22 U.S.C. § 4316 | Application of travel restrictions to personnel of certain countries and organizations

(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 chapter 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 described 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.

(d)

Pub. L. 103–236, title I, § 139(3)Apr. 30, 1994108 Stat. 397 Repealed. , ,

(e)

Definitions

For purposes of this section—

(1)

1 So in original. The period probably should be a semicolon.

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.

(2)

section 4309(b)(1) of this title the term “international organization” means an organization described in ; 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.

Aug. 1, 1956, ch. 841 Pub. L. 100–204, title I, § 162(a)Dec. 22, 1987101 Stat. 1357 Pub. L. 103–236, title I, § 139(3)Apr. 30, 1994108 Stat. 397(, title II, § 216, as added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 103–236December 22, 19871994—Subsec. (d). struck out heading and text of subsec. (d). Text read as follows: “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 , and not later than every six months thereafter, a report on the actions taken by the Secretary in carrying out this section during the previous six months.”

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 108–458 section 3001 of Title 50Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of , set out as a note under , War and National Defense.

Effective Date

Pub. L. 100–204, title I, § 162(b)Dec. 22, 1987101 Stat. 1358

Dec. 22, 1987“Subsection (a) of the section enacted by this section [this section] shall take effect 90 days after the date of enactment of this Act [].”

, , , provided that:

Authority of Secretary of State

section 2651a of this title section 161(d) of Pub. L. 103–236 section 2651a of this titleExcept as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see and , set out as a note under .