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Diplomats & International Organizations
All information on the right of residence of diplomats and members of international organizations in Germany.
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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
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 for International Organizations (Host State Act)
4.1 Protocol/special passes for employees of international organizations
4.2 Accreditation of international organizations
4.3 Residence rights of staff of international organizations
5. Diplomatic and envoy staff
6. FAQ Diplomats and international organizations
7. Conclusion
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 their home country (e.g., ambassadors and envoys). Diplomats typically work in diplomatic missions such as embassies or consulates and enjoy certain immunities.
1.2 Protocol ID for diplomats
Diplomats officially accredited to 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. Diplomats are also entitled 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 government officials. 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. Detailed information on issuing diplomatic passports is available from the Federal Government on its administrative portal .
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 immunities 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 page 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, are generally not granted diplomatic privileges unless special permission has been granted. Family members of diplomats must be notified in Germany in order to benefit from their status and immunities. The basis for these regulations is the Vienna Convention on Diplomatic Relations (PDF) , which regulates the immunities of diplomats and their family members worldwide.
2.2 Part-time work of diplomats
Diplomats in Germany are subject to strict regulations regarding 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 gain . This means:
Diplomats are generally not permitted to engage in professional activities that are geared to earning their own income.
Commercial activities such as selling goods or actively running a business may result in the withdrawal of diplomatic privileges.
Scientific, literary or artistic activities may be permitted in certain cases, provided they do not aim to make 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 regulations 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 officers.
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 their assignment expiring (see page 11 of the Federal Foreign Office circular dated September 15, 2015 - 503-90-507.00 ). Former diplomats are generally not able to apply for a settlement permit or naturalization in Germany. 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 residence permit of at least five years "with a residence permit" is required for a settlement permit or naturalization. Since diplomats do not have a residence permit but rather a diplomatic status, they cannot meet the requirement of holding a residence title or residence permit. A residence permit for permanent residence in the EU also requires a residence permit ( Section 9a, Paragraph 2, Sentence 1, No. 1 of the Residence Act ), which diplomats do not hold. However, diplomats can trigger the fictional effect with a timely application and receive a fictional certificate in accordance with Section 81, Paragraph 3 of the Residence Act , since they are or were exempt from the requirement for a residence title under 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, and no court proceedings – regardless of whether the diplomat is acting privately or professionally. They are also generally protected under civil and administrative law, as the German Court Constitution Act (GVG) does not apply to diplomats in Germany ( Section 18 GVG ). Therefore, anyone wishing to prosecute a diplomat must generally turn to the courts in the diplomat's home country. An exception applies if the diplomat brings legal action himself. In this case, a counterclaim may be filed.
In addition to the judicial immunity of diplomats in Germany, diplomatic inviolability also applies to the diplomat's residence, the duty to testify as a witness, and taxes. Furthermore, diplomats may not be arrested or searched, and even at the airport, their luggage may not be searched. Exceptions to diplomatic immunity apply, however, if there is a potential threat to the public.
3.2 Immunity of career consular officers
Consular officials also enjoy special official immunity, which protects them from legal prosecution – but only within the scope of their official duties (see Article 41 of the VCCR ). This means that actions directly related to their consular duties are protected. This immunity extends not only to the actual official act, but also to closely related processes, such as travel to the consulate. However, outside of these official duties, consular officials do not enjoy comprehensive protection. Unlike diplomats, consular officials are therefore subject to criminal prosecution in certain situations. While their personal freedom may not be restricted in principle, there are two key exceptions:
In case of serious crimes: If a consular officer is accused of a serious crime and a court order for detention is made, he or she 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 VCCR ). If the head of the consular post is affected, the Federal Foreign Office will be contacted.
4. Right of Residence for International Organizations (Host State Act)
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 VCDR or the VCKL, 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, for example, Applying for a diplomatic visa in Addis Ababa ). However, these diplomatic visas are not residence titles 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
To obtain a protocol or special pass as an official of an international organization, the organization must be accredited in Germany . This is generally always the case for 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 Co-operation 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
4.3 Residence rights of staff of international organizations
The scope of privileges granted to employees of international organizations, their family members, and experts working on behalf of these organizations is determined by the relevant international conventions and the national regulations based on them. These provisions vary depending on the function and area of activity of the respective organization. A complete list of the relevant privileges and exceptions cannot be provided 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 responsible department for such inquiries at the Federal Foreign Office is Division 703 (Support for diplomatic and career consular missions: personnel status issues, visas, protocol passes, exequatures).
5. Diplomatic and envoy staff
Official domestic staff of diplomats, such as drivers, messengers, gardeners, cooks, or night watchmen, also enjoy certain legal privileges. These include exemption from legal process, but only within the scope of their official duties . Private activities are not covered by this regulation. While business-related transport, for example, falls under this regulation, it does not apply to private journeys or other non-official activities. Official domestic staff are also exempt from income tax on their remuneration, and there are no social security obligations if they have social security coverage in their country of origin or a third country.
However, unlike diplomatic personnel and their official domestic staff, 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 privileges. According to the Federal Foreign Office's protocol guidelines, 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 affairs. They enjoy only limited legal privileges.
How can one become a diplomat in Germany?
Diplomatic training in Germany is primarily provided by the Federal Foreign Office. Applicants undergo a rigorous selection process and several years of training before being 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, with members of diplomatic missions invoking 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 regarding 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 +49 30 440 63 73 or info@ban-ying.de .
7. Conclusion
Diplomats and employees of international organizations in Germany are subject to a special residency status under international law, which includes extensive privileges and immunities. These are based on the Vienna Convention on Diplomatic Relations (VCDR), the Vienna Convention on Consular Relations (VCCR), and the Host State Act (GastStG). Diplomats are exempt from prosecution, enjoy comprehensive inviolability, and receive special identification documents. Their family members also benefit from special regulations, but only as long as they are financially dependent on the diplomat.
Special regulations apply to employees of international organizations such as the UN, WHO, or IOM. They generally require a diplomatic visa, which is not converted into a residence permit but is supplemented by protocol or special identity cards issued by the Federal Foreign Office. However, there are restrictions on settling in Germany or naturalizing after the end of diplomatic activity – since no residence permit within the meaning of the Residence Act is available, these options are excluded.
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List of Sources (Paywall)
[1] Circular Federal Foreign Office (AA), On the treatment of diplomats and other privileged persons in the Federal Republic of Germany, Circular dated 15 September 2015 – 503-90-507.00 –