Chicago Police DepartmentSpecial Order S06-14-01
Procedures for Responding to Incidents Involving Foreign Mission Personnel and Foreign Diplomats
Issue Date:28 December 2012Effective Date:28 December 2012
Rescinds:11 April 2002 version
Index Category:Processing Persons
I.Purpose
This directive establishes procedures for responding to service calls at consular posts, minor traffic violations, allegations of Driving Under the Influence (DUI), foreign mission personnel who claim diplomatic immunity, and non-traffic incidents involving members of foreign missions.
II.Department Policy Relative to Foreign Mission Personnel
Foreign mission personnel are official representatives of foreign governments and will be accorded their respective privileges, rights, and immunities as directed by international law and federal statute. The purpose of granting privileges and immunities is to ensure that foreign mission personnel can effectively and efficiently perform their official duties. It is a well-established principle of international law that it is the duty of all persons enjoying such privileges and immunities to respect local laws and regulations.
III.General Information
  • A.Under accepted international law and bilateral agreements, certain foreign mission personnel are not subject to arrest, except in the case of a felony and pursuant to a decision by competent judicial authority (an arrest warrant issued by a judge).
  • B.Foreign Diplomats are granted the highest level of immunity and will not be delayed without the subjects consent, unless temporary detention is required to identify the subject, verify diplomatic status, or protect the individual or another from great bodily harm.
  • C.Consular Officials are granted various levels of immunity depending on the country they represent and generally can only be arrested for a felony offense and only after a judge has issued an arrest warrant. Consular officials will not be delayed without the subjects consent, unless temporary detention is required to identify the subject, verify diplomatic status, or to protect the individual or another from great bodily harm.
  • D.The  US Department of State, Office of Diplomatic Security, Command Center may be contacted twenty-four hours a day if a Department member needs to verify the identity of a member of a foreign mission, their level of immunity, or advice regarding a situation involving such individuals.
IV.Public Law 92-539, for the Protection of Foreign Officials
Whenever a Department member responds to a violation of the law perpetrated against a foreign diplomat, consular officer, other member of a foreign mission, an internationally protected person, or an official guest of the Government of the United States, the member will take appropriate police action and notify the Crime Prevention and Information Center (CPIC). CPIC will, in turn, notify the US Department of State and the Federal Bureau of Investigation.
V.Identification of Persons Entitled to Privileges and Immunities
Most foreign mission personnel in the United States who are granted some degree of immunity will possess:
  • A.a diplomatic passport issued by their respective country with a diplomatic visa entered by the United States Department of State.
  • B.a distinctive license plate and a registration card issued by the US Department of State. These types of license plates are generally coded to correspond with the degree of immunity to which the owner or operator is entitled, as follows:
    • 1."D" - a vehicle belonging to a foreign diplomat or consular officer.
    • 2."S" - a vehicle belonging to a member of the administrative or technical staff of a diplomatic-consular mission.
    • 3."C" - a vehicle belonging to consular personnel.
      NOTE:
      The license plate code will be considered by the Department member as a preliminary indication that the person operating the vehicle may enjoy the degree of immunity indicated by the license code. However, the identity of the vehicle operator must be firmly established in order to verify the degree of immunity granted to the vehicle operator.
    • 4."A" - Issued to Official vehicles of Secretariats of the United Nations and the Organization of American States and personally owned vehicles of staff members with diplomatic status.
  • C.a formal photo-identification card issued by the US Department of State, Protocol Office, that contains:
    • 1.a photograph of the bearer.
    • 2.the name, signature, title, mission, city and state, and date of birth of the bearer and a card-identification number and its expiration date.
    • 3.the US Department of State Seal on the front-side of the card.
    • 4.a brief statement of the bearers level of immunity on the reverse-side of the card.
      NOTE:
      A Department member should be aware that the identity documents of newly arrived, foreign mission personnel might be pending and unissued.
