the permissible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction.

(b) The Congress declares that it is the policy of the United States to support the secure and efficient operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international organizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observance of corresponding obligations in accordance with international law.

(c) The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due consideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represented by that foreign mission as well as matters relating to the protection of the interests of the United States.116

DEFINITIONS

SEC. 202.117 (a) 118 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) 119 financial and currency exchange services,

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) 120 "foreign mission" means any mission to or agency or entity in the United States which is involved in the diplomatic,

116 Sec. 127(a) of Public Law 99-93 (99 Stat. 418) added the words "as well as matters relating to the protection of the interests of the United States".

11722 U.S.C. 4302.

118 Sec. 162(0X1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck out para. (3) under this subsec., which had defined "Director" to mean "the Director of the Office of Foreign Missions established pursuant to section 203(a)"; and redesignated paras. (4) through (8) as paras. (3) through (7).

119 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).

120 This paragraph was substantively amended and restated by sec. 701 of Public Law 99569 (100 Stat. 3190); and was previously amended by sec. 127(b) of Public Law 99-93 (99 Stat.

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;

(4) "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;

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

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

(7) "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.

AUTHORITIES OF THE SECRETARY OF STATE

SEC. 203.121 The Secretary shall carry out the following functions:

(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.

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

(3) As determined by the Secretary, dispose of property acquired in carrying out the purposes of this Act.

(4) As determined by the Secretary, designate an office within the Department of State to carry out the purposes of this Act. If such an office is established, the President may appoint, by and with the advice and consent of the Senate, a Director, with the rank of ambassador. Of the Director and the next most senior person in the office, one should be an individual who has served in the Foreign Service and the other should be an individual who has served in the United States intelligence community.

In Public Notice 2035 of June 21, 1994 (59 F.R. 37121), the Department of State determined that the Palestine Liberation Organization representation in the United States is a "foreign mission" within the meaning of section 202(a)(3), and that the provisions of section 205 of this Act apply to the acquisition or disposition of real property by or on behalf of the PLO Office.

a22 U.S.C. 4303. Sec. 203, originally providing for the establishment of the Office of Foreign Missions, was amended and restated by sec. 162(oX2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409).

Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added the original sec. 203, effective October 1, 1982.

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

PROVISION OF BENEFITS

SEC. 204.122 (a) Upon the request of a foreign mission, benefits may be provided to or for that foreign mission by or through the Secretary 123 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,124

(4) to assist in resolving a dispute affecting United States interests and involving a foreign mission or sending State, or 124 (5) 124 subject to subsection (f), to implement an exchange of property between the Government of the United States and the government of a foreign country, such property to be used by each government in the respective receiving state for, or in connection with, diplomatic or consular establishments, then the Secretary may require a foreign mission (A) to obtain benefits from or through the Secretary 123 on such terms and conditions as the Secretary may approve, or (B) to forego the acceptance, use, or relations of any benefit or 125 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 Secretary 123 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.

122 22 U.S.C. 4304. Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added sec. 204, effective October 1, 1982.

123 Sec. 162(0X3) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck out "Director" throughout subsecs. (a) (c) of sec. 204, and inserted in lieu thereof "Secretary".

124 Sec. 116(bX1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 24), struck out "or" at the end of par. (3); inserted "or" at the end of par. (4); and added a new par. (5).

125 Sec. 127(c) of Public Law 99-93 (99 Stat. 418) inserted "to forego the acceptance, use, or relations of any benefit or" after “(B)".

(d) For purposes of effectuating a waiver of recourse which is required under this section, the Secretary may designate any 126 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 127 shall be deemed to preclude or limit in any way the authority of the United States Secret Service to provide 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.

(f) 128 Upon a determination in each specific case by the Secretary of State or the Secretary's designee that the purpose of the Foreign Service Buildings Act, 1926, can best be met on the basis of an in-kind exchange of properties with a foreign country pursuant to subsection (b)(5), the Secretary of State may transfer funds made available under the heading "Acquisition and Maintenance of Buildings Abroad" (including funds held in the Foreign Service Buildings Fund) for such purpose to the Working Capital Fund, as provided in section 208(h)(1). Except for funds that may be provided by a foreign government for the purchase of property, only funds transferred under the preceding sentence may be used for the purposes of subsection (b)(5).

(2) The Secretary of State may acquire property in the United States for the purposes of subsection (b)(5) only in the context of a specific reciprocal agreement with a specified foreign government. Property acquired by the United States in the foreign country through such an exchange shall benefit the United States at least to the same extent as the property acquired in the United States benefits the foreign government.

(3) The Secretary of State shall prescribe regulations for the implementation of any in-kind exchange of properties pursuant to subsection (b)(5).

(4) At least 15 days before entering into any reciprocal agreement for the exchange of property with another foreign government, the Secretary of State shall notify the Committee on Foreign Affairs and the Committee on Public Works and Transportation of the House of Representatives and the Committee on Foreign Relations of the Senate.

(5)(A) Proceeds from the disposition of properties acquired pursuant to this subsection shall be credited to the Foreign Service Buildings Fund (referred to in section 9 of the Foreign Service Buildings Act, 1926).

126 Sec. 162(0X3XB) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), as amended, struck out "the Director or any other" and inserted in lieu thereof "any".

127 Sec. 126(b) of Public Law 99-93 (99 Stat. 418) inserted "title" in lieu of "section", effective October 1, 1985.

128 Sec. 116(bX2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 24), added subsec. (f).

(B) The authority to spend proceeds received under subparagraph (A) may be exercised only to such extent or in such amounts as are provided in advance in an appropriation Act.

ENFORCEMENT OF COMPLIANCE WITH LIABILITY INSURANCE

REQUIREMENTS

SEC. 204A.129 (a)(1) The head of a foreign mission shall notify promptly the Secretary 130 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 Secretary 130 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 Secretary 130 may prescribe.

(b) Whenever the Secretary 130 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 Secretary 130 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

129 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 for additional text concerning requirements for liability insurance.

130 Sec. 162(0X4) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck out "Director" at each place it appeared in sec. 204A, and inserted in lieu thereof "Secretary".