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

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R000600120001-7
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 162
• Document Creation Date: December 23, 2016
• Document Release Date: February 8, 2013
• Sequence Number: 1
• Publication Date: March 18, 1988
• Content Type: REPORT

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f;
DDA 88-0691X
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
MENT 1103
t3 POT
UM TO
in;VEM WAY
1Z3
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of
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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TABLE OF CONTENTS
TAB A - Study
TAB B - Report
TAB C - Exhibits
TAB D - Analysis of Senate Amendment
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FOREIGN RELATIONS AUTHORIZATION ACT
FISCAL YEARS 1988 and 1989
SECTION 137
(Part A)
Study of the Minimum Liability Insurance Coverage
Required for Members of Foreign Missions
and Their Families
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TO:
EXECUTIVE SECRETARIAT
ROUTING SLIP
ACTION
INFO
DATE
INITIAL
/71
DCI
X (w/o
Report)
--"c
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
22
SUSPENSE
Dote
Remarks
Full report (150 tAlages) being
routed thru OCA, OGC & DDA.
STAT
brit&A,tL 4n xecupy Settetary
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A
United States Department of State
The Chief of Protocol
Washington, D.C.
March 28, 1988
Dear Bill:
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.
DCI
EXPn
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SECTION 137
(Part A)
Study of the Minimum Liability Insurance Coverage
Required for Members of Foreign Missions
and Their Families
A study is being prepared under contract and will be
submitted as a part of this report if available by Wednesday,
March 16, 1988. In the event the study is not available at
that time, it will be submitted separately.
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FOREIGN RELATIONS AUTHORIZATION ACT
FISCAL YEARS 1988 and 1989
P.L. 100-204
SECTION 137
REPORT
(Part B)
Concerning the Status of Individuals
with Diplomatic Immunity in the United States
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FOREIGN RELATIONS AUTHORIZATION ACT
FISCAL YEARS 1988 and 1989
SECTION 137
(Part B)
Table of Contents
Page
1 137(b)(1)
9 137(b)(2)
10 137(b)(3)
The collection of debts owed by foreign
missions and members of such missions and
their families to individuals and entities
in the United States.
A detailed catalog of incidents of serious
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 the problem.
The feasibility of having the Department of
State develop and periodically submit to the
Congress a report concerning:
(A) serious criminal offenses committed in the 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 individuals and entities in the
United States.
11 137(b)(4)
Methods for improving the education of law
enforcement officials on the extent of
immunity provided to members of foreign
missions and their families under the Vienna
Convention on Diplomatic Relations and other
treaties.
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15 137(b)(5) Proposals to assure that law
enforcement officials fully
investigate, charge, and institute
and maintain prosecution of members
of foreign missions and their
families to the extent consistent
with the obligations of the United
States under the Vienna Convention
on Diplomatic Relations and other
treaties.
20 137(b)(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.
25 137(b)(7) The extent to which current
registration and documentation
requirements fully and accurately
identify individuals entitled to
diplomatic immunity.
32 137(b)(8) The extent to which the Department
of State is able to identify
diplomats allegedly involved in
serious crimes 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 individuals
under nonimmigrant and immigrant
categories unrelated to section
101(a)(15)(A) of the Immigration and
Nationality Act.
35 137(b)(9) A comparison of the procedures for
the issuance of visas to diplomats
from foreign nations to the United
States and international
organizations with the procedures
accorded to United States diplomats
to such nations and to international
organizations in such nations, and
recommendations to achieve
reciprocity in such procedures.
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36 137(b)(10)(A) A review of the definition of the
term "family" under the Diplomatic
Relations Act.
137(b)(10)(B) An evaluation of the effect of
amendments to the term "family" on
the number of persons entitled to
diplomatic immunity in the United
States.
137(b)(10)(C)
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 committed
in the United States by members of
foreign missions and their families
entitled to immunity from the
criminal jurisdiction of the United
States.
54 137(b)(11) An examination of all possible
measures to prevent the use of
diplomatic pouches for the illicit
transportation of narcotics,
explosives, or weapons.
56 137(b)(12) An examination of the
411 considerations in establishing a
fund for compensating the victims of
crimes committed by persons entitled
to immunity from criminal
prosecution under the Vienna
Convention on Diplomatic Relations
and other treaties, including the
feasibility of establishing an
insurance fund financed by foreign
missions.
ATTACHMENTS
Exhibits (see list of exhibits on page iv).
Exhibit C (Guidance for Law Enforcement Officers)
Analysis of Proposed Senate Amendment.
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ENCLOSURES
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Index of Exhibits
EXHIBIT
A Statistics: (A-1) Unpaid Debts - Missions in
Washington, D.C.
(A-2) Unpaid Debts - UN Missions
Statistics: (B-1) Alleged Criminal Cases -
Missions in Washington, D.C.
(B-2) Alleged Criminal Cases United
Nations Missions
(B-3) Diplomatic Motor Vehicle
Operation Violations,-
Missions in Washington, D.C.
"Guidance for Law Enforcement Officers: Personal
Rights and Immunities of Foreign Diplomatic and
Consular Personnel"
Law Enforcement and the Diplomatic Community -
Schedule of Seminars 1988
Seminar on Law Enforcement and the Diplomatic
Community: March 1, 1988 Agenda
Circular Diplomatic Notes Dated May 1, 1985 and
November 5, 1986
Circular Diplomatic Note Dated January 22, 1982
Circular Diplomatic Note Dated May 22, 1986
Circular Diplomatic Note Dated February 2, 1987
Circular Diplomatic Note Dated September 21, 1987
Copy of outgoing cable and a summary of the
responses re: Survey of Practice Regarding "Family
Forming Part of Household"
U.S. - Soviet Union Agreements: Agreement of
10/31/86 - Exchange of Notes
Philippines: Exchange of notes re:
most-favored-nation clause
USUN Circular Diplomatic Note Dated March 16, 1987
0 Statistics: Family Members Entitled to Immunity -
Washington, D.C.; New York City; Outside Washington,
D.C. and New York City, by category and type of
immunity
(iv)
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STATE DEPARTMENT AUTHORIZATION ACT. SECTION 137
137(b)(1)
(Part B)
The collection of debts owed by foreign missions
and members of such missions and their families
to individuals and entities in the United States.
A. DEBTS OWED BY FOREIGN MISSIONS
1. Nature and Scope.
The immunity from suit of foreign missions, as opposed to
their personnel, is governed by the principle of sovereign
immunity and not by diplomatic immunity, which applies to
individuals. The rules that apply to suits against foreign
governments (including embassies and consulates) in United
States courts are set forth in the Foreign Sovereign Immunities
Act (FSIA), 28 U.S.C. 1602 et sea.
The FSIA codifies the "restrictive theory of sovereign
immunity, pursuant to which foreign States are immune for
governmental acts but not for private acts, including
commercial activity. The courts, not the Executive Branch,
decide whether a foreign State is immune in a particular case.
One section of the FSIA provides that foreign States have no
immunity in an action "based upon a commercial activity carried
on in the United States by the foreign State." 28 U.S.C.
1605(a)(2). The FSIA defines commercial activity as --
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"either a regular course of commercial conduct or a
particular commercial transaction or act. The
commercial character of an activity shall be
determined by reference to the nature of the course
of conduct or particular transaction or act, rather
than by reference to its purpose." 28 U.S.C. 1603(d).
Congress specifically addressed embassy debts in its
consideration of the FSIA. "[C]ontract[s] to make repairs on
an embassy building. . .should be considered commercial
contracts, even if their ultimate objective is to further a
public function." H. Rep. No. 1487, 94th Cong. 2d Sess. 16
(1976), reprinted in 1976 U.S. Code Cong. Ad. News 6604, 6615.
If a court concluded that a suit to collect an alleged
mission debt was based on commercial activity, it would have
411 jurisdiction in the case. If the plaintiff prevailed in the
case and the foreign government failed to honor the judgment,
the plaintiff would be able to execute the judgment against
certain property of the foreign State, as specified in 28
U.S.C. 1610. Section 1610 allows execution of judgments, inter
alia, against commercial property of the foreign State located
in the United States that is or was used for the commercial
activity upon which the claim was based. It prohibits,
however, execution against real property that is used for the
purposes of maintaining a diplomatic mission or consular post,
which is inviolable under international law.
The principle of diplomatic immunity may have other effects
on suits against foreign embassies arising out of embassy
debts. For example, embassy officers cannot be compelled to
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testify, even in suits against their government. In addition,
the inviolability of embassy archives limits the court's
ability to order discovery. However, in a case in which the
court determines that it has jurisdiction and the foreign
government contests liability, it is generally in the interest
of the foreign government to waive such immunity in order to
make its case to the court.
2. Collection Measures the Department Employs.
Although not requested, a current summary of outstanding
claims against foreign missions and their members on which the
Department's assistance has been sought is provided herewith
(Exhibit A). As evident from the small number of claims
listed, in light of the number of diplomatic and UN missions
and the population of members thereof who are immune from civil
suit, the problem of unpaid debts by missions and their
personnel has not been substantial.
In general, the Department can intervene to help secure
payment of a mission's debt. Normally the Department first
asks the aggrieved party to submit the facts and circumstances
of the case in writing to the Office of Protocol, if it
concerns an embassy debt, or, if it concerns the debt of a UN
mission, to the Office of Host Country Affairs, U.S. Mission to
411 the United Nations (USUN). Protocol or USUN then determines
whether there is sufficient basis for the U.S. Government to
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raise the matter with the foreign government. Usually this is
done by taking the matter up with the head of mission or his
authorized representative. If this approach is unsuccessful,
the responsible office normally sends a letter to the chief of
mission requesting cooperation in achieving a settlement. If
the facts are in dispute, a mission representative is asked to
meet with the claimant and his attorney, representatives of
Protocol or USUN, and sometimes the Legal Adviser's Office and
the regional bureau country officer. Protocol or USUN
continues these efforts through subsequent periodic follow-up
conversations and correspondence with mission officials.
Concurrently the Department sometimes sends a cable to our
embassy in the sending State, instructing it to press the
foreign office to resolve the problem. Our ambassador to the
sending State also may be asked to exert his personal efforts
in the cause.
The FSIA serves as a useful tool for the Department in
addressing mission debts. The statute gives the creditor, and
the Department, leverage which can be brought to bear upon the
foreign mission. Of course, the Department is not in a
position to determine whether a mission may be immune or liable
in a particular case; this must be resolved by the courts. By
alerting both missions and creditors to the existence of the
410 FSIA, however, the Department can attempt to channel unresolved
disputes into the courts, which are best equipped to handle
such matters.
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B. DEBTS OWED BY MEMBERS OF FOREIGN MISSIONS
1. Nature and Scope.
As noted, the vast majority of foreign diplomats do honor
their debts. The combined population of persons entitled to
full diplomatic privileges and immunities in Washington and New
York exceeds ten thousand. When considered in relation to that
figure, the number of debt cases on which the Department
currently is working is small. (For particulars see response
to reporting requirement 137(3)(b).)
The Diplomatic Relations Act of 1978 established the Vienna
Convention on Diplomatic Relations as the legal framework
governing the privileges and immunities to which the members of
missions in the United States and their family members are
entitled. Through the Act's repeal of the 1790 statute,
diplomats no longer have the complete immunity from civil and
administrative jurisdiction which they previously enjoyed;
instead, immunity now does not obtain for (a) certain real
property transactions not conducted on behalf of the mission;
(b) any role the diplomat may play as executor for or heir to
an estate being distributed in the host country; or (c) the
performance of professional or commercial activities outside
the scope of his official duties. Thus, there are certain
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instances in which diplomatic agents and their dependents would
not have immunity from civil and administrative jurisdiction if
they fail to pay their debts.
Members of the administrative and technical staff of a
mission enjoy civil immunity only for acts performed in the
course of their official duties, and family members enjoy no
civil immunity. Similarly, consular personnel enjoy immunity
only for acts performed in the exercise of consular functions.
Thus, in most cases, administrative and technical staff members
and consular personnel would not be immune from suit relating
to personal debts. However, pursuant to bilateral agreements,
employees of the embassies of the Soviet Union, the German
Democratic Republic, and the People's Republic of China are
accorded the same immunity from civil and administrative
jurisdiction as that enjoyed by diplomats. In addition,
certain bilateral agreements accord a higher degree of immunity
to consular personnel of some States on a reciprocal basis.
2. Measures the Department has Taken.
In light of immunity, creditors turn to the Department for
assistance, and the Department generally intervenes to secure
payment. The request for such assistance is made, in
Washington, to the Office of the Chief of Protocol; for UN
personnel to the Office of Host Country Affairs, USUN.
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It is Department practice to intervene when the complainant
can produce satisfactory evidence 1) that there is a sufficient
basis for the Department to raise the matter with the mission;
2) that he has exhausted other methods of obtaining settlement
(that is, has brought the matter clearly to the attention of
the diplomat concerned and of the head of the diplomat's
mission; and, 3) that immunity would preclude judicial or
administrative action.
Resolution of a debt begins by the filing of a written
claim with supporting details by the claimant or his agent.
The Department brings the matter to the attention of the
diplomat's embassy and requests that it promote a settlement.
This frequently leads to a meeting in the Department which
attorneys representing both sides attend and in which
representatives of Protocol, and sometimes the Legal Adviser's
Office, and the country desk officer participate.
In such a meeting, the Department brings to the embassy's
attention the Resolution on the Consideration of Civil Claims
which the presiding UN conference approved in April 1961 in
connection with its approval of the Vienna Convention on
Diplomatic Relations. This resolution contains the
recommendation that "the sending State should waive the
immunity of members of its diplomatic mission in respect of
civil claims of persons in the receiving State when this can be
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done without impeding the performance of the functions of the
mission, and that, when immunity is not waived, the sending
State should use its best endeavors to bring about a just
settlement of the claims." Should immunity be waived, the
matter can be adjudicated in the courts.
If a settlement is not reached within a reasonable period,
the Department may inform the embassy that reliance on immunity
to evade a legal obligation could call into question a
diplomat's continued acceptability in the United States, or
that the departure of a diplomat without settling his debt
could affect the Department's willingness to accept and
accredit his replacement.
Enclosure: EXHIBIT A - List of Outstanding Debts through
February 29, 1988.
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137(b)(2) A detailed catalog of incidents of serious
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 the
problem.
The attached catalog of incidents includes all cases of
criminal offenses of which we are aware. Many of these cases
involve misdemeanor charges and therefore are not considered
serious crimes.
Enclosure: EXHIBIT B - Statistics.
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137(b)(3)
The feasibility of having the Department of
State develop and periodically submit to the
Congress a report concerning:
(A) serious criminal offenses committed in the
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 individuals and entities in the
United States.
It is certainly feasible for the Department of State to
produce a periodic report on serious crimes and delinquent
debts, as is shown by our report submitted last August, and the
catalog we submit in sections 137(b)(1) and 137(b)(2) of this
report (Exhibits A and B). The Department agrees that periodic
reports on these matters to Congress may be appropriate.
Accordingly, we propose that the Department of State submit an
annual report concerning serious criminal offenses committed in
the United States by individuals entitled to immunity from the
criminal jurisdiction of the United States, and delinquency of
over six months in the payment of debts owed by foreign
missions and members of such missions and their families to
individuals and entities in the United States. However, we
believe that no useful purpose is served by revealing to the
public certain specific details such as the name of the
individual or mission involved. Several foreign missions, in
commenting on the proposed legislation in this area, have
raised strong concerns about such a practice. Thus, we believe
the report should be prepared in such a way as not to
gratuitously impair friendly relations with sending States.
Rather, it should assist the Department in resolving these
cases with the foreign mission involved.
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137(b)(4)
Methods for improving the education of law
enforcement officials on the extent of immunity
provided to members of foreign missions and their
families under the Vienna Convention on
Diplomatic Relations and other treaties.
The purpose of diplomatic immunity is to ensure that
diplomatic representatives are able to carry out the official
business of their governments without undue influence or
interference from the host country. Unfortunately, this
purpose is often misunderstood by the general public in this
country. The concept of immunity poses particular problems for
law enforcement officials who, by virtue of their oath and
training, are unaccustomed to granting special privileges or
concessions to individuals who break the law. At the same
time, law enforcement officials who understand the importance
of diplomatic immunity may be inclined to be overly generous in
its application if they do not have a full understanding of its
rules. Thus, the Department has determined that it has become
necessary to dispel certain misconceptions on the subject of
diplomatic immunity, such as what categories of persons are
entitled to immunity, the precise nature of immunity to which
the individual is entitled, how to verify immune status, and
what enforcement measures may and may not be taken against
those with immunity.
Recognizing the need for improved education of law
enforcement officials in this area, the Department of State has
addressed the problem on two fronts. First, the Department in
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March 1987 published a 21 page booklet entitled, "Guidance for
Law Enforcement Officers: Personal Rights and Immunities of
Foreign Diplomatic and Consular Personnel," (Exhibit C) which
has been well received by law enforcement personnel. As
indicated by the title, the booklet provides an understandable
guide to the various categories of foreign mission personnel
and the immunities to which they are entitled. It explains how
to verify the identity of such persons and furnishes guidance
to law enforcement officers handling incidents involving
foreign diplomatic and consular personnel. Additionally, it
makes clear that there are enforcement measures consistent with
diplomatic immunity that may and should be taken when
violations of the law occur. It stresses that in an incident
involving a person entitled to immunity, the officer should
record all pertinent details from the identity card and fully
record the details and circumstances of the incident in
accordance with normal police procedures. Proper documentation
of incidents is essential to permit the Department of State to
take consequential steps, should they be considered appropriate.
Several elements of the Department of State participated in
the preparation of this document, including the Office of the
Legal Adviser, the Office of Foreign Missions, the Office of
Protocol, and the Bureau of Diplomatic Security.
Since the summer of 1987 about 25,000 copies of the booklet
have been distributed nationwide to federal, state and local
411 law enforcement authorities by the Bureau of Diplomatic
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Security and the Office of Foreign Missions. A second printing
is in progress in order to meet the demand.
The Department of State has also developed a training
seminar on the subject of diplomatic immunity to further the
education of law enforcement officials in this area. Organized
and funded by the Bureau of Diplomatic Security, the seminars
are conducted in conjunction with the Office of Foreign
Missions and the Office of Protocol. The first of these
one-day seminars was presented on August 18, 1987 in the
Washington metropolitan area to approximately 70 federal, state
and local law enforcement officials who represented 22
different law enforcement agencies and departments. The second
411 was held in Philadelphia on March 1, 1988, for 68 law
enforcement officers representing 55 federal, state and local
law enforcement agencies and departments. Topics covered
? included how to identify persons with diplomatic immunity, how
to handle incidents involving such persons, and the
registration, licensing and insuring of diplomatic vehicles as
well as the issuance of driver's licenses by the Department of
State.
During 1988 the Bureau of Diplomatic Security plans to
conduct four additional seminars throughout the United States,
primarily in areas with high concentrations of foreign consular
? personnel such as Miami, Chicago, and Houston/Dallas. The
schedule for the 1988 seminars (Exhibit D) and a typical
program for a one-day seminar are attached (Exhibit E).
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Enclosures: EXHIBIT C - "Guidance for Law Enforcement
Officers: Personal Rights and Immunities of
Foreign Diplomatic and Consular Personnel"
EXHIBIT D - Law Enforcement and the Diplomatic
Community - Schedule of Seminars for 1988.
EXHIBIT E - Agenda of Seminar on Law Enforcement
and the Diplomatic Community, March 1, 1988.
?
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137(b)(5)
1. Background
Proposals to assure that law enforcement
officials fully investigate, charge, and
institute and maintain prosecution of members of
foreign missions and their families to the extent
consistent with the obligations of the United
States under the Vienna Convention on Diplomatic
Relations and other treaties.
Although immunity provides that certain foreign officials
are not subject to the jurisdiction of local courts or other
authorities for official or personal activities, diplomatic
immunity does not exempt mission personnel and their family
members from the obligation to respect the laws and regulations
of the host country. Diplomatic immunity is not a license for
such persons to flout the law and avoid liability for their
actions. Understandably, this has been an area of some
confusion on the part of the general public, as well as of some
in the law enforcement community.
Members of diplomatic missions are accountable for their
behavior, and law enforcement officers should not ignore the
alleged commission of crimes by such persons. In this regard,
it is necessary to clarify the nature and extent of diplomatic
immunity in order to more fully inform the law enforcement
community. We recognize the importance of assuring that law
enforcement officials fully investigate, document, charge,
institute and prosecute foreign mission personnel or their
families to the extent consistent with the Vienna Convention.
?
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2. Measures the Department Employs in Dealing with this
Concern.
Improved education is the key to ensuring that law
enforcement officials understand both what can be done to deal
properly with those with immunity and the need to exercise high
standards of police investigation and reporting in incidents of
crime allegedly committed by persons with diplomatic immunity.
The Department has already taken steps to improve the education
of law enforcement officials by developing reference materials
and training seminars on the subject of diplomatic immunity.
These activities are described in detail in the response to
137(b)(4). The goal of this ongoing process is to impress upon
Othe law enforcement community that, notwithstanding their
entitlement to diplomatic immunity, foreign diplomats posted in
this country are obliged to respect the laws and regulations of
the United States and can be held accountable for violations.
Emphasis also is given to the importance of prompt reporting of
criminal offenses allegedly committed by persons with
diplomatic immunity to the Department of State, and of
carefully documenting such incidents in accordance with normal
police procedures. Even when immunity bars prosecution, the
Department has diplomatic remedies available to it to deal
effectively with abuses of members of the diplomatic community.
