LETTER TO WILLIAM H. WEBSTER FROM SELWA ROOSEVELT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90G01353R001300070002-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 33
• Document Creation Date: December 27, 2016
• Document Release Date: February 7, 2013
• Sequence Number: 2
• Publication Date: March 28, 1988
• Content Type: LETTER

STAT
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al, al- di 'V VA. V LI A. .1, ? ?C-11.\lAT
TO:
ROUTING SLIP
ACTION
INFO
DATE
INITIAL
1
DCI
X (w/o
Report)
2
DDCI
x (w/o
Report)
3
EXDIR
x (w/o
Report)
4
D/ICS
5
DDI
6
DDA
7
DDO
8
DDS&T
9
Chm/NIC
10
GC
11
IG
12
Compt
13
D/OCA
14
D/PAO
15
D/PERS
16
D/Ex Staff
17
18
19
20
21
--i-2-)E-R
SUSPENSE
Date
Remarks Full report (150 + pages) being
routed thru OCA, OGC & DDA.
STAT
0/Execu Serretary
4 k6r 88
Date
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ROUTING AND TRANSMITTAL SLIP . 4 Apr 88
?.",
TO: (Name, office symbol, room number,
building, Agency/Post)
1. D / OCA
Initials
Date
2. OGC
& DDA
4.
5. (In Turn please)
Action
File
Note and Return
Approval
For Clearance
Per Conversation
As Requested
For Correction
Prepare Reply
irculate
For Your Information
See Me
!Comment
Investigate
Signature
Coordination
Justify
REMARKS
DCl/DDCI Exdir furnished copy of trans
Ltr only.
STAT
DO NOT use this form as a RECORD of approvals, concurrences, disposals,
clearances, and similar actions
FROM: (Name, org. symbol, Agency/Post)
ES
Room No.--Bldg.
Phone No
S041-102
* GPO : 1983 0 - 381-529 (301)
OPTIONAL FORM 41 (Rev. 7-76)
Prescribed by GSA
MAR (41 CM) 101-11.206
L- / -h?
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Any need for a short respnse from DCI?
and Do you want report routed to: OCA, OGC,
&DDA?
STAT
Thanks
e
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United States Department of State
The Chief of Protocol
Washington, D.C. 2
March 28, 1988
Dear Bill:
tuatuReist
1_2-0373x/1
I wanted to keep you informed of developments
pertaining to Congressional interest in diplomatic
immunity and therefore am forwarding the enclosed copy
of the Department's response to a Congressional request
for a report on the subject.
With best wishes,
Enclosure:
Sincerely,
Selw ooseve
Copy of Report dated March 18, 1988.
The Honorable
William H. Webster,
Director of Central Intelligence.
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FOREIGN RELATIONS AUTHORIZATION ACT
FISCAL YEARS 1988 AND 1989
P.L. 100-204
SECTION 137
STUDY AND REPORT,
CONCERNING THE STATUS OF INDIVIDUALS
WITH DIPLOMATIC IMMUNITY IN THE UNITED STATES
PREPARED BY
UNITED STATES
DEPARTMENT OF STATE
MARCH 18, 1988
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United States Department of State
ett'AII/3/T
Guidance for
Law Enforcement Officers
Personal Rights and Immunities of
Foreign Diplomatic and Consular Personnel
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? ROUTING SLIP
TO:
ACTION
INFO
DATE
INITIAL
1
DCI
X
2
DDCI
X
3
EXDIR
X
4
D/ICS
5
DDI
6
DDA
X
7
DDO
X
8
DDS&T
9
Chm/NIC
10
GC
X
11
IG
12
Compt
13
D/OCA
X
14
D/PAO
15
D/PERS
16
D/Ex Staff
X
17
Counsel/DCI
X
18
1910.\...._
2
21
22
SUSPENSE
Dote
Remarks
STAT
E xecutiVe Secretary
3 Feb '88
Date
3637 (1m")
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United States Department of State
The Chief of Protocol
Washington, D.C. 20520
January 27, 1988
The Honorable
William H. Webster
Director of Central Intelligence
Washington, D.C. 20505
Dear Bill:
fingooll
88-0373X
I ,am writing to you in further regard to recent
Congressional interest in the subject of diplomatic immunity.
Last summer I forwarded a copy of my testimony before the
Senate Foreign Relations Committee on S. 1437, a bill which
would have eliminated immunity in certain cases. Although that
legislation was not enacted, Section 137 of the State
Department Authorization Act requires the study and submission
of a report by the Secretary of State concerning the status of
individuals with diplomatic immunity in the United States.
For your further information, enclosed is a copy of the
Congressional Record which sets forth this proposal in detail.
Sincerely,
Selwa?ROoseGlt
Enclosure:
As stated.
1.- I 10-lr
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$ '? ; ? *. ? ? 41..R;???
. .
