ed by that foreign mission as well as matters relating to the protection of the interests of the United States. 73

DEFINITIONS

Sec. 202.(a) For purposes of this title

(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, 74

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) "Director" means the Director of the Office of Foreign Missions established pursuant to section 203(a);

(4) 75 "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 209(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;

(5) "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;

(6) "Secretary" means the Secretary of State;

73 Sec. 127(a) of Public Law 99-93 (99 Stat. 405) added the words "as well as matters relating to the protection of the interests of the United States".

74 Subparagraph (G) was added by sec. 153(e) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1353).

75 Subsec. (4) was substantively amended and restated by sec. 701 of Public Law 99-569, 100 Stat. 3190.

(7) "sending State" means the foreign government, territory, or political entity represented by a foreign mission; and

(8) "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.

OFFICE OF FOREIGN MISSIONS

Sec. 203.76 (a) The Secretary shall establish an Office of Foreign Missions as an office within the Department of State. The Office shall be headed by a Director, appointed by the President by and with the advice and consent of the Senate,77 who shall perform his or her functions under the supervision and direction of the Secretary. The Secretary may delegate this authority for supervision and direction of the Director only to the Deputy Secretary of State or an Under Secretary of State. The Director shall have the rank of ambassador. The Director shall be an individual who is a member of the Foreign Service, who has been a member of the Foreign Service for at least ten years, who has significant administrative experience, and who has served in countries in which the United States has had significant problems in assuring the secure and efficient operations of its missions as the result of the actions of other countries.78 The Director shall be compensated at the annual rate of pay for positions authorized by section 5315 of title 5, United States Code. 79

(b) 80 There shall also be a Deputy Director of the Office of Foreign Missions who shall be an individual who has served in the United States intelligence community.

(c) 80 The Secretary may authorize the Director to

(1) assist agencies of Federal, State, and municipal government with regard to ascertaining and according benefits, privileges, and immunities to which a foreign mission may be entitled;

76 22 U.S.C. 4303. Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added sec. 203, effective Oct. 1, 1982.

77 Sec. 604(a)(1) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1043) substituted the requirement of appointment by the President by and with the advice and consent of the Senate in lieu of a requirement for appointment by the Secretary of State. Sec. 604(c) of Public Law 98-164 further stated that this amendment would apply to any Director or Deputy Director of the Office of Foreign Missions appointed after the date of enactment of that Act (Nov. 22, 1983).

78 Sec. 604(aX2) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1044) added this sentence. Sec. 604(c) of Public Law 98-164 further stated that this amendment would apply to the Director or Deputy Director of the Office of Foreign Missions appointed after the date of enactment of that Act (Nov. 22, 1983).

79 This sentence was added by sec. 173(a)2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1360). Sec. 173(b) of the same Act made it effective 30 days after enactment and sec. 173(c) stated that any new spending authority (as defined in section 401(c) of the Congressional Budget Act of 1974) it provided would be effective for any fiscal year only to the extent or in such amounts as are provided in advance in appropriation Acts.

80 Sec. 604(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1044) redesignated existing subsec. (b) as subsec. (c) and added this new subsec. (b). Sec. 604(c) of Public Law 98-164 further stated that this amendment would apply to any Director or Deputy Director of the Office of Foreign Missions appointed after the date of enactment of that Act (Nov. 22, 1983).

(2) provide or assist in the provision of benefits for or on behalf of a foreign mission in accordance with section 204; and

(3) perform such other functions as the Secretary may determine necessary in furtherance of the policy of this title.

PROVISION OF BENEFITS

Sec. 204.81 (a) Upon the request of a foreign mission, benefits may be provided to or for that foreign mission by or through the Director on such terms and conditions as the Secretary may approve.

(b) If the Secretary determines that such action is reasonably necessary on the basis of reciprocity or otherwise

(1) to facilitate relations between the United States and a sending State,

(2) to protect the interests of the United States,

(3) to adjust for costs and procedures of obtaining benefits for missions of the United States abroad, or

(4) to assist in resolving a dispute affecting United States interests and involving a foreign mission or sending State, then the Secretary may require a foreign mission (A) to obtain benefits from or through the Director on such terms and conditions as the Secretary may approve, or (B) to comply with such terms and conditions as the Secretary may determine as a condition to the execution or performance in the United States of any contract or other agreement, the acquisition, retention, or use of any real property, or the application for or acceptance of any benefit (including any benefit from or authorized by any Federal, State, or municipal governmental authority, or any entity providing public services). (c) Terms and conditions established by the Secretary under this section may include

