§ 258 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 16

other sufficient official seal. Thereupon such

court, judge, or magistrate judge shall issue his

warrant for the arrest of the person so complained of, directed to the marshal of the United

States for the appropriate district, or in his discretion to any person, being a citizen of the

United States, whom he may specially depute

for the purpose, requiring such person to be

brought before him for examination at a certain

time and place.

(R.S. §4080; May 28, 1896, ch. 252, §19, 29 Stat. 184;

Mar. 2, 1901, ch. 814, 31 Stat. 956; Pub. L. 90–578,

title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118;

Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104

Stat. 5117.)

CODIFICATION

R.S. §4080 derived from act June 11, 1864, ch. 116, §2,

13 Stat. 121.

Act Mar. 2, 1901, provided in part that all acts or

parts of acts applicable to commissioners of the circuit

court, except as to appointment and fees, shall be applicable to United States commissioners.

CHANGE OF NAME

Act May 28, 1896, abolished the circuit court and required the district court to appoint persons to be

known as United States commissioners.

‘‘United States magistrate judge’’ and ‘‘magistrate

judge’’ substituted in text for ‘‘United States magistrate’’ and ‘‘magistrate’’, respectively, pursuant to

section 321 of Pub. L. 101–650, set out as a note under

section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘magistrate’’ substituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See chapter 43

(§631 et seq.) of Title 28.

CROSS REFERENCES

Arrest or imprisonment of officers and seamen for desertion not authorized, see section 258 of this title.

District courts or United States commissioners to

issue remedial process to carry into effect decrees of

any foreign consul, vice consul, or commercial agent,

see section 258a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 256, 258 of this

title.

§ 258. Commitment and discharge

If, on such examination, it is made to appear

that the person so arrested is a citizen of the

United States, he shall be forthwith discharged

from arrest, and shall be left to the ordinary

course of law. But if this is not made to appear,

and such court, judge, or magistrate judge finds,

upon the papers referred to in section 257 of this

title, a sufficient prima facie case that the matter concerns only the internal order and discipline of such foreign vessel, or whether in its

nature civil or criminal, does not affect directly

the execution of the laws of the United States,

or the rights and duties of any citizen of the

United States, he shall forthwith, by his warrant, commit such person to prison, where prisoners under sentence of a court of the United

States may be lawfully committed, or, in his

discretion, to the master or chief officer of such

foreign vessel, to be subject to the lawful orders,

control, and discipline of such master or chief

officer, and to the jurisdiction of the consular or

commercial authority of the nation to which

such vessel belongs, to the exclusion of any authority or jurisdiction in the premises of the

United States or any State thereof. No person

shall be detained more than two months after

his arrest, but at the end of that time shall be

set at liberty and shall not again be arrested for

the same cause. The expenses of the arrest and

the detention of the person so arrested shall be

paid by the consular officers making the application: Provided, That nothing in this section or

section 257 of this title shall authorize the arrest

or imprisonment of officers and seamen deserting or charged with desertion from merchant

vessels of foreign nations in the United States

and Territories and possessions thereof, and the

cooperation, aid, and protection of competent

legal authorities in effecting such arrest or imprisonment.

(R.S. §4081; Mar. 4, 1915, ch. 153, §§16, 17, 38 Stat.

1184; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17,

1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321,

Dec. 1, 1990, 104 Stat. 5117.)

CODIFICATION

R.S. §4081 derived from act June 11, 1864, ch. 116, §2,

13 Stat. 121.

CHANGE OF NAME

Words ‘‘magistrate judge’’ substituted in text for

‘‘magistrate’’ pursuant to section 321 of Pub. L. 101–650,

set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure. Previously, ‘‘magistrate’’ substituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578.

See chapter 43 (§631 et seq.) of Title 28.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 256 of this title.

§ 258a. Enforcement of awards of foreign consuls

The district courts and the United States magistrate judges shall have power to carry into effect, according to the true intent and meaning

thereof, the award or arbitration or decree of

any consul, vice consul or commercial agent of

any foreign nation, made or rendered by virtue

of authority conferred on him as such consul,

vice consul, or commercial agent, to sit as judge

or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge, application for the exercise of such power being first made to such court

or magistrate judge, by petition of such consul,

vice consul, or commercial agent. And said

courts and magistrate judges may issue all proper remedial process, mesne and final, to carry

into full effect such award, arbitration, or decree, and to enforce obedience thereto by imprisonment in the jail or other place of confinement

in the district in which the United States may

lawfully imprison any person arrested under the

authority of the United States, until such

award, arbitration or decree is complied with, or

the parties are otherwise discharged therefrom,

by the consent in writing of such consul, vice

consul, or commercial agent, or his successor in

office, or by the authority of the foreign government appointing such consul, vice consul, or

commercial agent. The expenses of the said imprisonment and maintenance of the prisoners,

and the cost of the proceedings, shall be borne

by such foreign government, or by its consul,
Page 17 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE

vice consul, or commercial agent requiring such

imprisonment. The marshals of the United

States shall serve all such process, and do all

other acts necessary and proper to carry into effect the premises, under the authority of the

said courts and magistrate judges.

