US (United States) Code. Title 28. Part IV. Chapter 97: Jurisdictional inmunities of foreign states

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN

STATES 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-MISC1-

Sec.

1602. Findings and declaration of purpose.

1603. Definitions.

1604. Immunity of a foreign state from jurisdiction.

1605. General exceptions to the jurisdictional immunity of a

foreign state.

1606. Extent of liability.

1607. Counterclaims.

1608. Service; time to answer default.(!1)

1609. Immunity from attachment and execution of property of

a foreign state.

1610. Exceptions to the immunity from attachment or

execution.

1611. Certain types of property immune from execution.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

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28 USC Sec. 1602 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1602. Findings and declaration of purpose

-STATUTE-

The Congress finds that the determination by United States courts

of the claims of foreign states to immunity from the jurisdiction

of such courts would serve the interests of justice and would

protect the rights of both foreign states and litigants in United

States courts. Under international law, 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 commercial activities. Claims of foreign

states to immunity should henceforth be decided by courts of the

United States and of the States in conformity with the principles

set forth in this chapter.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2892.)

-MISC1-

EFFECTIVE DATE

Section 8 of Pub. L. 94-583 provided that: "This Act [enacting

this chapter and section 1330 of this title, amending sections

1332, 1391, and 1441 of this title, and enacting provisions set out

as notes under this section and section 1 of this title] shall take

effect ninety days after the date of its enactment [Oct. 21,

1976]."

SHORT TITLE

For short title of Pub. L. 94-583 as the "Foreign Sovereign

Immunities Act of 1976", see section 1 of Pub. L. 94-583, set out

as a Short Title of 1976 Amendments note under section 1 of this

title.

SEPARABILITY

Section 7 of Pub. L. 94-583 provided that: "If any provision of

this Act [enacting this chapter and section 1330 of this title,

amending sections 1332, 1391, and 1441 of this title, and enacting

provisions set out as notes under this section and section 1 of

this title] or the application thereof to any foreign state is held

invalid, the invalidity does not affect other provisions or

applications of the Act which can be given effect without the

invalid provision or application, and to this end the provisions of

this Act are severable."

-End-

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28 USC Sec. 1603 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1603. Definitions

-STATUTE-

For purposes of this chapter -

(a) A "foreign state", except as used in section 1608 of this

title, includes a political subdivision of a foreign state or an

agency or instrumentality of a foreign state as defined in

subsection (b).

(b) An "agency or instrumentality of a foreign state" means any

entity -

(1) which is a separate legal person, corporate or otherwise,

and

(2) which is an organ of a foreign state or political

subdivision thereof, or a majority of whose shares or other

ownership interest is owned by a foreign state or political

subdivision thereof, and

(3) which is neither a citizen of a State of the United

States as defined in section 1332 (c) and (d) of this title,

nor created under the laws of any third country.

(c) The "United States" includes all territory and waters,

continental or insular, subject to the jurisdiction of the United

States.

(d) A "commercial activity" means either a regular course of

commercial conduct or a particular commercial transaction or act.

The commercial character of an activity shall be determined by

reference to the nature of the course of conduct or particular

transaction or act, rather than by reference to its purpose.

(e) A "commercial activity carried on in the United States by a

foreign state" means commercial activity carried on by such state

and having substantial contact with the United States.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2892.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 1332, 1369, 1391,

1441, 1610 of this title; title 12 section 635; title 15 section

15; title 22 sections 2295b, 6003, 6023.

-End-

-CITE-

28 USC Sec. 1604 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1604. Immunity of a foreign state from jurisdiction

-STATUTE-

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 be immune from the jurisdiction of the courts of the

United States and of the States except as provided in sections 1605

to 1607 of this chapter.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2892.)

-REFTEXT-

REFERENCES IN TEXT

The time of enactment of this Act, referred to in text, probably

means the time of enactment of Pub. L. 94-583, which was approved

Oct. 21, 1976.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1605 of this title.

-End-

-CITE-

28 USC Sec. 1605 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1605. General exceptions to the jurisdictional immunity of a

foreign state

-STATUTE-

(a) A foreign state shall not be immune from the jurisdiction of

courts of the United States or of the States in any case -

(1) in which the foreign state has waived its immunity either

explicitly or by implication, notwithstanding any withdrawal of

the waiver which the foreign state may purport to effect except

in accordance with the terms of the waiver;

(2) in which the action is based upon a commercial activity

carried on in the United States by the foreign state; or upon an

act performed in the United States in connection with a

commercial activity of the foreign state elsewhere; or upon an

act outside the territory of the United States in connection with

a commercial activity of the foreign state elsewhere and that act

causes a direct effect in the United States;

(3) in which rights in property taken in violation of

international law are in issue and that property or any property

exchanged for such property is present in the United States in

connection with a commercial activity carried on in the United

States by the foreign state; or that property or any property

exchanged for such property is owned or operated by an agency or

instrumentality of the foreign state and that agency or

instrumentality is engaged in a commercial activity in the United

States;

(4) in which rights in property in the United States acquired

by succession or gift or rights in immovable property situated in

the United States are in issue;