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3. New Measures the Department is Considerina to Address this
Concern.
The Department plans to increase its interaction with the
law enforcement community on the subject of diplomatic
immunity. To this end, we offer the following proposals.
Addressing the International Association of Chiefs of Police
(IACP) provides one opportunity. A Department of State
presentation on diplomatic immunity as it relates to local law
enforcement would be a significant contribution to increasing
understanding of these issues. Along the same line, the
publication of periodic Department of State bulletins in the
National Law Enforcement Telecommunications System (NLETS) on
various aspects of handling criminal offenses in the context of
diplomatic immunity should have similar positive results.
NLETS is a computer-controlled message switching system which
links state, local and federal law enforcement and criminal
justice agencies for information exchange.
It also would be beneficial for our Bureau of Diplomatic
Security field offices in areas with large concentrations of
foreign mission personnel to advise local authorities on
standard procedures for dealing with criminal infractions
allegedly committed by diplomatic or consular personnel. This
is a residual benefit of the current training seminars on
diplomatic immunity sponsored by the Department around the
411 country.
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In sum, we believe that improved education of law
enforcement officials on the limited scope of diplomatic
immunity and what can and should be done in dealing with
incidents involving individuals with immunity, coupled with
greater coordination between the Department of State and the
law enforcement community, should ensure the complete
accountability of diplomatic personnel for any criminal or
other untoward activity.
Although not included in the bill that became law, Section
1004 of the proposed Foreign Relations Authorization Act,
passed by the Senate on October 8, 1987, would have required
the issuance of a summons whenever an individual with
11, diplomatic or consular immunity is alleged to have committed a
serious offense. There are important drawbacks to this
proposal; one is that the issuance of the summons is an
exercise of jurisdiction and would appear to conflict with our
treaty obligation to recognize the immunity from jurisdiction
for such individuals. Further, the requirement that a summons
be issued before the Department can act would prevent the
Department from proceeding as early as possible on the basis of
the facts of the situation. Finally, the Federal government
lacks authority to compel issuance of a summons for state or
local offenses.
?
Section 1011 of the same legislation also proposed that
procedures be instituted to require that the foreign minister
of a sending State request formally that immunity be invoked
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for any member of their foreign mission staff accused of a
serious offense. This proposal errs in assuming that immunity
411 must be claimed in order to exist. Rather, under international
law immunity exists and must be recognized by the receiving
State unless expressly waived. We believe that the
Congressional desire to ensure that these matters are brought
to the attention of foreign ministries could be met by
requiring the Department to inform a foreign ministry when a
serious offense has been alleged.
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137(b)(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.
The procedures established for the issuance and revocation
of A visas are adequate to ensure compliance with the
requirements of this visa classification in the overwhelming
majority of cases.
In analyzing the A visa classification, as in analyzing any
visa classification, it should be noted that the consular
officer is the primary adjudicator in the visa system.
Sections 221 and 104(a)(1) of the Immigration and Nationality
Act (INA) specifically grant to consular officers the exclusive
411 authority to issue or refuse visas. The INA and the
Department's regulations and instructions provide specific
requirements for visa issuance and the consular officer must be
personally satisfied that all the pertinent requirements are
met before any visa is issued.
?
Under current procedures, consular officers issue A visas
upon receipt of a diplomatic note from the Foreign Ministry
which substantiates the alien's entitlement to the A visa.
Generally, these notes are accepted as honest statements of
fact. Yet the consular officer has the responsibility to
verify that all the visa requirements have been satisfied. In
this connection, the Department encourages conscientious
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inquiry and scrutiny by the consular officer. Thus, in cases
? where questions arise, it is the officer's duty to make the
necessary, inquiries to resolve any doubts. Such inquiry does
not provide for a fail-safe system, but is adequate to prevent
abuse in the vast majority of cases.
After issuance of the visa, however, the Department has no
way of keeping track of the A visa bearer. A large percentage
of A visa bearers admitted to the U.S. never become part of a
diplomatic or consular mission. In any event, the Immigration
and Naturalization Service (INS) does not inform the Department
of State of the admission of A visa bearers. Moreover,
subsequent to admission, the Department has only limited
contact with the A visa bearer. After admission, the
Department only encounters the A visa bearer when the foreign
country's mission in the U.S. notifies the Office of Protocol
of the alien's arrival and position at the embassy, consulate,
or other office in the U.S. (at this point, privileges and
immunities are determined-1"), if the Visa Office is asked to
revalidate an expired visa, or in the rare case when the Visa
Office must cancel a visa of an alien requested to depart the
U.S.
11 It should be noted that issuance of an A visa to a
foreign diplomat or consul does not entitle that person to
privileges and immunities. Rather, the foreign diplomatic or
consul is not entitled to privileges and immunities unless and
111 until he/she is registered with the Department of State and
accepted in a status entitling him/her to such privileges and
immunities.
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Any coordinated procedure involving INS, the Department of
? State and the foreign missions would limit abuses of A visas;
the feasibility of enacting such a procedure, however, may be
tempered by the administrative and reporting burden generated.
Approximately 65,000 A visas are issued annually; we believe
relatively few visas would actually be questioned or cancelled
by these means and the additional workload and cost
effectiveness of any tracking procedure must be carefully
evaluated.
If an alien entitled to immunity allegedly commits a
criminal offense or some other act which causes the U.S.
Government to request his/her departure from the U.S., the visa
revocation procedure, instituted pursuant to Section 221(i) of
the INA, is initiated. Under this procedure, the Office of
Protocol notifies the Visa Office and requests that the visa be
revoked, that the alien's name be entered in the visa lookout
system and that the INS be informed. If for some reason the
passport cannot be obtained for physical cancellation of the
visa before the alien departs the U.S., appropriate consular
posts are instructed to cancel the visa physically. If not
physically cancelled in the U.S.. or abroad, the information in
INS' lookout system precludes the alien's readmission at some
later date in A visa status.2/
2/ Once the departure of an alien with privileges and
immunities has been requested, that person only has these
privileges and immunities for a reasonable time after this
request, usually 30 days. After that period of time has
elapsed, the fact that the alien may continue to have an A visa
will not entitle him/her to any privileges and immunities.
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The cancellation of the A visa does not preclude the alien
? from seeking issuance of a visa of another classification or
seeking admission to the U.S. under a different visa
classification if he is otherwise eligible. Revocation or
cancellation of the A visa would not automatically result in a
section 212(a) ground of ineligibility which could bar the
alien's readmission to the U.S. as, for example, a tourist or
student.
If, however, the alien has allegedly committed a criminal
offense, a warrant may have been issued for the alien's
arrest. This information is available in the visa lookout
system to consuls, who are then in a position to inform the
alien and discourage him/her from traveling to the U.S. If the
alien persists and is otherwise qualified for a visa, the
consul can limit the visa to conform to the alien's specific
travel plans and have the appropriate law enforcement agencies
notified. The alien could then be apprehended upon arrival in
the U.S.2/
a/ Were the entry of these aliens under a different visa
category to become a significant problem, presumably, the
President, under section 212(f) of the INA, could declare such
persons to be a class of aliens whose entry into the U.S. would
be detrimental to the interests of the U.S. and therefore
ineligible to receive a visa.
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?
The period of validity of an A visa and the number of
entries permitted by this classification vary from country to
country as they are based on reciprocity. Furthermore, current
procedures do not provide for cancellation of visas upon
normal, end-of-tour departure from the U.S. The Department is
currently considering whether uniform validities (for example,
one entry, three months) or routine cancellation of unexpired A
visas would greatly reduce the number of A visa abuses and
whether in light of fiscal constraints such a procedure would
be cost effective.
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137(b)(7)
The extent to which current registration and
documentation requirements fully and accurately
identify individuals entitled to diplomatic
immunity.
The Office of Protocol is responsible for the registration
and documentation of personnel of the foreign missions in
Washington and missions to the Organization of American
States. Protocol is also responsible for the registration and
documentation of Principal Resident Representatives to the
International Bank for Reconstruction and Development and to
the International Monetary Fund. In addition, Protocol is
responsible for the registration and documentation of the
personnel of foreign consulates throughout the United
States .1/
The Department's registration process operates as follows:
For every person appointed as a diplomatic agent, member of the
administrative and technical staff or of the service staff of
an embassy, and consular officer or employee, the foreign
mission must file the proper Department of State notification
of appointment or employment status form. Each completed form
1/ Consular personnel are immune from the jurisdiction of
the U.S. with respect to acts performed in the exercise of
their consular functions. In addition, career consular
officers possess a degree of personal inviolability, in that
they "shall not be liable to arrest or detention pending trial,
except in the case of a grave crime and pursuant to a decision
by the competent judicial authority." Moreover, pursuant to
bilateral agreements, full criminal immunity is enjoyed on a
reciprocal basis by the personnel, as well as by members of
their families, of the consulates of the People's Republic of
11, China, Hungary, Poland, the Philippines, and the USSR.
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must reflect the individual's nationality, visa status,
? applicable diplomatic, consular, or other title, and effective
date of appointment or assumption of duties. Also reported on
these forms are the names, date and place of birth,
nationality, and visa status of spouse, accompanying children,
and any other family members in the signer's household. Each
such form, which contains additional pertinent biographic and
other data, must be signed by the appointee and carry the
signature of the Chief of Mission or an authorized deputy, as
well as the official seal of the mission. Completed forms are
then submitted to the Department, accompanied by passport-size
photographs of the principal and spouse taken within the last
twelve months.
?
Accreditation and registration officers review all these
forms for consistency with the criteria for accreditation of
diplomats, recognition of consular officers, and registration
of mission staff members in accordance with the Department's
diplomatic notes of May 1, 1985 and November 5, 1986, copies of
which accompany this report as Exhibit F. When accreditation
eligibility questions arise in the course of this examination,
cases are brought to the attention of superiors, and if further
consultation is necessary, they are reviewed by the
Accreditation Review Panel. This Panel functions under the
co-chairmanship of the Office of Foreign Missions and the
Office of Protocol and includes representatives of the Under
Secretary for Political Affairs, the Legal Adviser's Office,
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the Bureau of International Organization Affairs, the Bureau of
? Diplomatic Security, the Bureau of Consular Affairs, and the
Family Liaison Office. Its primary purpose, as connoted by its
title, is to review and establish accreditation policy.
Once the review process has been completed and any
questions resolved, all pertinent data are entered in the
computerized record system, which makes the information
instantly retrievable for individual name checks and quickly
available for personnel listings both in Protocol and in the
United States Mission to the United Nations.
Additions and changes to accreditation and registration
111 records, such as promotions, transfers, terminations, name
changes, and the birth of dependents, are all entered into the
database. These changes are contemporaneously made in master
copies of the current issues of three publications: the
"Diplomatic List," "Employees of Diplomatic Missions," and
"Foreign Consular Offices in the United States." The first two
are brought out on a quarterly basis; the third, twice a year.
The entry into the database of all accessions and terminations
has made it possible for Protocol to receive each week
printouts of the cumulative changes in these two categories for
both diplomats and employees, by country, since publication of
the latest lists, which form an important addition to the
materials provided in duty officer kits.
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Concurrently with being entered into the computer,
termination notices precipitate the transfer of diplomats' and
'Aft
111, employees' hard-copy records from active to inactive files,
where they are maintained in Protocol until permanent
retirement.
?
The Office of Host Country Affairs is responsible for the
registration and documentation of members of permanent missions
to the United Nations who, with their family members, are
recognized by the Department of State as entitled to diplomatic
privileges and immunities in the territory of the United States
under the provisions of Section 15 of the Headquarters
Agreement between the United States and the United Nations
(Public Law 357 - 80th Congress). It iL also responsible for
the registration and documentation of the Secretary-General and
all Assistant Secretaries-General of the United Nations, who,
together with their spouses and minor children, are likewise
entitled to diplomatic privileges and immunities, pursuant to
Section 19 of the Convention on Privileges and Immunities of
the United Nations (21 UST 1418).
The USUN registration system differs from that of the
Office of Protocol, since the Host Country Affairs Office of
USUN performs a ministerial rather than a discretionary
function. This is so because the UnitFH Nations is the
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accrediting agency, and therefore the UN missions submit the
notification forms on their new members to the UN Protocol
Office, which determines whether UN accreditation criteria have
been met, transcribes the essential data onto its own forms,
and forwards those forms to USUN's Office of Host Country
Affairs for entry into the Department's records system and
database and the issuance of credentials. USUN puts out a
semiannual publication, "Permanent Missions to the United
Nations," which lists the officers of each mission entitled to
diplomatic privileges and immunities. A master copy of that
publication reflecting all terminations, additions, and other
changes is kept current by USUN, forming the basis of the next
issue.
In addition to the registration process we have described,
recently developed photo I.D. cards, with distinctive
color-coded borders and language indicating the level of
immunity of the bearer as well as 24 hour contact numbers for
inquiries, are now being issued to members of the diplomatic
communities in Washington and New York, replacing the old-style
identification documents issued over the years.
? Diplomats and members of missions to the United Nations and
the Organization of American States entitled to diplomatic
privileges and immunities who have not yet received the new
credentials can readily be identified as possessing diplomatic
411 immunity through the I.D. cards previously issued to them.
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However, law enforcement authorities are not, without making
inquiry of the Department, able to establish the immunity
41, status of employees of the diplomatic missions because these
personnel have not yet received the new identification cards,
and they had not previously been issued cards documenting their
status. In these cases it is necessary for local authorities
to contact the Department to verify the status of a person
claiming immunity, and the level of immunity to which the
individual is entitled. The Department can identify all
individuals entitled to immunity from the hard-copy records in
its files, augmented by information in the database, and after
normal hours through the supplements to published lists
contained in the duty officer kits.
The Department's "Guidance for Law Enforcement Officers"
urges law enforcement authorities not to rely upon even the new
identification cards, but instead to seek verification from the
Department in connection with any, serious incident, or in any
case where they have reason to question the validity of the
card. We expect that the new cards will reduce uncertainty
about the status of individuals claiming immunity and of the
level of immunity that each individual should receive. The
Department will, however, continue to urge law enforcement
officials to contact the Department to verify status, even when
all personnel carry the new cards.
?
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The Foreign Relations Authorization Act for 1988/89, as
passed by the Senate, would have required the Department to
develop and implement procedures for the registration and
departure of diplomats and their families. As illustrated
above, the Department already has well established procedures
for the registration of diplomats.
Upon departure, diplomatic personnel are required to fill
out Form DS-1497a, "Notice of Departure of Foreign Diplomatic
Officer," and submit the form to the Office of Protocol.
Similarly, other government personnel are required to fill out
Form DS-394a, "Notice of Termination of Employment with a
Foreign Government," and submit it to the Office of Protocol.
Identification cards are returned with these submissions. The
Department plans to devise a system whereby all credentials as
well as license plates will be returned to the Department with
the termination forms.
The United Nations requires members of permanent missions
who are leaving to file a form entitled "Notification of Final
Departure of Members of Permanent Missions to the United
Nations," and submit the form to the United Nations Protocol
Office. The information from these forms is compiled by the
U.N. and submitted to the U.S. Office of Host Country Affairs
twice monthly.
Enclosure: EXHIBIT F - Circular Diplomatic Notes Dated
May 1, 1985 and November 5, 1986.
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137(b)(8)
The extent to which the Department of State is
able to identify diplomats allegedly involved in
serious crimes 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 individuals under nonimmigrant and
immigrant categories unrelated to section
101(a)(15)(A) of the Immigration and Nationality
Act.
We have described in detail in Section 137(b)(7) the
records systems that are maintained on diplomatic and consular
personnel in Washington by the Office of Protocol, and on UN
missions in New York by our mission to the U.N. We have also
described there the improved identification credential cards
now being issued to such personnel which reflect the degree of
immunity enjoyed by each bearer, and the periodic publications
of lists of diplomats and others entitled to diplomatic
411 immunity. In addition, the Department's booklet, "Guidance for
Law Enforcement Officers," described in Section 137(b)(4),
devotes an entire chapter to "Identification of Persons
Entitled to Privileges and Immunities in the United States."
That chapter provides a comprehensive discussion of the various
means by which police officials can identify the status of an
individual, but also stresses the importance of verification in
questionable cases by telephonic inquiry to offices in
Washington and New York, and provides telephone numbers for use
both during and after normal business hours.
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In short, the Department has an effective and reliable
system in place for readily identifying the immunity status of
any member of a foreign mission in the United States who may
become involved in a serious crime in the United States. The
Department, however, must rely on local law enforcement
authorities to inform the Department promptly about incidents
involving diplomats or others who possess immunity from
criminal jurisdiction so that we can proceed immediately to
take any necessary action.
Due to certain misconceptions regarding the scope of
diplomatic immunity, there has been a seeming tendency by some
in the law enforcement community to dismiss or overlook such
411 offenses in some instances. However, this problem is being
overcome through the efforts of the Department's Bureau of
Diplomatic Security. The responses in Sections 137(b)(4) and
(5) contain a comprehensive discussion of all aspects of the
problem and a number of steps that have been and are being
taken to improve the education of law enforcement officials in
this regard and to strengthen the Department's links with the
law enforcement community. We believe that these efforts
should ensure the complete accountability of diplomatic and
consular personnel for any criminal activity.
?
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Discussion of the extent to which ezisting law may be
inadequate to prevent subsequent readmission of former
diplomats removed from the United States for alleged involvment
in serious crime is set forth in the response to Section
137(b)(6).
?
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137(b)(9) A comparison of the procedures for the issuance
of visas to diplomats from foreign nations to the
United States and international organizations
with the procedures accorded to United States
diplomats to such nations and to international
organizations in such nations, and
recommendations to achieve reciprocity in such
procedures.
As nations already tend to reciprocate in their treatment
of diplomats, it is the Department's experience that the
procedures for processing the equivalent of A visas for United
States diplomats by foreign nations is the same or similar to
the Department's procedures. The generally accepted
international practice for the issuance of diplomatic visas is
for the sending State to submit to the embassy of the receiving
State a diplomatic note which identifies the diplomat and the
411 purpose and length of his/her mission. These notes are
generally accepted as honest statements of fact. Accompanying
the note is the applicant's passport and, on the basis of
reciprocity, a completed visa application form and photo(s).
The same procedures apply to family members who either travel
with or follow to join the diplomat)"
1/ The issuance of visas to diplomats to international
organizations is handled by the organization's host country.
In issuing such visas, the host country generally imposes the
same procedures as it does on the issuance of visas to
diplomats to the country itself.
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137(b)(10)(A) - A review of the definition of the term
"family" under the Diplomatic Relations Act.
137(b)(10)(B) - An evaluation of the effect of amendments
to the term "family" on the number of
persons entitled to diplomatic immunity in
the United States.
137(b)(10)(C)
- 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
committed in the United States by members of
foreign missions and their families entitled
to immunity from the criminal jurisdiction
of the United States.
Report on the Definition and Scope of"Familv" under the
Diploma ic Relations Act.
Subsection 10(A): Review of Definition of "Family."
The present definition of family in the Diplomatic
Relations Act, 22 U.S.C. 254a(2), is as follows:
(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 the Vienna
Convention [on Diplomatic Relations].
Article 37 of the Vienna Diplomatic Convention states,
in pertinent part,:
1. The members of the family of a diplomatic
agent forming part of his household shall, if
they are not nationals of the receiving State,
enjoy the privileges and immunities specified in
Articles 29 to 36.
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2. Members of the administrative and technical
staff of the mission, together with members of
their families forming part of their respective
households, shall, if they are not nationals of
or permanently resident in the receiving State,
enjoy the privileges and immunities specified in
Articles 29 to 35, except that the immunity from
civil and administrative jurisdiction of the
receiving State specified in paragraph 1 of
Article 31 shall not extend to acts performed
outside the course of their duties.
Articles 29 through 36 of the Vienna Diplomatic Convention
provide for:
personal inviolability (Article 29)
inviolability of premises and papers (Article 30)
immunity from criminal jurisdiction, almost complete
immunity from civil and administrative jurisdiction,
and freedom from the obligation to give evidence as a
witness (Article 31)
waiver of immunity (Article 32)
exemption from social security provisions (Article
33);
almost complete exemption from dues and taxes (Article
34)
exemption from all personal services and military
obligations (Article 35)
duty free entry for official and personal articles and
exemption from search of personal baggage unless there
are serious ground to believe it contains illegal
articles (Article 36).
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Development of Vienna Convention Definition
In practice, it has always been accepted that the spouse
and children of a diplomat were entitled
and immunities as the diplomat himself.
Law Commission and the Vienna Conference
no dispute over the provision in Article
diplomatic
diplomatic agent.
to the same privileges
In the International
there was, apparently,
37(1) extending full
privileges and immunities to the family of a
However, there was great difficulty at the
Vienna Conference in defining "family;" the privileges and
immunities granted to family were clearly derivative, in that
the wife and children, as close members of the family, were
regarded as extensions of the person of the diplomat, and their
protection was necessary to secure the diplomat's
independence. Thus, use of the definition "forming part of his
.
household," conformed to traditional international practice,
but the differing concepts of the term "family" around the
world made it impossible for the States to reach a definition
at the Vienna Conference. The drafters left the matter to be
resolved according to the standards of the respective receiving
States and on the basis of reciprocity. While it is clear that
spouses (including husbands) and minor children are universally
accepted-as members of the family, the resolution of the term
"family" for other persons is usually determined by the
practice of the receiving State. Denza, Diplomatic Law, 223-24.
