« FöregåendeFortsätt »
sification review of a record within 120 days and of any steps taken under paragraph (2).
(4) If the Advisory Committee determines that the meaning of the records proposed for inclusion in a volume of the FRUS series would be so altered or changed by deletions made under paragraph (1), or if the Advisory Committee determines as a result of inspection of other documents under subsection (a)(3) that the selection of documents could be misleading or lead to an inaccurate or incomplete historical record, then the Advisory Committee shall so advise the Secretary of State and submit recommendations to resolve the issue.
(5)(A) The Advisory Committee shall have full and complete access to the original text of any record in which deletions have been made. In the event that the head of any originating agency considers it necessary to deny access by the Advisory Committee to the original text of any record, that agency head shall promptly notify the Advisory Committee in writing, describing the nature of the record in question and the justification for withholding that record.
(B) The Historian shall provide the Advisory Committee with a complete list of the records described in subparagraph (A).
(6) If a record is deleted in whole or in part as a result of review under this subsection then a note to that effect shall be
inserted at the appropriate place in the FRUS volume. SEC. 404.162 DECLASSIFICATION OF STATE DEPARTMENT RECORDS. (a) DEADLINE FOR DECLASSIFICATION.
(1) Except as provided in subsection (b), each classified record of permanent historical value (as determined by the Secretary of State and the Archivist of the United States) which was published, issued, or otherwise prepared by the Department of State (or any officer or employee thereof acting in an official capacity) shall be declassified not later than 30 years after the record was prepared, shall be transferred to the National Archives and Records Administration, and shall be made available at the National Archives for public inspection and copying.
(2) Nothing in this subsection may be construed to require the declassification of a record wholly prepared by a foreign
government. (b) EXEMPTED RECORDS.-Subsection (a) shall not apply to any record (or portion thereof) the publication of which the Secretary of State, in coordination with any agency that originated information in the records, determines,
(1) would compromise weapons technology important to the national defense of the United States or reveal sensitive infor(1) not more than 20 percent may be obligated for protective services within any single State during that year; and
162 22 U.S.C. 4354. Sec. 198(cX1) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 691) required: "(c) COMPLIANCE.
"(1) The Secretary of State shall ensure that the requirements of section 404 of the State Department Basic Authorities Act of 1956 (as amended by this section) are met not later than one year after the date of enactment of this Act. If the Secretary cannot reasonably meet the requirements of such section, he shall so notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, and describe how the Department of State intends to meet the requirement In no event shall full compliance with the requirements of such section take place later than 2 years after the date of enactment of this Act.".
(2) not less than 15 percent shall be retained as a reserve for protective services provided directly by the Secretary or for expenditures in local jurisdictions not otherwise covered by an
agreement for protective services under this section. The limitations on funds available for obligation in this subsection shall not apply to unobligated funds during the final quarter of any fiscal year.
(e) PERIOD OF AGREEMENT WITH STATE OR LOCAL AUTHORITY.Any agreement with a State or local authority for the provision of protective services under this section shall be for a period of not to exceed 90 days in any calendar year, but such agreements may be renewed after review by the Secretary.
(f) REQUIREMENT FOR APPROPRIATIONS.—Contracts may be entered into in carrying out this section only to such extent or in such amounts as are provided in advance in appropriation Acts.
(g) WORKING CAPITAL FUND.-Amounts used to carry out this section shall not be subject to section 208(h).
USE OF FOREIGN MISSION IN A MANNER INCOMPATIBLE WITH ITS
STATUS AS A FOREIGN MISSION
SEC. 215. 150 (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) 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 the date of the enactment of this Act, 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
160 22 U.S.C. 4315. Sec. 215 was added by sec. 128(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204; 101 Stat. 1343). Sec. 128(b) or the same Act established the effective date of sec. 215 as follows:
"(b) EFFECTIVE DATE.-(1) Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to any foreign mission beginning on the date of enactment of this Act.
"(2XA) 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 resuli from the implementation of subsection (a)."
(1) the term “foreign mission” includes any international organization as defined in section 209(b); 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. APPLICATION OF TRAVEL RESTRICTIONS TO PERSONNEL OF CERTAIN
COUNTRIES AND ORGANIZATIONS SEC. 216.151 (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) as are applied under this title 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) 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 de
scribed 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) if the Secretary determines that the national security and foreign policy interests of the United States so require.
16122 U.S.C. 4316. Sec. 216 was added by sec. 162(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1357). Sec. 162(b) of the same Act made subsec. (a) of sec. 216 effective 90 days after enactment.
