Immunity - NL Host Nation
8. Immunity
8.1 General information
Under international law, it is customary for a host country to grant international organisations immunity from the criminal jurisdiction of the receiving State to enable them to function independently. Staff members of international organisations are entitled to the specific immunities accorded to them under the headquarters agreements or other legal instruments. The majority of staff of international organisations are entitled to functional immunity, which extends to acts performed in the course of their official duties.
The Ministry is informed by the police and/or Public Prosecutor’s Office, of all incidents in which privileged staff members invoke their immunity. It may consequently inform the head of the international organisation of the case and ask for appropriate measures or the Public Prosecutor’s Office might ask the Ministry to request to waive immunity.
The Ministry would like to emphasise that, in accordance with articcle 41, first paragraph of the VCDR, persons with privileged status have to respect Dutch legislation at all times and are requested to cooperate with the police and other national authorities.
8.2 Privileged persons who come into contact with the police
Staff members who are stopped by or otherwise come into contact with the police in connection with a suspected offence should immediately identify themselves with a valid identity card issued to them by the Ministry of Foreign Affairs. Showing this card does not relieve the holder of the obligation to show other documents (e.g. driving licence, vehicle registration documents) if requested by the police. The Ministry takes offences seriously and is in close contact with both police and the public prosecutor’s services. In case any follow up is requested, the Ministry will contact the embassy.
8.3 Traffic violations
In accordance with Article 41 of the Vienna Convention on Diplomatic Relations, it is, without prejudice to their privileges and immunities, the duty of all persons enjoying diplomatic privileges and immunities to respect the laws and regulations of the receiving state. The Ministry therefore strongly suggests all staff members of diplomatic missions and International Organisations to respect the traffic laws and regulations of the Netherlands. Compliance with the traffic laws and regulations contributes to everyone’s safety. In cases of serious offences, the Public Prosecutor’s Office could request the Ministry for further assistance with regard to possible prosecution. In these cases the Ministry will be contacting the diplomatic mission in order to discusses possible steps forward. Additional action might also be the result of a large number of offenses.
Notification letters following traffic violations
Since 1 May 2019 (Note Verbale DPG-2019/185, dated 11 March 2019), privileged persons who possess a vehicle with a special registration plate receive a notification letter when a traffic offence is registered for their vehicle. This notification letter provides information about the offence and informs them about the fine that would have been payable if the offence had been committed in a vehicle without a special registration plate. Subsequently, the person to whom the vehicle is registered is invited to voluntarily pay the amount specified in the letter.
Reminder letters
As of January 2021, persons who have received a notification letter of which the due date has passed will receive up to a maximum of two reminder letters in which they are invited to voluntarily pay the indicated sum. Neither the reminder letters, nor the traffic notification letter, constitute a court order, fine or a demand for payment.
Monitoring
By means of the notification system, all traffic offences are brought to the Ministry’s attention. The Ministry closely monitors the number and severity of recorded traffic offences, as well as the amount of outstanding traffic notification letters. If necessary, the Ministry brings the matter to the attention of the diplomatic mission or International Organisation in question. Further diplomatic measures may be taken in the absence of an improvement of driving behavior. These measures could be taken after receiving such a request from the Public Prosecutor’s Office.
Registration number liability
The Netherlands applies the principle of ‘registration number liability’. This means that the owner of a vehicle is responsible – and therefore liable – for every unlawful act committed with the vehicle. This applies to vehicles registered to an individual and vehicles registered to an organisation. It is therefore not relevant who was driving the vehicle at the time of the recorded incident, unless the vehicle and the individual are stopped by the police at the scene.
Important traffic regulations
The Ministry would like to draw the attention to the fact that the daytime speed limit on motorways has been cut to 100 km/h between 6 am and 7 pm. The speed limit does not apply between 7 pm and 6 am. During these hours, the speed limit remains 100 km/h, 120 km/h or 130 km/h, as indicated on the traffic signs.
The Ministry wishes to remind all Diplomatic Missions that, in line with Article 61a of the traffic rules and traffic signs regulations, the use of a mobile device while driving is illegal. This includes any mobile electronic device that can be used for communication or information processing, such as a mobile phone, a tablet or a computer. The enforcement of this traffic rule by the competent Dutch authorities has been expanded by using special cameras with which it is automatically recorded if the driver is using a mobile device.
For the benefit of traffic safety the Ministry has enclosed a factsheet with a list of FAQs (see Annex K) about some of the most important traffic regulations. This list is not complete; it contains only a number of the most important rules and regulations. Additional information and a summary of the Dutch traffic rules can be found at: https://wetten.overheid.nl/BWBR0004825
8.4 Consequences of driving under the influence of alcohol, drugs or medicines
Under international law, privileged persons have a duty to respect Dutch traffic laws, despite their privileges and immunities. Although the vast majority of them do so, the Ministry of Foreign Affairs wishes – given the potentially serious consequences – to clarify the relationship between driving under the influence of alcohol, drugs or certain medications and the immunities that apply.
