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22 U.S.C. § 254a — Definitions

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 254a — Definitions

As used in this Act— (1) the term “members of a mission” means— (A) the head of a mission and those members of a mission who are members of the diplomatic staff or who, pursuant to law, are granted equivalent privileges and immunities, (B) members of the administrative and technical staff of a mission, and (C) members of the service staff of a mission, as such terms are defined in Article 1 of the Vienna Convention; (2) the term “family” means— (A) the members of the family of a member of a mission described in paragraph (1)(A) who form part of his or her household if they are not nationals of the United States, and (B) the members of the family of a member of a mission described in paragraph (1)(B) who form part of his or her household if they are not nationals or permanent residents of the United States, within the meaning of Article 37 of the Vienna Convention; (3) the term “mission” includes missions within the meaning of the Vienna Convention and any missions representing foreign governments, individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are enjoyed by missions under the Vienna Convention; and (4) the term “Vienna Convention” means the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into force with respect to the United States on December 13, 1972.

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Stable record: federal_law:legal_authorities:record_usc_20ffd6989eae7ae4261ca402
Source file: Laws/federal/codes/united-states-code/title-22/section-254a-definitions--45e8539097.md
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Source location: Title 22, Chapter 6, § 254a; chapter-006-foreign-diplomatic-and-consular-officers.md

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As used in this Act— (1) the term “members of a mission” means— (A) the head of a mission and those members of a mission who are members of the diplomatic staff or who, pursuant to law, are granted equivalent privileges and immunities, (B) members of the administrative and technical staff of a mission, and (C) members of the service staff of a mission, as such terms are defined in Article 1 of the Vienna Convention; (2) the term “family” means— (A) the members of the family of a member of a mission described in paragraph (1)(A) who form part of his or her household if they are not nationals of the United States, and (B) the members of the family of a member of a mission described in paragraph (1)(B) who form part of his or her household if they are not nationals or permanent residents of the United States, within the meaning of Article 37 of the Vienna Convention; (3) the term “mission” includes missions within the meaning of the Vienna Convention and any missions representing foreign governments, individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are enjoyed by missions under the Vienna Convention; and (4) the term “Vienna Convention” means the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into force with respect to the United States on December 13, 1972.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4301 — Congressional declaration of findings and policy

**(a) Findings** The Congress finds that the operation in the United States of foreign missions and public international organizations and the official missions to such organizations, including the permissible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction. **(b) Policy** The Congress declares that it is the policy of the United States to support the secure and efficient operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international organizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observance of corresponding obligations in accordance with international law. **(c) Treatment of foreign missions in United States** The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due consideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represented by that foreign mission, as well as matters relating to the protection of the interests of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1364 — Direct actions against insurers of members of diplomatic missions and their families

**(a)** The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission (within the meaning of section 2(3) of the Diplomatic Relations Act ([22 U.S.C. 254a(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section254a/3&num=0&edition=prelim))) or a member of the family of such a member of a mission, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, against liability for personal injury, death, or damage to property. **(b)** Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensable party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 252 to 254 — Repealed. Pub. L. 95–393, § 3(a)(1), Sept. 30, 1978, 92 Stat. 808

### Statutory Notes Section 252, R.S. § 4063, related to the immunity of any ambassador or public minister of any foreign prince or State, or any domestic or domestic servant of any such minister against arrest, imprisonment, or seizure of his goods or chattels. Section 253, R.S. § 4064, related to imprisonment for not more than three years of anyone suing out a writ or process in violation of the provisions of former [section 252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section252&num=0&edition=prelim), granting diplomatic immunity to certain persons. Section 254, R.S. §§ 4065, 4066, related to suits against persons in the service of an ambassador or public minister founded upon a debt contracted before entering such service, and registration of the names of persons serving as domestic servants of an ambassador or a public minister with the State Department. #### Effective Date of Repeal Repeal effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as an Effective Date note under [section 254a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section254a&num=0&edition=prelim). #### Insurance Coverage of Diplomatic Missions to United States; Reports to Speaker of House of Representatives and President of Senate Pub. L. 95–148, title V, § 510(1), (2), Oct. 31, 1977, 91 Stat. 1240, provided that it was the sense of the Congress that the Secretary of State should prepare and submit to the Speaker of the House of Representatives and to the President of the Senate: (1) not later than six months after Oct. 31, 1977, a report on the adequacy of insurance provided by the accredited diplomatic missions to the United States to cover loss or injury

