Annexes

APPENDIX 1
Treaty of Amity, Economic Relations, and Consular Rights
between
Iran and the United States of America
15 August 1955
http://www.icj-cij.org/docket/files/90/7211.pdf
Attachment
[The following texts are taken from the United Nations,
Trea'ty Series, Vol. 284, pp. 93-137. [Note by the Registry]]
No. 4132
UNITED STATES OF AMERICA AND IRAN
TREATY OF AMITY, ECONOMIC RELATIONS,
AND CONSULAR RIGHTS.
SIGNED AT TEHRAN, ON 15 AUGUST 1955
Official texts: English and Persian*.
[~ot reproduced on website}
Registered by the United States of America on 20 December 1957.
No. 4132. TREATY OF AMITY, ECONOMIC RELATIONS, AND CONSULAR
RIGHTS
BETWEEN THE UNITED STATES OF AMERICA
AND IRAN. SIGNED AT TEHRAN, ON 15 AUGUST 1955
[Came into force on 16 June 1957, one month after the day of exchange of the instruments of
ratification at Tehran on 16 May 1957, in accordance with article XXIll.]
The United States of America and Iran, desirous of emphasizing the friendly relations which
have long prevailed between their peoples, of reaffirming the high principles in the regulation
of human affairs to which they are committed, of encouraging mutually beneficial trade and
investments and closer economic intercourse generally between their peoples, and of
regulating consular relations, have resolved to conclude, on the basis of reciprocal equality of
treatment, a Treaty of Amity, Economic Relations, and Consular Rights, and have appointed
as their Plenipotentiaries:
The President of the United States of America:
Mr. Selden Chapin, Ambassador Extraordinary and Plenipotentiary of
the United States of America at Tehran; and
His Imperial Majesty, the Shah oflran:
His Excellency Mr. Mostafa Samiy, Under Secretary of the Ministry of
Foreign Affairs;
Who, having communicated to each other their full powers found to be in due form, have
agreed upon the following articles:
Article I
There shall be firm and enduring peace and sincere friendship between the United States of
America and Iran.
Article II
1. Nationals of either High Contracting Party shall be permitted, upon terms no less favorable
than those accorded to nationals of any third country, to enter and remain in the territories of
the other High Contracting Party for the purpose of carrying on trade between their own
country and the territories of such other High Contracting Party and engaging in related
commercial activities, and for the purpose of developing and directing the operations of an
enterprise in which they have invested, or in which they are actively in the process of
investing, a substantial amount of capital.
2. Nationals of either High Contracting Party within the territories of the other High
Contracting Party shall, either individually or through associations, and so long as their
activities are not contrary to public order, safety or morals: ( a) be permitted to travel therein
freely and reside at places of their choice; (b) enjoy freedom of conscience and the right to
hold religious services; (c) be permitted to engage in philanthropic, educational and scientific
activities; and (d) have the right to gather and transmit information for dissemination to the
public abroad, and otherwise to communicate with other persons inside and outside such
territories. They shall also be permitted to engage in the practice of professions for which they
have qualified under the applicable legal provisions governing admission to professions.
3. The provisions of paragraphs 1 and 2 of the present Article shall be subject to the right of
either High Contracting Party to apply measures which are necessary to maintain public order,
and to protect public health, morals and safety, including the right to expel, to exclude or to
limit the movement of aliens on the said grounds.
4. Nationals of either High Contracting Party shall receive the most constant protection and
security within the territories of the other High Contracting Party. When any such national is
in custody, he shall in every respect receive reasonable and humane treatment; and, on his
demand, the diplomatic or consular representative of his country shall without unnecessary
delay be notified and accorded full opportunity to safeguard his interests He shall be promptly
informed of the accusations against him, allowed all facilities reasonably necessary to his
defense and given a prompt and impartial disposition of his case.
Article III
1. Companies constituted under the applicable laws and regulations of either High Contracting
Party shall have their juridical status recognized within the territories of the other High
Contracting Party. It is understood, however, that recognition of juridical status does not of
itself confer rights upon companies to engage in the activities for which they are organized.
As used in the present Treaty," companies" means corporations, partnerships, companies and
other associations, whether or not with limited liability and whether or not for pecuniary
profit.
2. Nationals and companies of either High Contracting Party shall have freedom of access to
the courts of justice and administrative agencies within the territories of the other High
Contracting Party, in all degrees of jurisdiction, both in defense and pursuit of their rights, to
the end that prompt and impartial justice be done. Such access shall be allowed, in any event,
upon terms no less favorable than those applicable to nationals and companies of such other
High Contracting Party or of any third country. It is understood that companies not engaged in
activities within the country shall enjoy the right of such access without any requirement of
registrar on or domestication.
3. The private settlement of disputes of a civil nature, involving nationals and companies of
either High Contracting Party, shall not be discouraged within the territories of the other High
Contracting Party; and, in cases of such settlement by arbitration, neither the alienage of the
arbitrators nor the foreign situs of the arbitration proceedings shall of themselves be a bar to
the enforceability of awards duly resulting therefrom.
ArticleW
1. Each High Contracting Party shall at all times accord fair and equitable treatment to
nationals and companies of the other High Contracting Party, and to their property and
enterprises; shall refrain from applying unreasonable or discriminatory measures that would
impair their legally acquired rights and interests; and shall assure that their lawful contractual
rights are afforded effective means of enforcement, in conformity with the applicable laws.
2. Property of nationals and companies of either High Contracting Party, including interests in
property, shall receive the most constant protection and security within territories of the other
High Contracting Party, in no case less than that required by international lain Such property
shall not be taken except for a public purpose, nor shall it be taken without the prompt
payment of just compensation. Such compensation shall be in an effectively realizable form
and shall represent the full equivalent of the property taken; and adequate provision shall have
been made at or prior to the time of taking for the determination and payment thereof
3. The dwellings, ounces, warehouses, factories and other premises of nationals and
companies of either High Contracting Party located within the territories of the other High
Contracting Party shall not be subject to entry or molestation without just cause. Official
searches and examinations of such premises and their contents, shall be made only according
to law and with careful regard for the convenience of the occupants and the conduct of
business.
4. Enterprises which nationals and companies of either High Contracting Party are permitted
to establish or acquire, within the territories of the other High Contracting Party, shall be
permitted freely to conduct their activities therein, upon terms no less favorable than other
enterprises of whatever nationality engaged in similar activities. Such nationals and
companies shall enjoy the right to continued control and management of such enterprises; to
engage attorneys, agents, accountants and other technical experts, executive personnel,
interpreters and other specialized employees of their choice; and to do all other things
necessary or incidental to the effective conduct of their affairs.
Article V
1. Nationals and companies of either High Contracting Party snail be permitted, within the
territories of the other High Contracting Party: ( a) to lease, for suitable periods of time, real
property needed for their residence or for the conduct of activities pursuant to the present
Treaty; (b) to purchase or otherwise acquire personal property of all kinds; and (c) to dispose
of property of all kinds by sale, testament or otherwise. The treatment accorded in these
respects shall in no event be less favorable than that accorded nationals and companies of any
third country.
2. Upon compliance with the applicable laws and regulations respecting registration and other
formalities, nationals and companies of either High Contracting Party shall be accorded
within the territories of the other High Contracting Party effective protection in the exclusive
use of inventions, trade marks and trade names.
Article VI
1. Nationals and companies of either High Contracting Party shall not be subject to the
payment of taxes, fees or charges within the territories of the other High Contracting Party, or
to requirements with respect to the levy and collection thereof, more burdensome than those
borne by nationals, residents and companies of any third country. In the case of nationals of
either High Contracting Party residing within the territories of the other High Contracting
Party, and of nationals and companies of either High Contracting Party engaged in trade or
other gainful pursuit or in non-profit activities therein, such payments and requirements shall
not be more burdensome than those borne by nationals and companies of such other High
Contracting Party.
2. Each High Contracting Party, however, reserves the right to: (a) extend specific tax
advantages only on the basis of reciprocity, or pursuant to agreements for the avoidance of
double taxation or the mutual protection of revenue; and (b) apply special requirements as to
the exemptions of a personal nature allowed to non-residents in connection with income and
inheritance taxes.
3. Companies of either High Contracting Party shall not be subject, within the territories of
the other High Contracting Party, to taxes upon any income, transactions or capital not
attributable to the operations and investment thereof within such territories.
Article VII
1. Neither High Contracting Party shall apply restrictions on the making of payments,
remittances, and other transfers of funds to or from the territories of the other High
Contracting Party, except (a) to the extent necessary to assure the availability of foreign
exchange for payments for goods and services essential to the health and welfare of its people,
or (b) in the case of a member of the International Monetary Fund, restrictions specifically
approved by the Fund.
2. If either High Contracting Party applies exchange restrictions, it shall promptly make
reasonable provision for the withdrawal, in foreign exchange in the currency of the other High
Contracting Party, of: (a) the compensation referred to in Article lV, paragraph 2, of the
present Treaty, (b) earnings, whether in the form of salaries, interest, dividends, commissions,
royalties, payments for technical services, or otherwise, and (c) amounts for amortization of
loans, depreciation of direct investments and capital transfers, giving consideration to special
needs for other transactions. If more than one rate of exchange is in force, the rate applicable
to such withdrawals shall be a rate which is specifically approved by the International
Monetary Fund for such transactions or, in the absence of a rate so approved, an effective rate
which, inclusive of any taxes or surcharges on exchange transfers, is just and reasonable.
3. Either High Contracting Party applying exchange restrictions shall in general administer
them in a manner not to influence disadvantageously the competitive position of the
commerce, transport or investment of capital of the other High Contracting Party in
comparison with the commerce, transport or investment of capital of any third country; and
shall afford such other High Contracting Party adequate opportunity for consultation at any
time regarding the application of the present Article.
Article VIII
1. Each High Contracting Party shall accord to products of the other High Contracting Party,
from whatever place and by whatever type of carrier arriving, and to products destined for
exportation to the territories of such other High Contracting Party, by whatever route and by
whatever type of carrier, treatment no less favorable than that accorded like products of or
destined for exportation to any third country, in all matters relating to: (a) duties, other
charges, regulations and formalities, on or in connection with importation and exportation;
and (b) internal taxation, sale, distribution, storage and use. The same rule shall apply with
respect to the international transfer of payments for imports and exports.
2 Neither High Contracting Party shall impose restrictions or prohibitions on the importation
of any product of the other High Contracting Party or on the exportation of any product to the
territories of the other High Contracting Party, unless the importation of the like product of, or
the exportation of the like product to, all third countries is similarly restricted or prohibited.
3. If either High Contracting Party imposes quantitative restrictions on the importation or
exportation of any product in which the other High Contracting Party has an important
interest:
( a) It shall as a general rule give prior public notice of the total amount of the
product, by quantity or value, that may be imported or exported during a
specified period, and of any change in such amount or period; and
(b) If it makes allotments to any third country, it shall afford such other High
Contracting Party a share proportionate to the amount of the product, by
quantity or value, supplied by or to it during a previous representative period?
due consideration being given to any special factors affecting the trade in such
product.
4. Either High Contracting Party may impose prohibitions or restrictions on sanitary or other
customary grounds of a non-commercial nature, or in the interest of preventing deceptive or
unfair practices, provided such prohibitions or restrictions do not arbitrarily discriminate
against the commerce of the other High Contracting Party.
