united states: diplomatic relations act and regulations on compulsory liability insurance for...

UNITED STATES: DIPLOMATIC RELATIONS ACT AND REGULATIONS ON COMPULSORYLIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNELSource: International Legal Materials, Vol. 18, No. 1 (JANUARY 1979), pp. 149-153Published by: American Society of International LawStable URL: http://www.jstor.org/stable/20692010 .

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149

UNITED STATES : DIPLOMATIC RELATIONS ACT AND REGULATIONS ON COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL*

Public Law 95-393 95th Congress

An Act Sept 30, 1978 0 complement the Vienna Convention on Diplomatic Relations. [H.R. 7819]

Diplomatic Relations Act

Be it enacted by the Senate and Bouse of Representatives of the

Diplomatic United States of America in Congress assembled, stations Act

short title

22 USC 254? Section 1. This Act may be cited as the "Diplomatic Belations Act", note.

definitions

22 USC 254a. Sec. 2. As used in this Act? ( 1 ) the term "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 term "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 Kelations of April 18,1961 (T.LAJS. 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 law 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 XLVI? of the Kevised Statutes of the United States is amended by striking out the items relating to sec tions 4063 through 4066.

22 USC 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.

*[The proposed regulations with regard to compulsory liability in surance at I.L.M. page 151 were reproduced from the U.S. Federal Regis ter. Vol. 43, No. 235 (December 6, 1978), pp. 57159-60.

[The Agreement between the U.S.S.R. and the U.S. on privileges and

immunities of embassy staff, done by exchange of notes on December 14, 1978, appears at I.L.M. page 56.]



150

authority to extend more favorable or less favorable treatment

Sec. 4. Th? 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 immunity

Sec. 5. Any action or proceeding brought against an individual who 22 USC 2544. 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 Regulation*,

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 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 able 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.".

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 actione against insurers of members of diplomatic missions and

their families.".

conforming amendments to title 28

Sec. 8. (a)(1) Section 1351 of title 28, United States Code, is amended to read as follows :



151

Ittris?icdoa.

22 USC 254a note.

u? 1351. Consuls, vice consuls, and members ?f a diplomatic . miw??< as defendant

"The district courts shaU have original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against?

a(l) consuls or vice consuls of foreign states ; or

"(2) members of a mission or members or their families (as such terms are defined in section 2 of the Diplomatic Eclations

Act} (2) Tne chapter analysis of chapter 85 of such title 28 is amended

by amending the item relating to section 1351 to read as follows :

"1351. Constila, iim consuls, and members of a diplomatic mission as defendant".

(b) (1) Section 1251(a) of such title 28 is amended to read as follows:

"(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

Sec. 9. This Act shall take effect at the end of the ninety-day period 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) andNo. 95-1108 (Comm.

on the Judiciary). CONGRESSIONAL RECORD:

Vol. ?23 (1977): July 27, considered and paaeed 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: Oct. 2, Presidential statement

DEPARTMENT OF STATE [22 CFR PART 151]

[Docket No. SD-140]

COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL

Notici) of Proposed Rulemaking

AGENCY: Department of State. ACTION: Proposed rule. SUMMARY: The Department of State proposes to add new regulations to 22 CFR as Subchapter P?Diplomatic Privileges and Immunities. These reg ulations specify the insurance required of all diplomatic missions, members of missions and their families, and offi^ ci als of the United Nations entitled to diplomatic immunity, including the limits of liability, and describe the evi dence of insurance necessary before

the Department of State endorses ap plications for diplomatic automobile li cense plates or exemptions from regis tration fees.

DATES: Written comments must be received by February 2, 1979. In addi tion, interested persons may offer comments orally at a public meeting to be held at 10 a.m., February 5, 1979, ?t Room 1912, Department of State, 2201 C Street NW., Washington, D.C. 20520. Written notification of intent to offer oral comments at this public meeting must be received by February 2, 1979.

ADDRESS: Written comments and written intention to attend the meet

ing and offer oral comments should be sent to David P. Stewart, Special As sistant, Office of the Legal Adviser, Room 6423. 2201 C Street NW., Wash ington, D.C. 20520.



152

FOR F?RTHER INFORMATION CONTACT:

David P. Stewart, Department of State, Washington, D.O.? telephone 202-632-2149.

SUPPLEMENTARY INFORMATION: The Diplomatic Relations Act, Pub. L. 95-393. September 30, 1978 (22 U.S.C. 254a et seq., 28 UJ5.C. 1364 will become effective December 29, 1978. As o? that date, previous statutes on diplomatic Immunity dating from the eighteenth century will be repealed and the privileges and immunities pro visions of the 1961 Vienna Convention on Diplomatic Relations (23 UST 3227, 500 UNTS 95), will be established as the United States law on diplomatic immunity. Section 6 of the Act requires diplo

matic missions, members of missions, their families, and senior officials of the United Nations who are entitled to diplomatic immunity to have and maintain liability insurance against risks arising from their operation of

motor vehicles, vessels, or aircraft. The President is directed to establish the requirements for this liability in surance by regulation. Executive Order 12101 (43 FR 54195) delegates to the Secretary of State the authori ty to prescribe these regulations.

In consideration of the foregoing, it is proposed to amend Chapter I of 22

CFR, by adding a new Subchapter P. to read as follows:

SUtCHAPTER ?DIPLOMATIC PRIVILEGES ANO IMMUNITIES

FART 151?COMPULSORY LIABILITY INSUR ANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL

Sec. 151.1 Purpose. 151.2 Definitions. 151.3 Types of insurance coverage re

quired. 151.4 Minimum limits for motor vehicle in

surance. 151.5 Recommended limits for motor vehi

cle insurance. 151.6 Authorized insurer. 151.7 Policy terms consistent with the Act. 151.8 Evidence of insurance for motor vehi

cles. 151.9 Evidence of insurance required for

diplomatic license plates and waiver of fees.

151.10 Minimum limits of insurance for aircraft and/or vessels.

151.11 Notification of ownership, mainte nance, or use of vessel and/or aircraft; evidence of insurance.

Authority: Sec. 4, 63 Stat. Ill (22 U.S.C. 2658): Sec. 6 Pub. L. 95-393 (92 Stat. 809. 22 U.S.C. 254c); E.0.12101 (43 FR 54195).

? 151.1 Purpose.

This part establishes regulations re quired under section 6 of the Diplo matic Relations Act (Pub. L. 95-393; 22 U.S.C. 254c). These regulations require all missions, members of missions and their families, and those officials of the United Nations who are entitled to

diplomatic immunity to have and maintain liability insurance against the risks of bodily injury, including death, and property damage, including loss of use, arising from the owner ship, maintenance, or use in the United States of any motor vehicle, vessel, or aircraft.

?151.2 Definitions. (a) "Act" means the Diplomatic Re

lations Act, Pub. L. 95-393 (22 U.S.C. 254a et seq., 28 U.S.C. 1364).

(b) "Persons subject to the Act" means the members of missions who are entitled to diplomatic immunity and their families as defined in section 2 of the Act, and senior United Na tions officials.

(c) "Missions" means missions as de fined in Section 2 of the Act.

(d> "Senior United Nations official" means a United Nations official enti tled to diplomatic immunity as pro vided in ?19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946 (21 UST 1418; I UNTS 16).

(e) "Insurance" means insurance as

required by the Act and these regula tions.

?151.3 Types of insurance coverage re

quired.

(a) Every person subject to the Act and every mission shall have and maintain with respect to any motor ve hicle, vessel or aircraft owned by, leased to, or furnished for the regular use of every such person or mission li ability insurance in accordance with the form, terms, and conditions pro vided for in these regulations.

(b) The insurance shall provide cov

erage against the following risks to third parties arising from the owner ship, maintenance, or use in the United States of any motor vehicle, vessel, or aircraft:

(1) Bodily injury, including death; (2) Property damage, including loss

of use; and (3) Any additional coverage required

to be included in liability insurance policies by the jurisdiction where the motor vehicle, vessel or aircraft is principally garaged, berthed, or kept, such as uninsured motorist coverage or first party no-fault coverage.

? 151.4 Minimum limits for motor vehicle insurance.

The insurance shall provide not less than the minimum limits of liability specified in the financial responsibili ty, compulsory insurance or other law of the jurisdiction where the motor ve hicle is principally garaged.

? 151.5 Recommended limits for motor ve

hicle insurance.

Every person subject to the Act and every mission should have and main tain insurance adequate to afford rea sonable compensation to accident vie

tims. Minimum limits of liability of $100,000 per person and $300,000 per incident for bodily injury, including death, and $50,000 per incident for property damage, including loss of use, are recommended to meet this objec tive.

? 151.6 Authorized insurer.

The insurance must be issued by an insurer licensed to do business in the jurisdiction where the motor vehicle, vessel or aircraft is principally ga raged, berthed or kept.

?151.7 Policy terms consistent with the Act

The insurance shall be construed in conformity with the Act. In particular, no effect shall be given to any policy terms which are inconsistent or in con flict with those provisions of the Act stating that any suit against the insur er under the policy shall not be sub ject to any of the following defenses:

(a) That the insured is immune from suit;

(b) That the insured is an indispens able party; or

(c) In the absence of fraud or collu sion, that the insured has violated a term of the contract, unless the con tract was canceled before the claim arose.

? 151.8 Evidence of insurance for motor vehicles.

(a) Every mission must periodically furnish evidence satisfactory to the Department of State that the required insurance is in effect for the mission,, its members and their families. Every senior United Nations official

must also periodically furnish evi dence satisfactory to the Department of State that the required insurance is in effect.

(b> The Department of State will accept as satisfactory evidence that the required insurance is in effect:

(DA written statement of self-certi fication signed by the Chief of Mis sion, indicating that the mission, its members and their families have and will maintain insurance throughout the period of registration of all vehi cles owned or leased or otherwise regu larly used, and showing the name of the insurance company or companies and identifying each policy by number and name of insured; and

(2) A written statement of self-certi fication signed by a senior United Na tions official, indicating that the offi cial has and will maintain insurance throughout the period of registration on all motor vehicles owned or leased or otherwise regularly used, and show ing the name of the insurance compa ny or companies and identifying each by number and name of insured.



153

Ce) A certificatili under paragraph (b) of this section by a Chief of a Mis sion to the United Nations or by a senior United Nations official shall be delivered to the Counselor for host country affairs of the United States

Mission to the United Nations. All other certifications shall be delivered to the Chief of Protocol. Department of State.

?151.9 Evidence of insurance required for

diplomatic license plates and waiver of fees.

The Department of State will not endorse on behalf of any person sub

ject to the Act or any mission any ap plication for diplomatic motor vehicle license plates or any application for

waiver of motor vehicle registration fees without prior receipt of satisfac tory evidence that the required insur ance is in effect.

? 151.10 Minimum limits of insurance for aircraft and/or vessels.

Insurance in respect of vessels and/ or aircraft shall provide limits of lia bility adequate in light of reasonably foreseeable risks from the ownership,

maintenance, or other regular use of

vessels and/or aircraft.

?151.11 Notification of ownership, main

tenance or use of vessel and/or air

craft; evidence of insurance.

(a) Each person subject to the Act and each mission must notify the D?s partment of State in writing of the ownership, maintenance or other regu

lar use of a vessel or aircraft in the United States by such mission or person.

(b) Notices under paragraph (a) of this section shall identify the vessel and/or aircraft with specificity, in cluding model and manufacturer's

name, and serial and registration num

bers. Each notification shall be accom

panied by a copy of the insurance policy or policies issued in respect of the vessel and/or aircraft. Such policy or policies need not be issued by the insurer providing liability insurance for motor vehicles.

(c) With regard to senior United Na tions officials, missions to the United Nations and members of such missions as have diplomatic status and their families, notices and evidence of insur ance under this section shall be deliv ered to the Counselor for Host Coun try Affairs of the United States Mis sion to the United Nations. All other notices under this section shall be de

livered to the Chief of Protocol, De

partment of State.

Edith J. Dorelle,

Chief of Protocol Department of State.

November 23,1978. ?PR Doc. 78-34171 Piled 12-5-78; 8:45 ami



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