They also enjoy certain functionally limited privileges and immunities pursuant to article VI of the General Convention. The General Convention has had a major impact on the development of subsequent treaties dealing with privileges and immunities of international organizations.

It entered into force on 2 December and applies to those United Nations related international organizations that have entered into special relationship agreements with the United Nations pursuant to Article 63 of the Charter, such as the International Civil Aviation Organization, the World Health Organization, the Food and Agriculture Organization, the United Nations Educational, Scientific and Cultural Organization, the International Monetary Fund, the International Bank for Reconstruction and Development, and others.

The so-called Special Convention contains roughly the same provisions on privileges and immunities as the General Convention. Examples of similar privileges and immunities treaties are the General Agreement on Privileges and Immunities of the Council of Europe, , and the Agreement on Privileges and Immunities of the Organization of American States, Related Materials A.

Doctrine K. Nijhoff, Committee 5 held its first meeting on 27 November see summary record. On 30 November , the delegation of Canada submitted to Committee 5 a draft resolution concerning the question of immunities, facilities and privileges of the United Nations, of representatives of its Members and of its officials. At the first session of the General Assembly, the consideration of the report of Chapter VII of the report of the Preparatory Commission was referred to the Sixth Legal Committee see the verbatim records of the 16th plenary meeting of the General Assembly, 19 January The Sixth Committee held its discussions on the matter in the first part of the first session of the General Assembly.

On 24 January , the Chairman of the Committee proposed that a sub-committee on privileges and immunities be appointed see Sixth Committee, Summary records of the sixth meeting, pp.

Following a brief discussion, the Committee agreed that the terms of reference of the Sub-Committee would be to make recommendations on whether a draft convention on privileges and immunities or a series of recommendations on the topic should be adopted ibid. It entered into force on 17 September Convention on the Privileges and Immunities of the Specialized Agencies As indicated above, the issue of the elaboration of a convention on the privileges and immunities of the United Nations and related issues were considered in the framework of Committee 5 Legal Committee of the Preparatory Commission of the United Nations.

The Commission pointed out, inter alia, that the privileges and immunities of the United Nations might be regarded as a maximum within which the specialized agencies should enjoy such privileges and immunities as the proper fulfilment of their respective functions might require ibid. This convention would apply without distinction to all the specialized agencies and would lay down the general privileges and immunities required by those organizations, while reserving the special privileges which might be needed because of the particular functions of any individual agency.

In his report, the Secretary-General pointed out that the specialized agencies favoured the convening of a general conference of all States Members of the various specialized agencies, which the specialized agencies themselves would be invited to attend in a consultative capacity, so as to enable them to submit any observations and suggestions that might be useful.

The Convention entered into force on 2 December Selected preparatory documents in chronological order. Preparatory Commission of the United Nations. Committee 5: Legal Questions, Summary record of meetings No. Committee 5: Legal Questions, Proposed additions to draft Convention on immunities and privileges by Mr. Committee 5: Legal Questions, Summary records of meetings Nos. General Assembly resolution II of 21 November Co-ordination of the privileges and immunities of the United Nations and of the specialized agencies.

Foreign government representatives to international organizations in the United States are accredited to those organizations. Generally, the immunities of such representatives to an international organization, and those of their family members, are governed by the International Organizations Immunities Act IOIA and an executive order issued thereunder specific to that organization.

The IOIA extends immunities to such representatives to an international organization when that organization has been duly designated by the President as entitled to the immunities provided by that Act. A list of those organizations is available at 9 FAM In exceptional cases, however, immunities are granted to such representatives and their families by treaty.

Generally, the immunities of officers and employees of an international organization, and those of their family members, are governed by the IOIA and an executive order issued thereunder specific to that organization. The IOIA extends immunities to such officers and employees of an international organization when that organization has been duly designated by the President as entitled to the immunities provided by that Act.

Under the IOIA, officers and employees of designated organizations are immune from suit and legal process relating to acts performed by them in their official capacity and falling within their functions as officers or employees. In exceptional cases, however, immunities are granted to such officers and employees, and their families by treaty. As appropriate, OFM issues identification cards to such persons subsequent to the accreditation or acceptance of notification of such individuals.

Even if already in possession of a visa, if probable cause exists to believe the alien committed a serious criminal offense as defined in 2 FAM Foreign government representatives to an international organization are accredited to that international organization, and not to the United States.

