US (United States) Code. Title 22. Chapter 53: Authorities relating to the regulation of foreign missions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 53 - AUTHORITIES RELATING TO THE

REGULATION OF FOREIGN MISSIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-MISC1-

Sec.

4301. Congressional declaration of findings and policy.

(a) Findings.

(b) Policy.

(c) Treatment of foreign missions in United States.

4302. Definitions.

4303. Authorities of Secretary of State.

4304. Provision of benefits.

(a) Request by foreign mission; terms and

conditions as approved by Secretary.

(b) Benefits through Secretary as mandatory;

compliance with terms and conditions.

(c) Surcharge or fee; waiver of recourse.

(d) Agent for waiver of recourse.

(e) Secret Service protection.

(f) In-kind exchange of properties with foreign

government; transfer of funds; reciprocal

agreement; regulations.

4304a. Enforcement of compliance with liability insurance

requirements.

(a) Notice to Secretary by head of foreign mission

of lapse or termination of coverage; report to

Secretary by head of foreign mission

respecting motor vehicles, vessels and

aircraft registered in United States.

(b) Surcharge or fee covering unsatisfied part of

judgment; preconditions for imposition.

(c) Definitions.

4304b. Crimes committed by diplomats.

(a) Annual report concerning diplomatic immunity.

(b) United States policy concerning reform of

diplomatic immunity.

(c) Notification of diplomatic corps.

4305. Property of foreign missions.

(a) Proposed acquisition, sale, or other

disposition.

(b) Divesture.

(c) Cessation of diplomatic, consular, and other

governmental activities in United States;

protecting power or other agent; disposition

of property.

(d) Protection from future hostile intelligence

activities in United States.

4306. Location of foreign missions in the District of

Columbia.

(a) Section as governing location, replacement, or

expansion.

(b) Acceptable areas; limitations and conditions.

(c) Filing of application with Board of Zoning

Adjustment; publication of notice; public

participation; final determination.

(d) Criteria for determination.

(e) Consistency of regulations, proceedings, and

other actions; review and comment by National

Planning Commission.

(f) Rule-making nature of proceedings.

(g) Compliance with District of Columbia building

and related codes.

(h) Approval of Board of Zoning Adjustment or

Zoning Commission not required.

(i) Membership on Zoning Commission and Board of

Zoning Adjustment.

(j) Application of other laws.

4307. Preemption.

4308. General provisions.

(a) Issuance of regulations.

(b) Discharge of obligation; liability.

(c) Use of employees from other Federal agencies;

experts and consultants.

(d) Contracts and subcontracts for supplies and

services; advertisement; factors considered.

(e) Transfer or loan of property to or from

Department of State.

(f) Attachment, execution, etc., of assets.

(g) Discretion of Secretary.

(h) Transfer and credit of funds.

4309. Application to public international organizations and

official missions to such organizations.

(a) Determination by Secretary.

(b) "International organization" defined.

4309a. United States responsibilities for employees of the

United Nations.

(a) Findings.

(b) Activities of United Nations employees.

(c) Reports.

(d) United States nationals.

(e) "United Nations Headquarters District" defined.

4310. Privileges and immunities.

4311. Enforcement.

(a) Benefits to foreign missions contrary to this

chapter; standing of United States to bring

action for compliance.

(b) Advice of Secretary concerning transactions

with foreign missions.

4312. Presidential guidelines.

4313. Severability.

4314. Extraordinary protective services.

(a) General authority.

(b) Requirement of extraordinary circumstances.

(c) Repealed.

(d) Restrictions on use of funds.

(e) Period of agreement with State or local

authority.

(f) Requirement for appropriations.

(g) Working capital fund.

4315. Use of foreign mission in manner incompatible with its

status as foreign mission.

(a) Establishment of limitation on certain uses.

(b) Temporary lodging.

(c) Waiver.

(d) Report.

(e) Definitions.

4316. Application of travel restrictions to personnel of

certain countries and organizations.

(a) Requirement for restrictions.

(b) Individuals subject to restrictions.

(c) Waivers.

(d) Repealed.

(e) Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 302, 2684, 4852 of this

title; title 3 section 208.

-End-

-CITE-

22 USC Sec. 4301 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4301. Congressional declaration of findings and policy

-STATUTE-

(a) Findings

The Congress finds that the operation in the United States of

foreign missions and public international organizations and the

official missions to such organizations, including the permissible

scope of their activities and the location and size of their

facilities, is a proper subject for the exercise of Federal

jurisdiction.

(b) Policy

The Congress declares that it is the policy of the United States

to support the secure and efficient operation of United States

missions abroad, to facilitate the secure and efficient operation

in the United States of foreign missions and public international

organizations and the official missions to such organizations, and

to assist in obtaining appropriate benefits, privileges, and

immunities for those missions and organizations and to require

their observance of corresponding obligations in accordance with

international law.

(c) Treatment of foreign missions in United States

The treatment to be accorded to a foreign mission in the United

States shall be determined by the Secretary after due consideration

of the benefits, privileges, and immunities provided to missions of

the United States in the country or territory represented by that

foreign mission, as well as matters relating to the protection of

the interests of the United States.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 201, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 283; amended

Pub. L. 99-93, title I, Sec. 127(a), Aug. 16, 1985, 99 Stat. 418.)

-MISC1-

AMENDMENTS

1985 - Subsec. (c). Pub. L. 99-93 inserted ", as well as matters

relating to the protection of the interests of the United States".

EFFECTIVE DATE

Section 204 of title II of Pub. L. 97-241 provided that: "The

amendments made by this title [see Short Title note below] shall

take effect on October 1, 1982."

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 98-164, title VI, Sec. 601, Nov. 22, 1983, 97 Stat. 1042,

provided that: "This title [enacting section 4304a of this title,

amending sections 254e and 4303 of this title, and enacting

provisions set out as a note under section 4303 of this title] may

be cited as the 'Foreign Missions Amendments Act of 1983'."

SHORT TITLE

Section 201 of title II of Pub. L. 97-241 provided that: "This

title [enacting this chapter, amending sections 254a, 254b, 254c,

2662, and 2684 of this title and section 1364 of Title 28,

Judiciary and Judicial Procedure, and enacting provisions set out

as a note under this section] may be cited as the 'Foreign Missions

Act'."

UNITED STATES DEPARTMENT OF STATE FREEDOM OF EXPRESSION

Pub. L. 100-204, title I, Sec. 133, Dec. 22, 1987, 101 Stat.

1344, provided that:

"(a) Finding. - Congress finds that the United States Department

of State, on September 15, 1987, declared itself to be a temporary

foreign diplomatic mission for the purpose of denying free speech

to American citizens who planned to protest the tyranny of the

Soviet regime.

"(b) Prohibition. - It is not in the national security interest

of the United States for the Department of State to declare, and it

shall not declare, itself to be a foreign diplomatic mission."

UNITED STATES-SOVIET RECIPROCITY IN MATTERS RELATING TO EMBASSIES

Pub. L. 101-246, title I, Sec. 134, Feb. 16, 1990, 104 Stat. 33,

authorized Secretary of State to allow Soviet mission to United

States to occupy, on a reciprocal basis, a consulate facility in

United States, provided that United States mission in Kiev would be

able to occupy an interim facility intended for conduct of

unclassified activities, and required Secretary of State to submit

to Congress a long-term plan for acquiring secure permanent

facilities for United States mission in Kiev, prior to repeal by

Pub. L. 103-199, title V, Sec. 502(c)(1), Dec. 17, 1993, 107 Stat.

