§4316 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary must apply the same travel limits inside the United States to certain people that are applied to members of the Soviet Union’s missions. This covers people the Secretary decides are staff of an international organization who are citizens of countries that do harmful spying in the United States, staff of a country’s mission to an international organization if that country spies harmfully in the United States, and their family members or dependents. The Secretary can waive these limits after talking with the Director of Central Intelligence and the FBI if U.S. national security or foreign policy needs it. "Generally applicable restrictions" means limits on how far they can travel and on getting travel help from the Office of Foreign Missions (not blanket area bans tied to U.S.-Soviet relations). "International organization" means the kind listed in 22 U.S.C. 4309(b)(1). "Personnel" means officers, employees, other staff, and contractors doing similar work.

Title 22, §4316

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Secretary shall apply the same generally applicable restrictions to the travel while in the United States of the individuals described in subsection (b) as are applied under this chapter to the members of the missions of the Soviet Union in the United States.

(b)The restrictions required by subsection (a) shall be applied with respect to those individuals who (as determined by the Secretary) are—

(1)the personnel of an international organization, if the individual is a national of any foreign country whose government engages in intelligence activities in the United States that are harmful to the national security of the United States;

(2)the personnel of a mission to an international organization, if that mission is the mission of a foreign government that engages in intelligence activities in the United States that are harmful to the national security of the United States; or

(3)the family members or dependents of an individual described in paragraphs (1) and (2);

(c)The Secretary, after consultation with the Director of Central Intelligence and the Director of the Federal Bureau of Investigation, may waive application of the restrictions required by subsection (a) if the Secretary determines that the national security and foreign policy interests of the United States so require.

(d)

(e)For purposes of this section—

(1)the term “generally applicable restrictions” means any limitations on the radius within which unrestricted travel is permitted and obtaining travel services through the auspices of the Office of Foreign Missions for travel elsewhere, and does not include any restrictions which unconditionally prohibit the members of missions of the Soviet Union in the United States from traveling to designated areas of the United States and which are applied as a result of particular factors in relations between the United States and the Soviet Union.11 So in original. The period probably should be a semicolon.

(2)the term “international organization” means an organization described in section 4309(b)(1) of this title; and

(3)the term “personnel” includes—

(A)officers, employees, and any other staff member, and

(B)any individual who is retained under contract or other arrangement to serve functions similar to those of an officer, employee, or other staff member.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (d). Pub. L. 103–236 struck out heading and text of subsec. (d). Text read as follows: “The Secretary shall transmit to the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate, and to the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives, not later than six months after December 22, 1987, and not later than every six months thereafter, a report on the actions taken by the Secretary in carrying out this section during the previous six months.”

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Effective Date

Pub. L. 100–204, title I, § 162(b), Dec. 22, 1987, 101 Stat. 1358, provided that: “Subsection (a) of the section enacted by this section [this section] shall take effect 90 days after the date of enactment of this Act [Dec. 22, 1987].” Authority of Secretary of State Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title.

§4316 Application of Travel Restrictions to Personnel of Certain Countries and Organizations