For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33147 ------------------------------------------------------------------------------ Order Code RL33147 Immunities Accorded to Foreign Diplomats, Consular Officers, and Employees of International Organizations Under U.S. Law Updated January 28, 2008 Michael John Garcia Legislative Attorney American Law Division Immunities Accorded to Foreign Diplomats, Consular Officers, and Employees of International Organizations Under U.S. Law Summary To conduct foreign relations and promote the interests of their nationals located abroad, diplomatic and consular officers must be free to represent their respective States (i.e., countries) without hindrance by their hosts. Recognizing this, States receiving foreign diplomats and consular officers have long accorded such persons with certain privileges and immunities on the basis of comity, reciprocity, and international agreement. As international organizations have become increasingly important for multilateral relations and cooperation, representatives to and employees of such organizations have occasionally been granted privileges and immunities similar to those traditionally accorded to diplomats or consular officials. This report describes the privileges and immunities generally owed by the U.S. to foreign diplomatic, consular, and international organization personnel under treaties and statutes. It does not discuss certain exceptions to these immunities that may apply to U.S. citizens and legal permanent residents who are employed by international organizations or foreign embassies or consulates. Among the pertinent legal authorities are the Vienna Convention on Consular Relations, the Vienna Convention on Diplomatic Relations, the International Organizations Immunities Act, the Convention on the Privileges and Immunities of the United Nations, and the Agreement Regarding the Headquarters of the United Nations. Included are charts that detail the specific types of jurisdiction and obligations from which various categories of diplomatic and consular personnel are immune under each of these authorities. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Overview of Applicable Statutes and Treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Vienna Convention on Diplomatic Relations . . . . . . . . . . . . . . . . . . . . . . . . 4 Vienna Convention on Consular Relations . . . . . . . . . . . . . . . . . . . . . . . . . . 5 International Organizations Immunities Act . . . . . . . . . . . . . . . . . . . . . . . . . 5 U.N. Convention on Privileges and Immunities . . . . . . . . . . . . . . . . . . . . . . 6 U.N. Headquarters Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Charts of Privileges and Immunities Accorded to Persons Working for Foreign Embassies, Consulates, International Organizations . . . . . . . . . . . . 8 Chart 1: Privileges and Immunities Accorded to Persons Under the VCDR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Chart 2: Privileges and Immunities Accorded to Persons Under the VCCR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Chart 3: Privileges and Immunities Accorded to Persons Under the UNCPI and UNHQA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Chart 4: Privileges and Immunities Accorded to Persons Under the IOIA and Other Relevant Domestic Statutes . . . . . . . . . . . . . . . . . 23 Chart 5: Privileges and Immunities Accorded to U.N. Representatives and Employees Under the IOIA, UNCPI, UNHQA, VCDR, and Related Statutes and Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Immunities Accorded to Foreign Diplomats, Consular Officers, and Employees of International Organizations Under U.S. Law Introduction In order to conduct foreign relations and promote the interests of their nationals located abroad, States (i.e., countries) require secure means of communicating with their diplomats (i.e., representatives of a government who conduct relations with another government on its behalf) and consular officers (i.e., representatives of a government who promote the government's commercial interests and provide assistance to its citizens located in another country) stationed in other States. To ensure that such channels of communication are preserved, States receiving foreign diplomats and consular officers have long accorded such persons with certain privileges and immunities on the basis of comity, reciprocity, and international agreement.1 As political and economic contacts between States have grown, customary practices regarding diplomatic and consular immunities have increasingly been codified via bilateral or multilateral agreement. These agreements not only describe the specific privileges and immunities to be accorded to foreign diplomats and consular officers by a receiving State, but also specify those privileges and immunities owed to other members of diplomatic and consular missions, as well as towards the family members of mission members. In recent decades, international organizations have been viewed as a means by which States may conduct multilateral relations and cooperate on issues which are transnational in scope. In order to ensure the autonomy of such organizations and prevent any member State from unreasonably interfering with organizational functions, many international organizations and their employees have been accorded certain privileges and immunities by their member States. These privileges and immunities are typically similar in scope to those accorded to foreign diplomatic missions. This report describes the privileges and immunities generally owed to foreign diplomatic, consular, and international organization personnel under U.S. law. It does not discuss certain exceptions to these immunities that may apply to U.S. citizens and legal permanent residents who are employed by international 1 For background on the history of diplomatic immunity, see CRS Report RS21672, Diplomatic Immunity: History and Overview, by Michael John Garcia. CRS-2 organizations or foreign embassies or consulates. The treaties and statutes discussed in this report are: ! the Vienna Convention on Diplomatic Relations (Diplomatic Convention);2 ! the Vienna Convention on Consular Relations (Consular Convention);3 ! the Agreement Regarding the Headquarters of the United Nations (Headquarters Agreement);4 ! the Convention on the Privileges and Immunities of the United Nations (U.N. Convention);5 and ! the International Organizations Immunities Act.6 This report contains charts detailing the privileges and immunities provided by the legal authorities mentioned above, along with the personnel to whom such privileges and immunities apply. It is important to note that the above-mentioned authorities are not exhaustive, and the scope of immunity due in any particular case may be governed in whole or in part by other instruments. For example, the United States is a party to many bilateral consular conventions that contain immunities provisions. In most instances, the other signatory is, along with the United States, a party to the Consular Convention. In these cases, the instrument affording greater protection to each State's consular officers is controlling.7 Some countries with which the United States has a consular treaty are not parties to the Consular Convention. The immunities accorded to consular personnel of such States are governed by the appropriate bilateral treaties, not by the authority discussed in this report. Furthermore, not all international organizations are covered by the International Organizations Immunities Act (IOIA), or, as is the case with the United Nations, are covered not only by the IOIA but also by a number of international agreements. Even where immunities are governed generally by the authorities cited in the relevant chart, individuals serving in similar positions for different countries may nevertheless enjoy different immunities. For example, the Diplomatic Relations Act, which effectively adopted the standards of the Diplomatic Convention for domestic application, provides that the President may, on the basis of reciprocal treatment, 2 Vienna Convention on Diplomatic Relations, April 18, 1961, 23 U.S.T. 3227, T.I.A.S. No. 7502, 500 U.N.T.S. 95 [hereinafter "Diplomatic Convention"]. 