Diplomatic Immunity Law (Federal Statute and Amendment)

The Diplomatic Immunity Law (Federal Statute and Amendment) is a law introduced in the Russian Federation by lawmakers and policy analysts Lyudmila Voronova (Alicia Novak), Eleonore von Habsburg and Annabeth Chase in the Federal Assembly.

Signed on December 28, 2020, the bill was the first of its kind in the Almanac of Respublica Politics, making the Russian Federation the first country to enjoy the most up-to-date regime of diplomatic immunity.

Text


Diplomatic Immunity Law (Federal Statute and Amendment)


 * A federal statute to—


 * (1) guarantee diplomatic immunity for foreign diplomats in the Russian Federation; and


 * (2) modernise the Russian diplomatic immunity regime in line with the Vienna Conventions on Diplomatic Relations and Consular Relations and the recommendations of the United Nations; and


 * (3) create, in particular, the General Administration for Foreign Diplomatic Missions in the Russian Federation.


 * WHEREAS the establishment of embassies and consulates is an important way for countries of the world to interact with each other;


 * AND WHEREAS foreign diplomats such as ambassadors and consuls and their diplomatic missions help spread cultural understanding and promote diplomacy in times of peace between countries of the world;


 * AND WHEREAS the Russian Federation must be able to guarantee the diplomatic immunity of foreign diplomats whom are assigned by their respective governments to represent their countries within its territories;


 * BE IT ENACTED by the Federation Council and State Duma of the Russian Federation, in this Federal Assembly and in accordance with the Constitution of the Russian Federation, and by the authority of the same, as follows:—

1. Short Title

This statute may be known as the Diplomatic Immunity Law (Federal Statute and Amendment).

2. Commencement

This statute shall come into force two months after the date on which it receives presidential promulgation.

3. Principal Act

This statute amends the Federal Law on Jurisdictional Immunity in relation to the guarantee of diplomatic and consular immunity for neutral states (Russian Federation Laws).

4. Interpretation


 * (1) In this Federal Statute, unless the context otherwise requires,—


 * Diplomatic immunity means foreign diplomats in the Russian Federation have guaranteed safe passage and are protected in line with the modern diplomatic immunity codified as international law by the Vienna Convention on Diplomatic Relations of 1961; although they may still be expelled.


 * Excise duty means a duty imposed on excisable items imported by legal entities, individual entrepreneurs and individuals to the Russian Federation (Article 193 of the Tax Code of the Russian Federation).


 * Foreign diplomat means a natural person appointed by a state or an intergovernmental institution such as the United States of America or the European Union to conduct diplomacy in the Russian Federation.


 * Natural person, in relation to jurisprudence and this statute, means a person that is an individual human being in the Russian Federation.


 * Russian Federation, in relation to the Constitution of the Russian Federation, means the asymmetric federation and semi-presidential republic located in Eastern Europe and Northern Asia, with its federal subjects and constituent units.


 * (2) This Federal Statute and its associated codes bind the state within the jurisprudence of the Russian Federation and its subdivisions.


 * (3) This Federal Statute is made in accordance with the existing Constitution of the Russian Federation.

Part 1

5. Establishment


 * (1) This section establishes the General Administration for Foreign Diplomatic Missions in the Russian Federation.


 * (2) The General Administration for Foreign Diplomatic Missions is a body corporate subordinated to the Ministry of Foreign Affairs of the Russian Federation that enjoys perpetual succession and has a common seal.


 * (3) The General Administration for Foreign Diplomatic Missions is able to acquire, hold and dispose of real and personal property and may enter into contracts, sue or be sued, and otherwise do and suffer all other acts and things bodies corporate may do or suffer.


 * (4) The General Administration for Foreign Diplomatic Missions is headed by an Agency Executive who reports directly to the Minister of Foreign Affairs.


 * (5) Any official in the General Administration for Foreign Diplomatic Missions must make a public declaration that they will well and truly serve the office to which they are appointed.

