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    Statutes at large from Oct. 1976 which details FSIA of 1976.

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    Statutes at large from Oct. 1976 which details FSIA of 1976.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    88 views8 pages

    Foreign Sovereign Immunities Act of 1976

    Uploaded by

    Shannon
    Statutes at large from Oct. 1976 which details FSIA of 1976.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    PUBLIC LAW 94-583—OCT. 21, 1976 Public Law 94-583 ‘94th Congress An Act ‘To define the Jurisdiction of Unlted States courts in sults against forelzn states, ‘tie circumstances in whieh foreign states ure immune from sult aod in Which ‘execution may not be levied ou thelr property, and for other Purposes io mui ty te Barta eh rien! ioe vetlvinof the United States of Lmerien in Congres aavombied, That this, Act may incited asthe “Foreign Sovereign Immunities Act of 1900" Sie a (a) That Suaplor SS ot tle 38, ‘Gaited Bates, Code, is mented by laurting innately belors sion 1831 the Aalowlng dew section: “§ 1330. Actions against foreign states (a) ‘The inset courts aall ave original judo witout ‘gird to amount in controversy of any nonjary ceil ection agnast a foreign state as defined in section 16031 na} opti a as to any claim for relief in personamn with re sata is not entitled to immunity either under sections Te0S-160T of of this title or ly ay amiable eration agro ae (6) arena justin over frcgn ate bal ex eo every claim for relist over which the district courts have just eection: (a) where service has been made under ‘action 1608 ‘oft “iis Oy For rposes of subsection (b), am appearance by a fore peri ene foal ‘eect tang cal Tete aoe in sections 1605-1 {hs fay lertan Seo oplee ais eb a pl betas “IDL, Federal question; amount in controverny cote” the following new item: 1890, Action agatst forex states”. Src, 3, That section 1882 of title 28, United States Code, is amended by striking subsections (a) (2) and (3) and substituting in their pcs e following: (2) citizens of a State and citizens or subjects of « foreign state; «_ (3) citizens of different States and in which citizens or sub- fa foreign state are additional parties; and orsign state deined in section 1608(a) of this ttl, us plaintiff and citizens of a State or of different States.”. Sec, 4. (a) That title 28, United States Code, is amended by insert ‘ing after chapter 95 the following new chapter: “Chapter 97.—JURISDICTIONAL IMMUNITIES OF FOREIGN ont STATES 111602. Windings and declaration of purpose, “100g Detations. “Hibs manly ot a foreen state from eration, 4008. General the Jurisdictional iinmtunlty of a forcgn state. 1008; Retent of 90 STAT. 2891 ‘Oct 21, 1976 TER. 11315), Foreign Immunities Act of 1976 28 USC 1 noe 28 USC 1380. Juradition Poss, p. 2892. Post, p. 2894. 90 STAT. 2892 28 USC 160. 28 USC 1608. 28 USC 1604, 26 USC 1605, PUBLIC LAW 94-583—OCT. 21, 1976 007. Countereaing, “HWIG: Service de to answer dea 00m Insanity fom attachiwot and execution of property of & foreian state, “gio. Exess to the immunity fom attachment oF exe. “HGH Ceriain types of property immune from exeetion. $1602. Findings and declaration of purpose “The Congress finds that the determination by United States courts of the claims of foreign states to immunity. from the jurisdiction of suck courts would serve the interests of justice and wotld protec the Fights of both foreign states and htigants in United States courts. ‘Under international inw, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, ‘and their commercial property may be levied upon for the satisfaction ‘of judgments rendered against them in connection with their commer- cial activities, Claims of foreign states to immunity should henceforth bbe decided by courts of the United States and of the States in con- formity with the principles set forth in this chapter. “$1603. Definitions “For purposes of this chapter— __ “(a) A foreign state’, except as used in soetion 1608 of this ttle, inches a political subdivision of a foreign state or an or ingtrumentality of a foreign state ag defined in subsection, (b). S(b) An “ageney or instrumentality of a foreign state? means any entity— 4) which sa separate legal person, corporate or other S(2) which is an organ of a foreign state or political subslivision thereof, on si hones shares or other ownership interest is om 1 foreign state oF politi subdivision thereof,and a (3) whieh is neither a citizen of a State of the United States a8 defined in section 1889 (2) and (d) of this title, nor created under the laws of any thind eountry. (e) The United States includes all territory and waters, con- tinental or insular, subject to the jurisdiction of the United States, (ad) A ‘sommehcial aokivity” moans cither a regular, course of commercial conduct or & pasticular commercial transnetion oF nt. The commercial character