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U.S. Practice with Regard to Definition of Family
Over the past six years the United States has adopted
definitions of family that have been communicated to the
missions by means of circular notes. Beginning in 1982, the
United States revised the definition of "immediate family" in
regulations implementing the Immigration and Nationality Act at
22 C.F.R., Part 41. The new definition provided that
"immediate family" for the purposes of eligibility for A-, G-,
or NATO visa classification:
[I]ncludes the spouse, unmarried sons or daughters,
whether by blood or adoption, of the principal alien
who are not members of some other household, and who
will reside regularly in the household of the
principal alien. "Immediate family" also includes,
upon individual authorization by the Department of
State, other close relatives who are members of the
immediate family by blood, marriage, or adoption,
who are not members of some other household, and who
will reside regularly in the household of the
principal alien. The persons in this latter
category must also be recognized as dependents by
the sending Government as demonstrated by their
eligibility for all rights and benefits, such as the
issuance of a diplomatic or official passport and
travel and other allowances, which would be granted
to the spouse and children of the principal alien.
(Circular Note of 1/22/82. Attached as Exhibit G.)
In 1986, the Department further defined "family ... forming
part of ... household" for the express purpose of application
in the United States of the Vienna Convention on Diplomatic
Relations. This definition provided:
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[T]he spouse of a member of the mission and his or
her unmarried children under 21 years of age, who
are not members of some other household, and who
reside exclusively in the principal's household.
Additionally, the term 'family' includes children
under 23 years of age who are attending an
institution of higher learning on a full-time
basis. Other persons who are not members of some
other household, who reside exclusively in the
principal's household, under exceptional
circumstance and with express approval of the
Department of State, may also be considered 'family'
for the purposes of the Vienna Convention. In such
exceptional cases, the sending State must formally
request consideration by the Department of State and
must include full justification for the requested
exception.
Taking into account that members of the family may
not be accompanying the principal during the
assignment to Washington but may nonetheless join
the household for visits or during holiday periods,
such persons as otherwise fall within the definition
specified above also are considered to be family
members for the purposes of the Vienna Convention.
(Circular Note of 5/22/86. Attached as Exhibit H.)
A follow-up note to the May 22, 1986 note was sent on
February 2, 1987. This circular note advised the missions of
the definition adopted by the United States and informed the
missions that once a family member reached the age of 21, all
privileges and immunities to which that person had been
previously entitled in the United States would expire within 30
days. If the person involved were a full-time student, the
mission must send a note to the Office of Protocol within 30
days formally requesting continuation of "family" status. In
addition, the note circulated a computer printout listing all
children who did not appear to satisfy the criteria for
111 acceptance as family members forming part of the household for
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the mission's review, and requested diplomatic notes explaining
411 the circumstances of these cases. (Circular Note of 2/2/87.
Attached as Exhibit I.)
Finally, the circular note of September 21, 1987 presented
the United States' policy with regard to allegations of crime
on the part of members of the missions or members of the
families. The note stated that: "[W]hen such cases involve
dependents, the Department may require the removal of the
principal from whom privileges and immunities are derived and
the members of his or her family when the sending government
declines to waive immunity or the Department determines that
such action otherwise is necessary or appropriate." (Circular
Note of 9/21/87. Attached as Exhibit J.)
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Practice of Other States with Regard to Definition of Family
In October 1985, the State Department asked all diplomatic
posts to provide certain information on the receiving States'
practice with regard to family members. In sum, the Department
asked about:
a) the number of dependent children age 21 to 25 at post or
residing separately in order to attend full time
institutions of higher learning;
(b) whether the receiving State recognized such children as
family forming part of the household; and
c) about the receiving State's definition of diplomatic
family for the purpose of granting immunity.
(The Department issues diplomatic passports and pays for travel
of FSO dependents until the age of 23 for college students.)
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With regard to question (b), 25 posts responded that the
? host government accepted students living away from home in
order to go to school as family members, two host governments
did not, and two responses said the host government's policy
was ambiguous.
With respect to question (c), 64 posts (out of 86 responses
to this question) said the host country will recognize anyone
as a dependent whom the sending State requests, requiring only
notification from the embassy, and, in some cases, issuance of
a diplomatic passport by the sending State, or evidence of the
sending State's practice with regard to its dependents.
Sixteen host States applied specific rules based on their own
practices. For example, Australia recognizes full time
411 students up to the age of 23; Belgium recognizes no sons over
the age of 21, but daughters of any age; France recognizes
unmarried dependent daughters of any age, but no sons over 21;
and Singapore recognizes children under 22. (Copies of the
outgoing cable and a summary of the responses are included as
Exhibit K.)
In addition, Denza, in Diplomatic Law at 225, describes in
detail the policy of the United Kingdom with regard to the
definition of family member. The Government of the United
Kingdom defines "family" to include the spouse and minor
children, and certain other persons in exceptional
circumstances. A minor is defined as a child under 18, in
accordance with U.K. law. Generally, exceptional circumstances
fall into three categories: (a) a person who fulfills the
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social duties of hostess to the diplomatic agent (for example
the sister of an unmarried diplomat or the adult daughter of a
widowed diplomat); (b) the parent of a diplomat living with him
and not engaged in paid employment on a permanent basis; and
(c) the child of a diplomat living with him who has attained
majority but is not engaged in paid employment on a permanent
basis. Students are included in this category provided that
they reside with the diplomat at least during vacations.
Other International Agreements that Provide Privileges and
Immunities to Family Members
The Vienna Convention on Diplomatic Relations is not the
only treaty that provides privileges and immunities for family
members of diplomatic, consular and other foreign government
personnel in the United States. Set forth below is a summary
of the different agreements and what privileges and immunities
they grant to family members.
Vienna Consular Convention
This Convention does not provide any immunities to family
members but provides them with the following privileges:
exemption from registration of aliens and residence
permits (Article 46)
exemption from social security provisions (Article 48)
almost complete exemption from all taxes (Article 49)
duty free entry for articles for personal use, and
exemption from inspection of personal baggage unless
there is serious reason to believe the baggage
contains illegal articles.
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Bilateral Consular Conventions and Other Agreements
In addition, there are a number of bilateral consular
conventions and other agreements that grant heightened
privileges and immunities to consular officers and employees
and their family members. Some of these conventions are with
States which neither have consulates in the United States nor
have United States' consulates in their State. These
conventions, with Bulgaria, Czechoslovakia, the German
Democratic Republic, and Romania, are not discussed. The
agreements that actually apply in the United States are:
U.S. - Soviet Union Agreements
111 An agreement of 10/31/86, set forth in an exchange of notes
?
(Attached as Exhibit L), provides for "on the basis of
reciprocity, that family members forming part of the households
of consular officers and employees who are nationals of the
sending State shall enjoy immunity from the criminal
jursidiction of the receiving State ...
In addition the 1968 Consular Convention 19 U.S.T. 5018,
provides for:
exemption from military or other compulsory service
(Article 24).
exemption from alien registration and residence
permits (Article 25).
same exemption from customs duties as granted
diplomatic personnel in the receiving State
(Article 26).
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A 1978 Exchange of Notes between the U.S. and Soviet Union,
30 U.S.T. 2341, grants all employees of the sending State
Embassy the privileges and immunities of diplomatic agents in
the receiving State. Thus, this granted full criminal immunity
and almost full civil immunity, in addition to the other
privileges and immunities of the Vienna Diplomatic Convention,
to the family members of the administrative and technical
staff, and the service staff.
U.S. - People's Republic of China Consular Convention
Article 1(7) defines "members of the family" to mean
spouse, minor children and other relatives of a member
of a consulate who form a part of his household.
Article 13(1) provides that family members are immune
from the criminal jurisdiction of the receiving State.
Article 14 provides for waiver by the sending State.
Article 15 provides for exemption from military or
other compulsory service.
Article 17 provides for exemption from almost all dues
and taxes.
Article 18 provides for exemption from customs duties
and exemption from inspection of personal baggage
except where there are serious grounds to believe it
contains illegal articles.
In addition, in an exchange of notes in November, 1980, the
U.S. and the People's Republic of China agreed that all members
of the sending State's Embassy would be accorded the privileges
and immunities of diplomatic agents in the Vienna Diplomatic
Convention.
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U.S. - Hungary Consular Convention
Provides that members of the family of the consular
officer, residing with him, shall enjoy immunity
except for certain civil actions. (Article 15 (3).)
Provides that members of the family of a duly notified
consular employee having administrative and technical
functions, residing with him, shall be immune from
criminal jurisdiction. (Article 15(4)(b).)
Waiver of immunity (Article 18).
Exemption from military and other
(Article 19).
Exemption from alien registration
permits (Article 21).
compulsory service.
and residence
Exemption from almost all taxes (Article 25).
duty free entry for personal goods, and exemption frOm
search of personal baggage except where serious
grounds to believe it contains illegal articles
(Article 26).
Exemption from social security obligations (Article
28).
U.S. - Poland Consular Convention
Members of the family of consular officers who form
part of their household enjoy full criminal and almost
full civil immunity from jurisdiction. (Article (13)1.)
Exemption from military or other compulsory service,
and from alien registration or residence permits.
(Article 15.)
Exemption from customs duties for personal baggage and
effects. (Article 17.)
Almost complete exemption from taxes (Article 20).
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U.S. - Philippines Consular Convention
Under a most-favored-nation clause in the 1947 treaty
between the U.S. and the Philippines, the Philippines chose the
convention with Poland as representing the
most-favored-nation. The exchange of notes effecting this
matter are attached at Exhibit M.
United Nations
Under the Agreement between the U.N. and the U.S. Regarding
the Headquarters of the United Nations, Section 15:
(1) every person designated by a Member as the principal
resident representative to the U.N. of such Member or as a
resident representative with the rank of ambassador or
minister plenipotentiary,
(2) such resident members of their staffs as may be agreed
upon between the Secretary-General, the Government of the
United States and the Government of the Member concerned,
(3) every person designated by a Member of a specialized
agency, as defined in Article 57, paragraph 2, of the
Charter, as its principal resident representative, with the
rank of ambassador or minister plenipotentiary, at the
headquarters of such agency in the United States, and
(4) Such other prinicipal resident representatives of
members to a specialised agency and such resident members
of the staffs of representative to a specialised agency as
may be agreed upon between the principal executive officer
of the specialized agency, the Government of the United
States and the Government of the Member concerned, shall,
whether residing inside or outside the headquarters
district, be entitled in the territory of the United States
to the same privileges and immunities, subject to the
corresponding conditions and obligations, as it accords to
diplomatic envoys accredited to it.
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In addition, the Convention on the Privileges and
Immunities of the United Nations, provides, in section 19, that:
In addition to the immunities and privileges specified
in section 18, the Secretary-General and all Assistant
Secretaries-General shall be accorded in respect of
themselves, their spouses and minor children, the
privileges and immunities, exemptions and facilities
accorded to diplomatic envoys, in accordance with
international law.
Section 20 of the U.N. Convention on Privileges and
Immunity provides that the U.N. can waive this immunity.
On March 16, 1987, the U.S. Mission to the United Nations
sent all the missions a circular note informing them of the
U.S. definition of family. A note to the U.N. itself was also
sent, with the definition of family limited to spouses, and
children under 21, because the language of the Privileges and
Immunities Convention provides privileges and immunities for
"minor children" only. Exhibit N.
International Boundary and Water Commission
Article 2 of this treaty between the U.S. and Mexico, 59
Stat. 1219, 9 Bevans 1166, provides, in pertinent part:
The Commission shall in all respects have the status
of an international body, and shall consist of a
United States Section and a Mexican Section. ... The
Commission or either of its two Sections may employ
such assistants and engineering and legal advisers as
it may deem necessary. Each Government shall accord
diplomatic status to the Commissioner, designated by
the other Government. The Commissioner, two principal
engineers, a legal adviser and a secretary, designated
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by each Government as members of its Section of the
Commission, shall be entitled in the territory of the
other country to the privileges and immunities
appertaining to diplomatic officers.
The privileges and immunities granted to diplomatic
officers include the privileges and immunities for their family
members.
Organization of American States
Pursuant to specific authorization from Congress, 22 U.S.C.
288g, the United States and the O.A.S. entered into an
agreement providing for privileges and immunities, 26 U.S.T.
1025. This agreement provides, in pertinent part of Article 1,
that:
The privileges and immunities which the Government of
the United States of America accords to diplomatic
envoys accredited to it shall be extended, subject to
corresponding conditions and obligations, to any
person designated by a member State ... as its
Representative or its Interim Representative to the
Organization of American States, and to such Alternate
Representatives and Advisers of the missions of member
States ... as well as to the Permanent Observers and
Alternate Observers of non-member States, excluding
persons who are serving in a purely
administrative-technical, clerical or other similar
nonrepresentative capacity ....
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Subsection 10(B) and (C): An Evaluation of the effect of
amendments to the term "family" on the number of persons
entitled to diplomatic immunity in the United States, and the
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IP Potential Effect on the Number of Serious Criminal Offenses
Committed in the U.S. by Foreian Mission Members and their
Families Entitled to Immunity.
An amendment incorporating the definition of "family" being
used under U.S. practice, would, of course, not affect the
number of persons entitled to privileges and immunities as that
definition is already in use. Such an amendment may be useful
to codify practice with regard to the Vienna Conventions on
Diplomatic and Consular Relations, but would limit the U.S.
Government's flexibility to modify the definition in the future.
Several charts have been prepared, using figures from
August of 1987, which set out the number of family members that
have immunity from some form of jurisdiction of the United
States and the source of the immunity. (Exhibit 0.) These can
be used to determine the effect of amendments which result in
removing immunity from an entire class of persons such as
Soviet Embassy employees' family members in Washington, or
Polish Consular officers' family members. However, as all
these listed immunities derive from international obligations
of the United States, we would be opposed to eliminating any of
these groups altogether.
One alternative may be to reevaluate our practice in light
of the practice of other States which limit the definition of
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family member to those under the ages of 21 or even 18.
However, very few states use 18 as a cut-off age (U.K., Benin,
Portugal, and Turkey) and these all have exceptions for
411 students, dependents, unmarried children, or even on the basis
of sex. These exceptions essentially mirror the exception used
by the United States' definition for children up to the age of
23. In addition, the United States' definition mirrors the age
at which the U.S. will no longer consider a child of a U.S.
diplomat as a dependent entitled to travel allowances,
benefits, and a diplomatic or official passport. Thus, the
present U.S. definition has been carefully drafted in light of
our own practice of defining dependents, and consistent with
the practice which we have found acceptable overseas. A
greater narrowing of the class of persons falling within the
definition of family may be harmful to the U.S. and its
interests overseas, in that it may result in a large number of
U.S. dependents living abroad with their parents without the
protection of immunity.
The U.K., in its extensive reports reviewing diplomatic
privileges and immunities after the incident at the Libyan
People's Bureau in London, recommended against amending the
Vienna Convention itself, in view of the difficulties of
achieving any restrictive amendment. The U.K. also believed it
was doubtful if there would be any net gain to the U.K. by
terminating the Convention, because the Convention has become
customary international law so that any termination, if legally
possible, would leave the U.K. in substantially the same
411 position. Government Report on Review of Vienna Convention on
Diplomatic Relations, 6, 29 (1985); Brenchley, Diplomatic
Immunities and State-Sponsored Terrorism, 24 (1984).
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Instead, the recommendations in the U.K. report stated
"that a firmer policy towards application of the Vienna
Convention is the only effective weapon that the Government
possesses and should be strongly pursued. The only realistic
alternative ... is to introduce an improved and more detailed
code of practice based on a strict application of the measures
available under the existing Vienna Convention." Government
Report, at 9 & 24.
The Department of State is following a similar strategy in
its efforts to reduce the number of persons having immunity
from the criminal jurisdiction of the U.S. by providing for
stricter guidelines on the definition of family member. The
circular note of May 22, 1986, for example, had the effect of
removing approximately 400 children from the lists of persons
eligible for privileges and immunities because they were over
the age of entitlement. In addition, we are trying to deter
future criminal offenses by those having immunity by providing
for harsher consequences for those who violate U.S. laws,
including harsh consequences for the principal of the family
member involved.
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Enclosures: EXHIBIT G: Circular Diplomatic Note Dated
January 22, 1982
EXHIBIT H: Circular Diplomatic Note Dated
May 22, 1986
EXHIBIT I: Circular Diplomatic Note Dated
February 2, 1987
EXHIBIT J: Circular Diplomatic Note Dated
September 21, 1987
EXHIBIT K: Copy of outgoing cable and a summary
of the responses re: Survey of Practice Regarding
"Family Forming Part of Household"
EXHIBIT L: U.S. - Soviet Union Agreements:
Agreement of 10/31/86 - Exchange of Notes
EXHIBIT M: Philippines: Exchange of notes re:
most-favored-nation clause
EXHIBIT N: USUN Circular Diplomatic Note Dated
March 16, 1987
EXHIBIT 0: Statistics - Family Members Entitled
to Immunity: Washington, D.C., New York City and
Outside Washington, D.C. and New York City by
Category and Type of Immunity.
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137(b)(11)
An examination of all possible measures to
prevent the use of diplomatic pouches for the
illicit transportation of narcotics, explosives,
or weapons.
Article 27 of the Vienna Convention on Diplomatic Relations
governs treatment of the diplomatic pouch and provides that it
shall not be opened or detained. We have weighed the competing
interests of the United States Government as both a sender and
a receiver of the diplomatic pouch and have concluded that, on
balance, we have a greater interest as a sender, in preserving
the integrity of the pouch.
While there have been instances of abuse of the
inviolability of the pouch, it has been our experience that
411 such abuses for the illicit transportation of narcotics,
explosives, or weapons are relatively rare compared to the
reasonable and proper uses routinely made of the bag.
Moreover, the existing general procedures used by foreign and
domestic authorities for detection of the entry of such items
are sufficient to discourage abuses.
In recent years, there have been proposals, both domestic
and international, to change the existing regime regarding the
pouch to permit under a variety of circumstances the
examination of the pouch by x-ray or other means. As the
largest sender of diplomatic pouches, the United States has
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55
traditionally been of the view that the inviolability of the
pouch must be maintained and has resisted such changes in the
current regime. The diplomatic pouch is utilized to send
classified and sensitive documents and articles, including
communications and ciphering equipment, which is vital to the
operation of our missions abroad and the accomplishment of our
foreign policy and national security objectives. Any provision
which would allow scanning of the bag risks compromising the
confidentiality of sensitive communications equipment and other
contents of the bag.
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137(b)(12)
An examination of the considerations in
establishing a fund for compensating the victims
of crimes committed by persons entitled to
immunity from criminal prosecution under the
Vienna Convention on Diplomatic Relations and
other treaties, including the feasibility of
establishing an insurance fund financed by
foreign missions.
A. In recent years there have been several instances in the
Washington and New York areas of the infliction of serious
injury on innocent persons through criminal or tortious acts
committed by persons entitled to immunity that have received
considerable publicity. The inability of the victim in such
incidents to seek redress through the courts or through victim
compensation programs available in most States and the
inability in most cases to obtain relief from any other source
touched a sensitive nerve in, and aroused the righteous
indignation of, the many Americans who learn of these
incidents, often in sensational terms, through the media.
When such incidents occur, it is the responsibility of
the perpetrator and his or her government, in the first
instance, to compensate the victim. For its part, the
Department of State makes a great effort to secure such
compensation. Often, the Department's intervention is
successful. In some cases, however, the victim may not receive
compensation despite the Department's efforts.
This situation would be improved by establishing a
statutory right under prescribed conditions to seek
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compensation through some established government
instrumentality on the part of anyone who has suffered a grave
411 injury at the hands of a foreign mission member with diplomatic
immunity. Such an instrumentality might be one of
the crime victim programs which are in existence in four-fifths
of the States and are partially funded out of the Treasury
through the Victims of Crime Act of 1984; or it could be a
mechanism created for the sole purpose of entertaining and
adjudicating such claims. For example, H.R. 3036 proposes to
add the victims of persons having diplomatic immunity to a list
of persons eligible for compensation, pursuant to the Victims
of Crime Act of 1984, when they are unable to get compensation
from the perpetrator. The beneficiary of diplomatic immunity
is fundamentally the United States Government because United
!II States diplomatic personnel abroad could not function without
diplomatic immunity. It therefore appears reasonable to spread
the costs to victims of such crime among U.S. taxpayers under
certain circumstances, rather than to let it fall on the
injured individuals. The funding required for such a program
would be relatively modest, and in any event should be viewed
as a necessary cost of conduct of foreign relations.
It would be well, however, to review at this point other
possible sources of relief which might be available and should
be exhausted before a victim could turn to the proposed Federal
compensation system.
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Should the victim's injuries have been sustained in an
automobile accident, the automobile driven by the person with
? immunity should be covered by liability insurance in accordance
with the Diplomatic Relations Act of 1978 and the Department's
implementing regulations. Such insurance, which has minimum
liability requirements much higher than those imposed by the
several States, should provide adequate compensation in most
cases of this nature.
Another possible avenue of recourse may be open to the
victim through the Foreign Sovereign Immunities Act of 1976.
Under one of the general exceptions to jurisdictional immunity
of a foreign State contained in that Act, section 1605(a)(5),
it could be possible in some cases for an injured party to file
suit for money damages against a foreign State when it is
alleged that personal injury or death, or damage to or loss of
property, occurring in the United States has been caused by the
tortious act or omission of any member of the foreign mission
of that state, provided it can be shown that that individual
was at the time acting within the scope of his office or
employment.
If no relief is obtainable through the means just
described, the Department of State makes its best efforts to
prevail upon the foreign government to make a suitable ex
aratia payment.
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p.
