Definition and Legal Status of the Attaché
The term Attaché (French for “attached” or “affiliated”) refers to an employee dispatched to a diplomatic or consular mission, who is assigned to the respective mission or department as a staff member. Attachés are usually officials of the sending state, entrusted with tasks in specific areas such as military, economic, cultural, or press affairs. The functional and legal status of attachés is shaped both by international law and national legislation.
Historical Development
The origin of the term can first be traced back to the 18th century in a diplomatic context, when European states began supplementing their foreign missions with specially trained staff for specific departments. Since then, the position of attaché has established itself as an integral component of diplomatic representations.
Legal Foundations
International Legal Provisions
The international legal classification and privileges of attachés are based in particular on the Vienna Conventions:
Vienna Convention on Diplomatic Relations (1961)
According to the provisions of the Vienna Convention on Diplomatic Relations (VCDR), attachés are regularly regarded as members of diplomatic missions, especially if they are listed in the diplomatic staff register and accepted by the receiving state. Such attachés are generally entitled to immunity and privileges appropriate to their function and rank, including immunity from criminal jurisdiction, exemptions from taxation, and protection from official search and seizure of their person and official correspondence (cf. Articles 31, 36 VCDR).
Vienna Convention on Consular Relations (1963)
In the consular sphere, attachés who belong to a consular mission are subject to the provisions of the Vienna Convention on Consular Relations (VCCR). The scope of rights and obligations is determined by the attaché’s status within the personnel structure of the consular mission. In particular, consular immunity and various official privileges are granted.
National Legal Provisions and Administrative Practice
The admission, accreditation, rights, and obligations of attachés are regulated by both international agreements and national legal norms and administrative provisions of the receiving and sending states. Nation states regularly publish regulations for the accreditation of attachés, such as listing procedures, obligations for registration, and requirements concerning identification documents. In some cases, individual countries also specify the number and qualifications of the attachés they send.
Status and Duties of the Attaché
Types of Attachés
Attachés are classified according to their area of responsibility, in particular including:
- Military Attaché: Specialist delegate in the field of defense and military affairs, responsible for maintaining contact with the armed forces and military administrations
- Economic Attaché: Contact person for economic, trade, and industrial policy matters
- Cultural Attaché: Responsible for educational and cultural cooperation
- Press Attaché: Responsible for media relations and the exchange of information with the receiving state
- Science Attaché and others, such as police or agricultural attachés
The exact function is specified in the dispatch certificate and job description. The designation “attaché” can also be used in the context of training paths in the foreign service (prospective attachés in preparatory service).
Acquisition of Status
Appointment as an attaché is made by dispatching an appropriate employee by the Ministry of Foreign Affairs of the respective state and his or her accreditation with the receiving state. The receiving state may refuse acceptance (Article 9 VCDR – “persona non grata”). The rights arising from accreditation extend to official duties, immunities, as well as access to official resources.
Immunities and Privileges
The scope of diplomatic privileges and immunities for attachés depends on their official listing and function. Diplomatic attachés usually enjoy comprehensive immunities. Consular attachés are subject to the more limited protections of consular service law. Differences exist in access to tax reliefs, residence freedom, and vehicle privileges.
Revocation and Persona Non Grata Declaration
Status can be terminated at any time by recall, withdrawal, or by a declaration as an undesirable person (persona non grata) pursuant to Art. 9 VCDR by the receiving state. The legal consequences are regulated in international conventions as well as national law.
Attaché in National Civil Service Law
Civil Service Assignment
In the German public service, for example, the designation “attaché” is also used for civil servants in the preparatory service of the Foreign Office who are undertaking training for the diplomatic-consular service. In this context, it refers to a training grade and not yet to a full member of the corps of diplomatic representatives.
Employment Models
The legal classification as civil servant, salaried employee, or dispatched state official is determined by the public service law of the sending state. National public servant laws, the Act on the Foreign Service (GAD), service regulations, and corresponding dispatch decrees regulate the status, rights, and obligations of attachés.
Special Provisions and Legal Limits
Restrictions and the Host Country’s Rights of Control
The receiving state has the right to limit the number and type of attachés by unilateral measures or bilateral agreements. Furthermore, the substantive activity is regularly only permissible within the framework of the function and in accordance with the tasks of the mission; in particular, attachés are not allowed to participate in the public life of the receiving state beyond their official duties.