5. Either High Contracting Party may adopt measures necessary to assure the utilization of
accumulated inconvertible currencies or to deal with a stringency of foreign exchange.
However, such measures shall deviate no more than necessary from a policy designed to
promote the maximum development of non-discriminatory multilateral tirade and to expedite
the attainment of a balance-of-payments position which will obviate the necessity of such
measures.
6. Each High Contracting Party reserves the right to accord special advantages: (a) to products
of its national fisheries, (b) to adjacent countries in order to facilitate frontier tragic, or (c) by
virtue of a customs union or free trade area of which either High Contracting Party, after
consultation with the other High Contracting Party, may become a member. Each High
Contracting Party, moreover, reserves rights and obligations it may have under the General
Agreement on Tariffs and Trade [See United Nations, Treaty Series, Vol. 284, p. 76, footnote
2. ], and special advantages it may accord pursuant thereto.
Article IX
1. In the administration of its customs regulations and procedures, each High Contracting
Party shall: (a) promptly publish all requirements of general application affecting importation
and exportation; (b) apply such requirements in a uniform, impartial and reasonable manner;
(c) refrain, as a general practice, from enforcing new or more burdensome requirements until
after public notice thereof; (d) provide an appeals procedure by which prompt and impartial
review of administrative action in customs matters can be obtained; and (e) not impose greater
than nominal penalties for infractions resulting front clerical errors or from mistakes made in
good faith.
2. Nationals and companies of either High Contracting Party shall be accorded treatment no
less favorable than that accorded nationals and companies of the other High Contracting
Party, or of any third country, with respect to all matters relating to importation and
exportation.
3. Neither High Contracting Party shall impose any measure of a discriminatory nature that
hinders or prevents the importer or exporter of products of either country from obtaining
marine insurance on such products in companies of either High Contracting Party.
ArticleX
1. Between the territories of the two High Contracting Parties there shall be freedom of
commerce and navigation.
2. Vessels under the flag of either High Contracting Party, and carrying the papers required by
its law in proof of nationality, shall be deemed to he vessels of that High Contracting Party
both on the high seas and within the ports, places and waters of the other High Contracting
Party.
3. Vessels of either High Contracting Party shall have liberty, on equal terms with vessels of
the other High Contracting Party and on equal terms with vessels of any third country, to
come with their cargoes to all ports, places and waters of such other High Contracting Party
open to foreign commerce and navigation. Such vessels and cargoes shall in all respects be
accorded national treatment and most-favored-nation treatment within the ports, places and
Raters of such other High Contracting Party; but each High Contracting Party may reserve
exclusive rights and privileges to its own vessels with respect to the coasting trade, inland
navigation and national fisheries.
4. Vessels of either High Contracting Party shall be accorded national treatment and mostfavored-
nation treatment by the other High Contracting Party with respect to the right to carry
all products that may be carried by vessel to or from the territories of such other High
Contracting Party; and such products shall be accorded treatment no less favorable than that
accorded like products carried in vessels of such other High Contracting Party, with respect
to: (a) duties and charges of all kinds, (b) the administration of the customs, and (c) bounties,
drawbacks and other privileges of this nature.
5. Vessels of either High Contracting Party that are in distress shall be permitted to take
refuge in the nearest port or haven of the other High Contracting Party, and shall receive
friendly treatment and assistance.
6. The term "vessels", as used herein, means all types of vessels, whether privately owned or
operated, or publicly owned or operated; but this term does not, except with reference to
paragraphs 2 and 5 of the present Article, include fishing vessels or vessels of war.
Article XI
1. Each High Contracting Party undertakes (a) that enterprises owned or controlled by its
Government, and that monopolies or agencies granted exclusive or special privileges within
its territories, shall make their purchases and sales involving either imports or exports
affecting the commerce of the other High Contracting Party solely in accordance with
commercial considerations, including price, quality, availability, marketability, transportation
and other conditions of purchase or sale; and (b) that the nationals, companies and commerce
of such other High Contracting Party shall be afforded adequate opportunity, in accordance
with customary business practice, to compete for participation in such purchases and sales.
2. Each High Contracting Party shall accord to the nationals, companies and commerce of the
other High Contracting Party fair and equitable treatment, as compared with that accorded to
the nationals, companies and commerce of any third country, with respect to: (a) the
governmental purchase of supplies, (b) the awarding of government contracts, and (c) the sale
of any service sold by the Government or by any monopoly or agency granted exclusive or
special privileges.
3. The High Contracting Parties recognize that conditions of competitive equality should be
maintained in situations in which publicly owned or controlled trading or manufacturing
enterprises of either High Contracting Party engage in competition, within the territories
thereof, with privately owned and controlled enterprises of nationals and companies of the
other High Contracting Party. Accordingly, such private enterprises shall, in such situations,
be entitled to the benefit of any special advantages of an economic nature accorded such
public enterprises, whether in the nature of subsidies, tax exemptions or otherwise. The
foregoing rule shall not apply, however, to special advantages given in connection with: (a)
manufacturing goods for government use, or supplying goods and services to the Government
for government use; or (b) supplying at prices substantially below competitive prices, the
needs of particular population groups for essential goods and services not otherwise
practically obtainable by such groups.
4. No enterprise of either High Contracting Party, including corporations, associations, and
government agencies and instrumentalities, which is publicly owned or controlled shall, if it
engages in commercial, industrial, shipping or other business activities within the territories
of the other High Contracting Party, claim or enjoy, either for itself or for its property,
immunity therein from taxation, suit, execution of judgment or other liability to which
privately owned and controlled enterprises are subject therein.
Article XII
Each High Contracting Party shall have the right to send to the other High Contracting Party
consular representatives, who, having presented their credentials and having been recognized
in a consular capacity, shall be provided, free of charge, with exequaturs or other
authorization.
Article XIII
1. Consular representatives of each High Contracting Party shall be permitted to reside in the
territory of the other High Contracting Party at the places where consular officers of any third
country are permitted to reside and at other places by consent of the other High Contracting
Party. Consular Officers and employees shall enjoy the privileges and immunities accorded to
officers and employees of their rank or status by general international usage and shall be
permitted to exercise all functions which are in accordance with such usage; in any event they
shall be treated, subject to reciprocity, in a manner no less favorable than similar officers and
employees of any third country.
2. The consular offices shall not be entered by the police or other local authorities without the
consent of the consular officer, except that in the case of fire or other disaster, or if the local
authorities have probable cause to believe that a crime of violence has been or is about to be
committed in the consular office, consent to entry shall be presumed. In no case shall they
examine or seize the papers there deposited.
Article XIV
1. All furniture, equipment and supplies consigned to or withdrawn from customs custody for
a consular or diplomatic office of either High Contracting Party for official use shall be
exempt within the territories of the other High Contracting Party from all customs duties and
internal revenue or other taxes imposed upon or by reason of importation.
2. The baggage, effects and other articles imported exclusively for the personal use of
consular officers and diplomatic and consular employees and members of their families
residing with them, who are nationals of the sending state and are not engaged in any private
occupation for gain in the territories of the receiving state, shall be exempt from all customs
duties and internal revenue or other taxes imposed upon or by reason of importation. Such
exemptions shall be granted with respect to the property accompanying the person entitled
thereto on first arrival and on subsequent arrivals, and to that consigned to such officers and
employees during the period in which they continue in status.
3. It is understood, however, that; ( a) paragraph 2 of the present Article shall apply as to
consular officers and diplomatic and consular employees only when their names have been
communicated to the appropriate authorities of the receiving state and they have been duly
recognized in their official capacity; (b) in the case of consignments, either High Contracting
Party may, as a condition to the granting of exemption, require that a notification of any such
consignment be given, in a prescribed manner; and (c) nothing herein authorizes importations
specifically prohibited by law,
Article XV
1. The Government of either High Contracting Party may, in the territory of the other, acquire,
own, lease for any period of time, or otherwise hold and occupy, such lands, buildings, and
appurtenances as may be necessary and appropriate for governmental, other than military,
purposes. If under the local law the permission of the local authorities must be obtained as a
prerequisite to any such acquiring or holding, such permission shall be given on request.
2. Lands and buildings situated in the territories of either High Contracting Party, of which the
other High Contracting Party is the legal or equitable owner and which are used exclusively
for governmental purposes by that owner, shall be exempt from taxation of every kind,
national, state, provincial and municipal, other than assessments levied for services or local
public improvements by which the premises are benefited.
Article XVI
1. No tax or other similar charge of any kind, whether of a national, state, provincial, or
municipal nature, shall be levied or collected the territories of the receiving state in respect of
the official emoluments, salaries, wages or allowances received (a) by a consular officer of
the sending state as compensation for his consular services, or (b) by a consular employee
thereof as compensation for his services at a consulate. Likewise, consular officers and
employees, who are permanent employees of the sending state and are not engaged in private
occupation for gain within the territories of the receiving state, shall be exempt from all taxes
or other similar charges, the legal incidence of which would otherwise fall upon such officers
or employees.
2. The preceding paragraph shall not apply in respect of taxes and other similar charges upon:
(a) the ownership or occupation of immovable property situated within the territories of the
receiving state; (b) income derived from sources within such territories ( except the
compensation mentioned in the preceding paragraph); or (e) the passing of property at death.
3. The provisions of the present Article shall have like application to diplomatic offers and
employees, who shall in addition be accorded all exemptions allowed them under general
international usage
Article XVII
The exemptions provided for in Articles XIV and XVI shall not apply to nationals of the
sending state who are also nationals of the receiving state, or to any other person who is a
national of the receiving state, nor to persons having immigrant status who have been lawfully
admitted for permanent residence in the receiving state,
Article XVIII
Consular officers and employees are not subject to local jurisdiction for acts done in their
official character and within the scope of their authority No consular offer or employee shall
be required to present his official files before the courts or to make declaration with respect to
their contents.
Article XIX
A consular officer shall have the right within his district to: (a) interview, communicate with,
assist and advise any national of the sending state; (b) inquire into any incidents which have
occurred affecting the interests of any such national; and (e) assist any such national in
proceedings before or in relations with the authorities of the receiving state and, where
necessary, arrange for legal assistance to which he is entitled. A national of the sending state
shall have the right at all times to communicate with a consular officer of his country and,
unless subject to lawful detention, to visit him at the consular office.
Article XX
1. The present Treaty shall not preclude the application of measures:
(a) regulating the importation or exportation of gold or silver;
(b) relating to fissionable materials, the radio-active by-products thereof, or the
sources thereof;
(c) regulating the production of or traffic in arms, ammunition and implements
of war, or traffic in other materials carried on directly or indirectly for the
pmpose of supplying a military establishment; and
(d) necessary to fulfill the obligations of a High Contracting Party for the
maintenance or restoration of international peace and security, or necessary to
protect its essential security interests.
2. The present Treaty does not accord any rights to engage in political activities.
3. The stipulations of the present Treaty shall not extend to advantages accorded by the
United States of America or its Territories and possessions, irrespective of any future change
in their political status, to one another, to the Republic of Cuba, to the Republic of the
Philippines, to the Trust Territory of the Pacific Islands or to the Panama Canal Zone.