3 Vienna Convention on Consular Relations, April 24, 1963, 21 U.S.T. 77, T.I.A.S. No. 6820, 596 U.N.T.S. 261 [hereinafter "Consular Convention"]. 4 Agreement Regarding the Headquarters of the United Nations, November 21, 1947, 61 Stat. 3416, T.I.A.S. No. 1676, 11 U.N.T.S. 11. [hereinafter "Headquarters Agreement"], P.L. 80-357 (1947). 5 Convention on the Privileges and Immunities of the United Nations, February 13, 1946, 21 U.S.T. 1418, T.I.A.S. No. 6900, 1 U.N.T.S. 15 [hereinafter "U.N. Convention"]. 6 International Organizations Immunities Act, 22 U.S.C. §§ 288 et seq. [hereinafter "IOIA"]. 7 See Consular Convention, art. 73. CRS-3 specify immunities for individual countries that are more or less favorable than those under the Convention.8 Both the Diplomatic Convention and the Consular Convention allow the United States to apply immunities restrictively where a particular country has applied immunity rules restrictively towards American representatives.9 Similarly, the IOIA conditions certain immunities on the basis of treatment of American representatives abroad.10 It must be emphasized that the immunities provided to foreign diplomats, consular officials, and employees of international organizations may be waived by the sending State or the appropriate international organization, with or without the consent of the individual involved.11 On the other hand, certain individual acts may lead to a waiver of immunity. For example, the initiation of civil proceedings by an otherwise exempt individual may preclude him from invoking immunity with regards to a directly-connected counterclaim.12 Another example of this type of personal waiver is the relinquishment of all immunity by consular employees and staff who undertake private gainful employment in the receiving State.13 Still another example is when a foreign person accorded immunity wishes to become a lawful permanent resident of the United States, in which case the person must waive the rights, privileges, immunities, and exemptions he would otherwise accrue on account of his occupational status.14 Finally, note that even where an individual enjoys immunity from jurisdiction, a person harmed by the immune individual nevertheless may have recourse to compensation under one of two statutes. First, the Diplomatic Relations Act requires that (1) each diplomatic mission in the United States (including otherwise immune missions to international organizations), (2) members of these missions and their families, and (3) high ranking United Nations officials all meet liability insurance requirements relating to the operation of motor vehicles in the United States.15 Second, the Foreign Sovereign Immunities Act provides that a foreign State shall not, with limited exception, be immune from suit for money damages being sought against it for harm occurring in the United States and caused by a wrongful 8 22 U.S.C. § 254c. 9 See,e.g., Diplomatic Convention, art. 47; Consular Convention, art. 72. 10 See,e.g., IOIA § 288d. 11 See, e.g., Diplomatic Convention, art. 32; Consular Convention, art. 45; U.N. Convention, §§ 14, 20; IOIA § 288d(b). 12 See Diplomatic Convention, art. 32(3); see also Consular Convention, art. 45(3). 13 See Consular Convention, art. 57(2). 14 A foreign person with an occupational status entitling him to immunity generally enters the United States via a nonimmigrant visa. In order for the alien to adjust his status to legal permanent resident of the United States (i.e., to become an "immigrant"), the alien must submit an I-508 form, waiving the rights and privileges he would otherwise be accrued. This form may be viewed at [http://www.uscis.gov/propub/DocView/afmid/dat/I_508.pdf]. 15 22 U.S.C. § 254e. CRS-4 nondiscretionary act of one of its officials or employees acting within the scope of duty.16 Overview of Applicable Statutes and Treaties The following sections provide an overview of the statutes and agreements governing the privileges and immunities accorded to foreign diplomats, consular officials, employees of international organizations, and related personnel. Vienna Convention on Diplomatic Relations Pursuant to its treaty obligations under the Vienna Convention on Diplomatic Relations (VCDR), ratified in 1972, the United States accords certain privileges and immunities to designated categories of persons employed by other Convention parties' diplomatic missions, along with the household family members of certain mission employees. Persons entitled to certain privileges and immunities under the Diplomatic Convention include diplomatic agents and their immediate household families, the mission's administrative and technical staff and the immediate household families of those staff members; the mission's service staff; and private servants of members of the mission. Under the Convention, the United States accords diplomatic agents (and members of their households) absolute immunity from its criminal jurisdiction and near-absolute immunity from U.S. civil and administrative jurisdiction. A diplomatic agent is also not obliged to give evidence as a witness.17 Below the rank of diplomat, the administrative, technical, and service staffs also are immune from criminal jurisdiction, but have more limited immunity from civil and administrative jurisdiction.18 The household family members of diplomatic agents and mission staff are also generally provided with the same privileges and immunities accorded to the diplomatic agent or mission staff member to which they are related.19 To varying degrees, persons covered by the Diplomatic Convention also receive immunity from taxes and customs duties, military and public service obligations, and alien registration requirements. Congress passed the Diplomatic Relations Act to grant the privileges and immunities accorded under the Diplomatic Convention to all foreign diplomatic missions, personnel, and the families of such personnel, regardless of whether the sending State is a party to the Convention.20 This extension is subject to the sending State's reciprocal treatment towards U.S. diplomatic missions, personnel, and 16 28 U.S.C. § 1605(a)(5). 17 Diplomatic Convention, art. 31(2). 18 Id. art. 37. 19 Id. art. 37(1)-(2). 