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Status of overseas civil servants questioned

up with the US after it came to light that American immigration officials on the Island had been given full diplomatic privileges.

The issue came to light a few weeks ago when a senior immigration officer at the Bermuda International Airport claimed immunity after being stopped by Police for a driving offence.

That meant he was free from action and prosecution by Police and the judiciary in Bermuda.

The Royal Gazette reported the incident and after investigating the situation further, found it highly unusual that anybody in Bermuda should have diplomatic status.

Even the US Consulate General does not qualify for diplomatic status, which gives immunity from prosecution 24 hours a day.

Instead, he is given consular status, which provides the privilege of immunity only while he is carrying out the duty of his work.

Normally, only diplomats posted to embassies, which are based in capital cities, would be given full diplomatic status.

Other senior people based away from capital cities are normally given consular status.

Bermuda is one of only a handful of countries that has the luxury of pre-clearance officials stationed at the airport, to save passengers from going through immigration when they arrive at their American destination.

The Diplomatic Privileges (Pre-Clearance Officials) Order 1996 was drawn up between the US and Bermuda, but there lies some confusion.

The order relates to pre-clearance officials who are diplomatic agents.

By the usual way of thinking in London, the immigration officers based at the airport would not be agents.

When The Royal Gazette contacted Deputy Governor Tim Gurney to query the anomaly, he confirmed that it was not usual.

He said: "In theory, nobody in Bermuda should have diplomatic status.

"It may be that some kind of agreement was reached between the US and Bermuda to grant this type of status. However, we don't know what it is.

"But the Foreign Office would have to agree to it, so they should know. "It could be that a mistake was made.

"We have asked the Foreign Office for clarification on this matter and once we have got a clear idea we will discuss it further.

"If it isn't as it should be, then it is something we will have to negotiate.

We would want to work out an amicable solution with the US authorities.'' Clarification by the Foreign Office may result in the immigration officers having their privileges demoted to consular status.