VI.Procedures for Responding to Incidents Involving Foreign Mission Personnel
  • A.Calls for Service at Consular Posts
    • 1.When a Department member responds to a call for service at a consular post, the member will:
      • a.refrain from entering the part of the consular premises where consular work is done, except with the consent of the head of the consular post or an authorized designee.
      • b.presume consent of the head of the consular post to enter the premises in the case of fire or when other exigent circumstances require prompt, emergency action.
    • 2.Consular archives, documents, or official correspondence of the consular post will not be examined.
    • 3.District commanders assigned to districts that include a consular post will ensure measures are taken to prevent Department members from unnecessarily intruding, disturbing, or damaging the premises of consular posts.
  • B.Responding to Minor Traffic Violations Committed by Foreign Mission Personnel
    • 1.When a Department member stops a member of a foreign mission for a traffic violation, the Department member will:
      • a.ensure the driver possesses the proper diplomatic credentials.
      • b.issue a verbal warning or a Personal Service traffic citation.
        NOTE:
        Foreign mission personnel who have diplomatic immunity (generally Foreign Diplomats and Consular Officials) will not be delayed without their consent, except to confirm their identity, verify their immunity status, or protect them or another individual from great bodily harm.
      • c.upon issuance of a Personal Service traffic citation, request the driver sign the citation acknowledging its receipt as outlined in the Department directives entitled "Traffic Violators, Name-Checks and Bonding" and "Bond Procedures." If the driver refuses to sign the citation, the member will write "REFUSED DIPLOMAT" in the signature box of the Personal Service traffic citation.
        NOTE:
        The issuance of a Personal Service traffic citation by itself does not constitute an arrest or the detention of foreign mission personnel.
      • d.when a Personal Service traffic citation is issued, prepare an Information Report (CPD-11.461) and include the following: the name of the driver, a drivers license number, vehicle identifiers, citation numbers, the name and star number of the officer issuing the citation, and a description of the traffic offense committed.
    • 2.The station supervisor will:
      • a.notify the Crime Prevention and Information Center (CPIC)
      • b.review and forward a photocopy of relevant reports that document the offense, including a photocopy of the Personal Service traffic citation, to:
        • (1)CPIC.
        • (2)the Director, Office of News Affairs.
        • (3)the Special Events Unit.
      • c.indicate on the Watch Incident Log that a potential media incident occurred.
  • C.Responding to Traffic Violations Committed by Foreign Mission Personnel Involving Allegations of Driving Under the Influence of Alcohol, Drugs, or a Combination Thereof
    • 1.During an investigation of a traffic accident, or when a Department member stops a member of a foreign mission for a traffic violation, and the member determines that the operator of the vehicle may be driving while under the influence of alcohol, drugs, or a combination thereof (DUI), the Department member will:
      • a.if the Department member initiating the traffic stop is not a Bureau of Patrol supervisor, immediately notify and request that a Bureau of Patrol supervisor respond to the scene of the investigation.
      • b.explain to the driver the reason for the traffic stop.
      • c.ensure that the driver possesses the proper diplomatic credentials.
      • d.if it is apparent that the individual does not have diplomatic immunity, process the suspected DUI driver as outlined in the Department directives entitled "Driving While Under the Influence (DUI) and Zero Tolerance" and "Processing Persons Under Department Control," as outlined in Item VI-C-5.
      • e.under normal circumstances, not handcuff foreign mission personnel. However, members may handcuff members of a foreign mission if the subject poses a danger to the officer or another person, regardless of the individuals level of diplomatic immunity. However, members will immediately remove handcuffs from a member of a foreign mission who has diplomatic immunity once the threat or danger to the officer or another has ceased.
      • f.request the member of a foreign mission who is suspected of driving while under the influence complete sobriety tests, as outlined in the Department directive entitled "Driving While Under the Influence (DUI) and Zero Tolerance."
      • g.secure the drivers vehicle at the scene of the investigation.
        • (1)A vehicle belonging to a member of a foreign mission who has diplomatic immunity will not be searched, towed, or impounded, but may be relocated if the vehicle presents a public safety hazard.
