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Title 22 — Foreign Relations and Intercourse

Chapter 6 — Foreign Diplomatic and Consular Officers

§ 254c. Extension of more favorable or less favorable treatment than provided under Vienna Convention; authority of President

Statutory text

(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 result in more favorable treatment or less favorable treatment than is provided under the Vienna Convention.

(b)

Consular immunity

(1)

In general

The Secretary of State, with the concurrence 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 consular post, the members of a consular post, and their families which result in more favorable or less favorable treatment than is provided in the Vienna Convention on Consular Relations, of (T.I.A.S. 6820), entered into force for the United States on .

(2)

Consultation

Before exercising the authority under paragraph (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 Foreign Relations and the Committee on Appropriations of the Senate regarding the circumstances that may warrant the need for privileges and immunities providing more favorable or less favorable treatment than is provided in the Vienna Convention.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Diplomatic Relations Act

    Pub. L. 95–393 § 4 · 92 Stat. 808

    Enacted · 22 U.S.C. § 254c

    Pub. L. 95–393, § 4, Sept. 30, 1978, 92 Stat. 809

    Source evidence

    Code source credit
    Pub. L. 95–393, § 4, Sept. 30, 1978, 92 Stat. 809

    Enacted provision · exact public law section
    Sec. 4. The President may, on the basis of reciprocity and under 22 USC 254c. such terms and conditions as he may determine, specify privileges and immunities for members of the mission, their families, and the diplomatic couriers of any sending state which result in more favorable treatment or less favorable treatment than is provided under the Vienna Convention.

  2. Foreign Missions Act

    Pub. L. 97–241 title II § 203(b)(3) · 96 Stat. 273

    1. Substituted · 22 U.S.C. § 254c

      Pub. L. 97–241 substituted “immunities for the mission, the members” for “immunities for members”

    2. Substituted · 22 U.S.C. § 254c

      Pub. L. 97–241 substituted “diplomatic couriers which” for “diplomatic couriers of any sending state which”

    Source evidence

    Code amendment note
    Pub. L. 97–241 substituted “immunities for the mission, the members” for “immunities for members” and “diplomatic couriers which” for “diplomatic couriers of any sending state which”.

    Enacted provision · exact public law section
    (3) Section 4 of such Act (22 U.S.C. 254c) is amended— (A) by inserting “the mission, the” immediately after “immunities for”; and (B) by striking out “of any sending state”.

    Effective date note
    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.

  3. Department of State Authorities Act, Fiscal Year 2017

    Pub. L. 114–323 title V § 501 · 130 Stat. 1905

    1. Amended · 22 U.S.C. § 254c

      Pub. L. 114–323 designated existing provisions as subsec. (a)

    2. Inserted · 22 U.S.C. § 254c

      Pub. L. 114–323 inserted heading

    3. Added · 22 U.S.C. § 254c

      Pub. L. 114–323 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 114–323 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

    Enacted provision · exact public law section
    SEC. 501. CODIFICATION OF ENHANCED CONSULAR IMMUNITIES.   Section 4 of the Diplomatic Relations Act (22 U.S.C. 254c) is amended— (1) by striking “The President” and inserting the following: “(a) In General.— The President” ; and (2) by adding at the end the following new subsection: “(b) Consular Immunity.— “(1) In general.— The Secretary of State, with the concurrence 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 consular post, the members of a consular post, and their families which result in more favorable or less favorable treatment than is provided in the Vienna Convention on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), entered into force for the United States on December 24, 1969. “(2) Consultation.— Before exercising the authority under paragraph (1), the Secretary of State shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the circumstances that may warrant the need for privileges and immunities providing more favorable or less favorable treatment than is provided in the Vienna Convention.” .

  4. Department of State Authorities Act, Fiscal Year 2017, Improvements Act

    Pub. L. 115–94 § 2(e) · 131 Stat. 2038

    Substituted · 22 U.S.C. § 254c(b)(2)

    Pub. L. 115–94 substituted “and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations” for “of the House of Representatives and the Committee on Foreign Relations”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–94 substituted “and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations” for “of the House of Representatives and the Committee on Foreign Relations”.

    Enacted provision · exact public law section
    (e) Consular Immunity.— Subsection (b)(2) of section 4 of the Diplomatic Relations Act (22 U.S.C. 254c), as added by section 501 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323), is amended by striking “of the House of Representatives and the Committee on Foreign Relations” and inserting “and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations”.

7 of 7 references resolved to an enrolled provision

Editorial Notes

Amendments1982–2017 · 3 rounds

2017

Subsec. (b)(2). Pub. L. 115–94 substituted “and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations” for “of the House of Representatives and the Committee on Foreign 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 couriers of any sending state which”.

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–241 effective , 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 beginning on , 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 Secretary of State Respecting Privileges and Immunities for Diplomatic Missions and Personnel

Ex. Ord. No. 12101, , 43 F.R. 54195, as amended by Ex. Ord. No. 12608, , 52 F.R. 34617, provided:

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 Relations Act (92 Stat. 809; 22 U.S.C. 254c).

Credits

1978–2017 · 4 acts
  1. 1978Pub. L. 95–393, § 4, , 92 Stat. 809
  2. 1982Pub. L. 97–241, title II, § 203(b)(3), , 96 Stat. 291
  3. 2016Pub. L. 114–323, title V, § 501, , 130 Stat. 1935
  4. 2017Pub. L. 115–94, § 2(e), , 131 Stat. 2038.
Show as published

(Pub. L. 95–393, § 4, , 92 Stat. 809; Pub. L. 97–241, title II, § 203(b)(3), , 96 Stat. 291; Pub. L. 114–323, title V, § 501, , 130 Stat. 1935; Pub. L. 115–94, § 2(e), , 131 Stat. 2038.)

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USLM identifier /us/usc/t22/s254c