Diplomats and international organizations
All information on the right of residence of diplomats and members of international organizations in Germany
Here you learn ...
... when diplomatic immunity applies and what exceptions there are
... what residence rights family members of diplomats have
... how the stay of employees of international organizations is regulated
... which rules apply to UN employees in Germany
Author
lawyer
Reading Time
9 minutes
Release Date
February 3, 2025
Table of Content
1. What is a diplomat?
1.1 Diplomatic status
1.2 Protocol ID for diplomats
1.3 Diplomatic passport Germany
2. Residence rights of diplomats and consulates (Vienna Convention)
2.1 Family members of diplomats
2.2 Part-time work of diplomats
2.3 Settlement and naturalization of diplomats in Germany
3. Diplomatic immunity
3.1 Immunity of diplomats
3.2 Immunity of career consular officers
4. Right of Residence International Organizations (Host State Law)
4.1 Protocol and special passes for staff of international organizations
4.2 Accreditation of international organizations
4.3 Residence rights of staff of international organisations
5. Diplomatic and envoy personnel
6. FAQ Diplomats and international organizations
1. What is a diplomat?
1.1 Diplomatic status
Diplomats and representatives of international organizations (e.g. the United Nations (UN)) enjoy special privileges and immunities in Germany. These are based on international law, in particular the Vienna Convention on Diplomatic Relations (VCDR) and the Vienna Convention on Consular Relations (VCCR) , as well as bilateral agreements between Germany and other states. A diplomat is an officially appointed representative of a state who works abroad to maintain diplomatic relations and represent the interests of his or her home country (e.g. ambassadors and envoys). Diplomats usually work in diplomatic missions such as embassies or consulates and enjoy certain immunities.
1.2 Protocol ID for diplomats
Diplomats who are officially accredited in Germany are listed on a diplomatic list by the Federal Foreign Office. They receive a diplomatic protocol card as proof of their status. This protocol card grants them special rights, including tax exemptions, exemption from certain legal obligations and protection from criminal prosecution in the host country. In addition, diplomats have the right to a diplomatic license plate, which is issued for vehicles of diplomatic missions.
1.3 Diplomatic passport Germany
A diplomatic passport is a special passport for diplomats that grants special privileges and diplomatic immunity. This passport is issued exclusively to diplomatic representatives, consular officials and certain members of the government. To obtain a diplomatic passport in Germany, applicants must be accredited by the Federal Foreign Office or a diplomatic mission. It is issued by the Federal Ministry of the Interior and is subject to strict requirements. The Federal Government provides detailed information on the issuance of the diplomatic passport on the administrative portal .
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2. Residence rights of diplomats and consulates (Vienna Convention)
2.1 Family members of diplomats
The family members of a diplomat enjoy special privileges and exemptions under the Vienna Convention on Diplomatic Relations (VCDR). These family members include spouses and children , provided they are unmarried and financially dependent on the diplomat. This status generally ends when the children turn 25 (see p. 10 of the Federal Foreign Office circular dated September 15, 2015 – 503-90-507.00 ). Other family members such as parents or parents-in-law generally do not receive diplomatic privileges unless special permission is granted. Family members of diplomats must be notified in Germany in order to be able to claim their status and exemptions. The basis for these regulations is the Vienna Convention on Diplomatic Relations (PDF) , which regulates the immunities of diplomats and their family members uniformly worldwide.
2.2 Part-time work of diplomats
Diplomats in Germany are subject to strict regulations regarding gainful employment outside of their diplomatic function. According to Article 42 of the VCDR, diplomats are prohibited from pursuing a commercial or professional activity for personal profit . This means:
Diplomats are generally not permitted to engage in professional activities aimed at earning their own income.
Commercial activities such as selling goods or actively running a business may result in the loss of diplomatic privileges.
Scientific, literary or artistic activities may be permitted in certain cases, provided they do not aim at making a regular profit.
Capital investments or occasional online sales are generally unproblematic as long as they do not take on a commercial character.
The strict rules prohibiting secondary employment are based on the need to ensure a clear separation between diplomatic functions and economic interests. The Vienna Convention on Consular Relations (PDF) regulates similar principles for consular officials.
2.3 Settlement and naturalization of diplomats in Germany
Many diplomats in Germany wonder whether they can stay in Germany after their mission has ended. Once the diplomatic mission has ended, the diplomat’s special status also ends. In Germany, diplomats must leave the country within three months of the end of their assignment (see p. 11 of the Federal Foreign Office circular dated September 15, 2015 – 503-90-507.00 ). Former diplomats in Germany are generally not able to apply for a settlement permit or naturalization. According to Section 9, Paragraph 2, Sentence 1, No. 1 of the Residence Act (AufenthG) and Section 10, Paragraph 1, Sentence 1, No. 2 of the Nationality Act (StAG), a settlement permit or naturalization requires a residence permit of at least five years “with a residence permit.” Since diplomats do not have a residence permit but rather a diplomatic status, they cannot meet the requirement of holding a residence title or a residence permit. A residence title is also required for a permanent EU residence permit ( Section 9a, Paragraph 2, Sentence 1, No. 1 of the Residence Act ), which diplomats do not hold. However, diplomats can trigger the fictitious effect with a timely application and receive a fictitious certificate in accordance with Section 81, Paragraph 3 of the Residence Act , since they are or were exempt from the requirement of a residence title in accordance with Section 39, No. 2 of the Residence Ordinance .