2326.

Pub. L. 100-204, title I, Sec. 153(a)-(d), Dec. 22, 1987, 101

Stat. 1353, authorized Secretary of State to obtain full

cooperation of Soviet government, on a reciprocal basis, in areas

of diplomatic and consular finance, access to goods, and use of

real property and prohibited Secretary of State from allowing

Soviet mission to United States to occupy any new consulate in

United States until United States mission in Kiev was able to

occupy secure permanent facilities, prior to repeal by Pub. L.

103-199, title V, Sec. 502(e)(1), Dec. 17, 1993, 107 Stat. 2326.

Section 153(d) of Pub. L. 100-204 was also repealed by Pub. L.

103-236, title I, Sec. 139(15), Apr. 30, 1994, 108 Stat. 398.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4309, 4309a of this

title.

-End-

-CITE-

22 USC Sec. 4302 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4302. Definitions

-STATUTE-

(a) For purposes of this chapter -

(1) "benefit" (with respect to a foreign mission) means any

acquisition, or authorization for an acquisition, in the United

States by or for a foreign mission, including the acquisition of

-

(A) real property by purchase, lease, exchange, construction,

or otherwise,

(B) public services, including services relating to customs,

importation, and utilities, and the processing of applications

or requests relating to public services,

(C) supplies, maintenance, and transportation,

(D) locally engaged staff on a temporary or regular basis,

(E) travel and related services,

(F) protective services, and

(G) financial and currency exchange services,

and includes such other benefits as the Secretary may designate;

(2) "chancery" means the principal offices of a foreign mission

used for diplomatic or related purposes, and annexes to such

offices (including ancillary offices and support facilities), and

includes the site and any building on such site which is used for

such purposes;

(3) "foreign mission" means any mission to or agency or entity

in the United States which is involved in the diplomatic,

consular, or other activities of, or which is substantially owned

or effectively controlled by -

(A) a foreign government, or

(B) an organization (other than an international

organization, as defined in section 4309(b) of this title)

representing a territory or political entity which has been

granted diplomatic or other official privileges and immunities

under the laws of the United States or which engages in some

aspect of the conduct of the international affairs of such

territory or political entity,

including any real property of such a mission and including the

personnel of such a mission;

(4) "real property" includes any right, title, or interest in

or to, or the beneficial use of, any real property in the United

States, including any office or other building;

(5) "Secretary" means the Secretary of State;

(6) "sending State" means the foreign government, territory, or

political entity represented by a foreign mission; and

(7) "United States" means, when used in a geographic sense, the

several States, the District of Columbia, the Commonwealth of

Puerto Rico, and the territories and possessions of the United

States.

(b) Determinations with respect to the meaning and applicability

of the terms used in subsection (a) of this section shall be

committed to the discretion of the Secretary.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 202, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 283; amended

Pub. L. 99-93, title I, Sec. 127(b), Aug. 16, 1985, 99 Stat. 418;

Pub. L. 99-569, title VII, Sec. 701, Oct. 27, 1986, 100 Stat. 3204;

Pub. L. 100-204, title I, Sec. 153(e), Dec. 22, 1987, 101 Stat.

1353; Pub. L. 103-236, title I, Sec. 162(o)(1), Apr. 30, 1994, 108

Stat. 409.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this title", meaning title II of act Aug. 1, 1956, ch. 841, as

added Aug. 24, 1982, Pub. L. 97-241, title II, Sec. 202(b), 96

Stat. 283, known as the Foreign Missions Act, which is classified

principally to this chapter. For complete classification of title

II to the Code, see Short Title note set out under section 4301 of

this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(3) to (8). Pub. L. 103-236 struck out par. (3)

and redesignated former pars. (4) to (8) as (3) to (7),

respectively. Prior to amendment, par. (3) read as follows: "

'Director' means the Director of the Office of Foreign Missions

established pursuant to section 4303(a) of this title;".

1987 - Subsec. (a)(1)(G). Pub. L. 100-204 added subpar. (G).

1986 - Subsec. (a)(4). Pub. L. 99-569 amended par. (4) generally,

substituting "which is involved in the diplomatic, consular, or

other activities of, or which is substantially owned or effectively

controlled by" for "involving diplomatic, consular, or other

governmental activities of".

1985 - Subsec. (a)(4). Pub. L. 99-93 substituted "mission to or

agency in" for "official mission to" in introductory provisions,

and inserted "or which engages in some aspect of the conduct of the

international affairs of such territory or political entity" before

the comma at end of subpar. (B).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302, 2709, 4307 of this

title.

-End-

-CITE-

22 USC Sec. 4303 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4303. Authorities of Secretary of State

-STATUTE-

The Secretary shall carry out the following functions:

(1) Assist agencies of Federal, State, and municipal government

with regard to ascertaining and according benefits, privileges,

and immunities to which a foreign mission may be entitled.

(2) Provide or assist in the provision of benefits for or on

behalf of a foreign mission in accordance with section 4304 of

this title.

(3) As determined by the Secretary, dispose of property

acquired in carrying out the purposes of this chapter.(!1)

(4) As determined by the Secretary, designate an office within

the Department of State to carry out the purposes of this

chapter.(!1) If such an office is established, the President may

appoint, by and with the advice and consent of the Senate, a

Director, with the rank of ambassador. Of the Director and the

next most senior person in the office, one should be an

individual who has served in the Foreign Service and the other

should be an individual who has served in the United States

intelligence community.

(5) Perform such other functions as the Secretary may determine

necessary in furtherance of the policy of this chapter.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 203, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 284; amended

Pub. L. 98-164, title VI, Sec. 604(a), (b), Nov. 22, 1983, 97 Stat.

1043, 1044; Pub. L. 98-618, title VI, Sec. 601(c), Nov. 8, 1984, 98

Stat. 3303; Pub. L. 100-204, title I, Sec. 173(a)(2), Dec. 22,

1987, 101 Stat. 1360; Pub. L. 101-246, title I, Sec. 116(a), Feb.

16, 1990, 104 Stat. 24; Pub. L. 103-236, title I, Sec. 162(o)(2),

Apr. 30, 1994, 108 Stat. 409.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in pars. (3) and (4), was in the

original "this Act" and was translated as reading "this title"

meaning title II of act Aug. 1, 1956, ch. 841, as added Aug. 24,

1982, Pub. L. 97-241, title II, Sec. 202(b), 96 Stat. 283, known as

the Foreign Missions Act, which is classified principally to this

chapter. For complete classification of title II to the Code, see

Short Title note set out under section 4301 of this title and

Tables.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-236 amended section generally. Prior to

amendment, section required Secretary of State to establish Office

of Foreign Missions in Department of State, provided for Director

and Deputy Director of Office, and specified their powers and

duties.

1990 - Subsec. (c)(3), (4). Pub. L. 101-246 added par. (3) and

redesignated former par. (3) as (4).

1987 - Subsec. (a). Pub. L. 100-204 inserted sentence at end

relating to compensation of Director.

1984 - Subsec. (a). Pub. L. 98-618, Sec. 601(c)(1), struck out

requirements that Director be an individual with: minimum of ten

years service in the Foreign Service, significant administrative

experience, and service in countries wherein the United States has

had significant problems in assuring secure and efficient

operations of its missions as result of the actions of other

countries.

