
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