Criminal and Civil Consequences
If an attaché is not properly accredited or exceeds the scope of his or her function, immunity may be limited or withdrawn. Violations of national law can lead to mandatory withdrawal or criminal and/or civil prosecution if immunity has been lifted. In some cases, the rights of those concerned are regulated through diplomatic negotiations.
Literature and Further Sources
- Vienna Convention on Diplomatic Relations (1961)
- Vienna Convention on Consular Relations (1963)
- Act on the Foreign Service (GAD)
- Handbook of International Diplomatic and Consular Law
This article provides a comprehensive legal overview of the term attaché, highlights historical, international law, and national aspects, and explains in detail the areas of responsibility and legal framework.
Frequently Asked Questions
What legal prerequisites must be met for the dispatch of an attaché?
The dispatch of an attaché by a state is governed under international law, in particular, within the scope of diplomatic relations, by the Vienna Convention on Diplomatic Relations of 1961 (VCDR), and, so far as it concerns consular representations, by the Vienna Convention on Consular Relations of 1963 (VCCR). As a general rule, the appointment and dispatch of an attaché requires the mutual consent (agrément) of the receiving state. The sending state must inform the receiving state of the attaché’s personal details, upon which the receiving state can grant the so-called exequatur or another form of consent. Without this consent, the attaché concerned may not legally commence their duties. In addition, national legal provisions of both the sending and receiving states must be observed, in particular with regard to work permits, residence titles, and security checks.
What special rights and immunities do attachés enjoy under international law?
Attachés who are part of diplomatic or consular missions enjoy certain privileges and immunities under Articles 31-39 of the Vienna Convention on Diplomatic Relations. These include, among other things, personal inviolability, meaning they generally may not be arrested or detained in the host country. They are also exempt from the jurisdiction of the receiving state for actions performed in the course of official duties, unless the sending state expressly waives this immunity. Regular tax privileges include exemption from certain local taxes and duties in connection with official activities. The scope of these rights may, however, vary in specific cases depending on the type of attaché (military, scientific, etc.) and applicable bilateral agreements.
How can attachés be recalled from the receiving state or declared undesirable?
According to Article 9 of the Vienna Convention on Diplomatic Relations, the receiving state is authorized to declare an attaché persona non grata at any time and without giving reasons. This means that the attaché in question must leave the country within a reasonable period. The decision is not subject to judicial review and is at the sole discretion of the receiving state. The sending state can also remove an attaché from service in the host country through formal recall or transfer, which may occur particularly in the context of official reorganization or disciplinary action. The legal procedures are governed by the respective national laws and diplomatic customs.
What liability rules apply to attachés in the host country?
Attachés, as long as they act within the scope of their official duties, enjoy extensive immunity from the civil and criminal jurisdiction of the receiving state. Actions outside official duties (e.g., private offenses) may, under certain circumstances, constitute an exception if the sending state waives immunity. Third-party compensation claims for damage caused by attachés are, for the most part, to be directed against the sending state. There are also clear liability rules within the diplomatic corps for official actions and their legal consequences; these can be further specified by bilateral supplementary agreements.
What employment regulations apply to attachés?
Attachés are generally subject to the employment law of the sending state, as they maintain a public-law service or employment relationship with that state. They are to be regarded as posted civil servants and are therefore not subject to the local employment law of the receiving state. Remuneration, working hours, and employment protection provisions are governed by the relevant national regulations as well as any special laws concerning the overseas deployment of civil servants. However, local regulations, such as minimum wage and occupational safety laws, may be affected in individual cases, for example in the case of locally employed auxiliary staff of the attachés.
Are attachés subject to special registration requirements or do they need special visas?
Attachés are required to register with the Ministry of Foreign Affairs or the competent authority of the receiving state. This registration is a prerequisite for the recognition of their diplomatic or consular status and for the granting of the corresponding immunities. In most countries, a special service or diplomatic passport as well as a related “Diplomatic Visa” are issued to document the official nature of the stay. The procedure for obtaining these documents is legally specified by bilateral or multilateral agreements and national laws. However, specific requirements vary depending on the country and status of the attaché.
