22 U.S.C. § 4305

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 4305 - Property of foreign missions

(a) Proposed acquisition, sale, or other disposition

(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) Divesture

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) Cessation of diplomatic, consular, and other governmental activities in United States; protecting power or other agent; disposition of property

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) Protection from future hostile intelligence activities in United States

(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) ¹ 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.

¹ See References in Text note below.

22 U.S.C. § 4305

Aug. 1, 1956, ch. 841, title II, §205, as added Pub. L. 97-241, title II, §202(b), Aug. 24, 1982, 96 Stat. 285; amended Pub. L. 99-93, title I, §127(d), (e), Aug. 16, 1985, 99 Stat. 418; Pub. L. 100-204, title I, §161, Dec. 22, 1987, 101 Stat. 1356; Pub. L. 103-236, title I, §162(o)(5), Apr. 30, 1994, 108 Stat. 410.

EDITORIAL NOTES

REFERENCES IN TEXTSection 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.

AMENDMENTS1994-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 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 section 2651a of this title.

EFFECTIVE DATESection effective Oct. 1, 1982, see section 204 of Pub. L. 97-241 set out as a note under section 4301 of this title.

Secretary: "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