20 22 U.S.C. § 254c. CRS-5 families of such personnel, along with other terms and conditions the President deems appropriate.21 Vienna Convention on Consular Relations The Vienna Convention on Consular Relations (VCCR), which was ratified by the U.S. in 1969, accords certain privileges and immunities to consular officers (i.e., persons who exercise consular functions on behalf of the sending State, notably including the consular post) and their immediate household families; the post's administrative and technical staff and the immediate household families of those staff members; the post's service staff; and honorary consuls (i.e., consular officers other than career consular officers). These privileges and immunities are lesser in scope than those enjoyed by similarly-situated members of diplomatic missions and those members' household families. For example, while foreign diplomats and their family members receive full immunity from the criminal jurisdiction of the receiving State under the Diplomatic Convention, consular officers covered by the Consular Convention only receive immunity for actions they take in the course of their official functions,22 and their family members receive no immunity from the criminal jurisdiction of the receiving State. Family members of consular employees also receive no immunity from the receiving State's civil jurisdiction. Members of the consular post and their family members do receive varying degrees of immunity from the receiving State's taxes and custom duties,23 alien registration requirements,24 and military service obligations.25 The privileges and immunities owed under the Consular Convention only apply between Convention parties. The privileges and immunities owed by the U.S. to the consular personnel of non-Convention parties are governed by applicable bilateral treaty. In the case that the U.S. and another Convention party also have a bilateral treaty governing consular relations, the instrument providing broader coverage is controlling.26 International Organizations Immunities Act The IOIA provides a significant number of privileges and immunities for international organizations designated by the President via executive order. Certain privileges and immunities are also accorded to employees, officials, and representatives to such organizations, along with members of their immediate families, though these are less than those accorded to the international organizations themselves. Officials, employees, and representatives to designated international organizations are accorded immunity pursuant to the IOIA following validated 21 Id. 22 Consular Convention, arts. 41, 43. 23 Id. arts. 49-50. 24 Id. art. 46. 25 Id. art. 52. 26 Id. art. 73. CRS-6 notification to the Secretary of State of their organizational position. The terms "official," "employee," and "representative" are not defined by the IOIA The United Nations was designated as an "international organization" for purposes of the IOIA immediately following the statute's enactment.27 Several dozen other international organizations have been designated as receiving coverage under the IOIA, including such organizations as the International Monetary Fund,28 the International Committee of the Red Cross,29 the Organization of American States,30 the World Health Organization,31 and the World Trade Organization.32 U.N. Convention on Privileges and Immunities In the same year the IOIA was enacted, the U.N. General Assembly also adopted the Convention on the Privileges and Immunities of the United Nations, establishing de minimus standards for the immunities and privileges accorded to the United Nations and U.N. officials, Member State representatives, and experts working for U.N. missions. These immunities and privileges are largely similar to those accorded via the IOIA.33 The United States ratified the Convention in 1970. As with the IOIA, the U.N. Convention on Privileges and Immunities (UNCPI) does not define the term "employee" or "official," though this is perhaps of little concern because the U.N. Convention provides immunity only to those categories of U.N. officials (beyond the U.N. Secretary-General and all Assistant Secretary- Generals) designated by the Secretary-General to receive protection under the Convention.34 The Convention also does not define "experts on missions" who receive immunity under the U.N. Convention. However, an advisory decision by the International Court of Justice (which has ultimate authority to interpret the U.N. Convention),35 found that the category of experts on U.N. missions includes, inter alia, persons entrusted by the United Nations with mediating disputes, preparing reports and studies, conducting investigations, or finding and establishing facts on 27 Exec. Ord. No. 9698, February 19, 1946, 11 Fed. Reg. 1809. 28 Exec. Ord. No. 9751, July 11, 1946, 11 Fed. Reg. 7713. 29 Exec. Ord. No. 12643, June 23, 1988, 53 Fed. Reg. 24247. 30 Exec. Ord. No. 10533, June 3, 1954, 19 Fed. Reg. 3289. 31 Exec. Ord. No. 10025, December 30, 1948, 13 Fed. Reg. 9361. 32 Exec. Ord. No. 13042, April 9, 1997, 50 Fed. Reg. 28301. 33 Two notable differences are (1) the U.N. Convention provides for certain privileges and immunities for experts of U.N. missions, while the IOIA does not, and (2) the IOIA also accords certain privileges and immunities to employees of international organizations, while the U.N. Convention does not mandate such benefits. 34 Accordingly, non-designated officials and all other U.N. employees are not granted immunity from a local State's legal process via the U.N. Convention, though they may nevertheless receive immunity via the IOIA. 35 U.N. Convention, §§ 29-30. CRS-7 behalf of U.N. missions.36 The Convention defines "representatives" of U.N. Member States as including all delegates, advisors, and secretaries of Member State delegations.37 Besides granting an explicit set of privileges and immunities to designated persons, the U.N. Convention also specifies that certain designated individuals (i.e., U.N. representatives, the U.N. Secretary-General, all Assistant Secretary-Generals, and certain U.N. officials designated to receive protection under the Convention by the Secretary-General) are to receive most or all of the privileges and immunities accorded by a receiving State to diplomatic envoys. Accordingly, by reference to other statutes and treaties adopted by the receiving State, the U.N. Convention provides these U.N. officials and representatives with certain privileges and immunities beyond those explicitly described under the U.N. Convention. Generally speaking, the U.N. officials and representatives covered by the U.N. Convention are given the same privileges and immunities as those the U.S. accords to diplomats under the Diplomatic Convention. With respect to designated U.N. officials, however, Diplomatic Convention standards concerning immunity from criminal prosecution apparently are not so incorporated, as the U.N. Convention provides that such officials are immune only for official acts.38 U.N. Headquarters Agreement In 1947, the United States entered the Headquarters Agreement with the United Nations. The U.N. Headquarters Agreement (UNHQA) primarily concerns the privileges and immunities accorded to the United Nations and its headquarters in New York. However, the Agreement also provides certain privileges and immunities for specified U.N. representatives and related personnel residing in the United States. The Headquarters Agreement provides such persons with the full protections accorded to diplomatic envoys -- a broader scope of immunity than that provided under either the IOIA or the U.N. Convention.39 Representatives and related personnel of U.N. Member States whose governments are not recognized by the United States receive lesser privileges and immunities.40 36 See Applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations, Advisory Opinion, 1989 ICJ Rep. 177 (December 15, 1989). 