Diplomatic and Consular Immunity:

UNITED STATES DEPARTMENT OF STATE

OFFICE OF FOREIGN MISSIONS

Diplomatic and

Consular Immunity:

Guidance for Law Enforcement

and Judicial Authorities

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:

Oce of the Legal Advisor

Diplomatic Law and Litigation

2201 C St. NW, Room 6422

Washington, DC 20520

http://www.state.gov/s/l/

Oce of Foreign Missions

2201 C St. NW, Room 2236

Washington, DC 20520

202-895-3500

www.state.gov/ofm

Oce 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.

UNITED STATES DEPARTMENT OF STATE

OFFICE OF FOREIGN MISSIONS

Diplomatic and

Consular Immunity:

Guidance for Law Enforcement

and Judicial Authorities

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

20 V. Terms and Procedures

y Correct Understanding of Immunity

y Personal Inviolability vs. Public Safety

y Waiver of Immunity

y Expulsion Procedure

y Ocial 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 Telephone Numbers

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 ocers 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 ocers in

the handling of incidents involving foreign diplomatic and

consular personnel.

What Is diplomatic immunity?

Diplomatic immunity is a principle of

international law by which certain foreign

government ocials are not subject to

the jurisdiction of local courts and other

authorities for both their ocial and, to a

large extent, their personal activities.

Introduction

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

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 ocers 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 ocers 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

ocers with the general rules of diplomatic

and consular immunity and to provide them

with speciﬁc guidance regarding the handling

of dicult situations.

The term diplomatic immunity is popularly,

and erroneously, understood to refer to special

protections aorded all employees of foreign

governments who are present in the United

States as ocial representatives of their home

governments. Law enforcement ocials,

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, dierent

levels of immunity may be accorded to dierent

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 ocial business

or for pleasure.

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 eectively 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

The United States beneﬁts greatly from the

concept as it protects U.S. diplomats assigned to

countries with judicial systems far dierent 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 ocials, 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 ocers 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 ecient and eective performance

of their ocial missions on behalf of their

governments. This is a crucial point for law

enforcement ocers to understand in their

dealings with foreign diplomatic and consular

personnel. While police ocers 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 oenders.

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 stas of diplomatic missions

(embassies) are aorded the highest level of

privileges and immunities in the host country

in order that they may eectively perform their

important duties.

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

Under modern international law (reﬂected

in the Vienna Convention on Diplomatic

Relations), however, there are dierent

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.

“Diplomatic agent”

is the term for ambassadors and the other

diplomatic ocers who generally have the

function of dealing directly with host country

ocials. This category enjoys the highest

degree of immunity. The next category is

“members of the administrative and technical

sta” of the mission, which includes those

persons who support the activities of

diplomatic agents. This category includes

secretaries, certain clerical personnel, oce

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 sta enjoy privileges and immunities

that in some respects are less than diplomatic

agents. Finally, there are the “members of

the service sta” of the diplomatic mission

who perform tasks such as driving, cleaning,

and/or grounds maintenance. These persons

are aorded 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.

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 handcued (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 oense unless their immunity is

The deﬁnition of these categories is general since the category into which speciﬁc individuals fall may dier 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 aorded once the person concerned

has been precisely identiﬁed.

The private servants of diplomatic personnel enjoy no jurisdictional immunity or inviolability in the United States.

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

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;

professional or commercial activities outside

the scope of their ocial 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.

Members of Administrative

and Technical Sta

Members of the administrative and technical

sta of a diplomatic mission perform tasks

critical to the inner workings of the embassy.

Accordingly, they enjoy privileges and

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 dierent.

Members of the administrative and technical

sta enjoy immunity from civil jurisdiction

only in connection with the performance of

their ocial duties. This is commonly known

as ocial 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

sta enjoy the same privileges and immunities

from the host country’s criminal jurisdiction

as their sponsors. Since these family members

have no ocial duties to perform, they enjoy no

immunity from civil jurisdiction.

Members of Service Sta

Members of the service sta 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 sta

members have ocial acts immunity only

(see further explanation below) and enjoy

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 sta members enjoy no privileges or

immunities.

Nationals or Permanent Residents

of the United States

The general rules set forth previously assume

that the sta 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.

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 sta (including their families) and

members of the service sta enjoy no privileges

and immunities if they are U.S. nationals, legal

permanent residents, or foreign nationals

“permanently resident in” the United States.