(5) not otherwise encompassed in paragraph (2) above, in which

money damages are sought against a foreign state for personal

injury or death, or damage to or loss of property, occurring in

the United States and caused by the tortious act or omission of

that foreign state or of any official or employee of that foreign

state while acting within the scope of his office or employment;

except this paragraph shall not apply to -

(A) any claim based upon the exercise or performance or the

failure to exercise or perform a discretionary function

regardless of whether the discretion be abused, or

(B) any claim arising out of malicious prosecution, abuse of

process, libel, slander, misrepresentation, deceit, or

interference with contract rights;

(6) in which the action is brought, either to enforce an

agreement made by the foreign state with or for the benefit of a

private party to submit to arbitration all or any differences

which have arisen or which may arise between the parties with

respect to a defined legal relationship, whether contractual or

not, concerning a subject matter capable of settlement by

arbitration under the laws of the United States, or to confirm an

award made pursuant to such an agreement to arbitrate, if (A) the

arbitration takes place or is intended to take place in the

United States, (B) the agreement or award is or may be governed

by a treaty or other international agreement in force for the

United States calling for the recognition and enforcement of

arbitral awards, (C) the underlying claim, save for the agreement

to arbitrate, could have been brought in a United States court

under this section or section 1607, or (D) paragraph (1) of this

subsection is otherwise applicable; or

(7) not otherwise covered by paragraph (2), in which money

damages are sought against a foreign state for personal injury or

death that was caused by an act of torture, extrajudicial

killing, aircraft sabotage, hostage taking, or the provision of

material support or resources (as defined in section 2339A of

title 18) for such an act if such act or provision of material

support is engaged in by an official, employee, or agent of such

foreign state while acting within the scope of his or her office,

employment, or agency, except that the court shall decline to

hear a claim under this paragraph -

(A) if the foreign state was not designated as a state

sponsor of terrorism under section 6(j) of the Export

Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section

620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at

the time the act occurred, unless later so designated as a

result of such act or the act is related to Case Number

1:00CV03110(EGS) in the United States District Court for the

District of Columbia; and

(B) even if the foreign state is or was so designated, if -

(i) the act occurred in the foreign state against which the

claim has been brought and the claimant has not afforded the

foreign state a reasonable opportunity to arbitrate the claim

in accordance with accepted international rules of

arbitration; or

(ii) neither the claimant nor the victim was a national of

the United States (as that term is defined in section

101(a)(22) of the Immigration and Nationality Act) when the

act upon which the claim is based occurred.

(b) A foreign state shall not be immune from the jurisdiction of

the courts of the United States in any case in which a suit in

admiralty is brought to enforce a maritime lien against a vessel or

cargo of the foreign state, which maritime lien is based upon a

commercial activity of the foreign state: Provided, That -

(1) notice of the suit is given by delivery of a copy of the

summons and of the complaint to the person, or his agent, having

possession of the vessel or cargo against which the maritime lien

is asserted; and if the vessel or cargo is arrested pursuant to

process obtained on behalf of the party bringing the suit, the

service of process of arrest shall be deemed to constitute valid

delivery of such notice, but the party bringing the suit shall be

liable for any damages sustained by the foreign state as a result

of the arrest if the party bringing the suit had actual or

constructive knowledge that the vessel or cargo of a foreign

state was involved; and

(2) notice to the foreign state of the commencement of suit as

provided in section 1608 of this title is initiated within ten

days either of the delivery of notice as provided in paragraph

(1) of this subsection or, in the case of a party who was unaware

that the vessel or cargo of a foreign state was involved, of the

date such party determined the existence of the foreign state's

interest.

(c) Whenever notice is delivered under subsection (b)(1), the

suit to enforce a maritime lien shall thereafter proceed and shall

be heard and determined according to the principles of law and

rules of practice of suits in rem whenever it appears that, had the

vessel been privately owned and possessed, a suit in rem might have

been maintained. A decree against the foreign state may include

costs of the suit and, if the decree is for a money judgment,

interest as ordered by the court, except that the court may not

award 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 shall be determined as of the time notice is

served under subsection (b)(1). Decrees shall be subject to appeal

and revision as provided in other cases of admiralty and maritime

jurisdiction. Nothing shall preclude the plaintiff in any proper

case from seeking relief in personam in the same action brought to

enforce a maritime lien as provided in this section.

(d) A foreign state shall not be immune from the jurisdiction of

the courts of the United States in any action brought to foreclose

a preferred mortgage, as defined in the Ship Mortgage Act, 1920 (46

U.S.C. 911 and following). Such action shall be brought, heard, and

determined in accordance with the provisions of that Act and in

accordance with the principles of law and rules of practice of

suits in rem, whenever it appears that had the vessel been

privately owned and possessed a suit in rem might have been

maintained.

(e) For purposes of paragraph (7) of subsection (a) -

(1) the terms "torture" and "extrajudicial killing" have the

meaning given those terms in section 3 of the Torture Victim

Protection Act of 1991;

(2) the term "hostage taking" has the meaning given that term

in Article 1 of the International Convention Against the Taking

of Hostages; and

(3) the term "aircraft sabotage" has the meaning given that

term in Article 1 of the Convention for the Suppression of

Unlawful Acts Against the Safety of Civil Aviation.

(f) No action shall be maintained under subsection (a)(7) unless

the action is commenced not later than 10 years after the date on

which the cause of action arose. All principles of equitable

tolling, including the period during which the foreign state was

immune from suit, shall apply in calculating this limitation

period.

