Immunities of consular agents

Consular agents are not diplomatic envoys: they are not in charge of transactions between two States. Rather, they perform activities designed to protect the commercial and other interests of the appointing State and in particular render assistance to nationals of that State (for instance, by giving them help and advice should they be arrested or detained in the host State, by communicating with nationals imprisoned by the local authorities, etc.). They also perform important notarial functions (for instance, by attesting and legalizing signatures, administering oaths for the purpose of evidence in trial proceedings, by concluding or registering marriages, by taking charge of wills of their own nationals, legalizing adoptions, registering births and deaths, etc.).

On account of the characteristics of their functions, consular agents do not enjoy personal immunities. They are only immune from criminal and civil jurisdiction for acts done in the official exercise of their consular functions (functional immunities). In addition, under Article 41.1 of the Vienna Convention, they are not ‘liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority’.

Consular agents are exempt from taxation (Article 49 of the Vienna Convention) and from customs duties and inspection (Article 50).