Police ocers 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 ocials 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

sta 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 ocers should be aware of this

distinction because they may have to confront

situations where a chaueur 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 ocial duty with diplomatic missions

ordinarily do not enjoy any privileges and

immunities (law enforcement authorities

III. Categories of Persons Entitled to Privileges and Immunities

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

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

eectively; 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 oender

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 eective

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

diculties 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 Ocers

Consular ocers 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

ocial acts or functional immunity in respect

of both criminal and civil matters, and their

personal inviolability is quite limited. Consular

ocers may be arrested or detained pending

trial only if the oense 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).

They can be

prosecuted for misdemeanors, but remain at

liberty pending trial or other disposition of

charges. Property of consular ocers is not

inviolable. Consular ocers are not obliged to

provide evidence as witnesses in connection

with matters involving their ocial duties, to

produce ocial documents, or to provide expert

witness testimony on the laws of the sending

country. Absent a bilateral agreement, the family

members of consular ocers enjoy no personal

inviolability and no jurisdictional immunity of

any kind.

As indicated, ocial acts immunity pertains

in numerous dierent circumstances. No law

enforcement ocer, U.S. Department of State

ocer, diplomatic mission, or consulate is

authorized to determine whether a given set

of circumstances constitutes an ocial 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

ocial 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

armative defense that the actions complained

of arose in connection with the performance

of ocial 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 ocers are requested to contact the

Department of State before arresting a consular

ocer, or, if not possible, immediately after

arrest.

Consular ocers who are full-time practitioners

of consular functions are referred to as “career”

consular ocers. These ocers 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 ocers are

prohibited by international law from engaging in

professional or commercial activities outside the

scope of their ocial consular functions.

Consular Employees

Consular employees perform the administrative

and technical support services for the consular

post. They have no personal inviolability, only

ocial acts immunity, and enjoy immunity from

the obligation to provide evidence as witnesses

Police ocers 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

ocers, such arrest may be carried out only if the police ocer 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

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

only in respect of ocial acts. Their family

members enjoy no personal inviolability or

jurisdictional immunities of any kind.

Consular Service Sta

Consular service sta 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 ocial 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

sta 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 “ocial acts” immunity

only and immunity from the obligation to

provide evidence as witnesses only in respect

of ocial 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 ocial

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 sta 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 aorded

diplomatic agents. Law enforcement ocers

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

ocial 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).

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 dierent 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 aorded 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 ocers 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 oces in the United

States are staed with administrative and

executive employees, as necessary, to carry

out their functions. The vast majority of these

employees enjoy only ocial 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 aorded 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 ocials of the Organization of

American States secretariat.

III. Categories of Persons Entitled to Privileges and Immunities

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

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 stang 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 dierentiated 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 aorded

diplomatic agents. The remainder of the

stas of these missions have only ocial

acts immunity pursuant to the International

Organizations Immunities Act and no

personal inviolability.

Short-term ocial 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 aorded diplomatic agents.

Owing to the temporary nature of their visit,

such ocials will normally not have the usual

ocial identity documents recognizable

in the United States. Law enforcement

ocials (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 oender

appearing to fall into this category.

Designated Employees

of TECRO and TECO

Designated Employees of the

Taipei Economic and Cultural

Representative Oce in the

United States (TECRO) and of

the Taipei Economic and Cultural

Oces (TECO)

The Taipei Economic and Cultural

Representative Oce in the United States

(TECRO) and its subsidiary oces, the Taipei

Economic and Cultural Oces (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 Oce in the United States

(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 ocial 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 ocial 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 ocial 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

ocial 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 ocial acts immunity,

and enjoy immunity from the obligation to

provide evidence as a witness only in respect

to ocial 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

Identiﬁcation of Persons

Entitled to Privileges and

Immunities in the United States

I V.

It is critical for a law enforcement ocer 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 ocers

which one may be relied upon.

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

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), Ocial

(green border for embassy employees and

United Nations Permanent Mission support

sta, 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 ocers should be alert to the fact

that newly arrived members of diplomatic and

consular stas may not yet have these ocial

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.

This situation is often not

fully understood, even by the bearers of such

documents, so police ocers 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

All foreign personnel assigned to ocial 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.

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

such documents and might nonetheless be

entitled to immunity in the United States. A

similar situation could arise in connection

with the foreign ocer 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 ocers

should always coordinate with U.S. authorities

on the list of Useful Telephone Numbers.

Tax 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 Oce

of Foreign Missions’ Diplomatic Motor Vehicle

Oce, 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 ocers.

PLATES WITH AN “S” PREFIX

are issued to the administrative and

technical sta at diplomatic missions

and consular employees at consular

missions.

PLATES WITH AN “A” PREFIX OR

SUFFIX are issued to ocial vehicles

of the Secretariats of the United

Nations and the Organization of

American States and the personally

owned vehicles of those sta

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.

The U.S. Department of State’s distinctive

license plates are designed to assist ocers

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 ocers 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 ocer 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

ocers 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.”

