If the Secretary determines that such action is reasonably necessary on the basis of reciprocity or otherwise-
then the Secretary may require a foreign mission (A) to obtain benefits from or through the Secretary on such terms and conditions as the Secretary may approve, or (B) to forego the acceptance, use, or relation of any benefit or to comply with such terms and conditions as the Secretary may determine as a condition to the execution or performance in the United States of any contract or other agreement, the acquisition, retention, or use of any real property, or the application for or acceptance of any benefit (including any benefit from or authorized by any Federal, State, or municipal governmental authority, or any entity providing public services).
Terms and conditions established by the Secretary under this section may include-
For purposes of effectuating a waiver of recourse which is required under this section, the Secretary may designate any officer of the Department of State as the agent of a foreign mission (or of any assignee of or person deriving rights from a foreign mission). Any such waiver by an officer so designated shall for all purposes (including any court or administrative proceeding) be deemed to be a waiver by the foreign mission (or the assignee of or other person deriving rights from a foreign mission).
Nothing in this chapter shall be deemed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section or of title 18 at a level commensurate with protective requirements as determined by the United States Secret Service.
22 U.S.C. § 4304
Aug. 1, 1956, ch. 841, title II, §204, as added Pub. L. 97-241, title II, §202(b), Aug. 24, 1982, 96 Stat. 284; amended Pub. L. 99-93, title I, §§126(b), 127(c), Aug. 16, 1985, 99 Stat. 418; Pub. L. 101-2461990; Pub. L. 103-2361994; Pub. L. 103-4151994; Pub. L. 109-1772006.
REFERENCES IN TEXTThe Foreign Service Buildings Act, 1926, referred to in subsec. (f)(1), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is classified generally to chapter 8 (§292 et seq.) of this title. For complete classification of this Act to the Code, see sectionof this title and Tables.
AMENDMENTS 2006-Subsec. (e). Pub. L. 109-177substituted "section Secretary on such terms" for "Director on such terms" in subsecs. (a) and (b) and "Secretary" for "Director" in subsec. (c)(1).Subsec. (d). Pub. L. 103-236as amended by Pub. L. 103-415, substituted "any officer" for "the Director or any other officer".1990-Subsec. (b)(5). Pub. L. 101-246added par. (5). Subsec. (f). Pub. L. 101-246added subsec. (f). 1985-Subsec. (b). Pub. L. 99-93inserted "to forego the acceptance, use, or relation of any benefit or" after "(B)" in provisions following par. (4).Subsec. (e). Pub. L. 99-93substituted "chapter" for "section" and was executed by making the substitution to first reference to "section" as the probable intent of Congress.or of title 18" for "section 202 of title 3 or section of title 18".Pub. L. 109-177which directed amendment of section 204(e) of the State Department Basic Authorities Act by substituting "sections 3056 or 3056A" for "section 202 of title 3 or section 3056", was not executed, because this section is section 204 of the State Department Basic Authorities Act of 1956 and because of the amendment by Pub. L. 105-277. See note above. 1994-Subsecs. (a) to (c)(1). Pub. L. 103-236substituted "
CHANGE OF NAMECommittee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding sectionof Title 2, The Congress.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment 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 sections 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 sectionof this title.
EFFECTIVE DATE OF 1985 AMENDMENT Amendment by section 126(b) of Pub. L. 99-93 effective Oct. 1, 1985, see section 126(e) of Pub. L. 99-93, set out as an Effective Date note under sectionof this title.
EFFECTIVE DATESection effective Oct. 1, 1982, see section 204 of Pub. L. 97-241, set out as a note under sectionof this title.
TRANSFER OF FUNCTIONSFor transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections , , ,and of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section of Title 6.
- "Secretary" means the Secretary of State;
- United States
- "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.
- foreign mission
- "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, including any real property of such a mission and including the personnel of such a mission;
- real property
- "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;
- sending State
- "sending State" means the foreign government, territory, or political entity represented by a foreign mission; and