[105th Congress Public Law 375]
[From the U.S. Government Printing Office]
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[DOCID: f:publ375.105]
[[Page 112 STAT. 3385]]
Public Law 105-375
105th Congress
An Act
To amend the State Department Basic Authorities Act of 1956 to require
the Secretary of State to submit an annual report to Congress concerning
diplomatic immunity. <<NOTE: Nov. 12, 1998 - [S. 759]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.
Title I, of the State Department Basic Authorities Act of 1956 (22
U.S.C. 4301 et seq.; commonly referred to as the ``Foreign Missions
Act'') is amended by inserting after section 204A the following new
section:
``SEC. 204B. CRIMES COMMITTED BY DIPLOMATS. <<NOTE: 22 USC 4304b.>>
``(a) Annual Report Concerning Diplomatic Immunity.--
``(1) Report to congress.--The Secretary of State shall
prepare and submit to the Congress, annually, a report
concerning diplomatic immunity entitled ``Report on Cases
Involving Diplomatic Immunity''.
``(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 information provided to the
Secretary relating to other serious criminal offenses
that any such authority had reasonable cause to believe
the alien committed before the period covered by the
report. The Secretary may omit from such report any
matter the provision of which the Secretary reasonably
believes would compromise a criminal investigation or
prosecution or which would directly compromise law
enforcement or intelligence sources or methods.
``(C) Each case described in subparagraph (B) in
which the Secretary of State has certified that a person
enjoys full immunity from the criminal jurisdiction of
the United
[[Page 112 STAT. 3386]]
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 extending 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 government 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, United States Code; or
``(D)(i) driving under the influence of alcohol 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 Secretary of State
should explore, in appropriate fora, whether states should enter into
agreements and adopt legislation--
``(1) to provide jurisdiction in the sending state to
prosecute crimes committed in the receiving state by persons
entitled to immunity from criminal jurisdiction under laws
extending diplomatic privileges and immunities; and
``(2) to provide that where there is probable cause to
believe that an individual who is entitled to immunity from the
criminal jurisdiction of the receiving state under laws
extending diplomatic privileges and immunities committed a
serious crime, the sending state will waive such immunity or the
sending state will prosecute such individual.
[[Page 112 STAT. 3387]]
``(c) Notification of Diplomatic Corps.--The Secretary should
periodically notify each foreign mission of United States policies
relating to criminal offenses committed by individuals with immunity
from the criminal jurisdiction of the United States under laws extending
diplomatic privileges and immunities.''.
Approved November 12, 1998.
LEGISLATIVE HISTORY--S. 759:
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CONGRESSIONAL RECORD:
Vol. 143 (1997):
Nov. 8, considered and passed
Senate.
Vol. 144 (1998):
Oct. 14, considered and passed
House.
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