'CONGRESSIONAL RECORD 7??? HOUSE
SEC 157. STUDY- AND REPORT CONCERNING THE..
STATUS OF INDIVIDUALS WITH DIPLO-
MATIC IMMUNITY IN TUE UNITED
STATES. ?
(a).SrtroY.?The Secretary shall undertake
a. study of the minimum liability insurance
coverage required for members of foreign ?
, missions and their families and the feaSibii-
.ity of requiring an increase in. such mini-'
mum coverage. In conducting such study,
. the Secretary shall consult with members of
the insurance industry, officials of State in-
surance regulatory bodies, and other experts,
as appropriate. The study shall consider the
following: ? ? ? ? ? . :??? ??? ? ? ?? ? .?
? (11 The adequacy of the currently required
insurance minimums...including the experi-
ences of injured parties. . ? ". .
(2) The feasibility and projected cost of in-
creasing the current minimum coverages to
$1,000,000 or some lesser amount in the corn-
'mercia/ insurance market, including consid-
eration of individual umbrella policies to
provide additional coverage above the cur-
rent minimum.. -.- ? :--.? -????? ???
.?,13) The feasibility and cost of requiring
additicmal .coverage :up .,.to $1,000,000
..thro-ugh a single group insurance arrange- ,
men4 a.dministered by the Department, pro- ?
viding umbrella coverage for the entire class
? of foreign officials who are immune from
.the jurisdiction of the United States. .? ? ?
? ? (4) The consequences to United States mis-
? sions abroad, including their costs of oper-
ation, that might reasonably be anticipated
as a result of requiring an increase in the
'insurance costs of foreign missions in the ,
United States.' *. A??" ?
? (5) Any other iltILCS and recommendations ?
the Secretary may consider appropriate. .1. ?
?? (b1 RE.ronr.?The Secretary shall compile a
report to the Congress concerning the prob-
lem arising from diplomatic immunity from
criminal prosecution and from civil suit.
The report shall set forth the background of
the various issues arising from the problem,
the extent of the problem, an analysis of pro-
posed and other potential measures to ad-
dress the problem (including an analysis of
the .costs asIsociated with and difficulties of
-implementing the various proposa131, con-
sider the potential and likely impact upon
United States diplomatic personnel of ac-
tions in other nations that are comparable
to such proposals, and make recommenda-
tions for addressing the problem with re- ?
sped to the following:
(11 The collection of debts owed by foreign
missions and members of such missions and
their families Co individuals. and entities in
the United States.
(2) A detailed catalog of incidents of seri-
ous criminal offenses by persons entitled to
? immunity under the Vienna Convention on
Diplomatic Relations and other treaties to
assist in developing an understanding of the
extent of theyroblem.
(3) The feasibility of having the Depart-
ment of State develop and periodically
submit to the Congress a. report .concern-
ing? . ? . ? .
(Al serious criminal offenses committed in
(he United States by individuals entitled to
immunity from the criminal jurisdiction of
the United States; and
(B) delinquency in the payment of debts
owed by foreign missions and members of
,such missions and their families to Individ-
uals and entities in the United States.
Decembe,
14, 1987
?
(4) Methods for improving the education
of law enforcement officiaLs on the extent of
immunity pm:witted to members of foreign
missions and their families under the
Vienna Convention on Diplomatic Rela-
tions and other treaties.
(5) Proposals to. assure that law enforce-
ment officials fully investigate, charge, and
institute and maintain prosecution of mem-
bers of foreign missions and their families
to the extent consistent with the obligations
of the United States under the Vienna Con-
.vention on Diplomatic Relations and other
!treaties.
- (6) The extent to which existing practices
:regarding the circumstances under which
' diplomatic visas under section 101(a)(15)(A)
of the Immigration and Nationality Act are
issued and revoked are adequate to ensure
the integrity of the diplomatic visa category.
? (71 The extent to which current registra-
1 lion and documentation requirements fully
and accurately identify individuals entitled
to diplomatic immunity.
(8) The extent to which the Department of
State is able to identify diplomats allegedly
involved in Serious crithes in the United
States so as to initiate their removal from
the United States and the extent to which
existing law may be inadequate to prevent
the subsequent readmission of such individ-
uals under nonimmigrant and immigrant
categories unrelated to section 101(a)(15)(A)
_of the Immigration and Nationality Act.
(9) A comparison -of the procedures for the
issuance of visas to diplomats from foreign
nations to the United States and interna-
tional organizations with the procedures ac-
corded to United States diplomats to such I
nations and to international organizations'
in such nations, and recommendations to.
achieve reciprocity in such procedures.
(101(A) A review of the definition of the
term 'family" under the Diplomatic Rela-
tions Act.
(B) An evaluation of the effect of amend-
ments to the term 'family" on the number of
persons entitled to diplomatic immunity in
the United States.
