Legal Aspects of Diplomatic Immunity and Privileges

This chart outlines the immunities afforded to foreign diplomatic personnel residing in the United States. More detailed information is provided in the publication Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities. For a free copy, please write:

Protective Liaison Division
Bureau of Diplomatic Security
U.S. Department of State
SA-33
Washington, DC 20522

[To print this chart, please use the pdf version.]

Category	May Be Arrested or Detained	Residence May be Entered Subject to Ordinary Procedures	May Be Issued Traffic Citation	May Be Subpoenaed as Witness	May Be Prosecuted	Recognized Family Member
Diplomatic
Diplomatic Agent	No1	No	Yes	No	No	Same as sponsor (full immunity and inviolability).
Member of Administrative and Technical Staff	No1	No	Yes	No	No	Same as sponsor (full immunity and inviolability).
Service Staff	Yes	Yes	Yes	Yes	Yes	No immunity or inviolability.2
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, yes.2	No immunity or inviolability.2
Honorary Consular Officers	Yes	Yes	Yes	No--for official acts. Yes, in all other cases.	No--for official acts. Otherwise, yes.	No immunity or inviolability.
Consular Employees	Yes2	Yes	Yes	No--for official acts. Yes, in all other cases.	No--for official acts. Otherwise, yes.2	No immunity or inviolability.2
International Organizations
International OrganizationsStaff3	Yes3	Yes3	Yes	No--for official acts. Yes, in all other cases.	No--for official acts. Otherwise, yes.3	No immunity or inviolability.
Diplomatic-Level Staff of Missions to International Organizations	No1	No	Yes	No	No	Same as sponsor (full immunity and inviolability).
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 immunity or inviolability.

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     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.