(g) Limitation on Discovery. -

(1) In general. - (A) Subject to paragraph (2), if an action is

filed that would otherwise be barred by section 1604, but for

subsection (a)(7), the court, upon request of the Attorney

General, shall stay any request, demand, or order for discovery

on the United States that the Attorney General certifies would

significantly interfere with a criminal investigation or

prosecution, or a national security operation, related to the

incident that gave rise to the cause of action, until such time

as the Attorney General advises the court that such request,

demand, or order will no longer so interfere.

(B) A stay under this paragraph shall be in effect during the

12-month period beginning on the date on which the court issues

the order to stay discovery. The court shall renew the order to

stay discovery for additional 12-month periods upon motion by the

United States if the Attorney General certifies that discovery

would significantly interfere with a criminal investigation or

prosecution, or a national security operation, related to the

incident that gave rise to the cause of action.

(2) Sunset. - (A) Subject to subparagraph (B), no stay shall be

granted or continued in effect under paragraph (1) after the date

that is 10 years after the date on which the incident that gave

rise to the cause of action occurred.

(B) After the period referred to in subparagraph (A), the

court, upon request of the Attorney General, may stay any

request, demand, or order for discovery on the United States that

the court finds a substantial likelihood would -

(i) create a serious threat of death or serious bodily injury

to any person;

(ii) adversely affect the ability of the United States to

work in cooperation with foreign and international law

enforcement agencies in investigating violations of United

States law; or

(iii) obstruct the criminal case related to the incident that

gave rise to the cause of action or undermine the potential for

a conviction in such case.

(3) Evaluation of evidence. - The court's evaluation of any

request for a stay under this subsection filed by the Attorney

General shall be conducted ex parte and in camera.

(4) Bar on motions to dismiss. - A stay of discovery under this

subsection shall constitute a bar to the granting of a motion to

dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil

Procedure.

(5) Construction. - Nothing in this subsection shall prevent

the United States from seeking protective orders or asserting

privileges ordinarily available to the United States.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2892;

amended Pub. L. 100-640, Sec. 1, Nov. 9, 1988, 102 Stat. 3333; Pub.

L. 100-669, Sec. 2, Nov. 16, 1988, 102 Stat. 3969; Pub. L. 101-650,

title III, Sec. 325(b)(8), Dec. 1, 1990, 104 Stat. 5121; Pub. L.

104-132, title II, Sec. 221(a), Apr. 24, 1996, 110 Stat. 1241; Pub.

L. 105-11, Apr. 25, 1997, 111 Stat. 22; Pub. L. 107-77, title VI,

Sec. 626(c), Nov. 28, 2001, 115 Stat. 803; Pub. L. 107-117, div. B,

Sec. 208, Jan. 10, 2002, 115 Stat. 2299.)

-REFTEXT-

REFERENCES IN TEXT

Section 101(a)(22) of the Immigration and Nationality Act,

referred to in subsec. (a)(7)(B)(ii), is classified to section

1101(a)(22) of Title 8, Aliens and Nationality.

The Ship Mortgage Act, 1920, referred to in subsec. (d), is

section 30 of act June 5, 1920, ch. 250, 41 Stat. 1000, as amended,

which was classified generally to chapter 25 (Sec. 911 et seq.) of

former Title 46, Shipping, and was repealed by Pub. L. 100-710,

title I, Sec. 106(b)(2), Nov. 23, 1988, 102 Stat. 4752, and

reenacted by section 102(c) thereof as chapters 301 and 313 of

Title 46, Shipping.

Section 3 of the Torture Victim Protection Act of 1991, referred

to in subsec. (e)(1), is section 3 of Pub. L. 102-256, Mar. 12,

1992, 106 Stat. 73, which is set out in a note under section 1350

of this title.

Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure,

referred to in subsec. (g)(4), are set out in the Appendix to this

title.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(7)(A). Pub. L. 107-117 amended Pub. L. 107-77.

See 2001 Amendment note below.

2001 - Subsec. (a)(7)(A). Pub. L. 107-77, as amended by Pub. L.

107-117, inserted before semicolon "or the act is related to Case

Number 1:00CV03110(EGS) in the United States District Court for the

District of Columbia".

1997 - Subsec. (a)(7)(B)(ii). Pub. L. 105-11 substituted "neither

the claimant nor the victim was" for "the claimant or victim was

not".

1996 - Subsec. (a)(7). Pub. L. 104-132, Sec. 221(a)(1), added

par. (7).

Subsecs. (e) to (g). Pub. L. 104-132, Sec. 221(a)(2), added

subsecs. (e) to (g).

1990 - Subsec. (a)(6). Pub. L. 101-650 substituted "state" for

"State" after "foreign".

1988 - Subsec. (a)(6). Pub. L. 100-669 added par. (6).

Subsec. (b). Pub. L. 100-702, Sec. 1(3), struck out at end

"Whenever notice is delivered under subsection (b)(1) of this

section, the maritime lien shall thereafter be deemed to be an in

personam claim against the foreign state which at that time owns

the vessel or cargo involved: Provided, That a court may not award

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 determined as of the time notice is served under

subsection (b)(1) of this section."

