§ 4309. Application to public international organizations and official missions to such organizations

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. 1982

   Foreign Missions Act

   Pub. L. 97–241 title II § 202(b) · 96 Stat. 273

   Enacted · 22 U.S.C. § 4309

   (Aug. 1, 1956, ch. 841, title II, § 209, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 289.)

   Source evidence

   Code source credit
   (Aug. 1, 1956, ch. 841, title II, § 209, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 289.)

   Enacted provision · exact public law section
   (b) That Act is further amended by adding at the end thereof the following: “TITLE II— AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS “Sec. 201. “declaration of findings and policy (a) The Congress finds that the operation in the United 22 USC 4301. States of foreign missions and public international organizations and the official missions to such organizations, including the permissible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction. “(b) The Congress declares that it is the policy of the United States to support the secure and efficient operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international organizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observance of corresponding obligations in accordance with international law. “(c) The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due consideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represented by that foreign mission. “Sec. 202. “definitions (a) For purposes of this title— 22 USC 4302. “(1) ‘benefit’ (with respect to a foreign mission) means any acquisition, or authorization for an acquisition, in the United States by or for a foreign mission, including the acquisition of— “(A) real property by purchase, lease, exchange, construction, or otherwise, “(B) public services, including services relating to customs, importation, and utilities, and the processing of applications or requests relating to public services, “(C) supplies, maintenance, and transportation, “(D) locally engaged staff on a temporary or regular basis, “(E) travel and related services, and “(F) protective services, and includes such other benefits as the Secretary may designate; “(2) ‘chancery’ means the principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), and includes the site and any building on such site which is used for such purposes; “(3) ‘Director’ means the Director of the Office of Foreign Missions established pursuant to section 203(a); “(4) ‘foreign mission’ means any official mission to the United States involving diplomatic, consular, or other governmental activities of— “(A) a foreign government, or “(B) an organization (other than an international Post, p. 28. organization, as defined in section 209(b) of this title) representing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States, including any real property of such a mission and including the personnel of such a mission; “(5) ‘real property’ includes any right, title, or interest in or to, or the beneficial use of, any real property in the United States, including any office or other building; “(6) ‘Secretary’ means the Secretary of State; “(7) ‘sending State’ means the foreign government, territory, or political entity represented by a foreign mission; “(8) ‘United States’ means, when used in a geographic sense, the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. “(b) Determinations with respect to the meaning and applicability of the terms used in subsection (a) shall be committed to the discretion of the Secretary. “Sec. 203. “office of foreign missions (a) The Secretary shall establish an Office of Foreign Establishment. 22 USC 4303. Director, appointment. Missions as an office within the Department of State. The Office shall be headed by a Director, appointed by the Secretary, who shall perform his or her functions under the supervision and direction of the Secretary. The Secretary may delegate this authority for supervision and direction of the Director only to the Deputy Secretary of State or an Under Secretary of State. “(b) The Secretary may authorize the Director to— Functions. “(1) assist agencies of Federal, State, and municipal government with regard to ascertaining and according benefits, privileges, and immunities to which a foreign mission may be entitled; “(2) provide or assist in the provision of benefits for or on behalf of a foreign mission in accordance with section 204; and “(3) perform such other functions as the Secretary may determine necessary in furtherance of the policy of this title. “Sec. 204. “provision of benefits (a) Upon the request of a foreign mission, benefits may 22 USC 4304. be provided to or for that foreign mission by or through the Director on such terms and conditions as the Secretary may approve. “(b) If the Secretary determines that such action is reasonably necessary on the basis of reciprocity or otherwise— “(1) to facilitate relations between the United States and a sending State, “(2) to protect the interests of the United States, “(3) to adjust for costs and procedures of obtaining benefits for missions of the United States abroad, or “(4) to assist in resolving a dispute affecting United States interests and involving a foreign mission or sending State, then the Secretary may require a foreign mission (A) to obtain benefits from or through the Director on such terms and conditions as the Secretary may approve, or (B) to comply with such terms and conditions as the Secretary may determine as a condition to the execution or performance in the United States of any contract or other agreement, the acquisition, retention, or use of any real property, or the application for or acceptance of any benefit (including any benefit from or authorized by any Federal, State, or municipal governmental authority, or any entity providing public services). “(c) Terms and conditions established by the Secretary under this section may include— “(1) a requirement to pay to the Director a surcharge or fee, and Surcharge or fee. “(2) a waiver by a foreign mission (or any assignee of or Waiver. person deriving rights from a foreign mission) of any recourse against any governmental authority, any entity providing public services, any employee or agent of such an authority or entity, or any other person, in connection with any action determined by the Secretary to be undertaken in furtherance of this title. “(d) For purposes of effectuating a waiver of recourse which is required under this section, the Secretary may designate the Director or any other officer of the Department of State as the agent of a foreign mission (or of any assignee of or person deriving rights from a foreign mission). Any such waiver by an officer so designated shall for all purposes (including any court or administrative proceeding) be deemed to be a waiver by the