37 U.N. Convention, § 16. 38 Id. § 18(a). 39 Headquarters Agreement, § 15. 40 Id. CRS-8 Charts of Privileges and Immunities Accorded to Persons Working for Foreign Embassies, Consulates, International Organizations The following charts list the major privileges and immunities accorded to persons working for foreign embassies, consulates, or international organizations (including, specifically, the United Nations). When a treaty or international agreement makes reference to covered personnel receiving the same immunities accorded to persons covered by other treaties, the nature of such immunities is explained. Thus, for example, because the U.N. Convention on Privileges and Immunities provides that certain U.N. personnel are to receive the same immunities as the receiving State accords diplomatic envoys, the chart detailing the immunities provided under the U.N. Convention occasionally makes references to immunities provided to diplomats under the Vienna Convention on Diplomatic Relations. It is important to note that the charts concerning the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations only discuss those immunities accorded to persons who are not U.S. nationals or permanent residents. Diplomatic and consular officers working on behalf of a foreign State who are U.S. nationals or permanent residents only receive immunity for official acts performed in the exercise of their functions, while other diplomatic or consular personnel or members of their household families receive no immunities if they are U.S. nationals or permanent residents. Persons who are employed by international organizations or are foreign representatives to such organizations are provided with immunity regardless of whether they are U.S. nationals or permanent residents. CRS-9 Chart 1: Privileges and Immunities Accorded to Persons Under the VCDR Provision Diplomatic Agents Household Family Administrative & Household Family Service Staff Private Servants of Members of a Technical Staff Members of Admin- Members of the Diplomatic Agent istrative and Techni- Mission cal Staff Definition Head of a mission or a Not defined by the Staff members em- Not defined by the Staff members in Persons who are in member of the mission VCDR. ployed in the admin- VCDR. the domestic ser- the domestic service staff having diplomatic istrative and techni- vice of the mis- of a member of the rank. VCDR, art. 1(d), cal service of the sion. VCDR, art. mission and who are (e). mission. VCDR, art. 1(g). not employees of the 1(f). sending State. VCDR, art. 1(h). Criminal Immune from jurisdic- Same as diplomatic Same as diplomatic Same as administrative Immune with re- No immunity under Jurisdiction tion. VCDR, art. 31(1). agents. VCDR, art. agents. VCDR, art. and technical staff. spect to acts per- the VCDR. Jurisdic- 37(1). 37(2). VCDR, art. 37(2). formed in the tion to be asserted so course of duties. as not to interfere VCDR, art. 37(3). unduly with the functions of the mis- sion. VCDR, art. 37(4). CRS-10 Provision Diplomatic Agents Household Family Administrative & Household Family Service Staff Private Servants of Members of a Technical Staff Members of Admin- Members of the Diplomatic Agent istrative and Techni- Mission cal Staff Civil Immune except for (a) Same as diplomatic Immune with respect Same as administrative Same as adminis- No immunity under Jurisdiction certain actions relating to agents. VCDR, art. to acts performed in and technical staff. trative the Convention. Ju- real property, (b) estate 37(1); 22 U.S.C. § the course of official VCDR, art. 37(2); 22 and technical staff. risdiction to be as- matters in which the 254e. duties. VCDR, art. U.S.C. § 254e. VCDR, art. 37(3); serted so as not to agent is acting as private 37(2). Must have 22 U.S.C. § 254e. interfere unduly party, and (c) actions re- vehicle insurance with the functions of lating to private profes- under 22 U.S.C. § the mission. VCDR, sional or commercial ac- 254e. art. 37(4). tivities. VCDR, art. 31(1). Must have vehicle insur- ance under 22 U.S.C. § 254e. Judicial Immune from obligation Same as diplomatic Generally immune to Same as administrative Immune with re- No immunity under Process to give evidence. Immune agents. VCDR, art. same degree as dip- and technical staff. spect to acts per- the VCDR. Jurisdic- from execution of judg- 37(1). lomatic agents, ex- VCDR, art. 37(2). formed in the tion to be asserted so ments except in non-im- cept immune from course of duties. as not to interfere mune civil action where the execution in a VCDR, art. 37(3). unduly with the execution will not in- civil judgment only functions of the mis- fringe on the inviolability if it concerns acts sion. VCDR, art. of his person or resi- performed in the 37(4). dence. VCDR, art. 31(2), course of official (3). Private residence duties. VCDR, art. deemed inviolable to 37(2). same degree as diplo- matic mission. VCDR, art. 30. CRS-11 Provision Diplomatic Agents Household Family Administrative & Household Family Service Staff Private Servants of Members of a Technical Staff Members of Admin- Members of the Diplomatic Agent istrative and Techni- Mission cal Staff Taxes Immune other than for (a) Same as diplomatic Same as diplomatic Same as diplomatic Exempt from dues Same as service indirect taxes in the price agents. VCDR, art. agents. VCDR, art. agents. VCDR, art. and taxes on emol- staff. VCDR, art. of goods/services; 37(1). 37(2). 37(2). uments received 37(4). (b) real property by reason of their taxes/fees on private im- employment. movable property, unless VCDR, art. 37(3). held on behalf of sending State; (c) estate/ inheri- tance taxes on property which was not brought from sending State; (d) income tax on private income; (e) charges for services rendered; and (f) court, registration, or re- cord fees, mortgage dues and stamp duty, with re- spect to non-mission, immovable property. VCDR, art. 34. CRS-12 Provision Diplomatic Agents Household Family Administrative & Household Family Service Staff Private Servants of Members of a Technical Staff Members of Admin- Members of the Diplomatic Agent istrative and Techni- Mission cal Staff Customs Immune from duties on Same as diplomatic Immune only from Same as administrative None, except to No immunity under articles for personal or agents. VCDR, art. duties on articles and technical staff. the extent that cus- the Convention. Ju- official use. Exempt from 37(1). imported at time of VCDR, art. 37(2). toms may relate to risdiction to be as- inspection except where first installation. acts performed in serted so as not to there are serious grounds VCDR, art. 37(2). the course of the interfere unduly to believe there are con- duty. VCDR, art. with the functions of traband articles or articles 37(3). the mission. VCDR, not for personal or offi- art. 37(4). cial use. VCDR, art. 36. Social Exempt with respect to Same as diplomatic Same as diplomatic Same as diplomatic Same as diplo- No immunity under Security services rendered for the agents. VCDR, art. agents. VCDR, art. agents. VCDR, art. matic agents. the Convention. Ju- sending State. Not ex- 37(1). 