Subsec. (b)(1). Pub. L. 100-640, Sec. 1(1), substituted "and if

the vessel or cargo is arrested pursuant to process obtained on

behalf of the party bringing the suit, the service of process of

arrest shall be deemed to constitute valid delivery of such notice,

but the party bringing the suit shall be liable for any damages

sustained by the foreign state as a result of the arrest if the

party bringing the suit had actual or constructive knowledge that

the vessel or cargo of a foreign state was involved" for "but such

notice shall not be deemed to have been delivered, nor may it

thereafter be delivered, if the vessel or cargo is arrested

pursuant to process obtained on behalf of the party bringing the

suit - unless the party was unaware that the vessel or cargo of a

foreign state was involved, in which event the service of process

of arrest shall be deemed to constitute valid delivery of such

notice".

Subsec. (b)(2). Pub. L. 100-640, Sec. 1(2), substituted

"paragraph (1) of this subsection" for "subsection (b)(1) of this

section".

Subsecs. (c), (d). Pub. L. 100-702, Sec. 1(3), added subsecs. (c)

and (d).

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-11 provided that the amendment made by that Act was

effective with respect to any cause of action arising before, on,

or after Apr. 25, 1997.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 221(c) of title II of Pub. L. 104-132 provided that: "The

amendments made by this subtitle [subtitle B (Sec. 221) of title II

of Pub. L. 104-132, amending this section and section 1610 of this

title] shall apply to any cause of action arising before, on, or

after the date of the enactment of this Act [Apr. 24, 1996]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 3 of Pub. L. 100-640 provided that: "The amendments made

by this Act [amending this section and section 1610 of this title]

shall apply to actions commenced on or after the date of the

enactment of this Act [Nov. 9, 1988]."

CIVIL LIABILITY FOR ACTS OF STATE SPONSORED TERRORISM

Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.

589], Sept. 30, 1996, 110 Stat. 3009-121, 3009-172, provided that:

"(a) an [sic] official, employee, or agent of a foreign state

designated as a state sponsor of terrorism designated [sic] under

section 6(j) of the Export Administration Act of 1979 [50 App.

U.S.C. 2405(j)] while acting within the scope of his or her office,

employment, or agency shall be liable to a United States national

or the national's legal representative for personal injury or death

caused by acts of that official, employee, or agent for which the

courts of the United States may maintain jurisdiction under section

1605(a)(7) of title 28, United States Code, for money damages which

may include economic damages, solatium, pain, and suffering, and

punitive damages if the acts were among those described in section

1605(a)(7).

"(b) Provisions related to statute of limitations and limitations

on discovery that would apply to an action brought under 28 U.S.C.

1605(f) and (g) shall also apply to actions brought under this

section. No action shall be maintained under this action [sic] if

an official, employee, or agent of the United States, while acting

within the scope of his or her office, employment, or agency would

not be liable for such acts if carried out within the United

States."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 1391, 1604, 1606,

1607, 1610 of this title; title 15 section 15.

-End-

-CITE-

28 USC Sec. 1606 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1606. Extent of liability

-STATUTE-

As to any claim for relief with respect to which a foreign state

is not entitled to immunity under section 1605 or 1607 of this

chapter, the foreign state shall be liable in the same manner and

to the same extent as a private individual under like

circumstances; but a foreign state except for an agency or

instrumentality thereof shall not be liable for punitive damages;

if, however, in any case wherein death was caused, the law of the

place where the action or omission occurred provides, or has been

construed to provide, for damages only punitive in nature, the

foreign state shall be liable for actual or compensatory damages

measured by the pecuniary injuries resulting from such death which

were incurred by the persons for whose benefit the action was

brought.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2894;

amended Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec.

117(b)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-491; Pub. L.

106-386, div. C, Sec. 2002(g)(2), formerly Sec. 2002(f)(2), Oct.

28, 2000, 114 Stat. 1543, renumbered Sec. 2002(g)(2), Pub. L.

107-297, title II, Sec. 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-386, Sec. 2002(g)(2), formerly Sec.

2002(f)(2), as renumbered by Pub. L. 107-297, which directed repeal

of section 101(h) [title I, Sec. 117(b)] of div. A of Pub. L.

105-277, was executed by striking out ", except any action under

section 1605(a)(7) or 1610(f)" after "punitive damages", to reflect

the probable intent of Congress. See 1998 Amendment note below.

1998 - Pub. L. 105-277 inserted ", except any action under

section 1605(a)(7) or 1610(f)" after "punitive damages".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 applicable to any claim for which a

foreign state is not immune under section 1605(a)(7) of this title

arising before, on, or after Oct. 21, 1998, see section 101(h)

[title I, Sec. 117(c)] of Pub. L. 105-277, set out as a note under

section 1610 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 1604 of this title.

-End-

-CITE-

28 USC Sec. 1607 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1607. Counterclaims

-STATUTE-

In any action brought by a foreign state, or in 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 immunity

under section 1605 of this chapter had such claim been brought in

a separate action against the foreign state; or

(b) arising out of the transaction or occurrence that is the

subject matter of the claim of the foreign state; or

(c) to the extent that the counterclaim does not seek relief

exceeding in amount or differing in kind from that sought by the

foreign state.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2894.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 1604, 1605, 1606 of

this title.

