Ambassadors from some of the wealthiest countries in the world united yesterday in refusing to pay London’s congestion charge.

Their embassies fall within the newly expanded penalty zone but at least a dozen are claiming that they are exempt.

More than £1 million in charges and fines for nonpayment have been run up by foreign countries, including the US and several African nations. This bill was expected to soar as the congestion area was extended into West London this week to cover Kensington, Chelsea and Knightsbridge — encompassing an extra 80 embassies.

Many of these, who have paid the charge previously, have said that the £8 daily charge is a tax under the Vienna Convention on Diplomatic Relations. Enforcement authorities appear to be powerless to penalise offenders because ambassadorial staff are covered by diplomatic immunity.

Nearly half of the 25 embassies contacted by The Times said that they would no longer pay the congestion charge. These included France, Germany, Russia and Belgium. Diplomats from the Dominican Republic, Sweden, Monaco and Finland said that they did not intend to stop paying the fee. Middle Eastern countries including Israel, Iran, Oman and Syria also said that they would obey the law.

For some embassies, poverty made the question irrelevant: Bolivia does not have an ambassadorial vehicle, but said that it would debate the point when taking delivery of a car in the near future. The embassy for Costa Rica also has no private transport.

There was no question of not paying for members of the Brunei Commission, because most staff live near its exclusive Belgrave Square premises and are entitled to a discount of 90 per cent.

The office of the Mayor of London accused embassies of exploiting their diplomatic immunity. A spokesman said: “Those embassies that flout the law of this country and misuse diplomatic immunity to avoid the charge are enjoying the benefits of reduced congestion but contributing nothing. The UK Government has made it clear to all embassies that the congestion charge is a charge, not a tax, and that diplomats should pay it.

“British diplomats pay such charges in other countries and we believe it is reasonable for us to expect diplomats to show equal respect for the laws of this country.”

A spokesman for the German Embassy, which had run up £65,000 in congestion charge fines by May last year, said: “We haven’t paid the charge after a legal evaluation of the problem. Until this week we were outside the zone but had to drive into the zone to visit the Foreign and Commonwealth Office. Now we are within the zone. Diplomats are not supposed to pay tax. We and several other EU member states will not pay the charge.”

A spokesman for the Cameroon Embassy said: “The African Union group of nations decided at the outset that we were not going to pay. That is not going to change now that we are inside the zone.”

Sweden is paying the charge because it is on the verge of introducing a similar scheme in Stockholm.

Afghanistan said that it would wait for the outcome of the refusal of other countries before deciding whether to stop paying. The Dominican Republic was also monitoring the situation, saying that Caribbean high commissions would make a collective decision.

Russia and Belarus suspended their payments from Monday, pending “constructive dialogue” with the Foreign Office.

The Foreign Office said that it had no power to intervene and that it was a matter for Transport for London. A spokeswoman said: “We have received notification from a number of missions that they won’t pay the congestion charge. We can name and shame and advise them to pay, but we can’t go and arrest someone for nonpayment.”

British diplomats living in Norway and Singapore pay for a similar congestion charge, and consular staff in all foreign countries are subject to parking fines and road tolls.

Diplomats in Britain are entitled to a range of benefits: they do not pay income tax, the BBC licence fee, tax on fuel, inheritance tax or council tax on their home residence. Notebook, page 16 Letters, page 18

Taxing issue

— Embassies refusing to pay the congestion charge claim that they are justified because the levy is a tax

— Many cite the Vienna Convention on Diplomatic Relations, 1961. Article 34 states: “A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal”

— The convention was set up to maintain international peace and security and to promote friendly relations among nations, “irrespective of their differing constitutional and social systems”

— It adds: “The purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing states”

Source: untreaty.un.org

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