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22 U.S.C. § 4216 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4216. Posting rates of fees
It shall be the duty of all consular officers at all times to keep posted up in their offices, respectively, in a conspicuous place, and subject to the examination of all persons interested therein, a copy of such rates or tariffs as shall be in force.
(R.S. § 1731.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1731 derived from act Aug. 18, 1856, ch. 127, § 16, 11 Stat. 57.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1197 of this title, and prior thereto to section 101 of this title.
22 U.S.C. § 4217 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4217. Embezzlement of fees or of effects of American citizens
Every consular officer who willfully neglects to render true and just quarterly accounts and returns of the business of his office, and of moneys received by him for the use of the United States, or who neglects to pay over any balance of said moneys due to the United States at the expiration of any quarter, before the expiration of the next succeeding quarter, or who shall receive money, property, or effects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon him by the Secretary of State or by such citizen, his executor, administrator, or legal representative, account for and pay over all moneys, property, and effects, less his lawful fees, due to such citizen, shall be deemed guilty of embezzlement, and shall be punishable by imprisonment for not more than five years, and by a fine of not more than $2,000.
(R.S. § 1734; Dec. 21, 1898, ch. 36, § 3, 30 Stat. 771.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1734 derived from act Mar. 3, 1869, ch. 125, § 5, 15 Stat. 322.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1198 of this title, and prior thereto to section 102 of this title.
22 U.S.C. § 4218 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4218. False certificate as to ownership of property
If any consul or vice consul falsely and knowingly certifies that property belonging to foreigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years, and by a fine of not more than $10,000.
(R.S. § 1737; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1737 derived from act Feb. 22, 1803, ch. 9, § 7, 2 Stat. 204.
References to “commercial agent” and “vice-commercial agent” were omitted in view of the abolition of the grade of commercial agent by act Apr. 5, 1906.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1200 of this title, and prior thereto to section 104 of this title.
22 U.S.C. § 4219 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4219. Regulation of fees by President
The President is authorized to prescribe, from time to time, the rates or tariffs of fees to be charged for official services, and to designate what shall be regarded as official services, besides such as are expressly declared by law, in the business of the several embassies, legations, and consulates, and to adapt the same, by such differences as may be necessary or proper, to each embassy, legation, or consulate; and it shall be the duty of all officers and persons connected with such embassies, legations, and consulates to collect for such official services such and only such fees as may be prescribed for their respective embassies, legations, and consulates, and such rates or tariffs shall be reported annually to Congress.
(R.S. § 1745; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1745 derived from act Aug. 18, 1856, ch. 127, § 16, 11 Stat. 57.
References to “commercial agencies” and “commercial agency” were omitted in view of the abolition of the grade of commercial agent by act Apr. 5, 1906.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1201 of this title, and prior thereto to section 127 of this title.
heading: Executive Documents
heading: Ex. Ord. No. 10718. Delegation of Authority to Secretary of State
text: Ex. Ord. No. 10718, June 27, 1957, 22 F.R. 4632, provided:
Section 1. There is hereby delegated to the Secretary of State the authority vested in the President by section 1745 of the Revised Statutes of the United States (22 U.S.C. 1201) [this section] to prescribe, from time to time, the rates or tariffs of fees to be charged for official services, and to designate what shall be regarded as official services, besides such as are expressly declared by law, in the business of the several embassies, legations, and consulates, and to adapt the same, by such differences as may be necessary or proper, to each embassy, legation, or consulate.
Sec. 2. This order shall not operate to amend, supersede, or terminate any rates or tariffs of fees, designations, or adaptations prescribed or made under authority of the said section 1745 [this section] and in force immediately prior to the issuance of this order; but authority to amend, supersede, or terminate the same, and to prescribe regulations necessary or desirable for the implementation of rates or tariffs of fees, designations, or adaptions heretofore or hereafter prescribed or made, shall be deemed to be included within the authority delegated by section 1 of this order.
Sec. 3. The rates or tariffs of fees and the regulations prescribed and any other actions taken by the Secretary of State under authority of this order shall be published in the Federal Register.
Dwight D. Eisenhower.
22 U.S.C. § 4220 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4220. Medium for payment of fees
All fees collected by diplomatic and consular officers for and in behalf of the United States shall be collected in the coin of the United States, or at its representative value in exchange.
(R.S. § 1746.)
heading: Editorial Notes
heading: Codification
text: R.S. § 1746 derived from act Aug. 18, 1856, ch. 127, § 30, 11 Stat. 63.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1202 of this title, and prior thereto to section 128 of this title.
