U.S. 
Department of State are not the property of the 
diplomat or of a diplomatic mission and remain 
the property of the Department at all times. 
As such, they must be surrendered to the U.S. 
Department of State when recalled. Similarly, 
these license plates may not be transferred 
from the vehicle to which they were assigned 
by the U.S. Department of State without the 
authorization of its Office of Foreign Missions.
Insurance
In cases where the officer at the scene has 
determined that the vehicle is being operated 
without insurance and/or has verified with 
the U.S. Department of State that the vehicle 
bearing U.S. Department of State license plates 
is not the vehicle for which those plates were 
intended, the Department may request that 
the local law enforcement agency impound the 
plates and return them to the Department. Such 
impoundment should only be upon the request 
of the U.S. Department of State. Subsequent 
detention of the vehicle must conform to the 
guidelines above.
VI. Handling Incidents

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28
It is important that law enforcement and judicial 
authorities of the United States always treat foreign 
diplomatic and consular personnel with respect and 
with due regard for the privileges and immunities to 
which they are entitled under international law . 
Any failure to do so has the potential of casting 
doubt on the commitment of the United States to 
carry out its international obligations or of negatively 
influencing larger foreign policy interests. 
As stated above, however, appropriate caution 
should not become a total “hands off’ attitude 
in connection with criminal law enforcement 
actions involving diplomats. 
Foreign diplomats who violate traffic laws 
should be cited. Allegations of serious crimes 
should be fully investigated, promptly reported 
to the U.S. Department of State, and procedurally 
developed to the maximum permissible extent. 
Local law enforcement authorities should 
never be inhibited in their efforts to protect the 
public welfare in extreme situations. The U.S. 
Department of State should be advised promptly 
of any serious difficulties arising in connection 
with diplomatic or consular personnel. Law 
enforcement and judicial authorities should 
feel free to contact the U.S. Department of State 
for general advice on any matter concerning 
diplomatic or consular personnel.
Conclusion
VII.
Diplomatic and Consular Immunity:  Guidance for Law Enforcement and Judicial Authorities

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29
APPENDICES

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30
U.S. DEPARTMENT OF STATE IDENTIFICATION CARDS
The United States Department of State, the U.S. Mission to the United Nations, and the American 
Institute in T aiwan issue identification documents to foreign government personnel who are entitled to 
immunity. Samples of the identification cards are provided here. Because there are different degrees of 
immunity, law enforcement officers should read carefully identification cards presented to them. 
Blue bordered 
cards are issued to 
Ambassadors/Chiefs 
of Mission/Deputy 
Chiefs of Mission and 
their families. They 
are entitled to full 
criminal immunity and 
may not be arrested or 
detained.
APPENDIX A
EXAMPLES: IDENTIFYING DOCUMENTS
Blue bordered 
cards are issued to 
diplomatic agents 
and their families. 
They are entitled to 
full criminal immunity 
and may not be 
arrested or detained. 
Diplomatic and Embassy Staff Identification Cards

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31
Blue bordered cards 
are issued to UN 
diplomatic officers and 
their eligible family 
members. They are 
entitled to full criminal 
immunity and may 
not be arrested or 
detained.
Green bordered cards 
are issued to support 
staff at UN permanent 
missions. They are 
entitled to immunity 
for official acts only 
and are not immune 
from arrest or the 
issuance of a citation. 
Green bordered 
cards are issued to 
embassy administrative 
and technical staff 
employees and their 
families. This card 
signifies that the bearer 
is entitled to full criminal 
immunity and may not 
be arrested or detained.
Green bordered 
cards are issued to 
embassy service staff 
employees. This card 
signifies that the 
bearer is entitled to 
immunity for official 
acts only.
United Nations Identification Cards

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32
Consular Identification Cards
APPENDIX A
EXAMPLES: IDENTIFYING DOCUMENTS (CONTINUED)
Red bordered cards 
are issued to career 
consular officers. This 
card signifies that the 
bearer is entitled to 
immunity for official 
acts only.
Red bordered cards are 
issued to career consular 
employees. This card 
signifies that the bearer 
is entitled to immunity 
for official acts only.
Red bordered cards are issued 
to consular officers/ employees 
and their families from countries 
with which the U.S. has special 
agreements. They are entitled to 
full criminal immunity and may 
not be arrested or detained.
Red bordered cards 
are issued to honorary 
consular officers. This 
card signifies that the 
bearer is entitled to 
limited immunity for 
official acts only.
Red bordered cards 
are issued to family 
members of consular 
officers at Consulates. 
The bearer is not 
entitled to immunity but 
should be treated with 
due respect.

