Each adult Axis or associated official in the United States at the outbreak of the war was allowed to take with him a sum in cash not to exceed $300. After the cessation of hostilities their property in the United States was returned to them, with certain exceptions. For example, vested securities held as investments by former German and Japanese diplomats were not returned.

Axis officials arriving in the United States from Latin America were permitted to take with them whatever additional personal effects and money they had been permitted to bring out of the country to which they had been accredited.

Senator CLARK. We will do our best to process this convention promptly. Thank you very much. The hearing will be adjourned. (Whereupon, at 12:55 p.m., the subcommittee adjourned.)

APPENDIX

Hon. HUBERT H. HUMPHREY,
President of the Senate.

THE SECRETARY OF STATE,
Washington, July 9, 1965.

DEAR MR. VICE PRESIDENT: The Department of State encloses a draft bill entitled "Diplomatic Relations Act of 1965." The draft bill has been prepared to complement the Vienna Convention on Diplomatic Relations, signed April 18, 1961, which is now pending in the Senate for advice and consent to ratification (S. Ex. H. 88th Cong.), and which is presently in force between forty (40) countries. A sectional analysis of the draft bill and a copy of the convention are also enclosed.

The Vienna Convention on Diplomatic Relations was prepared under United Nations auspices and is a codification of the rights, privileges and immunities of all members of permanent diplomatic missions and of their families and private servants, and of the rights and obligations of the state on whose territory they perform their functions. For the most part, the convention is a restatement of principles so universally observed by governments in their practice that they had come to constitute international law. In areas where practice was not uniform, or where it appeared that existing practice should be changed, the convention establishes new rules. For example, the convention provides that members of the administrative and technical staff of the mission and their families who are not nationals or residents of the receiving state will have complete immunity from criminal jurisdiction, that said members will have immunity from civil jurisdiction only with respect to official acts, and that diplomatic agents and their families will no longer enjoy immunity from civil jurisdiction with respect to certain private matters. In the Department's opinion, these new rules are desirable in the light of present conditions.

The present statutory basis for diplomatic immunity in the United States is contained in sections 4063-4066 of the Revised Statutes (22 U.S.C. 252-254), which are derived from an Act of Congress approved April 30, 1790 (1 Stat. 117). Section 252, which provides that any writ or process whereby the person of any ambassador or public minister, or any domestic or domestic servant of any such minister, is arrested or imprisoned, or his goods or chattels are distrained, seized, or attached, shall be deemed void, has been held to be declaratory of the law of nations. Sections 253 and 254 provide penalties for acts in violation of section 252, with certain exceptions relating to citizens and inhabitants of the United States, and domestic servants.

Sections 4063-4066 of the Revised Statutes have been interpreted as according complete immunity from both criminal and civil jurisdiction to diplomatic agents and their families and to members of the administrative and technical staff, and as not according any immunity to the families of the latter category of mission members. For this reason the draft bill provides for the repeal of these sections, and the substitution therefor of provisions of law which can be applied in a manner consistent with the convention.

The Vienna Convention conforms substantially to the views of the Department of State as to the standard of treatment which a receiving state is or should be required by international law and practice, as a minimum, to accord to diplomatic missions and the personnel thereof. The convention is self-implementing with respect to diplomatic missions and the personnel thereof of states parties to the convention. Legislation is necessary, however, in order to permit the United States to accord this standard of treatment to missions and personnel of states not party to the convention. In order to assure that American diplomatic personnel in the territory of a state not party to the convention will enjoy comparable privileges and immunities, the draft bill accordingly grants the President discretion to determine which categories of such state's personnel in the United States will be entitled to specific privileges and immunities.

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In two particulars, the proposed legislation will assist the Department of State in adequately meeting the needs of American diplomatic missions and their personnel. In the Department's opinion, all members of a diplomatic mission, regardless of nationality or residence, should have immunity from jurisdiction with respect to official acts, and all members of the administrative and technical staff, other than nationals or permanent residents of the receiving state, should enjoy customs privileges throughout their sojourn. The draft bill therefore authorizes the President to accord, under such terms and conditions as he may determine, to the personnel of certain diplomatic missions exemption from certain Federal taxes and greater immunity from jurisdiction than is required by the convention. In the administration of this provision, consideration will be given to reciprocity or other appropriate quid pro quo.