of an activity shall be determined by refernes to he nature of the course of conduct or pariculat transaction or act, rather than by reference to its purpose. “{(e) A ‘commercial activity carvied on in the United States by «a foreign state’ means commercial activity earried on by such state and having substantial contact with the United States. “$1604. Immunity of a foreign state from jurisdiction “Subject to existing international agreements to which the United States is a party at the time of enactment of this Act a foreign state shall bo immune from the jurisdiction of the courts of the United States and of the States except as provided in setions 1605 fo 1607 of ia capes ““§1605. General exceptions to the jurisdictional immunity of a foreign state (a) A foreign state shall not be immune from the juris courts of the United States or of the States in any ease— “(2) in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of fiction of PUBLIC LAW 94-583—OCT. 21, 1976 the waiver which the foreign state may purport to effet except in gceordance withthe terms ofthe waiver? : 2G)"in which the action is based pon a commercial activity carvied on in the United States by the foreign state; or upon an tet performed in the United States in connection with a commer cial naiviby of the forelan iets carers cx upon an cus oetaeh tie territory of the United States in conneetion with a commercial tctivity of the foreign state elsewhere and that act causes a direct Te vn comico nee (5) in which rights in in violation of in aera Ee ete Ee eopede oan pees exchanged for such property is present im the United States in cGescton a cate acti carved on in the Unite tates by the foreign state; or that property or any property crbangel torah Rroparey over ersten ky ck meg instrumentality of the foregn state and that ageaey oF instru sity ng in commer arity nC aie States “(dn whieh ght in property in Ce United States acquired Succession or gift or rights in immovable property siguated ‘United States are in issios oF : (5) not otherwise encompassed in paragraph (2) above, in vison’ dames a somght against w foreign Mate for Personal injury or death or damage to of low. Of property, bccursing in the United States and caused by the tortious et OF ‘omission of that foreign state or of any ofeial or employee ofthat foreign state while sefing within the Scope of his ofice or employ sent; except this paragraph shall not apply tom ECA) any clnim based upon the exercise or performance oF tho failure to exercise or perform a discretionary function rggtdlew of whether thedheretionBeabused, or ‘claim arising ont of maliions prosecution, a cf eon Bal asined tab Soreomintiin Gast oeinee. ferunee with contract rights (by A Toreigm state hall not be immune from tho jurisdiction of th conrts of the United Statesn any ense in which a sult in admiralty seen doin marie Ho agin nv or man ne ign sate, which maritime Hen is based upon a commercial activi ofthe peat: frie Tal erin ; va "Gi notice of the suit is given by delivery of a eopy of the samlugos and of the complaist to the petson, hia agent avin, of th esl of ergy agai which dhe maine in Irassrteds but such notice shall not be desmed to have: been dlolivered, nor may t thereafter be delivered, if the vessel of cargo {s arrested purmiant to process obtained on behaif of the party bringing the suit-unless the party was unaware that the vessel oF cargo of a foreign slate was Involved, in which event the corvico of process of arrest shall be deemed to constitute valid delivery of Such notices and (2) notice to the foreign state of the commencement of suit an provided tn ection 10005 thin tite attated tein tom done cither of the delivery of notice as provided in subsection. Od of this section or, inthe case of a party who was unpare that he ‘vessel or cango of « foreign state was involved, of the date such party determined the existence of the foreign state's interest. ‘Whenever notice is delivered under subsection {b) (1) of this section, tho maritime Len sball thereafter be deemed fo bean in persona 90 STAT. 2893 Suit in admicaly. 90 STAT. 2894 28 USC 1606. 28 USC 1607. 28 USC 1608. PUBLIC LAW 94-583—OCT. 21, 1976 claim against the foreign state which at that time owns the, vessel oF cargo involved: Proved, That « court may not avard judgment against the foreign state in an amount greater than the value of the ‘Vessel or cargo upon which the maritime lien arose, such value to be dtermined as of the time notice is served under subsection (b) (1) of this section. § 1606. Extent of liability “As to any claim for relief with respect to which a foreigm state is not entitled to immunity under section 1008 or 1007 of this ekupter, ‘the foreign state shall be liable in the same manner and to the samo extent aoa privat individu wider like circumstances; but a forign state except for an agency or instrumentality thereof shall not liablo for punitive damages; if, however, in