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28 U.S.C. § 1351 — Consuls, vice consuls, and members of a diplomatic mission as defendant
Federal law — U.S. Code and appendices · legal_authorities
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).
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Source location: Title 28, Chapter 85, § 1351; chapter-085-district-courts-jurisdiction.md
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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).
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1251
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Federal law — U.S. Code and appendices · legal_authorities
Page 378
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1351
‘‘(C) the threat of imminent death; or
‘‘(D) the threat that another individual will im-
minently be subjected to death, severe physical
pain or suffering, or the administration or applica-
tion of mind altering substances or other proce-
dures calculated to disrupt profoundly the senses or
personality.’’
§ 1351. Consuls, vice consuls, and members of a
diplomatic mission as defendant
The district courts shall have original juris-
diction, 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).
(June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949,
ch. 139, § 80(c), 63 Stat. 101; Pub. L. 95–393,
§ 8(a)(1), Sept. 30, 1978, 92 Stat. 810.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., §§ 41(18), 371(8) (Mar.
3, 1911, ch. 231, §§ 24, par. 18, 256, par. 8, 36 Stat. 1093,
1160).
Words ‘‘civil action’’ were substituted for ‘‘suits,’’
and ‘‘all suits and proceedings’’ in view of Rule 2 of the
Federal Rules of Civil Procedure.
Changes were made in phraseology.
Editorial Notes
REFERENCES IN TEXT
Section 2 of the Diplomatic Relations Act, referred to
in par. (2), is classified to section 254a of Title 22, For-
eign Relations and Intercourse.
AMENDMENTS
1978—Pub. L. 95–393 substituted ‘‘Consuls, vice con-
suls, and members of a diplomatic mission as defend-
ant’’ for ‘‘Consuls and vice consuls as defendants’’ in
section catchline, designated existing provisions as in-
troductory provision preceding par. (1), and in such in-
troductory provision as so designated, substituted
‘‘
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1351
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