22 U.S.C. § 254c — Extension of more favorable or less favor-

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: Page 22 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 254c–1 By the authority vested in me as President of the United States of America by the Diplomatic Relations Act (Public Law 95–393, 92 Stat. 808; 22 U.S.C. 254a et seq.) and Section 301 of Title 3 of the United States Code, in order to implement the liability insurance and other requirements relating to diplomatic personnel, I hereby designate and empower the Secretary of State to perform, without the approval, ratification, or other action of the President, the functions vested or to be vested in the President by Section 4 of Diplomatic Re- lations Act (92 Stat. 809; 22 U.S.C. 254c). § 254c–1. Policy toward certain agents of foreign governments (a) It is the sense of the Congress that the numbers, status, privileges and immunities, travel, accommodations, and facilities within the United States of official representatives to the United States of any foreign government that engages in intelligence activities within the United States harmful to the national secu- rity of the United States should not exceed the respective numbers, status, privileges and im- munities, travel accommodations, and facilities within such country of official representatives of the United States to such country. (b) Omitted. (Pub. L. 98–618, title VI, § 601(a), (b), Nov. 8, 1984, 98 Stat. 3303.) Editorial Notes CODIFICATION Subsec. (b) of this section, which required the Presi- dent to prepare and transmit to the Committee on For- eign Relations and Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and Permanent Select Committee on Intelligence of the House of Representatives a report on the numbers, sta- tus, privileges and immunities, travel, accommoda- tions, and facilities within the United States of official representatives to the United States of any foreign gov- ernment that engages in intelligence activities within the United States harmful to the national security of the United States and the respective numbers, status, privileges and immunities, travel, accommodations, and facilities within such country of official represent- atives of the United States to such country, and any action which may have been taken with respect there- to, terminated, effective May 15, 2000, pursuant to sec- tion 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 33 of House Document No. 103–7. § 254c–2. Repealed. Pub. L. 103–199, title V, § 501(c), Dec. 17, 1993, 107 Stat. 2325 Section, Pub. L. 100–178, title V, § 501, Dec. 2, 1987, 101 Stat. 1014, related to annual report of Attorney General to congressional committees regarding admissions to United States over objections of the Federal Bureau of Investigation of Soviet nationals employed by or as- signed to foreign mission or international organization in United States. § 254d. Dismissal on motion of action against in- dividual entitled to immunity Any action or proceeding brought against an individual who is entitled to immunity with re- spect to such action or proceeding under the Vi- enna Convention on Diplomatic Relations, under section 254b or 254c of this title, or under any other laws extending diplomatic privileges and immunities, shall be dismissed. Such immunity may be established upon motion or suggestion by or on behalf of the individual, or as otherwise permitted by law or applicable rules of proce- dure. (Pub. L. 95–393, § 5, Sept. 30, 1978, 92 Stat. 809.) Statutory Notes and Related Subsidiaries 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. § 254e. Liability insurance for members of mis- sion (a) Compliance with regulations Each mission, members of the mission and their families, and individuals described in sec- tion 19 of the Convention on Privileges and Im- munities of the United Nations of February 13, 1946, shall comply with any requirement im- posed by the regulations promulgated by the Di- rector of the Office of Foreign Missions in the Department of State pursuant to subsection (b). (b) Establishment by regulation of liability insur- ance requirements The Director of the Office of Foreign Missions shall, by regulation, establish liability insur- ance requirements which can reasonably be ex- pected to afford adequate compensation to vic- tims and which are to be met by each mission, members of the mission and their families, and individuals described in section 19 of the Con- vention on Privileges and Immunities of the United Nations of February 13, 1946, relating to risks arising from the operation in the United States of any motor vehicle, vessel, or aircraft. (c) Enforcement of liability insurance require- ments The Director of the Office of Foreign Missions shall take such steps as he may deem necessary to insure that each mission, members of the mission and their families, and individuals de- scribed in section 19 of the Convention on Privi- leges and Immunities of the United Nations of February 13, 1946, who operate motor vehicles, vessels, or aircraft in the United States comply with the requirements established pursuant to subsection (b). (Pub. L. 95–393, § 6, Sept. 30, 1978, 92 Stat. 809; Pub. L. 98–164, title VI, § 602, Nov. 22, 1983, 97 Stat. 1042.) Editorial Notes AMENDMENTS 1983—Subsec. (a). Pub. L. 98–164, § 602(1), substituted ‘‘Director of the Office of Foreign Missions in the De- partment of State’’ for ‘‘President’’. Subsec. (b). Pub. L. 98–164, § 602(2), inserted provision respecting adequate compensation to victims, and sub- stituted reference to Director for reference to Presi- dent. Subsec. (c). Pub. L. 98–164, § 602(3), substituted ref- erence to Director for reference to President. Statutory Notes and Related Subsidiaries 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.