1 Foreign government personnel and agencies in Norway

The status of foreign government agencies and personnel, consular officers and representatives of international organisations in Norway is governed by the provisions of the Vienna Convention on Diplomatic Relations (1961), the Vienna Convention on Consular Relations (1963) and bilateral agreements.

1.1 Diplomatic agents

A diplomatic agent is the head of mission or a member of the diplomatic staff of the mission. Diplomatic agents should in principle be of the nationality of the sending State, in accordance with Article 8 of the Vienna Convention on Diplomatic Relations.

The Ministry of Foreign Affairs also expects a diplomatic agent to be in possession of a valid diplomatic passport, to hold a recognised diplomatic rank, and to perform diplomatic functions on a full-time basis.

The holders of the following ranks are considered to be members of the diplomatic staff as defined in Article 1(d) of the Vienna Convention on Diplomatic Relations: Ambassador (Extraordinary and Plenipotentiary), Apostolic Nuncio, Minister Plenipotentiary, Minister, Minister Counsellor, Counsellor, First Counsellor, Second Counsellor, First Secretary, Second Secretary, Third Secretary, and Attaché. Variations on these titles are accepted, for example “Defence Attaché” (or “Military”, “Naval”, or “Air Attaché”), and “Commercial Counsellor”.

A member of the staff of the mission who does not hold one of the diplomatic ranks listed above will be classified as a member of the administrative and technical staff of the mission.

1.2 Members of the administrative and technical staff of the mission

The Ministry of Foreign Affairs expects members of the administrative and technical staff of the mission to perform full-time duties with the diplomatic mission and to be in possession of an official (service) passport issued by the sending State.

1.3 Members of the service staff of the mission

Article 1(g) of the Vienna Convention on Diplomatic Relations defines members of the service staff as those who are in the domestic service of the mission. Immunity in respect of acts performed in the course of their duties extends only to members of the service staff of the mission who are not Norwegian nationals or permanently resident in Norway.

Family members of members of the service staff of the mission are not covered by the provisions of the Vienna Conventions.

1.4 Private servants

Members of the staff of the mission who employ private servants have employer responsibility for them. Pursuant to Article 37, paragraph 4, of the Vienna Convention on Diplomatic Relations, private servants do not in general enjoy privileges and immunities.

Family members of private servants are not covered by the provisions of the Vienna Conventions.

1.5 Diplomatic immunity

The term “diplomatic immunity” covers both inviolability and immunity from jurisdiction. Inviolability means that the Norwegian government may not take any coercive measures such as the arrest or remand in custody of individuals (Article 29 of the Vienna Convention on Diplomatic Relations), forced access to or seizure of buildings (Article 30), or seizure of goods and property. Norwegian courts are not competent to try cases where the defendant enjoys immunity under Article 31 of the Vienna Convention on Diplomatic Relations.

1.6 Inviolability

Under the Vienna Convention on Diplomatic Relations, the following are inviolable:

- A mission’s premises and its means of transport (Article 22).

- A mission’s archives and documents (Article 24).

- A mission’s official correspondence, the diplomatic bag and the diplomatic courier (Article 27).

- Diplomatic agents (Article 29), members of the administrative and technical staff of missions and members of their families forming part of their households (Article 37, paragraph 1, and Article 37, paragraph 2).

- The private residences of diplomatic agents (Article 30) and members of the administrative and technical staff of missions (Article 37, paragraph 2) as well as their papers, correspondence and property (Article 30, paragraph 2). Property is only inviolable when used by persons enjoying privileges and immunities.

- Diplomatic agents and members of his or her family who pass through Norway, provided they are travelling to or returning from a post (Article 40).

1.7 Persons enjoying diplomatic immunity

According to the Vienna Convention on Diplomatic Relations, the following enjoy diplomatic immunity:

- Diplomatic agents (Article 31) and members of their families forming part of their households (Article 37, paragraph 1).

- Members of the administrative and technical staff of the mission and members of their families forming part of their households (Article 37, paragraph 2).

- Members of the service staff of the mission, when performing acts in the course of their duties (Article 37, paragraph 3).

1.8 Inviolability and immunity under the Vienna Convention on Consular Relations

Consular officers should, in principle, have the nationality of the sending State. The holders of the following ranks are considered to be career consular officers: Consul General, Consul, and Vice-Consul.

Under the provisions of the Vienna Convention on Consular Relations the following are inviolable:

- The consular premises (Article 27, Article 31).

- The consular post’s archives and documents (Article 33).

- The consular post’s official correspondence (Article 35, paragraph 2).

- The consular courier (Article 35, paragraph 5).

- Consular officers, with certain limitations (Article 41).

1.9 Family members

Family members forming part of the household of a member of a mission or a consular officer enjoy the same privileges and immunities as the member of the mission or the consular officer. The privileges and immunities of family members forming part of the household are in general considered to be derivative. However, the Vienna Conventions do not provide any definition of the term “family”, and the definition of this term varies from one country to another. It is generally agreed that receiving States may formulate a reasonable definition in order to specify who may enjoy the privileges and immunities of this category of persons.

As a general rule, the Ministry of Foreign Affairs defines the term “family”, for the purposes of the Vienna Conventions, as including:

- a spouse; or

- a cohabitant/partner, on condition that this status is legally recognised by the sending State, and

- unmarried children under 21 years of age who are not members of some other household and who reside exclusively in the household of the parent in question.

Children between the ages of 21 and 23 will continue to enjoy privileges and immunities on condition that they are attending an accredited institution of higher learning (e.g. university) on a full-time basis in Norway. In such cases, proof of enrolment must be presented to the Ministry of Foreign Affairs together with the request for the issuance or renewal of the child’s ID card, cf. Chapter 4.