22 U.S.C. § 4303 — Authorities of Secretary of State

Page 1569 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4303 Pub. L. 100–204, title I, § 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, ac- cess 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, § 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 L. 100–204 was also repealed by Pub.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, § 139(15), Apr. 30, 1994, 108 Stat. 398. § 4302. Definitions (a) For purposes of this chapter— (1) ‘‘benefit’’ (with respect to a foreign mis- sion) means any acquisition, or authorization for an acquisition, in the United States by or for a foreign mission, including the acquisi- tion of— (A) real property by purchase, lease, ex- change, construction, or otherwise, (B) public services, including services re- lating to customs, importation, and utili- ties, and the processing of applications or re- quests relating to public services, (C) supplies, maintenance, and transpor- tation, (D) locally engaged staff on a temporary or regular basis, (E) travel and related services, (F) protective services, and (G) financial and currency exchange serv- ices, and includes such other benefits as the Sec- retary may designate; (2) ‘‘chancery’’ means the principal offices of a foreign mission used for diplomatic or re- lated purposes, and annexes to such offices (in- cluding ancillary offices and support facili- ties), 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 inter- national 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, includ- ing any office or other building; (5) ‘‘Secretary’’ means the Secretary of State; (6) ‘‘sending State’’ means the foreign gov- ernment, territory, or political entity rep- resented by a foreign mission; and (7) ‘‘United States’’ means, when used in a geographic sense, the several States, the Dis- trict of Columbia, the Commonwealth of Puer- to Rico, and the territories and possessions of the United States. (b) Determinations with respect to the mean- ing and applicability of the terms used in sub- section (a) shall be committed to the discretion of the Secretary. (Aug. 1, 1956, ch. 841, title II, § 202, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 283; amended Pub. L. 99–93, title I, § 127(b), Aug. 16, 1985, 99 Stat. 418; Pub. L. 99–569, title VII, § 701, Oct. 27, 1986, 100 Stat. 3204; Pub. L. 100–204, title I, § 153(e), Dec. 22, 1987, 101 Stat. 1353; Pub. L. 103–236, title I, § 162(o)(1), Apr. 30, 1994, 108 Stat. 409.) Editorial Notes 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, § 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. 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 diplo- matic, consular, or other activities of, or which is sub- stantially owned or effectively controlled by’’ for ‘‘in- volving diplomatic, consular, or other governmental activities of’’. 1985—Subsec. (a)(4). Pub. L. 99–93 substituted ‘‘mis- sion to or agency in’’ for ‘‘official mission to’’ in intro- ductory 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental 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 Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title. § 4303. Authorities of Secretary of State The Secretary shall carry out the following functions: (1) Assist agencies of Federal, State, and municipal government with regard to ascertaining and according benefits, privi- leges, and immunities to which a foreign mis- sion may be entitled. Page 1570 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4304 1 See References in Text note below. (2) Provide or assist in the provision of bene- fits for or on behalf of a foreign mission in ac- cordance with section 4304 of this title. (3) As determined by the Secretary, dispose of property acquired in carrying out the pur- poses of this chapter.1 (4) As determined by the Secretary, des- ignate an office within the Department of State to carry out the purposes of this chap- ter.1 If such an office is established, the Presi- dent 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 in- dividual who has served in the United States intelligence community. (5) Perform such other functions as the Sec- retary may determine necessary in further- ance of the policy of this chapter. (Aug. 1, 1956, ch. 841, title II, § 203, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 284; amended Pub. L. 98–164, title VI, § 604(a), (b), Nov. 22, 1983, 97 Stat. 1043, 1044; Pub. L. 98–618, title VI, § 601(c), Nov. 8, 1984, 98 Stat. 3303; Pub. L. 100–204, title I, § 173(a)(2), Dec. 22, 1987, 101 Stat. 1360; Pub. L. 101–246, title I, § 116(a), Feb. 16, 1990, 104 Stat. 24; Pub. L. 103–236, title I, § 162(o)(2), Apr. 30, 1994, 108 Stat. 409.) Editorial Notes 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, § 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. 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 Of- fice, 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, § 601(c)(1), struck out requirements that Director be an individual with: min- imum of ten years service in the Foreign Service, sig- nificant administrative experience, and service in coun- tries 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, § 601(c)(2), substituted re- quirement of prior complementary service of the Direc- tor and Deputy Director in the Foreign Service and the Intelligence Community for requirement that Deputy Director must have served in the Intelligence Commu- nity. 1983—Subsec. (a). Pub. L. 98–164, § 604(a), inserted pro- visions respecting rank, and experience required of the Director, and substituted provision requiring appoint- ment by the President by and with the advice and con- sent of the Senate, for provision requiring appointment by the Secretary. Subsecs. (b), (c). Pub. L. 98–164, § 604(b), added subsec. (b) and redesignated former subsec. (b) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental 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 Pub. L. 98–618, title VI, § 601(d), Nov. 8, 1984, 98 Stat. 3303, provided that: ‘‘The amendments made by sub- section (c) [amending this section] shall apply only with respect to any appointment of a Director or Dep- uty 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 Pub. L. 98–164, title VI, § 604(c), Nov. 22, 1983, 97 Stat. 1044, provided that: ‘‘The amendments made by this section [amending this section] shall apply with re- spect 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].’’ EFFECTIVE DATE Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title. 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 sec- tion 173(c) of Pub. L. 100–204, set out as a note under section 2707 of this title. § 4304. Provision of benefits (a) Request by foreign mission; terms and condi- tions 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 reci- procity 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 ob- taining benefits for missions of the United States abroad, (4) to assist in resolving a dispute affecting United States interests and involving a for- eign mission or sending State, or (5) subject to subsection (f), to implement an exchange of property between the Government