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22 U.S.C. § 254b — Privileges and immunities of mission of

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 254b — Privileges and immunities of mission of

Page 21 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 254c vance notification regime governing all travel by ac- credited diplomatic and consular personnel of the Rus- sian Federation in the United States and take nec- essary action to secure full compliance by Russian per- sonnel and address any noncompliance. ‘‘(c) INTERAGENCY COOPERATION.—The Secretary of State, the Director of the Federal Bureau of Investiga- tion, and the Director of National Intelligence shall de- velop written mechanisms to share information— ‘‘(1) on travel by accredited diplomatic and con- sular personnel of the Russian Federation who are in the United States; and ‘‘(2) on any known or suspected noncompliance by such personnel with the regime required by sub- section (b). ‘‘(d) QUARTERLY REPORTS.—Not later than 90 days after the date of the enactment of this Act [May 5, 2017], and quarterly thereafter, and consistent with the protection of intelligence sources and methods— ‘‘(1) the Secretary of State shall submit to the ap- propriate committees of Congress a written report de- tailing the number of notifications submitted under the regime required by subsection (b); and ‘‘(2) the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the appropriate committees of Congress a written report detailing a best estimate of known or sus- pected violations of such requirements by any accred- ited diplomatic and consular personnel of the Russian Federation.’’ § 254b. Privileges and immunities of mission of nonparty to Vienna Convention With respect to a nonparty to the Vienna Con- vention, the mission, the members of the mis- sion, their families, and diplomatic couriers shall enjoy the privileges and immunities speci- fied in the Vienna Con

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Page 21 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 254c vance notification regime governing all travel by ac- credited diplomatic and consular personnel of the Rus- sian Federation in the United States and take nec- essary action to secure full compliance by Russian per- sonnel and address any noncompliance. ‘‘(c) INTERAGENCY COOPERATION.—The Secretary of State, the Director of the Federal Bureau of Investiga- tion, and the Director of National Intelligence shall de- velop written mechanisms to share information— ‘‘(1) on travel by accredited diplomatic and con- sular personnel of the Russian Federation who are in the United States; and ‘‘(2) on any known or suspected noncompliance by such personnel with the regime required by sub- section (b). ‘‘(d) QUARTERLY REPORTS.—Not later than 90 days after the date of the enactment of this Act [May 5, 2017], and quarterly thereafter, and consistent with the protection of intelligence sources and methods— ‘‘(1) the Secretary of State shall submit to the ap- propriate committees of Congress a written report de- tailing the number of notifications submitted under the regime required by subsection (b); and ‘‘(2) the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the appropriate committees of Congress a written report detailing a best estimate of known or sus- pected violations of such requirements by any accred- ited diplomatic and consular personnel of the Russian Federation.’’ § 254b. Privileges and immunities of mission of nonparty to Vienna Convention With respect to a nonparty to the Vienna Con- vention, the mission, the members of the mis- sion, their families, and diplomatic couriers shall enjoy the privileges and immunities speci- fied in the Vienna Convention. (Pub. L. 95–393, § 3(b), Sept. 30, 1978, 92 Stat. 808; Pub. L. 97–241, title II, § 203(b)(2), Aug. 24, 1982, 96 Stat. 291.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–241 substituted ‘‘With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers’’ for ‘‘Members of the mission of a sending state which has not ratified the Vienna Convention, their families, and the diplomatic couriers of such state,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Section effective at end of ninety-day period begin- ning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of this title. § 254c. Extension of more favorable or less favor- able treatment than provided under Vienna Convention; authority of President (a) In general The President may, on the basis of reciprocity and under such terms and conditions as he may determine, specify privileges and immunities for the mission, the members of the mission, their families, and the diplomatic couriers which re- sult in more favorable treatment or less favor- able treatment than is provided under the Vi- enna Convention. (b) Consular immunity (1) In general The Secretary of State, with the concur- rence of the Attorney General, may, on the basis of reciprocity and under such terms and conditions as the Secretary may determine, specify privileges and immunities for a con- sular post, the members of a consular post, and their families which result in more favor- able or less favorable treatment than is pro- vided in the Vienna Convention on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), en- tered into force for the United States on De- cember 24, 1969. (2) Consultation Before exercising the authority under para- graph (1), the Secretary of State shall consult with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on For- eign Relations and the Committee on Appro- priations of the Senate regarding the cir- cumstances that may warrant the need for privileges and immunities providing more fa- vorable or less favorable treatment than is provided in the Vienna Convention. (Pub. L. 95–393, § 4, Sept. 30, 1978, 92 Stat. 809; Pub. L. 97–241, title II, § 203(b)(3), Aug. 24, 1982, 96 Stat. 291; Pub. L. 114–323, title V, § 501, Dec. 16, 2016, 130 Stat. 1935; Pub. L. 115–94, § 2(e), Dec. 18, 2017, 131 Stat. 2038.) Editorial Notes AMENDMENTS 2017—Subsec. (b)(2). Pub. L. 115–94 substituted ‘‘and the Committee on Appropriations of the House of Rep- resentatives and the Committee on Foreign Relations and the Committee on Appropriations’’ for ‘‘of the House of Representatives and the Committee on For- eign Relations’’. 2016—Pub. L. 114–323 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1982—Pub. L. 97–241 substituted ‘‘immunities for the mission, the members’’ for ‘‘immunities for members’’ and ‘‘diplomatic couriers which’’ for ‘‘diplomatic couri- ers of any sending state which’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–241 effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE Section effective at end of ninety-day period begin- ning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of this title. Executive Documents EX. ORD. NO. 12101. DELEGATION OF FUNCTIONS TO SEC- RETARY OF STATE RESPECTING PRIVILEGES AND IMMU- NITIES FOR DIPLOMATIC MISSIONS AND PERSONNEL Ex. Ord. No. 12101, Nov. 17, 1978, 43 F.R. 54195, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 254b — Privileges and immunities of mission of nonparty to Vienna Convention

With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers shall enjoy the privileges and immunities specified in the Vienna Convention.

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