4 The provisions of Article II, Paragraph 1, shall be construed as extending to nationals of
either High Contracting Party seeking to enter the territories of the other High Contracting
Party solely for the purpose of developing and directing the operations of an enterprise in the
territories of such other High Contracting Party in which their employer has invested or is
actively in the process of investing a substantial amount of capital: provided that such
employer is a national or company of the same nationality as the applicant and that the
applicant is employed by such national or company in a responsible capacity.
Article XX/
1. Each High Contracting Party shall accord sympathetic consideration to, and shall afford
adequate opportunity for consultation regarding, such representations as the other High
Contracting Party may make with respect to any matter affecting the operation of the present
Treaty.
2 Any dispute between the High Contracting Parties as to the interpretation or application of
the present Treaty, not satisfactorily adjusted by diplomacy, shall be submitted to the
International Court of Justice, unless the High Contracting Parties agree to settlement by some
other pacific means.
Article XXII
1. The present Treaty shall replace the following agreements between the United States of
America and Iran:
(a) the provisional agreement relating to commercial and other relations,
concluded at Tehran May 14, 1928, [De Martens, Nouveau Rccueil general de
Traites, troisieme serie, tome XXX, p. 885.] and
(b) the provisional agreement relating to personal status and family law,
concluded at Tehran July 11, 1928. [De Martens, Nouveau Rccueil general de
Traites, troisieme serie, tome XXV, p. 58.]
2. Nothing in the present Treaty shall be construed to supersede any provision of the trade
agreement and the supplementary exchange of notes between the United States of America
and Iran, concluded at Washington April 8, 1943. [United Nations, Treaty Series, Vol. 106, p.
155.]
Article XXIII
1. The present Treaty shall be ratified, and the ratifications thereof shall be exchanged at
Tehran as soon as possible.
2. The present Treaty shall enter into force one month after the day of exchange of
ratifications. It shall remain in force for ten years and shall continue in force thereafter until
terminated as provided herein.
3. Either High Contracting Party may, by giving one year's written notice to the other High
Contracting Party, terminate the present Treaty at the end of the initial ten-year period or at
any time thereafter.
IN WITNESS WHEREOF the respective Plenipotentiaries have signed the present Treaty and
have affixed hereunto their seals.
DONE in duplicate, in the English and Persian languages, both equally authentic, at Tehran
this fifteenth day of August one thousand nine hundred fifty-five, corresponding with the
twenty-third day ofMordad one thousand three hundred and thirty four.
Selden Chapin
[seal]
Mostafa Samiy
[seal]
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Table 1: Claims Pending Against I. R. Iran & Iranian State Entities
As of 12 June 2016
Relief Sought
Parties Case No. Compensation Punitive Damages
Baxter v. Iran 1: 11-cv-02133 $738,000,000 $1,000,000,000
Bluth v. Iran 1: 12-cv-00250 $110,000,000 $300,000,000.00
Boulos v. Iran 1:01-cv-02684 $200,000,000 $125,000,000
Cohen v. Iran 1: 12-cv-O 1496 $590,000,000.00 $5,550,000,000.00
Freeman v. Bank Saderat 1: 14-cv-6601
PLC
Fritz v. Iran 1: 15-cv-00456 $80,000,000 Equal to 3 times of
compensation
Goldberg-Botvin v. Iran 1: 12-cv-O 1292 $54,000,000 $300,000,000.
Hoglan v. Iran l:11-cv-01634 $2 billion compensation
and punitive damages
Hekmati v. Iran 1: 16-cv-00875
Kaplan v. Iran 1: 1 O-cv-00483 $1,000,000,000 To be determined by Court
Kin yua v. Iran 1: 14-cv-02118 $375,000,000 Compensation includes
punitive damages
Lelchook l:15-cv-13715 To be determined by Court To be determined by Court
Mati Gill 1: 15-cv-02272 $10,000,000 $30,000,000
Maalouf 1: 16-cv-00280 $17,930,824.00 To be determined by Court
Ndeda Chogo v. Iran 1: 15-cv-00951 $1,000,000,000
Relvas v. Iran 1: 14-cv-01752 $1,720,000,000 $9,000,000,000
Ron Fraenkel v. Iran 1; 15-cv-01080
Saleh Ali Alshaar 1: 15-cv-23438 $5,000,000
Scharf 1: 14-cv-06702
Sheikh v. Iran 1: 14-cv-02090 $300,000,000 Compensation includes
punitive damages
Shmuel Braun 1: 15-cv-O 1136
Shoham v. Iran 1: 12-cv-00508 $150,000,000 $300,000,000
Strange 1: 14-cv-00435 $200,000,000
Soto 1: 15-cv-08410 To be determined by Court To be determined by Court
Steven Bova 1: 15-cv-O 107 4 $ 1,000,000,000 appx. Several billions
Thomas Burnett 1: 15-cv-09903 $1,000,000,000 Compensation includes
punitive damages
Timothy Karcher 1: 16-cv-00232 To be determined by Court To be determined by Court
Vaughn v. Iran 1: 13-cv-00974 $1,800,000,000 $200,000,000
Y onadav Hirshfeld 1: 15-cv-O 1082
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18
19
20
21
22
23
24
25
26
27
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Table 2: Judgments Issued Against I.R. Iran, Iranian State Entities & Iranian Officials
As of 12 June 2016
Compensation Punitive
Parties Case No. (US$) Damages (US$)
Acosta v. Iran 1 :06-cv-00745 $50,172,000 $300,000,000
Amduso v. Iran 1 :08-cv-O 1361 $877,939,215 $877,939,215
Anderson v. Iran 1 :99-cv-0698 $41,200,000 $300,000,000
Anderson v. Iran 1 :08-cv-00535 $7,500,000. $25,800,000.
Arnold v. Iran 1 :06-cv-516 $19,023,602.00 $20,000,000.00
Ashton v. Iran 1 :02-CV-06977 $1,718,000,000 5,841,880,000
Baiani v. Iran 1 :04-cv-O 1712 $66,331,500 $400,000,000
Bakhtiar v. Iran 1:10-7030 $12,000,000
Beer v. Iran 1 :08-cv-O 1807 $13,000,000. $300,000,000
Ben Haim v. Iran 1 :08-cv-00520 $300,000,000 $300,000,000
Bennet v. Iran 1 :03-cv-1486 $12,904,548
Ben-Rafael v. Iran 1 :06-cv-00721 $62,441 ,839
Blais v. Iran 1 :02-cv-285 $28,801,792
Bland v. Iran 1 :05-cv-02124 $227,805,908 $955,652,324
Boddofv. Iran 1 :02-cv-1991 $16,988,300 $300,000,000
Bonk v. Iran 1:08-cv-1237 $158,750,000 $170,000,000
Botvin v. Iran 1 :05-cv-220 $1,704,457
Brewer v. Iran 1 :08-cv-00534 $9,500,000
Brown v. Iran 1 :08-cv-531 $183,281,294 $630487651
Campuzano v. Iran 1 :OO-cv-2328 $112,463,608 $300,000,000
Carlson v. Iran 1 :00-cv-O 1309 $7,800,000 $300,000,000
Cicippio v. Iran 1 :96-cv-O 1805 $65,000,000
Cicippio Puelo 1 :01-cv-0496 $91,000,000
Cronin v. Iran 1 :99-cv-2890 $1,200,000 $300,000,000
Dammarell v. Iran 1:01-cv-2224 $316,919,657
Davis v. Iran 1 :07-cv-1302 $486,918,005 $1,674,997,973
Dodge v. Iran 1 :03-cv-00252 $5,670,000
Eisenfeld v. Iran 1 :98-1945 $27,161,002 $300,000,000
Elahi v. Iran 1 :99-cv-02802 $11,740,035 $300,000,000
Fain v. Iran 1 : 10-cv-00628 $15,268,703 $52,524,338
Federal Insurance v. Iran 1 :03-cv-06978 $3,040,998,426
Flatow v. Iran l:97-cv-396 $22,500,000 $225,000,000
Flanagan v. Iran 1: 10-cv-01643 $18,750,000 $56,250,000
Greenbaum v. Iran 1 :02-cv-02148 $19,879,023
Havlish v. Iran 1 :03-cv-09848 $1,362,277,884 $4,686,235,921
Hegna v. Iran 1 :OO-cv-00716 $42,000,000 $333,000,000
Heiser & Campbell v. 1:01-cv-2104, $291,089,966 $300,000,000
Iran 1 :00-cv-2329
Higgins v. Iran 1 :99-cv-00377 $55,431,937 $300,000,000
Holland v. Iran 1 :01-cv-O 1924 $25,241,486
Jacobson v. Iran 1 :02-cv-O 1365 $6,400,000
John Doe v. Iran 1 :08-cv-00540 $8,111,899,100 $299,999,998.08
Jenco v. Iran 1 :OO-cv-00549 $14,640,000 $300,000,000
Kapar v. Iran 1 :02-cv-00078 $13,500,000
Kerr v. Iran 1:01-cv-O 1994 $33,025,296
44 Khaliq v. Iran 1 : 10-cv-003 56 $49,761,544
45 Kilburn 1 :01-cv-O 1301 $11.030,000
46 Kirschenbaum v. Iran 1 :08-cv-01814 $13,750,000.4 $300,000,000
47 Lawrence Belkin 1 :06-cv-0711 $18,525,763,
48 Leah S. Meusa v. Iran 1 :00-cv-0296 $12,000,000 $120,000,000
49 Leibovitch v. Iran 1 :08-cv-1939 $17,500,000 + $35,000,000
$14,500,000
50 Levin v. Iran 1 :05-cv-02494 $28,807,719
51 Moradi v. Iran 1: 13-cv-00599 $10,168,000 $10,168,000
52 Murphy v. Iran I :06-cv-00596 $31,865,570 $61,302,571
53 Mwila v. Iran 1:08-cv-01377 $233,757,712.49 $185,994,928
54 Nikbin v. Iran 1 :04-cv-00008 $2,600,000
55 O'Brien v. Iran 1 :06-cv-00690 $10,050,000 $34,572,000
56 Oveissi v. Iran I: l 1-cv-00849 $7,500,000 $300,000,000
57 Owen & Aliganga v. Iran 1:01-cv-02244 $283,809,867 $338,491,262
58 Opati V. Iran 1 : 12-cv-0 1224 $1,581,716,936 $1,581,716,936
59 Onosongo v. Iran I :08-cv-0 1380 $99,553,289 $99,553,289
60 Peterson v. Iran 1:01-cv-2094 $2,656,944,877
61 Polhill v. Iran 1 :00-cv-01798 $31,500,000 $300,000,000
62 Prevatt v. Iran 1 :02-cv-0 177 5 $2,500,000$
63 R. Stethem v. Iran 1 :O0-cv-159 $21,200,000 $300,000,000
64 Rafii v. Iran 1:01-cv-00850 $5,000,000 $300,000,000
65 Reiger v. Iran 1 :0 I -cv--1302 $5,321,520
66 Rimkus v. Iran 1 :08-cv-0 1615 $5,000,000 $5,150,000
67 Roth v. Iran I: 11-cv-01377 $18,691,019 $112,500,000
68 Salazar v. Iran 1 :02-cv-00558 $18,297,000
69 Sisso v. Iran 1 :05-cv-00394 $5,000,000
70 Spencer v. Iran 1 :06-cv-00750 $12,565,922 $12,500,000
71 Spencer v. Iran 1:12-cv-00042 $102,161,376 $351,435,133
72 Steen v. Iran 1 :00-cv-03037 $42,750,000 $300,000,000
73 Stem v. Iran 1 :00-cv-02602 $13,000,000 $300,000,000
74 Surette v. Iran 1:01-cv-00570 $18,961,284 $300,000,000
75 Sutherland v. Iran I :99-cv-3279 $53,400,000 $300,000,000
76 Tarek A. Reed 1 :03-cv-02657 $4,535,000
77 Taylor v. Iran I : 1 0-cv-00844 $148,000,000 $509,120,000
78 Tracy v. Iran 1:01-cv-02517 $18,509,999
79 Turner v. Iran 1:0l-cv-01981 $27,310,000 $300,000,000
80 Valencia v. Iran 1 :08-cv-00533 $15,500,000 $15,965,000
81 Valore v. Iran 1 :03-cv-0 1959 $290,291,092 $798,000,000
82 Wachman v. Iran 1 :06-cv-00351 $25,040,289
83 Wagner v. Iran 1:00-cv-01799 $16,280,000 $300,000,000
84 W amai v. Iran 1 :08-cv-0 1349 $1,783,052,244 $1,783,052,244
85 Weinstein v. Iran 1:OO-cv-02601 $33,248,164 $150,000,000
86 Weir v. Iran 1 :0l-cv-01303 $11,450,000 $300,000,000
87 Welch v. Iran 1 :0 l -cv-00863 $32,698,304
88 Worley 1: 12-cv-02069 $58,580,424 $201,516,659
89 Wultz v. Iran 1 :08-cv-0 1460 $32,068,634 $300,000,000
TOTAL $25,936,220,131 $30,155,905,442
No.