The Vienna Convention on Diplomatic Relations deals only with permanent diplomatic missions and the personnel thereof, and has no application to foreign heads of state and heads of government and foreign ministers. Such privileges and immunities as have been accorded these three classes of high officials on an ad hoc basis rest generally on the law of nations and custom and comity and, when applicable, on the doctrine of sovereign immunity. While no serious questions have thus far arisen with respect to the status of these persons, the Department of State is of the opinion that the matter should be clarified by statute. There can be no doubt that heads of state and heads of government are entitled to no less consideration than an ambassador or minister who is the personal representative of the head of state, and who receives his instructions from his head of government and his foreign minister. Accordingly, the draft bill provides that for the purpose of the bill the phrase "foreign diplomatic mission and the personnel thereof" includes foreign heads of state and heads of government, and, when they are on an official visit to the United States, foreign ministers, and members of the official parties accompanying such persons.

In summary therefore, the draft bill has several purposes: (1) to provide statutory authority for according the privileges and immunities specified in the Vienna Convention on Diplomatic Relations to diplomatic missions and the personnel thereof of states not parties to the Vienna Convention; (2) to authorize according more favorable treatment to foreign diplomatic missions in the United States and their personnel, depending, inter alia, on reciprocal treatment of U.S. diplomatic missions and their personnel in the territory of the sending state concerned; (3) to clarify the status in the United States of foreign heads of state and heads of government and special envoys, and to specify the privileges and immunities to which they and members of their official parties shall be entitled during their sojourn; and (4) to repeal Revised Statutes 4063-4066, sections 252-254 of title 22 of the United States Code.

The Department of State has been informed by the Bureau of the Budget that there is no objection from the standpoint of the administration's program to the submission of this proposal to the Congress for its consideration.

A letter similar in content is being sent to the Speaker of the House of Representatives.

Sincerely yours,

Enclosures:

1. Draft bill.

2. Sectional analysis.

3. Vienna Convention on Diplomatic Relations (omitted).

DEAN RUSK.

A BILL 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, That this Act may be cited as the “Diplomatic Relations Act of 1965."

STATEMENT OF PURPOSE

SEC. 2. The purpose of this Act is to promote the conduct of the foreign relations of the United States by specifying the privileges and immunities to which foreign diplomatic missions and the personnel thereof are entitled and by authorizing the President to regulate, consistent with treaties and other international agreements of the United States, customary international law and practice, and this Act, the granting of such privileges and immunities.

DEFINITIONS

SEC. 3. As used in this Act, the phrase "foreign diplomatic mission and the personnel thereof" includes:

(a) any permanent or special diplomatic mission of a sending state accredited to the United States, including special envoys, and the members of the staff of the mission, the members of the families of such members of the staff, the private servants of the members of the mission, and diplomatic couriers.

(b) the head of a foreign state or the head of the government of a foreign state, and when they are on an official visit to or in transit through the United States the foreign minister of a foreign government, and those members of the official party accompanying such officials.

AUTHORITY OF THE PRESIDENT

SEC. 4. (a) The President is authorized, under such terms and conditions as he may from time to time determine:

(1) to apply the treatment prescribed by the Vienna Convention on Diplomatic Relations, or any part or parts thereof, to foreign diplomatic missions and the personnel thereof of states not parties to the Convention; (2) to extend more favorable treatment than is provided in the Vienna Convention on Diplomatic Relations to foreign diplomatic missions and the personnel thereof with respect to

(A) exemption from Federal taxes; and

(B) immunity from civil and criminal jurisdiction of the United States or of any state, territory, or possession thereof for those persons defined in the Vienna Convention on Diplomatic Relations as the members of the administrative and technical staff and the service staff of the mission;

(b) The determination of the President as to the entitlement of a foreign diplomatic mission and the personnel thereof to diplomatic privileges and immunities under the Vienna Convention on Diplomatic Relations or under this Act shall be conclusive and binding on all Federal, State, and local authorities. (c) The President shall from time to time publish in the Federal Register of the United States a list of the permanent foreign diplomatic missions and the personnel thereof entitled to diplomatic privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations or this Act.

