UC Santa Cruz Police Department

 

 

Foreign Diplomatic and Consular Representatives

422.1     PURPOSE AND SCOPE

This policy provides guidelines to ensure that members of the University of California Santa Cruz Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law.

 

422.2     POLICY

The University of California Santa Cruz Police Department respects international laws related to the special privileges and immunities afforded foreign diplomatic and consular representatives assigned to the United States.

All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them.

 

422.3     CLAIMS OF IMMUNITY

If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay:

 (a) Notify a supervisor.

 (b) Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person’s status.

 (c) Request the person’s identification card, either issued by the S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities.

 (d) Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free at 866-217-2089, or at another current telephone number and inform the center of the circumstances.

 (e) Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS This may require immediate release, even if a crime has been committed.

Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state.

 

422.4     ENFORCEMENT

If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following:

 (a) Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation.

 (b) All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts.

 (c) An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities.

1. Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled.

 (d) The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized:

1. Diplomatic-level staff of missions to international organizations and recognized family members
2. Diplomatic agents and recognized family members
3. Members of administrative and technical staff of a diplomatic mission and recognized family members
4. Career consular officers, unless the person is the subject of a felony warrant

 (e) The following persons may generally be detained and arrested:

1. International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents.
2. Support staff of missions to international organizations
3. Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries.
4. Honorary consular officers
5. Whenever an officer arrests and incarcerates, or detains for investigation for over two hours, a person with diplomatic and consular privileges and immunities, the officer shall promptly advise the person that he/she is entitled to have his/her government notified of the arrest or detention (Penal Code § 834c). If the individual wants his/her government notified, the officer shall begin the notification process.

 

422.5     DOCUMENTATION

All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic and consular representatives should be thoroughly documented and the related reports forwarded to DOS.

 

422.6     DIPLOMATIC IMMUNITY TABLE

Reference table on diplomatic immunity:

 

Category	Arrested or	Enter	Issued	Subpoenaed	Prosecuted	Recognized
	Detained	Residence	Traffic	as Witness		Family
		Subject to	Citation			Members
		Ordinary
		Procedures
Diplomatic	No	No	Yes	No	No	Same as
Agent	(note (b))					sponsor (full
						immunity &
						inviolability)
Member of	No	No	Yes	No	No	Same as
Admin and	(note (b))					sponsor (full
Tech Staff						immunity &
						inviolability)
Service Staff	Yes	Yes	Yes	Yes	No for	No immunity
	(note (a))				official acts.	or inviolability
					Yes	(note (a))
					otherwise
					(note (a))
Career	Yes if for a	Yes	Yes	No for	No for	No immunity
Consul	felony and	(note (d))		official acts	official acts.	or inviolability
Officer	pursuant to			Testimony	Yes
	a warrant			may not be	otherwise
	(note (a))			compelled	(note (a))
				in any case
Honorable	Yes	Yes	Yes	No for	No for	No immunity
Consul				official acts	official acts	or inviolability
Officer				Yes	Yes
				otherwise.	otherwise
Consulate	Yes	Yes	Yes	No for	No for	No immunity
Employees	(note (a))			official acts	official acts.	or inviolability
				Yes	Yes	(note (a))
				otherwise.	otherwise
					(note (a))
Int’l Org	Yes	Yes	Yes	Yes	No for	No immunity
Staff	(note (c))	(note (c))		(note (c))	official acts.	or inviolability
(note (b))					Yes
					otherwise
					(note (c))

 

 

Diplomatic- Level Staff of Missions to Int’l Org	No (note (b))	No	Yes	No	No	Same as sponsor (full immunity & inviolability)
Support	Yes	Yes	Yes	Yes	No for	No immunity
Staff of					official acts	or inviolability
Missions to					Yes
Int’l Orgs					otherwise

 

Notes for diplomatic immunity table:

 (a) This table presents general rules. The employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements.

 (b) Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or in the prevention of serious criminal acts.

 (c) A small number of senior officers are entitled to be treated identically to diplomatic agents.

 (d) Note that consul residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry.

 

422.7     RESOURCES

A current list of embassies and consulate phone numbers can be found at: http:www.travel.state.gov

 

 

 

Policy 422 PDF