22 U.S.C. § 4309a — United States responsibilities for em-

Page 1577 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4309a 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 Depart- ment 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 inter- mediate or final. (g) Discretion of Secretary Except as otherwise provided, any determina- tion required under this chapter shall be com- mitted 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 car- rying 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. (Aug. 1, 1956, ch. 841, title II, § 208, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 288; amended Pub. L. 103–236, title I, § 162(o)(6), Apr. 30, 1994, 108 Stat. 410.) Editorial Notes AMENDMENTS 1994—Subsec. (c)(1). Pub. L. 103–236, § 162(o)(6)(B), sub- stituted ‘‘Department of State’’ for ‘‘Office of Foreign Missions’’. Subsec. (d). Pub. L. 103–236, § 162(o)(6)(A), substituted ‘‘behalf of the Secretary’’ for ‘‘behalf of the Director’’. Subsecs. (e), (f). Pub. L. 103–236, § 162(o)(6)(B), sub- stituted ‘‘Department of State’’ for ‘‘Office of Foreign Missions’’ wherever appearing. Subsec. (h)(2). Pub. L. 103–236, § 162(o)(6)(C), struck out ‘‘Director or the’’ after ‘‘received by the’’. 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. § 4309. Application to public international orga- nizations and official missions to such orga- nizations (a) Determination by Secretary The Secretary may make section 4306 of this title, or any other provision of this chapter, ap- plicable with respect to an international organi- zation to the same extent that it is applicable with respect to a foreign mission if the Sec- retary determines that such application is nec- essary to carry out the policy set forth in sec- tion 4301(b) of this title and to further the objec- tives 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 des- ignated 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 inter- national 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 organiza- tion or mission and including the personnel of such an organization or mission. (Aug. 1, 1956, ch. 841, title II, § 209, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 289.) Editorial Notes REFERENCES IN TEXT The International Organizations Immunities Act, re- ferred to in subsec. (b)(1), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 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. Statutory Notes and Related Subsidiaries 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. § 4309a. United States responsibilities for em- ployees of the United Nations (a) Findings The Congress finds that— (1) pursuant to the Agreement Between the United States and the United Nations Regard- ing 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 facili- tate the right of individuals, who are em- ployed by or are authorized by the United Nations to conduct official business in con- nection with that organization or its agen- cies, to enter into and exit from the United States for purposes of conducting official ac- Page 1578 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4310 tivities within the United Nations Head- quarters 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 Head- quarters District, subject to reasonable reg- ulation 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 addi- tional obligation to permit the conduct of any other activities, including nonofficial activi- ties, by such individuals outside of the United Nations Headquarters District. (b) Activities of United Nations employees (1) The conduct of any activities, or the acqui- sition of any benefits (as defined in section 4301(a)(1) of this title), outside the United Na- tions Headquarters District by any individual employed by, or authorized by the United Na- tions 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 reason- able 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, § 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 imple- menting 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’’ de- fined 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 ap- prove from time to time in order to permit ef- fective functioning of the United Nations or missions to the United Nations. (Aug. 1, 1956, ch. 841, title II, § 209A, as added Pub. L. 99–93, title I, § 141, Aug. 16, 1985, 99 Stat. 423; amended Pub. L. 103–236, title I, § 139(26), Apr. 30, 1994, 108 Stat. 399.) Editorial Notes 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. 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 for- eign mission all terms, limitations, restrictions, and conditions which are applicable pursuant to this chap- ter to the members of that country’s mission or of any other mission to the United Nations unless the Sec- retary determines and reports to the Congress that na- tional security and foreign policy circumstances re- quire that this paragraph be waived in specific cir- cumstances.’’ § 4310. Privileges and immunities 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, pub- lic international organization, or official mis- sion 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. (Aug. 1, 1956, ch. 841, title II, § 210, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.) Statutory Notes and Related Subsidiaries 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. § 4311. Enforcement (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 con- trary to this chapter. The United States, acting on its own behalf or on behalf of a foreign mis- sion, has standing to bring or intervene in an ac- tion to obtain compliance with this chapter, in- cluding any action for injunctive or other equi- table 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 busi- ness 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 regu- lation or determination of the Secretary under this chapter. (Aug. 1, 1956, ch. 841, title II, § 211, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.) Statutory Notes and Related Subsidiaries 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. § 4312. Presidential guidelines The authorities granted to the Secretary pur- suant to the provisions of this chapter shall be exercised in accordance with procedures and guidelines approved by the President.