37(2). 37(2). VCDR, art. 37(3). risdiction to be as- empt with respect to per- serted so as not to sonal servants who are interfere unduly U.S. nationals or perma- with the functions of nent residents, or who are the mission. VCDR, not covered by social se- art. 37(4). curity provisions of the sending State or a third State. VCDR, art. 33(1)- (2). CRS-13 Provision Diplomatic Agents Household Family Administrative & Household Family Service Staff Private Servants of Members of a Technical Staff Members of Admin- Members of the Diplomatic Agent istrative and Techni- Mission cal Staff Military Immune from all public Same as diplomatic Same as diplomatic Same as diplomatic No immunity in No immunity under Service, service and military obli- agents. VCDR, art. agents. VCDR, art. agents. VCDR, art. Convention, but the Convention. Ju- Public gations. VCDR, art. 35. 37(1). 37(2). 37(2). may be exempt risdiction to be as- Service under 50 App. serted so as not to U.S.C. App. § 456. interfere unduly with the functions of the mission. VCDR, art. 37(4). Immigration No specific immunity Same as diplomatic Same as diplomatic Same as administrative Same as adminis- No immunity under under the Convention, but agents. VCDR, art. agents, with respect and technical staff. trative and techni- the Convention. Ju- immune generally from 37(1). to actions taken in VCDR, art. 37(2). cal staff. VCDR, risdiction to be as- civil and administrative course of official art. 37(3.) serted so as not to jurisdiction under VCDR, duties. VCDR, art. interfere unduly art. 31. 37(2). with the functions of the mission. VCDR, art. 37(4). CRS-14 Chart 2: Privileges and Immunities Accorded to Persons Under the VCCR Provision Consular Officer Household Fam- Consular Employee Household Family Service Staff Honorary Consul ily Members of Members of Con- Consular Officer sular Employees Definition Any person, including the Not defined by the Any person employed Not defined by the Any person em- Consular officer other head of a consular post, en- VCCR. in the administrative VCCR. ployed in the than career consular trusted in that capacity with or technical service of domestic service officer of the sending the exercise of consular a consular post. of a consular State. VCCR, art. functions. VCCR, art. 1(d). VCCR, art. 1(e). post. VCCR, art. 1(2). 1(f). Criminal Immune from jurisdiction No immunity un- Immune from juris- No immunity un- No immunity No immunity from Jurisdiction with respect to acts per- der the VCCR. diction in respect to der the VCCR. under the VCCR. arrest, detention, or formed in the exercise of acts performed in the prosecution, but consular functions. Immune exercise of consular proceedings are to be from arrest and detention functions. VCCR, art. carried out pending trial, except in case 43. expeditiously with as of grave crime pursuant to a little interference decision by a judicial author- with official functions ity. Criminal proceedings to as circumstances will be conducted so as not to allow. VCCR, art. 63. interfere unduly with con- sular functions. VCCR, arts. 41, 43. CRS-15 Provision Consular Officer Household Fam- Consular Employee Household Family Service Staff Honorary Consul ily Members of Members of Con- Consular Officer sular Employees Civil Immune from civil and ad- No immunity un- Same as consular offi- No immunity un- No immunity Same as consular Jurisdiction ministrative jurisdiction with der the VCCR. cers. VCCR, art. 43. der the VCCR. under the VCCR. officers. VCCR, art. respect to acts performed in 58(2). exercise of functions except (1) to degree that an action relates to private contract other than on behalf of send- ing State or (2) actions by 3rd parties for vehicle-caused damage. VCCR, art. 43. Judicial Immune from contempt for No immunity un- Immune only with No immunity un- As members of Same as consular Process failure to give evidence der the VCCR. respect to giving evi- der the VCCR. consular post, employees. VCCR, whenever called upon to do dence concerning offi- have same de- art. 58(2). so. Evidence, when provided, cial functions or docu- gree of immunity may be given so as not to ments, or concerning as consular em- interfere with consular func- expert testimony on ployees. VCCR, tions. VCCR, art. 44. sending State's law. arts. 1(g), 44. VCCR, art. 44. CRS-16 Provision Consular Officer Household Fam- Consular Employee Household Family Service Staff Honorary Consul ily Members of Members of Con- Consular Officer sular Employees Taxes Immune from taxes other Same as consular Same as consular offi- Same as consular Exempt from Exempt from all dues than (a) indirect taxes in the officers. VCCR, cers. VCCR, art. officers. VCCR, dues and taxes and taxes on price of goods/services; art. 49(1). 49(1). art. 49(1). on wages re- remuneration and (b) real property taxes/fees ceived for their emoluments received on private immovable prop- services. VCCR, for performing erty, unless held for sending art 49(2). consular functions. State; (c) inheritance and VCCR, art. 66. estate taxes on property not brought from sending State; (d) income tax on private U.S. income; (e) charges on specific services; and (f) court, registration, or record fees, mortgage dues and stamp duties on non-mission property. VCDR, art. 34. Customs Immune from duties on arti- Same as consular Generally the same as No immunity un- No immunity Immune only with cles for personal or official officers. VCCR, consular officers with der VCCR. under VCCR. respect to customs use. Exempt from inspection art. 50(1). respect to articles im- duties on certain except where there are seri- ported at the time of consular office items. ous grounds to believe there fist installation. VCCR, art. 62. are contraband articles or VCCR, art. 50(2). articles not for personal or However, no immu- official use. VCCR, art. nity concerning per- 50(1). sonal inspection of baggage. CRS-17 Provision Consular Officer Household Fam- Consular Employee Household Family Service Staff Honorary Consul ily Members of Members of Con- Consular Officer sular Employees Social Exempt with respect to ser- Same as consular Same as consular offi- Same as consular Same as consular No immunity Security vices rendered for the send- officers. VCCR, cers. VCCR, art. officers. VCCR, officers. VCCR, provision separate ing State. Not exempt with art. 48(1). 48(1). art. 48(1). art. 48(1). from that concerning respect to personal servants taxes and dues on all who are U.S. nationals or emoluments and permanent residents, or are remuneration in not covered by social secu- respect to official rity provisions of the sending functions. VCCR, art. State or a third State. VCCR, 66. art. 48(1). Military Immune from all public ser- Same as consular Same as consular offi- Same as consular Same as consular Same as consular Service, vice and military obligations. officers. VCCR, cers. VCCR, art. 52. officers. VCCR, officers. VCCR, officers. VCCR, art. Public VCCR, art. 52. art. 52. art. 52. art. 52. 