In general
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, 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.
Consular immunity
In general
The Secretary of State, with the concurrence of the Attorney General, may, on the basis of reciprocity and under such terms and conditions as the Secretary may determine, specify privileges and immunities for a consular post, the members of a consular post, and their families which result in more favorable or less favorable treatment than is provided in the Vienna Convention on Consular Relations, of (T.I.A.S. 6820), entered into force for the United States on .
Consultation
Before exercising the authority under paragraph (1), the Secretary of State shall consult with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate regarding the circumstances that may warrant the need for privileges and immunities providing more favorable or less favorable treatment than is provided in the Vienna Convention.
Pub. L. 95–393, § 492 Stat. 809Pub. L. 97–241, title II, § 203(b)(3)96 Stat. 291Pub. L. 114–323, title V, § 501130 Stat. 1935Pub. L. 115–94, § 2(e)131 Stat. 2038(, , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 115–942017—Subsec. (b)(2). substituted “and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations” for “of the House of Representatives and the Committee on Foreign Relations”.
Pub. L. 114–3232016— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 97–2411982— substituted “immunities for the mission, the members” for “immunities for members” and “diplomatic couriers which” for “diplomatic couriers of any sending state which”.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Pub. L. 97–241section 204 of Pub. L. 97–241section 4301 of this titleAmendment by effective , see , set out as an Effective Date note under .
Effective Date
section 9 of Pub. L. 95–393section 254a of this titleSection effective at end of ninety-day period beginning on , see , set out as a note under .
Executive Documents
Ex. Ord. No. 12101. Delegation of Functions to Secretary of State Respecting Privileges and Immunities for Diplomatic Missions and Personnel
Ex. Ord. No. 12101, , 43 F.R. 54195, as amended by Ex. Ord. No. 12608, , 52 F.R. 34617, provided:
Public Law 95–39392 Stat. 80822 U.S.C. 254aSection 301 of Title 392 Stat. 80922 U.S.C. 254cBy the authority vested in me as President of the United States of America by the Diplomatic Relations Act (, ; et seq.) and of the United States Code, in order to implement the liability insurance and other requirements relating to diplomatic personnel, I hereby designate and empower the Secretary of State to perform, without the approval, ratification, or other action of the President, the functions vested or to be vested in the President by Section 4 of Diplomatic Relations Act (; ).