Policy Text
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Violations against Forei gn/Diplomatic Officials
The purpose of this order is to p rovide information regarding o ffenses committed
against foreign officials and/or agents, and to def ine which ag encies have jurisdiction in
such cases. I. Federal Law
A. Public Law 92-539 provides tha t local law enforcement and th e F.B.I. will
have concurrent jurisdiction in s pecified criminal cases commit ted against
foreign officials or official guests. Local jurisdictions will continue to prosecute
these violations; however, the F. B.I. must be immediately notif ied.
B. The Act provides for concurr ent Federal jurisdiction when th e following
prohibited acts are committed:
1. Murder
2. Conspiracy to murder
3. Manslaughter
4. Kidnapping of a foreign o fficial or official guest
C. The Act also prohibits the fo llowing acts against a foreign official or official
guest: assaulting, striking, woun ding, imprisoning, offering v iolence,
intimidating, coercing, threateni ng, harassing, obstructing a f oreign official in
the performance of any duties.
D. The Act also prohibits within 100 feet of the residence of a foreign officer or a
foreign or international estab lishment: parading; picketing; d isplaying any
flag, banner, sign, placard or dev ice; uttering any word, phras e, sound or
noise; congregating with two or mor e other persons with the int ent to perform
such acts, for the purpose of int imidating, coercing, threateni ng, harassing or
obstructing a foreign official i n the performance of any duties .
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E. The Act further prohibits any one from committing the followi ng acts against
any real or personal property belonging to, utilized by, or occ upied by a
foreign government, internatio nal organization, foreign offici al or official
guest: injuring, damaging, destr oying, or attempting any of th ose.
II. Definitions
A. Foreign Official
1. A Chief of State of the po litical equivalent, President, Vic e-President,
Prime Minister, Ambassador, For eign Minister, or other officer of cabinet
rank or above of a foreign governm ent of the chief executive of ficer of an
international organization, or any person who has previously se rved in
such capacity, and any member of t hat person's family while in the
United States, and
2. Any person of a foreign nati onality who is duly notified to the United
States as an officer or employ ee of a foreign government of int ernational
organization, and who is in the Un ited States on official busin ess, and any
member of that family whose pres ence in the United States is in
connection with the presence of such officer or employee.
B. Foreign Government
The government of a foreign coun try, regardless of recognition by the United
States.
C. International Organization
A public international organizati on designated as such pursuant to section
1 of the International Organizati on Immunities Act (22 U.S.C. 2 88.)
D. Family
1. A spouse, parent, brother or sister, child, or person to who m the foreign
official stands in loco parentis, or
2. Any other person living in t he foreign officer's household a nd related by
blood or marriage.
E. Official Guest
A citizen or national of a forei gn country present in the Unite d States as an
official guest of the governmen t of the United States pursuant to designation
as such by the Secretary of State.
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III. F.B.I. Notification
A. Notify the Federal Bureau o f Investigation by telephone rega rding any
incident committed against a fo reign official, family, guest or property. Give
the FBI agent the Department r eport number on the incident.
B. Officers preparing reports of offenses committed against suc h persons shall
enter "Copy to F.B.I." in the In vestigative Division/Persons No tified section of
the Crime report.
C. Copies of reports will be mail ed by Records Bureau personnel to the F.B.I.
field office.