Diplomatic immunity 2 rar

Therefore, the Department may authorize limited exceptions to the general rules cited above, applicable to specific individuals, classes of individuals, or posts. Requests for the accreditation of persons who are not U. Government employees abroad should be made to GTM, who will consider the request in light of U.

Requests may be granted at the discretion of GTM when the following criteria are generally satisfied:. Even where accreditation appears to satisfy the criteria in 2 FAM The following factors may be relevant to declining such a request:. Persons who are not U. Government employees but who are approved for accreditation will normally be notified at the administrative and technical staff or consular employee level. For these procedures, see 3 FAH-1 Exhibit The Department recognizes that under certain circumstances it may be in the national interest to seek privileges and immunities for persons other than those persons who can be accredited to a U.

Government mission. In such cases, the Department may authorize negotiation and conclusion of an international agreement to provide such privileges and immunities. Any such negotiations require advance Department approval pursuant to the procedures set forth in 11 FAM Posts may seek to accredit personnel with regional responsibilities at more than one post.

Factors to consider in determining whether multiple accreditation is appropriate and possible include the following:. The regional duties and responsibilities of such individual filling an authorized USDH position should be reflected in the NSDD justification, either during the initial establishment of the position or reprogramming an existing authorized position at post.

In that regard, posts should consider:. Dual or multiple accreditation is not possible if either receiving State objects and may not be possible if the State in which the individual does not reside has imposed numerical limitations on the number of U. In general, the same title authorized by GTM, if any, applies at all posts of accreditation. Other age limits for unmarried children may apply with regard to certain receiving States. Posts must not notify or seek privileges or immunities on behalf of other relatives of a mission member.

Whenever possible, posts are encouraged to notify family members employed at post and who meet the criteria in 2 FAM Family members who are authorized a diplomatic or consular title may be accredited as diplomatic agents or consular officers with that title. When the local authorities refuse to recognize the immunities to which the U.

Government considers it is entitled with regard to mission premises, personnel, archives or documents, or property , posts must report such action to the Department. The immunities provided mission members under the VCDR, VCCR, or other international agreements will not be waived by the individual or post, except with the prior express consent of the Department, which normally must be requested via front channel cable using the KLIG tag or other written correspondence and, in any event, must always be in writing.

Other Department offices e. Follow these guidelines in the types of cases described in paragraphs 1 , 2 , and 3 :. If the interests of the U. Government are not likely to be injured as a result of the waiver, and if the interests of the individual whose immunity is to be waived are not likely to be adversely affected, there is a presumption in favor of waiver and it will be authorized if the interests of justice will be served;.

Government, or both; and. All persons enjoying privileges and immunities under the VCDR, VCCR, or other international agreements have a general duty to respect the laws and regulations of the receiving State. Posts should notify the host government via diplomatic note of all facilities that are part of the diplomatic mission or consular post, including annexes and warehouses that are used for mission purposes.

Posts should keep a copy of such diplomatic notes. Sending such notes puts the host government on notice of what facilities constitute the diplomatic mission or consular post so that the obligations and duties under the VCDR or, as appropriate, the VCCR can be asserted and fully respected. The notification also has implications for physical security and other purposes. For these reasons, posts should generally also comply with requests from host governments to identify and verify the location of U.

Further, Posts should notify the host government if changes to the activities or occupants of a USG facility change whether the facility is or is not used for mission purposes.

The status of accredited employees at the embassy is governed by the VCDR, which provides different levels of immunities, depending on whether an individual is accredited as a diplomatic agent, member of the administrative and technical staff, or as a member of the service staff.

Embassy staff members who are nationals of, or permanently resident in, the receiving State generally enjoy no privileges or immunities. Diplomatic agents accredited to a foreign government enjoy complete immunity from the criminal jurisdiction of all courts and tribunals of the receiving state, comprehensive immunity from the civil jurisdiction of such courts and tribunals, and complete testimonial immunity.

They cannot be prosecuted, punished, or compelled to testify in the country to which accredited and, with three narrow exceptions, cannot be sued civilly. Diplomatic agents also enjoy full personal inviolability from arrest or detention and inviolability of their personal papers, correspondence, property including vehicles , and residences. The family members 2 FAM They cannot be prosecuted, punished, or compelled to testify in the country to which they are accredited and can only be sued civilly in cases outside the course of their duties.

Principal officers should not request exemptions from military service for Locally Employed Staff, Official Residence staff, or personal domestic workers. As also stated in 3 FAM , posts may, when requested, furnish to the local government a list of names and addresses of Locally Employed Staff unless the chief of mission deems it undesirable or disadvantageous to cooperate for administrative, political, or security reasons.

In only the most exceptional circumstances, should a request for the names versus addresses of Locally Employed Staff be declined, considering that reciprocally, the United States requires foreign missions in the United States to notify the Department of the names of local staff in part to avoid having them run afoul of the Foreign Agents Registration Act of , as amended.

Providing a list of names is not in lieu of the usual practice of notifying the receiving state of the employment of its nationals, where notification to and acceptance by the receiving state is a condition of extending them immunity. Embassies, chanceries, and all buildings used for diplomatic purposes are inviolable under the VCDR.

Such premises may not be entered or searched. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. The documents and archive of the Embassy are also inviolable and their disclosure can thus not be compelled by the receiving State.

The status of accredited employees at a consular post is usually governed by the VCCR, which generally provides that consular officers and consular employees are immune from the local criminal, civil, and administrative jurisdiction for all acts performed in exercise of consular functions. Consular officers and employees and service staff at a consular post may not be compelled to testify concerning matters connected with the exercise of consular functions.

Honorary consular officers also benefit from these jurisdictional and testimonial immunities. Family members of consular officers, consular employees, or members of the service staff do not enjoy immunities or inviolabilities under the VCCR. It must be ascertained in each instance whether a bilateral treaty or agreement about immunities of consular officers and employees is in effect, in which case any additional privileges and immunities granted by the terms of the treaty or agreement also apply.

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