One could not likely drive a day around the Washington D.C., Northern Virginia, Maryland area without seeing multiple Diplomat license plates. Retail store employees in the region are accustomed to engaging with Diplomats as many are exempted from paying taxes on purchases. Federal and local law enforcement officers are strictly briefed on how to deal with cases involving foreign government officials as it is fairly common, especially in large city regions. There are currently over 100,000 foreign mission personnel in the United States who have some form of Diplomatic status. What took place in May, 2017 with the Turkish President’s security team who engaged in a physical altercation with protestors in a public space in Washington D.C. raised a lot of questions in private security circles about criminal liability in dealing with Diplomats. That said, we should recognize the extreme importance of how we deal with foreign personnel with Diplomatic status not only to protect ourselves and our clients from liability but, more importantly, realize the greater potential problem the mishandling of these personnel could create for our sensitive relationships with foreign governments which can turn into an embarrassing set of circumstances for a protected client. If that were to be the case, we have failed at our job in protecting our clients from one of four key factors; assassination, kidnapping, injury, and embarrassment.

It is fairly unforeseeable for Executive Protection professionals to encounter a situation where they would engage directly with a person with Diplomatic status as a threat but depending on the security profile utilized, the potential is there. I’ve personally encountered several people with Diplomatic status while on the job; two encounters where they were a potential physical threat, once an immediate deadly threat, which thankfully turned out well for all who were involved. As industry professionals, you may find yourself protecting Diplomat family members, or protecting a high net-worth executive who regularly engages with foreign officials.

There is a common misconception that people with Diplomatic status are totally exempt from criminal or civil jurisdiction where they are free to do as they wish, no matter the crime. This is not true. Different levels of immunity are granted to different ranks of personnel. A Diplomat who deals directly with government officials (Ambassadors) will hold the highest level of immunity privileges whereas support, administrative and technical staff of foreign mission organizations will have varying levels of immunity privileges depending on their work profile. In all cases, the U.S. Department of State will address cases of misconduct appropriately. If a person with immunity is believed to have committed a serious crime and the sending country has not granted an immunity waiver, the person with immunity will be required to depart from the United States. We’ve seen this happen recently in 2014 when a Diplomat from India was indicted for felony fraud in New York when she was granted immunity and sent back to India. But not after creating serious issues within our diplomatic relationship with the Indian government.

Ultimately, as security professionals, whether you’re working as a uniformed Officer, or an Executive Protection Agent, you should be aware of any threats, even if it comes from someone you believe to have immunity as a Diplomat. If it is a circumstance where public safety, yourself, or your client is in imminent danger, standard rules for your job profile apply up until you’ve reached a point where there is no longer a threat. Whether that means you’ve evacuated your protected client, or you’ve engaged the threat as an Officer tasked with protecting public safety. Once the threatening activity has halted, so should your aggressive posture.

All of the fact points mentioned come directly from the U.S. Department of State, Office of Foreign Mission, in a maintained guide book titled “Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities,” downloadable from the State Department website. Included are charts and graphics that explain Diplomat Identification cards, license plates, and exemption cards to help us understand how to distinguish persons with immunity. It is a valuable tool for any law enforcement or security professionals.

As much as possible, without exposing yourself or your clients to liability, differ to the U.S. Department of State, or local law enforcement who will in turn do the same. Document as much as possible and articulate a complete fact pattern in a report so that federal authorities can best handle the issue while keeping in mind that the mishandling of Diplomats here in the U.S. can lead to the mishandling of U.S. Diplomats abroad. The State Department website maintains contact numbers including a 24-hour command center number to verify the immunity status of Diplomatic and Consular personnel or U.N. personnel. You will also find a phone number on the back of a Diplomat ID card for the U.S. Department of State.