          NOTE:
          If a vehicle belonging to a member of a foreign mission must be towed or searched because it is a public safety hazard, crime scene, and the like, the US Department of State must be contacted for authorization. The name of the person granting approval will be documented in the narrative portion of the appropriate case report.
        • (2)A vehicle belonging to a member of a foreign mission who does not have diplomatic immunity may be towed, relocated, or impounded, as appropriate, but will not be searched without authorization from a representative from the US Department of State. The name of the person granting approval will be documented in the narrative portion of the appropriate case report and Arrest Report, if applicable.
      • h.transport the driver to an appropriate Department facility.
        NOTE:
        Members may transport a member of a foreign mission who has diplomatic immunity to a Department facility to verify their identity and diplomatic status or to arrange transportation for an individual who might otherwise pose a danger to the public.
      • i.immediately contact the  US Department of State, Office of Diplomatic Security, Command Center (available twenty-four hours a day), to determine if the driver is entitled to some level of diplomatic immunity.
      • j.issue a Personal Service traffic citation for the original offense, except if the individual is a Foreign Diplomat or a Consular Official.
        NOTE:
        Members will not issue a Personal Service traffic citation for DUI, or any other misdemeanor traffic offense, to a member of a foreign mission who has diplomatic immunity.
      • k.prepare the appropriate case reports required by the Department directive entitled "Driving While Under the Influence (DUI) and Zero Tolerance."
    • 2.If a Department member is informed by a representative from the US Department of State that the driver has diplomatic immunity and should be released, the member will:
      • a.immediately notify the station supervisor.
      • b.enter the name of the person and the date and time the representative from the US Department of State was contacted in the narrative portion of the Alcohol/Drug Influence Report.
      • c.request the driver sign the Personal Service traffic citation issued for the original traffic violation as outlined in the Department directive entitled "Bond Procedures."
      • d.if the driver refuses to sign the citation, write "REFUSED DIPLOMAT" in the signature box of the Personal Service traffic citation.
      • e.allow the individual access to a Department telephone to arrange for transportation. A Department member may provide transportation with a supervisor's approval.
      • f.if the Department member believes the individual remains under the influence of alcohol, drugs, or a combination thereof at the time of release, confiscate the vehicle keys and release them only to another person designated by the driver.
      • g.not delay the release of the individual while the Department member completes reports.
        NOTE:
        If a member of a foreign mission has diplomatic immunity, Department members will not delay the release of the subject while preparing reports without their consent.
      • h.state in the narrative portion of the Alcohol/Drug Influence Report, "DUI charges against the subject of this Alcohol/Drug Influence Report were not approved due to the subjects diplomatic-immunity status."
      • i.submit all reports to the station supervisor for review and approval.
    • 3.The station supervisor, upon receiving all reports alleging a DUI violation by a member of a foreign mission who has diplomatic immunity, will:
      • a.notify CPIC.
      • b.review all reports and indicate in the narrative portion of the applicable case report that the DUI-related charges were not approved because of the individuals diplomatic-immunity status.
      • c.ensure that proper bonding procedures are followed for the original Personal Service traffic citation.
      • d.ensure that a photocopy of each report is forwarded to:
        • (1)CPIC.
        • (2)the Director, Office of News Affairs.
        • (3)the Special Events Unit.
          NOTE:
          The US Department of State will suspend driving privileges, for no less than one year, of foreign mission personnel based on a Department members reports and observations for a first-time DUI. A second DUI violation by a member of a foreign mission will result in the US Department of State expelling the accused member of the foreign mission from the United States.
      • e.indicate on the Watch Incident Log that a potential media incident occurred.
    • 4.The station supervisor will ensure that all reports are distributed in accordance with the Department directive entitled "Driving While Under the Influence (DUI) and Zero Tolerance."
