Foreign flags in the United States: how they are flown

The United States has large communities with roots in other countries, and flags of other nations are a common sight at homes, restaurants, consulates, international companies and sporting events. No federal law prohibits a private person or business from flying a foreign flag. The Flag Code describes how it is flown together with the flag of the United States, and diplomatic missions have a right of their own to fly their national flag.

Separate staffs of the same height

Under 4 U.S.C. § 7(g), “when flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.” The wording goes back to the original Flag Code of 1942.

The rule in § 7(c)

A second sentence was added to § 7(c) in 1953: no person shall display the flag of the United Nations “or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States” at any place within the United States or its territories.

According to the Congressional Research Service (CRS), the two provisions appear to be contradictory. The usual rule of statutory construction gives effect to the later provision, so flying the flag of another nation at the same height as the US flag “may not be proper etiquette” under the Code, but this creates no right of action for private individuals.

The United Nations flag

The 1953 amendment names the flag of the United Nations specifically. The one exception is the headquarters of the United Nations in New York, where § 7(c) keeps the earlier practice of the UN flag in a position of superior prominence and other national flags in positions of equal prominence with the US flag.

Embassies and consulates

Under Article 20 of the Vienna Convention on Diplomatic Relations of 1961, a diplomatic mission and its head have the right to use the flag and emblem of the sending state on the premises of the mission, including the residence of the head of mission, and on the head’s means of transport. The Flag Code’s rules on position do not change that right.

Foreign flags in homeowners’ associations

The federal Freedom to Display the American Flag Act protects only the US flag, and state laws on homeowners’ associations mostly name the US, state and military flags. Arizona is an example of a state that goes further: A.R.S. § 33-1808 also names, among other flags, Arizona Indian nations flags and the flag of a major non-NATO ally of the United States established on May 14, 1948. More in the guide to flags in HOA communities.

Businesses and events

International companies, hotels and conference venues often fly several national flags. On separate flagpoles of the same height, each flag in approximately the same size, the Flag Code’s rule for flags of nations is followed; the placement of the US flag among company and state flags is described in the guides to flag etiquette and flagpoles for businesses.