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Two other possibilities of providing compensation to one
who has suffered grave injury at the hands of a person with
diplomatic immunity would require legislative action. One
would be the making of an ex gratia payment out of the Treasury
after authorization by a private bill. This route toward
relief is a difficult and uncertain one, however; moreover, if
successful, it discriminates against other victims who are
similarly denied redress through the court but have been unable
to enlist advocacy in the Congress, or whose legislative
efforts have not been successful. The other possibility which
would require legislative action would be, again by act of
Congress, to proclaim as a matter of national policy the
assumption of responsibility by the Federal Government to
indemnify the victims in specified classes of cases.
Both possibilities present problems which, in our
judgment, should be carefully considered before being used. We
believe that a compensation or indemnification fund would be
the more reliable approach, but we also believe that a careful
study of the problem and of its optimum solution should be
conducted prior to the drafting of legislation on the subject.
The practice of some other countries, particularly those in the
European Community, should be consulted in such a study. We
know, for example, that such victims have access to a Criminal
Injuries Compensation Board in the United Kingdom, and that in
Canada the Federal Department of Justice has entered into
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cost-sharing criminal injuries compensation programs with the
provinces and the territories, to which victims of persons
411 shielded by immunity have access. The Department of State
would be pleased to participate in any such study.
B. Any requirement to establish an insurance fund to protect
American citizens from criminal acts by diplomats does not
appear to be feasible at this time. To the Department's
knowledge, coverage for criminal liability insurance does not
exist in the commercial insurance market. A foreign mission
may, however, purchase general liability insurance which will
protect the embassy against any acts of negligence.
This does not preclude a mission or missions from
establishing an insurance fund financed by members of the
diplomatic community. The custodian of the fund, however,
would be faced with a number of administrative and logistical
complexities such as a determination of payment. Further, the
lack of this type of coverage in the existing commercial market
in all likelihood would result in a negative reaction by the
diplomatic community to a mandatory contributive fund, with
resultant noncompliance. In addition, in the event that such a
criminal insurance fund could be established and administered
by the diplomatic community, significant difficulties would
certainly arise in the award of compensation outside the
411 judicial system. Finally, there is no legal basis upon which
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we could require the diplomatic community to subscribe to such
a compensation fund, and enforce any failures to subscribe or
otherwise participate.
This question will be further discussed in terms of the
overall insurance study being undertaken by the Office of
Foreign Missions in the context of catastrophic coverage which
could be construed to include the results from incidents
involving diplomatic criminal acts.
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Index of Exhibits
EXHIBIT
A Statistics: (A-1) Unpaid Debts - Missions in
Washington, D.C.
(A-2) Unpaid Debts - UN Missions
Statistics: (B-1) Alleged Criminal Cases -
, Missions in Washington, D.C.
(B-2) Alleged Criminal Cases United
Nations Missions
(B-3) Diplomatic Motor Vehicle
Operation Violations,-
Missions in Washington, D.C.
"Guidance for Law Enforcement Officers: Personal
Rights and Immunities of Foreign Diplomatic and
Consular Personnel"
Law Enforcement and the Diplomatic Community -
Schedule of Seminars 1988
Seminar on Law Enforcement and the Diplomatic
Community: March 1, 1988 Agenda
Circular Diplomatic Notes Dated May 1, 1985 and
November 5, 1986
Circular Diplomatic Note Dated January 22, 1982
Circular Diplomatic Note Dated May 22, 1986
Circular Diplomatic Note Dated February 2, 1987
Circular Diplomatic Note Dated September 21, 1987
Copy of outgoing cable and a summary of the
responses re: Survey of Practice Regarding "Family
Forming Part of Household"
U.S. - Soviet Union Agreements: Agreement of
10/31/86 - Exchange of Notes
Philippines: Exchange of notes re:
most-favored-nation clause
USUN Circular Diplomatic Note Dated March 16, 1987
0 Statistics: Family Members Entitled to Immunity -
Washington, D.C.; New York City; Outside Washington,
D.C. and New York City, by category and type of
immunity
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EXHIBIT: A-1
gRECIAL--CASES-- LINPALILIZIME
Missions in Washington. D.C.
As of February 29. 1988
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EXHIBIT: A-1
SPECIAL CASES - UNPAID DEBTS
Missions in Washinaton. D.C.
As of February 29. 1988
KEY: (A) Diplomat
(B) Dip/Dependent
(C) Administrative & Technical Staff
(D) A&T/Dependent.
(E) Embassy
(L/T) Landlord Tenant Dispute
DATE
AMOUNT
COMPLAINANT
DEPARTMENT
CONTACTED
vs (SEE "Key")
09/29/81
06/30/87
12/18/84
07/20/83
$448.00
$6,178.90
$213.54
$1,500.00
S.Meisel Co. vs (A)
Gen Serv Leasing vs Emb'y
Dis't Electric Co. vs (A)
Riggs Nat'l Bank vs (A)
04/26/83
$3,662.28
Alltransport Shipping vs
Embassy
04/11/83
$10,050.89
L/T Dispute: Dr. & Mrs.
Tavallali vs Embassy and
Emb'y vs Tavallalis.
01/20/88
$57,215.74
Geo.Wash.Med.Cntr v Emb'y
01/09/87
$89.00
Geo.Wash.Med.Cntr v (A)
06/26/86
$5,733.30
Riggs vs (A)
02/28/86
$1,045.03
Riggs vs (A)
06/16/84
$168.00
Ms. Menou vs (A)
11/28/86
$2,060.67
Howard U Hosp vs Embassy
09/19/86
$18,817.91*
Wash.Hos.Cntr vs Embassy
*Will settle for $12,000
01/28/86
$1,406.33
Arlington Hosp vs Embassy
06/30/85
$30.00
Dr. Coleman vs (B)
01/23/85
$1,049.42
Sovran Bank vs (A)
10/27/87
$3,000.00
L/T Dispute: M. Lynch Realty
vs Embassy
03/03/87
(V)
L/T Dispute: (water damage)
Owens vs Embassy
7/15/87
(V)
L/T Dispute: Breach of
Contract Ms. Gaia vs (C)
09/28/87
$172.00
Dr. Maglio vs Embassy
07/14/82
$370.00
Meisel vs (A)
10/27/87
$1,170.86
Hessick Co. vs Embassy
08/05/87
$1,970.63
Office Boy v Embassy
07/07/86
$1,904.87
L/T Dispute: Shannon &
Luchs:Choudhury vs (A)
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2
DATE
AMOUNT
COMPLAINANT
DEPARTMENT
CONTACTED
vs (SEE "Key")
01/29/86
12/21/85
09/29/85
09/05/84
$2,046.12
$1,500.00
$605.00
$1,323.37
Riggs vs (A)
Dr. DePaola vs NY ConGen
Prestige Travel vs Emb'y
Riggs vs (A)
11/18/87
$31,800.00
Dominion Leasing Corp vs
Embassy
2/2/87
$4,469.93
L/T Dispute: Horn vs Embassy
05/12/85
$570.00
Meisel vs (A)
06/05/84
$3,847.50
Howard U Hosp vs (A)
06/30/83
$7,116.00
Bankers Trust vs (A)
02/26/88
$4,441.76
Riggs vs (A)
07/18/86
$151.50
Meisel vs Employee
06/26/86
$1,765.19
Riggs vs Employee
02/20/86
$2,816.99
Riggs vs Employee
07/26/85
$1,284.29
Riggs vs Employee
03/16/87
$7,547.20
L/T Dispute: Dr. Mohammad
Haq v Embassy
02/12/88
$8,528.71
Geo.Wash.Univ.vs Emb'y
09/24/87
$1,544.00
ITT vs (C)
09/22/87
$2,847.79
Lawyers Coop.Pub.Co vs
Employee
08/25/87
$7,446.96
Colortone vs. Gov't Official
02/05/87
$5,012.70
Xerox v Embassy
08/13/86
$150,684.00
Frontier Construction vs
Gov't (Congen authorized
construction)
05/06/86
$5,387.55
R.D. Shaheen vs (A)
03/24/86
$130.00
Da Luz vs (C)
12/29/85
$2,800.00
Dr.011stein vs UN Employee
10/29/85
$596.04
Hechinger vs (A)
07/27/84
$455.76
Sears vs Employee
10/25/83
$3,693.00
Central Traval vs Embassy
09/29/83
$5,776.00
Drs. Adeson, Deutsch &
Nigro; Dr. Alperstein &
Klousia vs Embassy
01/25/82
$15,000.00
Auto Accident
01/18/82
$2,710.42
Barry Wright Corp v Emb'y
08/17/84
$221.89
Riggs vs (C)
06/02/83
$1,121.21
Riggs vs (C)
05/26/83
($?)
Riggs vs (A)
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EXHIBIT: A-1
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3
DATE
AMOUNT
COMPLAINANT
DEPARTMENT
CONTACTED
vs (SEE "Key")
01/15/88
03/18/85
08/25/87
$4,209.08
$36,440.14
$4,417.16
Univ of W. Fla v Embassy.
Glennon Hosp vs Embassy re
student, St. Louis, MO
Kennedy Plumb v Embassy
10/22/85
$1,721.80
Xerox vs Embassy
08/14/85
$1,967.45
Copenhaver vs Embassy
07/12/85
$900.00
G'twn Unil. Hosp & Dr. Brick
vs (A)
04/17/85
$903.53
Coleman Cadillac vs Emb'y
11/04/84
$1,985.56
Chevy Chase Cars vs Emb'y
05/--/84
$242.00
Meisel vs (A)
06/18/87
$700.00
Ms. Kouame vs Embassy
06/11/84
$3,107.93
Smith-Mayflower vs (A)
03/21/86
$33,377.42
Children's Hosp vs Embassy
03/29/84
$1,147.70
Wolpoff vs (A)
09/22/83
$576.00
Central Charge vs Employee
09/27/83
$1,588.44
Riggs vs (A)
2/11/88
$275.00
Lau, M.D. vs (C)
03/28/84
$1,090.77
Riggs vs (A)
09/09/83
$102.51
Texaco vs(A)
05/26/83
$1,965.57
Riggs vs (A)
07/13/87
$7,247.89
OMNI Adjustment Inc v (A)
06/27/87
$1,348.90
Sacred Heart Hospital, WI
vs Embassy (RE: Student)
04/16/87
$30.00
R. L. Runkle, M.D. vs (D)
11/26/85
$248.85
GWU Med Cntr vs Employee
07/22/85
$408.20
Woodies vs Employee
02/04/85
$3,784.00
Gen Accid Group Ins vs
ConGen NY
10/14/84
$13,710.65
Grt S.E.Comm Hosp v Embassy
1/7/88
$576.50
Meisel vs Employee
2/26/86
$429.54
Raleighs vs (A)
12/12/86
$2,685.00
L/T Dispute: Ross vs (A)
10/30/87
$1,904.35
C&P v. Embassy
05/21/82
$273.50
Meisel vs (A)
07/15/87
$2,968.64
CitiBank v (A) ex-UN
08/03/83
$977.50
Atlantic Tray/Limo v Emby
09/02/83
5,500.00
Harding vs (A)
02/14/83
$4,784.90
American Express vs (A)
03/16/83
$2,742.44
Riggs Nat'l Bank vs (A)
06/22/82
993.00
Diplomatic Servs vs Emb'y
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4
DATE
AMOUNT
COMPLAINANT
DEPARTMENT
CONTACTED
vs (SEE "Key")
12/22/82
09/27/78
$9,306.46
$2,181.42
Riggs Nat'l Bank vs (A)
Riggs Nat'l Bank vs (A)
09/20/84
$1,306.00
Surburban Hosp vs Embassy
03/30/83
$127.30
Webb Co vs Embassy
01/02/80
$108,853.15*
Security Storage v Emb'y
*Will settle for $32,500
02/08/88
$1,351.66
C&P Telephone vs Embassy
11/13/87
$49,306.00
Brigham/Women's Hosp vs
Embassy
01/21/87
$60.00
DM Bachman, MD vs (C)
01/21/87
$20.00
BJ Gurwin, MD vs (A)
10/23/86
$1,930.90
Better Homes Mgt vs (A)
08/29/86
$1,218.20
JR Singer, DDS vs (A)
01/03/86
$774.75
Dependo ref ridge v Emb'y
03/26/85$578.62
Loews Summit Hotel v (A)
02/22/85
$391.00
Dr. Werth v (B)
11/13/84
$16,637.99
DupCirDialysis v (A)
09/84/84
$1,405.56
Crescent Electric v Embassy
05/15/84
$2,011.50
GWU Hosp v Embassy
01/24/84
$1,345.57
Riggs/Wolpoff v. (C)
02/18/83
$593.23
Amer Serv Center v. (A)
07/15/82
$3,559.03
PsychInst/W&A v Embassy
03/31/82
$941.00
Sabena v Embassy
02/02/82
$3,342.25
Sibley Hosp v Embassy
08/11/81
$9,466.00
Arlington Hosp v Embassy
07/17/87
$1,004.37
L/T Dispute: C.E.Smith Mgt v
(A)
1/1/85
$53,529.00
Georgetown Hosp vs Embassy
08/31/81
$2,793.28
GWU Hospital vs (B)
07/01/87
$290.00
Dr. Coleman vs Embassy
04/02/87
$1,775.91
C&P vs (A)
11/6/87
$2,000.00
Mr. Harper vs Embassy
1983
$2,235.00
Paris Caterers vs (A)
1983
$1,819.00
Riggs vs (A)
10/22/87
$564.00
Dr. Vatin vs (A)
02/12/87
$3,828.83
Petrovitch Auto Repair vs
Embassy
02/06/87
$500.00*
Jane's Pub Co vs Embassy
(*Emb'y paid $1,000, to pay
off bal. by Mar. 1988.)
10/13/86
$1,729.05
C&P vs (A)
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.1..,11.11i1J11? A-1-1
DATE
DEPARTMENT COMPLAINANT
CONTACTED AMOUNT vs (SEE "Key")
09/05/86 $5,432.64
04/10/86 $499,972.00*
02/25/86 $54,904.87*
04/11/83 $755.00
11/22/85 $112.00
0522S
?
Curtis Chev vs Embassy
Arya Corp vs Embassy *Arya
refused Embassy request for
Dec meeting.
Exports Int'l Appli. vs
Embassy *Emb'y pd $30,000
in both Feb and March.
Vallone vs Embassy
Dixon's Butcher vs Employee
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EXHIBIT: A-2
A
,SPBCIAL CASES- UNPAID_DEBT5
Missions to the United Nations
As of February 29, 1988
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SPECIAL CASES - UNPAID DEBTS
Missions to the United Nations
As of February 29. 1988
?Amik
INF KEY: Mission
Employee of Mission
L/T = Landlord Tenant Dispute
?
DATE
USUN COMPLAINANT
CONTACTED AMOUNT vs (See "Key")
1987 $7,020.00 B. Plumbers vs Mission
1987 $1,189.00 Zerox vs Mission
1987 $2,200.00 Lenox Hill Hospital, NY vs.
Mission
Various $10,000.00 Dr. Barbolata vs Mission
(Medical services performed
on various Employees).
1987 $9,000.00 LIT: Philip Raffiani,
Landlord vs Mission
1985 $14,975.59 NYU Medical Center vs
Diplomat
1986 $6,608.00 Dr. Steven Abramow vs
Employee
1988 ? LIT Dispute.
1987 $3,791.01 Funding, Inc. vs Mission
1987 $3,943.61 Irving Trust Co. vs Mission
1987 $2,300.00 Citibank vs Employee
1987 .$17,261.00 Citibank vs Employee
Current $21,000.00 LIT Rent: 30 Dupont, White
Plains, Landlord vs Mission
Current $10,000.00 Than Travel Agency vs Mission
Current $40,000.00 LIT Rent: White Plains
Landlord vs Mission
Current $10,800.00 Avi Navon Gen't Contractor
vs various Mission
residences.
Current $23,000.00 Sage Realty Co, vs Mission
Thru 1986 $22,600.00 LIT Rent: Landlord vs
Mission (Rent thru 11/86)
Current $3,835.00 Hotel Iroquois, NY vs
Mission
Current $7,600.00 Palace Intern'l Hotel, NY vs
Mission
Current $10,000.00 Brigham Hopital, Boston vs
Diplomat
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EXHIBIT: A-2
2
DATE
USUN COMPLAINANT
CONTACTED AMOUNT vs (See "Kev")
Current $25,000.00 L/T Rent: NYC Landlord vs
Mission
Current $300.00 American Locksmiths (work
performed at various Mission
residences) vs Mission
Current $3,693.00 Credit Card Loan vs Mission
1986 $1,115.00 NY Eye & Eye vs Employee
0522S
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
EXHIBIT - B-1(a)
?
TATI$TICS
Alleged Criminal Cases
(By Incident)
Missions in Washington, D.C.
August 1, 1982 - February 29, 1988
?
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08 : CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
?
,STATISTICS
Alleged Criminal Cases
(By Type of Incident)
Missions in Washington, D.C.
August 1, 1982 - February 29, 1988
KEY
(A) = Diplomat
(B) = Diplomat Dependent
(C) = A&T
(D) = A&T Dependent
INCIDENT
DATE
ABCDREMARKS:
ASSAULT
12/14/87
1
Simple assault -
charges dropped.
1/15/88
1
Disorderly conduct,
pending
11/29/82
Barred reentry into
U.S.
7/21/85
1
Barred reentry into
U.S.
8/22/86
1
Disorderly conduct
with minor assault.
11/12/85
1
Embassy granted
waiver of immunity,
but US Attorney's
Office declined to
pursue.
11/21/83
Barred reentry into
U.S.
2/13/85
1
Employment
terminated.
8/14/86
1
Embassy granted
waiver of immunity.
6/25/86
1
Employment
terminated.
6/--/86
1
Barred reentry into
U.S.
10/29/84
1
Embassy claims
persons acting in
self-defense.
10/29/84
1
-ditto above-
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08 : CIA-RDP90M00005R000600120001-7
Declassified in Pa-rt - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00065R600600120001-7
?
?
- 2 -
INCIDENT
DATE
ABCDREMARKS:
ASSAULT -
continued.
10/25/84
1
Minor - physically
and emotionally
handicapped, was put
under professional
care.
1984
1
Barred reentry into
U.S.
4/09/86
1
Person chose not to
press charges.
3/06/85
1
Complainant advised
to file charges.
7/30/86
1
Barred reentry into
U.S.
11/06/87
1
Employment terminated
3/03/88
1
Assault/family
dispute
11/16/87
1
Immunity waived;
employment
terminated; arrested
12/24/84
1
Family dispute.
10/--/85
1
Employment
terminated.
11/--/85
1
Employment
terminated.
BATTERY
3/03/88
BREAKING INTO CARS
1
2/15/88
1
BURGLARY
6/--/84
1
6/--/84
1
3/--/86
1
CHILD ABUSE
1/05/87
1
1/--/84
1
Battery - pending
Pending
Family expelled.
-ditto above; same
family-
No longer in U.S.
Family received
counseling.
Children placed in
foster home;
employment
terminated.
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
?
?
3
INCIDENT DATE ABCDREMARKS:
COPYRIGHT INFRINGEMENT
AND VIOLATION OF US CUSTOMS
2/15/86 1
COUNTERFEITING MONEY
4/17/83
DISORDERLY CONDUCT
1
1
1
4/25/87
9/--/84
11/20/86
1
DRUG RELATED:
(a) TRAFFICKING
1
1985
1985
1
7/6/87
(b) POSSESSION
1
1
5/07/85
5/07/85
1
10/06/82
1
6/--/84
1
8/24/87
1
12/18/87
1
7/06/87
1
EMBEZZLEMENT
1985
4/14/87
1
1
No longer in U.S.
Barred reentry into
U.S.
Pending.
Barred reentry into
U.S.
Employment
terminated.
Barred reentry into
U.S.
Barred reentry into
U.S.
Employment
terminated.
Father's assignment
terminated; family
departed.U.S.
-ditto above; same
family -
Possession of
marijuana; father
promised stricter
supervision of son.
Barred reentry into
U.S.
Using cocaine while
driving. Expelled
from U.S.; barred
reentry.
Employment terminated
Employment terminated
Employment terminated
Pending
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
- 4 -
INCIDENT DATE ABCDREMARKS:
FORGERY
7/--/83 1
7/--/83
4/23/87
11/02/82 1
9/15/83 1
RESISTING ARREST
3/14/87
HARASSMENT
ROBBERY/POCKETBOOK SNATCHING
12/23/82 1
1
1
Diplomat deceased.
-same incident as
above-
Pending
Ambassador assured
no recurrence.
Employment
terminated.
1 Embassy claimed
mistreatment; local
authorities claimed
resisting arrest.
Case pending
subject's return to
U.S.
Barred reentry into
U.S.
SEX:
(a) ATTEMPTED SEXUAL BATTERY
8/03/86 1 Barred reentry into
U.S.
(b) INDECENT EXPOSURE
9/30/86 1 Employment
terminated.
7/30/87 1 Employment
terminated.
1/15/88 1 Pending
3/17/87 1 Embassy willing to
waive immunity.
10/31/84 1 Employment
terminated.
11/01/84 1 Employment
terminated.
11/06/86 1 Barred reentry into
U.S.
3/29/83 1 Sent home.
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/027087-CTA--RDF790W00005R000600120001-7
?
5
INCIDENT DATE
ABCDREMARKS:
SEX
- continued.