22 U.S.C. § 4222 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4222. Authentication of documents of State of Vatican City by consular officer in Rome
Until the United States shall have consular officer resident in the State of the Vatican City, a copy of any document of record or on file in a public office of said State of the Vatican City, certified by the lawful custodian of such document, may be authenticated, as provided in section 1741 of title 28, by a consular officer of the United States resident in the city of Rome, Kingdom of Italy, and such document or record shall, when so certified and authenticated, be admissible in evidence in any court of the United States.
(June 20, 1936, ch. 640, § 6A, as added June 25, 1938, ch. 682, 52 Stat. 1163.)
heading: Editorial Notes
heading: Codification
text: “Section 1741 of title 28” substituted in text for “section 6 of this Act [28 U.S.C. 695e]” on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 1204 of this title, and prior thereto to section 695e–1 of Title 28.
22 U.S.C. § 4223 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4223. General duty to account for fees
All fees, official or unofficial, received by any officer in the Consular Service for services rendered in connection with the duties of his office or as a consular officer, including fees for notarial services, and fees for taking depositions, executing commissions or letters rogatory, settling estates, receiving or paying out moneys, caring for or disposing of property, shall be accounted for and paid into the Treasury of the United States, and the sole and only compensation of such officers shall be by salaries fixed by law. And vice-consuls, in addition to such compensation as they may be entitled to receive as consuls or clerks, may receive such portion of the salaries of the consul-general or consuls for whom they act as shall be provided by regulation.
(Apr. 5, 1906, ch. 1366, § 8, 34 Stat. 101; Feb. 5, 1915, ch. 23, §§ 3, 6, 38 Stat. 805, 806; May 24, 1924, ch. 182, § 11, 43 Stat. 142; Aug. 13, 1946, ch. 957, title XI, § 1131(26), 60 Stat. 1037.)
heading: Editorial Notes
heading: Codification
text: Compensation provisions pertaining to the positions of vice-consuls-general, deputy consuls-general, and deputy consuls were omitted from this section on the authority of act Feb. 5, 1915.
Section was not enacted as a part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 99 of this title.
heading: Amendments
text: 1946—Act Aug. 13, 1946, struck out “but this shall not apply to consular agents, who shall be paid one-half of the fees received in their offices, up to a maximum sum of one thousand dollars in any one year, the other half being accounted for and paid into the Treasury of the United States.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1946 Amendment
text: Amendment by act Aug. 13, 1946, effective three months after Aug. 13, 1946.
heading: Repeals
text: Act Aug. 13, 1946, ch. 957, title XI, § 1131(26), 60 Stat. 1037, cited as a credit to this section, was repealed by Pub. L. 96–465, title II, § 2205(1), Oct. 17, 1980, 94 Stat. 2159.
22 U.S.C. § 4224 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4224. Fees; accounting; stamps
The provisions of sections 1196 1 and 4223 of this title, relative to official fees and the method of accounting therefor shall apply to diplomatic officers below the grade of minister and to consular officers.
(May 24, 1924, ch. 182, § 18, formerly § 11, 43 Stat. 142, renumbered and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1209.)
heading: Editorial Notes
heading: References in Text
text: Section 1196 of this title, referred to in text, was repealed by act June 28, 1955, ch. 196, 69 Stat. 187.
heading: Codification
text: Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 812 of this title, and prior thereto to section 13 of this title.
heading: Amendments
text: 1931—Act Feb. 23, 1931, substituted “shall apply to diplomatic officers below the grade of minister and to consular officers” for “shall include both branches of the Foreign Service”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1931 Amendment
text: Act May 24, 1924, ch. 182, § 37, as added act Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1217, provided: “That this Act [see Tables for classification] shall take effect on July 1, 1931.”
22 U.S.C. § 4226 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4226. Fees and official monies from diplomatic missions, consular offices and district accounting and disbursing offices; disposition
All fees and other official monies received by diplomatic missions or consular offices or by the district accounting and disbursing offices provided in section 4225 of this title, may be transmitted through the Department of State for deposit in the United States Treasury, or may be used in payment of salaries, allowances, and current expenses of said missions and offices, under such rules and regulations as the President may from time to time prescribe; the residue, if any, to be transmitted through the Department of State for deposit in the United States Treasury. Section 3302(b) of title 31 is hereby amended.
(May 24, 1924, ch. 182, § 36, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1216.)
heading: Editorial Notes
heading: Codification
text: “Section 3302(b) of title 31” substituted in text for “Section 3617 of the Revised Statutes of the United States (U.S.C., title 31, sec. 484)”, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter.
Section was formerly classified to section 814 of this title, and prior thereto to section 23l of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1931, see section 7 of act Feb. 23, 1931, set out as an Effective Date of 1931 Amendment note under section 4224 of this title.
