22 U.S.C. § 4301

Congressional declaration of findings and policy

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(a) Findings

The Congress finds that the operation in the United States of foreign missions and public international organizations and the official missions to such organizations, including the permissible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction.

(b) Policy

The Congress declares that it is the policy of the United States to support the secure and efficient operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international organizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observance of corresponding obligations in accordance with international law.

The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due consideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represented by that foreign mission, as well as matters relating to the protection of the interests of the United States.

(Aug. 1, 1956, ch. 841, title II, § 201, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 283; amended Pub. L. 99–93, title I, § 127(a), Aug. 16, 1985, 99 Stat. 418.)Editorial NotesAmendments

1985—Subsec. (c). Pub. L. 99–93 inserted “, as well as matters relating to the protection of the interests of the United States”.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 97–241, title II, § 204, Aug. 24, 1982, 96 Stat. 291, provided that: “The amendments made by this title [see Short Title note below] shall take effect on October 1, 1982.”

Short Title of 1983 Amendment

Pub. L. 98–164, title VI, § 601, Nov. 22, 1983, 97 Stat. 1042, provided that: “This title [enacting section 4304a of this title, amending sections 254e and 4303 of this title, and enacting provisions set out as a note under section 4303 of this title] may be cited as the ‘Foreign Missions Amendments Act of 1983’.”

Short Title

Pub. L. 97–241, title II, § 201, Aug. 24, 1982, 96 Stat. 282, provided that: “This title [enacting this chapter, amending sections 254a, 254b, 254c, 2662, and 2684 of this title and section 1364 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as a note under this section] may be cited as the ‘Foreign Missions Act’.”

United States Department of State Freedom of Expression

Pub. L. 100–204, title I, § 133, Dec. 22, 1987, 101 Stat. 1344, provided that:“(a)Finding.—Congress finds that the United States Department of State, on September 15, 1987, declared itself to be a temporary foreign diplomatic mission for the purpose of denying free speech to American citizens who planned to protest the tyranny of the Soviet regime.“(b)Prohibition.—It is not in the national security interest of the United States for the Department of State to declare, and it shall not declare, itself to be a foreign diplomatic mission.”

United States-Soviet Reciprocity in Matters Relating to Embassies

Pub. L. 101–246, title I, § 134, Feb. 16, 1990, 104 Stat. 33, authorized Secretary of State to allow Soviet mission to United States to occupy, on a reciprocal basis, a consulate facility in United States, provided that United States mission in Kiev would be able to occupy an interim facility intended for conduct of unclassified activities, and required Secretary of State to submit to Congress a long-term plan for acquiring secure permanent facilities for United States mission in Kiev, prior to repeal by Pub. L. 103–199, title V, § 502(c)(1), Dec. 17, 1993, 107 Stat. 2326.

Pub. L. 100–204, title I, § 153(a)–(d), Dec. 22, 1987, 101 Stat. 1353, authorized Secretary of State to obtain full cooperation of Soviet government, on a reciprocal basis, in areas of diplomatic and consular finance, access to goods, and use of real property and prohibited Secretary of State from allowing Soviet mission to United States to occupy any new consulate in United States until United States mission in Kiev was able to occupy secure permanent facilities, prior to repeal by Pub. L. 103–199, title V, § 502(e)(1), Dec. 17, 1993, 107 Stat. 2326. Section 153(d) of Pub. L. 100–204 was also repealed by Pub. L. 103–236, title I, § 139(15), Apr. 30, 1994, 108 Stat. 398.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1985–2023 · leading case: City of New York v. Permanent Mission of India to the United Nations, 618 F.3d 172 (2d Cir. 2010).

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City of New York v. Permanent Mission of India to the United Nations, 618 F.3d 172 (2d Cir. 2010). · cites it 4× “In June 2009, the State Department issued a notice pursuant to its authority under the Foreign Missions Act, 22 U.S.C. § 4301 et seq., establishing an exemption from real property taxes on property owned by foreign governments and used to house the staff of permanent missions to…”

Embassy of the People's Repub. of Benin v. Dist. of Columbia Bd. of Zoning Adjustment, 534 A.2d 310 (D.C. 1987). · cites it 6× “We hold that Benin’s application for a special exception to construct a radio antenna tower is subject to the procedures established by the Foreign Missions Act (FMA), 22 U.S.C.A. § 4301 et seq. (1987 Supp.); D.”