Subsec. (b). Pub. L. 98-618, Sec. 601(c)(2), substituted

requirement of prior complementary service of the Director and

Deputy Director in the Foreign Service and the Intelligence

Community for requirement that Deputy Director must have served in

the Intelligence Community.

1983 - Subsec. (a). Pub. L. 98-164, Sec. 604(a), inserted

provisions respecting rank, and experience required of the

Director, and substituted provision requiring appointment by the

President by and with the advice and consent of the Senate, for

provision requiring appointment by the Secretary.

Subsecs. (b), (c). Pub. L. 98-164, Sec. 604(b), added subsec. (b)

and redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-204 effective 30 days after Dec. 22,

1987, see section 173(b) of Pub. L. 100-204, set out as a note

under section 2707 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 601(d) of Pub. L. 98-618 provided that: "The amendments

made by subsection (c) [amending this section] shall apply only

with respect to any appointment of a Director or Deputy Director of

the Office of Foreign Missions, as the case may be, after the date

of the enactment of this section [Nov. 8, 1984]."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 604(c) of Pub. L. 98-164 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to any Director of the Office of Foreign Missions, and to

any Deputy Director of the Office of Foreign Missions, appointed

after the date of enactment of this Act [Nov. 22, 1983]."

NEW SPENDING AUTHORITY

Any new spending authority provided by amendment by section

173(a)(2) of Pub. L. 100-204 effective for any fiscal year only to

such extent or in such amounts as are provided in advance in

appropriation Acts, see section 173(c) of Pub. L. 100-204, set out

as a note under section 2707 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4307 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 4304 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4304. Provision of benefits

-STATUTE-

(a) Request by foreign mission; terms and conditions as approved by

Secretary

Upon the request of a foreign mission, benefits may be provided

to or for that foreign mission by or through the Secretary on such

terms and conditions as the Secretary may approve.

(b) Benefits through Secretary as mandatory; compliance with terms

and conditions

If the Secretary determines that such action is reasonably

necessary on the basis of reciprocity or otherwise -

(1) to facilitate relations between the United States and a

sending State,

(2) to protect the interests of the United States,

(3) to adjust for costs and procedures of obtaining benefits

for missions of the United States abroad,

(4) to assist in resolving a dispute affecting United States

interests and involving a foreign mission or sending State, or

(5) subject to subsection (f) of this section, to implement an

exchange of property between the Government of the United States

and the government of a foreign country, such property to be used

by each government in the respective receiving state for, or in

connection with, diplomatic or consular establishments,

then the Secretary may require a foreign mission (A) to obtain

benefits from or through the Secretary on such terms and conditions

as the Secretary may approve, or (B) to forego the acceptance, use,

or relation of any benefit or to comply with such terms and

conditions as the Secretary may determine as a condition to the

execution or performance in the United States of any contract or

other agreement, the acquisition, retention, or use of any real

property, or the application for or acceptance of any benefit

(including any benefit from or authorized by any Federal, State, or

municipal governmental authority, or any entity providing public

services).

(c) Surcharge or fee; waiver of recourse

Terms and conditions established by the Secretary under this

section may include -

(1) a requirement to pay to the Secretary a surcharge or fee,

and

(2) a waiver by a foreign mission (or any assignee of or person

deriving rights from a foreign mission) of any recourse against

any governmental authority, any entity providing public services,

any employee or agent of such an authority or entity, or any

other person, in connection with any action determined by the

Secretary to be undertaken in furtherance of this chapter.

(d) Agent for waiver of recourse

For purposes of effectuating a waiver of recourse which is

required under this section, the Secretary may designate any

officer of the Department of State as the agent of a foreign

mission (or of any assignee of or person deriving rights from a

foreign mission). Any such waiver by an officer so designated shall

for all purposes (including any court or administrative proceeding)

be deemed to be a waiver by the foreign mission (or the assignee of

or other person deriving rights from a foreign mission).

(e) Secret Service protection

Nothing in this chapter shall be deemed to preclude or limit in

any way the authority of the United States Secret Service to

provide protective services pursuant to section 202 of title 3 or

section 3056 of title 18 at a level commensurate with protective

requirements as determined by the United States Secret Service.

(f) In-kind exchange of properties with foreign government;

transfer of funds; reciprocal agreement; regulations

(1) Upon a determination in each specific case by the Secretary

of State or the Secretary's designee that the purpose of the

Foreign Service Buildings Act, 1926 [22 U.S.C. 292 et seq.], can

best be met on the basis of an in-kind exchange of properties with

a foreign country pursuant to subsection (b)(5) of this section,

the Secretary of State may transfer funds made available under the

heading "Acquisition and Maintenance of Buildings Abroad"

(including funds held in the Foreign Service Buildings Fund) for

such purpose to the Working Capital Fund, as provided in section

4308(h)(1) of this title. Except for funds that may be provided by

a foreign government for the purchase of property, only funds

transferred under the preceding sentence may be used for the

purposes of subsection (b)(5) of this section.

(2) The Secretary of State may acquire property in the United

States for the purposes of subsection (b)(5) of this section only

in the context of a specific reciprocal agreement with a specified

foreign government. Property acquired by the United States in the

foreign country through such an exchange shall benefit the United

States at least to the same extent as the property acquired in the

United States benefits the foreign government.

(3) The Secretary of State shall prescribe regulations for the

implementation of any in-kind exchange of properties pursuant to

subsection (b)(5) of this section.

(4) At least 15 days before entering into any reciprocal

agreement for the exchange of property with another foreign

government, the Secretary of State shall notify the Committee on

Foreign Affairs and the Committee on Public Works and

Transportation of the House of Representatives and the Committee on

Foreign Relations of the Senate.

(5)(A) Proceeds from the disposition of properties acquired

pursuant to this subsection shall be credited to the Foreign

Service Buildings Fund (referred to in section 9 of the Foreign

Service Buildings Act, 1926 [22 U.S.C. 300]).

(B) The authority to spend proceeds received under subparagraph

(A) may be exercised only to such extent or in such amounts as are

provided in advance in an appropriation Act.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 204, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 284; amended

Pub. L. 99-93, title I, Secs. 126(b), 127(c), Aug. 16, 1985, 99

Stat. 418; Pub. L. 101-246, title I, Sec. 116(b), Feb. 16, 1990,

104 Stat. 24; Pub. L. 103-236, title I, Sec. 162(o)(3), Apr. 30,

1994, 108 Stat. 410; Pub. L. 103-415, Sec. 1(cc), Oct. 25, 1994,

108 Stat. 4302.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Buildings Act, 1926, referred to in subsec.

(f)(1), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended,

which is classified generally to chapter 8 (Sec. 292 et seq.) of

this title. For complete classification of this Act to the Code,

see section 299 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsecs. (a) to (c)(1). Pub. L. 103-236, Sec.

162(o)(3)(A), substituted "Secretary on such terms" for "Director

on such terms" in subsecs. (a) and (b) and "Secretary" for

"Director" in subsec. (c)(1).

Subsec. (d). Pub. L. 103-236, Sec. 162(o)(3)(B), as amended by

Pub. L. 103-415, substituted "any officer" for "the Director or any

other officer".

1990 - Subsec. (b)(5). Pub. L. 101-246, Sec. 116(b)(1), added

par. (5).

Subsec. (f). Pub. L. 101-246, Sec. 116(b)(2), added subsec. (f).

1985 - Subsec. (b). Pub. L. 99-93, Sec. 127(c), inserted "to

forego the acceptance, use, or relation of any benefit or" after

"(B)" in provisions following par. (4).

