CHAPTER 6 —FOREIGN DIPLOMATIC AND CONSULAR OFFICERS
§251. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862 , eff. Sept. 1, 1948
Section, R.S. §4062, related to violation of safe conduct. See
§§252 to 254. Repealed. Pub. L. 95–393, §3(a)(1), Sept. 30, 1978, 92 Stat. 808
Section 252, R.S. §4063, related to the immunity of any ambassador or public minister of any foreign prince or State, or any domestic or domestic servant of any such minister against arrest, imprisonment, or seizure of his goods or chattels.
Section 253, R.S. §4064, related to imprisonment for not more than three years of anyone suing out a writ or process in violation of the provisions of former
Section 254, R.S. §§4065, 4066, related to suits against persons in the service of an ambassador or public minister founded upon a debt contracted before entering such service, and registration of the names of persons serving as domestic servants of an ambassador or a public minister with the State Department.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of
Insurance Coverage of Diplomatic Missions to United States; Reports to Speaker of House of Representatives and President of Senate
§254a. Definitions
As used in this Act—
(1) the term "members of a mission" means—
(A) the head of a mission and those members of a mission who are members of the diplomatic staff or who, pursuant to law, are granted equivalent privileges and immunities,
(B) members of the administrative and technical staff of a mission, and
(C) members of the service staff of a mission,
as such terms are defined in Article 1 of the Vienna Convention;
(2) the term "family" means—
(A) the members of the family of a member of a mission described in paragraph (1)(A) who form part of his or her household if they are not nationals of the United States, and
(B) the members of the family of a member of a mission described in paragraph (1)(B) who form part of his or her household if they are not nationals or permanent residents of the United States,
within the meaning of Article 37 of the Vienna Convention;
(3) the term "mission" includes missions within the meaning of the Vienna Convention and any missions representing foreign governments, individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are enjoyed by missions under the Vienna Convention; and
(4) the term "Vienna Convention" means the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into force with respect to the United States on December 13, 1972.
(
Editorial Notes
References in Text
This Act, referred to in text, means
Amendments
1982—Par. (1)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by
Effective Date
Short Title
Notification of Travel by Accredited Diplomatic and Consular Personnel of the Russian Federation in the United States
"(1) ensure that the Russian Federation provides notification to the Secretary of State at least 2 business days in advance of all travel that is subject to such requirements by accredited diplomatic and consular personnel of the Russian Federation in the United States, and take necessary action to secure full compliance by Russian personnel and address any noncompliance; and
"(2) provide notice of travel described in paragraph (1) to the Director of National Intelligence and the Director of the Federal Bureau of Investigation within 1 hour of receiving notice of such travel."
"(a)
"(1) the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives];
"(2) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and
"(3) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
"(b)
"(c)
"(1) on travel by accredited diplomatic and consular personnel of the Russian Federation who are in the United States; and
"(2) on any known or suspected noncompliance by such personnel with the regime required by subsection (b).
"(d)
"(1) the Secretary of State shall submit to the appropriate committees of Congress a written report detailing the number of notifications submitted under the regime required by subsection (b); and
"(2) the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the appropriate committees of Congress a written report detailing a best estimate of known or suspected violations of such requirements by any accredited diplomatic and consular personnel of the Russian Federation."
§254b. Privileges and immunities of mission of nonparty to Vienna Convention
With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers shall enjoy the privileges and immunities specified in the Vienna Convention.
(
Editorial Notes
Amendments
1982—
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of
§254c. Extension of more favorable or less favorable treatment than provided under Vienna Convention; authority of President
(a) In general
The President may, on the basis of reciprocity and under such terms and conditions as he may determine, specify privileges and immunities for the mission, the members of the mission, their families, and the diplomatic couriers which result in more favorable treatment or less favorable treatment than is provided under the Vienna Convention.
(b) Consular immunity
(1) In general
The Secretary of State, with the concurrence of the Attorney General, may, on the basis of reciprocity and under such terms and conditions as the Secretary may determine, specify privileges and immunities for a consular post, the members of a consular post, and their families which result in more favorable or less favorable treatment than is provided in the Vienna Convention on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), entered into force for the United States on December 24, 1969.
(2) Consultation
Before exercising the authority under paragraph (1), the Secretary of State shall consult with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate regarding the circumstances that may warrant the need for privileges and immunities providing more favorable or less favorable treatment than is provided in the Vienna Convention.
(
Editorial Notes
Amendments
2017—Subsec. (b)(2).
2016—
1982—
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of
Executive Documents
Ex. Ord. No. 12101. Delegation of Functions to Secretary of State Respecting Privileges and Immunities for Diplomatic Missions and Personnel
Ex. Ord. No. 12101, Nov. 17, 1978, 43 F.R. 54195, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By the authority vested in me as President of the United States of America by the Diplomatic Relations Act (
§254c–1. Policy toward certain agents of foreign governments
(a) It is the sense of the Congress that the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national security of the United States should not exceed the respective numbers, status, privileges and immunities, travel accommodations, and facilities within such country of official representatives of the United States to such country.