JUDICIAL MATTERS

SEC. 5. (a) Whenever any writ or process is sued out or prosecuted in any court, quasi-judicial body, or administrative tribunal of the United States, or of any state, territory, or possession thereof, against a person or the property of any person entitled to immunity from such suit or process under the Vienna Convention on Diplomatic Relations or pursuant to this Act, such writ or process shall be deemed void.

(b) Whoever knowingly obtains, prosecutes, or assists in the execution of such writ or process shall be fined not more than $5,000 or imprisoned not more than one year, or both: Provided, That this paragraph shall not apply unless the name of the person against whom the writ or process is issued has, before the issuance of such writ or process, been published in the Federal Register.

EXERCISE OF FUNCTIONS

SEC. 6. The President may exercise any functions conferred upon him by this Act through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates.

EFFECTIVE DATE AND REPEALS

SEC. 7. (a) This Act shall be effective upon the entry into force of the Vienna Convention on Diplomatic Relations with respect to the United States.

(b) Sections 4063, 4064, 4065, and 4066 of the Revised Statutes (22 U.S.C. 252254) are repealed upon the effective date of this Act.

(c) The repeal of the several statutes or parts of statutes accomplished by this Act shall not affect any act done or right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before such repeal, but all rights and liabilities under the statutes or parts thereof so repealed shall continue, and may be enforced in the same manner as if such repeal had not been made, subject only to the applicable immunities heretofore flowing from customary international law and practice.

SECTIONAL ANALYSIS

SECTION 1. TITLE

This may be cited as the "Diplomatic Relations Act of 1965."

SECTION 2. STATEMENT OF PURPOSE

This states the purpose of the bill, which is to promote the conduct of the foreign relations of the United States by specifying the privileges and immunities to which foreign diplomatic missions and the personnel thereof may be accorded, and by authorizing the President to regulate, consistent with treaties and other international agreements, customary international law and practice, and this proposed legislation, the granting of such privileges and immunities.

SECTION 3. DEFINITIONS

This defines the phrase "foreign diplomatic mission and the personnel thereof" as including not only members of permanent diplomatic missions, their families, and their private servants, but also heads of foreign states and heads of foreign governments, whether in the United States for official or personal reasons, foreign ministers when on an official visit to or in transit through the United States, and persons on special diplomatic mission to the United States, together with the members of the official parties accompanying all such persons. The definition also includes diplomatic couriers. This broad definition is desirable for several reasons. The Vienna Convention on Diplomatic Relations has reference only to permanent diplomatic missions, and, in limited respects, to diplomatic couriers. The repeal of sections 4063-4066 of the Revised Statutes (22 U.S.C. 252-254) will remove from the books the present statutory basis for according diplomatic immunity to persons on special diplomatic mission. The privileges and immunities which are everywhere accorded to visiting heads of state and heads of government should have some basis in the statutory law of the United States.

SECTION 4. AUTHORITY OF THE PRESIDENT

Paragraph (a) of this section authorizes the President, under such terms and conditions as he may from time to time determine:

(1) To apply the treatment prescribed by the Vienna Convention on Diplomatic Relations, or any part or parts thereof, to foreign diplomatic missions and the personnel thereof of States not parties to the convention. The articles of the Vienna Convention which are particularly relevant to this provision are those which define the categories of mission personnel and specify the privileges and immunities to be enjoyed by persons in each category. These are articles 1, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, and 47.

(2) To extend more favorable treatment than is required by the Vienna Convention on Diplomatic Relations to foreign diplomatic missions and the personnel thereof with respect to (a) exemption from Federal taxes; and (b) immunity from criminal and civil jurisdiction for members of the administrative and technical staff and the service staff of the mission. The taxes to which section 4 applies will be those imposed by or pursuant to acts of Congress. This provision will enable the United States to continue to accord, in return for an appropriate quid pro quo by the sending State, (1) the exemption from Federal taxes presently enjoyed by duly accredited diplomatic officers and members of the administrative and technical staff who are nationals of the appointing State, (2) complete immunity from criminal jurisdiction to members of the service staff who are not nationals or residents of the United States, and (3) immunity from civil and criminal jurisdiction in respect of official acts to members of the administrative and technical staff who are nationals or residents of the United States.