22 U.S.C. § 4305 — Property of foreign missions

Page 1573 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4305 § 4304b. Crimes committed by diplomats (a) Annual report concerning diplomatic immu- nity (1) Report to Congress The Secretary of State shall prepare and submit to the Congress, annually, a report concerning diplomatic immunity entitled ‘‘Re- port on Cases Involving Diplomatic Immu- nity’’. (2) Content of report In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following: (A) The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. (B) Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within the United States, and any additional infor- mation provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to be- lieve the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provi- sion of which the Secretary reasonably be- lieves would compromise a criminal inves- tigation or prosecution or which would di- rectly compromise law enforcement or intel- ligence sources or methods. (C) Each case described in subparagraph (B) in which the Secretary of State has cer- tified that a person enjoys full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. (D) The number of United States citizens who are residing in a receiving state and who enjoy full immunity from the criminal jurisdiction of such state under laws extend- ing diplomatic privileges and immunities. (E) Each case involving a United States citizen under subparagraph (D) in which the United States has been requested by the gov- ernment of a receiving state to waive the immunity from criminal jurisdiction of the United States citizen. (F) Whether the Secretary has made the notifications referred to in subsection (c) during the period covered by the report. (3) ‘‘Serious criminal offense’’ defined For the purposes of this section, the term ‘‘serious criminal offense’’ means— (A) any felony under Federal, State, or local law; (B) any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year; (C) any crime of violence as defined for purposes of section 16 of title 18; or (D)(i) driving under the influence of alco- hol or drugs; (ii) reckless driving; or (iii) driving while intoxicated. (b) United States policy concerning reform of diplomatic immunity It is the sense of the Congress that the Sec- retary of State should explore, in appropriate fora, whether states should enter into agree- ments and adopt legislation— (1) to provide jurisdiction in the sending state to prosecute crimes committed in the re- ceiving state by persons entitled to immunity from criminal jurisdiction under laws extend- ing diplomatic privileges and immunities; and (2) to provide that where there is probable cause to believe that an individual who is enti- tled to immunity from the criminal jurisdic- tion of the receiving state under laws extend- ing diplomatic privileges and immunities com- mitted a serious crime, the sending state will waive such immunity or the sending state will prosecute such individual. (c) Notification of diplomatic corps The Secretary should periodically notify each foreign mission of United States policies relat- ing to criminal offenses committed by individ- uals with immunity from the criminal jurisdic- tion of the United States under laws extending diplomatic privileges and immunities. (Aug. 1, 1956, ch. 841, title II, § 204B, as added Pub. L. 105–375, § 1, Nov. 12, 1998, 112 Stat. 3385.) Editorial Notes CODIFICATION Section 1 of Pub. L. 105–375, which directed amend- ment of title I of the State Department Basic Authori- ties Act of 1956 by adding this section after section 204A, was executed by adding this section after section 204A of title II of the State Department Basic Authori- ties Act of 1956, to reflect the probable intent of Con- gress. § 4305. Property of foreign missions (a) Proposed acquisition, sale, or other disposi- tion (1) The Secretary shall require any foreign mission, including any mission to an inter- national organization (as defined in section 4309(b)(2) of this title), to notify the Secretary prior to any proposed acquisition, or any pro- posed sale or other disposition, of any real prop- erty by or on behalf of such mission. The foreign mission (or other party acting on behalf of the foreign mission) may initiate or execute any contract, proceeding, application, or other ac- tion required for the proposed action— (A) only after the expiration of the 60-day period beginning on the date of such notifica- tion (or after the expiration of such shorter period as the Secretary may specify in a given case); and (B) only if the mission is not notified by the Secretary within that period that the proposal has been disapproved; however, the Secretary may include in such a notification such terms and conditions as the Secretary may deter- mine appropriate in order to remove the dis- approval. Page 1574 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4305 1 See References in Text note below. (2) For purposes of this section, ‘‘acquisition’’ includes any acquisition or alteration of, or ad- dition to, any real property or any change in the purpose for which real property is used by a for- eign mission. (b) Divesture The