Diplomatic & Consular Immunity

The phrases “diplomatic immunity” and “consular immunity” refer to the doctrine that protects foreign envoys from prosecution under local law.  While many firms claim vast international law experience, diplomatic and consular law is a very specific niche involving the intersection of various multilateral treaties, bilateral agreements, domestic statutes, case law, federal administrative law, and several hundred years’ worth of custom and practice.  

Diplomatic and consular law sets forth the special rules under which these thousands of foreign envoys operate while they are physically present in the United States.  New York City is home to the United Nations with over six thousand employees working in the vicinity of East Midtown.  Over 181 member states have political offices in New York (known as “permanent missions”) tasked with performing business with the UN. More than 100 foreign governments have consulates in New York as well to address the needs of travelers and expatriates.  There are an additional 177 embassies in Washington, DC, representing the country-to-country interests of nearly every state on the planet.

At Wayner ADR, you will find informed expertise on the complex ins-and-outs of diplomatic and consular law.  A few examples of such work includes:

Commercial Disputes. Running a foreign government post in the U.S. poses unique operational and business challenges. Whether it is a local tax question, a contractual matter, or a procurement dispute, having an advisor experienced in diplomatic and consular law is essential to your success. 

Employment Compliance.  We offer training to missions and consulates on local employment law to explain the mechanics of diplomatic and consular immunity vis-à-vis its application by federal, state, and municipal authorities.

Real Estate Leasing. We advise both government personnel and landlords on residential and commercial leasing, on the practical impact of inviolability rules, and on resolving real estate disputes when traditional litigation is not an option.

Criminal Arrest and Detention.  Diplomatic and consular personnel (along with their family and dependents) enjoy varying degrees of immunity depending on many factors.  In a time of crisis, you will want an expert who understands the nuances of local law enforcement, governing U.S. federal law, alongside the relevant international treaties.

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