Us Code § 4304b - Crimes committed by diplomats
Full text of Us Code United States Code § 4304b — Crimes committed by diplomats, with citation guidance and answers to common questions.
§ 4304b. Crimes committed by diplomats
(a) Annual report concerning diplomatic immunity
(1) Report to Congress
The Secretary of State shall prepare and submit to the Congress, annually, a report concerning diplomatic immunity entitled "Report on Cases Involving Diplomatic Immunity".
(2) Content of report
In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following:
(A) The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.
(B) Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within the United States, and any additional information provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to believe the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provision of which the Secretary reasonably believes would compromise a criminal investigation or prosecution or which would directly compromise law enforcement or intelligence sources or methods.
(C) Each case described in subparagraph (B) in which the Secretary of State has certified that a person enjoys full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.
(D) The number of United States citizens who are residing in a receiving state and who enjoy full immunity from the criminal jurisdiction of such state under laws extending diplomatic privileges and immunities.
(E) Each case involving a United States citizen under subparagraph (D) in which the United States has been requested by the government of a receiving state to waive the immunity from criminal jurisdiction of the United States citizen.
(F) Whether the Secretary has made the notifications referred to in subsection (c) during the period covered by the report.
(3) "Serious criminal offense" defined
For the purposes of this section, the term "serious criminal offense" means—
(A) any felony under Federal, State, or local law;
(B) any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year;
(C) any crime of violence as defined for purposes of section 16 of title 18; or
(D)(i) driving under the influence of alcohol or drugs;
(ii) reckless driving; or
(iii) driving while intoxicated.
(b) United States policy concerning reform of diplomatic immunity
It is the sense of the Congress that the Secretary of State should explore, in appropriate fora, whether states should enter into agreements and adopt legislation—
(1) to provide jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to immunity from criminal jurisdiction under laws extending diplomatic privileges and immunities; and
(2) to provide that where there is probable cause to believe that an individual who is entitled to immunity from the criminal jurisdiction of the receiving state under laws extending diplomatic privileges and immunities committed a serious crime, the sending state will waive such immunity or the sending state will prosecute such individual.
(c) Notification of diplomatic corps
The Secretary should periodically notify each foreign mission of United States policies relating to criminal offenses committed by individuals with immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.
(Aug. 1, 1956, ch. 841, title II, §204B, as added Pub. L. 105–375, §1, Nov. 12, 1998, 112 Stat. 3385.)
Editorial Notes
Codification
Section 1 of Pub. L. 105–375, which directed amendment of title I of the State Department Basic Authorities Act of 1956 by adding this section after section 204A, was executed by adding this section after section 204A of title II of the State Department Basic Authorities Act of 1956, to reflect the probable intent of Congress.
About This Section
22 U.S.C. § 4304b is part of Title 22 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 22 U.S.C. § 4304b. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.