-End-

-CITE-

28 USC Sec. 1608 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1608. Service; time to answer; default

-STATUTE-

(a) Service in the courts of the United States and of the States

shall be made upon a foreign state or political subdivision of a

foreign state:

(1) by delivery of a copy of the summons and complaint in

accordance with any special arrangement for service between the

plaintiff and the foreign state or political subdivision; or

(2) if no special arrangement exists, by delivery of a copy of

the summons and complaint in accordance with an applicable

international convention on service of judicial documents; or

(3) if service cannot be made under paragraphs (1) or (2), by

sending a copy of the summons and complaint and a notice of suit,

together with a translation of each into the official language of

the foreign state, by any form of mail requiring a signed

receipt, to be addressed and dispatched by the clerk of the court

to the head of the ministry of foreign affairs of the foreign

state concerned, or

(4) if service cannot be made within 30 days under paragraph

(3), by sending two copies of the summons and complaint and a

notice of suit, together with a translation of each into the

official language of the foreign state, by any form of mail

requiring a signed receipt, to be addressed and dispatched by the

clerk of the court to the Secretary of State in Washington,

District of Columbia, to the attention of the Director of Special

Consular Services - and the Secretary shall transmit one copy of

the papers through diplomatic channels to the foreign state and

shall send to the clerk of the court a certified copy of the

diplomatic note indicating when the papers were transmitted.

As used in this subsection, a "notice of suit" shall mean a notice

addressed to a foreign state and in a form prescribed by the

Secretary of State by regulation.

(b) Service in the courts of the United States and of the States

shall be made upon an agency or instrumentality of a foreign state:

(1) by delivery of a copy of the summons and complaint in

accordance with any special arrangement for service between the

plaintiff and the agency or instrumentality; or

(2) if no special arrangement exists, by delivery of a copy of

the summons and complaint either to an officer, a managing or

general agent, or to any other agent authorized by appointment or

by law to receive service of process in the United States; or in

accordance with an applicable international convention on service

of judicial documents; or

(3) if service cannot be made under paragraphs (1) or (2), and

if reasonably calculated to give actual notice, by delivery of a

copy of the summons and complaint, together with a translation of

each into the official language of the foreign state -

(A) as directed by an authority of the foreign state or

political subdivision in response to a letter rogatory or

request or

(B) by any form of mail requiring a signed receipt, to be

addressed and dispatched by the clerk of the court to the

agency or instrumentality to be served, or

(C) as directed by order of the court consistent with the law

of the place where service is to be made.

(c) Service shall be deemed to have been made -

(1) in the case of service under subsection (a)(4), as of the

date of transmittal indicated in the certified copy of the

diplomatic note; and

(2) in any other case under this section, as of the date of

receipt indicated in the certification, signed and returned

postal receipt, or other proof of service applicable to the

method of service employed.

(d) In any action brought in a court of the United States or of a

State, a foreign state, a political subdivision thereof, or an

agency or instrumentality of a foreign state shall serve an answer

or other responsive pleading to the complaint within sixty days

after service has been made under this section.

(e) No judgment by default shall be entered by a court of the

United States or of a State against a foreign state, a political

subdivision thereof, or an agency or instrumentality of a foreign

state, unless the claimant establishes his claim or right to relief

by evidence satisfactory to the court. A copy of any such default

judgment shall be sent to the foreign state or political

subdivision in the manner prescribed for service in this section.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2894.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 1603, 1605, 1610 of

this title; title 22 section 6082.

-End-

-CITE-

28 USC Sec. 1609 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1609. Immunity from attachment and execution of property of a

foreign state

-STATUTE-

Subject to existing international agreements to which the United

States is a party at the time of enactment of this Act the property

in the United States of a foreign state shall be immune from

attachment arrest and execution except as provided in sections 1610

and 1611 of this chapter.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2895.)

-REFTEXT-

REFERENCES IN TEXT

The time of enactment of this Act, referred to in text, probably

means the time of enactment of Pub. L. 94-583, which was approved

Oct. 21, 1976.

-End-

-CITE-

28 USC Sec. 1610 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1610. Exceptions to the immunity from attachment or execution

-STATUTE-

(a) The property in the United States of a foreign state, as

defined in section 1603(a) 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 of the United States or of a State after the effective date

of this Act, if -

(1) the foreign state has waived its immunity from attachment

in aid of execution or from execution either explicitly or by

implication, notwithstanding any withdrawal of the waiver the

foreign state may purport to effect except in accordance with the

terms of the waiver, or

(2) the property is or was used for the commercial activity

upon which the claim is based, or

(3) the execution relates to a judgment establishing rights in

property which has been taken in violation of international law

or which has been exchanged for property taken in violation of

international law, or

(4) the execution relates to a judgment establishing rights in

property -

(A) which is acquired by succession or gift, or

(B) which is immovable and situated in the United States:

Provided, That such property is not used for purposes of

maintaining a diplomatic or consular mission or the residence

of the Chief of such mission, or

(5) the property consists of any contractual obligation or any

proceeds from such a contractual obligation to indemnify or hold

harmless the foreign state or its employees under a policy of

automobile or other liability or casualty insurance covering the

claim which merged into the judgment, or

(6) the judgment is based on an order confirming an arbitral

award rendered against the foreign state, provided that

attachment in aid of execution, or execution, would not be

inconsistent with any provision in the arbitral agreement, or

(7) the judgment relates to a claim for which the foreign state

is not immune under section 1605(a)(7), regardless of whether the

property is or was involved with the act upon which the claim is

based.