Subsec. (e). Pub. L. 99-93, Sec. 126(b), substituted "chapter"

for "section" and was executed by making the substitution to first

reference to "section" as the probable intent of Congress.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives and Committee on Public Works and Transportation of

House of Representatives treated as referring to Committee on

Transportation and Infrastructure of House of Representatives by

section 1(a) of Pub. L. 104-14, set out as a note preceding section

21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by section 126(b) of Pub. L. 99-93 effective Oct. 1,

1985, see section 126(e) of Pub. L. 99-93, set out as an Effective

Date note under section 4314 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300, 4303, 4307, 4309 of

this title.

-End-

-CITE-

22 USC Sec. 4304a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4304a. Enforcement of compliance with liability insurance

requirements

-STATUTE-

(a) Notice to Secretary by head of foreign mission of lapse or

termination of coverage; report to Secretary by head of foreign

mission respecting motor vehicles, vessels and aircraft

registered in United States

(1) The head of a foreign mission shall notify promptly the

Secretary of the lapse or termination of any liability insurance

coverage held by a member of the mission, by a member of the family

of such member, or by an individual described in section 19 of the

Convention on Privileges and Immunities of the United Nations of

February 13, 1946.

(2) Not later than February 1 of each year, the head of each

foreign mission shall prepare and transmit to the Secretary a

report including a list of motor vehicles, vessels, and aircraft

registered in the United States by members of the mission, members

of the families of such members, individuals described in section

19 of the Convention on Privileges and Immunities of the United

Nations of February 13, 1946, and by the mission itself. Such list

shall set forth for each such motor vehicle, vessel, or aircraft -

(A) the jurisdiction in which it is registered;

(B) the name of the insured;

(C) the name of the insurance company;

(D) the insurance policy number and the extent of insurance

coverage; and

(E) such other information as the Secretary may prescribe.

(b) Surcharge or fee covering unsatisfied part of judgment;

preconditions for imposition

Whenever the Secretary finds that a member of a foreign mission,

a member of the family of such member, or an individual described

in section 19 of the Convention on Privileges and Immunities of the

United Nations of February 13, 1946 -

(1) is at fault for personal injury, death, or property damage

arising out of the operation of a motor vehicle, vessel, or

aircraft in the United States,

(2) is not covered by liability insurance, and

(3) has not satisfied a court-rendered judgment against him or

is not legally liable,

the Secretary shall impose a surcharge or fee on the foreign

mission of which such member or individual is a part, amounting to

the unsatisfied portion of the judgment rendered against such

member or individual or, if there is no court-rendered judgment, an

estimated amount of damages incurred by the victim. The payment of

any such surcharge or fee shall be available only for compensation

of the victim or his estate.

(c) Definitions

For purposes of this section -

(1) the term "head of a foreign mission" has the same meaning

as is ascribed to the term "head of a mission" in Article 1 of

the Vienna Convention on Diplomatic Relations of April 18, 1961

(T.I.A.S. numbered 7502; 23 U.S.T. 3227); and

(2) the terms "members of a mission" and "family" have the same

meanings as is ascribed to them by paragraphs (1) and (2) of

section 254a of this title.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 204A, as added Pub. L.

98-164, title VI, Sec. 603, Nov. 22, 1983, 97 Stat. 1042; amended

Pub. L. 103-236, title I, Sec. 162(o)(4), Apr. 30, 1994, 108 Stat.

410.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a), (b). Pub. L. 103-236 substituted "Secretary"

for "Director" wherever appearing.

-End-

-CITE-

22 USC Sec. 4304b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4304b. Crimes committed by diplomats

-STATUTE-

(a) Annual report concerning diplomatic immunity

(1) Report to Congress

The Secretary of State shall prepare and submit to the

Congress, annually, a report concerning diplomatic immunity

entitled "Report on Cases Involving Diplomatic Immunity".

(2) Content of report

In addition to such other information as the Secretary of State

may consider appropriate, the report under paragraph (1) shall

include the following:

(A) The number of persons residing in the United States who

enjoy full immunity from the criminal jurisdiction of the

United States under laws extending diplomatic privileges and

immunities.

(B) Each case involving an alien described in subparagraph

(A) in which an appropriate authority of a State, a political

subdivision of a State, or the United States reported to the

Department of State that the authority had reasonable cause to

believe the alien committed a serious criminal offense within

the United States, and any additional information provided to

the Secretary relating to other serious criminal offenses that

any such authority had reasonable cause to believe the alien

committed before the period covered by the report. The

Secretary may omit from such report any matter the provision of

which the Secretary reasonably believes would compromise a

criminal investigation or prosecution or which would directly

compromise law enforcement or intelligence sources or methods.

(C) Each case described in subparagraph (B) in which the

Secretary of State has certified that a person enjoys full

immunity from the criminal jurisdiction of the United States

under laws extending diplomatic privileges and immunities.

(D) The number of United States citizens who are residing in

a receiving state and who enjoy full immunity from the criminal

jurisdiction of such state under laws extending diplomatic

privileges and immunities.

(E) Each case involving a United States citizen under

subparagraph (D) in which the United States has been requested

by the government of a receiving state to waive the immunity

from criminal jurisdiction of the United States citizen.

(F) Whether the Secretary has made the notifications referred

to in subsection (c) of this section during the period covered

by the report.

(3) "Serious criminal offense" defined

For the purposes of this section, the term "serious criminal

offense" means -

(A) any felony under Federal, State, or local law;

(B) any Federal, State, or local offense punishable by a term

of imprisonment of more than 1 year;

(C) any crime of violence as defined for purposes of section

16 of title 18; or

(D)(i) driving under the influence of alcohol or drugs;

(ii) reckless driving; or

(iii) driving while intoxicated.

(b) United States policy concerning reform of diplomatic immunity

It is the sense of the Congress that the Secretary of State

should explore, in appropriate fora, whether states should enter

into agreements and adopt legislation -

(1) to provide jurisdiction in the sending state to prosecute

crimes committed in the receiving state by persons entitled to

immunity from criminal jurisdiction under laws extending

diplomatic privileges and immunities; and

(2) to provide that where there is probable cause to believe

that an individual who is entitled to immunity from the criminal

jurisdiction of the receiving state under laws extending

diplomatic privileges and immunities committed a serious crime,

the sending state will waive such immunity or the sending state

will prosecute such individual.

(c) Notification of diplomatic corps

The Secretary should periodically notify each foreign mission of

United States policies relating to criminal offenses committed by

individuals with immunity from the criminal jurisdiction of the

United States under laws extending diplomatic privileges and

immunities.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 204B, as added Pub. L.

105-375, Sec. 1, Nov. 12, 1998, 112 Stat. 3385.)

-COD-

CODIFICATION

Section 1 of Pub. L. 105-375, which directed amendment of title I

of the State Department Basic Authorities Act of 1956 by adding

this section after section 204A, was executed by adding this

section after section 204A of title II of the State Department

Basic Authorities Act of 1956, to reflect the probable intent of

Congress.

-End-

-CITE-

22 USC Sec. 4305 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4305. Property of foreign missions

-STATUTE-

(a) Proposed acquisition, sale, or other disposition

(1) The Secretary shall require any foreign mission, including

any mission to an international organization (as defined in section

4309(b)(2) of this title), to notify the Secretary prior to any

proposed acquisition, or any proposed sale or other disposition, of

any real property by or on behalf of such mission. The foreign

mission (or other party acting on behalf of the foreign mission)

may initiate or execute any contract, proceeding, application, or

other action required for the proposed action -

(A) only after the expiration of the 60-day period beginning on

the date of such notification (or after the expiration of such

shorter period as the Secretary may specify in a given case); and

(B) only if the mission is not notified by the Secretary within

that period that the proposal has been disapproved; however, the

Secretary may include in such a notification such terms and

conditions as the Secretary may determine appropriate in order to

remove the disapproval.