Telephonic 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 ocer 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

Terms and Procedures

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

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 handcung, 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

sucient 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.

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

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 oense (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.

Ocial Acts Immunity

As explained in Section III, ocial acts

immunity is not a prima facie bar to the

exercise of jurisdiction by U.S. courts.

Rather, it is an armative 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 ocial act.

Should the court determine that ocial

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.

Termination 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 ocial 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 ocial 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 ocer 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 ocer or persons working with

that consular ocer.

V. Terms and Procedures

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

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 oense. 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 trac (illegal parking,

speeding, reckless driving, and DWI), shoplifting,

and assault.

Whatever the oense or circumstances of

contact, law enforcement ocers should

keep in mind that such persons are ocial

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 eect

on the treatment of US. diplomatic or consular

personnel abroad.

General Procedures

Verifying Suspect Identify and Status

When a law enforcement ocer 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 ocer 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 ocer

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 ocer

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 Handcung

If the suspect enjoys personal inviolability, he

or she may not be handcued, 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.,

Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities

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.

Trac Enforcement

Stopping a mission member or dependent and

issuing a trac 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,

ocers 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” oenses, the Department

uses the citation and any report as the basis for

requesting an “express waiver of immunity.”

Individuals cited for pre-payable oenses 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, ocers 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

ocer 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

oered and the results fully documented. The

taking of these tests may not be compelled. If

the ocer judges the individual too impaired

to drive safely, the ocer 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

ocer may, with the individual’s permission,

take the individual to the police station or

other location where he or she may recover

suciently to drive; the ocer may summon,

or allow the individual to summon, a friend or

relative to drive; or the police ocer 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 Oce 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 oense such as DWI are subject

to having their licenses suspended or revoked

as appropriate. This policy can be enforced

eectively only if all driving infractions (DWI,

DUI, reckless driving, etc.) are reported

promptly to the U.S. Department of State. It

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

trac 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 trac 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 ocials,

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 Oce of

Foreign Missions can follow up with the proper

consular ocial 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 Oce of Foreign Missions.

Insurance

In cases where the ocer 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

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 o’ attitude

in connection with criminal law enforcement

actions involving diplomats.

Foreign diplomats who violate trac 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 eorts to protect the

public welfare in extreme situations. The U.S.

Department of State should be advised promptly

of any serious diculties 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

APPENDICES

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 Taiwan issue identiﬁcation documents to foreign government personnel who are entitled to

immunity. Samples of the identiﬁcation cards are provided here. Because there are dierent degrees of

immunity, law enforcement ocers 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 Sta Identiﬁcation Cards

Blue bordered cards

are issued to UN

diplomatic ocers 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

sta at UN permanent

missions. They are

entitled to immunity

for ocial acts only

and are not immune

from arrest or the

issuance of a citation.

Green bordered

cards are issued to

embassy administrative

and technical sta

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 sta

employees. This card

signiﬁes that the

bearer is entitled to

immunity for ocial

acts only.

United Nations Identiﬁcation Cards

Consular Identiﬁcation Cards

APPENDIX A

EXAMPLES: IDENTIFYING DOCUMENTS (CONTINUED)

Red bordered cards

are issued to career

consular ocers. This

card signiﬁes that the

bearer is entitled to

immunity for ocial

acts only.

Red bordered cards are

issued to career consular

employees. This card

signiﬁes that the bearer

is entitled to immunity

for ocial acts only.

Red bordered cards are issued

to consular ocers/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 ocers. This

card signiﬁes that the

bearer is entitled to

limited immunity for

ocial acts only.

Red bordered cards

are issued to family

members of consular

ocers at Consulates.

The bearer is not

entitled to immunity but

should be treated with

due respect.

Green bordered

cards are issued to

employees at the Taipei

Economic and Cultural

Representative Oce

(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 Oces (TECO). The

bearer is entitled to immunity

for ocial acts only but may not

be arrested or detained pending

trial except on a warrant for a

felony oense 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

oce. The bearer is

entitled to immunity for

ocial 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 Taiwan Identiﬁcation Cards

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).

APPENDIX A

EXAMPLES: IDENTIFYING DOCUMENTS (CONTINUED)

U.S. DEPARTMENT OF STATE TAX EXEMPTION CARD

Diplomatic Tax 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).

AMERICAN INSTITUTE IN TAIWAN TAX EXEMPTION CARD

American Institute in Taiwan Tax Exemption Cards are designed with the same state-of-the-art

security features as the Diplomatic Tax Exemption Cards, with gold USA logo in the bottom

right corner.

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

Other Foreign Missions

Handicapped

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APPENDIX C