(b) In addition to subsection (a), any property in the United

States of an agency or instrumentality of a foreign state engaged

in 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 of the United States or of a State

after the effective date of this Act, if -

(1) the agency or instrumentality has waived its immunity from

attachment in aid of execution or from execution either

explicitly or implicitly, notwithstanding any withdrawal of the

waiver the agency or instrumentality may purport to effect except

in accordance with the terms of the waiver, or

(2) the judgment relates to a claim for which the agency or

instrumentality is not immune by virtue of section 1605(a)(2),

(3), (5), or (7), or 1605(b) of this chapter, regardless of

whether the property is or was involved in the act upon which the

claim is based.

(c) No attachment or execution referred to in subsections (a) and

(b) of this section shall be permitted until the court has ordered

such attachment and execution after having determined that a

reasonable period of time has elapsed following the entry of

judgment and the giving of any notice required under section

1608(e) of this chapter.

(d) The property of a foreign state, as defined in section

1603(a) of this chapter, used for a commercial activity in the

United States, shall not be immune from attachment prior to the

entry of judgment in any action brought in a court of the United

States or of a State, or prior to the elapse of the period of time

provided in subsection (c) of this section, if -

(1) the foreign state has explicitly waived its immunity from

attachment prior to judgment, notwithstanding any withdrawal of

the waiver the foreign state may purport to effect except in

accordance with the terms of the waiver, and

(2) the purpose of the attachment is to secure satisfaction of

a judgment that has been or may ultimately be entered against the

foreign state, and not to obtain jurisdiction.

(e) The vessels of a foreign state shall not be immune from

arrest in rem, interlocutory sale, and execution in actions brought

to foreclose a preferred mortgage as provided in section 1605(d).

(f)(1)(A) Notwithstanding any other provision of law, including

but not limited to section 208(f) of the Foreign Missions Act (22

U.S.C. 4308(f)), and except as provided in subparagraph (B), any

property with respect to which financial transactions are

prohibited or regulated pursuant to section 5(b) of the Trading

with the Enemy Act (50 U.S.C. App. 5(b)), section 620(a) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), sections 202

and 203 of the International Emergency Economic Powers Act (50

U.S.C. 1701-1702), or any other proclamation, order, regulation, or

license issued pursuant thereto, shall be subject to execution or

attachment in aid of execution of any judgment relating to a claim

for which a foreign state (including any agency or instrumentality

or such state) claiming such property is not immune under section

1605(a)(7).

(B) Subparagraph (A) shall not apply if, at the time the property

is expropriated or seized by the foreign state, the property has

been held in title by a natural person or, if held in trust, has

been held for the benefit of a natural person or persons.

(2)(A) At the request of any party in whose favor a judgment has

been issued with respect to a claim for which the foreign state is

not immune under section 1605(a)(7), the Secretary of the Treasury

and the Secretary of State should make every effort to fully,

promptly, and effectively assist any judgment creditor or any court

that has issued any such judgment in identifying, locating, and

executing against the property of that foreign state or any agency

or instrumentality of such state.

(B) In providing such assistance, the Secretaries -

(i) may provide such information to the court under seal; and

(ii) should make every effort to provide the information in a

manner sufficient to allow the court to direct the United States

Marshall's office to promptly and effectively execute against

that property.

(3) Waiver. - The President may waive any provision of paragraph

(1) in the interest of national security.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2896;

amended Pub. L. 100-640, Sec. 2, Nov. 9, 1988, 102 Stat. 3333; Pub.

L. 100-669, Sec. 3, Nov. 16, 1988, 102 Stat. 3969; Pub. L. 101-650,

title III, Sec. 325(b)(9), Dec. 1, 1990, 104 Stat. 5121; Pub. L.

104-132, title II, Sec. 221(b), Apr. 24, 1996, 110 Stat. 1242; Pub.

L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(a)], Oct. 21,

1998, 112 Stat. 2681-480, 2681-491; Pub. L. 106-386, div. C, Sec.

2002(g)(1), formerly Sec. 2002(f)(1), Oct. 28, 2000, 114 Stat.

1543, renumbered Sec. 2002(g)(1), Pub. L. 107-297, title II, Sec.

201(c)(3), Nov. 26, 2002, 116 Stat. 2337.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this Act, referred to in subsecs. (a) and

(b), is 90 days after Oct. 21, 1976, see section 8 of Pub. L.

94-583, set out as an Effective Date note under section 1602 of

this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (f)(2)(A), (B)(ii). Pub. L. 106-386, Sec.

2002(g)(1)(A), formerly Sec. 2002(f)(1)(A), as renumbered by Pub.

L. 107-297, substituted "should make every effort to" for "shall".

Subsec. (f)(3). Pub. L. 106-386, Sec. 2002(g)(1)(B), formerly

Sec. 2002(f)(1)(B), as renumbered by Pub. L. 107-297, added par.

(3).

1998 - Subsec. (f). Pub. L. 105-277 added subsec. (f).

1996 - Subsec. (a)(7). Pub. L. 104-132, Sec. 221(b)(1), added

par. (7).

Subsec. (b)(2). Pub. L. 104-132, Sec. 221(b)(2), substituted

"(5), or (7)," for "or (5)," and "involved in the act" for "used

for the activity".

1990 - Subsecs. (a)(6), (e). Pub. L. 101-650 substituted "state"

for "State" after "foreign".

1988 - Subsec. (a)(6). Pub. L. 100-669 added par. (6).

