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22 USC CHAPTER 53A - DISPOSITION OF PERSONAL PROPERTY

ABROAD 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53A - DISPOSITION OF PERSONAL PROPERTY ABROAD

-HEAD-

CHAPTER 53A - DISPOSITION OF PERSONAL PROPERTY ABROAD

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Sec.

4341. Definitions.

4342. Limitations on disposition of personal property.

(a) General rule.

(b) Approval by chief of mission.

(c) Violation.

4343. Regulations.

(a) Issuance; purpose.

(b) Contractors.

(c) Chief of mission.

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22 USC Sec. 4341 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53A - DISPOSITION OF PERSONAL PROPERTY ABROAD

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Sec. 4341. Definitions

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For purposes of this chapter, the following terms have the

following meanings:

(1) The term "employee" means an individual who is under the

jurisdiction of a chief of mission to a foreign country (as

provided under section 3927 of this title) and who is -

(A) an employee as defined by section 2105 of title 5;

(B) an officer or employee of the United States Postal

Service or of the Postal Rate Commission;

(C) a member of a uniformed service who is not under the

command of an area military commander; or

(D) an expert or consultant as authorized pursuant to section

3109 of title 5 with the United States or any agency,

department, or establishment thereof; but is not a national or

permanent resident of the foreign country in which employed.

(2) The term "contractor" means -

(A) an individual employed by personal services contract

pursuant to section 2669(c) of this title, section 2396(a)(3)

of this title, or pursuant to other similar authority,

including, in the case of an organization performing services

under such authority, an individual involved in the performance

of such services; and

(B) such other individuals or firms providing goods or

services by contract as are designated by regulations issued

pursuant to section 4343 of this title;

but does not include a contractor with or under the supervision

of an area military commander.

(3) The term "charitable contribution" means a contribution or

gift as defined in section 170(c) of title 26, or other similar

contribution or gift to a bona fide charitable foreign entity as

determined pursuant to regulations or policies issued pursuant to

section 4343 of this title.

(4) The term "chief of mission" has the meaning given such term

by section 3902(3) of this title.

(5) The term "foreign country" means any country or territory,

excluding the United States, the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, the Trust Territory

of the Pacific Islands, American Samoa, Guam, the Virgin Islands,

and other territories or possessions of the United States.

(6) The term "personal property" means any item of personal

property, including automobiles, computers, boats, audio and

video equipment, and any other items acquired for personal use,

but excluding items of minimal value as determined by regulation

or policy issued pursuant to section 4343 of this title.

(7) The term "profit" means any proceeds (including cash and

other valuable consideration but not including amounts of such

proceeds given as charitable contributions) for the sale,

disposition, or assignment of personal property in excess of the

basis for such property. For purposes of this chapter, basis

shall include initial price, inland and overseas transportation

costs (if not reimbursed by the United States Government),

shipping insurance, taxes, customs fees, duties or other charges,

and capital improvements, but shall not include insurance on an

item while in use, or maintenance and related costs. For purposes

of computing profit, proceeds and costs shall be valued in United

States dollars at the time of receipt or payment, at a rate of

exchange as determined by regulation or policy issued pursuant to

section 4343 of this title.

-SOURCE-

(Aug. 1, 1956, ch. 841, title III, Sec. 301, as added Pub. L.

100-204, title I, Sec. 186(a), Dec. 22, 1987, 101 Stat. 1366.)

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EFFECTIVE DATE

Section 186(b) of Pub. L. 100-204 provided that: "This section

[enacting this chapter] shall take effect 180 days after the date

of enactment of this Act [Dec. 22, 1987]."

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TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

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22 USC Sec. 4342 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53A - DISPOSITION OF PERSONAL PROPERTY ABROAD

-HEAD-

Sec. 4342. Limitations on disposition of personal property

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(a) General rule

Except as authorized under subsection (b) of this section,

employees or members of their family shall not sell, assign, or

otherwise dispose of personal property within a foreign country

which was imported into or purchased within that foreign country

and which, by virtue of the official status of the employee, was

exempt from import limitation, customs duties, or taxes which would

otherwise apply.

(b) Approval by chief of mission

The chief of mission to a foreign country, or a designee of such

chief of mission, is authorized to approve within that foreign

country sales, assignment, or other dispositions of property by

employees under the chief of mission's jurisdiction (as described

in section 3927 of this title) to the extent that such sale,

assignment, or other disposition is in accordance with regulations

and policies, rules, and procedures issued pursuant to section 4343

of this title.

(c) Violation

Violation of this section, or other importation, sale, or other

disposition of personal property within a foreign country which

violates its laws or regulations or governing international law and

is prohibited by regulations and policies, rules, and procedures

issued pursuant to section 4343 of this title, shall be grounds for

disciplinary action against an employee.

-SOURCE-

(Aug. 1, 1956, ch. 841, title III, Sec. 302, as added Pub. L.

100-204, title I, Sec. 186(a), Dec. 22, 1987, 101 Stat. 1368.)

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22 USC Sec. 4343 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 53A - DISPOSITION OF PERSONAL PROPERTY ABROAD

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Sec. 4343. Regulations

-STATUTE-

(a) Issuance; purpose

The Secretary of State may issue regulations to carry out the

purposes of this chapter. The primary purpose of such regulations

and related policies, rules, and procedures shall be to assure that

employees and members of their families do not profit personally

from sales or other transactions with persons who are not

themselves entitled to exemption from import restrictions, duties,

or taxes.

(b) Contractors

Such regulations shall require that, to the extent contractors

enjoy importation or tax privileges in a foreign country because of

their contractual relationship to the United States Government,

after the effective date of this chapter contracting agencies shall

include provisions in their contracts to carry out the purpose of

this chapter.

(c) Chief of mission

In order to ensure that due account is taken of local conditions,

including applicable laws, markets, exchange rate factors, and

accommodation exchange facilities, such regulations may authorize

the chief of mission to each foreign country to establish more

detailed policies, rules, or procedures for the application of this

chapter within that country to employees under the chief of

mission's jurisdiction.

-SOURCE-

(Aug. 1, 1956, ch. 841, title III, Sec. 303, as added Pub. L.

100-204, title I, Sec. 186(a), Dec. 22, 1987, 101 Stat. 1368.)

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REFERENCES IN TEXT

For the effective date of this chapter, referred to in subsec.

(b), as being 180 days after Dec. 22, 1987, see section 186(b) of

Pub. L. 100-204 set out as an Effective Date note under section

4341 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4341, 4342 of this title.

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