The premises of embassies include all land and buildings The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post."Īs mentioned above, the definition of "premises" given in the two conventions are not the same. "Consular premises shall be inviolable to the extent provided in this article. Article 31 of that Convention, on the Inviolability of the consular premises says: The agents of the receiving State may not enter them, except with the consent of the head of the mission."Ĭonsulates are covered by the 1963 Vienna Convention on Consular Relations. "The premises of the mission shall be inviolable. What protection do the premises of embassies and consulates get?Įmbassies are covered by the 1961 Vienna Convention on Diplomatic Relations. However, "premises" are defined differently for embassies and consulates: the "premises" of an embassy includes more than the "premises" of a consulate, so more of the embassy is protected than of the consulate. Under the Vienna Conventions, local authorities need the permission of the head-of-mission to enter the premises of either. Yes, as Dale says, the same protections apply to the premises of consulates and embassies. Since such a consul does not enjoy absolute immunity, his residence is not un-enterable, as would be the case for an ambassador or regular consul. Irrespective of ownership, used exclusively for the purposes of theĪn honorary consul may uses his home for conducting consular business, but it is not immune from search (it is a de facto consulate, but does not qualify as a "consular premise" in the sense defined by the convention). The buildings or parts of buildings and the land ancillary thereto, Under the Vienna treaty, "consular premises" is a term of diplomatic art, referring to a subset of consulates, as The individuals do not have regular consular immunity, they have only official acts immunity, and the premise where they do their business is not unsearchable, unless the premise is used only for official consular business (thus, not their own homes). Quite often, nations have consular offices outside the capital manned by locals with an interest in the sending nation, and they may carry out business in their own home. Immunities only apply to foreign nationals of the sending nation, and not to citizens or permanent residents of the US. However, some staff only enjoy "official acts" immunity. That means that in some cases, a consulate has no immunity.ĭiplomatic agents (such as ambassadors) and their families enjoy total immunity. Facilities derive immunity from their relationship to consular personnel and their duties. See The 1963 Vienna Consular treaty for the general agreement. More or less, but this manual gives details on the "less" part, as interpreted by the US State Department.
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