Subsec. (e). Pub. L. 100-640 added subsec. (e).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(c)], Oct.

21, 1998, 112 Stat. 2681-480, 2681-491, provided that: "The

amendments made by subsections (a) and (b) [amending this section

and section 1606 of this title] shall apply to any claim for which

a foreign state is not immune under section 1605(a)(7) of title 28,

United States Code, arising before, on, or after the date of

enactment of this Act [Oct. 21, 1998]."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-132 applicable to any cause of action

arising before, on, or after Apr. 24, 1996, see section 221(c) of

Pub. L. 104-132, set out as a note under section 1605 of this

title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-640 applicable to actions commenced on

or after Nov. 9, 1988, see section 3 of Pub. L. 100-640, set out as

a note under section 1605 of this title.

SATISFACTION OF JUDGMENTS FROM BLOCKED ASSETS OF TERRORISTS,

TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM

Pub. L. 107-297, title II, Sec. 201(a), (b), (d), Nov. 26, 2002,

116 Stat. 2337, 2339, provided that:

"(a) In General. - Notwithstanding any other provision of law,

and except as provided in subsection (b), in every case in which a

person has obtained a judgment against a terrorist party on a claim

based upon an act of terrorism, or for which a terrorist party is

not immune under section 1605(a)(7) of title 28, United States

Code, the blocked assets of that terrorist party (including the

blocked assets of any agency or instrumentality of that terrorist

party) shall be subject to execution or attachment in aid of

execution in order to satisfy such judgment to the extent of any

compensatory damages for which such terrorist party has been

adjudged liable.

"(b) Presidential Waiver. -

"(1) In general. - Subject to paragraph (2), upon determining

on an asset-by-asset basis that a waiver is necessary in the

national security interest, the President may waive the

requirements of subsection (a) in connection with (and prior to

the enforcement of) any judicial order directing attachment in

aid of execution or execution against any property subject to the

Vienna Convention on Diplomatic Relations or the Vienna

Convention on Consular Relations.

"(2) Exception. - A waiver under this subsection shall not

apply to -

"(A) property subject to the Vienna Convention on Diplomatic

Relations or the Vienna Convention on Consular Relations that

has been used by the United States for any nondiplomatic

purpose (including use as rental property), or the proceeds of

such use; or

"(B) the proceeds of any sale or transfer for value to a

third party of any asset subject to the Vienna Convention on

Diplomatic Relations or the Vienna Convention on Consular

Relations.

"(d) Definitions. - In this section, the following definitions

shall apply:

"(1) Act of terrorism. - The term 'act of terrorism' means -

"(A) any act or event certified under section 102(1) [Pub. L.

107-297, set out in a note under section 6701 of Title 15,

Commerce and Trade]; or

"(B) to the extent not covered by subparagraph (A), any

terrorist activity (as defined in section 212(a)(3)(B)(iii) of

the Immigration and Nationality Act (8 U.S.C.

1182(a)(3)(B)(iii))).

"(2) Blocked asset. - The term 'blocked asset' means -

"(A) any asset seized or frozen by the United States under

section 5(b) of the Trading With the Enemy Act (50 U.S.C. App.

5(b)) or under sections 202 and 203 of the International

Emergency Economic Powers Act (50 U.S.C. 1701; 1702); and

"(B) does not include property that -

"(i) is subject to a license issued by the United States

Government for final payment, transfer, or disposition by or

to a person subject to the jurisdiction of the United States

in connection with a transaction for which the issuance of

such license has been specifically required by statute other

than the International Emergency Economic Powers Act (50

U.S.C. 1701 et seq.) or the United Nations Participation Act

of 1945 (22 U.S.C. 287 et seq.); or

"(ii) in the case of property subject to the Vienna

Convention on Diplomatic Relations or the Vienna Convention

on Consular Relations, or that enjoys equivalent privileges

and immunities under the law of the United States, is being

used exclusively for diplomatic or consular purposes.

"(3) Certain property. - The term 'property subject to the

Vienna Convention on Diplomatic Relations or the Vienna

Convention on Consular Relations' and the term 'asset subject to

the Vienna Convention on Diplomatic Relations or the Vienna

Convention on Consular Relations' mean any property or asset,

respectively, the attachment in aid of execution or execution of

which would result in a violation of an obligation of the United

States under the Vienna Convention on Diplomatic Relations or the

Vienna Convention on Consular Relations, as the case may be.

"(4) Terrorist party. - The term 'terrorist party' means a

terrorist, a terrorist organization (as defined in section

212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C.

1182(a)(3)(B)(vi))), or a foreign state designated as a state

sponsor of terrorism under section 6(j) of the Export

Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section

620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)."

WAIVER OF EXCEPTION TO IMMUNITY FROM ATTACHMENT OR EXECUTION

Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(d)], Oct.

21, 1998, 112 Stat. 2681-480, 2681-492, which authorized the

President to waive the requirements of section 101(h) [title I,

Sec. 117] of Pub. L. 105-277, which amended this section and

section 1606 of this title and enacted provisions set out as a note

above, in the interest of national security, was repealed by Pub.

L. 106-386, div. C, Sec. 2002(g)(2), formerly Sec. 2002(f)(2), Oct.

28, 2000, 114 Stat. 1543, renumbered Sec. 2002(g)(2), Pub. L.

107-297, title II, Sec. 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.

