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

Page 1572 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4304a 1990—Subsec. (b)(5). Pub. L. 101–246, § 116(b)(1), added par. (5). Subsec. (f). Pub. L. 101–246, § 116(b)(2), added subsec. (f). 1985—Subsec. (b). Pub. L. 99–93, § 127(c), inserted ‘‘to forego the acceptance, use, or relation of any benefit or’’ after ‘‘(B)’’ in provisions following par. (4). Subsec. (e). Pub. L. 99–93, § 126(b), substituted ‘‘chap- ter’’ for ‘‘section’’ and was executed by making the sub- stitution to first reference to ‘‘section’’ as the probable intent of Congress. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by section 126(b) of Pub. L. 99–93 effec- tive Oct. 1, 1985, see section 126(e) of Pub. L. 99–93, set out as an Effective Date note under section 4314 of this title. EFFECTIVE DATE Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title. TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4304a. Enforcement of compliance with liability insurance requirements (a) Notice to Secretary by head of foreign mis- sion of lapse or termination of coverage; re- port to Secretary by head of foreign mission respecting motor vehicles, vessels and air- craft registered in United States (1) The head of a foreign mission shall notify promptly the Secretary of the lapse or termi- nation 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 de- scribed in section 19 of the Convention on Privi- leges 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 reg- istered in the United States by members of the mission, members of the families of such mem- bers, 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 ex- tent 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 sec- tion 19 of the Convention on Privileges and Im- munities 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 aircraft in the United States, (2) is not covered by liability insurance, and (3) has not satisfied a court-rendered judg- ment against him or is not legally liable, the Secretary shall impose a surcharge or fee on the foreign mission of which such member or in- dividual is a part, amounting to the unsatisfied portion of the judgment rendered against such member or individual or, if there is no court- rendered judgment, an estimated amount of damages incurred by the victim. The payment of any such surcharge or fee shall be available only for compensation of the victim or his estate. (c) Definitions For purposes of this section— (1) the term ‘‘head of a foreign mission’’ has the same meaning as is ascribed to the term ‘‘head of a mission’’ in Article 1 of the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227); and (2) the terms ‘‘members of a mission’’ and ‘‘family’’ have the same meanings as is as- cribed to them by paragraphs (1) and (2) of sec- tion 254a of this title. (Aug. 1, 1956, ch. 841, title II, § 204A, as added Pub. L. 98–164, title VI, § 603, Nov. 22, 1983, 97 Stat. 1042; amended Pub. L. 103–236, title I, § 162(o)(4), Apr. 30, 1994, 108 Stat. 410.) Editorial Notes AMENDMENTS 1994—Subsecs. (a), (b). Pub. L. 103–236 substituted ‘‘Secretary’’ for ‘‘Director’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title. 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.