China Diplomats under OFM Scrutiny: Restraints
On October 21, 2019, the Federal Register will publish two special restraints on Chinese diplomats. Under the title Determination Pursuant to the Foreign Missions Act, the State Department subjects travel plans of military staff to a prior notice requirement if the travel would exceed a distance 25 miles from Washington.
A second rule, Designation and Determination Pursuant to the Foreign Missions Act imposes a prior notification requirement for all diplomatic interactions with U.S. officials and other institutions.. Both restraints are based on the Foreign Missions Act, 22 U.S.C. 4301, et seq., and require notification of the Office of Foreign Missions. The latter scrutiny is extensive:
1. All official meetings with representatives of state, local, and municipal governments in the United States and its territories;The second notice requirement covers all Chinese members of the PRC's missions in the United States, including its representatives temporarily working in the United States, and accompanying Chinese dependents and members of their households. -- Clemens Kochinke, partner, Berliner Corcoran & Rowe LLP, Washington, DC.
2. All official visits to educational institutions (public or private) in the United States and its territories; and
3. All official visits to research institutions (public or private), including national laboratories, in the United States and its territories.
Sat, / Embassy Law Link