§4305 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Foreign embassies and missions must tell the Secretary of State before they try to buy, sell, or change any real property in the United States. After they notify, they must wait 60 days (or a shorter time if the Secretary of State allows) before doing contracts or other actions. They can go ahead only if the Secretary of State does not disapprove during that time. “Acquisition” here also covers changes, additions, or a new use of property. The Secretary of State can force a mission to give up or stop using property if it was not handled under these rules, if it goes beyond what a U.S. mission could have in that country, or if it’s needed to protect U.S. interests. If a mission stops operating and has not named an approved protecting power, the Secretary of State may protect the property and may sell it after one year, sending the net money to the sending country. Since December 22, 1987, the Secretary of Defense or the FBI (after consulting the Secretary of State) can block purchases by certain countries if the property would greatly help those countries’ ability to intercept U.S. communications or do harmful intelligence. The listed countries include those named as Communist in law, those tied to terrorism under law, and any country doing hostile intelligence. An exception keeps countries that had no mission in the U.S. on December 22, 1987 from being barred from opening one.

Title 22, §4305

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)The Secretary shall require any foreign mission, including any mission to an international organization (as defined in section 4309(b)(2) of this title), to notify the Secretary prior to any proposed acquisition, or any proposed sale or other disposition, of any real property by or on behalf of such mission. 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 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;

(2)to exceed limitations placed on real property available to a United States mission in the sending State; or

(3)where otherwise necessary to protect the interests of the United States.

(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 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.

(d)(1)After December 22, 1987, real property in the United States may not be acquired (by sale, lease, or other means) by or on behalf of the foreign mission of a foreign country described in paragraph (4) if, in the judgment of the Secretary of Defense (after consultation with the Secretary of State), the acquisition of that property might substantially improve the capability of that country to intercept communications involving United States Government diplomatic, military, or intelligence matters.

(2)After December 22, 1987, real property in the United States may not be acquired (by sale, lease, or other means) by or on behalf of the foreign mission of a foreign country described in paragraph (4) if, in the judgment of the Director of the Federal Bureau of Investigation (after consultation with the Secretary of State), the acquisition of that property might substantially improve the capability of that country to engage in intelligence activities directed against the United States Government, other than the intelligence activities described in paragraph (1).

(3)The Secretary of State shall inform the Secretary of Defense and the Director of the Federal Bureau of Investigation immediately upon notice being given pursuant to subsection (a) of this section of a proposed acquisition of real property by or on behalf of the foreign mission of a foreign country described in paragraph (4).

(4)For the purposes of this subsection, the term “foreign country” means—

(A)any country listed as a Communist country in section 2370(f) of this title;

(B)any country determined by the Secretary of State, for purposes of section 4605(j) 11 See References in Text note below. of title 50, to be a country which has repeatedly provided support for acts of international terrorism; and

(C)any other country which engages in intelligence activities in the United States which are adverse to the national security interests of the United States.

(5)As used in this section, the term “substantially improve” shall not be construed to prevent the establishment of a foreign mission by a country which, on December 22, 1987—

(A)does not have a mission in the United States, or

(B)with respect to a city in the United States, did not maintain a mission in that city.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4605(j) of title 50, referred to in subsec. (d)(4)(B), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

Amendments

1994—Subsec. (a). Pub. L. 103–236, § 162(o)(5)(A), substituted “Secretary prior to” for “Director prior to” in introductory provisions. Subsec. (c)(2). Pub. L. 103–236, § 162(o)(5)(B), struck out “authorize the Director to” before “dispose of”. 1987—Subsec. (d). Pub. L. 100–204 added subsec. (d). 1985—Subsec. (a)(1). Pub. L. 99–93, § 127(e), substituted “shall” for “may” and inserted “, including any mission to an international organization (as defined in section 4309(b)(2) of this title),” after “foreign mission” in first sentence, and substituted “The” for “If such a notification is required, the” in second sentence. Subsec. (b)(3). Pub. L. 99–93, § 127(d), added par. (3).

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.

§4305 Property of Foreign Missions

Summary

Title 22, §4305

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Amendments

Effective Date

Citations & Metadata