UMBC Police Department Operations

Operations Manual of Rules and Procedures Effective: 01/01/2016

2.4.4 Dealing with Diplomats, Foreign Nationals and their Family / Agents
Resources: Training Video
FAX sheet for Consular Notification

2.4.4.1 Diplomatic Immunity

A primary source document relating to diplomatic immunity is the US Department of State
“Guidance for Law Enforcement Officers: Personal Rights and Immunities of Foreign
Diplomatic and Consular Personnel.” Link

2.4.4.2 Levels of Diplomatic Immunity

A. Police officers may intervene to any extent necessary with persons of any level of immunity
in circumstances where public safety is in imminent danger or it is apparent that a serious
crime may otherwise be committed. This includes the authority for officers to defend
themselves and others from personal harm.

B. Full diplomatic immunity means that: those persons, their residences, vehicles, belongings,
and papers cannot be searched. They cannot be arrested or detained and are not required
to give evidence as witnesses. Those persons with full diplomatic immunity are:
1. Diplomatic agents; 4. Spouses of 1 - 3; and
2. Diplomatic mission staff; 5. Dependent children of 1 - 3, until the age of 21
3. Administrative and technical mission staff; or 23, if full-time students.

C. Limited criminal immunity prevents convictions if judges find that criminal acts transpired in
the course of official duties. Persons enjoying limited immunity may be detained or
arrested, their persons and belongings searched, and they may be required to give
evidence as witnesses. Those persons with limited criminal immunity are:
1. Service staff such as chauffeurs, drivers, mission servants, and domestic mission employees; and
2. Consular officers.

D. Persons who have no criminal or diplomatic immunity are:

1. Families of service staff; 4. Citizens of the United States who are employed
2. Families of consular officers; by a consulate; and
3. Consular service staff or their families; 5. Private servants of any foreign national.

2.4.4.3 Claims of Diplomatic Immunity

A. The burden of proof falls upon those claiming any level of diplomatic immunity to display
valid diplomatic credentials.

B. All incidents involving claims of any level of immunity, whether bona fide or not, will be
documented in appropriate agency reports. Copies of reports involving persons with bona
fide immunity will be forwarded to the United States Department of State by the Chief.

C. Vehicles bearing diplomatic registration plates, or owned by persons with full diplomatic
immunity cannot be searched. If it becomes necessary to tow vehicles with diplomatic
license plates, officers will first attempt to locate owners/agents and request cooperation in
moving same. If unsuccessful, officers will:
1. Have vehicles relocated to a nearby legal parking space;
2. Accept the related towing bill and forward same to Fiscal Services; and
3. Ensure owners/agents or the owners/agents embassies are notified of vehicle locations and reasons for the
vehicles being towed.

- 1 -
UMBC Police Department Operations
Operations Manual of Rules and Procedures Effective: 01/01/2016

2.4.4.4 Other Foreign Nationals

A. Other foreign nationals, not granted criminal immunity, are afforded certain rights and
privileges under agreements between the United States and certain foreign countries.
These individuals are:
1. Families of embassy services staff, or of consular officers;
2. Private servants of diplomatic agents; and

3. All other non-United States citizens, regardless of legal status

This applies to anyone NOT born in the United States.

B. Certain procedures must be adhered to when dealing with foreign nationals.

detainees of their right to have their governments informed of their detentions.

1
Inform
required according to Federal law as a part of the Vienna Convention on Consular
2 their
Relations
Consulate
or we must inform appropriate foreign consulates or embassies without unnecessary delay
3 Embassy and should make written records of such notifications
Foreign nationals should be advised when their consuls have been notified
4
Consular officers have the right to visit their nationals, to converse and correspond with
them, and to arrange for their legal representation. A foreign consular officer may not
5
Visitation take such actions on behalf of such persons if those persons being held expressly
oppose the actions.
In determining that an arrestee is foreign national, the officer may assume this is the
6
Passport country on whose passport or other travel document the foreign national travels.
Reference refer to the U.S. State Department booklet on Consular Notification and Access.
7
Fax Fax sheet: Notifying Consular Officers of Arrest or Detention
8

- 2 -
UMBC Police Department Operations
Operations Manual of Rules and Procedure Effective: 01/01/2016

2.4.4.5 Summary of Diplomatic and Consular Privileges and Immunities

(Reprinted from US Department of State Guidance for Law Enforcement Officers: Personal
Rights & Immunities of Foreign Diplomatic & Consular Personnel).
Residence May
May be be May be May be May be Recognized Family
Category Arrested Entered Subject Issued Subpoenae Prosecuted Member
or to Traffic d
Detained Ordinary Citation as Witness
Procedures
(A) (2)
Diplomatic NO NO YES NO NO Same as sponsor (full
Agent immunity &
inviolability).
(A) (2)
Member of NO NO YES NO NO Same as sponsor (full
Admin. immunity &
& Tech. Staff inviolability).
(A) (1)
Service Staff YES YES YES YES NO for official No immunity or
(1)
acts. inviolability.
Otherwise,
(1)
Yes
(B) (4)
Career YES if for a YES YES NO for NO for official No immunity or
(1)
Consular felony & official acts. acts. inviolability.
Officers pursuant to Testimony Otherwise,
(1) (1)
warrant. may not be YES
compelled
any time.
(B)
Honorary YES YES YES NO for NO for official No immunity or
Consular official acts. acts. inviolability.
Officers YES all other Otherwise,
cases. YES.
(B) (1)
Consular YES YES YES NO for NO for official No immunity or
(1)
Employees official acts. acts. inviolability.
YES all other Otherwise,
(1)
cases YES
(C) (3) (3)
International YES YES YES NO for NO for official No immunity or
Org. official acts. acts. inviolability.
(3)
Staff YES in all Otherwise,
(3)
other cases. YES
(C) ((2)
Diplomatic NO NO YES NO NO Same as sponsor (full
Level immunity &
Staff of inviolability).
Missions to
Int’l Org.
(C)
Support YES YES YES YES NO for official No immunity or
Staff of acts. inviolability.
Missions to Otherwise,
Int’l Org. YES.
(A) (B) (C)
Diplomatic Consular International Organizations

(1) This 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.
(2) Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or
the prevention of serious criminal acts.
(3) A small number of senior officers are entitled to be treated identically to “diplomatic agents.”
(4) Note that consular residences are sometimes located within the official consular premises. In such cases, only the official
office space is protected from police entry.

- 3 -