(2) For purposes of this section, "acquisition" includes any

acquisition or alteration of, or addition to, any real property or

any change in the purpose for which real property is used by a

foreign mission.

(b) Divesture

The Secretary may require any foreign mission to divest itself

of, or forgo the use of, any real property determined by the

Secretary -

(1) not to have been acquired in accordance with this section;

(2) to exceed limitations placed on real property available to

a United States mission in the sending State; or

(3) where otherwise necessary to protect the interests of the

United States.

(c) Cessation of diplomatic, consular, and other governmental

activities in United States; protecting power or other agent;

disposition of property

If a foreign mission has ceased conducting diplomatic, consular,

and other governmental activities in the United States and has not

designated a protecting power or other agent approved by the

Secretary to be responsible for the property of that foreign

mission, the Secretary -

(1) until the designation of a protecting power or other agent

approved by the Secretary, may protect and preserve any property

of that foreign mission; and

(2) may dispose of such property at such time as the Secretary

may determine after the expiration of the one-year period

beginning on the date that the foreign mission ceased those

activities, and may remit to the sending State the net proceeds

from such disposition.

(d) Protection from future hostile intelligence activities in

United States

(1) After December 22, 1987, real property in the United States

may not be acquired (by sale, lease, or other means) by or on

behalf of the foreign mission of a foreign country described in

paragraph (4) if, in the judgment of the Secretary of Defense

(after consultation with the Secretary of State), the acquisition

of that property might substantially improve the capability of that

country to intercept communications involving United States

Government diplomatic, military, or intelligence matters.

(2) After December 22, 1987, real property in the United States

may not be acquired (by sale, lease, or other means) by or on

behalf of the foreign mission of a foreign country described in

paragraph (4) if, in the judgment of the Director of the Federal

Bureau of Investigation (after consultation with the Secretary of

State), the acquisition of that property might substantially

improve the capability of that country to engage in intelligence

activities directed against the United States Government, other

than the intelligence activities described in paragraph (1).

(3) The Secretary of State shall inform the Secretary of Defense

and the Director of the Federal Bureau of Investigation immediately

upon notice being given pursuant to subsection (a) of this section

of a proposed acquisition of real property by or on behalf of the

foreign mission of a foreign country described in paragraph (4).

(4) For the purposes of this subsection, the term "foreign

country" means -

(A) any country listed as a Communist country in section

2370(f) of this title;

(B) any country determined by the Secretary of State, for

purposes of section 2405(j) of the Appendix to title 50, to be a

country which has repeatedly provided support for acts of

international terrorism; and

(C) any other country which engages in intelligence activities

in the United States which are adverse to the national security

interests of the United States.

(5) As used in this section, the term "substantially improve"

shall not be construed to prevent the establishment of a foreign

mission by a country which, on December 22, 1987 -

(A) does not have a mission in the United States, or

(B) with respect to a city in the United States, did not

maintain a mission in that city.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 205, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 285; amended

Pub. L. 99-93, title I, Sec. 127(d), (e), Aug. 16, 1985, 99 Stat.

418; Pub. L. 100-204, title I, Sec. 161, Dec. 22, 1987, 101 Stat.

1356; Pub. L. 103-236, title I, Sec. 162(o)(5), Apr. 30, 1994, 108

Stat. 410.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-236, Sec. 162(o)(5)(A),

substituted "Secretary prior to" for "Director prior to" in

introductory provisions.

Subsec. (c)(2). Pub. L. 103-236, Sec. 162(o)(5)(B), struck out

"authorize the Director to" before "dispose of".

1987 - Subsec. (d). Pub. L. 100-204 added subsec. (d).

1985 - Subsec. (a)(1). Pub. L. 99-93, Sec. 127(e), substituted

"shall" for "may" and inserted ", including any mission to an

international organization (as defined in section 4309(b)(2) of

this title)," after "foreign mission" in first sentence, and

substituted "The" for "If such a notification is required, the" in

second sentence.

Subsec. (b)(3). Pub. L. 99-93, Sec. 127(d), added par. (3).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4306, 4307 of this title.

-End-

-CITE-

22 USC Sec. 4306 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4306. Location of foreign missions in the District of Columbia

-STATUTE-

(a) Section as governing location, replacement, or expansion

The location, replacement, or expansion of chanceries in the

District of Columbia shall be subject to this section.

(b) Acceptable areas; limitations and conditions

(1) A chancery shall be permitted to locate as a matter of right

in any area which is zoned commercial, industrial, waterfront, or

mixed-use (CR).

(2) A chancery shall also be permitted to locate -

(A) in any area which is zoned medium-high or high density

residential, and

(B) in any other area, determined on the basis of existing

uses, which includes office or institutional uses, including but

not limited to any area zoned mixed-use diplomatic or special

purpose,

subject to disapproval by the District of Columbia Board of Zoning

Adjustment in accordance with this section.

(3) In each of the areas described in paragraphs (1) and (2), the

limitations and conditions applicable to chanceries shall not

exceed those applicable to other office or institutional uses in

that area.

(c) Filing of application with Board of Zoning Adjustment;

publication of notice; public participation; final determination

(1) If a foreign mission wishes to locate a chancery in an area

described in subsection (b)(2) of this section, or wishes to appeal

an administrative decision relating to a chancery based in whole or

in part upon any zoning map or regulation, it shall file an

application with the Board of Zoning Adjustment which shall publish

notice of that application in the District of Columbia Register.

(2) Regulations issued to carry out this section shall provide

appropriate opportunities for participation by the public in

proceedings concerning the location, replacement, or expansion of

chanceries.

(3) A final determination concerning the location, replacement,

or expansion of a chancery shall be made not later than six months

after the date of the filing of an application with respect to such

location, replacement, or expansion. Such determination shall not

be subject to the administrative proceedings of any other agency or

official except as provided in this chapter.

(d) Criteria for determination

Any determination concerning the location of a chancery under

subsection (b)(2) of this section, or concerning an appeal of an

administrative decision with respect to a chancery based in whole

or in part upon any zoning regulation or map, shall be based solely

on the following criteria:

(1) The international obligation of the United States to

facilitate the provision of adequate and secure facilities for

foreign missions in the Nation's Capital.

(2) Historic preservation, as determined by the Board of Zoning

Adjustment in carrying out this section; and in order to ensure

compatibility with historic landmarks and districts, substantial

compliance with District of Columbia and Federal regulations

governing historic preservation shall be required with respect to

new construction and to demolition of or alteration to historic

landmarks.

(3) The adequacy of off-street or other parking and the extent

to which the area will be served by public transportation to

reduce parking requirements, subject to such special security

requirements as may be determined by the Secretary, after

consultation with Federal agencies authorized to perform

protective services.

(4) The extent to which the area is capable of being adequately

protected, as determined by the Secretary, after consultation

with Federal agencies authorized to perform protective services.

(5) The municipal interest, as determined by the Mayor of the

District of Columbia.

(6) The Federal interest, as determined by the Secretary.