foreign mission (or the assignee of or other person deriving rights from a foreign mission). “(e) Nothing in this section shall be deemed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section 202 of title 3, United States Code, or section 3056 of title 18, United States Code, at a level commensurate with protective requirements as determined by the United States Secret Service. “Sec. 205. “property of foreign missions (a) (1) The Secretary may require any foreign mission to 22 USC 4305. notify the Director prior to any proposed acquisition, or any proposed sale or other disposition, of any real property by or on behalf of such mission. If such a notification is required, the foreign mission (or other party acting on behalf of the foreign mission) may initiate or execute any contract, proceeding, application, or other action required for the proposed action— “(A) only after the expiration of the 60-day period beginning on the date of such notification (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 determine appropriate in order to remove the disapproval. “(2) For purposes of this section, ‘acquisition’ includes any acquisition “Acquisition.” or alteration of, or addition to, any real property or any change in the purpose for which real property is used by a foreign mission. “(b) The Secretary may require any foreign mission 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; or (2) to exceed limitations placed on real property available to a United States mission in the sending State. “(c) If a foreign mission has ceased conducting diplomatic, consular, and other governmental activities in the United States and has not designated a protecting power or other agent approved by the Secretary to be responsible for the property of that foreign mission, the Secretary— “(1) until the designation of a protecting power or other agent approved by the Secretary, may protect and preserve any property of that foreign mission; and “(2) may authorize the Director to 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. “Sec. 206. “location of foreign missions in the district of columbia (a) The location, replacement, or expansion of chanceries 22 USC 4306. in the District of Columbia shall be subject to this section. “(b) (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 locate— “(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 special purpose, subject to disapproval by the District of Columbia 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 applicable to chanceries shall not exceed those applicable to other office or institutional uses in that area. “(c) (1) If a foreign mission wishes to locate a chancery in an area Notice; publication in D.C. Register. described in subsection (b)(2), or wishes to appeal an administrative decision 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 Zoning 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 participation by the public in proceedings concerning the location, replacement, or expansion of chanceries. (3) A final determination concerning the location, replacement, or expansion of a chancery shall be made not later than six months after the date of the filing of an application with respect to such location, replacement, or expansion. Such determination shall not be subject to the administrative proceedings of any other agency or official except as provided in this title. “(d) Any determination concerning the location of a chancery, under subsection (b)(2), or concerning 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 missions 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 compatibility with historic landmarks and districts, substantial compliance with District of Columbia and Federal regulations governing historic preservation shall be required with respect to new construction and to demolition of or alteration to historic landmarks. “(3) The adequacy of off-street or other parking 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 Federal 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) (1) Regulations, proceedings, and other actions of the National Capital Planning Commission, the Zoning Commission for the District of Columbia, and the Board of Zoning Adjustment affecting the location, replacement, or expansion of chanceries shall be consistent with this section (including the criteria set out in subsection (d)) and shall reflect the policy of this title. “(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) Regulations issued to carry out this section shall provide for proceedings of a rule-making and not of an adjudicatory nature. “(g) The Secretary shall require foreign missions to comply substantially D.C. building codes, compliance. with District of Columbia building and related codes in a manner determined by the Secretary to be not inconsistent with the international obligations of the United States. “(h) Approval by the Board of Zoning Adjustment or the Zoning Commission or, except as provided in section 205, by any other agency or official is not required— “(1) for the location, replacement, or expansion of a chancery to the extent that authority to proceed, or rights or interests, with respect to such location, replacement, or expansion were granted to or otherwise acquired by the foreign mission before the effective date of this section; or “(2) for continuing use of a chancery by a foreign mission to the extent that the chancery was being used by a foreign mission on the effective date of this section. “(i) (1) The President may designate the Secretary of Defense, the Secretary of the Interior, or the Administrator of General Services (or such alternate as such official may from time to time designate) to serve as a member of the Zoning Commission in lieu of the Director of the National Park Service whenever the President determines that the Zoning Commission is performing functions concerning the implementation of this section. “(2) Whenever the Board of Zoning Adjustment is performing functions regarding an application by a foreign mission with respect to the location, expansion, or replacement of a chancery— “(A) the representative from the Zoning Commission shall be the Director of the National Park Service or if another person has been designated under paragraph (1) of this subsection, the person so designated; and “(B) the representative from the National Capital Planning Commission shall be the Executive Director of that Commission. “(j) Provisions of law (other than this title) applicable with respect to the location, replacement, or expansion of real property in the District of Columbia shall apply with respect to chanceries only to the extent that they are consistent with this section. “Sec. 207. “preemption Notwithstanding any other law, no act of any Federal 22 USC 4307. agency shall be effective to confer or deny any benefit with respect to any foreign mission contrary to this title. Nothing in section 202, 203, 204, or 205 may be construed to preempt any State or municipal Ante, p. 283–285. law or governmental authority regarding zoning, land use, health, safety, or welfare, except that a denial by the Secretary involving a benefit for a foreign mission within the jurisdiction of a particular State or local government shall be controlling. “Sec. 208. “general provisions (a) The Secretary may issue such regulations as the Regulations. 