The Office of Foreign Missions: Ensuring Foreign Diplomats Obey the Law

The Office of Foreign Missions (OFM), within the Department of State, administers the privileges enjoyed by foreign diplomatic and consular missions and their personnel in the United States. These privileges, defined by two treaties--the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations, fall into four major functional areas: the acquisition, ownership, and sale of real property; customs duty-free entry; tax exemption; and travel. Under the domestic authority of the 1982 Foreign Missions Act (22 U.S.C. 4301, et seq.), OFM administers these privileges on a basis of reciprocity and national security.

Although the treaties do not address the ownership or operation of motor vehicles, OFM serves as the source of motor vehicle services to the foreign mission community.

How Reciprocity Works
Foreign diplomats based in the United States receive the same privileges that their respective governments grant our diplomats abroad, giving OFM enormous leverage to secure fair treatment for U.S. diplomats and staff overseas.

If a foreign government imposes restrictions on the privileges available to a U.S. mission and their personnel, OFM will impose similar restrictions on that country’s missions and personnel and will enter into negotiation with that government to remove the restrictions, making it easier and less expensive for the United States to conduct relations with the country.

Property
OFM's Property Program authorizes the purchase, lease, sale, or expansion of real property. OFM provides guidance to foreign missions, local governments, attorneys, and real estate brokers regarding property taxation, zoning, and related matters. OFM oversees the preservation and maintenance of those foreign mission properties with which the United States no longer maintains diplomatic relations.

Handling about 300 requests a year, OFM reviews each request basing their decision on reciprocity and national security.

Customs
OFM receives, processes, and reviews applications by the foreign mission community for the duty-free importation of official and personal shipments and the purchase of duty-free items from bonded warehouse retailers.  The office also resolves problems encountered by foreign missions in the shipment and receipt of diplomatic and consular pouches.

In FY 2003, OFM processed 24,778 duty-free applications submitted by foreign missions, international organizations, or their personnel.

Tax Exemption
OFM’s Diplomatic Tax Exemption Program ensures proper exemption for foreign missions and their members from sales, utility, vehicle purchase, and fuel taxes. Applications for tax exemption are processed based upon the number of foreign missions and mission members submitting requests and on the claimant’s eligibility status. Exemptions are granted or denied to foreign missions and their members in accordance with international law and reciprocity.

In addition to producing tax exemption cards, OFM manages the State Department’s initiative to ensure the equitable tax treatment of U.S. missions and employees overseas.

In FY 2003, OFM produced just over 4,000 sales tax exemption cards and processed almost 900 applications for tax exemption on utilities and over 1,500 applications for tax exemption on gasoline purchases.

Travel
The Foreign Missions Act authorizes the Secretary of State to designate the terms and conditions under which benefits may be granted to foreign missions. In March 1983, the Secretary determined that travel services for personnel and their dependents from certain foreign missions could be obtained only through OFM. Those foreign missions must file a request for air, bus, and rail travel services.

Other identified foreign missions must request the Department's permission to travel by submitting notification to OFM before all proposed travel.

Travel limitations affect only a small number of countries and are subject to periodic review.

Diplomatic Motor Vehicles
OFM’s Diplomatic Motor Vehicles Program is responsible for a full range of motor vehicle services for the foreign mission community. This nationwide program, which is administered in accordance with U.S. laws, regulates the acquisition, registration, and disposition of all motor vehicles belonging to foreign missions and their members. It verifies that mandated insurance standards be maintained, ensures that members of the foreign mission community and their families are issued U.S. Department of State driver licenses, and monitors driving records to ensure unsafe drivers are removed from the road.

As of December 31, 2003, OFM was enforcing reciprocal restrictions on the diplomatic and consular missions of 116 countries. OFM coordinated action with regard to 60 countries, including the institution of 14 new reciprocity policies and the implementation of 24 major revisions to current reciprocity policies based on changes in host country policies with regard to U.S. missions. The diplomatic missions of six countries have indicated that they have requested policy changes to remove restrictions imposed on U.S. missions and personnel as result of OFM’s strict enforcement of reciprocity.

By using reciprocity as a policy to enforce these programs, OFM encourages countries to extend more equitable treatment to U.S. missions and personnel abroad. OFM’s services benefit the American public by helping to prevent the abuse of diplomatic privileges and immunities and by protecting the security interests of the United States.

OFM establishes and maintains relationships with U.S. law enforcement and security communities at the national, state, and local levels to educate these communities about diplomatic privilege and immunity issues. To facilitate the administration of these programs to the foreign diplomatic community, OFM has regional offices in Chicago, Houston, Los Angeles, Miami, New York City, and San Francisco.

To learn more about OFM’s programs and activities, please visit www.state.gov/ofm.