(e) Consistency of regulations, proceedings, and other actions;

review and comment by National Planning Commission

(1) Regulations, proceedings, and other actions of the National

Capital Planning Commission, the Zoning Commission for the District

of Columbia, and the Board of Zoning Adjustment affecting the

location, replacement, or expansion of chanceries shall be

consistent with this section (including the criteria set out in

subsection (d) of this section) and shall reflect the policy of

this chapter.

(2) Proposed actions of the Zoning Commission concerning

implementation of this section shall be referred to the National

Capital Planning Commission for review and comment.

(f) Rule-making nature of proceedings

Regulations issued to carry out this section shall provide for

proceedings of a rule-making and not of an adjudicatory nature.

(g) Compliance with District of Columbia building and related codes

The Secretary shall require foreign missions to comply

substantially with District of Columbia building and related codes

in a manner determined by the Secretary to be not inconsistent with

the international obligations of the United States.

(h) Approval of Board of Zoning Adjustment or Zoning Commission not

required

Approval by the Board of Zoning Adjustment or the Zoning

Commission or, except as provided in section 4305 of this title, by

any other agency or official is not required -

(1) for the location, replacement, or expansion of a chancery

to the extent that authority to proceed, or rights or interests,

with respect to such location, replacement, or expansion were

granted to or otherwise acquired by the foreign mission before

October 1, 1982; or

(2) for continuing use of a chancery by a foreign mission to

the extent that the chancery was being used by a foreign mission

on October 1, 1982.

(i) Membership on Zoning Commission and Board of Zoning Adjustment

(1) The President may designate the Secretary of Defense, the

Secretary of the Interior, or the Administrator of General Services

(or such alternate as such official may from time to time

designate) to serve as a member of the Zoning Commission in lieu of

the Director of the National Park Service whenever the President

determines that the Zoning Commission is performing functions

concerning the implementation of this section.

(2) Whenever the Board of Zoning Adjustment is performing

functions regarding an application by a foreign mission with

respect to the location, expansion, or replacement of a chancery -

(A) the representative from the Zoning Commission shall be the

Director of the National Park Service or if another person has

been designated under paragraph (1) of this subsection, the

person so designated; and

(B) the representative from the National Capital Planning

Commission shall be the Executive Director of that Commission.

(j) Application of other laws

Provisions of law (other than this chapter) applicable with

respect to the location, replacement, or expansion of real property

in the District of Columbia shall apply with respect to chanceries

only to the extent that they are consistent with this section.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 206, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 286.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4309 of this title.

-End-

-CITE-

22 USC Sec. 4307 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4307. Preemption

-STATUTE-

Notwithstanding any other law, no act of any Federal agency shall

be effective to confer or deny any benefit with respect to any

foreign mission contrary to this chapter. Nothing in section 4302,

4303, 4304, or 4305 of this title may be construed to preempt any

State or municipal law or governmental authority regarding zoning,

land use, health, safety, or welfare, except that a denial by the

Secretary involving a benefit for a foreign mission within the

jurisdiction of a particular State or local government shall be

controlling.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 207, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 288.)

-End-

-CITE-

22 USC Sec. 4308 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4308. General provisions

-STATUTE-

(a) Issuance of regulations

The Secretary may issue such regulations as the Secretary may

determine necessary to carry out the policy of this chapter.

(b) Discharge of obligation; liability

Compliance with any regulation, instruction, or direction issued

by the Secretary under this chapter shall to the extent thereof be

a full acquittance and discharge for all purposes of the obligation

of the person making the same. No person shall be held liable in

any court or administrative proceeding for or with respect to

anything done or omitted in good faith in connection with the

administration of, or pursuant to and in reliance on, this chapter,

or any regulation, instruction, or direction issued by the

Secretary under this chapter.

(c) Use of employees from other Federal agencies; experts and

consultants

For purposes of administering this chapter -

(1) the Secretary may accept details and assignments of

employees of Federal agencies to the Department of State on a

reimbursable or nonreimbursable basis (with any such

reimbursements to be credited to the appropriations made

available for the salaries and expenses of officers and employees

of the employing agency); and

(2) the Secretary may, to the extent necessary to obtain

services without delay, exercise his authority to employ experts

and consultants under section 3109 of title 5 without requiring

compliance with such otherwise applicable requirements for that

employment as the Secretary may determine, except that such

employment shall be terminated after 60 days if by that time

those requirements are not complied with.

(d) Contracts and subcontracts for supplies and services;

advertisement; factors considered

Contracts and subcontracts for supplies or services, including

personal services, made by or on behalf of the Secretary shall be

made after advertising, in such manner and at such times as the

Secretary shall determine to be adequate to ensure notice and

opportunity for competition, except that advertisement shall not be

required when (1) the Secretary determines that it is impracticable

or will not permit timely performance to obtain bids by

advertising, or (2) the aggregate amount involved in a purchase of

supplies or procurement of services does not exceed $10,000. Such

contracts and subcontracts may be entered into without regard to

laws and regulations otherwise applicable to solicitation,

negotiation, administration, and performance of government

contracts. In awarding contracts, the Secretary may consider such

factors as relative quality and availability of supplies or

services and the compatibility of the supplies or services with

implementation of this chapter.

(e) Transfer or loan of property to or from Department of State

The head of any Federal agency may, for purposes of this chapter

-

(1) transfer or loan any property to, and perform

administrative and technical support functions and services for

the operations of, the Department of State (with reimbursements

to agencies under this paragraph to be credited to the current

applicable appropriation of the agency concerned); and

(2) acquire and accept services from the Department of State,

including (whenever the Secretary determines it to be in

furtherance of the purposes of this chapter) acquisitions without

regard to laws normally applicable to the acquisition of services

by such agency.

(f) Attachment, execution, etc., of assets

Assets of or under the control of the Department of State,

wherever situated, which are used by or held for the use of a

foreign mission shall not be subject to attachment, execution,

injunction, or similar process, whether intermediate or final.

(g) Discretion of Secretary

Except as otherwise provided, any determination required under

this chapter shall be committed to the discretion of the Secretary.

(h) Transfer and credit of funds

(1) In order to implement this chapter, the Secretary may

transfer to the working capital fund established by section 2684 of

this title such amounts available to the Department of State as may

be necessary.

(2) All revenues, including proceeds from gifts and donations,

received by the Secretary in carrying out this chapter may be

credited to the working capital fund established by section 2684 of

this title and shall be available for purposes of this chapter in

accordance with that section.

(3) Only amounts transferred or credited to the working capital

fund established by section 2684 of this title may be used in

carrying out the functions of the Secretary or the Director under

this chapter.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 208, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 288; amended

Pub. L. 103-236, title I, Sec. 162(o)(6), Apr. 30, 1994, 108 Stat.

410.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c)(1). Pub. L. 103-236, Sec. 162(o)(6)(B),

substituted "Department of State" for "Office of Foreign Missions".

Subsec. (d). Pub. L. 103-236, Sec. 162(o)(6)(A), substituted

"behalf of the Secretary" for "behalf of the Director".

Subsecs. (e), (f). Pub. L. 103-236, Sec. 162(o)(6)(B),

substituted "Department of State" for "Office of Foreign Missions"

wherever appearing.

Subsec. (h)(2). Pub. L. 103-236, Sec. 162(o)(6)(C), struck out

"Director or the" after "received by the".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4304, 4314 of this title;

title 28 section 1610.