Police traffic checks – Flagging down vehicles and the breathalyser test
The police have the right to flag down a person with diplomatic immunity and ask for identification. Persons with immunity must show the police the identity card issued by the Ministry of Foreign Affairs and, if asked to do so, hand it over for verification. The card must be returned to the privileged person once the police have verified their identity.
The police may decide, based on their observations, whether there are reasonable grounds for assuming that a privileged person is driving under the influence of alcohol, drugs or certain medicines. They may request the privileged person to submit voluntarily to a breathalyser test. (The breathalyser test shows whether a motorist has exceeded the statutory limit – currently a blood alcohol level of 0.05% or 220 micrograms per litre of exhaled air.)
Arrest, breath tests, blood tests and urine tests
A privileged person who enjoys immunity from criminal jurisdiction may not be arrested or compelled by the police to take a breath, blood or urine test. However, the Ministry would request privileged persons to respect Dutch law and to cooperate with the competent national authorities in the interest of road safety.
Driving under influence, causing damage or injury
If a privileged person has caused serious injury to a third party while under the influence of alcohol, drugs or certain medicines, the Dutch authorities may, if necessary, request the sending State to waive the immunity of a privileged person so that criminal proceedings can be instituted and any sentence passed can be enforced. Failing such cooperation, the sending State may be requested to recall the person concerned.
Driving bans and the confiscation of car keys
If the police have reasonable grounds to assume that a person with diplomatic immunity is unfit to drive due to the influence of alcohol, drugs or certain medicines, they may take steps to ensure that the driver does not endanger themselves or others. In such cases, in accordance with international practice, the police may temporarily confiscate a driver’s car keys and will help the driver to organise alternative transport. In addition, the police may decide to have the car taken to a safe location in the interests of public safety and to protect the car. The police may not confiscate the Ministry of Foreign Affairs identity card, passport or driving licence of a privileged person who has immunity.
The police will draw up an official report if they discover that a person with immunity has been driving under the influence of alcohol, drugs or medicines. They will also notify the Public Prosecutor’s Office and the Protocol Department of the Ministry of Foreign Affairs, after which appropriate measures could be taken. This could include a request to waive immunity in order to allow the Prosecutor’s Office to proceed. In case such a waiver is being denied, the Ministry could take appropriate measures; this could entail a first warning or, in case of a second or serious offence, the request to leave the country.
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Under international law, it is customary for a host country to grant international organisations immunity from the criminal jurisdiction of the receiving State to enable them to function independently. Staff members of international organisations are entitled to the specific immunities accorded to them under the headquarters agreements or other legal instruments. The majority of staff of international organisations are entitled to functional immunity, which extends to acts performed in the course of their official duties.
The Ministry is informed by the police and/or Public Prosecutor’s Office, of all incidents in which privileged staff members invoke their immunity. It may consequently inform the head of the international organisation of the case and ask for appropriate measures or the Public Prosecutor’s Office might ask the Ministry to request to waive immunity.
The Ministry would like to emphasise that, in accordance with articcle 41, first paragraph of the VCDR, persons with privileged status have to respect Dutch legislation at all times and are requested to cooperate with the police and other national authorities.
8.2 Privileged persons who come into contact with the police
Staff members who are stopped by or otherwise come into contact with the police in connection with a suspected offence should immediately identify themselves with a valid identity card issued to them by the Ministry of Foreign Affairs. Showing this card does not relieve the holder of the obligation to show other documents (e.g. driving licence, vehicle registration documents) if requested by the police. The Ministry takes offences seriously and is in close contact with both police and the public prosecutor’s services. In case any follow up is requested, the Ministry will contact the embassy.
8.3 Traffic violations
In accordance with Article 41 of the Vienna Convention on Diplomatic Relations, it is, without prejudice to their privileges and immunities, the duty of all persons enjoying diplomatic privileges and immunities to respect the laws and regulations of the receiving state. The Ministry therefore strongly suggests all staff members of diplomatic missions and International Organisations to respect the traffic laws and regulations of the Netherlands. Compliance with the traffic laws and regulations contributes to everyone’s safety. In cases of serious offences, the Public Prosecutor’s Office could request the Ministry for further assistance with regard to possible prosecution. In these cases the Ministry will be contacting the diplomatic mission in order to discusses possible steps forward. Additional action might also be the result of a large number of offenses.
Notification letters following traffic violations
Since 1 May 2019 (Note Verbale DPG-2019/185, dated 11 March 2019), privileged persons who possess a vehicle with a special registration plate receive a notification letter when a traffic offence is registered for their vehicle. This notification letter provides information about the offence and informs them about the fine that would have been payable if the offence had been committed in a vehicle without a special registration plate. Subsequently, the person to whom the vehicle is registered is invited to voluntarily pay the amount specified in the letter.