1
1
(c)
(d)
INDECENT LIBERTIES
2/09/87
2/22/88
RAPE
12/30/82
1
11/10/84
1
(e)
INTENT TO COMMIT RAPE
1/06/88
1
(f)
SEXUAL ASSAULT
8/27/83
1
2/10/87
1
(g)
SOLICITING
12/15/82
1
7/19/85
1
3/10/83
1
8/15/84
1
Sent home.
Expelled; barred
reentry into US
Barred reentry into
US; family departed
also.
Expelled from U.S.
Intent to commit
rape; sent home;
barred reentry into
US
Departed U.S.
Juvenile, undergoing
psychotherapy.
Subject claims
misunderstanding.
Assurances received
that there would be
no recurrence.
Offender admonished.
Assurances received
that there would be
no recurrence.
SHOPLIFTING
Following cases were committed by first offenders and for the
most part involved petit larceny (a misdemeanor). Letters of
reprimand sent to Embassy, requesting investigation of
incident and assurances of no recurrent behavior:
7/13/87 1
11/17/87 1
Employment
terminated.
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
:i Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
6
INCIDENT
DATE
ABCDREMARKS:
SHOPLIFTING
- continued.
9/29/87
1
Employment
terminated.
8/19/87
1
Sent home.
11/21/87
1
Pending.
11/29/85
1
5/21/87
1
7/13/87
1
Mission disputed
allegations.
8/14/86
1
8/10/84
1
9/10/83
1
5/14/85
1
4/30/85
1
4/30/85
1
4/30/85
1
2/14/83
1
3/24/83
1
2/02/87
1
12/14/85
1
9/08/83
1
9/01/87
Pending
1985
1
10/21/83
1
10/27/84
1
11/11/82
1
5/16/87
1
9/22/87
1
Pending
3/05/83
1
10/10/83
1
4/03/87
1
9/13/82
1
12/21/85
1
12/24/87
1
Returned home.
8/01/87
1
Sent home.
8/01/87
1
- ditto -
8/01/87
1
- ditto -
?
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
EXHIEIT:
- 7 -
EXHIBIT:-B-lja)-
INCIDENT
DATE
ABCDREMARKS:
SHOPLIFTING
- continued
lOor11/86
1
3/11/86
1
10/14/83
1
10/86
1
1/10/85
1
11/17/84
1
4/06/87
1
6/26/86
1
9/09/87
1
Husband & wife-
Charges dropped;
allegations disputed.
2/24/88
1
Pending
12/13/85
1
5/04/84
1
4/27/87
1
6/30/87
1
9/86
1
5/12/83
1
7/30/87
1
THEFT
6/12/87
1
One of group,
allegedly involved
with theft of
vehicle.
2/03/86
1
Departed U.S.
3/21/87
1
Barred reentry into
U.S.
May 1983
1
Barred reentry into
U.S.
Dec 1983
1
Barred reentry into
U.S.
1986
1
Employment
terminated.
Sept 1985
1
Father's assignment
in U.S. terminated.
May 1987
1
Pending
4/05/86
1
Inconclusive
evidence.
VANDALISM
July 1985
1
Employment
terminated.
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
EXHIBIT : EXHIBIT: B-1(a)
8
INCIDENT
DATE
ABCDREMARKS:
WEAPONS: Possession
7/23/84
1
On entering U.S.,
subject informed
Customs he was in
possession of
firearm.
10/03/87
1
Authorities chose
not to pursue.
3/02/84
1
Departed U.S.
12/23/85
1
Employment
terminated.
1/07/87
1
Firearm confiscated.
3/14/84
1
Firearm confiscated.
4/27/84
1
Subject made aware
of local gun laws.
Dec 1986
1
No police report
filed.
3/16/86
1
Claimed ignorance of
local gun laws.
TOTALS:
30
60
35 22
(a)
(b)
(c) (d)
GRAND TOTAL:
Period
8/1/82
- 2/29/88
147
KEY
(A) = Diplomat
(B) = Diplomat Dependent
(C) = A&T
(D) = A&T Dependent
04201
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
EXHIBIT - B-1(b)
=CS.
Alleged Criminal Cases
(Totals by Incident)
Missions in Washington, D.C.
August 1, 1982 - February 29, 1988
?
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
?
?
SMITIETICS
Alleged Criminal Cases
(Totals by Incident)
Missions in Washington, D.C.
August 1, 1982 - February 29, 1988
KEY:
(A) = Diplomat
(B) = Diplomat Dependent
(C) =A&T
(D) = A&T Dependent
(A) Lai ini Totals
Assault
4
11
5
4
24
Battery
1
-
-
1
Breaking into cars
-
1
-
-
1
Burglary
-
3
-
-
3
Child Abuse
1
-
1
-
2
Copyright Infringe-
ment & Violation
of US Customs
1
-
-
-
1
Counterfeiting Money
-
-
-
1
1
Disorderly Conduct
-
2
1
3
Drug Related:
(a) Trafficking
-
2
1
-
3
(b) Possession
2
4
-
1
7
Embezzlement
-
1
1
-
2
Forgery
1
-
2
-
3
Harassment
2
-
-
-
2
Resisting Arrest
-
-
-
1
1
Robbery/Pocketbook
Snatching
-
1
-
I
Sex:
(a) Attempted Sexual
Battery
-
-
1
-
1
(b) Indecent Exposure
2
-
4
2
8
(c) Indecent Liberties
-
1
-
1
2
(d) Rape
(e) Attempt to commit
-
1
1
-
2
Rape
1
1
(0 Sexual Assault
-
1
1
-
2
(g) Soliciting
2
-
1
1
4
Shoplifting
10
23
11
9
53
Theft
-
6
2
1
9
Vandalism
-
-
-
1
1
Weapons
5
2
2
0
9
TOTALS:
30
60
35
22
147
? 04201
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
EXHIBIT - B-1(c)
S71 CS
Missions in Washington, D.C.
Alleged Criminal Cases
(Breakdown by Year)
August 1, 1982 - February 29, 1988
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08 : CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
D4, IL
IPTATISTICS
Missions in Washington, D.C.
Alleged Criminal Cases
BREAKDOWN BY YEAR
August 1,
8/1/82-
12/31/82
1982 -
1983
February 29,
1984 1985
1988
1986
1987
1/1/88-
2/29/88
TOTALS
Assault
1
1
5
6
6
3
2
24
Battery
-
-
-
-
-
1
1
Breaking into cars
-
-
-
-
-
-
1
1
Burglary
-
-
2
-
1
-
-
3
Child Abuse
-
-
1
-
-
1
-
2
Copyright Infringe-
ment & Violation
of US Customs
-
-
-
-
1
-
-
1
Counterfeiting Money
-
1
-
-
-
-
-
1
Disorderly Conduct
-
-
1
-
1
1
-
3
Drug Related:
(a) Trafficking
-
-
-
2
-
1
-
3
(b) Possession
1
-
1
2
-
3
-
7
Embezzlement
-
-
-
1
-
1
-
2
Forgery
-
2
-
-
-
1
-
3
Harassment
1
1
-
-
-
-
-
2
Resisting Arrest
-
-
-
-
-
1
-
1
Robbery/Pocketbook
Snatching
1
-
-
-
-
-
-
1
Sex:
(a) Attempted Sexual
Battery
-
-
-
-
1
-
-
1
(b) Indecent Exposure
-
1
2
-
2
2
1
8
(c) Indecent Liberties
-
-
-
-
-
1
1
2
(b) Rape
1
-
1
-
-
-
-
2
(e) Intent to Commit Rape
-
-
-
-
-
-
1
1
(d) Sexual Assault
-
1
-
-
-
1
-
2
(e) Soliciting
1
1
1
1
-
-
-
4
Shoplifting
2
9
4
10
6
21
-
53
Theft
-
2
-
1
3
3
-
9
Vandalism
-
-
-
1
-
-
-
1
Weapons: Possession
-
-
4
1
2
2
-
9
TOTALS:
8
19
22
25
23
42
8
147
? Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
EXHIBIT - B-2(a)
STATISTICS
Alleged Criminal Cases
(By Incident)
Missions to the United Nations
August 1, 1982 - February 29, 1988
?
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part-Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
,STATISTICS
Alleged Criminal Cases
(By Incident)
Missions to the United Nations
August 1, 1982 - February 29, 1988
KEY
(A) = Diplomat
(B) = Diplomat Dependent
*(C) and (D) A&T and A&T Dependents - do not have full
criminal immunity.
INCIDENT DATE A B *C *D REMARKS:
ASSAULT
7/13/87 1
5/3/87 1
6/27/86 1
12/9/86 1
3/20/87
3/22/87
1/01/87 1
9/05/86 1
4/04/85 1
4/07/83
4/08/84
1/27/86 1
5/20/86 1
1
1
1
1
Case closed, lack of
evidence.
Will be transferred.
Counseling and
transfer recommended.
Quarrel between two
diplomats; no
charges filed.
Departed U.S.
Departed U.S.
Family dispute;
firearm confiscated;
departed U.S.
Family dispute;
firearm confiscated;
no charges filed.
Departed U.S.
Student dispute.
Family fight;
departed U.S.
Quarrel between two
mission members; no
charges filed.
Family dispute;
matter referred to
family court.
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
?
- 2 -
INCIDENT DATE ABCDREMARKS:
DRUG RELATED:
(a) Trafficking
9/21/83
7/25/86
5/02/84
1
1
1
OBTAINING A LOAN UNDER FALSE PRETENSES:
11/22/82 1
RECKLESS ENDANGERMENT
9/10/86
Prosecution declined
by District Attorney.
Expelled.
Father counselled by
US Mission on son's
behavior (sale of
marijuana).
Expelled.
1 Threw stones and
bottles at trains.
BELCI
(a) Attempted Assault
4/14/83 1 Father's assignment
terminated.
(b) Soliciting
11/5/85 1
11/5/85 1
SHOPLIFTING - Following cases were committed by first
offenders and for the most part involved petit larceny (a
misdemeanor):
5/14/87
1
4/08/87
1
7/07/83
1
10/12/85
1
5/07/86
1
3/03/86
1
6/25/85
1
12/82
1
1/30/83
1
2/19/85
1
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08 : CIA-RDP90M00005R000600120001-7
_ EXHIBIT: B-2(a)
- 3 -
INCIDENT
DATE ABCDREMARKS:
THEFT
5/12/86 1
15 year-old son
referred to Youth
authorities.
8/9-1983 1
Expelled.
12/17/83 1
Unknown driver left
gas station without
paying.
3/10/85 1
Father's assignment
terminated.
6/19/86 1
Jumped subway
turnstile.
1/20/84 1
Dispute over cab
fare.
7/17/85
Broke into auto.
WEAPONS:
Possession
7/16/83 1
Weapon confiscated;
no charges placed.
4/09/86 1
Weapon confiscated.
6/04/83 1
Weapon confiscated.
10/19/84 1
Possession of brass
knuckles.
WEAPONS:
Illegal Purchase and Export
1/29/88 1
Theft & Poss. of
Weapons
2/17/87 1
Expelled.
TOTALS:
22 22
GRAND TOTAL:
44
04181
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
EXHIBIT - B-2(b)
$TATI ST I CS
Alleged Criminal Cases
(Totals by Incident)
Missions to the United Nations
August 1, 1982 - February 29, 1988
?
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
,UATISTIC$
Alleged Criminal Cases
(Totals by Incident)
Missions to the United Nations
August 1, 1982 ?
KEY
February
1.10.
29, 1988
- do not have full
*LCI
(A) = Diplomat
(B) = Diplomat Dependent
*(C) and (D) A&T and A&T Dependents
criminal immunity.
Assault
9
4
Drug Related:
(a) Trafficking
3
Obtaining a Loan Under
False Pretenses:
1
Reckless Endangerment
Sex:
(a) Attempted Assault
1
(b) Soliciting
2
Shoplifting
4
6
Theft
3
4
Weapons: Possession
3
2
Weapons: Illegal Purchase
and Export
1
TOTALS:
GRAND TOTAL: 44
22 22
0483S
41)
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
Declassified in Part - Sanitized Copy Approved for Release 2013/02/08: CIA-RDP90M00005R000600120001-7
EXHIBIT - B-2(c)
gTATISTICS
Missions to the United Mations
Alleged Criminal Cases
(Breakdown by Year)
August 1, 1982 - February 29, 1988
?
?
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411 EXHIBIT: B-2(c)
STATISTICS
ALLEGED CRIMINAL CASES
(Missions to the United Nations)
August 1, 1982 - February 29, 1988
8/1/82-
BREAKDOWN BY YEAR 12/31/82 1911 1984 1985 1986 1987 1988 TOTALS
Assault - 1 1 1 5 5 - 13
Drug Related:
(a) Trafficking - 1 1 - 1 _ _ 3
Obtaining a Loan Under
False Pretenses 1 - - - - - - 1
Reckless Endangerment - - - - 1 - - 1
Sex:
(a) Attempted Assault - 1 - - - - - 1
(b) Soliciting - - 2 - - - 2
Shoplifting 1 2 3 2 2 - 10
Theft - 2 1 2 2 - - 7
Weapons: Possession - 2 1 - 1 - 1 5
Weapons: Illegal Purchase
and Export - _ - _ _ 1 - 1
TOTALS: 2 9 4 8 12 8 1 44
0483S
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EXHIBIT - B-3
STATISTICS
DIPLOMATIC MOTOR VEHICLE OPERATION VIOLATIONS
Missions
Washington, D.C.
March 1986 - February 1988
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EXHIBIT: B-3
$TATISTIC5
DIPLOMATIC MOTOR VEHICLE OPERATION VIOLATIONS
Missions
Washington, D.C.
March 1986 - February 1988
Mar. 1986
July 1986
Nov.
1986
Feb.
1987
Feb.
1987
Mar.
1987
Mar.
1987
Mar.
1987
July
1987
Violation
DWI
Speeding
Improper registration
DWI
Erratic driving
DWI
Accident
DWI
Accident
Determined PNG.
DWI
Speeding
Erratic driving
Reckless driving
Erratic driving
Alcohol breath
Erratic driving
Citizen com-
plaint re
speeding.
Key: DWI - Driving While Intoxicated
Department of State
Action
Driver's license
revoked.
Driver's license
revoked.
Driver's license
revoked.
Driver's license
revoked.
Recalled; left 2/24/87.
Driver's license
revoked.
Driver's license
revoked.
Revocation of license
held in abeyance due to
political consider-
ations; meeting held
with Embassy official.
Driver's license
revoked.
Diplomatic Note to
Embassy.
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Date
Aug. 1987
Aug. 1987
- 2 -
Violation
DWI
Stolen DP auto
Stolen MD plat
Accident
Eluding police
Aug. 1987 Accident
Eluding police
Aug. 1987 DWI
Accident
Aug. 1987 Drug use while
operating a
vehicle
Sept. 1987
Sept. 1987
Sept. 1987
Oct. 1987
Oct. 1987
DWI
Accident
Ran red light
Uninsured
Improper registration
DWI
Hit & run
DWI
Unregistered
vehicle
Using plates from
other vehicle
DWI
Key: DWI - Driving While Intoxicated
Department of State
Action
Driver's license
revoked. Fine assessed.
Embassy refused to waive
immunity. All charges
dropped.
Meeting held with
Ambassador determined:
must pay fines; may not
drive; and waive
immunity.
Driver's license
revoked. Diplomatic
Note sent to Embasy.
Declared PNG; left USA
Driver's license revoked
Driver's license revoked
- all damages paid by
Embassy
Driver's license
revoked. Meeting with
Ambassador. Sent home
by Embassy.
Driver's license
revoked.
Waived immunity.
Waived immunity.
Driver's license
revoked. Paid $100
fine; suspended
sentence. Attended
driver rehabilitation
course.
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3
Date
Violation
Department of State
Action
Nov.
1987
Accident
Diplomtic Note
Uninsured vehicle
Dec.
1987
DWI
Driver's license
revoked.
Jan.
1988
Speeding
Paid fine.
Jan.
1988
DWI
Driver's license
revoked.
Jan.
1988
DWI
Pending determination.
Key: DWI - Driving While Intoxicated
04191
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United States Department of State
EXHIBIT C
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Guidance for
Law Enforcement Officers
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Personal Rights and Immunities of
Foreign Diplomatic and Consular Personnel
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EXHIBIT D
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UNITED STATES DEPARTMENT OF STATE
DIPLOMATIC SECURITY SERVICE
PROTECTIVE LIAISON DIVISION
LAW ENFORCEMENT AND THE DIPLOMATIC COMMUNITY
Schedule of 1988 Seminars
March 1, 1988 Philadelphia, Pennsylvania
April 19, 1988 Chicago, Illinois
May 31, 1988 Miami, Florida
July 12, 1988 Boston, Massachusetts
August 30, 1988 Houston/Dallas, Texas
EXHIBIT - M
FAMILY MEMBERS ENTITLED TO IMMUNITY - WASHINGTON. D.C.
Category Type of Immunity Number
Embassy
Diplomatic Family Members Full Criminal and Civil 6,878
Administrative & Technical
Staff Family Members Full Criminal/No Civil 5,609
Soviet Employees
Family Members Full Criminal and Civil 219
China Employees
Family Members Full Criminal and Civil 5
O.A.S.
Diplomatic Family Members Full Criminal and Civil 494
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EXHIBIT E
UNITED STATES DEPARTMENT OF STATE
DIPLOMATIC SECURITY SERVICE
PROTECTIVE LIAISON DIVISION
Seminar on Law Enforcement and the Diplomatic Community
Agenda: March 1, 1988
0800 hrs Arrival of guests and participants
Registration
0900 Welcoming Remarks
Horace Mitchell
Special Agent in Charge
Philadelphia Field Office
Diplomatic Security Service
Introduction to the Bureau of Diplomatic Security
Richard Heckman
Deputy Chief for Operations
Diplomatic Security Service
0930 Licensing of Diplomatic Vehicles and Drivers
E. Richard Atkinson
Senior Operations Officer
Office of Foreign Missions
1200 Lunch
1300 Diplomatic Immunity
Lawrence Dunham
Chief, Accreditation Branch
Office of Protocol
1530 Afternoon Break
1545 Travel of Armed Foreign Security Officers in U.S.
Chuck Hunter
Deputy Chief for Reimbursement
Diplomatic Security Service
1600
Critique
1615 Closing Remarks
Issuance of Attendance Certificates
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EXHIBIT F' (PART 1): Circular Diplomatic Note
Dated May 1, 1985.
(Accreditation of foreign diplomatic personnel.)
The Secretary of State presents his compliments to Their
Excellencies and Messieurs and Mesdames the Chiefs of Mission and
has the honor to refer to the accreditation of foreign diplomatic
personnel assigned to the United States, and to the registration
of nondiplomatic staff members employed by diplomatic missions.
The Department of State has observed that it is necessary and
useful periodically to reiterate and clarify the standards for
accreditation and herein restates and expands the criteria set
forth in its notes dated December 12, 1974, and June 17, 1977.
The Secretary of State wishes to remind the Chiefs of Mission
that the accreditation of diplomats and the registration of staff
members employed by diplomatic missions is solely within the
discretion of the Departmeni of State, subject to the criteria
set forth below. Requests for exceptions to the general
guidelines will be considered infrequently and only in
extenuating circumstances. Such requests must be forwarded in
the form of a diplomatic note to the Department and must set
forth in detail the exact nature of the exception requested,
justification for such exception, the duration thereof, and
possible alternative courses of action.
So that the accreditation policy of theUnited States
Government may be uniformly a matter of record for all missions,
the criteria governing accreditation are set forth as follows:
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'DIPLOMATIC AGENTS'
To be recognized as a 'diplomatic agent', and in order to
retain such status, a person must: (1) possess a valid diplomatic
passport if diplomatic passports are issued by his government or,
if diplomatic passports are not issued, present a diplomatic note
from the mission formally representing the intention of the sending
government to assign to him diplomatic duties; (2) possess a
recognized diplomatic title; (3) be a holder of an A-1 nonimmigrant
visa; (4) be over 21 years of age; (5) with the exception of
certain designated senior financial, economic, and commercial
positions in New York City or certain other positions expressly
agreed to by the Department, reside in the Washington, D.C. area
(the District of Columbia, Montgomery, Prince Georyes, Charles,
Frederick, and Calvert Counties in Maryland; Arlington, Fairfax,
Loudoun, Prince William and Stafford Counties, and the cities of
Alexandria and Falls Church in Virginia); and (6) devote official
activities to diplomatic functions on an essentially full-time
basis.
MEMBERS OF THE ADMINISTRATIVE AND TECHNICAL AND SERVICE
STAFFS OF THE MISSION; SERVANTS
To be recognized as such and to retain such status, a person
?
must: (1) possess an A-2 or A-3 visa; (2) perform duties with the
diplomatic mission full-time; and (3) reside in the Washington,
D.C. area.
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,_-For"d,iplomatic,agents', the only exception to the requileeineCA2r)cs"1
to reside in the Washington, D.C. area, is residence in the
New York City area, which is permissible only upon the express
agreement of the Department that such persons may be assigned to
perform specific functions in New York City. However, no such
exception exists for 'members of the administrative and technical
staff'. Accordingly, persons employed by the sending State in
support of 'diplomatic agents' residing outside the Washington,
D.C., area have no claim to the privileges and immunities provided
in the Vienna Convention on Diplomatic Relations. They have only
such privileges and immunities as expressly agreed upon by the
United States and the sending State of the 'diplomatic agent'.
The Department reiterates the emphasis placed on the
performance of traditional and accepted diplomatic functions by
recognized foreign diplomatic personnel assigned to the United
States. Accordingly, the Department-will not-consider-for'
accreditation any person who, during assignment in the United
411 States, is, or will be, a student or trainee at any college,
university, vocational school, military institution, or private Or
governmental foundation, or who is engaged in any pursuit
inconsistent with regular and accepted diplomatic functions.
