Consular immunity
Encyclopedia
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.

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