(1) a requirement to pay to the Director a surcharge or fee, and

(2) a waiver by a foreign mission or any assignee of or person deriving rights from a foreign mission of any recourse against any governmental authority, any entity providing public services, any employee or agent of such an authority or entity, or any other person, in connection with any action determined by the Secretary to be undertaken in furtherance of this title. (d) For purposes of effectuating a waiver of recourse which is required under this section, the Secretary may designate the Director or any other officer of the Department of State as the agent of a foreign mission (or of any assignee of or person deriving rights from a foreign mission). Any such waiver by an officer so designated shall for all purposes (including any court or administrative proceeding) be deemed to be a waiver by the foreign mission (or the assignee of or other person deriving rights from a foreign mission). (e) Nothing in this title 82 shall be deemed to preclude or limit in any way the authority of the United States Secret Service to pro

81 22 U.S.C. 4304. Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added sec. 204, effective Oct. 1, 1982.

82 Sec. 214(b) of Public Law 99-93 (99 Stat. 405) substituted the word "title" in lieu of "sec

vide protective services pursuant to section 202 of title 3, United States Code, or section 3056 of title 18, United States Code, at a level commensurate with protective requirements as determined by the United States Secret Service.

ENFORCEMENT OF COMPLIANCE WITH LIABILITY INSURANCE

REQUIREMENTS

Sec. 204A.83 (a)(1) The head of a foreign mission shall notify promptly the Director of the lapse or termination of any liability insurance coverage held by a member of the mission, by a member of the family of such member, or by an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946.

(2) Not later than February 1 of each year, the head of each foreign mission shall prepare and transmit to the Director a report including a list of motor vehicles, vessels, and aircraft registered in the United States by members of the mission, members of the families of such members, individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, and by the mission itself. Such list shall set forth for each such motor vehicle, vessel, or aircraft

(A) the jurisdiction in which it is registered;

(B) the name of insured;

(C) the name of the insurance company;

(D) the insurance policy number and the extent of insurance coverage; and

(E) such other information as the Director may prescribe.

(b) Whenever the Director finds that a member of a foreign mission, a member of the family of such member, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946

(1) is at fault for personal injury, death, or property damage arising out of the operation of a motor vehicle, vessel, or aircraft in the United States,

(2) is not covered by liability insurance, and

(3) has not satisfied a court-rendered judgment against him or is not legally liable,

the Director shall impose a surcharge or fee on the foreign mission of which such member or individual is a part, amounting to the unsatisfied portion of the judgment rendered against such member or individual or, if there is no court- rendered judgment an estimated amount of damages incurred by the victim. The payment of any such surcharge or fee shall be available only for compensation of the victim or his estate.

(c) For purposes of this section

(1) the term "head of a foreign mission" has the same meaning as is ascribed to the term "head of a mission" in Article 1 of the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227); and

83 22 U.S.C. 4304a. Sec. 603 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1043) added sec. 204A. See also sec. 6 of the Diplomatic Relations Act (page 1002) for additional text concerning requirements for liability insurance.

(2) the terms "members of a mission" and "family" have the same meanings as is ascribed to them by paragraphs (1) and (2) of section 2 of the Diplomatic Relations Act (22 U.S.C. 254a).84

PROPERTY OF FOREIGN MISSIONS

Sec. 205.85 (a)(1) The Secretary shall require any foreign mission, including any mission to an international organization (as defined in section 209(b)(2), to notify the Director 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) 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) 86 where otherwise necessary to protect the interests of the United States.

(c) 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 authorize the Director to 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

84 For text, see page 1001.

85 22 U.S.C. 4305. Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added sec. 205, effective Oct. 1, 1982. Subsequently, Sec. 127(e) of Public Law 99-93 (99 Stat. 405) amended sec. 205(a)(1) by: (1) in the first sentence, by striking out "may" and inserting in lieu thereof "shall"; (2) in the first sentence, by inserting including any mission to an international organization (as defined in section 209(b)(2))," after "foreign mission"; and

(3) in the second sentence, by striking out "If such a notification is required, the" and inserting in lieu thereof "The"."

86 Sec. 127(d)3) of Public Law 99-93 (99 Stat. 405) added paragraph (3).