§4315 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Foreign missions must not let people who are not part of the mission use any part of the mission that U.S. law treats as off-limits (including by treaty) for activities that do not fit the mission’s official role, and they cannot be used as a residence for such unaffiliated people. The Secretary of State can allow short-term lodging by rule; those short stays are not counted as a "residence." The Secretary may grant or cancel a country-wide exception, but the exception takes effect 30 days after a written notice with reasons is sent to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. The Secretary must report to Congress on implementation within 180 days after December 22, 1987, and send other reports as needed. Definitions: "foreign mission" includes certain international organizations; "unaffiliated alien" means a person admitted as a nonimmigrant who is not a mission member or a mission family member.

Title 22, §4315

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)A foreign mission may not allow an unaffiliated alien the use of any premise of that foreign mission which is inviolable under United States law (including any treaty) for any purpose which is incompatible with its status as a foreign mission, including use as a residence.

(b)For the purposes of this section, the term “residence” does not include such temporary lodging as may be permitted under regulations issued by the Secretary.

(c)The Secretary may waive subsection (a) with respect to all foreign missions of a country (and may revoke such a waiver) 30 days after providing written notification of such a waiver, together with the reasons for such waiver (or revocation of such a waiver), to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

(d)Not later than 180 days after December 22, 1987, the Secretary of State shall submit a report to the Congress concerning the implementation of this section and shall submit such other reports to the Congress concerning changes in implementation as may be necessary.

(e)For the purposes of this section—

(1)the term “foreign mission” includes any international organization as defined in section 4309(b) of this title; and

(2)the term “unaffiliated alien” means, with respect to a foreign country, an alien who—

(A)is admitted to the United States as a nonimmigrant, and

(B)is not a member, or a family member of a member, of a foreign mission of that foreign country.

Notes & Related Subsidiaries

Editorial Notes

Codification December 22, 1987, referred to in subsec. (d), was in the original “the date of the enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 100–204, which enacted this section, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 100–204, title I, § 128(b), Dec. 22, 1987, 101 Stat. 1343, provided that: “(1) Except as provided in paragraph (2), the amendment made by subsection (a) [enacting this section] shall apply to any foreign mission beginning on the date of enactment of this Act [Dec. 22, 1987]. “(2)(A) The amendment made by subsection (a) shall apply beginning 6 months after the date of enactment of this Act with respect to any nonimmigrant alien who is using a foreign mission as a residence or a place of business on the date of enactment of this Act. “(B) The Secretary of State may delay the

Effective Date

provided for in subparagraph (A) for not more than 6 months with respect to any nonimmigrant alien if the Secretary finds that a hardship to that alien would result from the implementation of subsection (a).”

§4315 Use of foreign mission in manner incompatible with its status as foreign mission

Summary

Title 22, §4315

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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