(b) Omitted.
(
Editorial Notes
Codification
Subsec. (b) of this section, which required the President to prepare and transmit to the Committee on Foreign Relations and Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and Permanent Select Committee on Intelligence of the House of Representatives a report on the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national security of the United States and the respective numbers, status, privileges and immunities, travel, accommodations, and facilities within such country of official representatives of the United States to such country, and any action which may have been taken with respect thereto, terminated, effective May 15, 2000, pursuant to section 3003 of
§254c–2. Repealed. Pub. L. 103–199, title V, §501(c), Dec. 17, 1993, 107 Stat. 2325
Section,
§254d. Dismissal on motion of action against individual entitled to immunity
Any action or proceeding brought against an individual who is entitled to immunity with respect to such action or proceeding under the Vienna Convention on Diplomatic Relations, under
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of
§254e. Liability insurance for members of mission
(a) Compliance with regulations
Each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, shall comply with any requirement imposed by the regulations promulgated by the Director of the Office of Foreign Missions in the Department of State pursuant to subsection (b).
(b) Establishment by regulation of liability insurance requirements
The Director of the Office of Foreign Missions shall, by regulation, establish liability insurance requirements which can reasonably be expected to afford adequate compensation to victims and which are to be met by each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, relating to risks arising from the operation in the United States of any motor vehicle, vessel, or aircraft.
(c) Enforcement of liability insurance requirements
The Director of the Office of Foreign Missions shall take such steps as he may deem necessary to insure that each mission, members of the mission and their families, and individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, who operate motor vehicles, vessels, or aircraft in the United States comply with the requirements established pursuant to subsection (b).
(
Editorial Notes
Amendments
1983—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see
§255. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862 , eff. Sept. 1, 1948
Section, R.S. §4062, related to assaulting, etc., a foreign minister. See
§§255a, 255b. Omitted
Editorial Notes
Codification
Sections, act Feb. 15, 1938, ch. 29, §§1, 2,
§256. Jurisdiction of consular officers in disputes between seamen
Whenever it is stipulated by treaty or convention between the United States and any foreign nation that the consul general, consuls, vice consuls, or consular or commercial agents of each nation, shall have exclusive jurisdiction of controversies, difficulties, or disorders arising at sea or in the waters or ports of the other nation, between the master or officers and any of the crew, or between any of the crew themselves, of any vessel belonging to the nation represented by such consular officer, such stipulations shall be executed and enforced within the jurisdiction of the United States as declared in
(R.S. §4079.)
Editorial Notes
Codification
R.S. §4079 derived from act June 11, 1864, ch. 116, §1,
§257. Arrest of seamen; procedure generally
In all cases within the purview of
(R.S. §4080; May 28, 1896, ch. 252, §19,
Editorial Notes
Codification
R.S. §4080 derived from act June 11, 1864, ch. 116, §2,
Statutory Notes and Related Subsidiaries
Change of Name
Act May 28, 1896, abolished the circuit court and required the district court to appoint persons to be known as United States commissioners.
"United States magistrate judge" and "magistrate judge" substituted in text for "United States magistrate" and "magistrate", respectively, pursuant to section 321 of
Acts Applicable to Commissioners of Circuit Court Also Applicable to United States Commissioners
Act Mar. 2, 1901, provided in part that all acts or parts of acts applicable to commissioners of the circuit court, except as to appointment and fees, shall be applicable to United States commissioners.
§258. Commitment and discharge
If, on such examination, it is made to appear that the person so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such court, judge, or magistrate judge finds, upon the papers referred to in
(R.S. §4081; Mar. 4, 1915, ch. 153, §§16, 17,
Editorial Notes
Codification
R.S. §4081 derived from act June 11, 1864, ch. 116, §2,
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge" substituted in text for "magistrate" pursuant to section 321 of
§258a. Enforcement of awards of foreign consuls
The district courts and the United States magistrate judges shall have power to carry into effect, according to the true intent and meaning thereof, the award or arbitration or decree of any consul, vice consul or commercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, vice consul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge, application for the exercise of such power being first made to such court or magistrate judge, by petition of such consul, vice consul, or commercial agent. And said courts and magistrate judges may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice consul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such consul, vice consul, or commercial agent. The expenses of the said imprisonment and maintenance of the prisoners, and the cost of the proceedings, shall be borne by such foreign government, or by its consul, vice consul, or commercial agent requiring such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the said courts and magistrate judges.
(Mar. 3, 1911, ch. 231, §271,
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judges", "magistrate judge", and "magistrate judges" substituted in text for "United States magistrates", "magistrate", and "magistrates", respectively, pursuant to section 321 of
§259. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, act May 31, 1939, ch. 161,