# How do you tell who has diplomatic, and who has consular status?

**URL:** <https://boards.straightdope.com/t/how-do-you-tell-who-has-diplomatic-and-who-has-consular-status/489887>\
**Category:** Factual Questions\
**Created:** [March 18, 2009, 2:46pm UTC](https://boards.straightdope.com/t/how-do-you-tell-who-has-diplomatic-and-who-has-consular-status/489887 "2009-03-18T14:46:33Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![No\_Wikipedia\_Cites](https://avatars.discourse-cdn.com/v4/letter/n/94ad74/32.png) [@No\_Wikipedia\_Cites](https://boards.straightdope.com/u/No_Wikipedia_Cites)\
**Post date:** [March 18, 2009, 2:46pm UTC](https://boards.straightdope.com/t/how-do-you-tell-who-has-diplomatic-and-who-has-consular-status/489887/1 "2009-03-18T14:46:33Z")

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The recent discussion about diplomatic immunity distinguished consular immunity, which is narrower.

But how do you tell who has diplomatic status, and who has consular status? At say, the US Embassy in Mexico City, is everyone there (besides the local Mexican workers at the embassy) diplomatic? And then, at say, the US Consulate in Tiajuana, is every worker there (besides the locally hired Mexican citizens) “consular”? Or instead, is this based on job title?

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**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\
**Post date:** [March 18, 2009, 3:13pm UTC](https://boards.straightdope.com/t/how-do-you-tell-who-has-diplomatic-and-who-has-consular-status/489887/2 "2009-03-18T15:13:36Z")

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It’s been a long time since I took international law, but I think it’s simply whether the members of the mission are attached to the embassy or a consulate.

–Cliffy

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**Author:** ![Bluffcityguy](https://avatars.discourse-cdn.com/v4/letter/b/ebca7d/32.png) [@Bluffcityguy](https://boards.straightdope.com/u/Bluffcityguy)\
**Post date:** [March 18, 2009, 3:30pm UTC](https://boards.straightdope.com/t/how-do-you-tell-who-has-diplomatic-and-who-has-consular-status/489887/3 "2009-03-18T15:30:47Z")

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FWIW, Wikipedia ([Consul (representative) - Wikipedia](http://en.wikipedia.org/wiki/Consul_(representative)) ) notes that ambassadors are the representative of one head of state to another head of state, while a consul is the representative of a state to another state, whose duties are basically to represent and protect the citizens of the consul’s state in the state to which the consul is posted, and to facilitate friendship and trade between the consul’s state and the state to which s/he is posted.

Near as I can tell, diplomats and consuls have to be accredited to the host country. I assume that such accreditation would confer the appropriate status. It seems (based on the Wikipedia article cited) that one person can be accredited to another country as both diplomat and consul, and serve in both capacities. So I’d venture the opinion that it’s the credentials you’ve been given by your own country that determines your status (diplomatic, consular, or both).

Now, someone who knows better, tear me apart. 😃

Cheers,

bcg

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [March 18, 2009, 3:40pm UTC](https://boards.straightdope.com/t/how-do-you-tell-who-has-diplomatic-and-who-has-consular-status/489887/4 "2009-03-18T15:40:20Z")

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Here is what the Vienna Convention says:

> [@](#):
>
> Article 37
> 
> 1. The members of the family of a diplomatic agent forming part of his  
> household shall, if they are not nationals of the receiving State, enjoy  
> the privileges and immunities specified in Articles 29 to 36.
> 
> 2. Members of the administrative and technical staff of the mission,  
> together with members of their families forming part of their respective  
> households, shall, if they are not nationals of or permanently resident in  
> the receiving State, enjoy the privileges and immunities specified in  
> Articles 29 to 35, except that the immunity from civil and administrative  
> jurisdiction of the receiving State specified in paragraph 1 of Article 31  
> shall not extend to acts performed outside the course of their duties. They  
> shall also enjoy the privileges specified in Article 36, paragraph 1, in  
> respect of articles imported at the time of first installation.
> 
> 3. Members of the service staff of the mission who are not nationals of or  
> permanently resident in the receiving State shall enjoy immunity in respect  
> of acts performed in the course of their duties, exemption from dues and  
> taxes on the emoluments they receive by reason of their employment and the  
> exemption contained in Article 33.
> 
> 4. Private servants of members of the mission shall, if they are not  
> nationals of or permanently resident in the receiving State, be exempt from  
> dues and taxes on the emoluments they receive by reason of their  
> employment. In other respects, they may enjoy privileges and immunities  
> only to the extent admitted by the receiving State. However, the receiving  
> State must exercise its jurisdiction over those persons in such a manner as  
> not to interfere unduly with the performance of the functions of the  
> mission.
> 
> 5. Except insofar as additional privileges and immunities may be granted by  
> the receiving State, a diplomatic agent who is a national of or permanently  
> resident in that State shall enjoy only immunity from jurisdiction, and  
> inviolability, in respect of official acts performed in the exercise of his  
> functions.
> 
> 6. Other members of the staff of the mission and private servants who are  
> nationals of or permanently resident in the receiving State shall enjoy  
> privileges and immunities only to the extent admitted by the receiving  
> State. However, the receiving State must exercise its jurisdiction over  
> those persons in such a manner as not to interfere unduly with the  
> performance of the functions of the mission.
> 
> 7. Every person entitled to privileges and immunities shall enjoy them from  
> the moment he enters the territory of the receiving State on proceeding to  
> take up his post or, if already in its territory, from the moment when his  
> appointment is notified to the Ministry for Foreign Affairs or such other  
> ministry as may be agreed.
> 
> 8. When the functions of a person enjoying privileges and immunities have  
> come to an end, such privileges and immunities shall normally cease at the  
> moment when he leaves the country, or on expiry of a reasonable period in  
> which to do so, but shall subsist until that time, even in case of armed  
> conflict. However, with respect to acts performed by such a person in the  
> exercise of his functions as a member of the mission, immunity shall  
> continue to subsist.
> 
> 9. In case of the death of a member of the mission, the members of his  
> family shall continue to enjoy the privileges and immunities to which they  
> are entitled until the expiry of a reasonable period in which to leave the  
> country.
> 
> 10. In the event of the death of a member of the mission not a national of  
> or permanently resident in the receiving State or a member of his family  
> forming part of his household, the receiving State shall permit the  
> withdrawal of the movable property of the deceased, with the exception of  
> any property acquired in the country the export of which was prohibited at  
> the time of his death. Estate, succession and inheritance duties shall not  
> be levied on movable property the presence of which in the receiving State  
> was due solely to the presence there of the deceased as a member of the  
> mission or as a member of the family of a member of the mission.

[http://fletcher.tufts.edu/multi/texts/BH408.txt](http://fletcher.tufts.edu/multi/texts/BH408.txt)

Consular is a bit different:

> [@](#):
>
> ```
> Article 43
> IMMUNITY FROM JURISDICTION
> 
> ```
> 
> 1. Consular officers and consular employees shall not be amenable to the  
> jurisdiction of the judicial or administrative authorities of the receiving  
> State in respect of acts performed in the exercise of consular functions.
> 
> 2. The provisions of paragraph 1 of this Article shall not, however, apply  
> in respect of a civil action either:
> 
> (a) arising out of a contract concluded by a consular officer or a  
> consular employee in which he did not contract expressly or impliedly  
> as an agent of the sending State; or  
> (b) by a third party for damage arising from an accident in the receiving  
> State caused by a vehicle, vessel or aircraft.

[http://fletcher.tufts.edu/multi/texts/BH444.txt](http://fletcher.tufts.edu/multi/texts/BH444.txt)

> [@](#):
>
> 1. For the purposes of the present Convention, the following expressions  
> shall have the meanings hereunder assigned to them:
> 
> (a) “consular post” means any consulate-general, consulate,  
> vice-consulate or consular agency;  
> (b) “consular district” means the area assigned to a consular post for  
> the exercise of consular functions;  
> (c) “head of consular post” means the person charged with the duty of  
> acting in that capacity;  
> (d) “consular officer” means any person, including the head of a consular  
> post, entrusted in that capacity with the exercise of consular  
> functions;  
> (e) “consular employee” means any person employed in the administrative  
> or technical service of a consular post;  
> (f) “member of the service staff” means any person employed in the  
> domestic service of a consular post;  
> (g) “members of the consular post” means consular officers, consular  
> employees and members of the service staff;  
> (h) “members of the consular staff” means consular officers, other than  
> the head of a consular post, consular employees and members of the  
> service staff;  
> (i) “member of the private staff” means a person who is employed  
> exclusively in the private service of a member of the consular post;

\*Id. \*

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [March 18, 2009, 3:44pm UTC](https://boards.straightdope.com/t/how-do-you-tell-who-has-diplomatic-and-who-has-consular-status/489887/5 "2009-03-18T15:44:47Z")

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You can find lists of diplomatic staffs and spouses here: [Historical Diplomatic List](http://www.state.gov/s/cpr/rls/dpl/)

A similar list for consular offices: [We apologize for the inconvenience... - United States Department of State](http://www.state.gov/s/cpr/rls/fco/springsummer/index.htm)