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The draft bill does not contain specific authorization to accord to members of the administrative and technical staff exemption from customs duties and internal revenue taxes imposed upon or by reason of importation because statutory authority now exists to accord such exemptions on the basis of reciprocity (Tariff Schedules of the United States, 19 U.S.C. foll. 1202, schedule 8, pt. 2, headnote 1, subpt. C, headnote 4, and item 822.30) In the case of many countries, section 4(a) (2) of the draft bill, if enacted, and the pertinent portions of the
Tariff Schedules would merely authorize the continuance of long-existing arrange: ments where by custom or agreement subordinate personnel at American diplo
matic missions are accorded more favorable treatment than is required by the Vienna Convention.
Paragraph (b) of section 4 reaffirms the primacy of the executive branch's determination with respect to entitlement of a particular foreign diplomatic officer or employee to immunity from civil or criminal jurisdiction; the making of such a determination would presumably be delegated to the Department of State pursuant to section 6, and the certificate of the Secretary of State or his designee would be transmitted by the Attorney General to the appropriate court.
Paragraph (c) of section 4 adopts the notice feature of title 22, United States Code, section 254, with these changes : the names of all persons entitled to immunity pursuant to the Vienna Convention or the draft bill will be made of public record, instead of just those persons presently listed in the so-called "white list”; the names of entitled persons will be published in the Federal Register rather than posted in the office of the Marshal for the District of Columbia ; and the variable treatment of foreign diplomatic missions and their personnel authorized in section 4(a) will be made a matter of public record for the application of applicable laws and regulations, and for immunity purposes.
SECTION 5. JUDICIAL MATTERS
Paragraph (a) provides that any writ or process sued out or prosecuted against a person or the property of any person entitled to immunity from such process shall be deemed void. Paragraph (b) provides that any person who knowingly obtains, sues out, prosecutes, or assists in the execution of such writ or process may be fined or imprisoned, or both. Similar provisions are contained in title 22, United States Code, sections 252–254.
SECTION 6. EXERCISE OF FUNCTIONS
This is a standard delegation of authority provision.
SECTION 7. EFFECTIVE DATE AND REPEALS
Paragraph (a) provides that the “Diplomatic Relations Act of 1965” will be effective upon entry into force of the Vienna Convention on Diplomatic Relations with respect to the United States. Paragraph (b) provides for the repeal of sections 4063, 4064, 4065, and 4066 of the Revised Statutes (22 U.S.C. 252–254), upon the effective date of the above-mentioned act. Paragraph (c) is a clause regarding legal acts done or rights accrued, or proceedings commenced in any civil cause before the repeal of the several statutes referred to in paragraph (b) above.