-End-

-CITE-

22 USC Sec. 4309 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4309. Application to public international organizations and

official missions to such organizations

-STATUTE-

(a) Determination by Secretary

The Secretary may make section 4306 of this title, or any other

provision of this chapter, applicable with respect to an

international organization to the same extent that it is applicable

with respect to a foreign mission if the Secretary determines that

such application is necessary to carry out the policy set forth in

section 4301(b) of this title and to further the objectives set

forth in section 4304(b) of this title.

(b) "International organization" defined

For purposes of this section, "international organization" means

-

(1) a public international organization designated as such

pursuant to the International Organizations Immunities Act (22

U.S.C. 288 - 288f-2) or a public international organization

created pursuant to a treaty or other international agreement as

an instrument through or by which two or more foreign governments

engage in some aspect of their conduct of international affairs;

and

(2) an official mission (other than a United States mission) to

such a public international organization,

including any real property of such an organization or mission and

including the personnel of such an organization or mission.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 209, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 289.)

-REFTEXT-

REFERENCES IN TEXT

The International Organizations Immunities Act, referred to in

subsec. (b)(1), is act Dec. 29, 1945, ch. 652, title I, 59 Stat.

669, as amended, which is classified principally to subchapter

XVIII (Sec. 288 et seq.) of chapter 7 of this title. For complete

classification of that Act to the Code, see Short Title note set

out under section 288 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2709, 4302, 4305, 4315,

4316 of this title.

-End-

-CITE-

22 USC Sec. 4309a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4309a. United States responsibilities for employees of the

United Nations

-STATUTE-

(a) Findings

The Congress finds that -

(1) pursuant to the Agreement Between the United States and the

United Nations Regarding the Headquarters of the United Nations

(authorized by Public Law 80-357 (22 U.S.C. 287 note)), the

United States has accepted -

(A) the obligation to permit and to facilitate the right of

individuals, who are employed by or are authorized by the

United Nations to conduct official business in connection with

that organization or its agencies, to enter into and exit from

the United States for purposes of conducting official

activities within the United Nations Headquarters District,

subject to regulation as to points of entry and departure; and

(B) the implied obligation to permit and to facilitate the

acquisition of facilities in order to conduct such activities

within or in proximity to the United Nations Headquarters

District, subject to reasonable regulation including regulation

of the location and size of such facilities; and

(2) taking into account paragraph (1) and consistent with the

obligation of the United States to facilitate the functioning of

the United Nations, the United States has no additional

obligation to permit the conduct of any other activities,

including nonofficial activities, by such individuals outside of

the United Nations Headquarters District.

(b) Activities of United Nations employees

(1) The conduct of any activities, or the acquisition of any

benefits (as defined in section 4301(a)(1) of this title), outside

the United Nations Headquarters District by any individual employed

by, or authorized by the United Nations to conduct official

business in connection with, that organization or its agencies, or

by any person or agency acting on behalf thereof, may be permitted

or denied or subject to reasonable regulation, as determined to be

in the best interests of the United States and pursuant to this

chapter.

(2) Repealed. Pub. L. 103-236, title I, Sec. 139(26), Apr. 30,

1994, 108 Stat. 399.

(c) Reports

The Secretary shall report to the Congress -

(1) not later than 30 days after August 16, 1985, on the plans

of the Secretary for implementing this section; and

(2) not later than 6 months thereafter, on the actions taken

pursuant to those plans.

(d) United States nationals

This section shall not apply with respect to any United States

national.

(e) "United Nations Headquarters District" defined

For purposes of this section, the term "United Nations

Headquarters District" means the area within the United States

which is agreed to by the United Nations and the United States to

constitute such a district, together with such other areas as the

Secretary of State may approve from time to time in order to permit

effective functioning of the United Nations or missions to the

United Nations.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 209A, as added Pub. L.

99-93, title I, Sec. 141, Aug. 16, 1985, 99 Stat. 423; amended Pub.

L. 103-236, title I, Sec. 139(26), Apr. 30, 1994, 108 Stat. 399.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 80-357, referred to in subsec. (a)(1), is act Aug. 4,

1947, ch. 482, 61 Stat. 756, which is set out as a note under

section 287 of this title.

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2). Pub. L. 103-236 struck out par. (2) which

read as follows: "The Secretary shall apply to those employees of

the United Nations Secretariat who are nationals of a foreign

country or members of a foreign mission all terms, limitations,

restrictions, and conditions which are applicable pursuant to this

chapter to the members of that country's mission or of any other

mission to the United Nations unless the Secretary determines and

reports to the Congress that national security and foreign policy

circumstances require that this paragraph be waived in specific

circumstances."

-End-

-CITE-

22 USC Sec. 4310 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4310. Privileges and immunities

-STATUTE-

Nothing in this chapter shall be construed to limit the authority

of the United States to carry out its international obligations, or

to supersede or limit immunities otherwise available by law. No act

or omission by any foreign mission, public international

organization, or official mission to such an organization, in

compliance with this chapter shall be deemed to be an implied

waiver of any immunity otherwise provided for by law.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 210, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 290.)

-End-

-CITE-

22 USC Sec. 4311 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4311. Enforcement

-STATUTE-

(a) Benefits to foreign missions contrary to this chapter; standing

of United States to bring action for compliance

It shall be unlawful for any person to make available any

benefits to a foreign mission contrary to this chapter. The United

States, acting on its own behalf or on behalf of a foreign mission,

has standing to bring or intervene in an action to obtain

compliance with this chapter, including any action for injunctive

or other equitable relief.

(b) Advice of Secretary concerning transactions with foreign

missions

Upon the request of any Federal agency, any State or local

government agency, or any business or other person that proposes to

enter into a contract or other transaction with a foreign mission,

the Secretary shall advise whether the proposed transaction is

prohibited by any regulation or determination of the Secretary

under this chapter.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 211, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 290.)

-End-

-CITE-

22 USC Sec. 4312 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4312. Presidential guidelines

-STATUTE-

The authorities granted to the Secretary pursuant to the

provisions of this chapter shall be exercised in accordance with

procedures and guidelines approved by the President.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 212, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 290.)

-End-

-CITE-

22 USC Sec. 4313 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4313. Severability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstance is held invalid, the remainder of this

chapter and the application of such provision to any other person

or circumstance shall not be affected thereby.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 213, as added Pub. L.

97-241, title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 290.)

-End-

-CITE-

22 USC Sec. 4314 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4314. Extraordinary protective services

-STATUTE-

(a) General authority

The Secretary may provide extraordinary protective services for

foreign missions directly, by contract, or through State or local

authority to the extent deemed necessary by the Secretary in

carrying out this chapter, except that the Secretary may not

provide under this section any protective services for which

authority exists to provide such services under sections 202(7)

(!1) and 208 of title 3.

(b) Requirement of extraordinary circumstances

The Secretary may provide funds to a State or local authority for

protective services under this section only if the Secretary has

determined that a threat of violence, or other circumstances,

exists which requires extraordinary security measures which exceed

those which local law enforcment (!2) agencies can reasonably be

expected to take.

(c) Repealed. Pub. L. 103-236, title I, Sec. 139(2), Apr. 30, 1994,

108 Stat. 397

(d) Restrictions on use of funds

Of the funds made available for obligation under this section in

any fiscal year -

(1) not more than 20 percent may be obligated for protective

services within any single State during that year; and

(2) not less than 15 percent shall be retained as a reserve for

protective services provided directly by the Secretary or for

expenditures in local jurisdictions not otherwise covered by an

agreement for protective services under this section.