(Cl An evaluation of the potential effect of
various amendments to the term 'family"
under the Diplomatic Relations Act on the
number of serious criminal offenses commit-
ted in the United States by members of for-
eign missions and their families entitled to
immunity from the criminal jurisdiction of
the United States. ?
(11) An examination of all possible nieas-
tires to prevent the use of diplomatic pouch-
es for the illicit ?transporta tion of narcotics,
explosives, or weapons.
(12) An examination of the considerations
In establishing a fund for compensating the
victims of crimes committed by persons en-
titled to immunity from criminal prosecu-
? lion under Me Vienna Convention on Diplo-
? matic Relations and other treaties, includ-
ing the feasibility of establishing an insur-
ance fund financed by foreign ?missions.
(c) CONCIRESS.?Not more than 90 days
after the date of enactment of this Act, the
findings and recommendations of the study
.under subsection (a) and the report under
subsection (b) shall be submitted to the Com-
mittee on the Judiciary and the Committee
? on Foreign Relations of the Senate and the
Committee on the Judiciary and the Com-
mittee on Foreign Affairs of the House of
Representatives. - ? ' ?
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DEPARTMENT OF STATE, U.S.A. AN EQUAL OPPORTUNITY EMPLOYER
"WASHINGTON, D. C. 20520
OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE. 8300
The Honorable
William H. Webster
Director of Central Intellig
Washington, D.C. 20505
E'AND FEES PAID
ENT OF STATE
A-501
JEWEJ
FEB 0 2 19$$
X-RAtt
115 ;-?
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MEI 7/27/87
?
STATEMENT OF.SELWA ROOSEVELT
CHIEF OF PROTOCOL
DEPARTMENT OF STATE
BEFORE THE COMMITTEE ON FORE/GN RELATIONS
UNITED STATES SENATE
ON AUGUST 5, 1987
WW1 WW1 ? F11.1 .1.14 1 r W/q1H1 !2 :?t LBAE/L0
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STATEMENT OF SUWA ROOSEVELT
CHIEF OF PROTOCOL
DEPARTMENT OF STATE
BEFORE THE COMMITTEE ON FOREIGN RELATIONS
UNITED STATES SENATE
ON AUGUST 5. 1987
I AM SELWA ROOSEVELT, CHIEF OF PROTOCOL. I APPEAR HERE
TODAY PURSUANT TO THE INVITATION EXTENDED TO THE DEPARTMENT OF
STATE BY CHAIRMAN PELL TO SUBMIT THE DEPARTMENT'S VIEWS ON
S. 1437, INTRODUCED BY SENATOR HELMS. WITH NE ARE MR. RICHARD
GOOKIN, ASSOCIATE CHIEF OF PROTOCOL AND MS. 30AN DONOHUE,
ATTORNEY-ADVISER AT THE DEPARTMENT OF STATE.
I AM RESPONSIBLE FOR THE ACCREDITATION OF FOREIGN
GOVERNMENT PERSONNEL IN THE UNITED STATES. BY VIRTUE OF THEIR
STATUS AS MEMBERS OF DIPLOMATIC MISSIONS. CONSULAR POSTS AND
,^tr
INTERNATIONAL ORGANIZATIONS. THEY ARE ENTITLED TO CERTAIN
PRIVILEGES AND IMMUNITIES.
MR. CHAIRMAN. I HAVE A WRITTEN STATEMENT FOR THE
COMMITTEE. WITH YOUR PERMISSION, I WOULD LIKE TO READ IT.
AT THE OUTSET. I WANT TO MAKE VERY CLEAR THAT THE
DEPARTMENT OF STATE ABHORS ANY WRONG-DOING ON THE PART OF
PERSONS ENTITLED TO DIPLOMATIC IMMUNITY. I AM NOT HERE TO
DEFEND .THE INDEFENSIBLE, WHETHER FOR PETTY OR LARGE CRIMES.
THE SERIOUS ABUSES - ALTHOUGH RARE - WHICH HAVE BROUGHT THIS
.r 44H R1ngl H/3.11J1 Eie:OT LB/TE/LO
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. . .
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2 ?
MATTER TO YOUR ATTENTION CONCERN ME DEEPLY AND I HAVE WORKED
HARD DURING MY FIVE YEARS AS CHIEF OF PROTOCOL TO INSTITUTE A
MORE EFFECTIVE RESPONSE TO ALLEGATIONS OF DIPLOMATIC CRIME. I
HAVE ESTABLISHED A REPUTATION IN THE DIPLOMATIC COMMUNITY FOR
TOUGHNESS. I CANNOT EMPHASIZE HOW STRONGLY / FEEL AND HAVE
ALWAYS FELT ABOUT THIS. AT THE SAME TIME, WE HAVE TO BRING
RATIONAL THINKING TO A SUBJECT WHERE THERE ARE NO WINNERS. WE
MUST WEIGH EXTREME REMEDIAL MEASURES AGAINST THE GREATER GOOD.