In the past some governments have selected officials for
assignment to the United States who, following arrival and
subsequent recognition as diplomats by the Department of State,
have entered upon intergovernmental military training courses or
have been assigned for training at private research institutions.
This practice also is unacceptable. Each mission is required to
notify the Department promptly whenever any of its personnel
terminate diplomatic duties to engage in nondiplomatic pursuits
and should return immediately all diplomatic credentials issued to
such persons.
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9C-casiOnally,the Department learns 61?persont who, althOUgliF
accredited as diplomatic agents, are performing duties
principally, if not solely, under contract'at or by appointment
with international organizations headquartered in Washington.
Although the Vienna Convention on Diplomatic Relations (Article 5,
paragraph 3) states that members of the diplomatic staffs of
missions also may act as representatives to international
organizations, the Convention provides no basis for them to serve
on the staffs of international organizations. The Department of
State views such service as incompatible with the functions of a
diplomat, whose principal concern must be to assist in the conduct
of bilateral relations between the sending State and the United
States. Accordingly, the Department will require the return of
all diplomatic credentials issued to any such individual and will
delete his name from the Diplomatic List. A person who is duly
accredited to the staff of an international organization will have
only such privileges and immunities as are provided by U.S. law or
by international agreement to the staff of the international
organization concerned.
Finally, the Department reminds missions that privileges and
immunities are not extended in the United States to persons
assigned to temporary duty at a mission for a brief period of
time. Missions are advised that it is recommended that such
temporary visitors be notified to the Department of State
nonetheless because, as 'official guests', they are entitled to
certain protections under U.S. domestic law.
Department of State,
Washington,
May 1, 1985
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EXHIBIT F (PART 2): Circular Diplomatic Note
Dated November 5, 1986.
(Recognition of consular officers and opening and
maintaining consular posts.)
The Secretary of State presents his compliments to
Their Excellencies and Messieurs and Mesdames the Chiefs
of Mission and refers to the circular diplomatic notes
which the Department of State issued on July 13, 1971,
and February 27, 1985, regarding recognition of consular
officers and opening and maintaining consular posts.
In the interest of simplifying and expediting the
procedure for consular recognition, beginning with requests
dated December 1, 1986, the United States Government no
longer will require the exchange of diplomatic notes.
Thereafter, submissions by the embassies of Forms DS-394
will be considered formal notification of the appointment
of career consular officers. The procedures described
below should be followed in requesting recognition of
consular officers.
CAREER CONSULAR OFFICERS
Two copies of Form DS-394, Notification of Foreign
Government-Related Employment Status, duly completed,
signed and stamped with the Embassy's seal, should be
submitted to the Office of Protocol for each request for
recognition. In response, the Department will issue a
letter advising whether a candidate has been recognized.
The date of the acceptance letter will be the effective
410 date of official recognition.
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Incomplete Forms DS-394 will be returned to the
Missions for correction.
The Department also wishes to take this opportunity to
set forth the general policy of the United States Government
regarding consular recognition so that it may be uniformly
a matter of record.
In order to be eligible for recognition as a career
consular officer, an individual must:
(1) possess a consular title recognized by the
United States Government, i.e., Consul General,
Deputy Consul General, Consul, Deputy Consul,
Vice Consul, or Consular Agent;
(2) be the holder of an A-1 non-immigrant visa;
(3) devote his or her official activities to
consular duties on an essentially full-time
basis;
(4) not engage in any professional or commercial
activity in the receiving State for personal
profit;
(5) reside in the area where recognition is
requested;
(6) be over 21 years of age;
(7) be a national of the sending State; and
(8) perform consular duties at a location approved
by the Department of State.
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HONORARY CONSULAR OFFICERS
In connection with requests for recognition for
honorary consular officers, a letter describing the duties
which the proposed honorary consular officer would perform
and whether these duties would be performed on a full-time
or part-time basis should be submitted to the Department
in place of a diplomatic note. If it is the desire of the
sending government to appoint an honorary consular officer
to a career consular post, the letter should set forth the
guidelines or standards followed by the Government in
making this determination.
Two copies of Form DS-394, Notification of Foreign
Government-Related Employment Status duly completed
_ _
_
signed and stamped with the Embassy's seal, should be
submitted to the Office of Protocol with the accompanying
letter. In response, the Department will issue a letter
advising whether a candidate has been recognized. The
date of the acceptance letter will be the effective date
of official recognition.
In order to be eligible for recognition as an
honorary consular officer, an individual must:
(1) possess a consular title recognized by the
United States Government;
(2) be a citizen or legal permanent resident of
the United States;
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(3) not hold an office of profit or trust with the
United States Government or a position with a
state, county or other municipality of the
United States which is considered by such
municipality to be incompatible with the
duties of a foreign consular officer;
(4) if he or she holds a commission as a Reserve
Officer in any branch of the United States
Armed Forces, obtain permission from the
Secretary of the Department concerned;
(5) reside in the area where recognition is
requested; and
(6) be over 21 years of age.
The Department also should be notified by letter of:
(1) the proposed establishment of a consular post, its
justification, classification, and consular
jurisdiction;
(2) proposed subsequent changes in the seat of a
consular post, its classification or its consular
jurisdiction; and
(3) promotions of consular officers in the United
States.
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Consular officers cannot be recognized until the
sending State has formally established a consular office
in accordance with the procedure set forth in the
referenced note of February 27, 1985. Consular activities
may not be performed before recognition has been granted
by the Office of Protocol, Department of State.
The Department should be notified without delay on
Form DS-394A, prepared in duplicate, of all terminations.
of assignments of consular personnel. Consular
identification cards issued by the Department of State
should be returned with Forms DS-394A to the Office of
Protocol. Sales tax exemption cards, automobile license
plates and vehicle registrations should be returned to the
Office of Foreign Missions.
Department of State,
Washington, November 5, 1986.
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EXHIBIT G: Circular Diplomatic Note
Dated January 22, 1982
(Amendment effective 5/28/81 to Part 41
of the Code of Federal Regulations regarding
documentation of non-immigrants under the
Immigration and Nationalty Act.)
The Secretary of State presents his compliments to
Their Excellencies and Messieurs and Mesdames the Chiefs
of Mission and has the honor to bring to their attention
the amendment effective May 28, 1981 to Part 41 of the Code
of Federal Regulations regarding the documentation of non-
immigrants under the Immigration and Nationality Act.
This amendment relates to the definition of "Immediate
Family", as used in sections 101(a)(15)(A), 101(a)(15)(G),
and 212(d)(8) of the Act and to classification under the
111 symbols NATO-1, NATO-2, NATO-3, NATO-4 and NATO-5. The
revised definition of "Immediate Family" includes the spouse
and unmarried sons and daughters, whether by blood or
adoption of the principal alien who are not members of some
other household, and who will reside regularly in the house-
hold of the principal alien. "Immediate Family" also
includes, upon individual authorization by the Department of
State, other close relatives who are members of the immediate
family by blood, marriage, or adoption, who are not members
of some other household, and who will reside regularly in
the household of the principal alien. The persons in this
latter category must also be recognized as dependents by the
sending Government as demonstrated by their eligibility for
all rights and benefits, such as the issuance of a diplomatic
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or official passport and travel and other allowances,
which would be granted to the spouse and children of
the principal alien.
Department of State,
Washington, January 22, 1982
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EXHIBIT H: Circular Diplomatic Note
Dated May 22, 1986
(Definition of term "family member:")
The Secretary of State presents his compliments to Their
Excellencies and Messieurs and Mesdames the Chiefs of Mission
and has the honor to advise them of the definition which will
be applied to the term "family."
It long has been an accepted principle of international law
that the privileges and immunities to which members of the
mission are entitled extend, to a certain degree, to the
members of their families forming part of their households.
This is considered essential in order to protect the privileges
and immunities which are provided directly for members of the
missions and to ensure the efficient performance of diplomatic
missions as representing States. The Vienna Convention on
Diplomatic Relations (Article 37) specifies the privileges and
immunities which shall be accorded members of families but does
not provide a definition of the term "family" for the purposes
of the Convention. The drafters of the Convention recognized
that the concept of "family" differs among the societies of the
world and left the matter to be resolved according to the
standards of the respective receiving States and on the basis
of reciprocity. For the assistance of the missions, there are
provided the following definitions and clarifications
applicable in the United States.
For the purposes of the application in the United States of
the Vienna Convention on Diplomatic Relations, 'family...
forming part of ...household" means the spouse of the member of
the mission and his or her unmarried children under 21 years of
age, who are not members of some other household. and who
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reside exclusively in the principal's household. Additionally,
the term "family" includes children under 23 years of age who
are attending an institution of higher learning on a full-time
basis. Other persons who are not members of some other
household, who reside exclusively in the principal's household,
and who are recognized by the sending State as members of the
family forming part of the household, under exceptional
circumstances and with the express approval of the Department
of State, also may be considered "family" for the purposes of
the Vienna Convention. In such exceptional cases, the sending
State must formally request consideration by the Department of
State and include full justification for the requested
exception.
Taking into account that members of the family may not be
accompanying the principal during the assignment to Washington
but may nonetheless join the household for visits or during
holiday periods, such persons as otherwise fall within the
definition specified above also are considered to be family
members for the purposes of the Vienna Convention. It is
requested, however, that the Department receive timely
notification of the arrival of such persons so that their
privileges and immunities may be assured. The routine
Department requirement that notification be received within 30
days of arrival of such persons ordinarily will not be adequate
in the case of such short-term visitors.
The attention of the Chiefs of Mission also is drawn to the
applicable provisions of international law in respect of
termination of status and, in that connection, to the circular
note of March 1, 1984. Whenever any person who has been
accorded "family" status in the United States ceases to reside
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with the principal, reaches an age beyond which family status
is precluded, or otherwise ceases to be part of the household
of the principal, such person immediately ceases to be a
"member of the family" within the meaning of international law
and the Vienna Convention on Diplomatic Relations.
Accordingly, all privileges and immunities to which such person
previously had been entitled in the United States would
terminate thirty days thereafter unless in a particular case a
shorter time had been specified by the Department of State.
It is emphasized that the standard set forth in this note
is solely to define members of the family for the purposes of
the Vienna Convention on Diplomatic Relations and is without
prejudice to other definitions of family for other purposes
which have an independent basis in international agreements or
U.S. domestic law.
Department of State,
Washington, May 22, 1986.
iD\
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4.
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EXHIBIT I: Circular Diplomatic Note
Dated February 2, 1987
The Secretary of State presents his compliments to Their
Excellencies and Messieurs and Mesdames the Chiefs of
Mission and refers to the note dated May 22, 1986, a copy of
which is enclosed, concerning the definition of family
members.
The Department refers, in particular, to the U.S.
Government policy that for the purposes of the application
in the United States of the Vienna Convention on Diplomatic
Relations, the phrase "family of a diplomatic agent forming
part of his household" means the spouse of the member of the
mission and his or her unmarried children under 21 years of
age, who are not members of some other household, and who
reside exclusively in the principal's household.
Additionally, the term "family" includes unmarried children
under 23 years of age who are attending an institution of
higher learning on a full-time basis.
Once a child reaches an age above which family status is
precluded, the child ceases to be a "member of the family"
within the meaning of the Vienna Convention on Diplomatic
Relations. Accordingly, all privileges and immunities to
which such person previously had been entitled in the United
States would expire thirty days thereafter.
The records of children over the age of 21, who
previously have been accepted for privileges and immunities,
will be adjusted by the Office of Protocol thirty days after
their twenty-first birthday. The missions may formally
request continuation of "family" status for children up
to the age of 23 who are attending an institution of
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higher learning on a full-time basis by submitting a
diplomatic note to the Office of Protocol. Such requests
should be received no later than thirty days prior to the
child's twenty-first birthday.
A computer printout listing children who do not appear
to satisfy the criteria for acceptance as family members
forming part of the household is enclosed for review.
Diplomatic notes detailing attendance at college for
children between the ages of 21 and 23 or exceptional
circumstances as described in the circular note of May 22,
1986, should be sent to the Office of Protocol. Notes must
be forwarded no later than thirty days following the receipt
of this note. Additional listings will be transmitted to
the missions periodically.
Enclosures:
1. Circular Note Dated May 22, 1986.
2. Computer Printout Dated December 17, 1986.
Department of State,
Washington, February 2, 1987
7
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Dated September 21, 1987
111 The Chief of Protocol presents her compliments to Their
?
Excellencies and Messieurs and Mesdames the Chiefs of Mission
and takes this occasion to call to their attention the serious
concern of the United States Government in regard to
allegations of criminal activity on the part of certain members
of the missions or members of their families. As evidenced by
recent legislation introduced in both thd United States Senate
and the House of Representatives, the Congress also shares this
concern.
The Department of State wishes to reiterate to the missions
that criminal violations will not be tolerated by the United
States Government or the community at large. In this regard,
the Department of State refers to its circular note of March
21, 1984. While the Department will continue to take necessary
action as required by international law to preserve the
immunity of persons involved in allegedly criminal behavior,
the Department wishes to summarize here the corrective measures
consistent with international law that are taken in cases
involving serious criminal conduct, in particular crimes of
violence, recurrent offenses of a less serious nature, or other
egregious abuses of immunity.
As a matter of policy, the Department requests a waiver of
immunity by the sending state so that all allegations may be
adjudicated fully. In the absence of a waiver of immunity the
United States Government normally requires that the alleged
offender depart the country. In certain cases, however, the
Department retains discretion to require the departure of the
alleged offender even though a waiver of immunity may have been
granted.
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The missions are advised further that when such cases
involve dependents, the Department may require the removal of
the principal from whom privileges and immunities are derived
and the members of his or her family when the sending
government declines to waive immunity or the Department
determines that such action otherwise is necessary or
appropriate.
In all cases involving injury to persons or damage to
property, the Department pursues vigorously the interests of
the aggrieved parties in obtaining prompt restitution by
individual offenders or by their governments.
Moreover, in order to ensure a complete record in each
case, or to lay the basis for possible prosecution in
appropriate cases, the Department has notified law enforcement
officials throughout the United States to prepare cases
carefully and completely and properly document each incident at
the time of an alleged crime so that charges against offenders
may be pursued as far as possible in the U.S. judicial system.
The Department wishes to remind the missions that in any
case involving criminal activity no ban exists on the arrest
and prosecution of a person formerly entitled to privileges and
immunities who returns to the United States, unless it can be
proved that the crime related to the exercise of official
functions. The Department recognizes that the threat of
prosecution may serve, as a practical matter, to prevent
individuals who commit crimes while in privileged status from
returning to the United States. To ensure that such
individuals do not return without appropriate review by United
States authorities, henceforth the Department will require that
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the sending government forward the passport of the alleged
offender (and of family members in appropriate cases) to the
Department before he or she departs the United States so that
the visa may be revoked and the form 1-94 returned to the
411 Immigration and Naturalization Service. Should the alleged
offender leave the United States before the visa is cancelled,
the Department may not accept a replacement on the mission
staff of the offender (or of his or her principal in the case
of a crime committed by a dependent), until the visa is revoked.
Department of State,
Washington, September 21, 1987.
?
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?
EXHIBIT - K
niled slaw, De,..1?..,.1 a state
r -
Ly
1).(...2().3Yr
'1EMORANDUM January 15, 1986
TO: Accreditation Review Panel
? FROM: L/SFP - M. Bruce Hirshorn-1'
SUBJECT: Results of the Survey of Practice Regarding
"Family Forming Part of Household"
In October we queried all diplomatic posts on a) whether there
were dependent children of members of the mission, age 21 through 25,
who are attending an institution of higher learning and residing
separately from the sponsoring parent, h) if so, are they recognized
by the host government as "family forming part of (the) household" of
a member of the mission under Article 37 of the Vienna Convention on
Diplomatic Relations, and c) the host state's policy on definition of
diplomatic family for the purpose of granting immunity.
We' received 86 usable replies out of approximately 140 countries
in which we have missions. 29 embassies reported individuals in the
category of question a); and 57 had none. Because of the wording of
the question, some embassies did not give the number of students,
while others did. In those that did, the students totaled 62. Of the
embassies with students living away from home, 25 said the host
-government accepted them as family members, and 2 said it did not.
Two embassies said the host government's policy was ambiguous. The
responses did not distinguish between students attending school in the
US, clearly a substantial number, and those attending school in the
country of assignment or in a third country, a relatively rare
situation.*
- With respect to the third question, of the 86 embassies, ?the
largest number (64) said the host country will recognize anyone as a
dependent whom the sending state requests, requiring only notifica-
tion from the embassy, and, in some cases, issuance of a diplomatic
passport by the sending state, or evidence of the sending state's
practice with respect to its dependents. A minority (16) applied
specific rules based on their own practices, e.g., Australia recog-
nizds full time students up to the age of 23; Belgium recognizes no
sons over 21, but daughters at any age; France accepts unmarried daugh-
ters at any age; while Singapore recognizes only children under 22.
Note* The Department continues to issue diplomatic passports and
? pay for travel for US Foreign Service dependents who are
college students in the US until their 23rd birthday.
Standardized Regulations (Government Civilians Foreign Areas)
sec. 284.
cc:M/FLO
M/DGP
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?
Post
Students'
,:.rgentina
:4ustralia
?ustria
Ba7sin
Barbados
Belgium
Bence
Ben
Botswana
Brapil
Brunei
Bulgaria
Burkina Faso
Bursa
Burundi
Cameroon
Canada
Central African Rep
Chad
Chile ?
Columbia
Costa Rica
Cuba -
Cyprus
Denmark
Djibouti
Dominican Republic
Ecuador
Egypt
El Salvador ,
Ethiopia- -
:ed Rep of Germany
'inland
'rance .
iabon -
ihana
ireece
irenada
iuinea-Bissau
aiti
cel and
ndia
ndonesia
reland
srael
taly
vory Coast
amaica
apan
snya
:rea
;wait
Buenos Aires
Canberra
Vienna
Manama
Bridgetown
Brussels
Belize
Cotonou
Sabarone
Brasilia
Bandar Sri
Sofia
Ouagadougou
Rangoon
Bujumbura
Yaounde
Ottowa
Bangui
Ndjamena
Santiago
Bogota
San Jose
Havana
Nicosia
Copenhagen
Djibouti
Santo Domingo
Quito
Cairo
San Salvador
Addis Ababa
Bonn
Helsinki
Paris
Libreville
Accra
Athens
Grenada
Bissau
Port au Prince
Reykavik
New Delhi
Jakarta
Dublin
Tel Aviv
Rome
Abidjan
Kingston
Tokyo
Nairobi
Seoul
Kudiait
12
1
Bagawan N
6
2
10
4
7
4
-EXHIBIT K
NC:t i6;wirerl
Up tO E3 If a full time student
Anyone notified
Anyone wit a di; Passport
WAyone, regardless of ige. who is wholly dependent
No EN;s 21 or over. Daughters at any age.
Parents must provide sole support
Under 16, with Exceptions
No one over 21
Reciprocity
No policy. Usually follows Malaysia
Full time students under 25
Anyone with a dip passport
Anyone with a dip passport
Anyone notified
Only until age 21
No one over 21 except unmarried students living at hose
All seeders living with-the diplomat. None living apart.
Anyone notified with dip passport
Anyone notified
Under 21
Anyone notified
No age limit
Anyone notified, provided fully supported by parent
All children through the age of 25
No general policy
Anyone notified
All dependent children
Anyone financially dependent
Anyone notified
Anyone declared is accepted as long as some kinship
If financially dependent
Up to 21, with exceptions
Unmarried dependent daughters. Sons under 21
All dependent children
Anyone with a diplomatic passport
All dependent children, regardless of age, if dip passport
Recognizes all children
No answer
Anyone notified
Anyone notified who has a dip passport
Anyone notified
No age limit
Anyone
All dependent children
All students under 26
Only until 21
Unmarried children
Anyone with dip or official Passport
Anyone notified
.Anvone notified
Srants status. tut Post only reduests for ,:r.d;r Z:
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? ?
?
EXHIBIT: K
, ..
_;os
...ter.;
..,,,ereocu7c
*-iudk,4122,,
C.
vinetiane
Monrola
Luxembourg
Antananarivo
Student7
N
N
N
N
Fri.lieges7
notified. No U.S. dEr:EW;C7.i easidned
An.one notified
No one 21 or over
Anyone notified
lala-,sla
Kuala Lumpur
w
,
Financially dependent children
lali
Bamako
N
Not answered
lalta
Valletta
N
;Inyone financiall dependent on the oareat
lauritenia
Nouakchott
N
No policy
lexico
Mexico
Y
Y
Anvone notified
lorocco
Rabat
N
No one over 21
iepal ?
Kathmandu
N
Anyone notified
letherlands
Hague
N
Anyone fully dependent, not employed, and single
Iew Zealand
Wellington
N
Anyone whose may is paid by U.S. I. has dip passport
liger
Niamey
Y
Y
Anyone with a dip or official passport
ligeria
Lagos
N
All children
torwo
Oslo
N
Anyone with a dip passport
. 'akistan
Islamabad
N
All dependent children
aflame
Panama
Y
Y
Anyone notified
lpua New Guinea
Port Moresby
1
Y
Anyone notified, who has a dip passport
hilippines
Manila
N
Anyone notified
oland
Warsaw
N
Unmarried financially dependent if dip passport
ortugal
Lisbon
Y
Y
All females. Males over le only if a student.
?mania _
Bucharest
N
Anyone notified
wanda
Kigali
N
No one 21 or over
audi Arabia.