The limitations on funds available for obligation in this

subsection shall not apply to unobligated funds during the final

quarter of any fiscal year.

(e) Period of agreement with State or local authority

Any agreement with a State or local authority for the provision

of protective services under this section shall be for a period of

not to exceed 90 days in any calendar year, but such agreements may

be renewed after review by the Secretary.

(f) Requirement for appropriations

Contracts may be entered into in carrying out this section only

to such extent or in such amounts as are provided in advance in

appropriation Acts.

(g) Working capital fund

Amounts used to carry out this section shall not be subject to

section 4308(h) of this title.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 214, as added Pub. L. 99-93,

title I, Sec. 126(a), Aug. 16, 1985, 99 Stat. 417; amended Pub. L.

103-236, title I, Sec. 139(2), Apr. 30, 1994, 108 Stat. 397.)

-REFTEXT-

REFERENCES IN TEXT

Section 202(7) of title 3, referred to in subsec. (a), was

redesignated section 202(8) of title 3 by Pub. L. 99-500 and Pub.

L. 99-591.

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-236 struck out subsec. (c) which

read as follows: "Funds may be obligated under this section only

after regulations to implement this section have been issued by the

Secretary after consultation with appropriate committees of the

Congress."

EFFECTIVE DATE

Section 126(e) of Pub. L. 99-93 provided that: "The amendments

made by this section [enacting this section and amending section

4304 of this title and section 208 of Title 3, The President] shall

take effect on October 1, 1985."

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "enforcement".

-End-

-CITE-

22 USC Sec. 4315 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4315. Use of foreign mission in manner incompatible with its

status as foreign mission

-STATUTE-

(a) Establishment of limitation on certain uses

A foreign mission may not allow an unaffiliated alien the use of

any premise of that foreign mission which is inviolable under

United States law (including any treaty) for any purpose which is

incompatible with its status as a foreign mission, including use as

a residence.

(b) Temporary lodging

For the purposes of this section, the term "residence" does not

include such temporary lodging as may be permitted under

regulations issued by the Secretary.

(c) Waiver

The Secretary may waive subsection (a) of this section with

respect to all foreign missions of a country (and may revoke such a

waiver) 30 days after providing written notification of such a

waiver, together with the reasons for such waiver (or revocation of

such a waiver), to the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate.

(d) Report

Not later than 180 days after December 22, 1987, the Secretary of

State shall submit a report to the Congress concerning the

implementation of this section and shall submit such other reports

to the Congress concerning changes in implementation as may be

necessary.

(e) Definitions

For the purposes of this section -

(1) the term "foreign mission" includes any international

organization as defined in section 4309(b) of this title; and

(2) the term "unaffiliated alien" means, with respect to a

foreign country, an alien who -

(A) is admitted to the United States as a nonimmigrant, and

(B) is not a member, or a family member of a member, of a

foreign mission of that foreign country.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 215, as added Pub. L.

100-204, title I, Sec. 128(a), Dec. 22, 1987, 101 Stat. 1343.)

-COD-

CODIFICATION

December 22, 1987, referred to in subsec. (d), was in the

original "the date of the enactment of this Act", which was

translated as meaning the date of enactment of Pub. L. 100-204,

which enacted this section, to reflect the probable intent of

Congress.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC1-

EFFECTIVE DATE

Section 128(b) of Pub. L. 100-204 provided that:

"(1) Except as provided in paragraph (2), the amendment made by

subsection (a) [enacting this section] shall apply to any foreign

mission beginning on the date of enactment of this Act [Dec. 22,

1987].

"(2)(A) The amendment made by subsection (a) shall apply

beginning 6 months after the date of enactment of this Act with

respect to any nonimmigrant alien who is using a foreign mission as

a residence or a place of business on the date of enactment of this

Act.

"(B) The Secretary of State may delay the effective date provided

for in subparagraph (A) for not more than 6 months with respect to

any nonimmigrant alien if the Secretary finds that a hardship to

that alien would result from the implementation of subsection (a)."

-End-

-CITE-

22 USC Sec. 4316 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53 - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN

MISSIONS

-HEAD-

Sec. 4316. Application of travel restrictions to personnel of

certain countries and organizations

-STATUTE-

(a) Requirement for restrictions

The Secretary shall apply the same generally applicable

restrictions to the travel while in the United States of the

individuals described in subsection (b) of this section as are

applied under this chapter to the members of the missions of the

Soviet Union in the United States.

(b) Individuals subject to restrictions

The restrictions required by subsection (a) of this section shall

be applied with respect to those individuals who (as determined by

the Secretary) are -

(1) the personnel of an international organization, if the

individual is a national of any foreign country whose government

engages in intelligence activities in the United States that are

harmful to the national security of the United States;

(2) the personnel of a mission to an international

organization, if that mission is the mission of a foreign

government that engages in intelligence activities in the United

States that are harmful to the national security of the United

States; or

(3) the family members or dependents of an individual described

in paragraphs (1) and (2);

and who are not nationals or permanent resident aliens of the

United States.

(c) Waivers

The Secretary, after consultation with the Director of Central

Intelligence and the Director of the Federal Bureau of

Investigation, may waive application of the restrictions required

by subsection (a) of this section if the Secretary determines that

the national security and foreign policy interests of the United

States so require.

(d) Repealed. Pub. L. 103-236, title I, Sec. 139(3), Apr. 30, 1994,

108 Stat. 397

(e) Definitions

For purposes of this section -

(1) the term "generally applicable restrictions" means any

limitations on the radius within which unrestricted travel is

permitted and obtaining travel services through the auspices of

the Office of Foreign Missions for travel elsewhere, and does not

include any restrictions which unconditionally prohibit the

members of missions of the Soviet Union in the United States from

traveling to designated areas of the United States and which are

applied as a result of particular factors in relations between

the United States and the Soviet Union.(!1)

(2) the term "international organization" means an organization

described in section 4309(b)(1) of this title; and

(3) the term "personnel" includes -

(A) officers, employees, and any other staff member, and

(B) any individual who is retained under contract or other

arrangement to serve functions similar to those of an officer,

employee, or other staff member.

-SOURCE-

(Aug. 1, 1956, ch. 841, title II, Sec. 216, as added Pub. L.

100-204, title I, Sec. 162(a), Dec. 22, 1987, 101 Stat. 1357;

amended Pub. L. 103-236, title I, Sec. 139(3), Apr. 30, 1994, 108

Stat. 397.)

-MISC1-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-236 struck out heading and text

of subsec. (d). Text read as follows: "The Secretary shall transmit

to the Select Committee on Intelligence and the Committee on

Foreign Relations of the Senate, and to the Permanent Select

Committee on Intelligence and the Committee on Foreign Affairs of

the House of Representatives, not later than six months after

December 22, 1987, and not later than every six months thereafter,

a report on the actions taken by the Secretary in carrying out this

section during the previous six months."

EFFECTIVE DATE

Section 162(b) of Pub. L. 100-204 provided that: "Subsection (a)

of the section enacted by this section [this section] shall take

effect 90 days after the date of enactment of this Act [Dec. 22,

1987]."

-TRANS-

AUTHORITY OF SECRETARY OF STATE

Except as otherwise provided, Secretary of State to have and

exercise any authority vested by law in any official or office of

Department of State and references to such officials or offices

deemed to refer to Secretary of State or Department of State, as

appropriate, see section 2651a of this title and section 161(d) of

Pub. L. 103-236, set out as a note under section 2651a of this

title.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-