Parties
1 Bennet v. Iran
-------------------------
Greenbaum v. Iran
-------------------------
Acosta v. Iran
-------------------------
Heiser v. Iran
-------------------------
Heiser v. Iran
2 Peterson v. Iran
-------------------------
Greenbaum v. Iran
-------------------------
Acosta v. Iran
-------------------------
Heiser v. Iran
-------------------------
Rubin v. Iran
-L-e-v--in-- v--. -I-r-a-n- ----------
-V-a--lo--r-e- -v-. -I-r-a-n- ---------
Bonk v. Iran
Silvia v. Iran
-B-r-o--w-n-- v--. -I-r-a-n- ---------
-B-l-a-n--d- -v-. -I-r-a-n- ----------
-B-e-e--r -v-.- -I-r-a-n- -----------
Table 3: Enforcement Proceedings
As of 12 June 2016
Main Case
Date of Amount of Judgment Court, Date,
Judgment Case Number
Compensation Punitive
Damages
30.8.2007 $12,904,548
------------------~------------------- -------------------
31.8.2006 $19,879,023
------------------~------------------- ------------------- N. California
28.8.2008 $50,172,000 $300,000,000 2.12.2011
3-ll-cv-5807
------------------~------------------- ------------------- 13-16100 22.12.2006 $291,089,966
------------------~------------------- -------------------
30.9.2009 $300,000,000
7.9.2007 $2,656,944,877
------------------ ------------------- ------------------- See No. I above See No. I above
------------------ See No. I above See No. I above See No. I above
------------------ ------------------- South New
See No. I above See No. I above See No. I above York
------------------ ------------------- ------------------- 8.6.2010
10.9.2003 $71,000,000 $37,500,000 1: 1O -cv-4518 --1-4-.-1-.-2-0-0--8- ------ ------------------- $28,807,719 13-2952 ------------------ ------------------- 31.3.2010 $290,291,092 _$798,000,000 -- 14-770 -3--1-.-3-.-2-0-1--0- ------ $158,750,000 -- _$170,000,000 --
-3--1-.-3-.-2-0-1--0- ------ ------------------ $1,440,922 ----- 3.7.2012 ------------------- $183,281,294 -- _$630487651 ____
-2--1-.-1-2-.-2-0-1--1- ----- $227,805,908 _$955,652,324 --
--1-9-.-5-.-2-0-1-1-- ------ $13,000,000 $300,000,000
Execution Case
Entity Against Assets Subject of Date of Court Decision on
Which Execution Execution
Execution
Sought
Bank Melli Iran $ 17.6 million 28.2.2013:
Visa Corp. debt to District Court judgment
Bank Melli Iran 22.2.2016:
Court of Appeals judgment,
Case is now pending in En
bane
Bank Markazi $1.895,600,513 9.7.2013:
Iran interests of Bank District Court judgment
Markazi Iran in 9.7.2014:
securities Court of Appeals judgment
20.4.2016:
Supreme Court judgment
6.6.2016:
District Court authorized
payment of the funds to
judgment creditors
3
4
5
6
7
Peterson et al v. Iran
Sec No. 2 above
Rubin v. Iran
Frym v. Iran
See No. 2 above
10.9.2003
10.9.2003
See No. 2 above See No. 2 above
$71,000,000 37,500,000
$6000,000
Rafii v. Iran 2.12.2002 $5,000,000 $300,000,000
Rozenman v. Iran 10.9.2003 $15,000,000 $37,500,0000
Mendelson v. Iran
Miller v. Iran
J. Rubin v. Iran
10.9.2003 $12,000,000
10.9.2003 $12,000,00
$37,500,0000
$37,-soo:oo-oo-- -
D. Rubin v. Iran 10.9.2003 $2,500,000 $37,500,0000
Weinstein v. Iran 6.2.2002 $33,248,164 $150,000,000
Heiser v. Iran Sec No. I above See No. I above See No. I above
Heiser v. Iran See No. I above See No. I above See No. I above
2
South New
York
30.12.2013
I :13-cv-9195
15-0690
District of
Illinois
29.12.2003
I :03-cv-9370
14-1935
Di strict of South
California
16.5.2012
3 :98-cv-0 1165
13-57182
District of New
York
12.7.2012
2: 12-cv-03445
09-3034
District of
Columbia
21.5.2010
1 :00-cv-02329
Bank Markazi
Iran
Iranian Cultural
Heritage
Organization
Iranian Ministry
of Defense
Bank Melli Iran
Iranian
Telecommunica
tion
Infrastructure
Co. (ITIC)
$ 1.424 billion &
€ 214 million
interests of Bank
Markazi in
securities in
Europe
Iranian historical
Persepolis tablets
$9,462,750
amount of an ICC
award issued in
favor of the
Ministry against
Cubic
Sale proceeds of
Bank Melli Iran's
building in New
York in the
amount of
$1,607,000
Garnishment of
Sprint debts to
ITIC in the
amount of
$613,587
19.2.2015:
District Court judgment,
Case is now pending before
Court of Appeals
27.3.2014:
Iran's motion for summary
judgment granted, Case is
now pending before the
Court of Appeals
27.11.2013:
District Court judgment
2.2016:
Cout1 of Appeals judgment
29.4.2016:
Order to release the funds to
plaintiffs
5.6.2009:
District Court judgment
I5.6.2010:
Court of Appeals judgment
19.12.2012:
Order to turn over sale
proceeds of the building to
plaintiffs
10.8.2011:
Judgement for turμover of
the funds to plaintiffs
APPENDIX3
US Foreign Sovereign Immunity Act of 1976
(as originally enacted)
U.S. FOREIGN SOVEREIGN IMMUNITIES Acr
U.S. FOREIGN· SOVEREIGN IMMUNITIES
ACT OF 1976
An Act
199
To define the jurisdiction of United States courts in suits against
foreign states, the circumstances in which foreign states· are immune ·--from suit andinwfu'cn--executron-may·not-be~levied-on..:their=Property, ...
and for other purposes.
Be it enacted by the Seriate and House of Representatives of the
United States of America in Congress assemb~ That this Act may be
cited as the "Foreign Sovereign Immunities Act of 1976".
Sioc. 2. (a) That chapter 85 of title 28, United States Code, is
amended by inserting immediately before section 1331 the following
new section:
"§ 1330. Actions against foreign states
"(a) The district courts shall have original jurisdiction without
regard to amount in controversy of any nonjury civil action against a
foreign state as defined in section 1603(a) of tb.i$ title as to any claim
for relief in personam with respect to which the foreign state is not
entitled to immunity either under sections 1605-1607 of this title or
under any applicable international agreement.
"(b) Personal jurisdiction over a foreign state shall exist as to every
claim for relief over which the district courts have jurisdiction under
subsection (a) where service bas been made under section 1608 of this
title.
"(c) For purposes of subsection (b), an appearance by a foreign state
does not confer personal jurisdiction with respect to any claim for relief
not arising out of any transaction or occurrence enumerated in sections
1605-1607 of this title.".
(b) By inserting in the chapter analysis of that chapter· before"
1331. Federal question; amount in controversy; costs."
the following new item:
"1330. Action against foreign states.".
SEC. 3. That section 1332 of title 28, United States Code, is
amended by striking subsections (aX2) and (3) and substituting in their
place the following:
"(2) citizens of a State and citizens or subjects of a foreign
state;
"(3) citizens of different States and in which citizens or subjects
of a foreign state are additional parties; and
"(4) a foreign state, defined in section 1603(a) of this title, as
plaintiff and citizens of a State or of different States.".
FOREIGN GOVERNMENT LITIGATION
SEC. 4. (a) That title 28, United States Code, is amended by
inserting after chapter 95 the following new chapter:
"Sec.
"Chapter 97.--JURISDICTIONAL IMMUNITIES
OF FOREIGN STA~
''ioo2. FmOfois and deciaratfon-ofpuij,ose~- - - --- - --
"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.
"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.
"§ 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 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.
"§ 1603. Definitions
"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 defmed 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 ownerU.
S. FOREIGN SOVEREIGN IMMUNITIES. ACT 201
ship 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, con-
tinental orinsular, suliject to die ·jurisdicfion~ofTne·-uriftea~Sfaies.·
"(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.
"§ 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 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;
"§ 1605. General exceptions to the jurisdictional immunity of a
foreign state
"(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 co:r..nection 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;
_;
202 FOREIGN GOVERNMENT LITIGATION
"(4) in which right.a in property in the United States acquired
by succession or gift or rights in immovable property situated in
the United States are in issue; or
"(5) not otherwise encompassed in paragraph (2) above, in
which money damages are sought against a foreign state for
-----~personaLinj:ucy Q:CQ.~li!!h_<?r damage to or loss of property, occurring
in the United States and caused by the-torlious 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 t<r-
"(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.
"(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; 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; 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 subsection (bXl) of
this section 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.
Whenever notice is delivered under subsection (bXl) 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 (bXl) of this section.
U.S. FOREIGN SOVEREIGN IMMUNITIES ACT 203
"§ 1606. Extent of liability
"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-case0-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.
"§ 1607. Counterclaims
"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.
"§ 1608. Service; time to answer; default
"(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:
"(l) 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
204 FOREIGN GOVERNMENT UTIGATION
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
- ------~tnEf ·cotitr 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 (aX 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
U.S. FOREIGN SOVEREIGN IMMUNITIES ACT 205
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 satisfac-
. . fury to the court. -.A-copy or-any sucli<lefiiuif}uagment slia.lrfie sent to----
the foreign state or political subdivision in the manner prescribed for
service in this section.