USUN issues appropriate identification cards to U. OFM issues appropriate identification cards to persons enjoying immunity who are accredited to other international organizations. Foreign heads of state, heads of government, and foreign ministers enjoy immunity from criminal and civil jurisdiction during their terms of office. In the event of any attempt to serve criminal or civil process on a head of state, head of government, or foreign minister, or part of their traveling party, DS should immediately contact L.

Department policy is to formulate a comprehensive program for enforcement of limitations on diplomatic immunities and to control the abuse of such immunities in a manner that is both effective and consistent with international law. The Department's publication titled "Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities" provides detailed information and guidance concerning this topic.

This publication is available at www. Diplomatic immunity is based upon the principle that members of diplomatic, or comparable, missions or officials of international organizations enjoying such immunity need to pursue their official duties free from harassment and possible intimidation and without impediment to their performance of those duties.

Immunity is not a license for misconduct. It is a doctrine intended to benefit the sending state or international organization, not individuals. Consequently, the U. Government expects chiefs of diplomatic missions, their counterparts in missions to international organizations, and the heads of international organizations headquartered or maintaining offices in this country, to educate their staff members, as well as family members enjoying derivative immunity, on their duty to respect U.

The U. Government also expects all missions and international organizations to consider in good faith all requests made for the waiver of immunity, and to take appropriate action against those who may abuse their immunity. In the end, the United States holds the chief of mission and the sending state or international organization responsible for the conduct of people sent to the United States as diplomatic representatives or other persons entitled to immunity.

The Department of State also recognizes that, by accepting foreign mission members who enjoy immunity from local jurisdiction, the Department has a responsibility to U.

Where abuse occurs, it is Department policy to take prompt and effective action against the offender, consistent with U. Department policy with respect to alleged criminal violations by persons with immunity from criminal jurisdiction is:. This policy applies with respect to first offenses of reckless driving or driving while intoxicated or under the influence of alcohol or drugs, only where such offenses result in death or serious personal injury to another person, or significant property damage.

Also, in the case of offenses by family members, to require departure of the mission member from whom the family member's immunity derives, as necessary;. Explanatory note: 18 U. As noted in 2 FAM The purpose is to permit U. Consistent with 2 FAM Department of State personnel responsible for the implementation and enforcement of the program described in 2 FAM To enhance the success of U.

Among other steps, the Department of State will:. The Department's general policy with regard to non-resident aliens whose presence in the United States may generate foreign policy interest but who do not enjoy immunity from criminal jurisdiction is to let law enforcement take its course, just as for any other person subject to U. In the rare case involving such individuals which presents significant foreign policy concerns, communication of such concerns by the Department of State to law enforcement personnel may be justified.

Department personnel are prohibited from communicating such concerns without properly obtained authority at the appropriate Department level see 2 FAM The Department of State is also concerned about any abuse of immunity from civil jurisdiction by missions, their members, and members of their families.

In certain instances OFM also provides informal certifications concerning immunities from criminal or civil process relating to driving offenses. In cases involving U. Communications or actions by the Department are generally sought by law enforcement authorities, by courts, by or on behalf of individuals, by foreign governments, or by affected private citizens in two categories of criminal cases:.

Under U. If the alleged offender enjoys immunity, the Department also takes the steps described in 2 FAM When an alien who enjoys no immunity from arrest or prosecution is charged in the United States with a serious crime, and the case raises significant foreign policy concerns, it may be advisable for the Department to communicate those concerns to law enforcement personnel.

The Secretary of State, Deputy Secretary of State, Under Secretary of State for Political Affairs, or Under Secretary of State for Management must approve communications with law enforcement personnel if the proposed Department communication seeks to influence the disposition of the case.

Because of the inherently sensitive nature of criminal prosecutions, the technical issues likely to arise, the possible need to coordinate with the Department of Justice, and the need for consistency, requests for S, D, P, or M approval must be cleared within the Department as appropriate, including in all cases with L.

Nothing in this section prevents communication between appropriate working level offices in the Department and their counterpart law enforcement officials with regard to matters outside the cases considered in this section.

Finally, if outstanding debts are not settled within a reasonable period not exceeding six months , continued reliance on immunity to evade a debt may affect a mission member's continued acceptability in the United States, to the extent consistent with U. The departure of a mission member without settlement of outstanding debts may affect the Department's ability to accept a replacement and will also result in the United States notifying potential creditors to the extent practicable of all appropriate facts necessary for their self-protection.

Such records are shared with the Visa Office in the Bureau of Consular Affairs as appropriate to prevent the return to the United States of alleged offenders who were required to leave or who preemptively left this country as a result of alleged criminal conduct. Missions and their personnel in New York City. The Secretary of State presents his compliments to Their Excellencies and Messieurs and Mesdames the Chiefs of Mission and has the honor to refer to previous diplomatic notes from the Department of State on the subject of immunity from the jurisdiction of the United States.