Secretary may require any foreign mis- sion to divest itself of, or forgo the use of, any real property determined by the Secretary— (1) not to have been acquired in accordance with this section; (2) to exceed limitations placed on real prop- erty available to a United States mission in the sending State; or (3) where otherwise necessary to protect the interests of the United States. (c) Cessation of diplomatic, consular, and other governmental activities in United States; protecting power or other agent; disposition of property If a foreign mission has ceased conducting dip- lomatic, consular, and other governmental ac- tivities in the United States and has not des- ignated a protecting power or other agent ap- proved by the Secretary to be responsible for the property of that foreign mission, the Sec- retary— (1) until the designation of a protecting power or other agent approved by the Sec- retary, may protect and preserve any property of that foreign mission; and (2) may dispose of such property at such time as the Secretary may determine after the expiration of the one-year period beginning on the date that the foreign mission ceased those activities, and may remit to the sending State the net proceeds from such disposition. (d) Protection from future hostile intelligence ac- tivities in United States (1) After December 22, 1987, real property in the United States may not be acquired (by sale, lease, or other means) by or on behalf of the for- eign mission of a foreign country described in paragraph (4) if, in the judgment of the Sec- retary of Defense (after consultation with the Secretary of State), the acquisition of that prop- erty might substantially improve the capability of that country to intercept communications in- volving United States Government diplomatic, military, or intelligence matters. (2) After December 22, 1987, real property in the United States may not be acquired (by sale, lease, or other means) by or on behalf of the for- eign mission of a foreign country described in paragraph (4) if, in the judgment of the Director of the Federal Bureau of Investigation (after consultation with the Secretary of State), the acquisition of that property might substantially improve the capability of that country to en- gage in intelligence activities directed against the United States Government, other than the intelligence activities described in paragraph (1). (3) The Secretary of State shall inform the Secretary of Defense and the Director of the Federal Bureau of Investigation immediately upon notice being given pursuant to subsection (a) of this section of a proposed acquisition of real property by or on behalf of the foreign mis- sion of a foreign country described in paragraph (4). (4) For the purposes of this subsection, the term ‘‘foreign country’’ means— (A) any country listed as a Communist coun- try in section 2370(f) of this title; (B) any country determined by the Sec- retary of State, for purposes of section 4605(j) 1 of title 50, to be a country which has repeat- edly provided support for acts of international terrorism; and (C) any other country which engages in in- telligence activities in the United States which are adverse to the national security in- terests of the United States. (5) As used in this section, the term ‘‘substan- tially improve’’ shall not be construed to pre- vent the establishment of a foreign mission by a country which, on December 22, 1987— (A) does not have a mission in the United States, or (B) with respect to a city in the United States, did not maintain a mission in that city. (Aug. 1, 1956, ch. 841, title II, § 205, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 285; amended Pub. L. 99–93, title I, § 127(d), (e), Aug. 16, 1985, 99 Stat. 418; Pub. L. 100–204, title I, § 161, Dec. 22, 1987, 101 Stat. 1356; Pub. L. 103–236, title I, § 162(o)(5), Apr. 30, 1994, 108 Stat. 410.) Editorial Notes REFERENCES IN TEXT Section 4605(j) of title 50, referred to in subsec. (d)(4)(B), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–236, § 162(o)(5)(A), sub- stituted ‘‘Secretary prior to’’ for ‘‘Director prior to’’ in introductory provisions. Subsec. (c)(2). Pub. L. 103–236, § 162(o)(5)(B), struck out ‘‘authorize the Director to’’ before ‘‘dispose of’’. 1987—Subsec. (d). Pub. L. 100–204 added subsec. (d). 1985—Subsec. (a)(1). Pub. L. 99–93, § 127(e), substituted ‘‘shall’’ for ‘‘may’’ and inserted ‘‘, including any mis- sion to an international organization (as defined in sec- tion 4309(b)(2) of this title),’’ after ‘‘foreign mission’’ in first sentence, and substituted ‘‘The’’ for ‘‘If such a no- tification is required, the’’ in second sentence. Subsec. (b)(3). Pub. L. 99–93, § 127(d), added par. (3). 