22 U.S.C. § 4302 — Definitions

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 L. 100–204 was also repealed by Pub.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.