12.556 DIPLOMATIC IMMUNITY
References:
Standards Manual – 1.2.4, 1.2.5, 61.1.3
Information:
There are three types of identification cards:




Diplomatic (blue border for diplomats)
Official (green border for employees)
Consular (red border for consular personnel)

Cards are 3¾” x 2½” and contain a photo of the bearer. The bearer’s name, title,
mission, city and state, date of birth, identification number, expiration date, and a U.S.
Department of State seal appears on the front of the card. A brief statement of the
bearer’s immunity is printed on the reverse side.
Definitions:
Diplomatic Immunity - full or limited criminal immunity which the personnel of a foreign
diplomatic mission and, in varying degrees, their family members enjoy because they
serve as representatives of a sovereign state and require special rights and guarantees
for the effective functioning of the mission.
Diplomatic Agents - a term embracing heads of missions, ambassadors, and charge
d’affaires, and members of their diplomatic staff.
Administrative and Technical Staff - this category includes secretaries, clerical
personnel, office managers, and certain professional security personnel. These
persons also enjoy a high level of privilege, but somewhat less than diplomatic agents.
Service Staff - theses persons are drivers, cleaners, and building/grounds personnel.
They have much less in the way of immunity.
Consular Officers - are not to be confused with diplomatic agents and do not enjoy the
privileges and immunities.
Special Bilateral Agreements - there are some foreign countries in respect of which the
categories set above are not applicable. These are countries with which the United
States has bilateral agreements which grant significantly higher privileges and
immunities to all members of their embassy staffs and sometimes their family members.

Purpose:
To comply with federal laws regulating diplomatic immunity through the delivery of fair
and impartial police services.
Establish Department procedure for dealing with diplomatic immunity. It is understood
that dealing with diplomatic immunity poses particular problems for law enforcement
officers in applying immunity if they do not understand it’s purposes or rules.
Policy:
It is imperative that officers perform good investigations, keep good records, and report
whatever appropriate, to the State Department. This allows the State Department to
exercise the tools it has to remove individuals from the U.S. who are engaged in
criminal activity or to revoke the driving privileges from individuals who repeatedly
violate the traffic code.
Procedure:
A.

Claims of Diplomatic Immunity:
1.

When proper I.D. is shown and status is verified, officers will fully respect the
immunity.

2.

If a person claims immunity and cannot show proper I.D. during an incident
that would normally require arrest or detention, or an officer believes invalid
I.D. is being presented, inform the person that he/she will be held in custody
until proper identity can be confirmed.
a.

B.

Contact the Command Center of the Bureau of Diplomatic Security,
Department of State, at (202)-647-7277, 24 hrs./day.

Full Criminal Immunity:
1.

Full criminal immunity is more than immunity from prosecution. It means that
the residence, vehicles, papers, and correspondence of an individual with
this immunity classification cannot be searched, the person cannot be
detained or arrested, and is not required to give evidence as a witness.

2.

The following individuals are entitled full criminal immunity:
a.

Diplomatic agents
1)

b.

Head of mission (Ambassador or Charge d’affaires)

Diplomatic Staff of Mission

c.

1)

Members of the Delegation of the Commission of the European
Communities

2)

Permanent Representatives and Senior Staff of Missions to
Organization of American States and United Nations

3)

Senior Officials of the United Nations Secretariat

Administrative and Technical Staff
1)

Administrative Officers/Assistants

2)

Security Officers

3)

Purchasing Agents

4)

Budget and Fiscal Technicians

5)

Archivists

6)

Cryptographers

7)

Receptionists/Secretaries

8)

Stenographers/Typists

9)

Clerks

10) Couriers/Messengers
11) Guards
d.

Families of Diplomatic Agents, Staff of Mission, Administrative and
Technical Staff
1)

Spouses

2)

Dependent children until age 21 or age 23 if full time student at an
institution of higher learning.

C.

Limited Criminal Immunity:
1.

Service staff members have limited criminal immunity. They can be
detained, arrested, and prosecuted for criminal acts. Service staff can be
required to give evidence as witnesses and their persons and effects can be
searched.

2.

The following individuals are entitled limited criminal immunity:
a.

b.
D.

Service staff members have limited immunity only for acts in the course
of their duties. (Court decides if acts are in the course of duties)
1)

Chauffeurs

2)

Drivers

3)

Servants in missions

4)

Employees performing domestic duties in missions

Families of service staff do not have immunity.

Traffic Violations & Driving Under the Influence:
1.

2.

Officers may issue drivers having diplomatic immunity an appropriate citation
or warning for any moving violation.
a.

The issuance of a traffic citation does not constitute an arrest or
detention.

b.

Diplomats are not required to sign the citation and cannot be arrested
for refusal to sign.

c.

Officers will notify their supervisor of the issuance of a citation(s) and
the refusal to sign.

d.

A supervisor’s presence at the scene is not required.

If an officer has probable cause to believe a person with full immunity is
driving under the influence (DUI) he/she will:
a.

Not allow the person to continue operating the vehicle.

b.

Issue traffic citation(s) for DUI and other related traffic offenses. A
physical arrest cannot be made.

E.

F.

c.

Provide assistance in parking the vehicle. Do not tow the vehicle.

d.

Offer field performance tests and Blood Alcohol Concentration (BAC)
tests. Diplomats are not required to take tests.

e.

Notify supervisor.

Criminal Incidents:
1.

Where public safety is in imminent danger or it’s apparent that a serious
crime has been committed, an officer(s) may intervene to the extent
necessary to halt the activity.

2.

Immediately notify a supervisor.

3.

Record all pertinent details and circumstances of the incident and information
from the I.D. card(s).

Supervisors will:
1.

Respond to scene of incidents of immunity which would have resulted in an
arrest for a person without immunity.

2.

Report serious incidents by telephone as soon as possible to the Command
Center of the Bureau of Diplomatic Security, Department of State, at (202)647-7277, 24 hrs./day.

3.

Fax a copy of related paperwork and information regarding all criminal
incidents and traffic citations to Intelligence Section.