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33
Green bordered 
cards are issued to 
employees at the Taipei 
Economic and Cultural 
Representative Office 
(TECRO).  The bearer is 
entitled to full criminal 
immunity and may not 
be arrested or detained.
Green bordered cards 
are issued to the family 
members of TECRO – 
designated employees.  
The bearer is entitled to 
full criminal immunity 
and may not be arrested 
or detained.
Red bordered cards are issued 
to the head and deputy head 
of the Taipei Economic and 
Cultural Offices (TECO). The 
bearer is entitled to immunity 
for official acts only but may not 
be arrested or detained pending 
trial except on a warrant for a 
felony offense punishable by at 
least one year in jail.  
Red bordered cards are 
issued to the employees 
other than the head or 
deputy head of a TECO 
office.  The bearer is 
entitled to immunity for 
official acts only.
Red bordered cards 
are issued to the family 
members of TECO – 
designated employees. 
The bearer is not 
entitled to immunity but 
should be treated with 
due respect.
American Institute in T aiwan Identification Cards

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APPENDIX A
EXAMPLES: IDENTIFYING DOCUMENTS (CONTINUED)
U.S. DEPARTMENT OF STATE DRIVER’S LICENSE AND NON-DRIVER’S ID
Description: Background colors on the front are powder blue fading to a pink image of Lincoln Memorial interior; 
lettering is black, with gold OFM logo in bottom right corner. U.S. Department of State driver’s licenses are designed 
with state-of-the-art security features that are intended to defeat any attempts to manufacture counterfeit versions 
of these cards. These features include, but are not limited to, the use of laser-engraved personalization of data, the 
inclusion of an optically variable device or Kinegram, and tactile micro-text (small raised text).

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APPENDIX A
EXAMPLES: IDENTIFYING DOCUMENTS (CONTINUED)
U.S. DEPARTMENT OF STATE TAX EXEMPTION CARD
Diplomatic T ax Exemption Cards are designed with state-of-the-art security features that are 
intended to defeat any attempts to manufacture counterfeit versions of these cards. These 
features include, but are not limited to, the use of laser-engraved personalization of data, the 
inclusion of an optically variable device or Kinegram, and tactile micro-text (small raised text).

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AMERICAN INSTITUTE IN TAIWAN TAX EXEMPTION CARD
American Institute in T aiwan T ax Exemption Cards are designed with the same state-of-the-art 
security features as the Diplomatic T ax Exemption Cards, with gold USA logo in the bottom 
right corner.

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CATEGORIES OF OFM LICENSE PLATES
APPENDIX B
SAMPLES OF U.S. DEPARTMENT OF STATE-ISSUED DIPLOMATIC  
AND UNITED NATIONS MISSIONS LICENSE PLATES
Diplomatic and Consular  Missions
Secretariats to International Organizations
United Nations

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Other Foreign Missions
Handicapped
Trailer T emporary 

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40
APPENDIX C
Category Arrested  
or Detained?
Enter Residence  
Subject to Ordinary  
Procedures?
Issued  
Traffic  
Citation?
Subpoenaed  
as Witness? Prosecuted? Recognized  
Family Member?
International  
Organizations
International Organization Staff 3 Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult Dept. of State.
No immunity  
or inviolability.
Diplomatic-Level Staff of Missions  
to International Organizations No 1 No Ye s No No Same as sponsor  
(full immunity and inviolability).
Support Staff of Missions  
to International Organizations Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
Diplomatic
Diplomatic Agent No 1 No Ye s No No Same as sponsor  
(full immunity and inviolability).
Member of Administrative  
and T echnical Staff No 1 No Ye s No No Same as sponsor  
(full immunity and inviolability).
Service Staff 2 Ye s Ye s Ye s Ye s Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
Consular
Career Consular Officers 2
No, except in the case of a felony and 
pursuant to a warrant. Y es 4 Ye s
No—for official acts.  
T estimony may not be 
compelled in any case.
Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
Honorary Consular Officers Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
Consular Employees 2 Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
TECRO/TECO
TECRO Designated Employee No No Ye s No No Immunity from criminal jurisdiction, 
arrest, and detention.
TECO Head/Deputy Head No, except in the case of a felony and 
pursuant to a warrant. Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult AIT. No immunity or inviolability.
TECO Designated Employee Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult AIT. No immunity or inviolability.
DIPLOMATIC AND CONSULAR PRIVILEGES AND  
IMMUNITIES FROM CRIMINAL JURISDICTION
LAW ENFORCEMENT ASPECTS SUMMARY
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. 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.