Despite cooperative measures among the Department of State, United States law enforcement authorities, and the addressee missions, there continues to exist a relatively small, but unacceptable, number of members of the foreign diplomatic community in the United States who abuse their immunity from criminal jurisdiction under international law.

The Department has taken a number of reaffirming measures, particularly since enactment of the Diplomatic Relations Act of and the Foreign Missions Act of , to ensure that the activities of the foreign diplomatic community and other persons who have immunity from criminal jurisdiction by virtue of their official status as representatives of a foreign government or international organization conform with U.

Nonetheless, the Department of State, sharing the concern of the United States Congress and the public at large, has devised a strengthened, comprehensive program for enforcement of an appropriate system for regulating diplomatic immunities, in a manner that is both effective and consistent with international law.

Under international law and practice persons extended immunity from the jurisdiction of host country laws nonetheless are obligated to respect those laws. As all nations recognize, diplomatic immunity is based upon the principle that duly accredited members of diplomatic missions must be able to pursue their official duties free from harassment and possible intimidation and without impediment to their performance of those duties.

However, immunity is not a license for misconduct. It is in fact a doctrine intended to benefit the functioning of the mission, not to personally benefit its individual members. Consequently, the Government of the United States in the first instance looks to chiefs of diplomatic missions, to their counterparts in missions to international organizations, and to the heads of international organizations headquartered or maintaining offices in the United States to counsel members of their staffs, as well as family members who enjoy derivative immunity, on their duty to respect the laws and regulations of this country.

Ultimately, the United States will hold the Chief of Mission and the sending government responsible for the conduct of persons sent to the United States as diplomatic representatives or of others entitled to immunity. The Department also expects all missions to consider in good faith requests made for waivers of immunity and, in addition, to take appropriate action against those who may abuse their immunity.

The Department of State reiterates that criminal violations will not be tolerated by the United States Government or the community at large. While the Department will continue to take necessary action as required by international law to safeguard and preserve the immunity of persons allegedly involved in criminal behavior, the Department wishes to communicate the corrective measures consistent with international law that are being taken in cases involving serious criminal conduct, in particular crimes of violence, recurrent offenses of a less serious nature, or other egregious abuses of immunity.

The Chiefs of Mission must ensure that the members of their missions and eligible members of their families apply for and receive identity cards issued by the Department of State. Those cards contain not only the official identification of the person but also a statement of the extent of the bearer's immunity.

Only persons properly notified to and accepted by the United States Government can be issued documents stating their immunity, and have their status confirmed through the Office of Protocol of the Department of State. In order to ensure that proper notification is given of termination of mission members upon departure, except for those missions subject to a bilateral ceiling restricting the number of official employees at the mission, henceforth notification of new personnel to be accredited must include either information on which person is being replaced at the mission and the date of termination of the predecessor, or a certification that the new person will occupy a new position.

Until such time as a revised form reflecting these changes in the regulations is available, such information should be included at the bottom of the appropriate notification form. An example is attached. A diplomatic agent possessing proper identification may not be arrested or detained.

It is emphasized, however, that the United States has a duty to protect the safety and welfare of the public, including other diplomats, and to take reasonable steps to prevent the commission of crimes. United States law enforcement authorities therefore have been instructed that, in circumstances where public safety is in imminent danger or it is apparent that a serious crime may otherwise be committed, police authorities may intervene to the extent necessary to halt such activity, even in cases involving diplomatic agents.

This includes the power of the police to defend themselves and others from personal harm. At the same time, law enforcement authorities will also take any necessary action to ensure that a diplomatic agent does not bring harm to himself.

Mission personnel having a lesser degree of immunity, of course, are also subject to these measures, as well as any other measures consistent with their more limited immunity. Persons with immunity from criminal jurisdiction, consistent with international law, are subject to criminal investigation to the same extent as any other person residing in the United States, as may be required.

Chiefs of Mission are requested to instruct members of their missions, and the family members of those members, to cooperate fully with such investigations. United States law enforcement authorities have been instructed to pursue vigorously investigations, to prepare cases carefully and completely, and to document properly each incident of alleged commission of a crime.

These steps are required so that charges against alleged offenders may be pursued as far as possible in the United States judicial system consistent with their immunity. These steps are also necessary to ensure that investigative reports provide sufficient information to initiate diplomatic measures against an alleged offender.