In today's testimony before Congress, Larry C. Johnson made clear the difference between a regular CIA operative, attached to an embassy or legation, enjoying Black Passport immunity protection from the host nation he or she operates in; and the much more perilous life of a Non Official Cover (NOC) operative.
In order for people to understand the extent of what Karl Rove and I. Lewis Libby (with others) did, in destroying Valerie Plame Wilson's cover, I have written a brief description of the essential difference between Official Cover and Non-Official-Cover.
In his
testimony, Larry C. Johnson said the following:
Although Val started off with official cover, she later joined a select group of intelligence officers a few years later when she became a NOC, i.e. a Non-Official Cover officer. That meant she agreed to operate overseas without the protection of a diplomatic passport. She was using cover, which we now know because of the leak to Robert Novak, of the consulting firm Brewster-Jennings. When she traveled overseas she did not use or have an official passport. If she had been caught engaged in espionage activities while traveling overseas without the black passport she could have been executed.
Nations exchange territory and immunity when they enter into diplomatic relationships. The grounds of the US Embassy in Paris is US territory, and French police or officials cannot enter this territory unless invited by senior officials of the US legation. French law does not hold inside Embassy grounds, nor can any arrests be made there.
But this immunity against prosecution by the host nation is also extended beyond the embassy gates, if the personnel in question has been formally presented to the French Foreign Office as official members of the US legation to France.
Since it's a well known fact that nations spy on each other, this is how one has sorted out the problem of what to do if caught.
As a diplomatic, official envoy of a nation, working in a host nation, you enjoy immunity from prosecution, according to the laws of that nation. In some rare instances, when the transgression has been sufficiently grave, you may be held responsible, if your legation releases you to the host nation's authorities - but those are rare.
The military Charge d'Affaires, for instance, at an embassy, will represent his or her nation's military interests, interceding if necessary on behalf of his nation's military forces, but is also understood to be interested in the military secrets of his host nation.
Diplomatic personnel carry Black Passports that identify them as they enter a country. They are allowed to bring with them diplomatic, sealed pouches, which may not be opened or examined by the customs officials of the host nation, neither when entering or departing.
Should such an examination (or other obstruction of an officially registered member of the legation) occur, then the diplomatic bona fides of the nation committing the transgression may be revoked by the nation that feels it has been offended (its ambassador will then be reprimanded by, for instance, the US Secretary of State if the US has registered an offense against one of its legations, and the transgressing nation's legation may even be ordered to close and leave the US), and US allies may also choose to sanction the transgressor (in spite of the fact that the pouches could contain espionage product).
But being an official diplomat, working under cover, inside your legation, tags you. Your movements in the host nation may be recorded, your contacts likewise, your communications may be sought interfered with or tapped.
Which is why espionage services need NOCs. Those operating with Non-Official-Cover.
These do not have the Black Passport, and are treated as ordinary citizens of their home nation by the host nation. Instead of enjoying diplomatic immunity from the host nation's laws, they are subject to those laws, to the extent applicable unless these transgress against protection afforded through international law. (And even then you might be in for hell).
Thus, someone holding a Black Passport could smuggle heroin out of Thailand, get caught, and still get to leave. While you and I would get arrested, thrown in jail, and probably lose our lives.
For Black Passport immunity to be applicable, the status of the holder must be registered upon entry in the host nation, through official channels.
The holder of a regular passport is registered by the immigration officials upon entry, or by the embassy of the host nation in case visas have been issued; and may have to report regularly to the host nation, if the stay is of some duration.
Intelligence services will esteem a NOC as much more valuable an operative than an official member of a legation; particularly if that operative has worked for a long time, established and maintained a solid cover, and has gained a network of contacts and relations through a legitimate job or position, bringing them into regular contact with citizens, officials and organizations of the host countries they travel through, work in or have contacts with.
However, should you be revealed to be spying against, or working against, the interests of your host nation, then you will be arrested and tried. (Or shot on sight).
Many nations, in order to deter people from seeding them with spies, have exceedingly strict laws against espionage, thus raising the risk for such operatives substantially.
Since you have not registered Black Passport status upon entry, you cannot invoke such protection if caught, even if you should have one.
With the above in mind, you get a better impression of what it actually was Rove, Libby and Novak did - and you probably also get a sense of what may have happened to the contacts Valerie Plame has had, in the countries she operated in, through her cover.
(As additional food for thought. The protections granted to legations are regulated through international law, particularly the (ed. Vienna) and Geneva Conventions. By spitting on that convention, Rumsfeld and Cheney have greatly imperiled US operatives, not only military personnel, but also those working for the intelligence services, in nations around the world).