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

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

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

Page 22 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 254c–1 By the authority vested in me as President of the United States of America by the Diplomatic Relations Act (Public Law 95–393, 92 Stat. 808; 22 U.S.C. 254a et seq.) and Section 301 of Title 3 of the United States Code, in order to implement the liability insurance and other requirements relating to diplomatic personnel, I hereby designate and empower the Secretary of State to perform, without the approval, ratification, or other action of the President, the functions vested or to be vested in the President by Section 4 of Diplomatic Re- lations Act (92 Stat. 809; 22 U.S.C. 254c). § 254c–1. Policy toward certain agents of foreign governments (a) It is the sense of the Congress that the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national secu- rity of the United States should not exceed the respective numbers, status, privileges and im- munities, travel accommodations, and facilities within such country of official representatives of the United States to such country. (b) Omitted. (Pub. L. 98–618, title VI, § 601(a), (b), Nov. 8, 1984, 98 Stat. 3303.) Editorial Notes CODIFICATION Subsec. (b) of this section, which required the Presi- dent to prepare and transmit to the Committee on For- eign Relations and Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and Permanent Select Committee on Intelligence of the House of Representatives a report on the numbers, sta- tus, privileges and immunities, travel, accommoda- tions, and facilities wi

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Page 22 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 254c–1 By the authority vested in me as President of the United States of America by the Diplomatic Relations Act (Public Law 95–393, 92 Stat. 808; 22 U.S.C. 254a et seq.) and Section 301 of Title 3 of the United States Code, in order to implement the liability insurance and other requirements relating to diplomatic personnel, I hereby designate and empower the Secretary of State to perform, without the approval, ratification, or other action of the President, the functions vested or to be vested in the President by Section 4 of Diplomatic Re- lations Act (92 Stat. 809; 22 U.S.C. 254c). § 254c–1. Policy toward certain agents of foreign governments (a) It is the sense of the Congress that the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national secu- rity of the United States should not exceed the respective numbers, status, privileges and im- munities, travel accommodations, and facilities within such country of official representatives of the United States to such country. (b) Omitted. (Pub. L. 98–618, title VI, § 601(a), (b), Nov. 8, 1984, 98 Stat. 3303.) Editorial Notes CODIFICATION Subsec. (b) of this section, which required the Presi- dent to prepare and transmit to the Committee on For- eign Relations and Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and Permanent Select Committee on Intelligence of the House of Representatives a report on the numbers, sta- tus, privileges and immunities, travel, accommoda- tions, and facilities within the United States of official representatives to the United States of any foreign gov- ernment that engages in intelligence activities within the United States harmful to the national security of the United States and the respective numbers, status, privileges and immunities, travel, accommodations, and facilities within such country of official represent- atives of the United States to such country, and any action which may have been taken with respect there- to, terminated, effective May 15, 2000, pursuant to sec- tion 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 33 of House Document No. 103–7. § 254c–2. Repealed. Pub. L. 103–199, title V, § 501(c), Dec. 17, 1993, 107 Stat. 2325 Section, Pub. L. 100–178, title V, § 501, Dec. 2, 1987, 101 Stat. 1014, related to annual report of Attorney General to congressional committees regarding admissions to United States over objections of the Federal Bureau of Investigation of Soviet nationals employed by or as- signed to foreign mission or international organization in United States. § 254d. Dismissal on motion of action against in- dividual entitled to immunity Any action or proceeding brought against an individual who is entitled to immunity with re- spect to such action or proceeding under the Vi- enna 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 proce- dure. (Pub. L. 95–393, § 5, Sept. 30, 1978, 92 Stat. 809.) Statutory Notes and Related Subsidiaries 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. § 254e. Liability insurance for members of mis- sion (a) Compliance with regulations Each mission, members of the mission and their families, and individuals described in sec- tion 19 of the Convention on Privileges and Im- munities of the United Nations of February 13, 1946, shall comply with any requirement im- posed by the regulations promulgated by the Di- rector of the Office of Foreign Missions in the Department of State pursuant to subsection (b). (b) Establishment by regulation of liability insur- ance requirements The Director of the Office of Foreign Missions shall, by regulation, establish liability insur- ance requirements which can reasonably be ex- pected to afford adequate compensation to vic- tims and which are to be met by each mission, members of the mission and their families, and individuals described in section 19 of the Con- vention 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 require- ments 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 de- scribed in section 19 of the Convention on Privi- leges 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). (Pub. L. 95–393, § 6, Sept. 30, 1978, 92 Stat. 809; Pub. L. 98–164, title VI, § 602, Nov. 22, 1983, 97 Stat. 1042.) Editorial Notes AMENDMENTS 1983—Subsec. (a). Pub. L. 98–164, § 602(1), substituted ‘‘Director of the Office of Foreign Missions in the De- partment of State’’ for ‘‘President’’. Subsec. (b). Pub. L. 98–164, § 602(2), inserted provision respecting adequate compensation to victims, and sub- stituted reference to Director for reference to Presi- dent. Subsec. (c). Pub. L. 98–164, § 602(3), substituted ref- erence to Director for reference to President. Statutory Notes and Related Subsidiaries 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. Page 23 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 258 AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 255. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948 Section, R.S. § 4062, related to assaulting, etc., a for- eign minister. See sections 112 and 1545 of Title 18, Crimes and Criminal Procedure. §§ 255a, 255b. Omitted Editorial Notes CODIFICATION Sections, act Feb. 15, 1938, ch. 29, §§ 1, 2, 52 Stat. 30, which related to protection for officers and buildings, jurisdiction of offenses and penalties, and permitted picketing, are of particular application to the District of Columbia. § 256. Jurisdiction of consular officers in dis- putes between seamen Whenever it is stipulated by treaty or conven- tion between the United States and any foreign nation that the consul general, consuls, vice consuls, or consular or commercial agents of each nation, shall have exclusive jurisdiction of controversies, difficulties, or disorders arising at sea or in the waters or ports of the other na- tion, between the master or officers and any of the crew, or between any of the crew them- selves, of any vessel belonging to the nation rep- resented by such consular officer, such stipula- tions shall be executed and enforced within the jurisdiction of the United States as declared in sections 257 and 258 of this title. But before this section shall take effect as to the vessels of any particular nation having such treaty with the United States, the President shall be satisfied that similar provisions have been made for the execution of such treaty by the other con- tracting party, and shall issue his proclamation to that effect, declaring this section to be in force as to such nation. (R.S. § 4079.) Editorial Notes CODIFICATION R.S. § 4079 derived from act June 11, 1864, ch. 116, § 1, 13 Stat. 121. § 257. Arrest of seamen; procedure generally In all cases within the purview of section 256 of this title the consul general, consul, or other consular or commercial authority of such for- eign nation charged with the appropriate duty in the particular case, may make application to any court of record of the United States, or to any judge thereof, or to any United States mag- istrate judge, setting forth that such con- troversy, difficulty, or disorder has arisen, brief- ly stating the nature thereof, and when and where the same occurred, and exhibiting a cer- tified copy or extract of the shipping articles, roll, or other proper paper of the vessel, to the effect that the person in question is of the crew or ship’s company of such vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and dis- cipline of the master and officers of the vessel or that he has refused, or is about to refuse, to sub- mit to and obey the lawful jurisdiction of such consular or commercial authority in the prem- ises; and further stating and certifying that, to the best of the knowledge and belief of the offi- cer certifying, such person is not a citizen of the United States. Such application shall be in writ- ing and duly authenticated by the consular or other sufficient official seal. Thereupon such court, judge, or magistrate judge shall issue his warrant for the arrest of the person so com- plained of, directed to the marshal of the United States for the appropriate district, or in his dis- cretion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place. (R.S. § 4080; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes CODIFICATION R.S. § 4080 derived from act June 11, 1864, ch. 116, § 2, 13 Stat. 121. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act May 28, 1896, abolished the circuit court and re- quired the district court to appoint persons to be known as United States commissioners. ‘‘United States magistrate judge’’ and ‘‘magistrate judge’’ substituted in text for ‘‘United States mag- istrate’’ and ‘‘magistrate’’, respectively, pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. Previously, ‘‘magistrate’’ substituted for ‘‘com- missioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. ACTS APPLICABLE TO COMMISSIONERS OF CIRCUIT COURT ALSO APPLICABLE TO UNITED STATES COMMIS- SIONERS Act Mar. 2, 1901, provided in part that all acts or parts of acts applicable to commissioners of the circuit court, except as to appointment and fees, shall be appli- cable to United States commissioners. § 258. Commitment and discharge If, on such examination, it is made to appear that the person so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such court, judge, or magistrate judge finds, upon the papers referred to in section 257 of this title, a sufficient prima facie case that the mat- ter concerns only the internal order and dis- cipline of such foreign vessel, or whether in its

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

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’’ me

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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.

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

22 U.S.C. § 254c — Extension of more favorable or less favor-

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 Con

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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).

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