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express its "agreement," before the nomination. As to domestic or domestic servant of any such minister, is arrested or im-
other members of the diplomatic staff, "agreement" is prisoned, or his goods or chattels are distrained, seized, or attached,
not required and the consent to their appointment may be such writ or process shall be deemed void.
5 253. Penalty for wrongful suit. Whenever any writ or process is
either express or implied. However, they are entitled to sued out in violation of section 252 of this title, every person by whom
immunity from the time they enter the territory of the the same is obtained or prosecuted, whether as party or as attorney or
receiving state if such consent has been given previously. solicitor, and every officer concerned in executing it shall be deemed a
b. Applicability of Domestic Law to Private Acts of Dip- violator of the laws of nations and a disturber of the public repose, and
lomatic Agent. Domestic law may be enforced against a shall be imprisoned for not more than three years, and fied at the dis-
diplomatic agent with respect to such of his acts as are pri- cretion of the court.
4 254. Exceptions as to such against servants, etc., of minister;
vate and not covered by immunity. Under Article 31 of listing servants. Sections 252 and 253 of this title shall not apply to any
the Vienna Convention, it may also be enforced when his case where the person against whom the process is issued is a citizen or
act is private and entitled to immunity, but the immunity inhabitant of the United States, in the service of an ambassador or a
is waived. 29 Moreover, it may be enforced as well when public minister, and the process if founded upon a debt contracted
before he entered upon such service; nor shall section 253 of this title
the act is private and entitled to immunity, but the func-
apply to any case where the person against whom the process is issued is
tion of the diplomatic agent has come to an end. In this a domestic servant of the ambassador or a public minister, unless the
later me, the immunity ceases from the moment he name of the servant has, before the issuing thereof, been registered in
leaves the territory of the receiving state, or on expiration the Department of State, and transmitted by the Secretary of State to
the marshal of the District of Columbia, who shall upon receipt thereof,
of a reasonable period of time to do so. 30
c. Nonapplicability of Domestic Law to Official Acts of post the same in some public place in his office. AU persons shall have
resort to the list of names so posted in the marshal's office, and may
a Diplomatic Agent. Suppose a diplomatic agent performs take copies without fee.
an oficial act such as the preparation of a report on highly It is important to note that ambassadors and ministers are
sensitive political matter in the receiving state, at the re- totally immune from suit in U.S. Courts, even though the
quest of his chief of mission. The report is made public in cause of action might be based on purely personal trans-
the sending state and is eventually reprinted in a newspa- actions. 32 Thus, section 1251 of title 28 stipulates that:
per in the receiving state. The diplomatic agent then
retires from the diplomatic service of the sendingstate and of: (a) The Supreme Court shall have original and exclusive jurisdiction
remains in the state where he formerly exercised his func- ***
tion. Thereupon he is sued for libel in the rannrt he pre- (2) All actions or proceedings against ambassadors or other public
pared as an oficial act. He is entitled to immunity. 31 ministers of foreign states or their domestics or domestic servants, not
d. Waiving the Immunity of a Diplomatic Agent. Article inconsistent with the law of nations. (Emphasis added.)
32 of the Vienna Convention provides that diplomatic im- (b) The Supreme Court shall have original but not exclusive jurisdic-
munity may be waived by the sending state. If the diplo- tion of:
(1) All actions or proceedings brought by ambassadors or other
matic agent is the head of the mission, the waiver must public ministers of foreign states or to which consuls or vice consuls of
come from the ministry of foreign affairs of the sending foreign states are parties. ...
state. If the individual involved in junior in rank, 5-12. Proving Diplomatic Status. a. Comment i to Sec-
presumably the head of the mission, i.e., the person tion 73 of the Restatement as to proof of diplomatic status
authorized to speak for the sending state in the receiving declares:
state, may waive the immunity. In either case, the waiver
Diplomatic status is established by its recognition as such by the
must be unambiguously expressed. Department of State, on request of the foreign government, and com-
e. Waiver of Immunity by Initiation of Proceedings. munication of this recognition to the court. Mere inclusion in the Diplo-
This form of waiver is also provided for in Article 32 of matic List maintained by the Department of State (the "Blue List") is
the Vienna Convention. There is no requirement that a not alone sufficient to foreclose judicial inqujr. Preparation of this list is
only a ministerial act and not a determination by the executive branch of
diplomatic agent obtain authorization from his state prior
a right to diplomatic immunity. Where the Secretary or his designee cer-
to initiating the proceeding. tifies an individual's name as a person accepted as a diplomatic agent,
J Applicable U.S.Law. Sections 252, 253 and 254 of the certification is conclusive on the court.
Title 22 of the United States Code, Annotated, which Comment b to Section 74 of the Restatement states as
have to do with the diplomatic immunity of ambassadors to proof of status in United States practice for persons
and public ministers, are as follows: other than diplomatic agents.
5 252. Suits against ministers and their domestics prohibited. The Department of State maintains a List of Employees of Diplomatic
Whenever any writ or process is sued out or prosecuted by any person in Missions (the "White List") which is comparable to the "Blue List"
any court of the United States, or of a State, or by any judge or justice, * * . The same procedural and legal questions arise with respect to
whereby the person of any ambassador or public minister of any foreign proof of immunity of persons on the "White List" as apply in the case
prince or State, authorized and received as such by the President, or any
of persons on the "Blue List."
29. See, with respect to waiver, Article 32 of the Vienna Conven- b. Decisions in matters of diplomatic immunity by the
tion, at p.10, supra.
30. See Article 39 of the Vienna Convention, at p. 10, supra. 32. See Arcaya v. Paez, 145 ESupp. 464, qffd per curium, 244.
31. See Restatement (Second), supra note 2 at 5 73. F.2d 958 (2d Ci. 1957).