22 USC 4308. Secretary may determine necessary to carry out the policy of this title. “(b) Compliance with any regulation, instruction, or direction issued by the Secretary under this title shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court or administrative proceeding for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this title, or any regulation, instruction, or direction issued by the Secretary under this title. “(c) For purposes of administering this title— “(1) the Secretary may accept details and assignments of employees of Federal agencies to the Office of Foreign Missions on a reimbursable or nonreimbursable basis (with any such reimbursements to be credited to the appropriations made available for the salaries and expenses of officers and employees of the employing agency); and “(2) the Secretary may, to the extent necessary to obtain Experts and consultants. services without delay, exercise his authority to employ experts and consultants under section 3109 of title 5, United States Code, without requiring compliance with such otherwise applicable requirements for that employment as the Secretary may determine, except that such employment shall be terminated after 60 days if by that time those requirements are not complied with. “(d) Contracts and subcontracts for supplies or services, including Contracts and subcontracts for supplies or services. personal services, made by or on behalf of the Director shall be made after advertising, in such manner and at such times as the Secretary shall determine to be adequate to ensure notice and opportunity for competition, except that advertisement shall not be required when (1) the Secretary determines that it is impracticable or will not permit timely performance to obtain bids by advertising, or (2) the aggregate amount involved in a purchase of supplies or procurement of services does not exceed $10,000. Such contracts and subcontracts may be entered into without regard to laws and regulations otherwise applicable to solicitation, negotiation, administration, and performance of government contracts. In awarding contracts, the Secretary may consider such factors as relative quality and availability of supplies or services and the compatibility of the supplies or services with implementation of this title. “(e) The head of any Federal agency may, for purposes of this title— “(1) transfer or loan any property to, and perform administrative and technical support functions and services for the operations of, the Office of Foreign Missions (with reimbursements to agencies under this paragraph to be credited to the current applicable appropriation of the agency concerned); and “(2) acquire and accept services from the Office of Foreign Missions, including (whenever the Secretary determines it to be in furtherance of the purposes of this title) acquisitions without regard to laws normally applicable to the acquisition of services by such agency. “(f) Assets of or under the control of the Office of Foreign Missions, 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 intermediate or final. “(g) Except as otherwise provided, any determination required under this title shall be committed to the discretion of the Secretary. “(h) (1) In order to implement this title, the Secretary may transfer to the working capital fund established by section 13 of this Act such 22 USC 2684. amounts available to the Department of State as may be necessary. “(2) All revenues, including proceeds from gifts and donations, received by the Director or the Secretary in carrying out this title may be credited to the working capital fund established by section 13 of this Act and shall be available for purposes of this title in accordance with that section. “(3) Only amounts transferred or credited to the working capital fund established by section 13 of this Act may be used in carrying out the functions of the Secretary or the Director under this title. “Sec. 209. “application to public international organizations and official missions to such organizations (a) The Secretary may make section 206, or any other Ante, p. 286. 22 USC 4309. provision of this title, applicable with respect to an international organization to the same extent that it is applicable with respect to a foreign mission if the Secretary determines that such application is necessary to carry out the policy set forth in section 201(b) and to further the objectives set forth in section 204(b). “(b) For purposes of this section, ‘international organization’ “international organization.” means— “(1) a public international organization designated 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 international agreement as an instrument through or by which two or more foreign govern-ments 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 organization or mission and including the personnel of such an organization or mission. “Sec. 210. “privileges and immunities Nothing in this title shall be construed to limit the 22 USC 4310. 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, public international organization, or official mission to such an organization, in compliance with this title shall be deemed to be an implied waiver of any immunity otherwise provided for by law. “Sec. 211. “enforcement (a) It shall be unlawful for any person to make available 22 USC 4311. any benefits to a foreign mission contrary to this title. The United States, acting on its own behalf or on behalf of a foreign mission, has standing to bring or intervene in an action to obtain compliance with this title, including any action for injunctive or other equitable relief. “(b) Upon the request of any Federal agency, any State or local government agency, or any business 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 regulation or determination of the Secretary under this title. “Sec. 212. “presidential guidelines The authorities granted to the Secretary pursuant to 22 USC 4312. the provisions of this title shall be exercised in accordance with procedures and guidelines approved by the President. “Sec. 213. “severability If any provision of this title or the application thereof to 22 USC 4313. any person or circumstance is held invalid, the remainder of this title and the application of such provision to any other person or circumstance shall not be affected thereby.”.

1 of 1 references resolved to an enrolled provision