THE DEPARTMENT OF STATE HAS GIVEN CAREFUL CONSIDERATION TO
THE BILL UNDER DISCUSSION WHICH. IF ENACTED. WOULD PROVIDE THAT
uos.MEMBERS OF A FOREIGN DIPLOMATIC MISSION (OTHER THAN
DIPLOMATIC AGENTS) AND MEMBERS OF A FOREIGN CONSULAR POST
(OTHER THAN CONSULAR OFFICERS) SHALL NOT BE ENTITLED TO
IMMUNITY FROM THE CRIMINAL jURISD/CTION OF THE UNITED STATES
. (OR OF ANY STATE) FOR ANY CRIME OF VIOLENCE, AS DEFINED IN
SECTION 16 OF TITLE 16, UNITED STATES CODE, OR FOR RECKLESS
DRIVING OR DRIVING WHILE INTOXICATED OR UNDER THE INFLUENCE OF
ALCOHOL OR DRUGS." MORE SPECIFICALLY. THE LACK OF ENTITLEMENT
TO IMMUNITY IN SUCH CIRCUMSTANCES WOULD APPLY TO THE fAMILY
bEMBERS OF DIPLOMATS AND TO THE MEMBERS OF THE ADMINISTRATIVE
Op TECHNICAL STAFF OF DIPLOMATIC MISSIONS AND THEIR FAMILY
MEMBERS AND TO AEMBERS OF THE SERVICE SIAM
MR. CHAIRMAN, WITH ALL DUE RESPECT. WE CANNOT SUPPORT THIS
PROPOSAL.. IT WOULD BE DETRIMENTAL TO UNITED STATES INTERESTS
ABROAD.
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AS THE COMMITTEE IS NO DOUBT AWARE, IT IS A BASIC PRINCIPLE
THAT ALL PERSONS ENJOYING PRIVILEGES AND IMMUNITIES ARE OBLIGED
TO RESPECT THE LAWS AND REGULATIONS OF THE HOST COUNTRY* AND
FOR THE HOST PART THEY DO. WE MUST NOT ALLOW OCCASIONAL
IRRESPONSIBILITY. HOWEVER, TO BRING INTO DISREPUTE THE ENTIRE
SYSTEM OF DIPLOMATIC IMMUNITY. THERE EXIST MEANS (ALTHOUGH NOT
PERFECT) OF DEALING WITH THE RARE INSTANCE OF SERIOUS CRIMINAL
ACTIVITY ALLEGEDLY COMMITTED BY PRIVILEGED PERSONNEL, BUT,
WISH TO STATE EMPHATICALLY THAT IT WOULD BE UNWISE AND
UNNECESSARY TO ENACT LEGISLATION OF THIS NATURE.
THE BASIS OF MY CONCERN IS THAT THERE ARE (NUMBER)
AMERICANS (AND THEIR FAMILIES?) SERVING AT 302 FOREIGN SERVICE
POSTS ABROAD (ANY CLOSED?), ALL OF WHOM ARE PROTECTED BY
IMMUNITY IN ACCORDANCE WITH INTERNATIONAL LAW.
ENACTMENT OF THE MEASURE WOULD PLACE IN aEOPARDY THE
INTERNATIONAL FRAMEWORK UNDER WHICH THESE PERSONS ARE
PROTECTED. As THE COMMITTEE IS AWARE, THE VIENNA CONVENTION ON
DIPLOMATIC RELATIONS. WHICH WAS FRAMED IN 1961. AND WHICH
ENTERED INTO FORCE FOR THE UNITED STATES IN 1972, IS THE MODERN
CODIFICATION OF CUSTOMARY INTERNATIONAL LAW ON THE SUBIECT. IT
HAS BEEN SUBSCRIBED TO BY 143 NATIONS.
WITHOUT DOUBT, THE PROPOSED BILL WOULD HAVE AN ADVERSE
EFFECT ON THE SAFETY AND ABILITY OF UNITED STATES DIPLOMATIC
MISSIONS AND THEIR PERSONNEL ABROAD TO FUNCTION PROPERLY. IF
GOO ZOO 'ON.d...41 S1931 1-1/311 6Z:OT Le/TE/D0
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FAMILY MEMBERS OF FOREIGN DIPLOMATS STATIONED HERE, AS WELL AS
EMBASSY STAFF MEMBERS AND THEIR FAMILIES. WERE MADE SUB3ECT TO
CRIMINAL IURISDICTION IN CERTAIN CIRCUMSTANCES. WE CAN EXPECT
THAT ON THE BASIS OF RECIPROCITY, THE SAME EXCEPTION WOULD
APPLY TO AMERICANS IN SIMILAR POSITIONS ABROAD, WE CANNOT RULE
OUT THE POSSIBILITY THAT A FOREIGN GOVERNMENT WOULD FIND IT IN
ITS INTERESTS TO ACCUSE UNIUSTLY FAMILY MEMBERS OF AMERICAN
DIPLOMATS, AND OTHERS, OF CRIMES.