(Mar. 3, 1911, ch. 231, §271, 36 Stat. 1163; Pub. L.

90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat.

1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990,

104 Stat. 5117.)

CODIFICATION

Section was formerly classified to section 393 of Title

28 prior to the general revision and enactment of Title

28, Judiciary and Judicial Procedure, by act June 25,

1948, ch. 646, §1, 62 Stat. 869.

CHANGE OF NAME

‘‘United States magistrate judges’’, ‘‘magistrate

judge’’, and ‘‘magistrate judges’’ substituted in text for

‘‘United States magistrates’’, ‘‘magistrate’’, and ‘‘magistrates’’, respectively, pursuant to section 321 of Pub.

L. 101–650, set out as a note under section 631 of Title

28, Judiciary and Judicial Procedure. Previously,

‘‘magistrate’’ substituted for ‘‘commissioner’’ pursuant

to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title

28.

§ 259. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A

Stat. 641

Section, act May 31, 1939, ch. 161, 53 Stat. 795, authorized Secretary of Army to sell supplies to aircraft operated by any foreign military or air attache ́ accredited

to United States. See sections 4626, 4629, 9626, and 9629

of Title 10, Armed Forces.

CHAPTER 7—INTERNATIONAL BUREAUS,

CONGRESSES, ETC.

Sec.

261. Policy as to settlement of disputes and disarmament.

262. President’s participation in international

congresses restricted.

262a. Contributions to international organizations;

consent of State Department; reports to

Congress; limitations as to certain organizations.

262b. Commitments for United States contributions to international organizations; limitations; consultation with Congressional

committees.

262c. Commitments for United States contributions to international financial institutions

fostering economic development in less developed countries; continuation of participation.

(a) Congressional findings.

(b) Funding commitments to international financial institutions;

availability of funds subject to appropriations.

262d. Human rights and United States assistance

policies with international financial institutions.

(a) Policy goals.

(b) Policy considerations for Executive

Directors of institutions in implementation of duties.

(c) Reporting requirements.

(d) Requirements of United States assistance through institutions for projects in recipient countries.

(e) Criteria for determination of gross

violations of internationally recognized human rights standards.

Sec.

(f) Opposition by United States Executive Directors of institutions to financial or technical assistance to

violating countries.

(g) Consultative and additional reporting

requirements.

262d–1. Congressional statement of policy of human

rights and United States assistance policies

with international institutions.

262e. Comparability of salaries and benefits of employees of international financial institutions with employees of American private

business and governmental service.

262f. Promotion of development and utilization of

light capital technologies and United

States assistance policies with international financial institutions.

262g. Human nutrition in developing countries and

United States assistance policies with

international financial institutions; declaration of policy.

262g–1. Targeting assistance to specific populations.

(a) Congressional findings.

(b) Assistance to poorest populations.

262g–2. Establishment of guidelines for international

financial institutions.

(a) Consultation with representatives of

member countries.

(b) Congressional findings regarding implementation of objectives.

262g–3. International negotiations on future replenishments of international financial institutions; consultation with appropriate Members of Congress.

262h. Opposition by United States Executive Directors of international financial institutions

to assistance for production or extraction of

export commodities or minerals in surplus

on world markets.

262i. Repealed.

262j. Use of renewable resources for energy production.

(a) Promotion, etc., by United States in

connection with international financial institutions.

(b) ‘‘Renewable resource’’ defined.

262k. Financial assistance to international financial institutions; considerations and criteria.

(a) Congressional declaration of intent.

(b) Effect of country adjustment programs; minimization of projected

adverse impacts; avoidance of government subsidization.

(c) Project proposals relating to mining,

smelting, refining, and fabricating

of minerals and metal products.

(d) International financial institutions.

262k–1. Transparency of budgets.

(a) Limitation.

(b) ‘‘International financial institution’’

defined.

262k–2. Female genital mutilation.

(a) Limitation.

(b) ‘‘International financial institution’’

defined.

262l. Omitted.

262m. Congressional findings and policies for multilateral development banks respecting environment, public health, natural resources,

and indigenous peoples.

262m–1. Environmental performance of banks; mechanisms for improvement.

262m–2. Environmental impact of assistance proposals.