Diplomatic Relations Act
PL 95-393 (H.R.7819), enacted 09/30/1978

92 STAT. 808 
PUBLIC LAW 95-393—SEPT. 30, 1978 
Public Law 95-393 
95th Congress 
An Act 
Sept. 30, 1978 
TO complement the Vienna Convention on Diplomatic Relations. 
[H.R. 7819] 
Be it enacted by the Senate and House of Representatives of the 
Diplomatic 
United States of America in Congress assembled, 
Relations Act. 
SHORT TITIiE 
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SECTION 1. This Act may be cited as the "Diplomatic Relations Act", 
note. 
DEFINITIONS 
22 use 254a. 
SEC. 2. As used in this Act— 
(1) the tenn "members of a mission" means— 
(A) the head of a mission and members of the diplomatic 
staff of a mission, 
(B) members of the administrative and technical staff of a 
mission, and 
(C) members of the service staff of a mission, 
as such terms are defined in Article 1 of the Vienna Convention; 
(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 Article 37 of the Vienna Convention; 
(3) the t>erm "mission" includes missions within the meaning of 
the Vienna Convention and any missions representing foreign 
governments, individually or collectively, which are extended the 
same privileges and immunities, pursuant to law, as are enjoyed by 
missions under the Vienna Convention; and 
(4) the term "Vienna Convention" means the Vienna Conven-
tion on Diplomatic Relations of April 18,1961 (T.I.A.S. numbered 
7502; 23 U.S.T. 3227), entered into force with respect to the United 
States on December 13,1972. 
ESTABLISHMENT OF THE VIENNA CONVENTION AS THE UNITED STATES l A W 
ON DIPLOMATIC PRIVILEGES AND IMMUNITIES 
Repeal. 
SEC 3. (a) (1) Sections 4063 through 4066 of the Revised Statutes 
of the United States (22 U.S.C. 252-254) are repealed. 
(2) The section analysis of title XLVTI of the Revised Statutes of 
the United States is amended by striking out the items relating to sec-
tions 4063 through 4066. 
22 use 254b. 
(b) Members of the mission of a sending state which has not ratified 
the Vienna Convention, their families, and the diplomatic couriers 
of such state, shall enjoy the privileges and immunities specified in the 
Vienna Convention. 
PUBLIC LAW 95-393—SEPT. 30, 1978 
92 STAT. 8()9 
AUTHORITY TO EXTEND MORE FAVORABLE OR LESS FAVORABLE TREATMENT 
SEC. 4. The President may, on the basis of reciprocity and under 
22 USC 254c. 
such terms and conditions as he may determine, specify privileges and 
immunities for members of the mission, their families, and the diplo-
matic couriers of any sending state which result in more favorable 
treatment or less favorable treatment than is provided under the 
Vienna Convention. 
DISMISSAL OF ACTIONS AGAINST INDIVIDUALS ENTITLED TO IMMUNIlTf 
SEC. 5. Any action or proceeding brought against an individual who 22 USC 254d. 
is entitled to immunity with respect to such action or proceeding under 
the Vienna Convention on Diplomatic Relations, under section 3(b) 
or 4 of this Act, or under any other laws extending diplomatic privi-
leges and immunities, shall be dismissed. Such immunity may be 
established upon motion or suggestion by or on behalf of the indi-
vidual, or as otherwise permitted by law or applicable rules of 
procedure. 
REQUIREMENT FOR LIABILITY INSURANCE 
SEC. 6. (a) Each mission, members of the mission and their families, 22 USC 254e. 
and individuals described in section 19 of the Convention on Privileges 
and Immunities of the United Nations of February 13, 1946, shall 
comply with any requirement imposed by the regulations promulgated 
by the President pursuant to subsection (b). 
(b) The President shall, by regulation, establish liability insurance Regulations, 
requirements to be met by each mission, members of the mission and 
their families, and individuals described in section 19 of the Conven-
tion on Privileges and Immunities of the United Nations of Febru-
ary 13, 1946, relating to risks arising from the operation in the United 
States of any motor vehicle, vessel, or aircraft. 
(c) The President shall take such steps as he may deem necessary to 
insure that each mission, members of the mission and their families, 
and individuals described in section 19 of the Convention on Privileges 
t^.-j: 
and Immunities of the United Nations of February 13, 1946, who 
operate motor vehicles, vessels, or aircraft in the United States comply 
with the requirements established pursuant to subsection (b). 
SEC. 7. (a) That chapter 85 of title 28, United States Code, is 
amended by the addition of the following new section: 
"§ 1364. Direct actions against insurers of members of diplomatic 
28 USC 1364. 
missions and their families 
"(a) The district courts shall have original and exclusive jurisdic-
tion, without regard to the amount in controversy, of any civil action 
commenced by any person against an insurer who by contract has 
insured an individual, who is a member of a mission (as defined in the 
Vienna Convention on Diplomatic Relations) or a member of the 
family of such a member of a mission, or an individual described in 
section 19 of the Convention on Privileges and Immunities of the 
United Nations of February 13, 1946, against liability for personal 
injury, death, or damage to property. 
"(b) Any direct action brought against an insurer under subsection 
(a) shall be tried without a jury, but shall not be subject to the defense 
that the insured is immune from suit, that the insured is an indispens-
abllB party, or in the absence of fraud or collusion, that the insured has 
violated a term of the contract, unless the contract was cancelled before 
the claim arose.". 
92 STAT. 810 
PUBLIC LAW 95-393—SEPT. 30, 1978 
(b) The chapter analysis of chapter 85 of title 28, United States 
Code, is amended by adding after the item relating to section 1363 the 
following new item: 
"1364. Direct actions against insurers of members of diplomatic missions and 
their families.". 
CONFORMING AMENDMENTS TO TITLE 2 8 
SEC. 8. (a)(1) Section 1351 of title 28, United States Code, is 
amended to read as follows: 
"§1351. Consuls, vice consuls, and members of a diplomatic 
mission as defendant 
"The district courts shall have original jurisdiction, exclusive of the 
courts of the States, of all civil actions and proceedings against— 
" Q^ consuls or vice consuls of foreign states; or 
"(2) members of a mission or members of their families (as 
such terms are defined in section 2 of the Diplomatic Relations 
Act).". 
(2) The chapter analysis of chapter 85 of such title 28 is amended 
by amending the item relating to section 1351 to read as follows: 
"1351. Consuls, vice consuls, and members of a diplomatic mission as defendant.". 
(b)(1) Section 1251(a) of such title 28 is amended to read as 
follows: 
Jurisdiction. 
" (a) The Supreme Court shall have original and exclusive jurisdic-
tion of all controversies between two or more States.". 
(2) Section 1251(b) (1) of such title 28 is amended by striking out 
"brought by" and all that follows through "consuls or" and inserting 
in lieu thereof "to which ambassadors, other public ministers, consuls, 
or". 
EFFECTIVE DATE 
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SEC. 9. This Act shall take effect at the end of the ninety-day period 
note. 
beginning on the date of its enactment. 
Approved September 30, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-526 (Comm. on International Relations). 
SENATE REPORTS: No. 95-958 (Comm. on Foreign Relations) and No. 95-1108 (Comm. 
on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): July 27, considered and passed House. 
Vol. 124 (1978): Aug. 17, considered and passed Senate, amended. 
Sept. 18, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 14, No. 40 (1978): Oct. 2, Presidential statement.