TOTAL IMMUNITY FROM THE CRIMINAL IURISDICTION OF THE HOST
COUNTRY'S COURTS PROTECTS OUR PERSONNEL FROM GOVERNMENTS WHICH
MIGHT BE INCLINED TO FABRICATE CRIMINAL CHARGES AGAINST NOT
ONLY OUR DIPLOMATS, BUT THE MEMBERS OF THEIR FAMILIES. AS WELL
AS STAFF MEMBERS AND FAMIL/E,S., ALSO, SUCH PERSONS COULD BE
ACCUSED OF CRIMES COMMITTED BY OTHERS. FURTHERMORE, THE COURTS
OF SUCH STATES MIGHT WELL BE SUSCEPTIBLE TO MANIPULATION.
TOTAL IMMUNITY PRECLUDES THE NEED FOR THE UNITED STATES TO
BE CONSTANTLY CONCERNED ABOUT FACILE DISTINCTIONS WHICH FOREIGN
PROSECUTORS AND COURTS MIGHT MAKE WITH RESPECT TO WHETHER A
PARTICULAR OFFENSE IS OR IS NOT A CRIME FOR WHICH IMMUNITY
SHOULD OBTAIN. MOREOVER, EVEN IF THROUGH INTERNATIONAL
AGREEMENT IT WERE POSSIBLE TO SATISFACTORILY AND NARROWLY
FORMULATE THE DEFINITION OF A PARTICULAR TYPE OF CRIME.
ULTIMATELY IT WOULD BE FOR THE COURTS OF THE RECEIVING STATES
TO CONS/DER THE FACTS OF ANY GIVEN INCIDENT TO DETERMINE
WHETHER THE PERPETRATOR OF THE ALLEGED CRIME IS IMMUNE OR NOT.
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TAKE, FOR EXAMPLE, A HYPOTHETICAL CASE WHERE UNDISPUTED
FACTS SHOW THAT A VEHICLE DRIVEN BY A DIPLOMATIC DEPENDENT OR
STAFF MEMBER STRUCK AND KILLED A NATIONAL OF THE HOST COUNTRY.
THE COURT OF THAT STATE MIGHT DETERMINE THAT THE INCIDENT WAS,
(A) AN UNAVOIDABLE ACCIDENT BECAUSE OF HIGHWAY CONDITIONS, (B)
AN IRRESPONSIBLE ACT BY AN INTOXICATED DRIVER, OR (C) A COLDLY
PREMEDITATED POLITICAL ASSASSINATION COMMITTED ON ORDERS FROM
THE SENDING COUNTRY'S INTELLIGENCE SERVICE .? AND THEREBY
DETERMINE IN THE COURT ROOM WHETHER IT HAD ZURISDICTION TO
PROCEED WITH THE PROSECUTION.
UNCERTAINTY OF THE CAPACITY OF FOREIGN COURTS TO DEAL
OBTECTIVELY WITH SUCH DETERMINATIONS WAS ONE OF THE MAZOR
REASONS FOR THE COMMUNITY OF NATIONS TO ADOPT TOTAL CRIMINAL
IMMUNITY FOR THEIR REPRESENTATIVES ABROAD, THEIR FAMILY
MEMBERS, STAFF AND FAMILY MEMBERS. IT IS WELL TO NOTE THAT IN
FORMULATING THE VIENNA CONVENTION. THERE WAS NO DISPUTE OVER
THE PROVISION EXTENDING FULL DIPLOMATIC PRIVILEGES AND
IMMUNITIES TO THE FAMILY OF A DIPLOMATIC AGENT. MOREOVER, THE
MAIORITY OF DRAFTERS OF THE CONVENTION RECOGNIZED THAT MANY OF
THE ADMINISTRATIVE AND TECHNICAL STAFF MEMBERS OF THE MISSION
CARRIED OUT FUNCTIONS OF SOME RESPONSIBILITY AND THAT MANY OF
THEM HAD ACCESS TO . . COMFIDENTILL INFORMATION (E.G., CODE
CLERKS. COMMUNICATORS), AND DECIDED THAT THEY AND THEIR FAMILY
MEMBERS SHOULD BE EXTENDED CRIMINAL IMMUNITY. IT WAS REGARDED
AS ESSENTIAL THAT THESE STAFF MEMBERS SHOULD BE GRANTED FULL
IMMUNITY SO THAT THEY COULD NOT BE ARRESTED ON ANY PRETEXT.
