Diplomatic Agent-Level Immunity

The Vienna Convention on Diplomatic Relations defines "diplomatic agent" and the level of immunity enjoyed by a diplomatic agent. However, because some other individuals who are not themselves "diplomatic agents" as defined in the VCDR also enjoy what is known as "diplomatic agent-level immunity," the Department of State is promulgating this regulation to clearly and correctly define which foreign persons enjoy diplomatic agent-level immunity within the United States and clarify that the determination of who enjoys diplomatic agent-level immunity and lesser status-based immunity, which is both legal and factual in nature, is made by the Department of State.