any ease wherein death xed the la of the place where the aetiow or omission occurred provides, oF has been construed to provide, for nitive Eryuinn, tie foreign ate al ene or ctl Gr compeenton dlpagesieasored bythe pecuniary injuries eating fram Sach det ‘which were incurred by the persons for whose benefit the action was brought. “$1607. Counterclaims __ “Inany action brought by a foreign state, orn which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim— (a) for which a foreign state would not be entitled to Jnnmunity ur setio 1006 ofthis chapter had such claim been. it in a separate action against the foreign state; or ing ont of the transaction of occurrence that is the subject matter of the claim of the foreign state; or “(e), to the extent that the counterclaim does not seek relief ‘exceeding in amount or differing in kind from that sought by the foreign state, “$1608. Service; time to answers default a) Service in the courts of the United States and of the States made upon a foreigm state or political subdivision of & for fin state” “) delivery of a of the summons and jlaint i cadatts in ay scl Ceeungenl fae tron bora tin Plaintiff and the foreign atate or political subdivision; or (2) if no special arrangement existe, by delivery of a. co cof the summons and complaint in accordance with an applica Styria omen on mre of aca ecco (3) if secre cannot be made taker perageerin 2] $f (2), hy sending a copy of the summong and complaint and « notis of STi relent rand of euch in the ofa engage of the foreign state, by any form of mall requiring signed receipt, to be adatrested and digpatched by the erk of the ure ee te perce sat dlc by SN ees oH eet concerned, or ATG vi cana be made hin 90 days wader ar by sanding two copies of the summons and completnt Sal not of ey fog ith « team of ah alate ‘ial language of the foreign stat any of mail juir~ Sag signe es to be addressed und dlopatched By the Ser of the court to the Secretary of State in Washington, District of PUBLIC LAW 94-583—OCT. 21, 1976 Columbia, to the atention of the Director of Spexial Consular Servicer and the Secretary shal transmit ons eopy of the papers through diplomatic channels to the foreign state and shall send fo the carl of the court a certified copy of the diplomatic note {Indicating when the papers were transmifed. , ‘Ag used in thus sabecttion, 2 notice of suit shall mean a notion diseased na fom pres by he Serlary te by regulation. ‘(h) Servier in the courts of the United States and of the States shail be made upon an agency or inteumentality of a foreign state: dy by delivery of copy of the summons and complain accordance with ay special arrangement for servie between the Pisin and the ageney orinstrumentaity;or ee ee anger of x corr ofthe um and cmp sir 0 es « ening eral agent or fo any other agent author ci Sr by law to receive service of process in the United States; or in avcordance with en appliable international convention’ on "ETD ees cae be oh ike Gangs) ie (2), (3) if service cannot be made under paragraphs (1) or (2), nd suseanoly Suechuel ep sacs anes etree ot 2 copy ofthe summons and compat, together witha translation Fite ala nga eg ate (A) as directed by un authority of the foreign stato or politcal subdivision in response toa letter rogatory. Or est or (B) by any form of mail requiring a signed receipt, to Waspidcooel soo tiie by Soe RE oF Us rece bs lo ‘gay or nermentity fob redo "(G) ‘as directed by oXder of the court consistent with the law of the place wero service is tobe made. *(c), Service shall be deemed to have been made— i in theese of server ation (6) (4, ofthe dais tenant indicated In the ex copy ofthe pl: tiie notes an BO ae ee receipt inuicafed in the cartifcation, signed snd returned postal receipt, or eee proof of service applicable to the method of 3a 1 ay action brown 3 cour ofthe ite States or of 1 Slate, a foreign state, a political cubdivision thereof, or an agency cS inte of jor tate sall serve an aoner on her responsive pleading to the complaint within esty days efter service ee ate seeds 2 (2) Ko judgment Uy defaa entored by a court af the Uniled Staite Sr of a Stato gine’ forelgn gate’ « politcal sub. division thereof, or an agency'or instrumentality of & foreign sats, tee the cman eis cla or ght orl By eden satisfactory tothe court. A copy of an fe judgment shail be nent to’ tho ftrcign otate Or political eubdivision tn the wanser prescribed for service in thi section, *§1609, Immunity from attachment and execution of property of 2 foreign state “Subject to existing international Biss tes pongy ae agreements to which the United time of enactment of this Act the property 90 STAT. 2895 “Notion of uit” 28 USC 1600, 90 STAT. 2896 28 USC 1610. PUBLIC LAW 94-583—OCT. 21, 1976 sn the United States of 1 foreign state shall be immune from attach- ment arrest ancl execution except as provided in sections 1610 and {O11 of this chapter. “§ 