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(NOTE TO BE REMOVED ? E. DENIA NOTES IN HER INTRODUCTION TO
DIPLOMATIC LAW THAT THE VCDR REDUCED THE 'PROTECTION AND
PRIVILEGES GIVEN TO 7UNIOR MEMBERS OF THE MISSION AS REGARDS
WHOM IT COULD BE ARGUED THAT ABUSE BY THEM OF THEIR PRIVILEGES
AND IMMUNITIES WAS MORE LIKELY THAN THEIR HARASSMENT FOR
POLITICAL MOTIVES. THE REDUCTION OF PRIVILEGES AND IMMUNITIES
TO WHAT IS ESSENTIAL MAKES THAT MINIMUM EASIER TO DEFEND TO
PUBLIC OPINION.')
NOTE THAT THE PROPOSED LEGISLATION WOULD NOT AFFECT
CONSULAR OFFICERS. HOWEVER, THE IMMUNITY FROM JURISDICTION
ENJOYED BY FOREIGN CONSULAR OFFICERS AND CONSULAR EMPLOYEES IS.
IN ACCORDANCE WITH INTERNATIONAL LAW, MUCH MORE LIMITED THAN
THE REGIME WHICH APPLIES TO DIPLOMATS. CONSULAR IMMUNITY
APPLIES ONLY TO ACTS PERFORMED IN THE EXERCISE OF CONSULAR
FUNCTIONS, I.E., To, 'OFFICIAL ACTS'. FAMILY MEMBERS HAVE NO
OFFICIAL ACTS AND THUS HAVE NO IMMUNITY. CLAIMS OF 'OFFICIAL
ACTS" IMMUNITY ARE SUBJECT TO JUDICIAL SCRUTINY ON THE BASIS OF
THE FACTS AND ARGUMENTS PRESENTED. THUS, CONSULAR OFFICERS ARE
NOW SUBJECT TO JURISDICTION WITH RESPECT TO 'CRIMES OF
VIOLENCE'. AS INDEED ARE CONSULAR EMPLOYEES. WHILE CONSULAR
OFFICERS AND EMPLOYEES MAY RAISE THEIR FUNCTIONAL IMMUNITY AS A
DEFENSE IN CONNECTION WITH A SPEEDING CHARGE OR ACCIDENT, THIS
ITSELF IS NOT A BAR TO THE ACTION, THE COURTS WOULD DETERMINE
WHETHER OR NOT SUCH A DEFENSE WOULD APPLY.
THE ONLY EXCEPTIONS TO THIS LIMITED IMMUNITY ARISE IN THE
CASE OF BILATERAL AGREEMENTS WHICH PROVIDE FOR FULL IMMUNITY
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FROM CRIMINAL IURISDICTION OF CONSULAR OFFICERS AND EMPLOYEES
AND THEIR FAMILY MEMBERS . THE DEPARTMENT OF STATE 0) HAS
FOUND IT DESIRABLE TO ENTER INTO SUCH AGREEMENTS WITH THE
SOVIET UNION. THE PEOPLE'S REPUBLIC OF CHINA, BULGARIA, THE
GERMAN DEMOCRATIC REPUBLIC, HUNGARY. POLAND, ROMANIA AND THE
PHILIPPINES. (BULGARIA, THE GDR AND ROMANIA HAVE NO CONSULAR
POSTS IN THE UNITED STATES.)
Now, I SHOULD LIKE TO TAKE THE OPPORTUNITY TO INFORM THE
COMMITTEE OF RECENT STEPS THAT HAVE BEEN TAKEN BY THE
DEPARTMENT TO DEAL WITH ABUSES OF DIPLOMATIC IMMUNITY. IN LIEU
OF ACTION WHICH WOULD CALL INTO QUESTION THE ENTIRE FRAMEWORK
OF DIPLOMATIC IMMUNITY. THAQMINISTRATIVE MEASURES WE HAVE
TAKEN ARE :USTIFIED UNDER THE EXISTING LEGAL REGIME.
I. BARRING REENTRY, BEGINNING IN 1983, I INITIATED A SYSTEM
TO BAR THE REENTRY INTO THE UNITED STATES OF SERIOUS
OFFENDERS ENTITLED TO CRIMINAL IMMUNITY WHO HAD BEEN
EXPELLED. THE NAMES OF THE OFFENDERS WERE ENTERED INTO THE
DEPARTMENT'S WORLD-WIDE AUTOMATED VISA LOOKOUT SYSTEM
(AVLOS) SO THAT SHOULD AN OFFENDER SEEK ANOTHER VISA, THE
APPLICATION WOULD BE HELD UP UNTIL THE DEPARTMENT'S ADVICE
COULD BE OBTAINED. AND, A CABLE DESCRIBING EACH CASE WAS
SENT TO THE POST OF EACH PERSON'S NATIONALITY. THE NAMES
WERE ALSO GIVEN TO THE CENTRAL OFFICE OF THE IMMIGRATION
SERVICE, WHICH ALERTED PORTS OF ENTRY THAT ARRIVALS OF SUCH
PERSONS WERE TO BE REPORTED IMMEDIATELY TO THE DEPARTMENT.