    • 5.If a Department member is informed by the US Department of State that the suspected DUI driver does not have diplomatic immunity, the Department member will:
    • 6.If a station supervisor is informed by a Department member that the DUI suspect does not have diplomatic immunity, the station supervisor will:
      • a.review the reports prepared by the Department member responding to the alleged DUI offense.
      • b.ensure that the driver is processed according to the Department directive entitled "Processing Persons Under Department Control."
      • c.forward a photocopy of all relevant reports to the Special Events Unit.
  • D.Non-traffic Offenses Involving Foreign Mission Personnel
    • 1.When a Department member detains a member of a foreign mission for non-traffic offenses, the member will:
      • a.if not a Bureau of Patrol supervisor, immediately notify and request a Bureau of Patrol supervisor respond to the scene of the investigation.
      • b.conduct a preliminary investigation of the non-traffic offense and, if appropriate, transport the individual to the members district of assignment or other police facility.
        NOTE:
        Foreign mission personnel may be required to accompany a Department member to a police facility while the investigation of the non-traffic offense is conducted and diplomatic-immunity status is verified. However, foreign mission personnel who have diplomatic immunity will not be delayed any longer than is necessary to confirm their identity, verify their immunity status, or protect them or another individual from great bodily harm.
      • c.notify the station supervisor.
      • d.interview the suspect, obtaining enough personal information to make notification to the US Department of State.
      • e.contact the  US Department of State, Office of Diplomatic Security, Command Center to determine if the person is entitled to diplomatic immunity.
      • f.prepare the appropriate case reports documenting the circumstances of the non-traffic offense.
        NOTE:
        If a felony is alleged against a member of a foreign mission, the Department member will contact the appropriate Bureau of Detectives unit, if required by current Department directives, and the Cook County States Attorney's Office - Felony Review Unit.
    • 2.If the US Department of State informs the Department member that the subject under investigation has diplomatic immunity and requests the Department member release the subject, the Department member will:
      • a.enter the name of the person contacted at the US Department of State and indicate in the narrative portions of the appropriate case report that the State Department requests the release of the subject.
      • b.notify the station supervisor.
      • c.provide the station supervisor with a copy of the reports that document the offense.
        NOTE:
        A Department member will not release the subject without the station supervisor's approval.
    • 3.The station supervisor will:
      • a.notify CPIC.
      • b.review the reports prepared by the Department member.
      • c.after consulting with the Cook County States Attorney's Office, Felony Review Unit, and the appropriate Bureau of Detectives unit, instruct the Department member to release the individual based on their diplomatic-immunity status, if applicable.
      • d.ensure that the narrative portion of the applicable case report indicates that the individual is being released based on their diplomatic-immunity status.
      • e.ensure that a photocopy of each report is mailed to:
        • (1)CPIC.
        • (2)the Director, Office of News Affairs.
        • (3)the Special Events Unit.
          NOTE:
          The appropriate Bureau of Detectives unit will assume responsibility for the follow-up investigation, including, but not limited to, requests for an arrest warrant from the relevant court for the individual possessing diplomatic-immunity status. The US Department of State may be contacted by the follow-up Bureau of Detective unit for assistance in securing a waiver of diplomatic immunity for an alleged offender.
      • f.indicate on the Watch Incident Log that a potential media incident occurred.
    • 4.If the US Department of State notifies the Department member that the subject under investigation does not have diplomatic immunity, the member will:
      • a.notify the station supervisor.
      • b.enter the name of the person contacted at the US Department of State in the narrative portion of the appropriate case report and Arrest Report, if applicable.
      • c.process the subject as outlined in the Department directive entitled "Processing Persons Under Department Control."
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
00-153 VPT(PMD) / 12-003 JAB
PHONE BOOK:
1.
U.S. Department of State, Office of Diplomatic Security, Command Center
1-202-647-7277
2.
U.S. Department of State, Office of Diplomatic Security, Command Center
1-202-647-7277
3.
U.S. Department of State, Office of Diplomatic Security, Command Center
1-202-647-7277