Determination of President of the United States, No. 99-1, Oct.

21, 1998, 64 F.R. 59201, which provided for waiver of requirements

of section 101(h) [title I, Sec. 117(b)] of div. A of Pub. L.

105-277, relating to blocked property of terrorist-list states, was

superseded by Determination of President of the United States, No.

2001-3, Oct. 28, 2000, 65 F.R. 66483, set out below.

-EXEC-

DETERMINATION TO WAIVE ATTACHMENT PROVISIONS RELATING TO BLOCKED

PROPERTY OF TERRORIST-LIST STATES

Determination of President of the United States, No. 2001-3, Oct.

28, 2000, 65 F.R. 66483, provided:

Memorandum for the Secretary of State [and] the Secretary of the

Treasury

By the authority vested in me as President by the Constitution

and laws of the United States of America, including section 2002(f)

[now 2002(g)] of H.R. 3244, "Victims of Trafficking and Violence

Protection Act of 2000," (approved October 28, 2000) [section

2002(g) of Pub. L. 106-386, amending this section and section 1606

of this title and repealing provisions set out as a note above], I

hereby determine that subsection (f)(1) of section 1610 of title

28, United States Code, which provides that any property with

respect to which financial transactions are prohibited or regulated

pursuant to section 5(b) of the Trading with the Enemy Act (50

U.S.[C.] App. 5(b)[)], section 620(a) of the Foreign Assistance Act

of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1701-1702),

and proclamations, orders, regulations, and licenses issued

pursuant thereto, be subject to execution or attachment in aid of

execution of any judgment relating to a claim for which a foreign

state claiming such property is not immune from the jurisdiction of

courts of the United States or of the States under section

1605(a)(7) of title 28, United States Code, would impede the

ability of the President to conduct foreign policy in the interest

of national security and would, in particular, impede the

effectiveness of such prohibitions and regulations upon financial

transactions. Therefore, pursuant to section 2002(f) [now 2002(g)]

of H.R. 3244, the "Victim's of Trafficking and Violence Protection

Act of 2000," I hereby waive subsection (f)(1) of section 1610 of

title 28, United States Code, in the interest of national security.

This waiver, together with the amendment of subsection (f)(2) of

the Foreign Sovereign Immunities Act [probably means subsec. (f)(2)

of this section] and the repeal of the subsection (b) of section

117 of the Treasury and General Government Appropriations Act, 1999

[section 101(h) [title I, Sec. 117(b)] of div. A of Pub. L.

105-277, amending section 1606 of this title], supersedes my prior

waiver of the requirements of subsections (a) and (b) of said

section 117 [amending this section and section 1606 of this title],

executed on October 21, 1998 [former Determination of President of

the United States, No. 99-1, Oct. 21, 1998, 64 F.R. 59201].

The Secretary of State is authorized and directed to publish this

determination in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1609, 1611 of this title.

-End-

-CITE-

28 USC Sec. 1611 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

-HEAD-

Sec. 1611. Certain types of property immune from execution

-STATUTE-

(a) Notwithstanding the provisions of section 1610 of this

chapter, the property of those organizations designated by the

President as being entitled to enjoy the privileges, exemptions,

and immunities provided by the International Organizations

Immunities Act shall not be subject to attachment or any other

judicial process impeding the disbursement of funds to, or on the

order of, a foreign state as the result of an action brought in the

courts of the United States or of the States.

(b) Notwithstanding the provisions of section 1610 of this

chapter, the property of a foreign state shall be immune from

attachment and from execution, if -

(1) the property is that of a foreign central bank or monetary

authority held for its own account, unless such bank or

authority, or its parent foreign government, has explicitly

waived its immunity from attachment in aid of execution, or from

execution, notwithstanding any withdrawal of the waiver which the

bank, authority or government may purport to effect except in

accordance with the terms of the waiver; or

(2) the property is, or is intended to be, used in connection

with a military activity and

(A) is of a military character, or

(B) is under the control of a military authority or defense

agency.

(c) Notwithstanding the provisions of section 1610 of this

chapter, the property of a foreign state shall be immune from

attachment and from execution in an action brought under section

302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act

of 1996 to the extent that the property is a facility or

installation used by an accredited diplomatic mission for official

purposes.

-SOURCE-

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2897;

amended Pub. L. 104-114, title III, Sec. 302(e), Mar. 12, 1996, 110

Stat. 818.)

-REFTEXT-

REFERENCES IN TEXT

The International Organizations Immunities Act, referred to in

subsec. (a), is title I of act Dec. 29, 1945, ch. 652, 59 Stat.

669, as amended, which is classified principally to subchapter

XVIII (Sec. 288 et seq.) of chapter 7 of Title 22, Foreign

Relations and Intercourse. For complete classification of this Act

to the Code, see Short Title note set out under section 288 of

Title 22 and Tables.

Section 302 of the Cuban Liberty and Democratic Solidarity

(LIBERTAD) Act of 1996, referred to in subsec. (c), is section 302

of Pub. L. 104-114, which amended this section and enacted section

6082 of Title 22, Foreign Relations and Intercourse.

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-114 added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-114 effective Aug. 1, 1996, or date

determined pursuant to suspension authority of President under

section 6085(b) or (c) of Title 22, Foreign Relations and

Intercourse, see section 6085 of Title 22.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1609 of this title.

-End-