APIS nismw 44H c1rP1 1-1/q1H1 :ST )1:1/Tc/IP
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WE FOUND. HOWEVER. THAT THE SYSTEM WAS NOT PERFECT AND THAT
IN AT LEAST THREE CASES. THE PERSONS EXPELLED REPORTEDLY
REENTERED THE UNITED STATES. PERHAPS BY USING THEIR
DIPLOMATIC VISAS. FROM NOW ON, AS A MATTER OF PROCEDURE.
WE WILL CANCEL THE VISA BEFORE THE ALLEGED OFFENDER LEAVES
THE COUNTRY. SHOULD THE PERSON LEAVE BEFORE THIS IS DONE.
WE CAN INFORM THE MISSION CONCERNED THAT THE PRINCIPAL
ALIEN CANNOT BE REPLACED UNTIL THE VISA HAS BEEN
CANCELLED.
IN THIS REGARD THE CONGRESS CAN BE VERY HELPFUL. AT THIS
TIME. WE LACK THE LEGAL MEANS TO EXCLUDE THE OFFENDERS FROM
COMING BACK INTO THE COUNTRY INASMUCH AS THEY HAVE NOT BEEN
ACTUALLY CONVICTED. AN AMENDMENT TO THE IMMIGRATION AND
NATIONALITY ACT PROVIDING FOR THE EXCLUSION FROM ADMISSION
OF THESE OFFENDERS WOULD FILL THAT NEED. I HOPE THE
CONGRESS WILL GIVE FAVORABLE CONSIDERATION TO THIS
SUGGESTION.
2. POLICE GUIDANCE IN MARCH OF THIS YEAR, THE DEPARTMENT
PUBLISHED UPDATED AND MORE COMPREHENSIVE WRITTEN GUIDANCE
FOR LAW ENFORCEMENT OFFICERS ON THE HANDLING OF INCIDENTS
INVOLVING FOREIGN DIPLOMATIC AND CONSULAR PERSONNEL. IT
HAS BEEN DISTRIBUTED NATION-WIDE. WITH REGARD TO EXPULSION
CASES. WE HAVE POINTED OUT THE NECESSITY FOR CAREFUL AND
COMPLETE POLICE WORK AT THE TIME OF THE ALLEGED CRIME IN
ORDER TO LAY THE BASIS FOR POSSIBLE FUTURE PROSECUTION WHEN
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IMMUNITY CEASED TO EXIST AND WOULD NOT CONSTITUTE A BAR TO
SUCH ACTION. WE URGE THAT CHARGES BE PURSUED AS FAR AS
POSSIBLE IN OUR IUDICIAL SYSTEM SO AS TO LAY THE OASIS FOR
PROSECUTION. OBTAINING AN INDICTMENT, INFORMATION. OR
ARREST WARRANT. EVEN THOUGH THEY WOULD BE WITHOUT LEGAL
EFFECT WHILE THE PROTECTED PERSON REMAINED HERE, WOULD LAY
THE BASIS FOR PROSECUTION AT A LATER DATE. MOREOVER, THE
EXISTENCE OF AN OUTSTANDING ARREST WARRANT MAY BE ENTERED
INTO THE RECORDS OF THE IMMIGRATION AUTHORITIES AND THEREBY
SERVE TO BAR THE SUBSEQUENT ISSUANCE OF A U.S. VISA. I
WOULD BE GLAD TO MAKE THE BOOKLET AVAILABLE TO THE
COMMITTEE.
3. PARENTAL RESPONSISMTLIN THE PAST. IN EXCEPTIONAL CASES
I HAVE HAD THE ENTIRE FAMILY OF JUVENILE OFFENDERS EXPELLED
FROM THE COUNTRY. I HAVE ASKED MY STAFF TO PREPARE A
DIPLOMATIC NOTE TO BE CIRCULATED TO ALL THE MISSIONS
INFORMING THEM THAT THIS PRACTICE WILL BE EMPLOYED MORE
FREQUENTLY AND THAT, HENCEFORTH, A DEPARTMENT OFFICER WILL
BE PRESENT ON THE DEPARTURE OF A PERSON(S) EXPELLED.
