Procedures for diplomats arriving in Jersey (FOI)

Request

What does the Government of Jersey do when a diplomat arrives in Jersey?

Does the Jersey Customs and Immigration Service search diplomats’ bags?

Response

Section 8 of the Immigration Act 1971 (as extended to Jersey by the Immigration (Jersey) Order 2021) disapplies provisions of the Act relating to those who are not British citizens so long as he is a member of a mission (within the meaning of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998 (“The 1998 Law”).

The 1998 Law also brings into effect in Jersey Articles 29 and 36 of the Vienna Convention on Diplomatic Relations 1961 which state:

Article 29

The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

Article 36

The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services on –

(a)     articles for the official use of the mission;

(b)     articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment.

The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this Article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorised representative.

Immigration (Jersey) Order 2021 (jerseylaw.je)

Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998 (jerseylaw.je)