1610. Exceptions to the immunity from attachment or execution .. “(a). The property in the United States of a foreign state, as defined in section 1605(n) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court fhe United Sater or of State afterthe effective date of this (1) dhe foreign state has waived its immunity from attach- ‘ment in aid of execution or from execution either explicitly oF by implication, notwithstanding any will of he waver 1 foreign state may purport to effec except in accortunee with the igre the waiver, Or. = ce ; 1 property is OF was used for the commercial activity ng which the claim ie ian, oF 7 (a) the execution relates o's judgment establishing rights in property hick bat een Glen fa lation of atraotic Br ih Tas been exchanged for property taken in voltion of “w the execution relates to a judgment establishing rights in pro (A) which is acquired by succession o gift, or (B) which i immovable and situated in the United States: Pronided, ‘That sich property is not wed for pure poses of maintaining a diplomatic or consular mission or al sitet of the Cho of sch sion ot say ie ci om bach contractual obligetion te defy or hold harmless gn state or its employees under a policy Of sutqaculls Oe ther Ibbllity ac eagually tameranos covacing the claim which merged into the judgment. E uit) dn adaition io 'subsecton (a), ny property in th United ates of an agency oF instrumentality of a foreyga state engaged in commercial activity in the United States shall not be immune from attachment in aid of exeeution, or from execution, upon a judgment entered by a court of the United States or of a Stato after the effective date of this Act, f— (1) he’ ageney or instrumentality has waived its immunity from attachment in aid of execution or from execution either explicty'or implicitly, notwithstanding any withdrawal of the ‘waiver the ageney or instrumentality may purport to effect exce in'aceordance with the terms of the waiver, or (2) the judgment relates to a claim for which the agency or Jnatrumentality isnot smn by wre of bction 1003 (8) (2) 3), oF (5), oF 1605(b) of this chapter, regardless of whether fhe property or was we forthe activity upon which te caim No attachment or execution referred to in subotions (a) (b) of this seetion shall be permitted until the court has ord fZaehis porta of us ey altpend Sllrel he sute of fwiaaeet sonable ‘of time has (ol entry of ji wa ‘he en ‘of any nati required under section 1#08(@) of this ap PUBLIC LAW 94-583—OCT. 21, 1976 “(d) The proy of a foreign state, as defined in section 1608(a) 0 ee eran na activi ia the Geel Beas, shall not be immune from attachment prior to the entry of jn rent in any action brought in « court of the United States or of te, Se ee esas ortaer ates “(1) the foreign state has explicitly waived its immunity from See ee ee ay area atat eat le ee eS a ee canes eee ee ase eat spatiale oa inet eter nce arena age ee See emae sy adh actos Spe oe vewpecy ean Cra eatin (a) Notwithstanding the provisions of section 1610 of this chapter, cas ee een pees Pee tenes ee tie Sees meena Ce Te ee ee eee aa eee ey ahaa eee eee disbursement of funds to, or on the order of, a foreign state as the er 2 ee See ae get oe si cig pins ae SE a x os lw tan by eee ore ee ee ean and from execution, if— TL he pe that of cig cnt bak maar ea eye ote tele ee ee Se ie ee es ee SE ee ee eee ‘authority fa act ‘may purport to effect except in nccord- ee ee (2) the property is, or is intended to be, used in connection with a military activity and ) is of a military character, or aa 'B) is under the control of @ military authority or (wi AR ES tires, evn are ered bli 28, United States Code, is amended by inserting after— ee ee ee Suc, 5. That section 1301 of title 28, United States Code, is amended by adding at the end thereof the following new subsection : “(f) A civil action ae a foreign state as defined in section 1003 (a) of this title may be brought— “(1) in any judicial district in which a substantial part of the events or omissions giving risé to the claim or a sub- peed argo Tied gin arate ay situated; licial district in which the vessel or cargo of Eg “(@) in any j for state is situated, if the claim is asserted under sectic 1605 b) of this title; wlacil = ad 90 STAT. 2897 28 USC 1611. 22 USC288 not. Venue 90 STAT. 2898 PUBLIC LAW 94-583—OCT. 21, 1976 (2) im any judicial district. in which the agency or instru mentality is Ticensed to do business or is doing bt ‘if the action is brought against an agency or instrumentality of a foreign State a8 defined in section 1608(b) of this title; or (4) in the United States District Court for the District of Colimbia if the action is brought against a foreign state or politi- cal subdivision thereof”. Actions ‘Sno. 6. That section M441 of title 28, United States Code, is amended merits ya tigeneen tions eterna mein fi

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