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. Page 1575 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4306 § 4306. Location of foreign missions in the Dis- trict of Columbia (a) Section as governing location, replacement, or expansion The location, replacement, or expansion of chanceries in the District of Columbia shall be subject to this section. (b) Acceptable areas; limitations and conditions (1) A chancery shall be permitted to locate as a matter of right in any area which is zoned commercial, industrial, waterfront, or mixed- use (CR). (2) A chancery shall also be permitted to lo- cate— (A) in any area which is zoned medium-high or high density residential, and (B) in any other area, determined on the basis of existing uses, which includes office or institutional uses, including but not limited to any area zoned mixed-use diplomatic or spe- cial purpose, subject to disapproval by the District of Colum- bia Board of Zoning Adjustment in accordance with this section. (3) In each of the areas described in paragraphs (1) and (2), the limitations and conditions appli- cable to chanceries shall not exceed those appli- cable to other office or institutional uses in that area. (c) Filing of application with Board of Zoning Adjustment; publication of notice; public par- ticipation; final determination (1) If a foreign mission wishes to locate a chancery in an area described in subsection (b)(2), or wishes to appeal an administrative de- cision relating to a chancery based in whole or in part upon any zoning map or regulation, it shall file an application with the Board of Zon- ing Adjustment which shall publish notice of that application in the District of Columbia Register. (2) Regulations issued to carry out this section shall provide appropriate opportunities for par- ticipation by the public in proceedings con- cerning the location, replacement, or expansion of chanceries. (3) A final determination concerning the loca- tion, replacement, or expansion of a chancery shall be made not later than six months after the date of the filing of an application with re- spect to such location, replacement, or expan- sion. Such determination shall not be subject to the administrative proceedings of any other agency or official except as provided in this chapter. (d) Criteria for determination Any determination concerning the location of a chancery under subsection (b)(2), or con- cerning an appeal of an administrative decision with respect to a chancery based in whole or in part upon any zoning regulation or map, shall be based solely on the following criteria: (1) The international obligation of the United States to facilitate the provision of adequate and secure facilities for foreign mis- sions in the Nation’s Capital. (2) Historic preservation, as determined by the Board of Zoning Adjustment in carrying out this section; and in order to ensure com- patibility with historic landmarks and dis- tricts, substantial compliance with District of Columbia and Federal regulations governing historic preservation shall be required with re- spect to new construction and to demolition of or alteration to historic landmarks. (3) The adequacy of off-street or other park- ing and the extent to which the area will be served by public transportation to reduce parking requirements, subject to such special security requirements as may be determined by the Secretary, after consultation with Fed- eral agencies authorized to perform protective services. (4) The extent to which the area is capable of being adequately protected, as determined by the Secretary, after consultation with Federal agencies authorized to perform protective services. (5) The municipal interest, as determined by the Mayor of the District of Columbia. (6) The Federal interest, as determined by the Secretary. (e) Consistency of regulations, proceedings, and other actions; review and comment by Na- tional Planning Commission (1) Regulations, proceedings, and other actions of the National Capital Planning Commission, the Zoning Commission for the District of Co- lumbia, and the Board of Zoning Adjustment af- fecting the location, replacement, or expansion of chanceries shall be consistent with this sec- tion (including the criteria set out in subsection (d)) and shall reflect the policy of this chapter. (2) Proposed actions of the Zoning Commission concerning implementation of this section shall be referred to the National Capital Planning Commission for review and comment. (f) Rule-making nature of proceedings Regulations issued to carry out this section shall provide for proceedings of a rule-making and not of an adjudicatory nature. (g) Compliance with District of Columbia build- ing and related codes The Secretary shall require foreign missions to comply substantially with District of Colum- bia building and related codes in a manner de- termined by the Secretary to be not incon- sistent with the international obligations of the United States. (h) Approval of Board of Zoning Adjustment or Zoning Commission not required Approval by the Board of Zoning Adjustment or the Zoning Commission or, except as provided in section 4305 of this title, by any other agency or official is not required— (1) for the location, replacement, or expan- sion of a chancery to the extent that author- ity to proceed, or rights or interests, with re- spect to such location, replacement, or expan- sion were granted to or otherwise acquired by the foreign mission before October 1, 1982; or (2) for continuing use of a chancery by a for- eign mission to the extent that the chancery was being used by a foreign mission on Octo- ber 1, 1982.