Sturdza v. United Arab Emirates, 281 F.3d 1287 (D.C. Cir. 2002). “licensing requirement would violate the Foreign Missions Act, 22 U.S.C. § 4301 . Not only does she fail to tell us which provision of the statute she thinks is implicated, but she relies on a case dealing with an entirely different situation: the D.”

Bennett v. Islamic Repub. of Iran, 604 F. Supp. 2d 152 (D.D.C. 2009). · cites it 3× “7502 (1972), the Foreign Missions Act, 22 U.S.C. §§ 4301 , et seq., the Foreign Sovereign Immunities Act (FSIA), 28 U.”

Natl Mining Assn v. Fowler, John, 324 F.3d 752 (D.C. Cir. 2003). “Sheridan Kalorama involved the Secretary of State’s decision not to exercise his veto power under the Foreign Missions Act, 22 U.S.C. § 4301 et seq., to halt the Republic of Turkey’s plans to demolish its chancery.”

Estates of Ungar Ex Rel. Strachman v. Palestinian Auth., 153 F. Supp. 2d 76 (D.R.I. 2001). “Defendant PA and defendant PLO claim that Jilani and Rahman do not qualify as managing or general agents because they are not authorized to accept service of process on behalf of the PA or the PLO. In addition, they claim that Jilani is immune from service pursuant to the…”

Palestine Info. Off. v. George P. Shultz, Sec'y of State, 853 F.2d 932 (D.C. Cir. 1988). “That court upheld the State Department’s action as within its discretion under the Foreign Missions Act, 22 U.S.C. §§ 4301 et seq., and the Constitution.”

Est. of Klieman v. Palestinian Auth., 424 F. Supp. 2d 153 (D.D.C. 2006). “The Statement, which is silent on the issue of Palestinian statehood, expressly is limited to an argument that the Ungar plaintiffs’ attempt to enforce the judgments by seeking the sale and eviction of the Palestinian Permanent Observer Mission to the United Nations, located in…”

Nat'l Trust for Historic Pres. v. Dep't of State, 834 F. Supp. 443 (D.D.C. 1993). · cites it 5× “, and the Foreign Missions Act, 22 U.S.C. § 4301 et seq. Additionally, the plaintiffs charge that the FM-BZA is without jurisdiction to consider chancery requests relating to demolition and expansion.”

Sturdza v. United Arab Emirates, 11 A.3d 251 (D.C. 2011). “273 (codified as 22 U.S.C. §§ 4301 etseq. (2006)). . Pub.L.”

City of Englewood v. Socialist People's Libyan Arab Jamahiriya, 773 F.2d 31 (3rd Cir. 1985). “On January 19, 1983, the *33 United States Mission notified all other United Nations missions that, pursuant to a determination by the Secretary of State, the Foreign Missions Act, 22 U.S.C. § 4301 et seq. (1982 & Supp. 1 1983) was applicable to acquisitions of real property by…”

Amtorg Trading Corp. v. Broadway & 56th Street Assocs., 191 A.D.2d 212 (N.Y. App. Div. 1993). “*213 Under terms of the Foreign Missions Act ( 22 USC § 4301 et seq.), Amtorg has been treated as a foreign mission of the Soviet Union and its successors and is not permitted to lease real property without the approval of the United States Department of State.”

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— 22 U.S.C. § 4301(a) — 1 case

Embassy of the People's Repub. of Benin v. Dist. of Columbia Bd. of Zoning Adjustment, 534 A.2d 310 (D.C. 1987). “We hold that Benin’s application for a special exception to construct a radio antenna tower is subject to the procedures established by the Foreign Missions Act (FMA), 22 U.S.C.A. § 4301 et seq. (1987 Supp.); D.”

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