"§ 1609. Immunity from attachment and execution of property of
a foreign state
"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.
"§ 1610. Exceptions to the immunity from attachment or execution
"(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
206 FOREIGN GOVERNMENT LITIGATION
automobile or other liability or casualty insurance covering the
claim which merged into the judgment.
"(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-oLexecution, J:>rJrom_ex~ti,i!,Q~.! upgn a j~9-~e11t 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(aX2), (3), or
(5), or 1605(b) of this chapter, regardless of whether the property is
or was used for the activity upon which the claim is based.
"(c) No attachment or execution referred to in subsections (a) and
(b) of this section shall~ 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.
"§ 1611. Certain types of property immune from execution
"(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.
U.S. FOREIGN SOVEREIGN IMMUNITIES ACT 207
"(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 immuni-
. - - - -·-tyfronrattachmentin~dof,executiont·orJrom-execution,-notwith-·· ---·
standing 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."
U.S. FOREIGN SOVEREIGN IMMUNITIES ACT 209
U.S. FOREIGN SOVEREIGN IMMUNITIBS ACT
1988 Amendments
SEC. 2. Section 1605(a) of title 28, United States Code, is amended
by-
(1) striking out "or" at the end of paragraph ( 4);
· ·· · r2Jstfikfng · out· tne~=perroa.~-at~·tlie · end ·of ·paragrap1f.T5J-·ana·
inserting in lieu thereof"; or"; and
(3) adding at the end thereof the following:
"(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.".
SEC. 3. Section 1610(a) of title 28, United States Code, is amended
by-
(1) striking out the period at the end of paragraph (5) and
inserting in lieu thereof", or"; and
(2) adding at the end thereof the following:
"(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.".
Public Law 100-669 [S. 2204]; November 16, 1988.
Anti-terrorism and Effective Death Penalty Act 1996
(introducing§ 1605(a)(7) FSIA)
Apri124, 1996
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[104th Congress Public Law 132]
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[ [ Page 1213]]
ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996
[[Page 110 STAT. 1214]]
Public Law 104-132
104th Congress
An Act
To deter terrorism, provide justice for victims, provide for an
effective death penalty, and for other purposes. <<NOTE: Apr. 24,
1996 - [S. 735]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Antiterrorism
and Effective Death Penalty Act of 1996.>>
SECTION 1. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This Act may be cited as the ''Antiterrorism and Effective Death
Penalty Act of 1996' '.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 101.
Sec. 102.
Sec. 103.
Sec. 104.
Sec. 105.
Sec. 106.
Sec. 107.
Sec. 108.
Sec. 201.
Sec. 202.
Sec. 203.
Sec. 204.
Sec. 205.
Sec. 206.
Sec. 207.
Sec. 208.
TITLE I--HABEAS CORPUS REFORM
Filing deadlines.
Appeal.
Amendment of Federal Rules of Appellate Procedure.
Section 2254 amendments.
Section 2255 amendments.
Limits on second or successive applications.
Death penalty litigation procedures.
Technical amendment.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
Short title.
Order of restitution.
Conditions of probation.
Mandatory restitution.
Order of restitution to victims of other crimes.
Procedure for issuance of restitution order.
Procedure for enforcement of fine or restitution order.
Instruction to Sentencing Commission.
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Sec. 209. Justice Department regulations.
Sec. 210. Special assessments on convicted persons.
Sec. 211. Effective date.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
Sec. 221. Jurisdiction for lawsuits against terrorist states.
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Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
SEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.
(a) Exception to Foreign Sovereign Immunity for Certain Cases.-Section
1605 of title 28, United States Code, is amended--
(1) in subsection (a)--
. (A) by striking ''or'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph
(6) and inserting-·; or''; and
(C) by adding at the end the following new
paragraph:
''(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; 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) the claimant or victim was not 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."; and
(2) by adding at the end the following:
··(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
[[Page 110 STAT. 1242]]
''(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.
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''(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.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28, United
States Code, is amended--
[[Page 110 STAT. 1243]]
(A) by striking the period at the end of paragraph
(6) and inserting··, or''; and
(B) by adding at the end the following new
paragraph:
''(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.".
(2) Agency or instrumentality.--Section 1610(b)(2) of title
28, United States Code, is amended--
(A) by striking ''or (5)'' and inserting ''(5), or
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(7)' '; and
(B) by striking ··used for the activity'' and
inserting ''involved in the act''.
(c) <<NOTE: 28 USC 1605 note.>> Applicability.--The amendments made
by this subtitle shall apply to any cause of action arising before, on,
or after the date of the enactment of this Act.
Subtitle C <<NOTE: Justice for Victims of Terrorism Act of 1996.>> -Assistance
to Victims of Terrorism
SEC. 231. <<NOTE: 42 USC 10601 note.>> SHORT TITLE.
This subtitle may be cited as the ''Justice for Victims of Terrorism
Act of 1996' '
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Foreign Operations, Export Financing, and Related Programs Appropriations
Act 1997
(Civil liability for acts of state sponsored terrorism)
30 April 1996
AUTHENT!CATED9
U.S GOVERNMENT
INFORMATION
CPO
PUBLIC LAW 104-208-SEPT. 30, 1996 110 STAT. 3009
*Public Law 104-208
104th Congress
An Act
Making omnibus consolidated appropriations for the fiscal year ending September
30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
DMSIONA
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the several departments,
agencies, corporations and other organizational units of the
Government for the fiscal year 1997, and for other purposes, namely:
TITLE I-OMNIBUS APPROPRIATIONS
Sec. 101. (a) For programs, projects or activities in the Departments
of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1997, provided as follows, to be effective
as if it had been enacted into law as the regular appropriations
Act:
AN ACT
Making appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year ending September 30, 1997, and
for other purposes.
TITLE I-DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the Department
of Justice, $75,773,000 of which not to exceed $3,317,000
is for the Facilities Program 2000, to remain available until
expended: Provided, That not to exceed 43 permanent positions
and 44 full-time equivalent workyears and $7,477,000 shall be
expended for the Department Leadership Program exclusive of augmentation
that occurred in these offices in fiscal year 1996: Provided
further, That not to exceed 41 permanent positions and 48 fulltime
equivalent workyears and $4,660,000 shall be expended for
the Offices of Legislative Affairs and Public Affairs:
*Note: This is a typeset print of the. original hand enrollment as signed by the President on
September 30, 1996. The text is printed without corrections. Missing text in the original is
indicated by a footnote.
Sept. 30, 1996
[H.R. 3610]
Omnibus
Consolidated
Appropriations
Act, 1997.
Departments of
Commerce,
Justice, and
State, the
Judiciary, and
Related Agencies
Appropriations
Act, 1997.
Department of
Justice
Appropriations
Act, 1997.
PUBLIC LAW 104-208-SEPT. 30, 1996 110 STAT. 3009-172
supporting the development or deployment of a ballistic missile
capability.
LIMITATION ON ASSISTANCE TO MEXICO
SEC. 587. Not less than $2,500,000 of the funds appropriated
or otherwise made available by this Act for the Government of
Mexico shall be withheld from obligation until the President has
determined and reported to Congress that-
(1) the Government of Mexico is taking actions to reduce
the amount of illegal drugs entering the United States from
Mexico; and
(2) the Government of Mexico-
(A) is taking effective actions to apply vigorously all
law enforcement resources to investigate, track, capture,
incarcerate, and prosecute individuals controlling, supervising,
or managing international narcotics cartels or other
similar entities and the accomplices of such individuals,
individuals responsible for, or otherwise involved in, corruption,
and individuals involved in money-laundering;
(B) is pursuing international anti-drug trafficking initiatives;
(C) is cooperating fully with international efforts at
narcotics interdiction; and
(D) is cooperating fully with requests by the United
States for assistance in investigations of money-laundering
violations and is making progress toward implementation
of effective laws to prohibit money-laundering.
LIMITATION OF ASSISTANCE TO TURKEY
SEC. 588. Not more than $22,000,000 of the funds appropriated
in this Act under the heading "Economic Support Fund" may be
made available to the Government of Turkey.
CIVIL LIABILITY FOR ACTS OF STATE SPONSORED TERRORISM
SEC. 589. (a) an official, employee, or agent of a foreign state 28 use 1605
designated as a state sponsor of terrorism designated under section note.
6(j) of the Export Administration Act of 1979 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(0 and (g) shall also apply to actions brought under this section.
No action shall be maintained under this action 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.
Titles I through V of this Act may be cited as the "Foreign Short title.
Operations, Export Financing, and Related Programs Appropriations
Act, 1997".
Terrorism Risk Insurance Act of 2002
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[107th Congress Public Law 297]
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[DOCID: f:publ297.107]
[[Page 2321]]
TERRORISM RISK INSURANCE ACT OF 2002
[[Page 116 STAT. 2322]]
Public Law 107-297
107th Congress
An Act
To ensure the continued financial capacity of insurers to provide
coverage for risks from terrorism. <<NOTE: Nov. 26, 2002 - [H.R.
3210] »
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Terrorism Risk Insurance
Act of 2002.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short <<NOTE: 15 USC 6701 note.>> Title.--This Act may be cited
as the ''Terrorism Risk Insurance Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 101.
Sec. 102.
Sec. 103.
Sec. 104.
Sec. 105.
TITLE !--TERRORISM INSURANCE PROGRAM
Congressional findings and purpose.
Definitions.
Terrorism Insurance Program.
General authority and administration of claims.
Preemption and nullification of pre-existing terrorism
exclusions.
Sec. 106. Preservation provisions.
Sec. 107. Litigation management.
Sec. 108. Termination of Program.
TITLE !!--TREATMENT OF TERRORIST ASSETS
Sec. 201. Satisfaction of judgments from blocked assets of terrorists,
terrorist organizations, and State sponsors of terrorism.
TITLE III--FEDERAL RESERVE BOARD PROVISIONS
Sec. 301. Certain authority of the Board of Governors of the Federal
Reserve System.
TITLE !--TERRORISM <<NOTE: 15 USC 6701 note.>> INSURANCE PROGRAM
SEC. 101. CONGRESSIONAL FINDINGS AND PURPOSE.
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TITLE !!--TREATMENT OF TERRORIST ASSETS
SEC. 201. SATISFACTION OF JUDGMENTS FROM BLOCKED ASSETS OF TERRORISTS,
TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM.
(a) In <<NOTE: 28 USC 1610 note.>> 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 <<NOTE: 28 USC 1610 note.>> 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.
