U.S. Code » Title 22 » Chapter CHAPTER 53— AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS

22 U.S.C. § 4302

Definitions

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(a) For purposes of this chapter—(1) “benefit” (with respect to a foreign mission) means any acquisition, or authorization for an acquisition, in the United States by or for a foreign mission, including the acquisition of—(A) real property by purchase, lease, exchange, construction, or otherwise,(B) public services, including services relating to customs, importation, and utilities, and the processing of applications or requests relating to public services,(C) supplies, maintenance, and transportation,(D) locally engaged staff on a temporary or regular basis,(E) travel and related services,(F) protective services, and(G) financial and currency exchange services,and includes such other benefits as the Secretary may designate;(2) “chancery” means the principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), and includes the site and any building on such site which is used for such purposes;(3) “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;(4) “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;(5) “Secretary” means the Secretary of State;(6) “sending State” means the foreign government, territory, or political entity represented by a foreign mission; and(7) “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.(b) Determinations with respect to the meaning and applicability of the terms used in subsection (a) shall be committed to the discretion of the Secretary.(Aug. 1, 1956, ch. 841, title II, § 202, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 283; amended Pub. L. 99–93, title I, § 127(b), Aug. 16, 1985, 99 Stat. 418; Pub. L. 99–569, title VII, § 701, Oct. 27, 1986, 100 Stat. 3204; Pub. L. 100–204, title I, § 153(e), Dec. 22, 1987, 101 Stat. 1353; Pub. L. 103–236, title I, § 162(o)(1), Apr. 30, 1994, 108 Stat. 409.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this title”, meaning title II of act Aug. 1, 1956, ch. 841, as added Aug. 24, 1982, Pub. L. 97–241, title II, § 202(b), 96 Stat. 283, known as the Foreign Missions Act, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 4301 of this title and Tables.

Amendments

1994—Subsec. (a)(3) to (8). Pub. L. 103–236 struck out par. (3) and redesignated former pars. (4) to (8) as (3) to (7), respectively. Prior to amendment, par. (3) read as follows: “ ‘Director’ means the Director of the Office of Foreign Missions established pursuant to section 4303(a) of this title;”.

1987—Subsec. (a)(1)(G). Pub. L. 100–204 added subpar. (G).

1986—Subsec. (a)(4). Pub. L. 99–569 amended par. (4) generally, substituting “which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by” for “involving diplomatic, consular, or other governmental activities of”.

1985—Subsec. (a)(4). Pub. L. 99–93 substituted “mission to or agency in” for “official mission to” in introductory provisions, and inserted “or which engages in some aspect of the conduct of the international affairs of such territory or political entity” before the comma at end of subpar. (B).

Statutory Notes and Related SubsidiariesEffective 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 Date

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

Notes of Decisions
Cited in 8 cases, 1987–2018 · 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× “22 U.S.C. § 4302 (a)(l)(A)~(G). Then, in a phrase set-off from aforementioned list of examples, it states that “benefit” also “includes such other benefits as the Secretary *183 may designate,” id.”
Palestine Info. Off. v. George P. Shultz, Sec'y of State, 853 F.2d 932 (D.C. Cir. 1988). · cites it 5× “The State Department letter included a copy of the official State Department Designation, identifying the PIO as a “foreign mission.” See Public Notice, 52 Fed.Reg.”
Palestine Info. Off. v. Shultz, 674 F. Supp. 910 (D.D.C. 1987). · cites it 9× “The PLO Is a “Political Entity” and the PIO Is an “Entity” for Purposes of Designating the PIO a “Foreign Mission” Pursuant to 22 U.S.C. § 4302 (a)(4)(B) 3. The PIO Is Engaged in “Other Activities” on Behalf of the PLO within the Meaning of 22 U.”
Ross v. DynCorp, 362 F. Supp. 2d 344 (D.D.C. 2005). “1988) (declining to construe the term “entity” to mean “commercial entity” in the provision of the Foreign Missions Act that defines what may constitute a foreign mission, 22 U.S.C. § 4302 (a)(4); noting that “Congress could have added the term ‘commercial entity’ if it had…”
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 2× “22 U.S.C.A. § 4302 (a)(1); D.C.Code § 5-1202(a)(l).”
Dupont Circle Citizens Ass'n v. Dist. of Columbia Bd. of Zoning Adjustment, 530 A.2d 1163 (D.C. 1987). · cites it 2× “22 U.S.C.A. § 4302 (a)(4) (1987 Supp.); D.”
Pitt-Bey v. Dist. of Columbia, 942 A.2d 1132 (D.C. 2008). “See 22 U.S.C. § 4302 (a)(8) (2001); 4 see also Slater v.”
Statutory Restrictions on the PLO's Washington Off. (OLC 2018). “” 22 U.S.C. § 4302 (a)(3). The statute grants the Secretary of State the discretion to determine which organizations constitute a “foreign mission.”
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