3. Diplomatic immunity
3.1 Immunity of diplomats
Diplomats in Germany are generally exempt from criminal jurisdiction . This means no prosecution, no fines, no court hearings - regardless of whether the diplomat is acting privately or professionally. They are also generally protected in civil and administrative law, as the German Courts Constitution Act (GVG) does not apply to diplomats in Germany ( Section 18 GVG ). Anyone who wants to prosecute a diplomat must therefore generally turn to the courts in the diplomat's home country. An exception applies if the diplomat himself sues. In this case, a counterclaim can be filed.
In addition to the judicial immunity of diplomats in Germany, diplomatic inviolability also applies to the diplomat's home, the duty to testify as a witness and taxes. In addition, diplomats may not be arrested or searched and even at the airport, a diplomat's luggage may not be searched. Exceptions to diplomatic immunity apply, however, if there could be a concrete danger to the public.
3.2 Immunity of career consular officers
Consular officials also enjoy a special official immunity that protects them from legal prosecution - but only within the scope of their official duties (see Art. 41 VCCR ). This means that actions that are directly related to their consular activities are protected. This immunity extends not only to the actual official act, but also to closely related processes, such as the journey to the consulate. However, outside of these official activities, consular officials do not enjoy comprehensive protection. Unlike diplomats, consular officials are therefore subject to criminal prosecution in certain situations. Although their personal freedom may not be restricted in principle, there are two major exceptions:
In case of serious crimes: If a consular officer is accused of a serious crime and a court decision is made to detain him, he may be arrested.
When enforcing final judgments: If a judgment has already been made and is final, a corresponding punitive measure can be carried out.
In such cases, the responsible consular representation must be informed immediately ( Article 42 of the Violent Crimes Convention ). If the head of the consulate is himself affected, the Federal Foreign Office will be contacted.
4. Right of Residence International Organizations (Host State Law)
4.1 Protocol and special passes for staff of international organizations
International organizations and their employees (e.g. members of UN organizations) must be strictly separated from diplomatic status. The rights and obligations of international organizations such as the United Nations are not regulated by the VCLT or the VCLT, but by the so-called Host State Act (GastStG) . Employees of international organizations who enter Germany to take up employment (and their family members) generally require a so-called diplomatic visa for their first entry if visa-free entry is not possible due to their nationality (e.g. USA). Embassies often provide special application forms for applying for a diplomatic visa (see e.g. Applying for a diplomatic visa in Addis Ababa ). However, these diplomatic visas are not residence permits within the meaning of the Residence Act and do not have to be converted into a residence permit in Germany. Instead, holders of diplomatic visas must apply for protocol or special passes from the Federal Foreign Office.
4.2 Accreditation of international organizations
In order to receive a protocol or special pass as an employee of an international organization, this international organization must be accredited in Germany . This is generally always the case with the United Nations/United Nations organizations. The Federal Foreign Office provides a list of accredited international organizations in Germany on its website. The most important accredited international organizations in Germany include the following:
World Health Organization (WHO), Berlin
Organisation for Economic Cooperation and Development (OECD), Berlin
International Labour Organization (ILO), Berlin
International Organization for Migration (IOM), Berlin
United Nations World Food Programme, Berlin
World Bank, Berlin
UNICEF, Berlin
Asian Development Bank (AEB), Frankfurt/Main
International Tribunal for the Law of the Sea (ITLOS), Hamburg
UNHCR, Nuremberg
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4.3 Residence rights of staff of international organisations
The extent of the privileges granted to employees of international organizations, their family members and experts working on behalf of these organizations is determined by the relevant international agreements and the national regulations based on them. These provisions vary depending on the function and field of activity of the respective organization. A complete list of the privileges and exceptions relevant in this context cannot be given here. In cases of doubt (e.g. regarding work permits for family members), the relevant department of the Federal Foreign Office must be contacted. This department not only provides information on the rights of employees of international organizations, but also issues formal letters of confirmation of these rights upon request. The Department 703 (Support of diplomatic and professional consular missions: personnel status issues, visas, protocol passes, exequatures) in the Federal Foreign Office is responsible for such inquiries.
5. Diplomatic and envoy personnel
Diplomats' official domestic staff, such as drivers, messengers, gardeners, cooks or night watchmen, also enjoy certain legal privileges. These include exemption from jurisdiction, but only within the scope of their official duties . Private activities are not covered by this. While business-related transport falls under this regulation, this does not apply to private journeys or other non-official activities. Official domestic staff are also exempt from income tax on their remuneration and are not subject to social security obligations if they have insurance in their country of origin or a third country.
In contrast to diplomatic staff and their official domestic staff, however, local staff are subject to general employment and residence regulations. They are recruited directly from the local labor market and do not enjoy any special diplomatic rights. According to the protocol guidelines of the Federal Foreign Office, it is no longer permitted to recruit local staff from abroad unless they already have an independent residence permit.
6. FAQ Diplomats and international organizations
What is the difference between a diplomat and a consul?
Diplomats represent their country at the highest political level and enjoy comprehensive immunity. Consuls have no diplomatic function, but are responsible for administrative, economic and civic-related tasks. They enjoy only limited legal privileges.
How can you become a diplomat in Germany?
Diplomatic training in Germany is primarily provided by the Federal Foreign Office. Applicants undergo a demanding selection process and several years of training in order to be accepted into the diplomatic service. The training includes, among other things, international law, international relations, language courses and intercultural skills.
What to do in case of abuse in the household of diplomats?
Diplomatic privileges are repeatedly abused when members of diplomatic missions invoke their immunity after the abuse of domestic workers from their home countries (see, for example , the LTO article “The cleaning lady and the accountant as limits of immunity” and the written inquiry in the German Bundestag on the allegation of exploitation of a domestic worker by a German diplomat ). Those affected can contact the helpline ban-ying.de in Berlin. The helpline can be reached at 030∙440 63 73 or info@ban-ying.de .