(c) Special Rule for Cases Against Iran.--Section 2002 of the
Victims of Trafficking and Violence Protection Act of 2000 (Public Law
106-386; 114 Stat. 1542), as amended by section 686 of Public Law 107-
228, <<NOTE: Ante, p. 1411.>> is further amended--
(1) in subsection (a){2)(A)(ii), by striking ''July 27,
2000, or January 16, 2002'' and inserting ''July 27, 2000, any
other date before October 28, 2000, or January 16, 2002'';
(2) in subsection (b)(2)(B), by inserting after ''the date
of enactment of this Act'' the following: ''(less amounts
therein as to which the United States has an interest in
subrogation pursuant to subsection (c) arising prior to the date
of entry of the judgment or judgments to be satisfied in whole
or in part hereunder)'';
(3) <<NOTE: 28 USC 1606, 1610 and note.>> by redesignating
subsections (d), (e), and (f) as subsections (e), (f), and (g),
respectively; and
(4) by inserting after subsection (c) the following new
subsection (d):
''(d) Distribution of Account Balances and Proceeds Inadequate to
Satisfy Full Amount of Compensatory Awards Against Iran.--
[[Page 116 STAT. 2338]]
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''(1) Prior judgments.--
''(A) In general.--In the event that the Secretary
determines that 90 percent of the amounts available to
be paid under subsection (b)(2) are inadequate to pay
the total amount of compensatory damages awarded in
judgments issued as of the date of the enactment of this
subsection in cases identified in subsection (a)(2)(A)
with respect to Iran, the Secretary shall, not later
than 60 days after such date, make payment from such
amounts available to be paid under subsection (b)(2) to
each party to which such a judgment has been issued in
an amount equal to a share, calculated under
subparagraph (B), of 90 percent of the amounts available
to be paid under subsection (b)(2) that have not been
subrogated to the United States under this Act as of the
date of enactment of this subsection.
''(B) Calculation of payments.--The share that is
payable to a person under subparagraph (A), including
any person issued a final judgment as of the date of
enactment of this subsection in a suit filed on a date
added by the amendment made by section 686 of Public Law
107-228, shall be equal to the proportion that the
amount of unpaid compensatory damages awarded in a final
judgment issued to that person bears to the total amount
of all unpaid compensatory damages awarded to all
persons to whom such judgments have been issued as of
the date of enactment of this subsection in cases
identified in subsection (a)(2)(A) with respect to Iran.
''(2) Subsequent judgment.--
''(A) In general.--The Secretary shall pay to any
person awarded a final judgment after the date of
enactment of this subsection, in the case filed on
January 16, 2002, and identified in subsection (a)(2)(A)
with respect to Iran, an amount equal to a share,
calculated under subparagraph (B), of the balance of the
amounts available to be paid under subsection (b)(2)
that remain following the disbursement of all payments
as provided by paragraph (1). The Secretary shall make
such payment not later than 30 days after such judgment
is awarded.
''(B) Calculation of payments.--To the extent that
funds are available, the amount paid under subparagraph
(A) to such per~on shall be the amount the person would
have been paid under paragraph (1) if the person had
been awarded the judgment prior to the date of enactment
of this subsection.
''(3) Additional payments.--
''(A) In <<NOTE: Deadline.>> general.--Not later
than 30 days after the disbursement of all payments
under paragraphs (1) and (2), the Secretary shall make
an additional payment to each person who received a
payment under paragraph (1) or (2) in an amount equal to
a share, calculated under subparagraph (B), of the
balance of the amounts available to be paid under
subsection (b)(2) that remain following the disbursement
of all payments as provided by paragraphs (1) and (2).
''(B) Calculation of payments.--The share payable
under subparagraph (A) to each such person shall be
equal
[[Page 116 STAT. 2339]]
to the proportion that the amount of compensatory
damages awarded that person bears to the total amount of
all compensatory damages awarded to all persons who
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received a payment under paragraph {1) or (2).
''{4) Statutory construction.--Nothing in this subsection
shall bar, or require delay in, enforcement of any judgment to
which this subsection applies under any procedure or against
assets otherwise available under this section or under any other
provision of law.
''{5) Certain rights and claims not relinquished.--Any
person receiving less than the full amount of compensatory
damages awarded to that party in a judgment to which this
subsection applies shall not be required to make the election
set forth in subsection (a){2){B) or, with respect to subsection
(a){2){D), the election relating to relinquishment of any right
to execute or attach property that is subject to section
1610{f){l){A) of title 28, United States Code, except that such
person shall be required to relinquish rights set forth--
''(A) in subsection (a){2)(C); and
''(B) in subsection (a)(2)(D) with respect to
enforcement against property that is at issue in claims
against the United States before an international
tribunal or that is the subject of awards by such
tribunal.
''(6) Guidelines for establishing claims of a right to
payment.--The Secretary may promulgate reasonable guidelines
through which any person claiming a right to payment under this
section may inform the Secretary of the basis for such claim,
including by submitting a certified copy of the final judgment
under which such right is claimed and by providing commercially
reasonable payment instructions. The Secretary shall take all
reasonable steps necessary to ensure, to the maximum extent
practicable, that such guidelines shall not operate to delay or
interfere with payment under this section.''.
(d) Definitions.--In <<NOTE: 28 USC 1610 note.>> 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);
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
[[Page 116 STAT. 2340]]
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
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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).
TITLE III--FEDERAL RESERVE BOARD PROVISIONS
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National Defense Authorization Act for Fiscal Year 2008
(introducing § 1605A FSIA)
January 28, 2008
AUTHENT!CATED9
US. GOVERNMENT
INFORMATION
GPO
PUBLIC LAW 110-181--JAN. 28, 2008
Public Law 110-181
110th Congress
An Act
To provide for the enactment of the National Defense Authorization Act for Fiscal
Year 2008, as previously enrolled, with certain modifications to address the foreign
sovereign immunities provisions of title 28, United States Code, with respect
to the attachment of property in certain judgments against Iraq, the lapse of
statutory authorities for the payment of bonuses, special pays, and similar benefits
for members of the uniformed services, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT.
(a) SHORT TITLE.-This Act may be cited as the "National
Defense Authorization Act for Fiscal Year 2008".
(b) EXPLANATORY STATEMENT.-The Joint Explanatory Statement
submitted by the Committee of Conference for the conference
report to accompany H.R. 1585 of the 110th Congress (Report
110-477) shall be deemed to be part of the legislative history
of this Act and shall have the same effect with respect to the
implementation of this Act as it would have had with respect
to the implementation of H.R. 1585, if such bill had been enacted.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.-This Act is organized into three divisions as
follows:
(1) Division A-Department of Defense Authorizations.
(2) Division B-Military Construction Authorizations.
(3) Division C-Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.-The table of contents for this Act
is as follows:
Sec. 1. Short title; treatment of explanatory statement.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec.
Sec.
Sec.
Sec.
Sec.
DIVISION A-DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I-PROCUREMENT
Subtitle A-Authorization of Appropriations
101. Army.
102. Navy and Marine Corps.
103. Air Force.
104. Defense-wide activities.
105. National Guard and Reserve equipment.
Subtitle B-Army Programs
Sec. 111.
Sec. 112.
Multiyear procurement authority for M1A2 Abrams System Enhancement
Package upgrades.
Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle
upgrades.
122 STAT. 3
Jan.28,2008
[H.R. 4986]
National Defense
Authorization
Act for Fiscal
Year 2008.
122 STAT. 338 PUBLIC LAW 110-181--JAN. 28, 2008
(B) what criteria and considerations are appropriate
to determine whether additional Civil Support Teams are
needed and, if so, where they should be located.
(e) COOPERATION OF OTHER AGENCIES.-
(1) IN GENERAL.-The advisory panel required by subsection
(a) may secure directly from the Department of Defense, the
Department of Homeland Security, the Department of Energy,
the Department of Justice, the Department of Health and
Human Services, and any other department or agency of the
Federal Government information that the panel considers necessary
for the panel to carry out its duties.
(2) CooPERATION.-The Secretary of Defense, the Secretary
of Homeland Secretary, the Secretary of Energy, the Attorney
General, the Secretary of Health and Human Services, and
any other official of the United States shall provide the advisory
panel with full and timely cooperation in carrying out its duties
under this section.
(0 REPORT.-Not later than 12 months after the date of the
initial meeting of the advisory panel required by subsection (a),
the advisory panel shall submit to the Secretary of Defense, and
to the Committees on Armed Services of the Senate and the House
of Representatives, a report on activities under this section. The
report shall set forth-
( 1) the findings, conclusions, and recommendations of the
advisory panel for improving the capabilities of the Department
of Defense to provide support to United States civil authorities
in the event of a chemical, biological, radiological, nuclear,
or high-yield explosive incident; and
(2) such other findings, conclusions, and recommendations
for improving the capabilities of the Department for homeland
defense as the advisory panel considers appropriate.
SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY.
(a) TERRORISM EXCEPTION TO lMMuNITY.-
(1) IN GENERAL.-Chapter 97 of title 28, United States
Code, is amended by inserting after section 1605 the following:
"§ 1605A. Terrorism exception to the jurisdictional immunity
of a foreign state
"(a) IN GENERAL.-
"(l) No IMMUNITY.-A foreign state shall not be immune
from the jurisdiction of courts of the United States or of the
States in any case not otherwise covered by this chapter 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 for such an act
if such act or provision of material support or resources 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.
"(2) CLAIM HEARD.-The court shall hear a claim under
this section if-
"(A)(i)(I) the foreign state was designated as a state
sponsor of terrorism at the time the act described in paragraph
(1) occurred, or was so designated as a result of
such act, and, subject to subclause (II), either remains
PUBLIC LAW 110-181-JAN. 28, 2008 122 STAT. 339
so designated when the claim is filed under this section
or was so designated within the 6-month period before
the claim is filed under this section; or
"(II) in the case of an action that is refiled under
this section by reason of section 1083(c)(2)(A) of the
National Defense Authorization Act for Fiscal Year 2008
or is filed under this section by reason of section 1083(c)(3)
of that Act, the foreign state was designated as a state
sponsor of terrorism when the original action or the related
action under section 1605(a)(7) (as in effect before the
enactment of this section) or section 589 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section lOl(c)
of division A of Public Law 104-208) was filed;
"(ii) the claimant or the victim was, at the time the
act described in paragraph (1) occurred-
"(!) a national of the United States;
"(II) a member of the armed forces; or
"(III) otherwise an employee of the Government
of the United States, or of an individual performing
a contract awarded by the United States Government,
acting within the scope of the employee's employment;
and
"(iii) in a case in which the act occurred in the foreign
state against which the claim has been brought, the claimant
has afforded the foreign state a reasonable opportunity
to arbitrate the claim in accordance with the accepted
international rules of arbitration; or
"(B) the act described in paragraph (1) is related to
Case Number 1:00CV03110 (EGS) in the United States
District Court for the District of Columbia.
"(b) LIMITATIONS.-An action may be brought or maintained
under this section if the action is commenced, or a related action
was commenced under section 1605(a)(7) (before the date of the
enactment of this section) or section 589 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997
(as contained in section lOl(c) of division A of Public Law 104-
208) not later than the latter of-
"(1) 10 years after April 24, 1996; or
"(2) 10 years after the date on which the cause of action
arose.
"(c) PRIVATE RIGHT OF ACTION.-A foreign state that is or
was a state sponsor of terrorism as described in subsection
(a)(2)(A)(i), and any official, employee, or agent of that foreign
state while acting within the scope of his or her office, employment,
or agency, shall be liable to-
"(1) a national of the United States,
"(2) a member of the armed forces,
"(3) an employee of the Government of the United States,
or of an individual performing a contract awarded by the United
States Government, acting within the scope of the employee's
employment, or
"( 4) the legal representative of a person described in paragraph
(1), (2), or (3),
for personal injury or death caused by acts described in subsection
(a)(l) of that foreign state, or of an official, employee, or agent
of that foreign state, for which the courts of the United States
122 STAT. 340 PUBLIC LAW 110-181---JAN. 28, 2008
may maintain jurisdiction under this section for money damages.