Sec. 139(3) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), repealed subsec. (d) of this section, which had provided: "d) REPORTS.— 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 the date of enactment of this section and not later than every six months there after, a report on the actions taken by the Secretary in carrying out this section during the previous six months.".
Sec. 103(c) of the FRIENDSHIP Act (Public Law 103–199; 107 Stat. 2320), relating to statutory provisions applicable to the Soviet Union, provided the following:
"(c) FINDINGS AND AFFIRMATION.—The Congress finds and affirms that provisions such as those described in this section, including
"(1) section 216 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
4316). ... "should not be construed as being directed against Russia, Ukraine, or the other independent states of the former Soviet Union, connoting an adversarial relationship between the United States and the independent states, or signifying or implying in any manner unfriendliness toward the independent states.".
For complete list of related statutes, see sec. 103 of the FRIENDSHIP Act, in Legislation on Foreign Relations through 1994, vol. 1-B.
(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. 152
(2) the term "international organization” means an organization described in section 209(b)(1); 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.
DEFINITIONS SEC. 301.154 For purposes of this title, the following terms have the following meanings:
(1) The term "employee” means an individual who is under the jurisdiction of a chief of mission to a foreign country (as provided under section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)) and who is
(A) an employee as defined by section 2105 of title 5, United States Code;
(B) an officer or employee of the United States Postal Service or of the Postal Rate Commission;
(C) a member of a uniformed service who is not under the command of an area military commander; or
(D) an expert or consultant as authorized pursuant to section 3109 of title 5, United States Code, with the United States or any agency, department, or establishment thereof; but is not a national or permanent resident of the
foreign country in which employed. (2) The term “contractor” means
(A) an individual employed by personal services contract pursuant to section 2(c) of this Act (22 U.S.C. 2669(c)), section 636(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)(3)), or pursuant to other similar authority, including, in the case of an organization performing seryices under such authority, an individual involved in the performance of such services; and
162 As enrolled. Should end with a semicolon.
103 Title III was added by sec. 186(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1366).
164 22 U.S.C. 4341. Sec. 186(b) of Public Law 100–204 (101 Stat. 1366) made this section effective 180 days after enactment.
of gift as debor otherentity as
(B) such other individuals or firms providing goods or services by contract as are designated by regulations is
sued pursuant to section 303; but does not include a contractor with or under the supervision of an area military commander.
(3) The term “charitable contribution" means a contribution or gift as defined in section 170(c) of the Internal Revenue Code of 1986, or other similar contribution or gift to a bona fide charitable foreign entity as determined pursuant to regulations or policies issued pursuant to section 303.
(4) The term “chief of mission” has the meaning given such term by section 102(3) of the Foreign Service Act of 1980 (22 U.S.C. 2902(3)).
(5) The term “foreign country" means any country or territory, excluding the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, American Samoa, Guam, the Virgin Islands, and other territories or possessions of the United States.
(6) The term “personal property” means any item of personal property, including automobiles, computers, boats, audio and video equipment, and any other items acquired for personal use, but excluding items of minimal value as determined by regulation or policy issued pursuant to section 303.
(7) The term “profit” means any proceeds (including cash and other valuable consideration but not including amounts of such proceeds given as charitable contributions) for the sale, disposition, or assignment of personal property in excess of the basis for such property. For purposes of this title, basis shall include initial price, inland and overseas transportation costs (if not reimbursed by the United States Government), shipping insurance, taxes, customs fees, duties or other charges, and capital improvements, but shall not include insurance on an item while in use, or maintenance and related costs. For purposes of computing profit, proceeds and costs shall be valued in United States dollars at the time of receipt or payment, at a rate of exchange as determined by regulation or policy issued pursuant to section 303.
LIMITATIONS ON DISPOSITION OF PERSONAL PROPERTY Sec. 302.155 (a) GENERAL RULE.-Except as authorized under subsection (b), employees or members of their family shall not sell, assign, or otherwise dispose of personal property within a foreign country which was imported into or purchased within that foreign country and which, by virtue of the official status of the employee, was exempt from import limitation, customs duties, or taxes which would otherwise apply.
(b) APPROVAL BY CHIEF OF MISSION.—The chief of mission to a foreign country, or a designee of such chief of mission, is authorized to approve within that foreign country sales, assignment, or other
156 22 U.S.C. 4342. Sec. 302 was added by sec. 186 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1368). Sec. 186(b) of the same Act made this section effective 180 days after enactment.