Reminder letters
As of January 2021, persons who have received a notification letter of which the due date has passed will receive up to a maximum of two reminder letters in which they are invited to voluntarily pay the indicated sum. Neither the reminder letters, nor the traffic notification letter, constitute a court order, fine or a demand for payment.
Monitoring
By means of the notification system, all traffic offences are brought to the Ministry’s attention. The Ministry closely monitors the number and severity of recorded traffic offences, as well as the amount of outstanding traffic notification letters. If necessary, the Ministry brings the matter to the attention of the diplomatic mission or International Organisation in question. Further diplomatic measures may be taken in the absence of an improvement of driving behavior. These measures could be taken after receiving such a request from the Public Prosecutor’s Office.
Registration number liability
The Netherlands applies the principle of ‘registration number liability’. This means that the owner of a vehicle is responsible – and therefore liable – for every unlawful act committed with the vehicle. This applies to vehicles registered to an individual and vehicles registered to an organisation. It is therefore not relevant who was driving the vehicle at the time of the recorded incident, unless the vehicle and the individual are stopped by the police at the scene.
Important traffic regulations
The Ministry would like to draw the attention to the fact that the daytime speed limit on motorways has been cut to 100 km/h between 6 am and 7 pm. The speed limit does not apply between 7 pm and 6 am. During these hours, the speed limit remains 100 km/h, 120 km/h or 130 km/h, as indicated on the traffic signs.
The Ministry wishes to remind all Diplomatic Missions that, in line with Article 61a of the traffic rules and traffic signs regulations, the use of a mobile device while driving is illegal. This includes any mobile electronic device that can be used for communication or information processing, such as a mobile phone, a tablet or a computer. The enforcement of this traffic rule by the competent Dutch authorities has been expanded by using special cameras with which it is automatically recorded if the driver is using a mobile device.
For the benefit of traffic safety the Ministry has enclosed a factsheet with a list of FAQs (see Annex K) about some of the most important traffic regulations. This list is not complete; it contains only a number of the most important rules and regulations. Additional information and a summary of the Dutch traffic rules can be found at: https://wetten.overheid.nl/BWBR0004825
8.4 Consequences of driving under the influence of alcohol, drugs or medicines
Under international law, privileged persons have a duty to respect Dutch traffic laws, despite their privileges and immunities. Although the vast majority of them do so, the Ministry of Foreign Affairs wishes – given the potentially serious consequences – to clarify the relationship between driving under the influence of alcohol, drugs or certain medications and the immunities that apply.
Police traffic checks – Flagging down vehicles and the breathalyser test
The police have the right to flag down a person with diplomatic immunity and ask for identification. Persons with immunity must show the police the identity card issued by the Ministry of Foreign Affairs and, if asked to do so, hand it over for verification. The card must be returned to the privileged person once the police have verified their identity.
The police may decide, based on their observations, whether there are reasonable grounds for assuming that a privileged person is driving under the influence of alcohol, drugs or certain medicines. They may request the privileged person to submit voluntarily to a breathalyser test. (The breathalyser test shows whether a motorist has exceeded the statutory limit – currently a blood alcohol level of 0.05% or 220 micrograms per litre of exhaled air.)
Arrest, breath tests, blood tests and urine tests
A privileged person who enjoys immunity from criminal jurisdiction may not be arrested or compelled by the police to take a breath, blood or urine test. However, the Ministry would request privileged persons to respect Dutch law and to cooperate with the competent national authorities in the interest of road safety.
Driving under influence, causing damage or injury
If a privileged person has caused serious injury to a third party while under the influence of alcohol, drugs or certain medicines, the Dutch authorities may, if necessary, request the sending State to waive the immunity of a privileged person so that criminal proceedings can be instituted and any sentence passed can be enforced. Failing such cooperation, the sending State may be requested to recall the person concerned.
Driving bans and the confiscation of car keys
If the police have reasonable grounds to assume that a person with diplomatic immunity is unfit to drive due to the influence of alcohol, drugs or certain medicines, they may take steps to ensure that the driver does not endanger themselves or others. In such cases, in accordance with international practice, the police may temporarily confiscate a driver’s car keys and will help the driver to organise alternative transport. In addition, the police may decide to have the car taken to a safe location in the interests of public safety and to protect the car. The police may not confiscate the Ministry of Foreign Affairs identity card, passport or driving licence of a privileged person who has immunity.
The police will draw up an official report if they discover that a person with immunity has been driving under the influence of alcohol, drugs or medicines. They will also notify the Public Prosecutor’s Office and the Protocol Department of the Ministry of Foreign Affairs, after which appropriate measures could be taken. This could include a request to waive immunity in order to allow the Prosecutor’s Office to proceed. In case such a waiver is being denied, the Ministry could take appropriate measures; this could entail a first warning or, in case of a second or serious offence, the request to leave the country.
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