In any such action, damages may include economic damages,
solatium, pain and suffering, and punitive damages. In any such
action, a foreign state shall be vicariously liable for the acts of
its officials, employees, or agents.
"(d) ADDITIONAL DAMAGES.-After an action has been brought
under subsection (c), actions may also be brought for reasonably
foreseeable property loss, whether insured or uninsured, third party
liability, and loss claims Uhder life and property insurance policies,
by reason of the same acts on which the action under subsection
(c) is based.
"(e) SPECIAL MAsTERS.-
"(1) IN GENERAL.-The courts of the United States may
appoint special masters to hear damage claims brought under
this section.
"(2) TRANSFER OF FUNDS.-The Attorney General shall
transfer, from funds available for the program under section
14O4C of the Victims of Crime Act of 1984 (42 U.S.C. 10603c),
to the Administrator of the United States district court in
which any case is pending which has been brought or maintained
under this section such funds as may be required to
cover the costs of special masters appointed under paragraph
(1). Any amount paid in compensation to any such special
master shall constitute an item of court costs.
"(f) APPEAL.-In an action brought under this section, appeals
from orders not conclusively ending the litigation may only be
taken pursuant to section 1292(b) of this title.
"(g) PROPERTY DISPOSITION.-
"(1) IN GENERAL.-In every action filed in a United States
district court in which jurisdiction is alleged under this section,
the filing of a notice of pending action pursuant to this section,
to which is attached a copy of the complaint filed in the action,
shall have the effect of establishing a lien of lis pendens upon
any real property or tangible personal property that is-
"(A) subject to attachment in aid of execution, or execution,
under section 1610;
"(B) located within that judicial district; and
"(C) titled in the name of any defendant, or titled
in the name of any entity controlled by any defendant
if such notice contains a statement listing such controlled
entity.
"(2) NOTICE.-A notice of pending action pursuant to this
section shall be filed by the clerk of the district court in the
same manner as any pending action and shall be indexed
by listing as defendants all named defendants and all entities
listed as controlled by any defendant.
"(3) ENFORCEABILITY.-Liens established by reason of this
subsection shall be enforceable as provided in chapter 111
of this title.
"(h) DEFINITIONS.-For purposes of this section-
"(1) 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;
"(2) the term 'hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages;
PUBLIC LAW 110-181--JAN. 28, 2008 122 STAT. 341
"(3) the term 'material support or resources' has the
meaning given that term in section 2339A of title 18;
"( 4) the term 'armed forces' has the meaning given that
term in section 101 of title 10;
"(5) the term 'national of the United States' has the
meaning given that term in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22));
"(6) the term 'state sponsor of terrorism' means a country
the government of which the Secretary of State has determined,
for purposes of section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the
Arms Export Control Act (22 U.S.C. 2780), or any other provision
of law, is a government that has repeatedly provided
support for acts of international terrorism; and
"(7) the terms 'torture' and 'extrajudicial killing' have the
meaning given those terms in section 3 of the Torture Victim
Protection Act of 1991 (28 U.S.C. 1350 note).".
(2) AMENDMENT TO CHAPTER ANALYSIS.-The table of sections
at the beginning of chapter 97 of title 28, United States
Code, is amended by inserting after the item relating to section
1605 the following:
"1605A. Terrorism exception to the jurisdictional immunity of a foreign state.".
(b) CONFORMING AMENDMENTS.-
(1) GENERAL EXCEPTION.-Section 1605 of title 28, United
States Code, is amended-
(A) in subsection (a)-
(i) in paragraph (5)(B), by inserting "or" after the
semicolon;
(ii) in paragraph (6)(D), by striking "; or" and
inserting a period; and
(iii) by striking paragraph (7);
(B) by repealing subsections (e) and (f); and
(C) in subsection (g)(l)(A), by striking ''but for subsection
(a)(7)" and inserting ''but for section 1605A".
(2) COUNTERCLAIMS.-Section 1607(a) of title 28, United
States Code, is amended by inserting "or 1605A" after "1605".
(3) PROPERTY.-Section 1610 of title 28, United States Code,
is amended-
(A) in subsection (a)(7), by striking "1605(a)(7)" and
inserting "1605A";
(B) in subsection (b)(2), by striking "(5), or (7), or
1605(b)" and inserting "or (5), 1605(b), or 1605A";
(C) in subsection (f), in paragraphs (l)(A) and (2)(A),
by inserting "(as in effect before the enactment of section
1605A) or section 1605A" after "1605(a)(7)"; and
(D) by adding at the end the following:
"(g) PROPERTY IN CERTAIN ACTIONS.-
"(1) IN GENERAL.-Subject to paragraph (3), the property
of a foreign state against which a judgment is entered under
section 1605A, and the property of an agency or instrumentality
of such a state, including property that is a separate juridical
entity or is an interest held directly or indirectly in a separate
juridical entity, is subject to attachment in aid of execution,
and execution, upon that judgment as provided in this section,
regardless of122
STAT. 342 PUBLIC LAW 110-181---.JAN. 28, 2008
"(A) the level of economic control over the property
by the government of the foreign state;
"(B) whether the profits of the property go to that
government;
"(C) the degree to which officials of that government
manage the property or otherwise control its daily affairs;
"(D) whether that government is the sole beneficiary
in interest of the property; or
"(E) whether establishing the property as a separate
entity would entitle the foreign state to benefits in United
States courts while avoiding its obligations.
"(2) UNITED STATES SOVEREIGN IMMUNITY INAPPLICABLE.Any
property of a foreign state, or agency or instrumentality
of a foreign state, to which paragraph (1) applies shall not
be immune from attachment in aid of execution, or execution,
upon a judgment entered under section 1605A because the
property is regulated by the United States Government by
reason of action taken against that foreign state under the
Trading With the Enemy Act or the International Emergency
Economic Powers Act.
"(3) THIRD-PARTY JOINT PROPERTY HOLDERS.-Nothing in
this subsection shall be construed to supersede the authority
of a court to prevent appropriately the impairment of an
interest held by a person who is not liable in the action giving
rise to a judgment in property subject to attachment in aid
of execution, or execution, upon such judgment.".
(4) VICTIMS OF CRIME ACT.-Section 1404C(a)(3) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended
by striking "December 21, 1988 with respect to which an investigation
or" and inserting "October 23, 1983, with respect to
which an investigation or civil or criminal".
(c) APPLICATION TO PENDING CASES.-
(1) IN GENERAL.-The amendments made by this section
shall apply to any claim arising under section 1605A of title
28, United States Code.
(2) PRIOR ACTIONS.-
(A) IN GENERAL-With respect to any action that-
(i) was brought under section 1605(a)(7) of title
28, United States Code, or section 589 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section lOl(c)
of division A of Public Law 104-208), before the date
of the enactment of this Act,
(ii) relied upon either such provision as creating
a cause of action,
(iii) has been adversely affected on the grounds
that either or both of these provisions fail to create
a cause of action against the state, and
(iv) as of such date of enactment, is before the
courts in any form, including on appeal or motion
under rule 60(b) of the Federal Rules of Civil Procedure,
that action, and any judgment in the action shall, on motion
made by plaintiffs to the United States district court where
the action was initially brought, or judgment in the action
was initially entered, be given effect as if the action had
PUBLIC LAW 110-181---JAN. 28, 2008 122 STAT. 343
originally been filed under section 1605A(c) of title 28,
United States Code.
(B) DEFENSES WAIVED.-The defenses of res judicata,
collateral estoppel, and limitation period are waived-
(i) in any action with respect to which a motion
is made under subparagraph (A), or
(ii) in any action that was originally brought,
before the date of the enactment of this Act, under
section 1605(a)(7) of title 28, United States Code, or
section 589 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1997 (as contained in section lOl(c) of division A of
Public Law 104--208), and is refiled under section
1605A(c) of title 28, United States Code,
to the extent such defenses are based on the claim in
the action.
(C) TIME LIMITATIONS.-A motion may be made or an
action may be refiled under subparagraph (A) only-
(i) if the original action was commenced not later
than the latter of-
(1) 10 years after April 24, 1996; or
(II) 10 years after the cause of action arose;
and
(ii) within the 60-day period beginning on the date
of the enactment of this Act.
(3) RELATED ACTIONS.-If an action arising out of an act Deadline.
or incident has been timely commenced under section 1605(a)(7)
of title 28, United States Code, or section 589 of the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1997 (as contained in section lOl(c) of division
A of Public Law 104--208), any other action arising out of
the same act or incident may be brought under section 1605A
of title 28, United States Code, if the action is commenced
not later than the latter of 60 days after-
(A) the date of the entry of judgment in the original
action; or
(B) the date of the enactment of this Act.
( 4) PRESERVING THE JURISDICTION OF THE COURTS.Nothing
in section 1503 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11, 117 Stat.
579) has ever authorized, directly or indirectly, the making
inapplicable of any provision of chapter 97 of title 28, United
States Code, or the removal of the jurisdiction of any court
of the United States.
(d) APPLICABILITY TO IRAQ.-
(1) APPLICABILITY.-The President may waive any provision President.
of this section with respect to Iraq, insofar as that provision Waiver authority.
may, in the President's determination, affect Iraq or any agency
or instrumentality thereof, if the President determines that-
(A) the waiver is in the national security interest of
the United States;
(B) the waiver will promote the reconstruction of, the
consolidation of democracy in, and the relations of the
United States with, Iraq; and
(C) Iraq continues to be a reliable ally of the United
States and partner in combating acts of international terrorism.
122 STAT. 344 PUBLIC LAW 110-181---.JAN. 28, 2008
Applicability.
President.
(2) TEMPORAL SCOPE.-The authority under paragraph (1)
shall apply-
(A) with respect to any conduct or event occurring
before or on the date of the enactment of this Act;
(B) with respect to any conduct or event occurring
before or on the date of the exercise of that authority;
and
(C) regardless of whether, or the extent to which, the
exercise of that authority affects any action filed before,
on, or after the date of the exercise of that authority
or of the enactment of this Act.
(3) NOTIFICATION TO CONGRESS.-A waiver by the President
under paragraph (1) shall cease to be effective 30 days after
it is made unless the President has notified Congress in writing
of the basis for the waiver as determined by the President
under paragraph (1).
( 4) SENSE OF CONGRESS.-lt is the sense of the Congress
that the President, acting through the Secretary of State, should
work with the Government of Iraq on a state-to-state basis
to ensure compensation for any meritorious claims based on
terrorist acts committed by the Saddam Hussein regime against
individuals who were United States nationals or members of
the United States Armed Forces at the time of those terrorist
acts and whose claims cannot be addressed in courts in the
United States due to the exercise of the waiver authority under
paragraph (1).
(e) SEVERABILITY.-If any provision of this section or the amendments
made by this section, or the application of such provision
to any person or circumstance, is held invalid, the remainder of
this section and such amendments, and the application of such
provision to other persons not similarly situated or to other circumstances,
shall not be affected by such invalidation.
