22 U.S.C. § 4304b: Crimes committed by diplomats

Summary

The Secretary of State must send Congress a yearly report called the “Report on Cases Involving Diplomatic Immunity.” The report must say how many people living in the United States have full criminal immunity. It must list any case where a state or federal authority told the State Department they had reasonable cause to believe such a person committed a serious crime in the United States, and any extra information about similar past crimes. The Secretary can leave out items that would hurt an active investigation or expose law enforcement or intelligence methods. The report must also note which of those cases the Secretary certified the person had full immunity, how many U.S. citizens living abroad have full immunity in their host country, and any requests from a host country asking the United States to waive immunity for a U.S. citizen. The report must say whether the Secretary made the notifications described below. A “serious criminal offense” for the report means a felony; any crime punishable by more than 1 year in prison; a crime of violence; or certain driving crimes such as driving under the influence, reckless driving, or driving while intoxicated. Congress also says the Secretary should look into, with other countries and in the right meetings, whether countries should make laws or agreements so the sending country can prosecute crimes by immune persons or waive immunity or prosecute when there is probable cause. The Secretary should also tell each foreign mission from time to time about U.S. policies on crimes by people with diplomatic immunity.

Title 22, §4304b

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Annual report concerning diplomatic immunity

(1)Report to Congress

The Secretary of State shall prepare and submit to the Congress, annually, a report concerning diplomatic immunity entitled “Report on Cases Involving Diplomatic Immunity”.

(2)Content of report

In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following:

(A)The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.

(B)Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within the United States, and any additional information provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to believe the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provision of which the Secretary reasonably believes would compromise a criminal investigation or prosecution or which would directly compromise law enforcement or intelligence sources or methods.

(C)Each case described in subparagraph (B) in which the Secretary of State has certified that a person enjoys full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.

(D)The number of United States citizens who are residing in a receiving state and who enjoy full immunity from the criminal jurisdiction of such state under laws extending diplomatic privileges and immunities.

(E)Each case involving a United States citizen under subparagraph (D) in which the United States has been requested by the government of a receiving state to waive the immunity from criminal jurisdiction of the United States citizen.

(F)Whether the Secretary has made the notifications referred to in subsection (c) during the period covered by the report.

(3)“Serious criminal offense” defined

For the purposes of this section, the term “serious criminal offense” means—

(A)any felony under Federal, State, or local law;

(B)any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year;

(C)any crime of violence as defined for purposes of section 16 of title 18; or

(D)(i)driving under the influence of alcohol or drugs;

(ii)reckless driving; or

(iii)driving while intoxicated.

(b)United States policy concerning reform of diplomatic immunity

It is the sense of the Congress that the Secretary of State should explore, in appropriate fora, whether states should enter into agreements and adopt legislation—

(1)to provide jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to immunity from criminal jurisdiction under laws extending diplomatic privileges and immunities; and

(2)to provide that where there is probable cause to believe that an individual who is entitled to immunity from the criminal jurisdiction of the receiving state under laws extending diplomatic privileges and immunities committed a serious crime, the sending state will waive such immunity or the sending state will prosecute such individual.

(c)Notification of diplomatic corps

The Secretary should periodically notify each foreign mission of United States policies relating to criminal offenses committed by individuals with immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.

Notes & Related Subsidiaries

Editorial Notes

Codification section 1 of Pub. L. 105–375, which directed amendment of title I of the State Department Basic Authorities Act of 1956 by adding this section after section 204A, was executed by adding this section after section 204A of title II of the State Department Basic Authorities Act of 1956, to reflect the probable intent of Congress.

§4304b Crimes Committed by Diplomats

Summary

Title 22, §4304b

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata