SECOND HEARING ON DIPLOMATIC IMMUNITY, H.R. 3036

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000100090008-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 27, 2016
• Document Release Date: July 2, 2013
• Sequence Number: 8
• Publication Date: April 14, 1988
• Content Type: MEMO

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14 April 1988
OCA 88-1179
MEMORANDUM FOR THE RECORD
SUBJECT: Second Hearing on Diplomatic Immunity, H.R. 3036
1. On 13 April 1988, the Subcommittee on International
Operations, House Committee on Foreign Affairs, held a second
hearing on a bill to limit diplomatic immunity in certain
instances (H.R. 3036). Members attending were Representatives
Mica, Snowe and Smith. Copies of the available prepared
testimony are attached.
2. Representative Solarz, the sponsor of the bill, testified
first. He said the bill was designed to "square the circle"
protecting rights of U.S. diplomats abroad and citizens in the
U.S. against the wrongs of foreign diplomats. The consensus is
that more legislation is needed here. Between 1982 and 1988,
foreign diplomats in the U.S. committed 147 crimes. Forty-four
were committed in New York City. These include rape, murder and
assault.
3. Solarz refuted several arguments made by the Department
of State against various provisions in the bill. With respect to
the need to leave the names of diplomats out of reports on
crimes, these crimes have generally been given much publicity in
the press anyway. There is no reason to protect a rapist or
murderer from public exposure.
4. Regarding the section 3(c) objection prohibiting
interference with prosecution, Solarz said he can craft language
to allow State to communicate information to law enforcement
officials while precluding interference.
5. Concerning State's argument about the reentry provision,
there is no guarantee now that a PNG'd person cannot return in
the future. State cannot keep track of non-immigrant visas once
issued. Better coordination is needed, as is required by the
study.
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6. Section 8 pertains to victim compensation and Solarz
stated that he has learned that 99 percent of all auto claims
fall within the required insurance amount. He agreed that
additional insurance would be unduly burdensome. He expressed
the same views with respect to section 9, which concerns
catastrophic insurance.
7. Section 10 mandates a review of the treatment of pouches
with a view towards ways to prevent the use of items fostering
terrorism. Solarz assumes the U.S. does not use the pouch to
ship explosives, weapons and the like, so that the U.S. need not
fear embarrassment from disclosure. He does believe other
countries use the pouch to transport such items. It may be that
the study will show no way to improve this situation, but Solarz
finds this hard to believe. The second part of the section does
not require the President to impose procedures unilaterally, but
to seek changes in the Vienna Convention consistent with what is
learned from the review. State's argument that the U.S. uses the
pouch more than anyone, so it should ignore the problem, is no
ood.
8. Snowe suggested using the word "impede" to replace
"interfere" with regards to the interference with prosecution
issue. Solarz said this is similar to what he has in mind.
9. Gillian Sorensen, New York City Commissioner for the
United Nations and Consular Corps, testified next. She was
accompanied by Barry Koch, legal counsel. She said that to her
knowledge no murder has been committed by a diplomat within the
last 15 years. It may be that manslaughter has been committed.
Of the 44 crimes committed in New York, a good many were domestic
incidents and several others were misdemeanors. Only a handful
of diplomats have taken advantage of the system, but the bill
provides an opportunity to remedy the problems with that handful.
10. With respect to the accuracy of the State reports, she
said that there are numerous occasions when the initial report is
wrong and is corrected, but the press story containing the
inaccurate information persists. She also said that the pouch
should not be used to transport weapons or contraband and
suggested that the section 10 review continue.
11. Snowe asked what the Commission's relationship with
State is in these matters. Sorensen said there is discussion
between the two. The Commission is a mediator on a person-to-
person basis, but the police and State handle infractions of the
law. Koch said the Commission plays a secondary role to State
regarding who is entitled to immunity and so forth, and that the
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Commission has some role in liaison with the police. The
relationship has generally worked well. Sorensen said that the
one persistent problem is debt collection from certain countries,
although the debts are usually paid within a reasonable time.
12. Snowe asked if efforts to educate law enforcement
officials are successful. Sorensen said they are helpful and
extremely important. The police in the outer areas (boroughs and
counties of New York) are not as aware as those with closer ties.
13. Mica asked if the Commission has ever intervened before
a driving under the influence charge has been filed. Koch
answered no; the police almost always send them home. Sorensen
said that speeding tickets come to her office. To be dismissed,
certain criteria must be met. If there are a large number of
moving violations, the issue is taken up with State. The
Commission has never been told by State not to pursue a matter,
but State may move slowly on a matter because of political
concerns.
14. Steven Stein, chairman of the New York Bar Committee on
International Law testified next, accompanied by David van
Hoogstratten, a member of the same committee. Stein first
pointed out that the broad and unqualified grant of immunity
according to customary international law has been narrowed
greatly by the Vienna Convention. The problem is serious, but
not as large as the press portrays. State's statistics on this
are not accurate, however.
15. Stein went on to say that H.R. 3036
legislative solution to a difficult problem.
potential to be the most significant change.
primary role in compensating victims, but it
job. Stein suggested establishing a Federal
victims in the 13 states having no victim compensation program.
16. Stein also suggested that the language of the bill be
broadened to include diplomats with immunity per bilateral and
multilateral agreements beyond the Vienna Convention, especially
the Soviet Union, China and bloc countries. He, too, is
concerned with the interference with prosecution provision.
is a partial
Section 2 has the
States have the
is really a Federal
fund to take care of
17. Stein is also concerned with the second part of section
10. The Vienna Convention states that the diplomatic pouch
cannot be opened or detained. On balance, national security
interests outweigh any interest in searching pouches.
3
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18. Snowe asked if Stein has any cost estimates on the
Federal victim compensation system. Stein said he will work with
Congress on this. He anticipates there must be some savings if
the 37 programs now operating were condensed into one.
19. Smith asked if a nonintrusive, noninvasive examination
of the pouch is illegal, using for example dog-sniffing for drugs
and explosives. Stein thinks dog-sniffing is sensible and
suitable. Van Hoogstratten pointed out the problem of
reciprocity. Smith asked if it would be useful for State to
publish the names of perpetrators of crimes. Stein said there is
no harm in exposing wrongdoers. Mica noted that the U.S. is
about to build a new Moscow embassy by sending it through the
diplomatic pouch. Everyone has abused the pouch, but the abuse
has suddenly reached a new level.
20. Dennis Martin, President of the American Federation of
Police, then testified, followed by Perry Shankle, President of
the American Foreign Service Association and Susan Donnelly,
President of the Association of American Foreign Service Women.
21. Mica asked Shankle if he understands the subcommittee's
balancing problem vis-a-vis the pouch. Shankle said there is no
problem with the diplomatic pouch for the Foreign Service.
Martin said they know that drugs are coming through the pouches
and cannot do anything about this. Snowe asked if the U.S. can
refuse entry of the pouch. Martin said no.
22. Snowe asked if anything in the legislation is violative
of the Vienna Convention or would invite reciprocity. Shankle
said no, except for the insurance provisions. The interference
with prosecution provision is a bit of a problem, but he
understands it is being dealt with. Donnelly said nothing in the
bill takes away immunity. The problem is that if the U.S. takes
unilateral action, this may prompt other countries to say they
are just protecting their citizens. One cannot believe that
justice will prevail under other countries' legal systems. Some
interpretations of section 6 may allow reciprocity. Snowe asked
Shankle if he would recommend that the U.S. waive immunity when
similar legal systems are involved, such as in Canada and
Europe. Shankle said no and does not think the U.S. has ever
waived immunity.
23. Snowe asked what the U.S. does to ensure that its
citizens obey foreign laws. Shankle said people are sent home if
they have problems with drinking or misbehaving. He does not
know if State has reports on this. He does not think the U.S.
receives regular complaints, for Americans generally comply with
4
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the law. It is not so much the specifics of the language that
pose a problem, but the perception that the U.S. is weakening the
system of immunity that creates the reciprocity problem.
24. Because of the number of witnesses questioned in a short
period of time, Mica indicated there may be more questions
submitted for the record.
Attachments (4)
OCA/LEG
Legislation Division
Office of Congressional Affairs
Distribution:
(14 April 1988)
Original cD5TA717,517ja-Tale:. Diplomatic ImmuTiTr
1 - DiOCA
1 - DDL/OCA
1 - OCA Registry
1 - RH Signer
1 - OCA Read
5
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