2.7 Consular posts and their staff members

Under the Act on Immunities and Privileges in Certain Cases, consular posts, members of the 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 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 (Article 27, Article 31).
• The consular post's archives and documents (Article 27, Article 33).
• The consular post's official correspondence (Article 35, Paragraph 2).
• The consular courier (Article 35, paragraph 5).
• 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, Paragraph 1).

It may be noted that Sweden has made the following reservation to the Vienna Convention on consular relations. "With regard to article 35, Paragraph 1, and Article 58, Paragraph 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.