[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 42 Introduced in House (IH)]







105th CONGRESS
  1st Session
H. CON. RES. 42

Regarding the waiver of diplomatic immunity in cases involving serious 
                           criminal offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1997

Mr. Duncan (for himself, Mr. Lipinski, Mr. Traficant, and Mrs. Myrick) 
 submitted the following concurrent resolution; which was referred to 
                the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Regarding the waiver of diplomatic immunity in cases involving serious 
                           criminal offenses.

Whereas the United States was founded on the principle that all men are equal 
        before the law and anyone, rich or poor, is entitled to the protection 
        of the law and also subject to just penalties under the law;
Whereas international treaties regarding diplomatic and consular immunity place 
        diplomatic and consular officials from foreign countries in the unique 
        situation of being above the law and not subject to prosecution for 
        criminal offenses committed in the United States;
Whereas recent events indicate that this situation is endangering the safety and 
        security of citizens and other persons residing in the United States;
Whereas in the vehicular manslaughter case involving a Georgian diplomat in 
        Washington, the Department of State has been able to secure the 
        agreement of the Georgian Government to waive the diplomat's immunity; 
        and
Whereas it is incumbent on the President and Secretary of State to alleviate the 
        injustice of the situation regarding diplomatic and consular immunity: 
        Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that--
            (1) the President and Secretary of State should take all 
        necessary steps to ensure that whenever there is probable cause 
        to believe that an individual who is entitled to immunity from 
        the criminal jurisdiction of the United States, due to 
        diplomatic or consular immunity, may have committed a serious 
        criminal offense, the country such individual represents waives 
        the immunity of that individual; and
            (2) whenever there is probable cause to believe that a 
        United States individual who is entitled to immunity from the 
        criminal jurisdiction of a foreign country due to diplomatic or 
        consular immunity commits a serious criminal offense, the 
        United States should waive the individual's immunity.
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