22 U.S.C. § 4301 — Congressional declaration of findings and

Page 1568 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4301 Editorial Notes CODIFICATION ‘‘Section 3302(b) of title 31’’ substituted in text for ‘‘Section 3617 of the Revised Statutes of the United States (U.S.C., title 31, sec. 484)’’, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. Section was not enacted as part of the Foreign Serv- ice Act of 1980 which comprises this chapter. Section was formerly classified to section 814 of this title, and prior thereto to section 23l of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1931, see section 7 of act Feb. 23, 1931, set out as an Effective Date of 1931 Amendment note under section 4224 of this title. CHAPTER 53—AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS Sec. 4301. Congressional declaration of findings and pol- icy. 4302. Definitions. 4303. Authorities of Secretary of State. 4304. Provision of benefits. 4304a. Enforcement of compliance with liability in- surance requirements. 4304b. Crimes committed by diplomats. 4305. Property of foreign missions. 4306. Location of foreign missions in the District of Columbia. 4307. Preemption. 4308. General provisions. 4309. Application to public international organiza- tions and official missions to such organiza- tions. 4309a. United States responsibilities for employees of the United Nations. 4310. Privileges and immunities. 4311. Enforcement. 4312. Presidential guidelines. 4313. Severability. 4314. Extraordinary protective services. 4315. Use of foreign mission in manner incompat- ible with its status as foreign mission. 4316. Application of travel restrictions to per- sonnel of certain countries and organiza- tions. § 4301. Congressional declaration of findings and policy (a) Findings The Congress finds that the operation in the United States of foreign missions and public international organizations and the official mis- sions to such organizations, including the per- missible scope of their activities and the loca- tion and size of their facilities, is a proper sub- ject 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 effi- cient operation of United States missions abroad, to facilitate the secure and efficient op- eration 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, privi- leges, and immunities for those missions and or- ganizations 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 mis- sion in the United States shall be determined by the Secretary after due consideration of the ben- efits, 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. (Aug. 1, 1956, ch. 841, title II, § 201, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 283; amended Pub. L. 99–93, title I, § 127(a), Aug. 16, 1985, 99 Stat. 418.) Editorial Notes AMENDMENTS 1985—Subsec. (c). Pub. L. 99–93 inserted ‘‘, as well as matters relating to the protection of the interests of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 97–241, title II, § 204, Aug. 24, 1982, 96 Stat. 291, provided that: ‘‘The amendments made by this title [see Short Title note below] shall take effect on Octo- ber 1, 1982.’’ SHORT TITLE OF 1983 AMENDMENT Pub. L. 98–164, title VI, § 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 Pub. L. 97–241, title II, § 201, Aug. 24, 1982, 96 Stat. 282, 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 Mis- sions Act’.’’ UNITED STATES DEPARTMENT OF STATE FREEDOM OF EXPRESSION Pub. L. 100–204, title I, § 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 re- gime. ‘‘(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, § 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 con- sulate facility in United States, provided that United States mission in Kiev would be able to occupy an in- terim facility intended for conduct of unclassified ac- tivities, and required Secretary of State to submit to Congress a long-term plan for acquiring secure perma- nent facilities for United States mission in Kiev, prior to repeal by Pub. L. 103–199, title V, § 502(c)(1), Dec. 17, 1993, 107 Stat. 2326. 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.