Relief from Congestion Charges: Foreign Missions Act
The Metropolitan Transportation Authority of New York imposes a Congestion Relief Zone charge on certain traffic in New York City. The charge may conflict with certain international obligations of the United States under the Vienna treaties for embassies and consulates.
The State Department has determined that the treaty rules apply to such charges, and similar to exemptions for certain taxes imposed by host counties, an exemption will apply to the congestion charge. It states:
I hereby designate as a benefit for purposes of the Act exemption from charges assessed by the Metropolitan Transportation Authority of New York for entry into its designated ``Congestion Relief Zone'' for foreign missions and certain international organizations. This benefit extends to members and personnel of and representatives to such foreign missions and international organizations who enjoy certain tax-free privileges as determined by the Office of Foreign Missions and may be extended to vehicles bearing diplomatic and consular license plates issued by the Office of Foreign Missions.
I determine that such exemption shall be provided to such foreign missions and international organizations on such terms and conditions as may be approved by the Office of Foreign Missions and that any state or local laws to the contrary are hereby preempted.
This action is necessary to protect the interests of the United States, including with respect to fulfilling its international and domestic legal obligations and ensuring similar exemptions for U.S. missions and mission members abroad, and to facilitate relations between the United States and foreign states and relations between the United States and international organizations.
The exemption from charges assessed by the Metropolitan Transportation Authority of New York for entry into its designated "Congestion Relief Zone" provided by this designation and determination shall apply to charges that have been or will be assessed against any foreign mission or international organization subject to this determination.
The Office of Foreign Missions at the Department of State published its determination entitled Determination Pursuant to the Foreign Missions Act in the Federal Register on January 6, 2025. By Clemens Kochinke, attorney at law advising missions, of Berliner Corcoran & Rowe LLP, Washington, DC.
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