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

22 U.S.C. § 4305

Property of foreign missions

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(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) DivestureThe 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 propertyIf 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) 11 See References in Text note below. 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.(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 NotesReferences in Text

Section 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.

Amendments

1994—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 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 13 cases, 1985–2017 · leading case: Flatow v. Islamic Repub. of Iran, 76 F. Supp. 2d 16 (D.D.C. 1999).
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Flatow v. Islamic Repub. of Iran, 76 F. Supp. 2d 16 (D.D.C. 1999). · cites it 3× “See Foreign Missions Act, 22 U.S.C. § 4305 (c) (providing that “[i]f 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 .”
Bennett v. Islamic Repub. of Iran, 618 F.3d 19 (D.C. Cir. 2010). · cites it 2× “95, which requires signatory states to "respect and protect" the premises and property of a mission if diplomatic relations are severed or a mission is recalled, and the Foreign Missions Act, 22 U.S.C. § 4305 (c)(1) (2006), which authorizes the Secretary of State to "protect and…”
Rubin v. Islamic Repub. of Iran, 408 F. Supp. 2d 549 (N.D. Ill. 2005). · cites it 2× “Government itself, which had standing to assert FSIA defenses because it took custody of and leased the Iranian properties in issue against Iran’s wishes but pursuant to the Foreign Missions Act, 22 U.S.C. § 4305 (c). 4 Id. at 21 . Not surprisingly, the Flatow Court found that,…”
City of Englewood v. Socialist People's Libyan Arab Jamahiriya, 773 F.2d 31 (3rd Cir. 1985). “22 U.S.C. § 4305 (1982). The January 19, 1983 letter was followed by an exchange of correspondence between Libya and the Office of Foreign Missions which, on June 10, 1983, culminated in the Secretary of State’s imposing rather severe limitations on Libya’s use of the premises.”
Box v. Dallas Mexican Consulate Gen., 487 F. App'x 880 (5th Cir. 2012). “” 22 U.S.C. § 4305 (a)(1). 10 . The Consulate suggests in its brief that the new Ambassador responded expeditiously when he entered office and learned of the past default judgment.”
Nat'l Trust for Historic Pres. v. Dep't of State, 834 F. Supp. 443 (D.D.C. 1993). · cites it 3× “22 U.S.C. § 4305 (a)(1)(A). No veto was issued.”
Hegna v. Islamic Repub. of Iran, 287 F. Supp. 2d 608 (D. Maryland 2003). “1999), and the Foreign Missions Act, see 22 U.S.C. §§ 4305 (c) & 4308(f). Plaintiffs concede as much.”
Palestine Info. Off. v. Shultz, 674 F. Supp. 910 (D.D.C. 1987). “The Department of State further determined that the PIO “(1) must divest itself of all real property under 22 U.S.C. § 4305 (b); (2) must acquire and dispose of all benefits as defined by 22 U.”
Sheridan Kalorama Historical Ass'n v. Christopher, 49 F.3d 750 (D.C. Cir. 1995). · cites it 2× “Section 205 of the FMA requires a foreign mission to notify the Secretary of State of “any acquisition or alteration of, or addition to, any real property or any change in the purpose for which real property is used,” 22 U.S.C. § 4305 (a)(2), and gives the Secretary 60 days…”
United States v. Epstein, 27 F. Supp. 2d 404 (S.D.N.Y. 1998). “The Government, through the Secretary of State, was entrusted with the care and maintenance of the Premises under the Foreign Missions Act (“FMA”), 22 U.S.C. § 4305 (c), and the Vienna Convention on Consular Relations, Apr.”
Hegna, Edwena A. v. Islamic Repub., 380 F.3d 1000 (7th Cir. 2004). “The properties have been maintained by the Office of Foreign Missions of the United States Department of State since 1982 pursuant to the Foreign Missions Act, 22 U.S.C. § 4305 (c)(1). 1 Invoking TRIA § 201(a), the Hegnas sought to recover on their § 1605(a)(7) judgment by…”
Shatsky v. Syrian Arab Repub. (D.D.C. 2017). “It is recognized by the United States as a Foreign Mission pursuant to Section 205 of the Foreign Missions Act, 22 U.S.C. § 4305 . See 111 re Desz'gnation and Delerminatl`on, Pub.”
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