67. Service Immigration Exempt from all laws regard- Same as consular Exempt from registra- Exempt only to No immunity Exempt from ing registration of aliens and officials. VCCR, tion and residency same degree as under the VCCR. registration and residency permits. VCCR, art. 46. permit requirements if principal consular residency permit art. 46. permanent employee employee. VCCR, requirements, unless of sending State and art. 46. also engaged in are not engaged in private gainful private gainful occu- occupation in the U.S. pation in the United VCCR, art. 65. States. VCCR, art. 46. CRS-18 Chart 3: Privileges and Immunities Accorded to Persons Under the UNCPI and UNHQA Provision Resident Representatives of Representatives of Secretary General, Designated U.N. Experts on U.N. Member States Member States Assistant Secretaries Officials Missions (generally) General, Their Spouses and Minor Children Definition All delegates, deputy delegates, All delegates, deputy Not expressly defined. Individuals within Not expressly defined. advisors, technical experts and delegates, advisers, categories of officials designated by Member State technical experts and designated by the with agreement, where relevant, secretaries of delegations. Secretary-General as of the U.N. or United States. UNCPI, § 16. entitled to immunities. UNHQA, § 15. UNCPI, §17. Criminal Same as diplomatic envoys. Same as resident Same as representatives of Immune with respect to Immune from personal Jurisdiction UNCPI, § 11(g); UNHQA, § 15. representatives (i.e., U.N. Member States (i.e., official acts. UNCPI, § arrest and detention. In U.S., full immunity from receive same immunities receive same immunities 18(a). Immune with respect criminal jurisdiction. VCDR, accorded to diplomatic accorded to diplomatic to official acts. art. 31(1). envoys). UNCPI, § 11(g); envoys). UNCPI, § 19; UNCPI, § 22(a), (b). VCDR, art. 31(1). VCDR, art. 31(1). Civil Same as diplomatic envoys. Same as resident Same as resident Immune with respect to Immune with respect Jurisdiction UNCPI, § 11(g); UNHQA, § 15. representatives (i.e., representatives (i.e., official acts. UNCPI, § to official acts. Immune except for (a) certain receive same immunities receive same immunities 18(a). UNCPI, § 22(b). actions relating to real property, accorded to diplomatic accorded to diplomatic (b) estate matters in which the envoys). UNCPI, § 11(g); envoys). Must have agent is acting as private party, VCDR, art. 31(1). vehicle insurance. and (c) actions relating to UNCPI, § 19; 22 U.S.C. § private professional or 254e. commercial activities. VCDR, art. 31(1). CRS-19 Provision Resident Representatives of Representatives of Secretary General, Designated U.N. Experts on U.N. Member States Member States Assistant Secretaries Officials Missions (generally) General, Their Spouses and Minor Children Judicial Same as diplomatic envoys. Same as resident Same as resident Immune with respect to Immune with respect Process UNCPI, § 11(g); UNHQA, § 15. representatives (i.e., representatives (i.e., official acts. UNCPI, § to official acts. In U.S., immune from obligation receive same immunities receive same immunities 18(a). UNCPI, § 22(b). to give evidence. Immune from accorded to diplomatic accorded to diplomatic execution of judgments except envoys). UNCPI, § 11(g); envoys). UNCPI, § 19; in non-immune civil action VCDR arts. 30, 31(2)-(3). VCDR arts. 30, 31(2)-(3). where execution will not infringe on the inviolability of his person or residence. VCDR, art. 31(2)-(3). Private residence deemed inviolable to same degree as diplomatic mission. VCDR, art. 30. CRS-20 Provision Resident Representatives of Representatives of Secretary General, Designated U.N. Experts on U.N. Member States Member States Assistant Secretaries Officials Missions (generally) General, Their Spouses and Minor Children Taxes Same as diplomatic envoys. Same as resident Same as resident Immune from taxes on No express immunity, UNCPI, § 11(g); UNHQA, § 15. representatives (i.e., representatives (i.e., salaries and beyond general In U.S., immune from taxes receive same immunities receive same immunities emoluments paid by the immunity necessary other than (a) indirect taxes in accorded to diplomatic accorded to diplomatic U.N. UNCPI, § 18(b). for the independent the price of goods or services; envoys), except with envoys). UNCPI, § 19; exercise of their (b) real property taxes and fees respect to excise duties VCDR, art. 34. functions. UNCPI, § on private immovable property, and sales taxes. UNCPI, § 22. unless held on behalf of sending 11(g); VCDR, art. 34. State; (c) estate and inheritance taxes not attributable to property brought from sending State; (d) income tax on private income earned in U.S.; (e) charges levied for specific services rendered; and (f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, other than mission premises. VCDR, art. 34. CRS-21 Provision Resident Representatives of Representatives of Secretary General, Designated U.N. Experts on U.N. Member States Member States Assistant Secretaries Officials Missions (generally) General, Their Spouses and Minor Children Customs Same as diplomatic envoys. Same as resident Same as resident Immune from duties on Same immunities as UNCPI, § 11(g); UNHQA, § 15. representatives (i.e., representatives (i.e., furniture and effects diplomatic envoys as Immune from duties on articles receive same immunities receive same immunities imported at the time of to personal baggage. for personal or official use. In accorded to diplomatic accorded to diplomatic first taking post. UNCPI, § 22(f). In U.S., exempt from inspection envoys), except with envoys). UNCPI, § 19; UNCPI, § 18(g). U.S., exempt from except where there are serious respect to duties on goods VCDR, art. 36. inspection except grounds to believe there are imported other than where there are contraband articles or articles personal baggage. serious grounds to not for personal or official use. UNCPI, § 11(g); VCDR, believe there are VCDR, art. 36. art. 36. contraband articles or articles not for personal or official use. VCDR, art. 36. Social Same as diplomatic envoys. Same as resident Same as resident No express immunity No express immunity, Security UNCPI, § 11(g); UNHQA, § 15. representatives (i.e., representatives (i.e., other than for taxes on beyond general In U.S., exempt with respect to receive same immunities receive same immunities U.N. salaries and immunity necessary services rendered for the sending accorded to diplomatic accorded to diplomatic emoluments. UNCPI, § for the independent State. Not exempt with respect envoys). UNCPI, § 11(g); envoys). UNCPI, § 11(g); 18. exercise of their to personal servants who are VCDR, art. 33(1)-(2). VCDR, art. 33(1)-(2). functions. UNCPI, § U.S. nationals or permanent 22. residents, or are not covered by social security provisions of the sending State or a third State. VCDR, art. 33(1)-(2). CRS-22 Provision Resident Representatives of Representatives of Secretary General, Designated U.N. Experts on U.N. Member States Member States Assistant Secretaries Officials Missions (generally) General, Their Spouses and Minor Children Military Exempt, along with spouses, Exempt, along with Exempt, along with Exempt from national No express immunity, Service, from national service spouses, from national spouses, from national service obligations. beyond general Public obligations. UNCPI, § 11(d). service obligations to service obligations to UNCPI, § 18(c). immunity necessary Service Generally immune on same same degree as resident same degree as resident for the independent basis as diplomatic envoys. representatives. UNCPI, § representatives. UNCPI, § exercise of their UNHQA, §. 