§ 4305. — Property of foreign missions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4305]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
Sec. 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 2405(j) of the Appendix to 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, Sec. 205, as added Pub. L. 97-241,
title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 285; amended Pub. L. 99-
93, title I, Sec. 127(d), (e), Aug. 16, 1985, 99 Stat. 418; Pub. L. 100-
204, title I, Sec. 161, Dec. 22, 1987, 101 Stat. 1356; Pub. L. 103-236,
title I, Sec. 162(o)(5), Apr. 30, 1994, 108 Stat. 410.)
Amendments
1994--Subsec. (a). Pub. L. 103-236, Sec. 162(o)(5)(A), substituted
``Secretary prior to'' for ``Director prior to'' in introductory
provisions.
Subsec. (c)(2). Pub. L. 103-236, Sec. 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, Sec. 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, Sec. 127(d), added par. (3).
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.
Section Referred to in Other Sections
This section is referred to in sections 4306, 4307 of this title.