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Category Arrested  
or Detained?
Enter Residence  
Subject to Ordinary  
Procedures?
Issued  
Traffic  
Citation?
Subpoenaed  
as Witness? Prosecuted? Recognized  
Family Member?
International  
Organizations
International Organization Staff 3 Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult Dept. of State.
No immunity  
or inviolability.
Diplomatic-Level Staff of Missions  
to International Organizations No 1 No Ye s No No Same as sponsor  
(full immunity and inviolability).
Support Staff of Missions  
to International Organizations Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
Diplomatic
Diplomatic Agent No 1 No Ye s No No Same as sponsor  
(full immunity and inviolability).
Member of Administrative  
and T echnical Staff No 1 No Ye s No No Same as sponsor  
(full immunity and inviolability).
Service Staff 2 Ye s Ye s Ye s Ye s Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
Consular
Career Consular Officers 2
No, except in the case of a felony and 
pursuant to a warrant. Y es 4 Ye s
No—for official acts.  
T estimony may not be 
compelled in any case.
Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
Honorary Consular Officers Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
Consular Employees 2 Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult Dept. of State. No immunity or inviolability.
TECRO/TECO
TECRO Designated Employee No No Ye s No No Immunity from criminal jurisdiction, 
arrest, and detention.
TECO Head/Deputy Head No, except in the case of a felony and 
pursuant to a warrant. Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult AIT. No immunity or inviolability.
TECO Designated Employee Ye s Ye s Ye s No—for official acts.  
Y es, in all other cases.
Official acts immunity. 
Consult AIT. No immunity or inviolability.
DIPLOMATIC AND CONSULAR PRIVILEGES AND  
IMMUNITIES FROM CRIMINAL JURISDICTION
LAW ENFORCEMENT ASPECTS SUMMARY
Diplomatic Security Command Center
Direct questions or inquiries to the 
Diplomatic Security Command Center.   
Call:  571-345-3146   
T oll free: 1-866-217-2089
Available 24 hours daily
Consular Notification
Assistance with consular notification 
procedures following the arrest or 
detention of a foreign national. 
Business hours:  202–485–7703
After-hours:  202–647–1512
Email:  consnot@state.gov  
Immunity Issues
Contact the Office of Foreign Missions: 
Business hours: 202-895-3521 
After-hours: 571–345–3146 
T oll-free: 1-866-217-2089
Send all citations/reports to 
OFMDMVEnforcement@state.gov or  
via fax to 202-895-3646.
Revised August 2018

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APPENDIX D
USEFUL TELEPHONE NUMBERS
ALL FOREIGN MISSIONS AND THEIR PERSONNEL
(Other than United Nations or TECRO/TECO)
During Business Hours (Monday-Friday, 8am-5pm EST)
T o verify immunity, call the Office of Foreign 
Missions (OFM): 202-895-3521
Send Reports/Citations to OFM: OFMDMVEnforcement@state.gov
202-895-3646 (Fax) 
For 24/7 Hour Response, Call Diplomatic 
Security Command Center
(571)-345-3146 
(866)-217-2089 
MISSIONS AND SECRETARIAT TO THE UNITED NATIONS AND THEIR PERSONNEL
During Business Hours (Monday-Friday, 9am-5pm EST)
T o verify immunity and for law  
enforcement inquiries:
212-415-4168
212-415-4407
212-415-4300
Diplomatic motor vehicle registration 
and driver’s licensing inquiries:
202-895-3521
OFMDMVInfo@State.gov 
After Hours
USUN–Communications Section 212-415-4444
TECRO/TECO AND THEIR PERSONNEL
During Business Hours (Monday-Friday, 9am-5pm EST)
T o verify immunity and for law  
enforcement inquiries: 703-525-8474
Diplomatic motor vehicle registration  
and driver’s licensing inquiries:
202-895-3521
OFMDMVInfo@state.gov 

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For information on the obligation to notify consular 
officers of the arrest and detention of a foreign national 
in the United States, please refer to the following: 
Office of Policy Coordination and Public Affairs  
Bureau of Consular Affairs  
U.S. Department of State  
2100 C St. NW, Room 4800 
Washington, DC 20520  
T elephone: (202) 485-7703 
Email: consnot@state.gov  
Website: https:/ /travel.state.gov/CNA
Photo Credits: Cover images (Shutterstock)

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United States Department of State
Office of Foreign Missions
Washington, D.C.  20522-2008
Revised August 2018
www.state.gov/ ofm