6. Functions


 * (1) The functions of the General Administration for Foreign Diplomatic Missions are—


 * (a) to centralise and modernise the administration of the Russian Foreign Services;


 * (b) to administer the Embassies of Russian Federation in Prioritised Countries, such as—


 * (i) the United States of America;


 * (ii) the United Kingdom;


 * (iii) the Federal Republic of Germany;


 * (iv) the French Republic;


 * (v) the People's Republic of China; and


 * (vi) any to be added by future provisions.


 * (c) to streamline the daily operations of the—


 * (i) foreign trade and economic missions subordinated to the former Chamber of Commerce and Industry of the Russian Federation; and


 * (ii) foreign cultural centres subordinated to the Ministry of Foreign Affairs of the Russian Federation, according to Article 18 of the Fundamentals of Russian Legislation and in accordance with the Constitution of the Russian Federation.


 * (2) In carrying out its functions, the General Administration for Foreign Diplomatic Missions may not be supported by any privately established organisation.

7. Membership


 * (1) The membership of the General Administration for Foreign Diplomatic Missions is made up as follows:


 * (a) an Agency Executive who—


 * (i) is appointed by the Minister of Foreign Affairs of the Russian Federation; and


 * (ii) is the chief executive officer of the General Administration for Foreign Diplomatic Missions; and


 * (iii) organises and supervises the General Administration for Foreign Diplomatic Missions and its employees.


 * (b) a Deputy who—


 * (i) is appointed by the State Duma; and


 * (ii) observes the Agency Executive’s overall management of the General Administration for Foreign Diplomatic Missions; and


 * (iii) reports directly to the State Duma on matters relating to allocated funding and related spending.


 * (c) a Chief of Staff who—


 * (i) is appointed by the Federation Council; and


 * (ii) acts as the primary aide-de-camp to the Agency Executive; and


 * (iii) reports directly to the Federation Council on matters relating to allocated funding and related spending.


 * (d) an Executive Secretariat that—


 * (i) is composed of six members appointed by the Supreme Court of the Russian Federation to assist the Agency Executive; and


 * (ii) helps coordinate the work of the General Administration for Foreign Diplomatic Missions and its sub-organisations.


 * (2) The creation of the Executive Secretariat comes with the centralisation of Russian Government Scholarships in relation to international educational exchange that—


 * (a) provides a programme of equally competitive, merit-based grants for foreign scholars, teachers, professionals, scientists and artists (Group 1); and


 * (b) provides a programme of equally competitive, merit-based grants for immigrants, refugees and asylum seekers (Group 2); and


 * (c) improves intercultural relations and cultural diplomacy between the Russian Federation and other countries through the exchange of persons, knowledge, and skills.

Part 2

8. Immunities and Privileges


 * (1) This section amends the Federal Law on Jurisdictional Immunity in relation to the guarantee of diplomatic and consular immunity for neutral states (Russian Federation Laws), updating all previous laws in accordance with the principles of—


 * (a) the Vienna Convention on Diplomatic Relations of 1961;


 * (b) the Vienna Convention on Consular Relations of 1963; and


 * (c) the Convention on the Privileges and Immunities and Charter of the United Nations, in relation to—


 * (i) the sovereign equality of countries of the world;


 * (ii) the guarantee of international peace and security; and


 * (iii) the role of the Russian Federation in promoting friendly relations among peaceful countries.


 * (2) The Russian Federation shall provide foreign diplomats with modern and adequate medical care and related services in case of emergency.


 * (3) The Russian Federation shall guarantee the safety of foreign diplomats from bodily harm and any other threats of harm to people and property relating to the natural person in question.


 * (4) The Russian Federation shall provide foreign diplomats with the right to be exempted from excise duty.

9. Consequential Amendments

Without invalidating the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, and the Charter of the United Nations—


 * (1) The Russian Federation restricts other states from sending foreign diplomats for the purpose of violating the law under Russian Federation Laws.


 * (2) In accordance with the Constitution of the Russian Federation, future amendments may be made to expand this section.