§2728 Crimes committed by diplomats

Summary

Within 180 days after October 21, 1998, and every year after that, the Secretary of State must send Congress a report about diplomatic immunity. The report must say how many people in the United States have full criminal immunity; list each case where state, local, or federal authorities told the State Department they had reasonable cause to believe such an immune person committed a serious crime (and any earlier similar crimes they reported); note which of those cases the Secretary formally declared involved someone with full immunity; say how many U.S. citizens living in other countries have full criminal immunity there; list each case where a foreign government asked the United States to waive immunity for its citizen; and say whether the Secretary made the notifications described below. The Secretary may leave out information that would harm an ongoing investigation or reveal law enforcement or intelligence methods. A "serious criminal offense" means any felony; any offense punishable by more than 1 year in prison; any crime of violence as defined in section 16 of title 18; or driving under the influence, reckless driving, or driving while intoxicated. Congress also says the Secretary should try to get states to consider agreements and laws so the sending country can prosecute crimes its immune people commit in the host country, and so that when there is probable cause the sending country will either waive immunity or prosecute the person. The Secretary must also regularly tell each foreign mission what U.S. policy is about crimes by people who have immunity from U.S. criminal jurisdiction.