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 252 to 254

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 254b — Privileges and immunities of mission of nonparty to Vienna Convention

With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers shall enjoy the privileges and immunities specified in the Vienna Convention.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 254b

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 254c — Extension of more favorable or less favorable treatment than provided under Vienna Convention; authority of President

**(a) In general** The President may, on the basis of reciprocity and under such terms and conditions as he may determine, specify privileges and immunities for the mission, the members of the mission, their families, and the diplomatic couriers which result in more favorable treatment or less favorable treatment than is provided under the Vienna Convention. **(b) Consular immunity** (1) **In general** — The Secretary of State, with the concurrence of the Attorney General, may, on the basis of reciprocity and under such terms and conditions as the Secretary may determine, specify privileges and immunities for a consular post, the members of a consular post, and their families which result in more favorable or less favorable treatment than is provided in the Vienna Convention on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), entered into force for the United States on December 24, 1969. (2) **Consultation** — Before exercising the authority under paragraph (1), the Secretary of State shall consult with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate regarding the circumstances that may warrant the need for privileges and immunities providing more favorable or less favorable treatment than is provided in the Vienna Convention.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 254c

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 254d — Dismissal on motion of action against individual entitled to immunity

Any action or proceeding brought against an individual who is entitled to immunity with respect to such action or proceeding under the Vienna Convention on Diplomatic Relations, under section 254b or 254c of this title, or under any other laws extending diplomatic privileges and immunities, shall be dismissed. Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of procedure.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 254e — Liability insurance for members of mission

**(a) Compliance with regulations** Each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, shall comply with any requirement imposed by the regulations promulgated by the Director of the Office of Foreign Missions in the Department of State pursuant to subsection (b). **(b) Establishment by regulation of liability insurance requirements** The Director of the Office of Foreign Missions shall, by regulation, establish liability insurance requirements which can reasonably be expected to afford adequate compensation to victims and which are to be met by each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, relating to risks arising from the operation in the United States of any motor vehicle, vessel, or aircraft. **(c) Enforcement of liability insurance requirements** The Director of the Office of Foreign Missions shall take such steps as he may deem necessary to insure that each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, who operate motor vehicles, vessels, or aircraft in the United States comply with the requirements established pursuant to subsection (b).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 254e

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4304a — Enforcement of compliance with liability insurance requirements

**(a) Notice to Secretary by head of foreign mission of lapse or termination of coverage; report to Secretary by head of foreign mission respecting motor vehicles, vessels and aircraft registered in United States** (1) The head of a foreign mission shall notify promptly the Secretary of the lapse or termination of any liability insurance coverage held by a member of the mission, by a member of the family of such member, or by an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946. (2) Not later than February 1 of each year, the head of each foreign mission shall prepare and transmit to the Secretary a report including a list of motor vehicles, vessels, and aircraft registered in the United States by members of the mission, members of the families of such members, individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, and by the mission itself. Such list shall set forth for each such motor vehicle, vessel, or aircraft— (A) the jurisdiction in which it is registered; (B) the name of the insured; (C) the name of the insurance company; (D) the insurance policy number and the extent of insurance coverage; and (E) such other information as the Secretary may prescribe. **(b) Surcharge or fee covering unsatisfied part of judgment; preconditions for imposition** Whenever the Secretary finds that a member of a foreign mission, a member of the family of such member, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946— (1) is at fault for personal injury, death, or property damage arising out of the operation of a motor vehicle, vessel, or air

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4304a

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1251 — Original jurisdiction

**(a)** The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States. **(b)** The Supreme Court shall have original but not exclusive jurisdiction of: (1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties; (2) All controversies between the United States and a State; (3) All actions or proceedings by a State against the citizens of another State or against aliens.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1351 — Consuls, vice consuls, and members of a diplomatic mission as defendant

The district courts shall have original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against— (1) consuls or vice consuls of foreign states; or (2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act).

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1351

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