(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 which result in more favorable treatment or less favorable treatment than is provided under the Vienna Convention.

6

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(b)(2) 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."

422 U.Š.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.

5 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 specified 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 io 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 diplomatic 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) 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 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."

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 (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.

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)".

h. Diplomatic Reciprocity

(1) Equivalency of Representation Between U.S. and Hostile

Powers

Partial Text of Public Law 98-618 [Intelligence Authorization Act for Fiscal Year 1985, H.R. 5399], 98 Stat. 3298, approved November 8, 1984

AN ACT To authorize appropriations for fiscal year 1985 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence Authorization Act for Fiscal Year 1985".

TITLE VI-COUNTERINTELLIGENCE AND OFFICIAL

REPRESENTATION

POLICY TOWARD CERTAIN AGENTS OF FOREIGN GOVERNMENTS

SEC. 601.1 (a) It is the sense of the Congress that the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national security of the United States should not exceed the respective numbers, status, privileges and immunities, travel accommodations, and facilities within such country of official representatives of the United States to such country.

(b) Beginning one year after the date of enactment of this section, and at intervals of one year thereafter, the President shall prepare and transmit to the Committee on Foreign Relations and Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and Permanent Select Committee on Intelligence of the House of Representatives a report on the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national security of the United States and the respective numbers, status, privileges and immunities, travel, accommodations, and facilities. within such country of official representatives of the United States to such country, and action which may have been taken with respect thereto.

122 U.S.C. 254c-1.

(2) Soviet Employees on U.S. Diplomatic Premises

Partial Text of Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved August 16, 1985

AN ACT To authorize appropriations for fiscal years 1986 and 1987 for the Department of State, the United States Information Agency, the Board for International Broadcasting, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

*

SEC. 136.1 SOVIET EMPLOYEES AT UNITED STATES DIPLOMATIC AND CONSULAR MISSIONS IN THE SOVIET UNION.

(a) LIMITATION.-To the maximum extent practicable, citizens of the Soviet Union shall not be employed as foreign national employees at United States diplomatic or consular missions in the Soviet Union after September 30, 1986.

(b) 2 REPORT.-Should the President determine that the implementation of subsection (a) poses undue practical or administrative difficulties, he is requested to submit a report to the Congress describing the number and type of Soviet foreign national employees he wishes to retain at or in proximity to United States diplomatic and consular posts in the Soviet Union, the anticipated duration of their continued employment, the reasons for their continued employment, and the risks associated with the retention of these employees.

122 U.S.C. 3943 note.

2 The President issued Determination No. 92-4 (October 24, 1991; 56 F.R. 56567), wherein he stated:

**** I hereby determine that implementation of section 136(a) of the [Foreign Relations Authorization] Act [, Fiscal Years 1986 and 1987], poses undue practical and administrative difficulties. Consistent with this determination, you [Secretary of State] are authorized to employ Soviet nationals in nonsensitive areas of the New Embassy Compound in Moscow under strict monitoring by cleared Americans. Further, I delegate to you the responsibility vested in me by section 136(b) of the Act, to report to the Congress on circumstances relevant to this determination. Such responsibility may be redelegated within the Department of State.".