15; UNCPI, § 11(g). 11(d), (g); VCDR, art. 19; VCDR, art. 35. functions. UNCPI, § In U.S., immune from all public 35. 22. service and military obligations. VCDR, art. 35. Immigration Exempt, along with spouses, Along with spouses, same Exempt, along with Along with spouses and No express immunity, from immigration restriction and as resident spouses and dependent dependent relatives, beyond general alien registration requirements. representatives. UNCPI,§ relatives, from same as Secretary immunity necessary UNCPI, § 11(d). Generally 11(d), (g). immigration restrictions General. UNCPI,§ for the independent immune on same basis as and alien restrictions. 18(d). exercise of their diplomatic envoys. UNHQA, § UNCPI, §§ 18(d), 19. functions. UNCPI, § 15; UNCPI, § 11(g). 22. CRS-23 Chart 4: Privileges and Immunities Accorded to Persons Under the IOIA and Other Relevant Domestic Statutes Provision Foreign Representatives to, and Officials and Employees of, International Organizations Definition Not specifically defined by statute. Criminal Jurisdiction Immune with respect to official acts falling within their functions. IOIA, § 288d(b). Civil Jurisdiction Immune with respect to official acts falling within their functions. IOIA, § 288d(b). Judicial Process Immune with respect to official acts falling within their functions. IOIA, § 288d(b). Taxes Exempt from tax on compensation for official services except where employed by a foreign government that does not grant an equivalent exemption to U.S. government employees. 26 U.S.C. § 893. Customs Immune, along with immediate household family members, from duties with respect to baggage and effects imported in connection with the arrival of the owner. IOIA, § 288(b). Social Security Exempt from Social Security contributions related to employment in or representation to the international organization. 26 U.S.C. § 3121(b)(15). Military Service, Public Service No immunity under IOIA. Exemption from military service apparently depends on previous service abroad, applicable treaties, and immigration status. 50 App. U.S.C. § 456(a)(1). Immigration Exempt, along with immediate household family members, from immigration and alien registration requirements on same basis as officers and employees, respectively, of foreign governments and their families. IOIA, § 288d(a). CRS-24 Chart 5: Privileges and Immunities Accorded to U.N. Representatives and Employees Under the IOIA, UNCPI, UNHQA, VCDR, and Related Statutes and Agreements The United Nations and specified officials, employees, and representatives to the organization are accorded a number of privileges and immunities by a series of interrelated statutes and treaties. In some cases, the immunities accorded to the organization and specified officials, employees, and U.N. representatives are explicit; in other cases, they are established via cross-reference to other sources of law. This chart details the scope of such immunities, as governed by the International Organizations Immunities Act, the U.N. Convention on Privileges and Immunities, the U.N. Headquarters Agreement, and, by cross-reference, the Vienna Convention on Diplomatic Relations. Where appropriate, immunities provided by related U.S. statutes are also listed. Provision Resident Representatives Representatives of Secretary General, Designated U.N. Non-designated Experts on U.N. of Member States Member States Assistant Secretaries Officials U.N. Officials and Missions (generally) General, Their U.N. Employees Spouses and Minor Children Definition All delegates, deputy dele- All delegates, deputy Not expressly de- Individuals falling Not expressly de- Not expressly gates, advisors, technical delegates, advisers, fined. within categories of fined. defined. experts and designated by technical experts and officials designated Member State with agree- secretaries of delega- by the Secretary- ment, where relevant, of the tions. UNCPI, § 16. General as entitled U.N. or United States. to immunities. UNHQA, § 15. UNCPI, §17. Criminal Same as diplomatic envoys. Same as resident rep- Same as resident rep- Immune with re- Same as designated Immune from Jurisdiction UNCPI, § 11(g); UNHQA, resentatives (i.e., re- resentatives (i.e., re- spect to official U.N. officials. personal arrest and § 15. In U.S., accorded full ceive same immuni- ceive same immuni- acts. UNCPI,§ IOIA, § 288d(b). detention. UNCPI, § immunity from criminal ties accorded to dip- ties accorded to diplo- 18(a); IOIA, § 22(a). Immune with jurisdiction. VCDR, art. lomatic envoys). matic envoys). 288d(b). respect to official 31(1). UNCPI, § 11(g); UNCPI, § 19; VCDR, acts. UNCPI, § VCDR, art. 31(1). art. 31(1). 22(b); IOIA, § 288d(b). CRS-25 Provision Resident Representatives Representatives of Secretary General, Designated U.N. Non-designated Experts on U.N. of Member States Member States Assistant Secretaries Officials U.N. Officials and Missions (generally) General, Their U.N. Employees Spouses and Minor Children Civil Same as diplomatic envoys. Same as resident rep- Same as resident rep- Immune with re- Same as designated Same as designated Jurisdiction UNCPI, § 11(g); UNHQA, resentatives (i.e., re- resentatives (i.e., re- spect to official U.N. officials. U.N. officials. § 15. In U.S., immune ex- ceive same immuni- ceive same immuni- acts. UNCPI, § IOIA, § 288d(b). UNCPI, § 22(b); cept for (a) certain actions ties accorded to dip- ties accorded to diplo- 18(a); IOIA, § IOIA, § 288d(b). relating to real property, (b) lomatic envoys). matic envoys). 288d(b). estate matters in which the UNCPI, § 11(g); UNCPI, § 19; VCDR, agent is acting as private VCDR, art. 31(1). art. 31(1). Must have party, and (c) actions relat- vehicle insurance un- ing to private professional der 22 U.S.C. § 254e. or commercial activities. VCDR, art. 31(1). CRS-26 Provision Resident Representatives Representatives of Secretary General, Designated U.N. Non-designated Experts on U.N. of Member States Member States Assistant Secretaries Officials U.N. Officials and Missions (generally) General, Their U.N. Employees Spouses and Minor Children Judicial Receive same immunities as Same as resident rep- Same as resident rep- Immune with re- Same as designated Same as designated Process diplomatic envoys. UNCPI, resentatives (i.e., re- resentatives (i.e., re- spect to official U.N. officials. U.N. officials. § 11(g); UNHQA, § 15. Im- ceive same immuni- ceive same immuni- acts. UNCPI, § IOIA, § 288d(b). UNCPI, § 22(b). mune from obligation to ties accorded to dip- ties accorded to diplo- 18(a); IOIA, § give evidence. Immune lomatic envoys). matic envoys). 288d(b). from execution of judg- UNCPI, § 11(g); UNCPI, § 11(g); ments except in non-im- VCDR, arts. 30, VCDR, arts. 30, mune civil action where 31(2)- (3). 