2. Categories of staff members at diplomatic missions and consular posts and their privileges and immunities

Under the Act on Immunities and Privileges in Certain Cases, diplomatic missions, their staff and their staff's family members who form part of the household enjoy privileges and immunities in accordance with the Vienna Convention on Diplomatic Relations. 

Staff members at consular posts enjoy privileges and immunities in accordance with the Vienna Convention on Consular Relations. 

Diplomatic agents

A diplomatic agent is the head of a mission or a member of a diplomatic mission's staff. As a rule, diplomatic agents should be of the nationality of the sending State.

Diplomatic agents are expected to:

• be in possession of a valid diplomatic passport,
• hold a recognised diplomatic rank,
• perform diplomatic functions on a full-time basis and,
• be on normal rotation

Diplomatic agents and dependent family members forming part of their households enjoy diplomatic immunity (Article 31 and article 37, paragraph (1) of the Vienna Convention on Diplomatic Relations).

Administrative and technical staff

Members of the administrative and technical staff of a mission are expected to perform their duties at the mission on a full-time basis and to be in possession of an official (diplomatic or service) passport issued by the sending State. As a rule, they should be nationals of the sending State. For this category, a time limit of eight years as posted staff at the mission applies. If a staff member is reassigned to a role in a different category, the total consecutive length of service is counted.

Members of the administrative and technical staff of a mission and members of their families forming part of their households enjoy immunity similar to that of diplomats (Article 37, (paragraph 2) of the Vienna Convention on Diplomatic Relations).

Service staff

Service staff members should be in the domestic service of a mission. As a rule, they should be nationals of the sending State. For this category, a time limit of eight years applies for posted staff at a mission. If a staff member is reassigned to a role in a different category, the total consecutive length of service is counted.

Members of the service staff of a mission enjoy immunity when performing acts in the course of their duties (Article 37(3) of the Vienna Convention on Diplomatic Relations). Family members of the service staff of a mission are not covered by the provisions of the Vienna Conventions.

Family members

Family members forming part of the household of a staff member of a diplomatic agent or a member of the administrative and technical staff of a diplomatic mission enjoy the same privileges and immunities as a diplomatic agent or a member of the administrative and technical staff. According to Swedish practice, the following persons are included in the concept of family member:

• a spouse/registered partner or cohabitee (minimum 18 years of age),
• unmarried children under 21 years of age who reside exclusively in the principal household, and
• unmarried children under 23 years of age who attend an institution of higher education in Sweden on a full-time basis but continue to form part of the household.

Swedish citizens/permanent residents

Diplomatic agents who are Swedish citizens or permanent residents of Sweden only enjoy immunity from jurisdiction and inviolability in respect of official acts performed in the exercise of his/her functions (Article 38 (1) of the Vienna Convention on Diplomatic Relations). Other staff members and family members who are Swedish citizens or permanent residents of Sweden do not enjoy immunity from jurisdiction or inviolability (Article 38 (2) of the Vienna Convention on Diplomatic Relations).

Inviolability

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

• a mission's premises, furnishings and the property thereon, and its means of transport (Article 22),
• a mission's archives and documents (Article 24),
• a mission's official correspondence, diplomatic bag and diplomatic courier (Article 27),
• diplomatic agents and the family members of a diplomatic agent forming part of their household (Article 29 and Article 37(1)),
• members of the administrative and technical staff of a mission and members of their families forming part of their households (Article 37(2)),
• the private residences of diplomatic agents (Article 30) and members of the administrative and technical staff of a mission (Article 37(2) as well as their papers, correspondence and property (Article 30(2)) and
• diplomatic agents and members of their families who pass through Sweden, provided they are travelling to or returning from a post (Article 40).

Consular posts and their staff members

Under the Act on Immunities and Privileges in Certain Cases, consular posts, staff members of consular posts and their family members who form part of the household, and members of the private staff and consular couriers enjoy inviolability, privileges and immunities in accordance with the Vienna Convention on Consular Relations. Further privileges and immunities can be granted on the basis of bilateral agreements. Posted staff are expected to be part of the sending State's normal rotation.

The particular status of staff members of a consular post who are nationals or permanent residents of the receiving State, is governed by Article 71 of the Vienna Convention on Consular Relations.

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

• the consular premises (Articles 27 and 31),
• a consular post's archives and documents (Article 27 and 33),
• a consular post's official correspondence (Article 35(2)),
• the consular courier (Article 35(5)), and
• career consular officers, with certain exceptions (Article 41); honorary consuls only in respect of official acts performed in the exercise of their duties (Article 71(1)).

It may be noted that Sweden has made the following reservation to the Vienna Convention on Consular Relations. "With regard to Article 35(1), and Article 58(1), Sweden does not accord to consular posts headed by honorary consular officers the right to employ diplomatic or consular couriers and diplomatic or consular bags, or to Governments, diplomatic missions and other consular posts the right to employ these means in communicating with consular posts headed by honorary consular officers, except to the extent that Sweden may have consented thereto in particular cases."

Career consular officers and consular employees enjoy immunity from jurisdiction in respect of acts performed in the exercise of consular functions, with certain exceptions (Article 43). Honorary consuls only enjoy immunity from jurisdiction in respect of official acts performed in the exercise of their functions (Article 71). Family members of consular officers and consular employees do not enjoy immunity from jurisdiction.