AMBASSADORS AND CONSULS

AMBASSADORS AND CONSULS

An ambassador is the foreign diplomatic represen-
tative of a nation who is authorized to handle
political negotiations between his or her country
and the country where the ambassador has been
assigned. A consul is the commercial agent of a
nation, who is empowered only to engage in busi-
ness transactions, and not political matters in the
country where he or she is stationed.
The president with the consent of the Senate
appoints ambassadors and consuls whereas the
SECRETARY OF STATE appoints staff officers and
other subordinate employees.

Powers and Duties

The powers of an ambassador are specified
in his or her credentials, or documents of intro-
duction, which the ambassador submits to the
foreign government. In addition to responsibil-
ity for political negotiations, an American
ambassador may initiate legal proceedings on
behalf of the United States and defend suits
instituted against it.A foreign ambassador in the
United States has similar duties regarding his or
her government.

In general, a consul is authorized to safe-
guard the legal rights and property interests of
the citizens of his or her country and to appear
in court to ascertain that the laws of the nation
where he or she is assigned are administered
impartially to all of the ambassador’s compatri-
ots. A U.S. citizen who has legal difficulties in a
foreign country should consult the United States
consul.

Consuls are also empowered and obligated
to protect the estates of their countrymen and
-women who die within their consular districts.
This duty terminates when the decedent’s heirs
are represented by an attorney.

Diplomatic Immunity

The development of harmonious interna-
tional relations and protection against arrest,
harassment, or other unjustified actions taken
against diplomatic representatives constitute the
objectives of DIPLOMATIC IMMUNITY.The
Vienna Convention on Diplomatic Relations,
which became effective as part of the federal law
in 1972, governs diplomatic immunity by grant-
ing various degrees of immunity from civil and
criminal liability to the members of diplomatic
missions.

Diplomatic Agents

The supervisor of a
mission, such as an ambassador, and members
of the mission staff who possess diplomatic rank
are DIPLOMATIC AGENTS. Such an agent is
immune from criminal liability in the nation in
which he or she serves, but the commission of a
crime may result in a recall request to the
ambassador’s country. His or her expulsion may
ensue upon the refusal of any such request.
In addition, a diplomatic agent is immune
from civil lawsuits, except for actions involving
estates, when he or she is the executor, adminis-
trator, or beneficiary; actions concerning real
property held by the diplomatic agent for per-
sonal, not official functions; and actions relating
to professional or business activities that are
beyond the scope of diplomatic duties. A diplo-
matic agent is not required to testify as a witness;
and the family members living in the agent’s
household enjoy the same immunities.
Due to the hardship imposed on the victims
of motor vehicle accidents in the United States
caused by foreign diplomats who have diplo-
matic immunity, federal law mandates that mis-
sion members and their families insure their
personal motor vehicles, boats, and airplanes. If
the mission has similar vehicles registered in its
name, it also must purchase liability insurance.
An action for damages for property loss, per-
sonal injuries, or WRONGFUL DEATH can be
maintained directly against the diplomat’s
insurance company and is tried by the court,
presiding without a jury.

Staff Members

The administrative and
technical staffs and families and household
members of the mission are completely immune
from criminal liability, but are immune from
civil liability only for official acts. Similar rules
apply to members of the service staff employed
as domestics, but their families and private ser-
vants employed by staff members are not so pro-
tected against liability.

Consuls

Consuls are not diplomatic agents
and, therefore, they are usually amenable to civil
lawsuits and criminal prosecution in the country where they are assigned. Federal law, how-
ever, extends immunity to consuls from all suits
and proceedings in state courts. This prevents
any embarrassment to foreign nations that
might ensue from such proceedings.

Other Exemptions

Diplomatic agents in
the United States and the members of their
households are generally exempt from federal,
state, and municipal taxes. They are responsible,
however, for indirect taxes that are part of the
price of goods, taxes on property inherited from
a citizen, taxes on any real property they own
privately, or capital gains taxes on profits from
personal investments. Diplomatic agents have
no obligation to serve in the U.S. armed forces.
These exemptions also apply to the administra-
tive and technical staffs of the mission and their
families. The service staff and private servants
are exempt from taxes on wages received from
their employment with the mission or its members.

FURTHER READINGS
Keeley, Robert V., ed. 2000. First Line of Defense: Ambassadors,
Embassies, and American Interests Abroad.Washington,
D.C.: American Academy of Diplomacy.

Lehman, Daniel J. 2002. “The Individual Right to Consular
Access.” Law & Inequality: A Journal of Theory and Practice
20 (summer): 313–40.

Pittman, Andrew B. 2001. “Ambassadorial Waiver of Foreign
State Sovereign Immunity to Domestic Adjudication in
United States Courts.” Washington and Lee Law Review
58 (spring): 645–88.

CROSS-REFERENCES
Diplomatic Agents; Diplomatic Immunity; International
Law; State Department.