Consular immunity privileges are described in the Vienna Convention on Consular Relations

Vienna Convention on Consular Relations

The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent countries...

 of 1963 (VCCR). Consular immunity offers protections similar to diplomatic immunity

Diplomatic immunity

Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...

, but these protections are not as extensive, given the functional differences between consular

Consul (representative)

The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries...

 and diplomatic officers. For example, consular officers are not accorded absolute immunity from a host country’s criminal jurisdiction

Criminal jurisdiction

Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime...

, they may be tried for certain local crimes upon action by a local court, and are immune from local jurisdiction only in cases directly relating to consular functions.

Consular and Diplomatic immunity in the US

Category		May be arrested or detained	Residence may be entered subject to ordinary procedures	May be issued traffic ticket	May be subpoenaed as witness	May be prosecuted	Official family member
Diplomatic	Diplomatic agent	No1	No	Yes	No	No	Same as sponsor
	Member of administrative and technical staff	No1	No	Yes	No	No	Same as sponsor
	Service staff	Yes2	Yes	Yes	Yes	No, for official acts. Otherwise, yes2	No2
Consular	Career consular officers	Yes, if for a felony and pursuant to a warrant.2	Yes4	Yes	No, for official acts. Testimony may not be compelled in any case.	No, for official acts. Otherwise, yes3	No2
	Honorary consular officers	Yes	Yes	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes	No
	Consular employees	Yes2	Yes	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes2	No2
International organization	Diplomatic - level staff of missions to international organizations	No1	No	Yes	No	No	Same as sponsor
	International organization staff3	Yes3	Yes3	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes3	No2
	Support staff of missions to international organizations	Yes	Yes	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes	No
1Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or the prevention of serious criminal acts.
2This 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.
3A small number of senior officers are entitled to be treated identically to "diplomatic agents".
4Note that consular residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry.

External links

• U.S. Department of State - Legal Aspects of Diplomatic Immunity and Privileges
• U.S. Diplomacy - Diplomatic and Consular Immunity