§ 4316. — Application of travel restrictions to personnel of certain countries and organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4316]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
Sec. 4316. Application of travel restrictions to personnel of
certain countries and organizations
(a) Requirement for restrictions
The Secretary shall apply the same generally applicable restrictions
to the travel while in the United States of the individuals described in
subsection (b) of this section as are applied under this chapter to the
members of the missions of the Soviet Union in the United States.
(b) Individuals subject to restrictions
The restrictions required by subsection (a) of this section shall be
applied with respect to those individuals who (as determined by the
Secretary) are--
(1) the personnel of an international organization, if the
individual is a national of any foreign country whose government
engages in intelligence activities in the United States that are
harmful to the national security of the United States;
(2) the personnel of a mission to an international organization,
if that mission is the mission of a foreign government that engages
in intelligence activities in the United States that are harmful to
the national security of the United States; or
(3) the family members or dependents of an individual described
in paragraphs (1) and (2);
and who are not nationals or permanent resident aliens of the United
States.
(c) Waivers
The Secretary, after consultation with the Director of Central
Intelligence and the Director of the Federal Bureau of Investigation,
may waive application of the restrictions required by subsection (a) of
this section if the Secretary determines that the national security and
foreign policy interests of the United States so require.
(d) Repealed. Pub. L. 103-236, title I, Sec. 139(3), Apr. 30, 1994, 108
Stat. 397
(e) Definitions
For purposes of this section--
(1) the term ``generally applicable restrictions'' means any
limitations on the radius within which unrestricted travel is
permitted and obtaining travel services through the auspices of the
Office of Foreign Missions for travel elsewhere, and does not
include any restrictions which unconditionally prohibit the members
of missions of the Soviet Union in the United States from traveling
to designated areas of the United States and which are applied as a
result of particular factors in relations between the United States
and the Soviet Union.\1\
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\1\ So in original. The period probably should be a semicolon.
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(2) the term ``international organization'' means an
organization described in section 4309(b)(1) of this title; and
(3) the term ``personnel'' includes--
(A) officers, employees, and any other staff member, and
(B) any individual who is retained under contract or other
arrangement to serve functions similar to those of an officer,
employee, or other staff member.
(Aug. 1, 1956, ch. 841, title II, Sec. 216, as added Pub. L. 100-204,
title I, Sec. 162(a), Dec. 22, 1987, 101 Stat. 1357; amended Pub. L.
103-236, title I, Sec. 139(3), Apr. 30, 1994, 108 Stat. 397.)
Amendments
1994--Subsec. (d). Pub. L. 103-236 struck out heading and text of
subsec. (d). Text read as follows: ``The Secretary shall transmit to the
Select Committee on Intelligence and the Committee on Foreign Relations
of the Senate, and to the Permanent Select Committee on Intelligence and
the Committee on Foreign Affairs of the House of Representatives, not
later than six months after December 22, 1987, and not later than every
six months thereafter, a report on the actions taken by the Secretary in
carrying out this section during the previous six months.''
Effective Date
Section 162(b) of Pub. L. 100-204 provided that: ``Subsection (a) of
the section enacted by this section [this section] shall take effect 90
days after the date of enactment of this Act [Dec. 22, 1987].''
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and
exercise any authority vested by law in any official or office of
Department of State and references to such officials or offices deemed
to refer to Secretary of State or Department of State, as appropriate,
see section 2651a of this title and section 161(d) of Pub. L. 103-236,
set out as a note under section 2651a of this title.
