22 U.S.C. § 254a — Definitions

Page 20 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 254a such service, and registration of the names of persons serving as domestic servants of an ambassador or a public minister with the State Department. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective at end of ninety-day period begin- ning 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. 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 Con- gress 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 mis- sions to the United States to cover loss or injury aris- ing from the wrongful acts or omissions of the employ- ees of such missions in the United States; and (2) not later than one year after Oct. 31, 1977, a report on what efforts the President and the Secretary of State had made to encourage the provision of such coverage. § 254a. Definitions As used in this Act— (1) the term ‘‘members of a mission’’ means— (A) the head of a mission and those mem- bers of a mission who are members of the diplomatic staff or who, pursuant to law, are granted equivalent privileges and immuni- ties, (B) members of the administrative and technical staff of a mission, and (C) members of the service staff of a mis- sion, 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 govern- ments, 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. (Pub. L. 95–393, § 2, Sept. 30, 1978, 92 Stat. 808; Pub. L. 97–241, title II, § 203(b)(1), Aug. 24, 1982, 96 Stat. 290.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 95–393, Sept. 30, 1978, 92 Stat. 808, known as the Diplomatic Re- lations Act. For complete classification of this Act to the Code, see Short Title note below and Tables. AMENDMENTS 1982—Par. (1)(A). Pub. L. 97–241 substituted ‘‘those members of a mission who are members of the diplo- matic staff or who, pursuant to law, are granted equiv- alent privileges and immunities’’ for ‘‘members of the diplomatic staff of a mission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Pub. L. 95–393, § 9, Sept. 30, 1978, 92 Stat. 810, provided that: ‘‘This Act [see Short Title note below] shall take effect at the end of the ninety-day period beginning on the date of its enactment [Sept. 30, 1978]’’. SHORT TITLE Pub. L. 95–393, § 1, Sept. 30, 1978, 92 Stat. 808, provided that: ‘‘This Act [enacting this section, sections 254b to 254e of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, amending sections 1251 and 1351 of Title 28, repealing sections 252 to 254 of this title, and enacting provisions set out as a note under this section] may be cited as the ‘Diplomatic Relations Act’.’’ NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND CONSULAR PERSONNEL OF THE RUSSIAN FEDERA- TION IN THE UNITED STATES Pub. L. 116–92, div. E, title LXVII, § 6704, Dec. 20, 2019, 133 Stat. 2223, provided that: ‘‘In carrying out the ad- vance notification requirements set out in section 502 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31; 131 Stat. 825; 22 U.S.C. 254a note), the Secretary of State shall— ‘‘(1) ensure that the Russian Federation provides notification to the Secretary of State at least 2 busi- ness days in advance of all travel that is subject to such requirements by accredited diplomatic and con- sular personnel of the Russian Federation in the United States, and take necessary action to secure full compliance by Russian personnel and address any noncompliance; and ‘‘(2) provide notice of travel described in paragraph (1) to the Director of National Intelligence and the Director of the Federal Bureau of Investigation with- in 1 hour of receiving notice of such travel.’’ Pub. L. 115–31, div. N, title V, § 502, May 5, 2017, 131 Stat. 825, as amended by Pub. L. 116–92, div. E, title LXVII, § 6717, Dec. 20, 2019, 133 Stat. 2228, provided that: ‘‘(a) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this section, the term ‘appropriate commit- tees of Congress’ means— ‘‘(1) the congressional intelligence committees [Se- lect Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives]; ‘‘(2) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and ‘‘(3) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Rep- resentatives. ‘‘(b) ADVANCE NOTIFICATION REQUIREMENT.—The Sec- retary of State shall, in coordination with the Director of the Federal Bureau of Investigation and the Director of National Intelligence, establish a mandatory ad- Page 21 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 254c vance notification regime governing all travel by ac- credited diplomatic and consular personnel of the Rus- sian Federation in the United States and take nec- essary action to secure full compliance by Russian per- sonnel and address any noncompliance. ‘‘(c) INTERAGENCY COOPERATION.—The Secretary of State, the Director of the Federal Bureau of Investiga- tion, and the Director of National Intelligence shall de- velop written mechanisms to share information— ‘‘(1) on travel by accredited diplomatic and con- sular personnel of the Russian Federation who are in the United States; and ‘‘(2) on any known or suspected noncompliance by such personnel with the regime required by sub- section (b). ‘‘(d) QUARTERLY REPORTS.—Not later than 90 days after the date of the enactment of this Act [May 5, 2017], and quarterly thereafter, and consistent with the protection of intelligence sources and methods— ‘‘(1) the Secretary of State shall submit to the ap- propriate committees of Congress a written report de- tailing the number of notifications submitted under the regime required by subsection (b); and ‘‘(2) the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the appropriate committees of Congress a written report detailing a best estimate of known or sus- pected violations of such requirements by any accred- ited diplomatic and consular personnel of the Russian Federation.’’ § 254b. Privileges and immunities of mission of nonparty to Vienna Convention With respect to a nonparty to the Vienna Con- vention, the mission, the members of the mis- sion, their families, and diplomatic couriers shall enjoy the privileges and immunities speci- fied in the Vienna Convention. (Pub. L. 95–393, § 3(b), Sept. 30, 1978, 92 Stat. 808; Pub. L. 97–241, title II, § 203(b)(2), Aug. 24, 1982, 96 Stat. 291.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–241 substituted ‘‘With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers’’ for ‘‘Members of the mission of a sending state which has not ratified the Vienna Convention, their families, and the diplomatic couriers of such state,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Section effective at end of ninety-day period begin- ning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of this title. § 254c. Extension of more favorable or less favor- able 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 re- sult in more favorable treatment or less favor- able treatment than is provided under the Vi- enna Convention. (b) Consular immunity (1) In general The Secretary of State, with the concur- rence 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 con- sular post, the members of a consular post, and their families which result in more favor- able or less favorable treatment than is pro- vided in the Vienna Convention on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), en- tered into force for the United States on De- cember 24, 1969. (2) Consultation Before exercising the authority under para- graph (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 For- eign Relations and the Committee on Appro- priations of the Senate regarding the cir- cumstances that may warrant the need for privileges and immunities providing more fa- vorable or less favorable treatment than is provided in the Vienna Convention. (Pub. L. 95–393, § 4, Sept. 30, 1978, 92 Stat. 809; Pub. L. 97–241, title II, § 203(b)(3), Aug. 24, 1982, 96 Stat. 291; Pub. L. 114–323, title V, § 501, Dec. 16, 2016, 130 Stat. 1935; Pub. L. 115–94, § 2(e), Dec. 18, 2017, 131 Stat. 2038.) Editorial Notes AMENDMENTS 2017—Subsec. (b)(2). Pub. L. 115–94 substituted ‘‘and the Committee on Appropriations of the House of Rep- resentatives and the Committee on Foreign Relations and the Committee on Appropriations’’ for ‘‘of the House of Representatives and the Committee on For- eign Relations’’. 2016—Pub. L. 114–323 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1982—Pub. L. 97–241 substituted ‘‘immunities for the mission, the members’’ for ‘‘immunities for members’’ and ‘‘diplomatic couriers which’’ for ‘‘diplomatic couri- ers of any sending state which’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Section effective at end of ninety-day period begin- ning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of this title. Executive Documents EX. ORD. NO. 12101. DELEGATION OF FUNCTIONS TO SEC- RETARY OF STATE RESPECTING PRIVILEGES AND IMMU- NITIES FOR DIPLOMATIC MISSIONS AND PERSONNEL Ex. Ord. No. 12101, Nov. 17, 1978, 43 F.R. 54195, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: