2 FAM 250
CUSTOMS PRIVILEGES ACCORDED FOREIGN REPRESENTATIVES IN
THE UNITED STATES
(CT:GEN-485; 11-03-2017)
(Office of origin: M/OFM)
2 FAM 251 DIPLOMATIC IMPORTATION
PROGRAM
2 FAM 251.1 Tax-and Duty-Free Entry
(CT:GEN-485; 11-03-2017)
The United States extends tax- and duty-free entry
privileges to foreign missions, international organizations, and their
accredited personnel under the authority of Article 36 of the Vienna Convention
on Diplomatic Relations (VCDR), Article 50 of the Vienna Convention on Consular
Relations (VCCR), and the International Organization Immunities Act (22 U.S.C.
288 et seq.) (IOIA). The Office of Foreign Missions (M/OFM/PR) manages the extension of this
privilege where extended to public international organizations under the IOIA,
and for bilateral missions, on the basis of reciprocity, in accordance with the
counterpart foreign governments tax- and duty-free importation treatment of
the U.S. Mission and its members. Such privileges are only available for
official articles (articles which are the property of a foreign government or
public international organization and will be used only in connection with
noncommercial functions) and personal articles (articles which are the property
of and for the personal or family use of eligible foreign mission personnel).
2 FAM 251.2 Requesting Customs
Clearance
(CT:GEN-485; 11-03-2017)
Under the Foreign Missions Act (FMA), all requests for
customs clearance for imports consigned to public international organizations,
foreign missions and their members in the United States must be submitted to M/OFM/PR using Form DS-1504, Request for Customs
Clearance of Merchandise. Foreign missions, their members, or contracted
customs brokers or freight forwarders working on their behalf are not permitted
to attempt to facilitate the importation of such shipments using any other form
or process. The only exception to this rule is the importation of properly
labeled diplomatic pouches, which do not require Form DS-1504 so long as a
detachable Customs Entry Certificate is affixed to the shipments exterior.
2 FAM 251.3 Customs Examination
(CT:GEN-430; 11-04-2014)
a. In accordance with Article 36.1 of the VCDR, foreign
missions and their members are not exempt from charges for storage, cartage,
and similar services.
b. Article 27 of the VCDR provides for the absolute
inviolability of the diplomatic pouch. The Department has long maintained that
Article 27 prohibits efforts to inspect a properly labeled pouch, including by
x-ray.
c. The VCDR does not provide any protection against
inspection for articles for the official use of the mission not labeled as a
diplomatic pouch (i.e., diplomatic mail or diplomatic cargo).
d. Article 36(2) of the VCDR provides that the personal
baggage of a diplomatic agent shall be exempt from inspection, unless there are
serious grounds for presuming that it contains articles other than for the
personal use of the agent or his family members, or articles the import or
export of which is prohibited by the law or controlled by the quarantine
regulations of the receiving State. Such inspection shall be conducted only in
the presence of the diplomatic agent or his authorized representative.
2 FAM 252 DIPLOMATIC POUCH
(CT:GEN-430; 11-04-2014)
a. A diplomatic pouch (or bag) is any properly
identified and sealed package, pouch, envelope, bag or other container that is
used to transport official correspondence, documents, and other articles
intended for official use, between: embassies, legations, consulates, and the
foreign office of any government; the headquarters or any other office of a
public international organization to which the benefit has been extended under
the IOIA and its regional offices in the United States or in a foreign country;
or the foreign office of any country with full membership in a public
international organization and its mission to that organization.
b. In accordance with Article 27.3 of the VCDR,
properly designated diplomatic pouches shall not be opened or detained. As a
result, the United States does not search properly designated and handled
diplomatic pouches, either physically or electronically (e.g., by X-ray), that
are moving into, within, or from the United States and considers it a serious
breach of the clear obligations of the VCDR for another country to do so.
c. In accordance with Article 27.4 of the VCDR,
diplomatic pouches must bear visible external marks of their character.
Therefore, a diplomatic pouch moving into, within, or from the United States
must:
(1) Have readily visible markings on the exterior of
the pouch, bag, envelope, crate, or container clearly identifying it in English
as a Diplomatic Pouch;
(2) Externally bear the official seal of the sending
entity (which may be a lead or plastic seal that is attached to a tie that
closes the pouch or a seal affixed to the pouchs exterior);
(3) Be addressed to or from the sending governments
ministry or department of foreign affairs, its embassies, legations, consular
offices, or the headquarters or offices of a public international organization
to which the benefit has been extended under the IOIA ); and
(4) When applicable, all associated shipping
documents, such as bills of lading and Air Waybills, should describe the
shipment in English as a Diplomatic Pouch.
d. In order to allow for the immediate customs entry of
all properly designated diplomatic pouches that are imported to the United
States, a detachable Customs Entry Certificate should be affixed to the
shipments exterior. If a shipment is not properly labeled as a diplomatic
pouch or if a properly designated diplomatic pouch arrives in the United States
without the required customs entry certificate, then the consignee must submit
a complete Form DS-1504 to OFM.
2 FAM 253 through 259 unassigned