Riyadh
N
V
Anyone notified
enegal
Dakar
3
Y
All family members with a dip passport
ingapore
Singapore
N
Children under 22
mane
Mogadishu
N
Anyone notified
7i Lanka
Colombo
3
Y
If dip passport endorsed that holder is a dependent
idan
Khartoum
N
Up to 21 (7)
,.
iriname - -
Parasaraibo
N
Y
No answer
deden
Stockholm
N
Students up to age 25
? eitzerland
Bern
N
Y
Up to age 25
?inzania
Dar Es Salaam
N
No answer
lailand .
Bangkok
19
Y
Children up to age 25
;e Gambia
Banjul
N
Anyone notified
.go
'.Lose
Y
V
Anyone notified
.rkey
Ankara
N
Sons 18 and under, daughters at any age
mezuela. .
Caracas
Y
Y
If included in travel orders
goslavia
Belgrade
3
Y
If considered a dependent
ire
Kinshasa
N
No restrictions
?
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? UNCLASSIFIED IUTiOING
? Department of State TELEGRAM
?
PA mE 01 STATE 312552
OWGIN MOFM-04
INFO LOG-00
ARA-00
AS-02
ADS-00
L-03
/043 R
EUR-00
AMAD-01
DRAFTED BY: M/OFM: J SHUL I NGS: VM
APPROVED BY: M/ OF M: J ENOL AN
L/M: WMMCC1UADE
ARA/EX: ESCASSA
EUR/E X: KNPEL T/ ER
AF-00 MMO-01 10-16
EAP-00 AIT-02 5I0-03
AF/EX.JBMORAN
EAP/EX:POLMON
NEA/EX:JMELROSE
034556 1008272 /38
P 100818Z OCT 85 ZEX
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
UNCLAS STATE 312552
E. 0. 12356: N/A
TAGS: AMGT, ODIP, XX
SUBJECT: SURVEY OF PRACTICE REGAROING "FAMILY FORMING
PART OF HOUSEHOLD"
1. AS PART OF GENERAL REVIEW OF ACCREDITATION POLICY
AND PRACTICE, THE DEPARTMENT IS NOW CONSIDERING THE
DEFINITION PROPERLY TO BE ASSIGNED TO "FAMILY FORMING
PART OF HOUSEHOLD" AS THAT EXPRESSION IS USED IN THE
VIENNA CONVENTION ON DIPLOMATIC RELATIONS TO THOSE
PERSONS ENTITLED TO DERIVITIVE DIPLOMATIC PRIVILEGES
AND IMMUNITIES. IN THIS CONNECTION, DEPARTMENT
REQUESTS PROMPT RESPONSE TO THE FOLLOWING QUESTIONS:
A. ARE THERE DEPENDENT CHILDREN OF MEMBERS OF THE
MISSION AT YOUR POST, AGE 21TTHROUGH 25, WHO ARE
ATTENDING AN INSTITUTION OF HIGHER LEARN/NG AND RPT AND
RESIDING SEPARATELY FROM THE SPONSORING PARENT?
B. IF SO, ARE SUCH STUDENTS RECOGNIZED BY THE HOST
STATE AS FAMILY FORMING PART OF THE HOUSEHOLD OF A
MEMBER OF THE MISSION AND, ACCOROINGLY, ACCORDED
DIPLOMATIC PRIVILEGE AND rmmursaTzLs IN ACCORDANCE WITH
THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS?
2. WHETHER OR NOT MISSION INCLUDES SUCH DEPENDENTS,
PLEASE PROVIDE BRIEF SUMMARY OF HOST STATE'S GENERAL
POLICY/PRACTICE WITH REGARD TO ITS DEFINITION OF
DIPLOMATIC FAMILY FOR THE PURPOSE OF GRANTING.IMMUN/TY
a.E., GENERAL RULE RE AGE, RESIDENCE, ETC.; ANY
SPECIAL RESTRICTIONS; ANY PROCEDURE WHEREBY SPECIAL
EXCEPTION MAY BE OBTAINED).
a. RESPONSE IS REQUESTED BY OCTOBER 30. PLEASE SLUG
ALL RESPONSES FOR THE ATTENTION OF M/OFM ANO L/M.
SHULTZ
UNCLASSIFIED
4085
NEA -07
FSI -04
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UNCLASS IF I E
Department of
PAGE 01 STATE 356683
ORIGIN L:11
INFO L04-08 COPY-81 ADS-00 EUR-OS SS-08
/013 R
DRAFTED BY: L/SFP:BCRASHKOW
APPROVED BY: L:MGKOZAK
EUR/SOV:LSELL
R 14144I1 NOV $6
FM SECSTATE WASHDC
TO AMEMBASSY MOSCOW
INFO AMCONSUL LENINGRAD
UNCLAS STATE 356608
0822
CPR-02 MOFM-87
M/OFM:JHULINGS
347657 1415212
E.O. 12356: N/A
TAGS: PREL, AMGT, ACID, KREC, US, UR
SUBJECT: CRT NEGOTIATIONS: EXCHANGE OF NOTES
/47
1. BEGIN SUMMARY. ON OCTOBER 31, Al THE CLOSE OF THE
CRT TALKS, THE US AND THE USSR AGREED TO EXTEND
CRIMINAL IMMUNITY TO FAMILY MEMBERS OF CONSULAR
OFFICER i AND EMPLOYEES AND TO SUBSTITUTE CHAMPLAIN FOR
ROUSES POINT, NEW YORK, AS THE AGREED UPON ENTRY/EXIT
POINT FOR SOVIET VEHICULAR TRAFFIC BETWEEN CANADA AND
THE US. THE TWO AGREEMENTS WERE FINALIZED BY EXCHANGES
OF NOTES. THE TEXTS OF THE NOTES FOLLOWS. ENO
SUMMARY.
2. BEGIN US TEXT. THE DEPARTMENT OF STATE REFERS THE
EMBASSY OF THE UNION OF SOVIET SOCIALIST REPUBLICS TO
RECENT DISCUSSIONS BETWEEN REPRESENTATIVES OF THE
GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE
UNION OF SOVIET SOCIALIST REPUBLICS CONCERNING THE
IMMUNITY OF FAMILY MEMBERS OF OFFICERS AND EMPLOYEES OF
THEIR RESPECTIVE CONSULAR ESTABLISHMENTS FROM THE
CRIMINAL JURISDICTION OF THE RECEIVING STATE. ON THE
BASIS OF THE EXCHANGES OF VIEWS, BOTH SIDES ARE
CONVINCED THAT A RECIPROCAL ARRANGEMENT FOR THE
IMMUNITY OF FAMILY MEMBERS OF SOVIET AND AMERICAN
CONSULAR OFFICERS AND EMPLOYEES IS MUTUALLY BENEFICIAL
AND THAT SUCH AN ARRANGEMENT WOULD BE IN THE INTERESTS
Of BOTN GOVERNMENTS. ACCORDINGLY, IT IS PROPOSED, ON
THE BASIS OF RECIPROCITY, THAT FAMILY MEMBERS FORMING
RfIRT OF THE HOUSEHOLDS OF CONSULAR OFFICERS AND
EMPLOYEES WHO ARE NATIONALS OF THE SENDING STATE SHALL
ENJOY IMMUNITY FROM THE CRIMINAL JURISDICTION or THE
RECEIVING STATE, PROVIDED THAT SUCH FAMILY MEMBERS ARE
NEITHER NATIONALS Of THE RECEIVING STATE NOR NAVE THE
STATUS IN THE RECEIVING STATE OF AN ALIEN LAWFULLY
ADMITTED FOR PERMANENT RESIDENCE. IF THE FOREGOING IS
ACCEPTABLE, IT IS PROPOSED THAT THE EMBASSY'S REPLY TO
THAT EFFECT, TOGETHER WITH THIS NOTE, SHALL CONSTITUTE
AN AGREEMENT TO BE EFFECTIVE ON THE DATE OF THE
EMBASSY'S REPLY. END US TEXT.
3. BEGIN TRANSLATION OF USSR TEXT. THE EMBASSY OF THE
UNION OF SOVIET SOCIALIST REPUBLICS REFERS TO THE NOTE
OF OCTOBER 31, 1986, FROM THE DEPARTMENT OF STATE OF
THE UNITED STATES OF AMERICA CONCERNING THE GRANTING OF
IMMUNITY FROM THE CRIMINAL JURISDICTION OF THE
RECEIVING STATE TO MEMBERS OF THE FAMILIES OF CONSULAR
OFFICERS AND EMPLOYEES OF THEIR CONSULAR
ESTABLISHMENT. THE EMBASSY REGARDS AS ACCEPTABLE THE
PROPOSAL CONTAINED IN THE DEPARTMENT OF STATE'S NOTE,
THAT ON THE BASIS OF RECIPROCITY THE MEMBERS OF THE .
FAMILIES OF CONSULAR OFFICERS AND OF Emovas nts,...
!INN
EXHIBIT ? L
WITH THEM WHO ARE NATIONALS OF THE SENDING STATE SHALL
ENJOY IMMUNITY FROM THE CRIMINAL JURISDICTION OF THE
RECEIVING STATE, PROVIDED THAT THESE FAMILY MEMBERS ARE
NOT NATIONALS OF THE RECEIVING STATE AND DO NOT HAVE IN
THE RECEIVING STATE THE STATUS OF ALIENS LAWFULLY
ADMITTED FOR PERMANENT RESIDENCE. THIS EMBASSY NOTE,
TOGETHER WITH THE ABOVE-MENTIONED NOTE OF THE
DEPARTMENT OF STATE, CONSTITUTE AN AGREEMENT THAT SHALL
ENTER INTO FORCE ON THE DATE OF THIS NOTE. END
TRANSLATION OF USSR TEXT.
4. BEGIN US TEXT. THE DEPARTMENT OF STATE REFERS THE
EMBASSY OF THE UNION Of SOVIET SOCIALIST REPUBLICS TO
RECENT DISCUSSIONS BETWEEN REPRESENTATIVES OF THE
GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE
UNION OF SOVIET SOCIALIST REPUBLICS CONCERNING
ENTRY/EXIT POINTS FOR USE BY THEIR RESPECTIVE
DIPLOMATIC AND CONSULAR ESTABLISHMENTS. DURING THESE
DISCUSSIONS, REPRESENTATIVES OF THE UNITED STATES
INFORMED THE REPRESENTATIVES OF THE UNION Of SOVIET
SOCIALIST REPUBLICS THAT THE UNITED STATES CUSTOMS
SERVICE HAS RECENTLY ENHANCED ITS CROSSING POINT
FACILITY AT CHAMPLAIN, NEW YORK, THAT IS IN CLOSE
PROXIMITY TO THE EXISTING CROSSING POINT FACILITY AT
ROUSES POINT, NEW YORK. THE GOVERNMENTS OF THE UNITED
STATES AND THE UNION OF SOVIET SOCIALIST REPUBLICS NAD
PREVIOUSLY AGREED UPON ROUSES POINT AS AN ENTRY/EXIT
POINT, AS REFLECTED IN THE NOTE Of TIE EMBASSY OF THE
UNITED STATES TO THE MINISTRY OF FOREIGN AFFAIRS OF TNE
UNION OF SOVIET SOCIALIST REPUBLICS DATED JULY 30, IRAN
O. 1432) CONFIRMING AGREEMENTSilEACNED ON RELATED__ _
MATTERS DURING THE 1114 CONSULAR REVIEW TALKS. TIE
ENNANCED CROSSING POINT FACILITY AT CNAMPLAIN IS BOT!
LARGER AND BETTER EQUIPPED TO DEAL VITN VESICULAR
TRAFFIC 'MAX THE FACILITY AT SOUSES POINT. TIE UNITED '
STATES PROPOSED TO MAKE A TECHNICAL MODIFICATION YO TIE
PREVIOUS AGREEMENTS BY CHANGING TIE ENTRY/EXIT POINT
FROM ROUSES POINT TO CHAMPLAIN, NEW YORK, FOR VESICULAR
TRAFFIC. ROUSES POINT WILL CONTINUE TO SERVE ALS TIE '
AGREED UPON ENTRY/EXIT POINT WITS REGARD TO TRAIN
TRAFFIC. IF TNE FOREGOING IS ACCEPTABLE, IT IS
PROPOSED THAT TIE EMBASSY'S REPLY TO TONT EFFECT,
TOGETHER WITS TNIS NOTE, SHALL CONSTITUTE Al AGREEMENT,
TO BE EFFECTIVE 01171E DATE OF TIE EMBASSY'S REPLY.
ENO US TEXT.
5. SKIN IRANSLATICM OF USSR TEXT. THE EMBASSY OF TOE
UNION OF SOVIET SOCIALIST REPUBLICS REFERS TO TIE NOTE -
OF OCTOBER 31, 1816, FROM TIE DEPARTMENT OF STATE OF
THE UNITED STATES OF AMERICA CONCERNING A CHANGE IN TNE
LOCATION OF TME POINTS Of ENTRANCE AND EXIST FOR TIE
STAFF Of SOVIET DIPLOMATIC AND CONSULAR
ESTABLISHMENTS. THE EMBASSY REGARDS AS ACCEPTABLE THE
DEPARTMENT OF STATE'S PROPOSAL TO CHANGE THE ENTRANCE
AND EXIT POINTS FOR MOTOR VEHICLES FROM ROUSES POINT,
NEW YORK, TO CHAMPLAIN, NEW YORK. ROUSES POINT SHALL
BE USED AS AN ENTRANCE-EXIT POINT FOR RAILROAD
TRANSPORTATION. THIS NOTE, TOGETHER WITH THE
DEPARTMENT OF STATE NOTE ON THIS MATTER, CONSTITUTES AN
UNDERSTANDING THAT SHALL ENTER INTO FORCE ON THE DATE
OF THIS NOTE. ENO TRANSLATION OF USSR TEXT.
6. MINIMIZED CONSIDERED. SHULTZ
A n. . ??? ? on ???
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- u
?
?
ID.O3ASSY OF TAX FIELLIPPINES
WASHINGTON'. D. D. ZOOSe
EXHIBIT - m
The Embassy of the Philippines presents its compliments to the
Department of State and has the honor to refer to the privileges and
immunities of consular officers as expressed in the Consular Convention
Between the United States of America and the Republic of the Philippines,
done at Manila, March 19, 1947, which entered into force November 18,
1948.
Article 1(2) of the aforementioned Consular Convention provides
that "consular officers of each High Contracting Party shall enjoy
reciprocally in the territories of the other High Contracting Party rights,
privileges, exemptions and immunities no less favorable in any respect
than the rights, privileges, exemptions and immunities which are enjoyed
by consular officers of the same grade of any third country and in
conformity with modern international usage." Taking note of Article 13
of the Consular Convention concluded by the United States in 1972 with
Poland, the Republic of the Philippines hereby requests that, under the
%.terms of Article 1(2) of the United States-Philippine Convention,
Philippine consular officers in the United States be accorded rights,
privileges, exemptions and immunities no less favorable than those
enjoyed by Polish consular officers in the United States. The Republic
Is pleased to confirm that consular officers of the United States enjoy
reciprocally in the Philippines rights, privileges, exemptions and
Immunities no less favorable in any respect than those that are enjoyed
by Polish consular officers in the United States pursuant to the 1972
United States-Poland Consular Convention.
The Embassy of the Philippines avails itself of this opportunity
to renew to the Department of State the assurances of its highest
/
?
consideration.
2 December 1982
?
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? EXHIBIT N I
EMBASSY OF TEE PHILIPP 9
WASHINGTON. D. O. 2008s
?
. .
ISO UAP li AM II 22
The Embassy of the Philippines presents its compliments
to the Department of State and has the honor to request
clarification on the immunities and privileges of consular
officers and staff members of consular posts of the
Philippines in the United States.
This clarification request is being made in the light
of:
1. The most-favored-nation clause in the U.S.-
Philippine Convention on Consular Relations of
1948; and
2. The acceptance by the U.S. Government of Philippine
assertion of the full effectivity of this clause
in the exchange of notes in December 1982 between
the United States and the Philippine governments.
It is to be noted that a Seattle Judge, in the case of
Estate of Silme G. Domingo et.al. V. Ferdinand Marcos et. al.,
accepted the diplomatic immunity claim of the Philippine
Consul General thereat on the grounds that the U.S. accords
such diplomatic immunity to the consular officers of a third
country under the 1972 U.S.-Poland Consular Agreement.
Certain incidents have arisen in the past involving
certain consular officers or staff members of Philippine
consular posts in the United States resulting in unfortunate
consequences, in part because of confusion or lack of under-
standing by local authorities of the immunities and privileges
of said consular officers or staff members. The latest of
these incidents happened in Honolulu, whereby the residence
of a staff member of the Philippine Consulate General was entered
(by Immigration and Naturalization Service agents based on
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alleged information received that the said staff member was
already out of status. There was also the case involving
another staff member at the Philippine Consulate General in
Los Angeles who was wrongly detained in a women's correctional
institution for alleged failure to testify as a witness in a
Los Angeles Municipal Court.
Under the most-favored-nation clause of the 1948
U.S.-Philippine Consular Convention in relation to the 1972
U.S.-Poland Consular Agreement, clarification on the
following would be highly appreciated:
a. immunity of consular officers and staff members
of Philippine Consular establishments from judicial and
administrative jurisdiction;
b. the inviolability of their persons-/ ;
(0,4 'Id, /
c. the inviolability of their premises; and
d.
Ve?
other privileges and immunities.
. S.;
The Embassy of the Philippines avails itself of this
opportunity to renew to the Department of State the
assurances of its highest consideration.
18 March 1985
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EXHIBIT M
5:1A1 ueparth:ent oA. 4,tste rerexs tu ILL; note tu the Ambses.
the usLeu Utii.,taltuet i7, conceruin the
ano I4lauhitleL4 ui uuhL;u1.:: uilicars snu stokl.
;nemuuru or uunaular kuata or the khilivoines in the WateC
;2ttstrt;, hiwiee to QtL L2.ia claritication.
i,ux the aeaistance of the 4moassy, the bepartment's note
repeatioo trom the 1Vi2 Consular Convention between the Uniteo
States u.Z America and the Government oi the kolisn People's
Aewouilo the previsions relating to the roll immunities of'
consular olticers and limiteo immunities of &tear members at
consular establishments. Gn close examination/ it aypears that
the Department's note may convey the erroneous impression that
all of these provisions govern the arrangement between the '
LnILtbtates and the Philippines.
'ine exchange of notes which took place during December,
11, invoking Article 1(2) of the 1947 Consular Convention
ketwoen the United States (a America and tile Aepublic ot tne
Vitilippines, provided only that Philippine consular officers in
the United States would be mdcorded rights, privileges,
ekemtions, and immunities no leb8 tavorable than those enjoyed
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by kollsa eLl.werz In tne Unituu btt.tam!
ri9nts, L..r1vIleyes, ezesai., tictis an4.1 ilubtunItits at=yruec. Ltazi
.zei.iJer;; eztetbilti.:Ae14Le wcre nvt et41:. .14ca nut
ycverlieu tne i:rvvibiuns ul tt11,.ILJ.0i:onventivo
ueti,een :;t4Itec, znu LU4U.Acc.:44ruln9.44, PLIIippzne
ozi.Liebkideyebb enoy only Lae 1LaiteU 119ilts, privile9tb,
anQ exegoitlyna;, aucoxuec uunsuiaK umpioyees unuer
tneLE.flLL unventiva on Lun4uict heAtitionb.
Dek.artAent Qi tate,
Washington,
?
?
OCTOBER 2 2 1985
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EXHIBIT - 144
The Department of State refers to the note of the Embassy
of the Philippines dated December 2, 1982, concerning the 1947
Consular Convention in force between the United States of
America and the Republic of the Philippines. The Embassy's
note Invokes Article 1(2) of the Consular Convention, under
which the Republic of the Philippines is entitled to obtain for
the benefit of consular officers of the Philippines serving in
the United States, on a reciprocal basis, rights, privileges,
exemptions and immunities that are no less favorable than those
enjoyed in the United States by consular officers of any third
country.
/n invoking this provision, the Republic of the Philippines
has requested that its consular officers be accorded rights,
privileges, exemption and immunities no less favorable than
those enjoyed by Polish consular officers in the United States
pursuant to the United States-Poland Consular Convention of
1972, taking note of Article 13 of that treaty. In this con-
nection, the Embassy's note confirms that consular officers of
the United States will enjoy reciprocally in the Philippines
the same rights, privileges, exemptions and immunities as are
requested for Philippine consular officers in the United States.
In accordance with the provisions of Article /(2) of the
1947 United States-Philippines Consular Convention, the request
of the Republic of the Philippines is granted on the basis of
the representations and guarantee of reciprocity set forth in
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the Embassy's note. Accordingly, consular officers of the
Philippines will henceforth enjoy reciprocally in the United
States rights, privileges, exemptions and immunities no less
favorable in any respect than those that are enjoyed by Polish
consular officers in the United States pursuant to the 1972
United States-Poland Consular Convention.
Department of State,
Washington, December 6, 1982
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r,AnibIT N
UNITED S ATES MISSION
TO THE U ITED NATIONS
?
EXHIBIT: N
March 1967
6-1,91re?-0/
The United States Mission to the United Nations
presents its compliMents to Permanent Missi ?ns to tne
Uniteo Nations and has the honor to advise hem of
the definition which app_Lies to tne term 'f mi.*" for
the purpose of privileges and immunities.
