§ 4315. — Use of foreign mission in manner incompatible with its status as foreign mission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4315]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
Sec. 4315. Use of foreign mission in manner incompatible with
its status as foreign mission
(a) Establishment of limitation on certain uses
A foreign mission may not allow an unaffiliated alien the use of any
premise of that foreign mission which is inviolable under United States
law (including any treaty) for any purpose which is incompatible with
its status as a foreign mission, including use as a residence.
(b) Temporary lodging
For the purposes of this section, the term ``residence'' does not
include such temporary lodging as may be permitted under regulations
issued by the Secretary.
(c) Waiver
The Secretary may waive subsection (a) of this section with respect
to all foreign missions of a country (and may revoke such a waiver) 30
days after providing written notification of such a waiver, together
with the reasons for such waiver (or revocation of such a waiver), to
the Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(d) Report
Not later than 180 days after December 22, 1987, the Secretary of
State shall submit a report to the Congress concerning the
implementation of this section and shall submit such other reports to
the Congress concerning changes in implementation as may be necessary.
(e) Definitions
For the purposes of this section--
(1) the term ``foreign mission'' includes any international
organization as defined in section 4309(b) of this title; and
(2) the term ``unaffiliated alien'' means, with respect to a
foreign country, an alien who--
(A) is admitted to the United States as a nonimmigrant, and
(B) is not a member, or a family member of a member, of a
foreign mission of that foreign country.
(Aug. 1, 1956, ch. 841, title II, Sec. 215, as added Pub. L. 100-204,
title I, Sec. 128(a), Dec. 22, 1987, 101 Stat. 1343.)
Codification
December 22, 1987, referred to in subsec. (d), was in the original
``the date of the enactment of this Act'', which was translated as
meaning the date of enactment of Pub. L. 100-204, which enacted this
section, to reflect the probable intent of Congress.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Effective Date
Section 128(b) of Pub. L. 100-204 provided that:
``(1) Except as provided in paragraph (2), the amendment made by
subsection (a) [enacting this section] shall apply to any foreign
mission beginning on the date of enactment of this Act [Dec. 22, 1987].
``(2)(A) The amendment made by subsection (a) shall apply beginning
6 months after the date of enactment of this Act with respect to any
nonimmigrant alien who is using a foreign mission as a residence or a
place of business on the date of enactment of this Act.
``(B) The Secretary of State may delay the effective date provided
for in subparagraph (A) for not more than 6 months with respect to any
nonimmigrant alien if the Secretary finds that a hardship to that alien
would result from the implementation of subsection (a).''
