§254c — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President can set special privileges and legal protections for an embassy, its staff, their families, and diplomatic couriers. He can make those rules more or less favorable than the Vienna Convention if other countries treat our diplomats the same, and he decides the details. The Secretary of State, with the Attorney General’s agreement, can do the same for consular offices, their staff, and families. Before using this power, the Secretary must consult the House Committees on Foreign Affairs and Appropriations and the Senate Committees on Foreign Relations and Appropriations about when such changes might be needed.

Title 22, §254c

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)(1)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 AmendmentAmendment 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 beginning 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 Secretary of State Respecting Privileges and Immunities 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: 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).

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

Summary

Title 22, §254c

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Executive Documents

Citations & Metadata