22 U.S.C. § 2728 — Crimes committed by diplomats
submitted 70 years ago by Pub. L. 105-277 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 588 words · no verdicts yet
The Secretary must submit annual reports about diplomatic immunity and serious offenses involving people with immunity. Congress also states policies the Secretary should explore and requires periodic notice to foreign missions.
(a) Annual diplomatic-immunity report. (1) Beginning 180 days after October 21, 1998, and every year afterward, the Secretary must prepare and send Congress a report called "Report on Cases Involving Diplomatic Immunity." (2) Besides other information the Secretary considers appropriate, it must include: (A) the number of people in the United States with complete immunity from United States criminal jurisdiction under diplomatic-privilege laws; (B) each case involving such an alien in which a State, local, or United States authority told the State Department it had reasonable cause to believe the alien committed a serious criminal offense in the United States, plus information given to the Secretary about other serious offenses that authority reasonably believed the alien committed before the report period. The Secretary may leave out information reasonably believed to compromise a criminal investigation or prosecution or directly compromise law-enforcement or intelligence sources or methods; (C) each case in (B) in which the Secretary certified that the person has complete immunity; (D) the number of United States citizens in a receiving country who have complete immunity from that country's criminal jurisdiction under diplomatic-privilege laws; (E) each case involving such a citizen in which the receiving country's government asked the United States to waive the citizen's criminal immunity; and (F) whether the Secretary made the subsection (c) notifications during the report period. (3) "Serious criminal offense" means (A) a felony under federal, State, or local law; (B) a federal, State, or local offense punishable by more than 1 year in prison; (C) a crime of violence as defined for section 16 of title 18; or (D) driving under the influence of alcohol or drugs, reckless driving, or driving while intoxicated.
(b) United States policy on reform. Congress says the Secretary should explore in appropriate forums whether countries should make agreements and laws: (1) giving the sending country jurisdiction to prosecute crimes committed in the receiving country by people protected by diplomatic immunity; and (2) providing that, when probable cause indicates an immune person committed a serious crime, the sending country will waive immunity or prosecute the person.
(c) Notice to diplomatic corps. The Secretary should periodically notify each foreign mission of United States policies about offenses committed by people immune from United States criminal jurisdiction under diplomatic-privilege laws.
180 days after October 21, 1998, and annually thereafter, the Secretary of State shall prepare and submit to the Congress, a report concerning diplomatic immunity entitled “Report on Cases Involving Diplomatic Immunity”.
In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following:
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.
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.
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 States under laws extending diplomatic privileges and immunities.
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.
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.
Whether the Secretary has made the notifications referred to in subsection (c) during the period covered by the report.
For the purposes of this section, the term “serious criminal offense” means—
any felony under Federal, State, or local law;
any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year;
any crime of violence as defined for purposes of section 16 of title 18; or
driving under the influence of alcohol or drugs;
reckless driving; or
driving while intoxicated.
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—
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
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.
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.
Source credit: (Aug. 1, 1956, ch. 841, title I, § 56, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2217, Oct. 21, 1998, 112 Stat. 2681–815.)
- 1956Enacted · Pub. L. 105-277 · 112 Stat. 2681
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1956-08-01.
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