§4302 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Defines key words used in this chapter and says the Secretary of State gets to decide how those words apply. “Benefit” — any gain or service a foreign mission gets in the U.S., covering 7 types including real property, public services (like customs, utilities, and processing requests), supplies and transport, local staff, travel services, protective services, and financial or currency exchange services. “Chancery” — the main diplomatic offices, annexes, and the site/buildings used for them. “Foreign mission” — a mission, agency, or entity in the U.S. tied to a foreign government or to an organization (not an international organization) that represents a territory with U.S. diplomatic privileges or that handles that territory’s international affairs. “Real property” — any right or interest in land or buildings, including offices. “Secretary” — the Secretary of State. “Sending State” — the foreign government, territory, or political entity the mission represents. “United States” — the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories and possessions.

Title 22, §4302

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)For purposes of this chapter—

(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,

(F)protective services, and

(G)financial and currency exchange services,

(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)“foreign mission” means any mission to or agency or entity in the United States which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by—

(A)a foreign government, or

(B)an organization (other than an international organization, as defined in section 4309(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 or which engages in some aspect of the conduct of the international affairs of such territory or political entity,

(4)“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;

(5)“Secretary” means the Secretary of State;

(6)“sending State” means the foreign government, territory, or political entity represented by a foreign mission; and

(7)“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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this title”, meaning title II of act Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L. 97–241, title II, § 202(b), 96 Stat. 283, known as the Foreign Missions Act, which is classified principally to this chapter. For complete classification of title II to the Code, see

Short Title

note set out under section 4301 of this title and Tables.

Amendments

1994—Subsec. (a)(3) to (8). Pub. L. 103–236 struck out par. (3) and redesignated former pars. (4) to (8) as (3) to (7), respectively. Prior to amendment, par. (3) read as follows: “ ‘Director’ means the Director of the Office of Foreign Missions established pursuant to section 4303(a) of this title;”. 1987—Subsec. (a)(1)(G). Pub. L. 100–204 added subpar. (G). 1986—Subsec. (a)(4). Pub. L. 99–569 amended par. (4) generally, substituting “which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by” for “involving diplomatic, consular, or other governmental activities of”. 1985—Subsec. (a)(4). Pub. L. 99–93 substituted “mission to or agency in” for “official mission to” in introductory provisions, and inserted “or which engages in some aspect of the conduct of the international affairs of such territory or political entity” before the comma at end of subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders,

Regulations

, or departmental directives implementing the

Amendments

by section 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title.

Effective Date

Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.

§4302 Definitions

Summary

Title 22, §4302

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Amendments

Effective Date

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