§ 2728. — Crimes committed by diplomats.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2728]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2728. Crimes committed by diplomats
(a) Annual report concerning diplomatic immunity
(1) Report to Congress
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''.
(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 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) of this section 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 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.
(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.
(Aug. 1, 1956, ch. 841, title I, Sec. 56, as added Pub. L. 105-277, div.
G, subdiv. B, title XXII, Sec. 2217, Oct. 21, 1998, 112 Stat. 2681-815.)
