22 U.S.C. § 4309a: United States responsibiliti…

Summary

The United States must let people who work for or are authorized by the United Nations come into and leave the country and must allow them to have nearby offices or facilities for official work inside the agreed United Nations Headquarters District. The U.S. can set reasonable rules about where they enter or leave and about the location and size of those facilities. The United States does not have to allow other activities, including private or nonofficial work, outside the Headquarters District. Any activities or benefits outside that district can be allowed, denied, or regulated as the U.S. decides under this law. The Secretary of State must tell Congress, within 30 days after August 16, 1985, what the plans are to carry this out and must report again within 6 months on what was done. The rule does not apply to U.S. citizens. The “United Nations Headquarters District” means the area the U.S. and the U.N. agree on, plus any nearby areas the Secretary of State approves so the U.N. can function.

Title 22, §4309a

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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), Apr. 30, 1994, 108 Stat. 399.

(c)Reports

The Secretary shall report to the Congress—

(1)not later than 30 days after August 16, 1985, 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.

Notes & Related Subsidiaries

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.”

§4309a United States Responsibilities for Employees of the United Nations