31(2)- (3). execution will not infringe on the inviolability of his person or residence. VCDR, art. 31(2)-(3). Private resi- dence deemed inviolable to same degree as diplomatic mission. VCDR, art. 30. CRS-27 Provision Resident Representatives Representatives of Secretary General, Designated U.N. Non-designated Experts on U.N. of Member States Member States Assistant Secretaries Officials U.N. Officials and Missions (generally) General, Their U.N. Employees Spouses and Minor Children Taxes Same as diplomatic envoys. Same as resident rep- Same as resident rep- Immune from taxes Immune from taxes If employed by the UNHQA, § 15. Immune resentatives (i.e., re- resentatives (i.e., re- on salaries and on salaries and U.N., immune from from taxes other than (a) ceive same immuni- ceive same immuni- emoluments paid emoluments paid taxes on salaries and indirect taxes in price of ties as diplomatic ties as diplomatic en- by the U.N. by the U.N. 26 emoluments paid by goods/services; (b) real envoys), except with voys). UNCPI, § 19. UNCPI, § 18(b). U.S.C. § 893. the U.N. 26 U.S.C. property taxes/fees on pri- respect to excise § 893. Have vate property, unless held duties and sales general immunity on behalf of sending State; taxes. UNCPI, § necessary for the (c) estate or inheritance 11(g). independent taxes on property other than exercise of that brought from sending functions. UNCPI, State; (d) income tax on § 22. private U.S. income; (e) charges for specific ser- vices; and (f) registration, court or record fees, mort- gage dues and stamp duty, with respect to non-mission, immovable, property. VCDR, art. 34. CRS-28 Provision Resident Representatives Representatives of Secretary General, Designated U.N. Non-designated Experts on U.N. of Member States Member States Assistant Secretaries Officials U.N. Officials and Missions (generally) General, Their U.N. Employees Spouses and Minor Children Customs Same as diplomatic envoys. Same as resident rep- Same as resident rep- Immune, along Same as designated Same immunities as UNCPI, § 11(g); UNHQA, resentatives, includ- resentatives, includ- with immediate U.N. officials. resident § 15. Immune from duties ing with respect to ing with respect to household family IOIA, § 288(b). representatives with on articles for personal or immunities accorded immunities accorded members, from du- respect to personal official use. In U.S., exempt to immediate house- to immediate house- ties with respect to baggage. UNCPI, § from inspection except hold family mem- hold family members. baggage and effects 22(f); VCDR, art. where there are serious bers. UNCPI, § UNCPI, § 11(g); imported in con- 36. If employed by grounds to believe there are 11(g); VCDR, art. VCDR, art. 36; IOIA, nection with the U.N., experts and contraband articles or arti- 36; IOIA, § 288(b). § 288(b). arrival of the immediate cles not for personal or offi- owner. IOIA, § household family cial use. VCDR, art. 36. 288(b). members are Immediate household fam- immune from duties ily members are immune with respect to from duties with respect to baggage and effects baggage and effects im- imported in ported in connection with connection with the the arrival of the owner. arrival of the owner. IOIA, § 288(b). IOIA, § 288(b). CRS-29 Provision Resident Representatives Representatives of Secretary General, Designated U.N. Non-designated Experts on U.N. of Member States Member States Assistant Secretaries Officials U.N. Officials and Missions (generally) General, Their U.N. Employees Spouses and Minor Children Social Same as diplomatic envoys. Same as resident rep- Same as resident rep- Exempt from So- Same as designated General immunity Security UNCPI, § 11(g); UNHQA, resentatives (i.e., re- resentatives (i.e., re- cial Security contri- U.N. officials. 26 necessary for the § 15. Exempt with respect ceive same immuni- ceive same immuni- butions related to U.S.C. § independent to services rendered for the ties as diplomatic ties as diplomatic en- employment in or 3121(b)(15). exercise of their sending State. Not exempt envoys). UNCPI, § voys). UNCPI, § 19; representation to functions. UNCPI, with respect to personal 11(g); VCDR, art. VCDR, art. 33(1)-(2). the international § 22. If employed servants who are U.S. na- 33(1)-(2). organization. 26 by U.N., same tionals or permanent resi- U.S.C. § immunity as dents, or are not covered by 3121(b)(15). designated U.N. social security provisions of officials. 26 U.S.C. the sending State or a third 3121(b)(15). State. VCDR, art. 33(1)-(2). CRS-30 Provision Resident Representatives Representatives of Secretary General, Designated U.N. Non-designated Experts on U.N. of Member States Member States Assistant Secretaries Officials U.N. Officials and Missions (generally) General, Their U.N. Employees Spouses and Minor Children Military Exempt, along with Exempt, along with Exempt, along with Exempt from na- No express immu- No express Service, spouses, from national ser- spouses, to same de- spouses, to same de- tional service obli- nity. Exemption immunity, beyond Public vice obligations. UNCPI, § gree as resident rep- gree as resident repre- gations. UNCPI, § apparently depends general immunity Service 11(d). Generally immune on resentatives (i.e., im- sentatives (i.e., im- 18(c). on previous service necessary for the same basis as diplomatic mune on same basis mune on same basis abroad, applicable independent envoys. UNHQA, §. 15; as diplomatic en- as diplomatic en- treaties, and immi- exercise of their UNCPI, § 11(g). In U.S., voys). UNCPI, § voys). UNCPI, § 19; gration status. 50 functions. UNCPI, immune from all public ser- 11(g); VCDR, art. VCDR, art. 35. App. U.S.C. § § 22. Exemption vice and military obliga- 35. 456(a)(1). apparently depends tions. VCDR, art. 35. on previous service abroad, applicable treaties, and immigration status. 50 App. U.S.C. § 456(a)(1). CRS-31 Provision Resident Representatives Representatives of Secretary General, Designated U.N. Non-designated Experts on U.N. of Member States Member States Assistant Secretaries Officials U.N. Officials and Missions (generally) General, Their U.N. Employees Spouses and Minor Children Immigration Exempt, along with Same as resident rep- Exempt, along with Same as Secretary Exempt, along with No express spouses, from immigration resentatives (includ- spouses and depend- General (including immediate house- immunity, beyond restriction and alien regis- ing with respect to ent relatives, from with respect to im- hold family mem- that necessary for tration requirements. immunities accorded immigration restric- munities accorded bers, from immi- the independent UNCPI, § 11(d). Other im- to spouses and other tions and alien restric- to spouses, depend- gration and alien exercise of their mediate household family immediate household tions. UNCPI, §§ ent relatives, and registration require- functions. UNCPI, members are also exempt family members). 18(d), 19. Other im- other immediate ments on same ba- § 22. If employed from immigration and alien UNCPI, § 11(d); mediate household household family sis as officers and by U.N., exempt, registration requirements on IOIA, § 288d(a). family members are members). UNCPI, employees, respec- along with same basis as officers of also exempt from im- §§ 18(d), 19; IOIA, tively, of foreign immediate foreign governments and migration and alien § 288d(a). governments and household family their families. IOIA, § registration require- their families. members to same 288d(a). ments on same basis IOIA, § 288d(a). degree as other U.N. as officers of foreign employees. IOIA, § governments and their 288d(a). families. IOIA, § 288d(a). ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33147