DOS Update (28 Aug 2024): DOS regulation clarifies and defines “diplomatic-agent” level immunity in the United States

Effective as of August 28, 2024, the U.S. Department of State has published a regulation that provides guidance on diplomatic immunity pursuant to the Vienna Convention on Diplomatic Relations. “[T]he U.S. Department of State is uniquely positioned as the sole United States government agency that accepts the accreditation of foreign diplomats, and is authorized to determine and certify the diplomatic status of a foreign individual and the immunity enjoyed by that individual.” “This regulation defines who enjoys diplomatic agent-level immunity and clarifies the comprehensive scope of diplomatic agents' immunity for the non-exclusive purpose of facilitating judicial and administrative proceedings in the United States. The regulation also clarifies that the determination of who enjoys diplomatic agent-level immunity and lesser status-based immunity is one that requires application of law to facts and is made by the Department of State.” … “It [the regulation] is meant to discourage reliance on outdated or incomplete documentation of diplomatic status or assertions by persons other than Department of State officials that may lead to inaccurate understandings of who enjoys immunity and the scope of that immunity, and to direct interested parties to instead consult with the Department of State for such information.” Learn more about the Rule on the Federal Register notice here. Read more about navigating diplomatic immunity in international family law cases in the American Academy of Matrimonial Lawyers Journal here.