An Act to amend the State Department Basic Authorities Act of 1956 to require the Secretary of State to submit an annual report to Congress concerning diplomatic immunity.
PL 105-375 (S.759), enacted 11/12/1998

PUBLIC LAW 105-375—NOV. 12, 1998 
112 STAT. 3385 
Public Law 105-375 
105th Congress 
An Act 
To amend the State Department Basic Authorities Act of 1956 to require the 
-^ 
Secretary of State to submit an annual report to Congress concerning diplomatic 
— '. 
immunity. 
fS. 759] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMU-
NITY. 
Title I, of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 4301 et seq.; commonly referred to as the "Foreign 
Missions Act") is amended by inserting after section 204A the 
following new section: 
"SEC. 204B. CRIMES COMMITTED BY DIPLOMATS. 
22 USC 4304b. 
"(a) ANNUAL REPORT CONCERNING DIPLOMATIC IMMUNITY.— 
"(1) REPORT TO CONGRESS.—The Secretary of State shall 
prepare and submit to the Congress, annually, a report concern-
ing 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 jurisdic-
tion of the United States under laws extending diplomatic 
privileges and immunities. 
"(B) Each case involving an alien described in subpara-
graph (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 com-
promise law enforcement or intelligence sources or meth-
ods. 
"(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 
112 STAT. 3386 
PUBLIC LAW 105-375—NOV. 12, 1998 
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 pur-
poses 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, United States Code; 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 DIPLO-
MATIC 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 crimi-
nal 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 send-
ing state will prosecute such individual. 
PUBLIC LAW 105-375—NOV. 12, 1998 
112 STAT. 3387 
"(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.". 
Approved November 12, 1998. 
LEGISLATIVE HISTORY—S. 759: 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Nov. 8, considered and passed Senate. 
Vol. 144 (1998): Oct. 14, considered and passed House.