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"(2) in any judicial district in which the vessel or cargo of a reign state is situated, if the claim is asserted under section 605(b) of this title;

"(3) in any judicial district in which the agency or instrumenality is licensed to do business or is doing business, if the acon is brought against an agency or instrumentality of a forign state as defined in section 1603(b) of this title; or

"(4) in the United States District Court for the District of Coumbia if the action is brought against a foreign state or politi

al subdivision thereof.”. *C. 6. That section 1441 of title 28, United States Code, is nded by adding at the end thereof the following new subion: u) Any civil action brought in a State court against a foreign ve as defined in section 1603(a) of this title may be removed by foreign state to the district court of the United States for the ict and division embracing the place where such action is ling. Upon removal the action shall be tried by the court withjury. Where removal is based upon this subsection, the time itations of section 1446(b) of this chapter may be enlarged at v time for cause shown.". SEC. 7. If any provision of this Act or the application thereof to v foreign state is held invalid, the invalidity does not affect other ovisions or applications of the Act which can be given effect withit the invalid provision or application, and to this end the provions of this act are severable. SEC. 8. This Act shall take effect ninety days after the date of senactment.

g. Diplomatic Relations Act Public Law 96-393 (H.R. 7819), 92 Stat. 808, approved September 30, 1978;

as amended by Public Law 97-241 (Department of State Authorization Act, Fiscal Years 1982 and 1983; S. 1193), 96 Stat. 273 at 290, approved Au. gust 24, 1982; and by Public Law 98-164 (Department of State Authoriza. tion Act, Fiscal Years 1984 and 1985; H.R. 2916), 97 Stat. 1017 at 1042, approved November 22, 1983

AN ACT To complement the Vienna Convention on Diplomatic Relations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE SECTION 1. This Act may be cited as the “Diplomatic Relations Act”.

DEFINITIONS

SEC. 2.1 As used in this Act,
(1) the term “members of a mission” means-

(A)2 the head of a mission and those members of a mission who are members of the diplomatic staff or who, pursuant to law, are granted equivalent privileges and immunities,

(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

122 U.S.C. 254a.

2 Sec. 203(bX1) of Public Law 97–241 (96 Stat. 290) amended and restated subpar. (A). It for merly read as follows: "(A)" the head of a mission and members of the diplomatic staff of a mission,".

(4) the term “Vienna Convention" means the Vienna Convention 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

LAW ON DIPLOMATIC PRIVILEGES AND IMMUNITIES SEC. 3. (a) * * *

(b) 3 With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers shall enjoy the privileges and immunities specified in the Vienna Convention.

AUTHORITY TO EXTEND MORE FAVORABLE OR LESS FAVORABLE

TREATMENT SEC. 4.4 The President may, on the basis of reciprocity and under such terms and conditions as he may determine, specify privileges and immunities for the mission,5 the members of the mission, their families, and the diplomatic couriers 6 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. 5.7 Any action or proceeding brought against an individual who 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 privileges and immunities, shall be dismissed. Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of procedure.

REQUIREMENT FOR LIABILITY INSURANCE SEC. 6.8 (a) 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, shall comply with any requirement imposed by the regulations promulgated by the Director of the Office of Foreign Missions in the Department of State 9 pursuant to subsection (b).

322 U.S.C. 254b. Sec. 203(bX2) of Public Law 97-241 (96 Stat. 291) amended and restated subsec. (b). It formerly read as follows: "(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."

4 22 U.S.C. 254c. Executive Order 12101 (43 F.R. 54195; November 17, 1978) designated the Secretary of State to perform the functions specified in sec. 4. 6 Reference to the mission was added by sec. 203(bX3XA) of Public Law 97–241 (96 Stat. 291).

The words "of any sending state", which previously appeared at this point, were struck out by sec. 203(bX3XB) of Public Law 97–241 (96 Stat. 291).

722 U.S.C. 254d. 822 U.S.C. 254c.

Sec. 602(1) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98–164; 97 Stat. 1042) substituted the reference to the Director of the Office of Foreign Missions in lieu of a reference to the President. Previously, Executive Order 12101 (43 F.R. 54195; November 17, 1978) had designated the Secretary of State to perform the functions speci. fied in sec. 6.

(b) The Director of the Office of Foreign Missions shall, by regulation, establish liability insurance requirements which can reasonably be expected to afford adequate compensation to victims and which are 10 to be met by 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, relating to risks arising from the operation in the United States of any motor vehicle, vessel, or aircraft.

(c) The Director of the Office of Foreign Missions 11 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 diplo

matic missions and their families "(a) The district courts shall have original and exclusive jurisdiction, 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 within the meaning of section 2(3) of the Diplomatic Relations Act (22 U.S.C. 254a(3)) 12 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) Ăny 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 indispensable 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.”

(b) * * *

EFFECTIVE DATE SEC. 9. This Act shall take effect at the end of the ninety-day period beginning on the date of its enactment.

10 The words to this point in subsec. (b) were substituted in lieu of the words The President shall by regulation, establish liability insurance requirements” by sec. 602(2) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1042).

11 Sec. 602(3) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Pub lic Law 98–164; 97 Stat. 1042), substituted the reference to the Director of the Office of Foreign Missions in lieu of a reference to the President

12 Sec. 203(bX4) of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97-241; 96 Stat. 291) amended the parenthetical phrase. It previously read as follows: "(as defined in the Vienna Convention on Diplomatic Relations)".

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