4. TRAFFIC OfFENSES - 8 POINT PROSIAM IN SEPTEMBER 1985. THE.
DEPARTMENT'S OFFICE OF FOREIGN MISSIONS INSTITUTED A
PROGRAM TO MONITOR TRAFFIC VIOLATIONS AND INCREASE THE
OBSERVANCE OF TRAFFIC LAWS AND REGULATIONS. UNDER THE
PROGRAM. THE DEPARTMENT ASSESSES POINTS FOR ALL TRAFFIC
VIOLATIONS USING THE AMERICAN ASSOCIATION OF MOTOR VEHICLE
ADMINISTRATOR'S STANDARDIZED POINT SYSTEM. THE
ACCUMULATION OF 8 POINTS DURINGA TWO-YEAR PERIOD MAY
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RESULT IN THE LOSS OF THE PRIVILEGE TO DRIVE IN THIS
COUNTRY. PERSONS RECEIVING PARKING VIOLATIONS INCUR 1
POINT EACH. SPEEDING VIOLATIONS ARE ASSESSED AT 2 OR 4
POINTS DEPENDING UPON THE RATE OF SPEED, AND PERSONS
DRIVING WHILE INTOXICATED ARE ASSESSED 8 POINTS. UP TO
THIS TIME. 2...DRIVERS' LICENSES HAVE BEEN WITHDRAWN. WE
ARE PLEASED TO REPORT THAT THE PROGRAM HAS HAD A SALUTARY
EFFECT ON THE DRIVING HABITS OF PRIVILEGED PERSONNEL.
S. PREARMS IN MAY 1986, WE REISSUED A CIRCULAR ON THE
SUBJECT OF FIREARMS. POINTING OUT THAT FAILURE TO COMPLY
WITH LOCAL LAWS AND REGULATIONS PERTAINING TO FIREARMS MAY
SUBJECT THE OFFENDER TO EXPULSION.
6. DEFINITION OF 'MEMBERS Of Tiff- FAMILY' IN MAY 1986. WE
INFORMED THE MISSIONS THAT WE WOULD INTERPRET THE VIENNA
CONVENTION MORE RESTRICTIVELY AND SET FORTH AGE LIMITS
BEYOND WHICH THE DEPARTMENT WOULD NO LONGER EXTEND
PRIVILEGES AND IMMUNITIES TO DEPENDENT CHILDREN. THE
CUT-OFF AGE IS 21 YEARS OF AGE, UNLESS THE CHILD IS A
FULL-TINE STUDENT, IN WHICH CASE THE AGE LIMITATION Is 23
YEARS OF AGE. THIS STEP HAS REDUCED THE NUMBER OF PERSONS
ENTITLED TO PRIVILEGES AND IMMUNITIES.
7. PERSORS
WE ARE PLANNING TO INFORM THE MISSIONS OF THE CESSATION OF
PRIVILEGES AND IMMUNITIES FOR LOCALLY HIRED MEMBERS OF
EMBASSY STAFFS WHO HAVE RESIDED IN THE UNITED STATES FOR 10
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YEARS OR MORE. INTERNATIONAL LAW PROVIDES ENTITLEMENT TO
PRIVILEGES AND IMMUNITIES IF THE ALIEN IS
aNOT...PERMANENTLY RESIDENT IN THE RECEIVING STATE.
THIS WILL REDUCE THE NUMBER OF PERSONS ENTITLED TO
PRIVILEGES AND IMMUNITIES.
8. PANDBOOK FOR DIPLOMATS THE DEPARTMENT IS COMPILING A
MANUAL OF POLICIES. PROCEDURES AND PRACTICES RELEVANT TO
THE OPERATION OF DIPLOMATIC MISSIONS AND THEIR MEMBERS IN
THE UNITED STATES. IT WILL COVER POSSIBLE CONSEQUENCES OF
BREACHES OF UNITED STATES LAW.
9. IDENTITICATION DOCUMENTS. RECENTLY PROTOCOL BEGAN ISSUING
NEWLY DESIGNED IDENTIFICATION DOCUMENTS TO ALL EMBASSY
PERSONNEL ENTITLED TO ANY DEGREE OR IMMUNITY. THE CARDS
IDENTIFY THE INDIVIDUAL, STATE THE TYPE OF IMMUNITY WH/CH
HE ENJOYS, AND PROVIDE PHONE NUMBERS TO CALL 24 HOURS A DAY
IF A LAW ENFORCEMENT OFFICIAL HAS QUESTIONS. IN CASES
WHERE IMMUNITY IS LIMITED THE CARDS STATE THAT THE BEARER
IS NOT IMMUNE FROM ARREST. SIMILAR CARDS WILL BE ISSUED TO
CONSULAR OFFICERS AND EMPLOYEES NEXT YEAR.
IN CLOSING, I WISH TO EXPRESS MY APPRECIATION FOR THIS
OPPORTUNITY TO PRESENT THE DEPARTMENT'S VIEWS ON THIS SENSITIVE
MATTER, ALSO. I WISH TO ASSURE YOU AGAIN THAT WE STAND READY
TO TAKE ACTION IN ANY SITUATION WHERE A PERSON WITH IMMUNITY
APPEARS TO BE 'BEYOND THE LAW.'
MY COLLEAGUES AND I WILL NOW BE PLEASED TO RESPOND TO ANY
QUESTIONS 114 CAMM TTIcr MAY MAV.
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