22 U.S.C. § 4307 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4307. Preemption
Notwithstanding any other law, no act of any Federal agency shall be effective to confer or deny any benefit with respect to any foreign mission contrary to this chapter. Nothing in section 4302, 4303, 4304, or 4305 of this title may be construed to preempt any State or municipal law or governmental authority regarding zoning, land use, health, safety, or welfare, except that a denial by the Secretary involving a benefit for a foreign mission within the jurisdiction of a particular State or local government shall be controlling.
(Aug. 1, 1956, ch. 841, title II, § 207, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 288.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4309 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4309. Application to public international organizations and official missions to such organizations
(a) Determination by Secretary
The Secretary may make section 4306 of this title, or any other provision of this chapter, applicable with respect to an international organization to the same extent that it is applicable with respect to a foreign mission if the Secretary determines that such application is necessary to carry out the policy set forth in section 4301(b) of this title and to further the objectives set forth in section 4304(b) of this title.
(b) “International organization” defined
For purposes of this section, “international organization” means—
(1) a public international organization designated as such pursuant to the International Organizations Immunities Act (22 U.S.C. 288—288f–2) or a public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs; and
(2) an official mission (other than a United States mission) to such a public international organization,
including any real property of such an organization or mission and including the personnel of such an organization or mission.
(Aug. 1, 1956, ch. 841, title II, § 209, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 289.)
heading: Editorial Notes
heading: References in Text
text: The International Organizations Immunities Act, referred to in subsec. (b)(1), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of this title. For complete classification of that Act to the Code, see Short Title note set out under section 288 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4310 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4310. Privileges and immunities
Nothing in this chapter shall be construed to limit the authority of the United States to carry out its international obligations, or to supersede or limit immunities otherwise available by law. No act or omission by any foreign mission, public international organization, or official mission to such an organization, in compliance with this chapter shall be deemed to be an implied waiver of any immunity otherwise provided for by law.
(Aug. 1, 1956, ch. 841, title II, § 210, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4311 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4311. Enforcement
(a) Benefits to foreign missions contrary to this chapter; standing of United States to bring action for compliance
It shall be unlawful for any person to make available any benefits to a foreign mission contrary to this chapter. The United States, acting on its own behalf or on behalf of a foreign mission, has standing to bring or intervene in an action to obtain compliance with this chapter, including any action for injunctive or other equitable relief.
(b) Advice of Secretary concerning transactions with foreign missions
Upon the request of any Federal agency, any State or local government agency, or any business or other person that proposes to enter into a contract or other transaction with a foreign mission, the Secretary shall advise whether the proposed transaction is prohibited by any regulation or determination of the Secretary under this chapter.
(Aug. 1, 1956, ch. 841, title II, § 211, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4312 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4312. Presidential guidelines
The authorities granted to the Secretary pursuant to the provisions of this chapter shall be exercised in accordance with procedures and guidelines approved by the President.
(Aug. 1, 1956, ch. 841, title II, § 212, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4313 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4313. Severability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to any other person or circumstance shall not be affected thereby.
(Aug. 1, 1956, ch. 841, title II, § 213, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4315 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4315. Use of foreign mission in manner incompatible with its status as foreign mission
(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 December 22, 1987, 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—
(1) the term “foreign mission” includes any international organization as defined in section 4309(b) of this title; 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.
(Aug. 1, 1956, ch. 841, title II, § 215, as added Pub. L. 100–204, title I, § 128(a), Dec. 22, 1987, 101 Stat. 1343.)
heading: Editorial Notes
heading: Codification
text: December 22, 1987, referred to in subsec. (d), was in the original “the date of the enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 100–204, which enacted this section, to reflect the probable intent of Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 100–204, title I, § 128(b), Dec. 22, 1987, 101 Stat. 1343, provided that:
“(1) Except as provided in paragraph (2), the amendment made by subsection (a) [enacting this section] shall apply to any foreign mission beginning on the date of enactment of this Act [Dec. 22, 1987].
“(2)
(A) 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 result from the implementation of subsection (a).”
22 U.S.C. § 4342 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4342. Limitations on disposition of personal prop­erty
(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 dispositions of property by employees under the chief of mission’s jurisdiction (as described in section 3927 of this title) to the extent that such sale, assignment, or other disposition is in accordance with regulations and policies, rules, and procedures issued pursuant to section 4343 of this title.
(c) Violation
Violation of this section, or other importation, sale, or other disposition of personal property within a foreign country which violates its laws or regulations or governing international law and is prohibited by regulations and policies, rules, and procedures issued pursuant to section 4343 of this title, shall be grounds for disciplinary action against an employee.
(Aug. 1, 1956, ch. 841, title III, § 302, as added Pub. L. 100–204, title I, § 186(a), Dec. 22, 1987, 101 Stat. 1368.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 180 days after Dec. 22, 1987, see section 186(b) of Pub. L. 100–204, set out as a note under section 4741 of this title.