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

Page 1573 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4305 § 4304b. Crimes committed by diplomats (a) Annual report concerning diplomatic immu- nity (1) Report to Congress The Secretary of State shall prepare and submit to the Congress, annually, a report concerning diplomatic immunity entitled ‘‘Re- port on Cases Involving Diplomatic Immu- nity’’. (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 infor- mation provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to be- lieve the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provi- sion of which the Secretary reasonably be- lieves would compromise a criminal inves- tigation or prosecution or which would di- rectly compromise law enforcement or intel- ligence sources or methods. (C) Each case described in subparagraph (B) in which the Secretary of State has cer- tified 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 extend- ing 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 gov- ernment 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 alco- hol 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 Sec- retary of State should explore, in appropriate fora, whether states should enter into agree- ments and adopt legislation— (1) to provide jurisdiction in the sending state to prosecute crimes committed in the re- ceiving state by persons entitled to immunity from criminal jurisdiction under laws extend- ing diplomatic privileges and immunities; and (2) to provide that where there is probable cause to believe that an individual who is enti- tled to immunity from the criminal jurisdic- tion of the receiving state under laws extend- ing diplomatic privileges and immunities com- mitted 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 relat- ing to criminal offenses committed by individ- uals with immunity from the criminal jurisdic- tion of the United States under laws extending diplomatic privileges and immunities. (Aug. 1, 1956, ch. 841, title II, § 204B, as added Pub. L. 105–375, § 1, Nov. 12, 1998, 112 Stat. 3385.) Editorial Notes CODIFICATION Section 1 of Pub. L. 105–375, which directed amend- ment of title I of the State Department Basic Authori- ties 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 Authori- ties Act of 1956, to reflect the probable intent of Con- gress. § 4305. Property of foreign missions (a) Proposed acquisition, sale, or other disposi- tion (1) The Secretary shall require any foreign mission, including any mission to an inter- national organization (as defined in section 4309(b)(2) of this title), to notify the Secretary prior to any proposed acquisition, or any pro- posed sale or other disposition, of any real prop- erty by or on behalf of such mission. The foreign mission (or other party acting on behalf of the foreign mission) may initiate or execute any contract, proceeding, application, or other ac- tion required for the proposed action— (A) only after the expiration of the 60-day period beginning on the date of such notifica- tion (or after the expiration of such shorter period as the Secretary may specify in a given case); and (B) only if the mission is not notified by the Secretary within that period that the proposal has been disapproved; however, the Secretary may include in such a notification such terms and conditions as the Secretary may deter- mine appropriate in order to remove the dis- approval.