For tne purposes of tne application in he United
States of the Vienna Convention on Diplomat c
Relations, operative for United Nations Hi-.ions
througn Section i5 of the United States/Uni ed
Nations Headquarters Agreement, "familx... ofming
part of ...househole means the spouse of e member
or the mission ano nis ot her unmarried ch oren
under 21 years of age, Who are not members f some
other nousenold, ana who resioe exclusivel in the
principal's household. Additionally, the ? rm
"family" incluaes children unaer 23 years f age who
are attending an institution of higher leaning on a
full-time basis.
Other persons who are not members of s me otner
nousenold, who resioe exclusively in tne incipal's
housenoid, and wno are recognized as memoe s of the
family forming part of tne household, unae
exceptional circumstances aria witn the exp ess
approval of the United States Government, iso max be
consioerea "family" for tne purposes of th Vienna
Convention. In Such exceptional cases, a orma.L
request for consicieration oy tne United St tes
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Government must be SUbMi ttea. The request sh tilt;
include full justification tor the requestea
exception.
The attention of Permanent Missions is al arawn
to the applicable provisions of international aw in
respect of termination of status. whenever a
person who has been accordea "family" status 11 the
Uniteu States ceases to reside with the princi ai,
reaches an aye beyond which tamily status 16
preciudea, marries, or otherwise ceases to be art ot
tne household of the prinelydl, sucn person
immediately ceases to De a "member of the tami
within the meaning at international law ana th
Vienna Convention on Diplomatic Relations.
Accordingly, all privileyes and immunities to blot'
such person previously had been entitled in th
United States would terminate thirty days ther after
unless in a particular case a shorter time hao been
specified by the United States Government.
The United States Government tecoynizes th
aerivative visa status of those cniidren who h
reachea the aye of majority even tnOun uiplom ic
ptivileyes ana immunities rive ceased. The mi ions
may formally reyuest continuation of "family" atus
tor otnerwise eligible cnliciren up to the age o 23
wno are attenGiny an institution or nlyner leat ing
on a tull time osis by suDmitting a diplomatic note
It
to tne United States Mission. Such reyuests sn ulu
be received no later tnan tnirty aays prior to ne
child's twenty-first oirtnL:iay, Or witnin tnirty a s
or the receipt of this Note.
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r61
The United States Mission requests that a 1
Permanent Missions submit to the United State
Mission a complete listing of all family memb s of
diplomats, including their dates of birth by ril
15, 1987. Diplomatic Notes detaiiing attendan e at
college tor children oetween the ages of il an 23 or
exceptional circumstances stould also ue sent o the
UnIteu States Mission. Notes shoulu ue torwar a no
later moan thirty days following tne receipt o tnis
Note.
It is empnasized tnat tne stanoard sec tort in
this note is solely to define memuers of the fa ily
pursuant to the terms of tne Vienna Convention
Diplomatic Relations and is without prejudice t
other definitions of family tor otner purposes icn
have an independent basis in international agree ents
or Unitea States domestic law.
The Unitea States Mission to the United Nati ns
avails itself of tbis Opportunity to renew to tn
Permanent Missions to the United Nations the
assurances of its nighest consideration.
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EXHIBIT - 0
FAMILY MEMBERS ENTITLED TO IMMUNITY - WASHINGTON. D.C. (August 1987)
Category Type of Immunity Number
Embassy
Diplomatic Family Members Full Criminal and Civil 6,878
Administrative & Technical
Staff Family Members Full Criminal/No Civil 5,609
Soviet Employees
Family Members Full Criminal and Civil 219
China Employees
Family Members Full Criminal and Civil 5
0.A S.
Diplomatic Family Members Full Criminal and Civil 494
International Organizations
Principal Resident Representatives
Family Members Full Criminal and Civil
98
13,308
FAMILY MEMBERS ENTITLED TO IMMUNITY - NEW YORK CITY
Category Type of Immunity Number
UNITED NATIONS
Diplomatic Family Members Full Criminal and Civil 3,034
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CONSULATES
Bilateral Consuls
China Family Members
Hungary Family Members
Poland Family Members
Bilateral Consular Employees
Hungary Family Members
Full Criminal/No Civil
Full Criminal/No Civil
Full Criminal and Civil
Full Criminal/No civil
FAMILY MEMBERS ENTITLED TO IMMUNITY
OUTSIDE WASHINGTON AND NEW YORK CITY
Cateciory
Bilateral Consuls
USSR Family Members
China Family Members
Poland Family Members
Philippines Family Members
Bilateral Consular Employees
USSR Family Members
China Family Members
Int'l Boundary &
Water Commission
Family Members
Total:
Total:
(All family members)
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Type of Immunity
Full Criminal/No Civil
Full Criminal/No Civil
Full Criminal and Civil
Full Criminal/No Civil
Full Criminal/No Civil
Full Criminal/No Civil
Full Criminal and Civil
34
7
28
7
3,089
Number
11
52
28
75
18
1
4
399
16,693
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FOREIGN RELATIONS AUTHORIZATION ACT
ANALYSIS OF PROPOSED SENATE AMENDMENT
Conference Report on H.R. 1777,
Foreign Relations Authorization Act
(secs. 1001-1013)
Prepared by
Department of State
March 18,' 1988
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ANALYSIS OF PROPOSED SENATE AMENDMENT
On October 8, 1987 the Senate passed an amendment to H.R.
1777, the State Department Authorization Act, providing for
prevention of abuse of diplomatic immunity. In section 137 of
the Authorization Act as passed, Congress has required the
Department to undertake a study and compile a report on various
aspects of diplomatic immunity and its abuse, including "an
analysis of proposed and other potential measures to address
the problem." The Conference Report clarifies that this
analysis is to include an analysis of the proposed Senate
amendment. (Conference Report, at 125.) This part of the
report presents a section by section analysis by the State
Department of the proposed Senate amendment.
Section 1001 -- "Short Title."
ANALYSIS: No comment.
Section 1002 -- "Crimes Committed by Diplomats." This section
amends the Foreign Missions Act, 22 U.S.C. 4301 et seq., as
follows:
Subsection (a): to require the Director of the Office of
Foreign Missions to develop and maintain records on each
incident of alleged criminal misconduct on the part of a
foreign diplomat, and to report annually to Congress on those
411 incidents.
Subsection (b): to direct the Director of the Office of
Foreign Missions to undertake an education program for local
law enforcement officials to assure that local law enforcement
officials know which members of the diplomatic community are
entitled to what degree of immunity, under the Vienna
Convention on Diplomatic Relations, and to take necessary steps
to fully investigate, charge and prosecute crimes alleged to
have been committed by foreign diplomats or members of their
families, to the extent consistent with the Vienna Convention.
ANALYSIS:
As many of the functions mandated by this subsection may
fall within the purview of offices other than the Office of
Foreign Missions, the Secretary of State should have the
flexibility to delegate these responsibilities as he deems
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_
necessary and appropriate. In addition, these functions are
more closely related to the subject matter of the Diplomatic
Relations Act, 22 U.S.C. 254a, et seq., and should be set forth
as amendments to that law.
The use of the phrase "an individual with immunity from the
criminal jurisdiction of the United States under the Vienna
Convention," does not adequately characterize the full range of
persons that we believe Congress intended to cover in this
subsection. Not only do diplomats and certain other types of
diplomatic personnel have immunity from criminal jurisdiction,
but under bilateral and multilateral agreements, and customary
international law, certain other personnel are also entitled to
this immunity. Thus, we recommend the following language for
use throughout this legislation (or any other proposed
legislation) to ensure that all persons who may be entitled to
immunity from the criminal jurisdiction of the United States
are covered by these subsections: "an individual entitled to
immunity from the criminal jurisdiction of the United States,"
and setting forth the following definition in a definitions
subsection of the legislation: "'an individual entitled to
immunity from the criminal jurisdiction of the United States,'
means any individual who is not subject to such criminal
jurisdiction as a result of international obligations of the
United States arising from multilateral agreements, bilateral
agreements or customary international law."
We have no objection to the record-keeping and reporting
requirements envisioned in these subsections. We already
maintain records regarding immune personnel who are alleged to
411 have committed serious offenses, and believe that sharing this
information with Congress is appropriate due to Congress'
oversight function and may help deter future offenses.
We also agree that education of local law enforcement
officials is an important element in preventing abuse of
immunities. We have sought to make U.S. law enforcement
agencies aware of the limited scope of immunities to ensure
that law enforcement authorities proceed whenever the
perpetrator does not actually have immunity with respect to the
acts in question. In addition, we encourage full scale
investigation, even where the individual has immunity, to
ensure that the charges are well-founded and to help us seek a
waiver and compensation for the victim. We are pleased that
Congress shares this interest and welcome its efforts to do
more in this area.
Subsection (c): to prohibit the Department of State from
influencing any criminal investigation, charge, or prosecution
of any member of a foreign mission, or a family member, not
entitled to immunity under the Vienna Convention.
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ANALYSIS:
Again, the description of those who would be covered by -
this section is not complete. In order to exclude all persons
who are entitled to immunity from the criminal jurisdiction of
the United States pursuant to our international obligations,
? the phrase "not entitled to immunity from the criminal
jurisdiction of the United States" should be used.
We are concerned about this provision's ban on "influence"
by the Executive Branch. As worded we believe it may be
intended or construed to ban all Executive Branch contact with
state or local prosecutors. Obviously, it is not the policy of
the federal government to bring undue or inappropriate pressure
on state or local governments in connection with investigations
or prosecutions of foreign persons. Nonetheless, in cases when
a state or local government investigation or prosecution has
foreign policy implications, the Executive not only has a
right, but a duty, to communicate those implications to the
appropriate state or local authorities. To the extent that
this provision would limit such communications, and we note it
is somewhat ambiguous, it would be unconstitutional. We are
also concerned that such a provision may interfere with the
Department's obligation to provide factual data to law
enforcement authorities with regard to immunity or
inviolability. The Department cannot be silent if asked about
an individual's immunity. In the Kostadinov case, for example,
a U.S. District Court improperly found a foreign government
official immune, and the State Department had to intervene on
appeal to establish that he did not have immunity. Congress
may wish to enact a reporting requirement requiring the State
Department to report all instances in which it communicates
with state or local authorities in an effort to discourage any
investigation, charge or prosecution, as a means of ensuring
Congress is fully informed about all such activities and to
prevent abuse.
Subsection (d): to require the Director of the Office of
Foreign Missions to notify the Diplomatic Corps regarding U.S.
policies relating to criminal offenses committed by members of
the diplomatic community.
ANALYSIS:
As the function mandated by this subsection may fall within
the purview of offices other than the Office of Foreign
Missions, the Secretary of State should have the flexibility to
delegate these responsibilities as he deems necessary and
?
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appropriate. In addition, this function is more closely
related to the subject matter of the Diplomatic Relations Act,
22 U.S.C. 254a, et seq., and should be set forth as an
amendment to that law.
The State Department already makes every effort to notify
the diplomatic community of its policies regarding criminal
offenses committed by its members, most recently in the
circular diplomatic note of September 21, 1987. We believe
that notification of the community of our strict policies in
this regard may help prevent abuses of immunity in the future.
Section 1003 -- to require the Director of the Office of
Foreign Missions to develop and implement procedures for the
registration and departure of diplomats and their families.
ANALYSIS:
As the function mandated by this subsection may fall within
the purview of offices other than Office of Foreign Missions,
the Secretary of State should have the flexibility to delegate
these responsibilities as he deems necessary and appropriate.
In addition, this function is more closely related to the
subject matter of the Diplomatic Relations Act, 22 U.S.C. 254a,
et seq., and should be set forth as an amendment to that law.
The use of the phrase "an individual with immunity from the
criminal jurisdiction of the United States under the Vienna
411 Convention," does not adequately characterize the full range of
persons that we believe Congress intended to cover in this
subsection. Thus, we recommend use of the language: "an
individual entitled to immunity from the criminal jurisdiction
of the United States," to ensure that all persons who may be
entitled to immunity from the criminal jurisdiction of the
United States are covered by this subsection.
As described by the Department in other sections of this
report, the Department does already have extensive registration
and departure procedures and is closely examining methods of
improving these procedures.
Section 1004
Subsection (a): to set forth a procedure for the issuing
of summons to any individual entitled to immunity under the
Vienna Convention believed to have committed a serious crime,
and to require the Secretary of State to request the sending
?
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1,
state to waive immunity of any individual charged with serious
criminal offense, and if such waiver is not granted, to declare
such individual persona non grata.
ANALYSIS:
The use of the phrase "an individual with immunity from the
criminal jurisdiction of the United States under the Vienna
Convention," does not adequately characterize the full range of
persons that we believe Congress intended to cover in this
subsection. Thus, we recommend use of the language: "an
individual entitled to immunity from the criminal jurisdiction
of the United States," to ensure that all persons who may be
entitled to immunity from the criminal jurisdiction of the
United States are covered by this subsection.
In addition, the definition of "serious criminal offense"
should be limited to crimes of violence as defined in U.S. law,
perhaps including those offenses where the offense causes
serious personal injury. The Department also believes that the
application of this proposal should be limited to situations
where there is evidence tending to substantiate the charges.
The Department has difficulty with the requirement that a
summons be issued before the Secretary of State can act.
First, the issuance of the summons itself is an exercise of
jurisdiction and may run afoul of the obligation to provide
immunity from jurisdiction for certain officials and their
dependents. Next, the absence of such a requirement that a
summons first be issued enables the Department to proceed on
the basis of the facts of the situation as soon as possible.
Third, the requirement that a summons be issued may be
impossible to enforce in state and local prosecutions, in which
the federal government has no power to intervene.
The language requiring the Secretary to "declare non grata"
any individual entitled to diplomatic immunity and implicated
in a serious crime should be replaced' with language providing
that the Secretary "ensure the removal of" such individuals.
This is a technical change necessary because legally we cannot
declare family members of administrative and technical staff
non grata; we ask that the family members be removed and
declare the principal non grata if the individual does not
leave, and we refuse to continue to accept administrative and
technical staff. In addition, personnel are often recalled
before we declare them non grata or unacceptable.
We have no objection to a requirement that the Secretary of
State request a waiver of immunity in every serious case, but
we object to Congress' requirement that without such a waiver
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the Secretary must ensure the removal of the individual. Under
Article II, section 3 of the Constitution, the ability to
accept Ambassadors and other public Ministers is vested
exclusively in the President. This ability includes a
determination of who is and who is not a member of a foreign
mission, and therefore includes the declaration that an
official is non grata and no longer a member of a foreign
mission.
Subsection (b): to require the Secretary of State to
notify the Commissioner of the Immigration and Naturalization
Service of each diplomat who leaves voluntarily or is asked to
leave because of an alleged criminal offense.
Subsection (c): to amend section 212(a) of the Immigration
and Nationality Act to bar reentry into the United States of
any individual who has left the country voluntarily or who has
been asked to leave because of alleged involvement in a serious
criminal offense.
ANALYSIS:
The Department of State presently has in place a number of
mechanisms to ensure that those who leave because of
involvement in criminal activity are not able to come back into
the United States. These mechanisms include entering data on
the alleged offender into the Department's Automated Visa
Lookout System as well as notification to the Immigration and
Naturalization Service for insertion of the information into
!II its lookout system. Every effort is made to cancel the United
States visa of the alleged offender. The Bureau of Consular
Affairs, as the entity charged with administration of this
program, believes the present procedures in place for
notification and exclusion of aliens are adequate to meet the
purpose and intent of these proposed subsections.
Section 1005 -- to authorize the institution and maintenance of
criminal prosecution provided that no measure is taken in
derogation of an immune individual's inviolability or immunity.
ANALYSIS:
The Department of State has no objection to this provision,
which recognizes our international law obligation to respect
the immunity and inviolability of persons entitled to them
under international agreements or customary international law.
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Section 1006 -- to require both the Secretary of State and the
Comptroller General of the United States to review and report
to Congress on U.S. policies of providing privileges and
immunities to foreign diplomats.
ANALYSIS:
This proposal was essentially enacted into law pursuant to
section 137 of the Foreign Relations Authorization Act. Now
that a report has been prepared by the Department of State, it
would appear that there is no longer a need for legislation
calling for such a report.
Section 1007 -- to require the Attorney General, in
consultation with the Department of State, to review U.S.
procedures for issuing visas to diplomats to the United States
and the United Nations.
ANALYSIS:
As the Department of State is the primary agency
responsible for issuing visas, this proposal should be changed,
as a technical matter, to substitute "Secretary of State" for
"Attorney General" and vice-versa. The Department of State and
the Immigration and Naturalization Service have already begun
the process of reviewing the visa issuance procedures in this
area, and we welcome Congressional support and interest in this
process.
Section 1008 -- to amend the definition of family in the
Diplomatic Relations Act to exclude, except in exceptional
cases, children aged 21 or over, or aged 23 or over if the
child is a full-time student in a postsecondary institution.
ANALYSIS:
As the Department has noted in its report, this definition
of family follows the State Department's practice and
procedure, as enunciated in its Circular Notes to all
diplomatic missions of May 22, 1986 and February 2, 1987.
Thus, adoption of this standard would not affect the number of
persons entitled to privileges and immunities. Although such
an amendment may be useful to codify practice with regard to
the Vienna Conventions on Diplomatic and Consular Relations, it
would limit the U.S. Government's flexibility to modify the
definition in the future. However, the definition does not
exclude members of the family of diplomatic agents who are U.S.
nationals, and members of the family of administrative and
technical staff who are either U.S. nationals or permanent
residents. In addition, we would like to include a provision
II/ permitting a more limited definition of family where warranted,
such as for reciprocity reasons.
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Section 1009 -- to increase the current minimum automobile
liability insurance for members of foreign missions from
$300,000 to $1,000,000.
ANALYSIS:
The feasibility of increasing such coverage, as well as an
examination of the entire question of minimum liability
insurance coverage, is currently under study as a requirement
of Section 137(a) of the Foreign Relations Authorization Act.
Section 1010 -- to require the Director of the Office of
Foreign Missions to set up a liability insurance scheme which
can reasonably be expected to compensate victims of crimes
committed by diplomats.
ANALYSIS:
Any requirement to establish an insurance fund to protect
American citizens from criminal acts by diplomats does not
appear to be feasible at this time. To the Department's
knowledge, coverage for criminal liability insurance does not
exist in the commerical insurance market. A foreign mission
may, however, purchase general liability insurance which will
protect the embassy against any acts of negligence.
This does not preclude a mission or missions from
establishing an insurance fund financed by members of the
diplomatic community. However, in the event that such a
criminal insurance fund could be established and administered
by the diplomatic community, significant difficulties would
cerainly arise in the determination at payment and the award of
compensation outside the judicial system. Finally, there is no
legal basis upon which we could require the diplomatic
community to subscribe to such a compensation fund, and enforce
any failures to subscribe or otherwise participate.
The question will be further discussed in terms of the
overall insurance study being undertaken by the Office of
Foreign Missions in the context of catastrophic coverage which
could be construed to include the results from incidents
involving diplomatic criminal acts.
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Section 1011-- to institute procedures for certifying to a
court immunity from criminal jurisdiction of any individual
issued a summons by the court under the provisions of this act,
under which the foreign minister of the sending state must
request certification of immunity for an individual alleged to
have committed a criminal offense to the head of the U.S.
mission in the sending state who shall then make that request
to the Secretary of State.
ANALYSIS:
This proposal errs in assuming that immunity must first be
claimed for it to exist. Instead, under international
obligations immunity exists unless expressly waived. Absent a
waiver, the Department cannot be silent if asked by courts with
regard to an individual's immunity, including cases where the
individual may not have immunity. In addition, requiring the
foreign minister himself to request immunity could cause
extreme logistical difficulties in the execution of this
requirement. We believe it is possible for Congress to ensure
that these matters will reach the foreign ministry of the
sending state by requiring, for example, that the State
Department inform the foreign ministry of the seriousness of
the charges where a serious offense has been committed.
Finally, this proposal also fails to take into account the fact
that the President, under the Constitution, receives
Ambassadors Extraordinary and Plenipotentiary as the
authoritative spokesmen for their country.
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Section 1012 -- to require the President to take necessary
steps to prevent the use of diplomatic pouches for illicit
transportation of drugs, explosives, and weapons or any
material used to foster terrorism.
ANALYSIS:
The President, in coordination with the Department of
State, Department of Justice, Customs, the FBI, and the CIA,
has been studying this matter and is developing steps to detect
abuses when they occur as well as to prevent use of the pouch
for any illicit purposes. In addition, we have concluded that
abuses of the bag are relatively rare compared to the
reasonable and proper uses routinely made of the bag. We
welcome Congress' support for our endeavors in this area.
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Section 1013 -- to provide a definition of the terms "serious
criminal offense" and "Vienna Convention" as used in this
legislation.
ANALYSIS:
The Department of State believes that the proposed
definition of serious offense, which triggers many of the
requirements under the other sections of the Senate Amendment,
is too broad and not related to the concept of a serious
offense under U.S. and state law. We recommend limiting the
definition of serious offense to crimes of violence as defined
in U.S. law, perhaps including those offenses where the offense
causes serious personal injury.
As we have previously stated, the State Department does not
believe that defining individuals with immunity by reference to
the Vienna Diplomatic Convention alone is sufficient to
describe those persons who are entitled to immunity from the
criminal jurisdiction of the U.S. We recommend that persons
who have immunity from the criminal jurisdiction of the United
States be defined in the definitions subsection as follows:
"'an individual entitled to immunity from the criminal
jurisdiction of the United States,' means any individual who is
not subject to such criminal jurisdiction as a result of
international obligations of the United States arising from
multilateral agreements, bilateral agreements or customary
international law."
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