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Title 22 — Foreign Relations and Intercourse

Chapter 53 — Authorities Relating to the Regulation of Foreign Missions

§ 4309a. United States responsibilities for employees of the United Nations

Statutory text

(a)

Findings

The Congress finds that—

(1)

pursuant to the Agreement Between the United States and the United Nations Regarding the Headquarters of the United Nations (authorized by Public Law 80–357 (22 U.S.C. 287 note)), the United States has accepted—

(A)

the obligation to permit and to facilitate the right of individuals, who are employed by or are authorized by the United Nations to conduct official business in connection with that organization or its agencies, to enter into and exit from the United States for purposes of conducting official activities within the United Nations Headquarters District, subject to regulation as to points of entry and departure; and

(B)

the implied obligation to permit and to facilitate the acquisition of facilities in order to conduct such activities within or in proximity to the United Nations Headquarters District, subject to reasonable regulation including regulation of the location and size of such facilities; and

(2)

taking into account paragraph (1) and consistent with the obligation of the United States to facilitate the functioning of the United Nations, the United States has no additional obligation to permit the conduct of any other activities, including nonofficial activities, by such individuals outside of the United Nations Headquarters District.

(b)

Activities of United Nations employees

(1)

The conduct of any activities, or the acquisition of any benefits (as defined in section 4301(a)(1) of this title), outside the United Nations Headquarters District by any individual employed by, or authorized by the United Nations to conduct official business in connection with, that organization or its agencies, or by any person or agency acting on behalf thereof, may be permitted or denied or subject to reasonable regulation, as determined to be in the best interests of the United States and pursuant to this chapter.

(2)

Repealed. Pub. L. 103–236, title I, § 139(26), , 108 Stat. 399.

(c)

Reports

The Secretary shall report to the Congress—

(1)

not later than 30 days after , on the plans of the Secretary for implementing this section; and

(2)

not later than 6 months thereafter, on the actions taken pursuant to those plans.

(d)

United States nationals

This section shall not apply with respect to any United States national.

(e)

“United Nations Headquarters District” defined

For purposes of this section, the term “United Nations Headquarters District” means the area within the United States which is agreed to by the United Nations and the United States to constitute such a district, together with such other areas as the Secretary of State may approve from time to time in order to permit effective functioning of the United Nations or missions to the United Nations.

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. Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

    Pub. L. 99–93 title I § 141 · 99 Stat. 405

    Enacted · 22 U.S.C. § 4309a

    Aug. 1, 1956, ch. 841, title II, § 209A, as added Pub. L. 99–93, title I, § 141, Aug. 16, 1985, 99 Stat. 423

    Source evidence

    Code source credit
    Aug. 1, 1956, ch. 841, title II, § 209A, as added Pub. L. 99–93, title I, § 141, Aug. 16, 1985, 99 Stat. 423

