§ 4304a. — Enforcement of compliance with liability insurance requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4304a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
Sec. 4304a. Enforcement of compliance with liability insurance
requirements
(a) Notice to Secretary by head of foreign mission of lapse or
termination of coverage; report to Secretary by head of foreign
mission respecting motor vehicles, vessels and aircraft
registered in United States
(1) The head of a foreign mission shall notify promptly the
Secretary of the lapse or termination of any liability insurance
coverage held by a member of the mission, by a member of the family of
such member, or by an individual described in section 19 of the
Convention on Privileges and Immunities of the United Nations of
February 13, 1946.
(2) Not later than February 1 of each year, the head of each foreign
mission shall prepare and transmit to the Secretary a report including a
list of motor vehicles, vessels, and aircraft registered in the United
States by members of the mission, members of the families of such
members, individuals described in section 19 of the Convention on
Privileges and Immunities of the United Nations of February 13, 1946,
and by the mission itself. Such list shall set forth for each such motor
vehicle, vessel, or aircraft--
(A) the jurisdiction in which it is registered;
(B) the name of the insured;
(C) the name of the insurance company;
(D) the insurance policy number and the extent of insurance
coverage; and
(E) such other information as the Secretary may prescribe.
(b) Surcharge or fee covering unsatisfied part of judgment;
preconditions for imposition
Whenever the Secretary finds that a member of a foreign mission, a
member of the family of such member, or an individual described in
section 19 of the Convention on Privileges and Immunities of the United
Nations of February 13, 1946--
(1) is at fault for personal injury, death, or property damage
arising out of the operation of a motor vehicle, vessel, or aircraft
in the United States,
(2) is not covered by liability insurance, and
(3) has not satisfied a court-rendered judgment against him or
is not legally liable,
the Secretary shall impose a surcharge or fee on the foreign mission of
which such member or individual is a part, amounting to the unsatisfied
portion of the judgment rendered against such member or individual or,
if there is no court-rendered judgment, an estimated amount of damages
incurred by the victim. The payment of any such surcharge or fee shall
be available only for compensation of the victim or his estate.
(c) Definitions
For purposes of this section--
(1) the term ``head of a foreign mission'' has the same meaning
as is ascribed to the term ``head of a mission'' in Article 1 of the
Vienna Convention on Diplomatic Relations of April 18, 1961
(T.I.A.S. numbered 7502; 23 U.S.T. 3227); and
(2) the terms ``members of a mission'' and ``family'' have the
same meanings as is ascribed to them by paragraphs (1) and (2) of
section 254a of this title.
(Aug. 1, 1956, ch. 841, title II, Sec. 204A, as added Pub. L. 98-164,
title VI, Sec. 603, Nov. 22, 1983, 97 Stat. 1042; amended Pub. L. 103-
236, title I, Sec. 162(o)(4), Apr. 30, 1994, 108 Stat. 410.)
Amendments
1994--Subsecs. (a), (b). Pub. L. 103-236 substituted ``Secretary''
for ``Director'' wherever appearing.