    Enacted provision · exact public law section
    SEC. 141. UNITED STATES RESPONSIBILITIES FOR EMPLOYEES OF THE UNITED NATIONS. Title II of the State Department Basic Authorities Act of 1956 is amended by adding after section 209 (22 U.S.C. 4309) the following new section: “SEC. 209A. UNITED STATES RESPONSIBILITIES FOR EMPLOYEES OF THE UNITED NATIONS. “(a) Findings.— The Congress finds that— “(1) pursuant to the Agreement Between the United States and the United Nations Regarding the Headquarters of the United Nations (authorized by Public Law 80–357 (22 U.S.C. 287 note)), the United States has accepted— “(A) the obligation to permit and to facilitate the right of individuals, who are employed by or are authorized by the United Nations to conduct official business in connection with that organization or its agencies, to enter into and exit from the United States for purposes of conducting official activities within the United Nations Headquarters District, subject to regulation as to points of entry and departure; and “(B) the implied obligation to permit and to facilitate the acquisition of facilities in order to conduct such activities within or in proximity to the United Nations Headquarters District, subject to reasonable regulation including regulation of the location and size of such facilities; and “(2) taking into account paragraph (1) and consistent with the obligation of the United States to facilitate the functioning of the United Nations, the United States has no additional obligation to permit the conduct of any other activities, including nonofficial activities, by such individuals outside of the United Nations Headquarters District. “(b) Activities of United Nations Employees.— (1) The conduct of any activities, or the acquisition of any benefits (as defined in section 201(a)(1) of this title), outside the United Nations Headquarters 22 USC 4301. District by any individual employed by, or authorized by the United Nations to conduct official business in connection with, that organization or its agencies, or by any person or agency acting on behalf thereof, may be permitted or denied or subject to reasonable regulation, as determined to be in the best interests of the United States and pursuant to this title. “(2) The Secretary shall apply to those employees of the United Nations Secretariat who are nationals of a foreign country or members of a foreign mission all terms, limitations, restrictions, and conditions which are applicable pursuant to this title to the members of that country’s mission or of any other mission to the United Nations unless the Secretary determines and reports to the Con-gress that national security and foreign policy circumstances require that this paragraph be waived in specific circumstances. “(c) Reports.— The Secretary shall report to the Congress— “(1) not later than 30 days after the date of the enactment of this section, on the plans of the Secretary for implementing this section; and “(2) not later than 6 months thereafter, on the actions taken pursuant to those plans. “(d) United States Nationals.— This section shall not apply with respect to any United States national. “(e) Definitions.— For purposes of this section, the term ‘United Nations Headquarters District’ means the area within the United States which is agreed to by the United Nations and the United States to constitute such a district, together with such other areas as the Secretary of State may approve from time to time in order to permit effective functioning of the United Nations or missions to the United Nations.”.

  2. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 title I § 139(26) · 108 Stat. 382

    Struck · 22 U.S.C. § 4309a(b)(2)

    Pub. L. 103–236 struck out par. (2) which read as follows: “The Secretary shall apply to those employees of the United Nations Secretariat who are nationals of a foreign country or members of a foreign mission all terms, limitations, restrictions, and conditions which are applicable pursuant to this chapter to the members of that country’s mission or of any other mission to the United Nations unless the Secretary determines and reports to the Congress that national security and foreign policy circumstances require that this paragraph be waived in specific circumstances.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 103–236 struck out par. (2) which read as follows: “The Secretary shall apply to those employees of the United Nations Secretariat who are nationals of a foreign country or members of a foreign mission all terms, limitations, restrictions, and conditions which are applicable pursuant to this chapter to the members of that country’s mission or of any other mission to the United Nations unless the Secretary determines and reports to the Congress that national security and foreign policy circumstances require that this paragraph be waived in specific circumstances.”

    Enacted provision · exact public law section
    (26) Section 209A(b)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4309a) relating to United States responsibility for employees of the United Nations.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

Public Law 80–357, referred to in subsec. (a)(1), is act Aug. 4, 1947, ch. 482, 61 Stat. 756, which is set out as a note under section 287 of this title.

Amendments

1994—Subsec. (b)(2). Pub. L. 103–236 struck out par. (2) which read as follows: “The Secretary shall apply to those employees of the United Nations Secretariat who are nationals of a foreign country or members of a foreign mission all terms, limitations, restrictions, and conditions which are applicable pursuant to this chapter to the members of that country’s mission or of any other mission to the United Nations unless the Secretary determines and reports to the Congress that national security and foreign policy circumstances require that this paragraph be waived in specific circumstances.”

Credits

1956–1994 · 2 acts
  1. 1956Aug. 1, 1956, ch. 841, title II, § 209A, as added Pub. L. 99–93, title I, § 141, , 99 Stat. 423
  2. 1994amended Pub. L. 103–236, title I, § 139(26), , 108 Stat. 399.
Show as published

(Aug. 1, 1956, ch. 841, title II, § 209A, as added Pub. L. 99–93, title I, § 141, , 99 Stat. 423; amended Pub. L. 103–236, title I, § 139(26), , 108 Stat. 399.)

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