TITLE XI-CIVILIAN PERSONNEL
MATTERS
Sec. 1101. Extension of authority to waive annual limitation on total compensation
paid to Federal civilian employees working overseas under areas of
United States Central Command.
Sec. 1102. Continuation of life insurance coverage for Federal employees called to
active duty.
Sec. 1103. Transportation of dependents, household effects, and personal property
to former home following death of Federal employee where death resulted
from disease or injury incurred in the Central Command area of
responsibility.
Sec. 1104. Special benefits for civilian employees assigned on deployment temporary
change of station.
Sec. 1105. Death gratuity authorized for Federal employees.
Sec. 1106. Modifications to the National Security Personnel System.
Sec. 1107. Requirement for full implementation of personnel demonstration project.
Sec. 1108. Authority for inclusion of certain Office of Defense Research and Engineering
positions in experimental personnel program for scientific and
technical personnel.
Sec. 1109. Pilot program for the temporary assignment of information technology
personnel to private sector organizations.
Sec. 1110. Compensation for Federal wage system employees for certain travel
hours.
Sec. 1111. Travel compensation for wage grade personnel.
Sec. 1112. Accumulation of annual leave by senior level employees.
Sec. 1113. Uniform allowances for civilian employees.
Section 1245 (c) of National Defense Authorization Act for Fiscal Year 2012
H.R.1540
0nr !tundrrd 1rmdfth <iongrrss
of thr
ilnitrd ~tatrs of amrrica
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
an act
To authorize appropriations for fiscal year 2012 for military activities of the Department
of Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembl_ed,
SECTION 1. SHORT TITLE.
This Act may be cited as the ''National Defense Authorization
Act for Fiscal Year 2012".
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.-This Act is organized into five divisions as
follows:
(1) Division A-Department of Defense Authorizations.
(2) Division B-Military Construction Authorizations.
(3) Division C-Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D-Funding Tables.
(5) Division E-SBIR and STTR Reauthorization.
(b) TABLE OF CONTENTS.-The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A-DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I-PROCUREMENT
Subtitle A-Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B-Army Programs
Sec. 111. Limitation on procurement of Stryker combat vehicles.
Sec. 112. Limitation on retirement of C-23 aircraft.
Sec. 113. Multiyear procurement authority for airframes for Army UH--60M/HH-
60M helicopters and Navy MH--60R/MH--60S helicopters.
Sec.
Sec.
Sec.
Sec.
Subtitle C-Navy Programs
121. Multiyear procurement authority for mission avionics and common cockpits
for Navy MH--60R/S helicoRters.
122. Separate procurement line item for certain Littoral Combat Ship mission
modules.
123. Life-cycle cost-benefit analysis on alternative maintenance and sustainability
plans for the Littoral Combat Ship program.
124. Extension of Ford-class aircraft carrier construction authority.
Subtitle D-Air Force Programs
Sec. 131. Strategic airlift aircraft force structure.
H. R. 1540-350
defenses that is classified as of, or after, the date of enactment
of this Act.
SEC. 1245. IMPOSITION OF SANCTIONS WITH RESPECT TO THE FINANCIAL
SECTOR OF IRAN.
(a) FINDINGS.-Congress makes the following findings:
(1) On November 21, 2011, the Secretary of the Treasury
issued a finding under section 5318A of title 31, United States
Code, that identified Iran as a jurisdiction of primary money
laundering concern.
(2) In that finding, the Financial Crimes Enforcement Network
of the Department of the Treasury wrote, "The Central
Bank of Iran, which regulates Iranian banks, has assisted
designated Iranian banks by transferring billions of dollars
to these banks in 2011. In mid-2011, the CBI transferred several
billion dollars to designated banks, including • Saderat,
Mellat, EDBI and Melli, through a variety of payment schemes.
In making these transfers, the CBI attempted to evade sanctions
by minimizing the direct involvement of large international
banks with both CBI and designated Iranian banks.".
(3) On November 22, 2011, the Under Secretary of the
Treasury for Terrorism and Financial Intelligence, David
Cohen, wrote, "Treasury is calling out the entire Iranian
banking sector, including the Central Bank of Iran, as posing
terrorist financing, proliferation financing, and money laundering
risks for the global financial system.".
(b) DESIGNATION OF FINANCIAL SECTOR OF IRAN AS OF PRIMARY
MONEY LAUNDERING CoNCERN.-The financial sector of Iran,
including the Central Bank of Iran, is designated as a primary
money laundering concern for purposes of section 5318A of title
31, United States Code, because of the threat to government and
financial institutions resulting from the illicit activities of the
Government of Iran, including its pursuit of nuclear weapons, support
for international terrorism, and efforts to deceive responsible
financial institutions and evade sanctions.
(c) FREEZING OF AsSETS OF IRANIAN FINANCIAL INSTITUTIONS.The
President shall, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), block and prohibit
all transactions in all property and interests in property of an
Iranian financial institution if such property and interests in property
are in the United States, come within the United States,
or are or come within the possession or control of a United States
person.
(d) IMPOSITION OF SANCTIONS WITH RESPECT TO THE CENTRAL
BANK OF IRAN AND OTHER IRANIAN FINANCIAL INSTITUTIONS.-
(1) IN GENERAL.-Except as specifically provided in this
subsection, beginning on the date that is 60 days after the
date of the enactment of this Act, the President-
(A) shall prohibit the opening, and prohibit or impose
strict conditions on the maintaining, in the United States
of a correspondent account or a payable-through account
by a foreign financial institution that the President determines
has knowingly conducted or facilitated any significant
financial transaction with the Central Bank of Iran
or another Iranian financial institution designated by the
Secretary of the Treasury for the imposition of sanctions
H. R. 1540-351
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.); and
(B) may impose sanctions pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
with respect to the Central Bank of Iran.
(2) ExCEPTION FOR SALES OF FOOD, MEDICINE, AND MEDICAL
DEVICES.-The President may not impose sanctions under paragraph
(1) with respect to any person for conducting or facilitating
a transaction for the sale of food, medicine, or medical
devices to Iran.
(3) APPLICABILITY OF SANCTIONS WITH RESPECT TO FOREIGN
CENTRAL BANKS.-Except as provided in paragraph (4), sanctions
imposed under paragraph (l)(A) shall apply with respect
to a foreign financial institution owned or controlled by the
government of a foreign country, including a central bank of
a foreign country, only insofar as it engages in a financial
transaction for the sale or purchase of petroleum or petroleum
products to or from Iran conducted or facilitated on or after
that date that is 180 days after the date of the enactment
of this Act.
(4) .APPLICABILITY OF SANCTIONS WITH RESPECT TO PETROLEUM
TRANSACTIONS.-
(A) REPORT REQUIRED.-Not later than 60 days after
the date of the enactment of this Act, and every 60 days
thereafter, the Administrator of the Energy Information
Administration, in consultation with the Secretary of the
Treasury, the Secretary of State, and the Director of
National Intelligence, shall submit to Congress a report
on the availability and price of petroleum and petroleum
products produced in countries other than Iran in the 60-
day period preceding the submission of the report.
(B) DETERMINATION REQUIRED.-Not later than 90 days
after the date of the enactment of this Act, and every
180 days thereafter, the President shall make a determination,
based on the reports required by subparagraph (A),
of whether the price and supply of petroleum and petroleum
products produced in countries other than Iran is sufficient
to permit purchasers of petroleum and petroleum products
from Iran to reduce significantly in volume their purchases
from Iran.
(C) APPLICATION OF SANCTIONS.-Except as provided
in subparagraph (D), sanctions imposed under paragraph
(l)(A) shall apply with respect to a financial transaction
conducted or facilitated by a foreign financial institution
. on or after the date that is 180 days after the date of
the enactment of this Act for the purchase of petroleum
or petroleum products from Iran if the President determines
pursuant to subparagraph (B) that there is a sufficient
supply of petroleum and petroleum products from
countries other than Iran to permit a significant reduction
in the volume of petroleum and petroleum products purchased
from Iran by or through foreign financial institutions.
(D) EXCEPTION.-Sanctions imposed pursuant to paragraph
(1) shall not apply with respect to a foreign financial
institution if the President determines and reports to Congress,
not later than 90 days after the date on which
Executive Order 13599
FEDERAL REGISTER
Vol. 77
No. 26
Part Ill
The President
Wednesday,
February 8, 2012
Executive Order 13599-Blocking Property of the Government of Iran and
Iranian Financial Institutions
Federal Register
Vol. 77, No. 26
Wednesday, February 8, 2012
Title 3-
The President
6659
Presidential Documents
Executive Order 13599 of February 5, 2012
Blocking Property of the Government of Iran and Iranian Financial
Institutions
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies
Act (50 U.S.C. 1601 et seq.), section 1245 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81) (NDAA}, and
section 301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America, in order
to take' additional steps with respect to the national emergency declared
in Executive Order 12957 of March 15, 1995, particularly in light of the
deceptive practices of the Central Bank of Iran and other Iranian banks
to conceal transactions of sanctioned parties, the deficiencies in Iran's antimoney
laundering regime and the weaknesses in its implementation, and
the continuing and unacceptable risk posed to the international financial
system by Iran's activities, hereby order:
Section 1. (a} All property and interests in property of the Government
of Iran, including the Central Bank of Iran, that are in the United States,
that hereafter come within the United States, or that are or hereafter come
within the possession or control of any United States person, including
any foreign branch, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in.
(b) All property and interests in property of any Iranian financial institution,
including the Central Bank of Iran, that are in the United States,
that hereafter come within the United States, or that are or hereafter come
within the possession or control of any United States person, including
any foreign branch, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in.
{c) All property and interests in property that are in the United States,
that hereafter come within the United States, or that are or hereafter come
within the possession or control of any United States person, including
any foreign branch, of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in: any person
determined by the Secretary of the Treasury, in consultation with the Secretary
of State, to be owned or controlled by, or to have acted or purported
to act for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant ,to this order.
Sec. z. I hereby determine that the making of donations of the type of
_ . --,-,.-~-~=--•-·---~---- ... an.i_c;les_~specif!E!.~--.:1n--sectioll,.:~_o~(Q)(2·)==.o:t:::IEEP.A"=(5.0:::.U;S;C::::r1-02(b')(2-)}:::1>y-;~
:':·:·:::::::::::.:::::.:::::::::'..:::.:.:=::-::::_. --·---------·-to, ·orfor-lne-oenefit of any person whose property and interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in Executive Order
12957, and I hereby prohibit such donations as provided by section 1 of
this order.
Sec. 3. The prohibitio11s in section 1 of this order include but are not
limited to: (a) the making of any contribution or proyisio~_ o~ nμi~s. goods, .
· or services by, to, or for the-·benefit ·of any· p-erson whose ·property and
interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services
from any such person.
6660 Federal Register/Vol. 77, No. 26/Wednesday, February 8, 2012/Presidential Documents
Sec. 4. (a) The prohibitions in section 1 of this order apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
(b) The prohibitions in section 1 of this order do not apply to property
and interests in property of the Government of Iran that were blocked
pursuant to Executive Order 12170 of November 14, 1979, and thereafter
made subject to the transfer directives set forth in Executive Order 12281
of January 19, 1981, and in1plementing regulations thereunder.
Sec. 5. {a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, causes
a violation of, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 6. Nothing in section 1 of this order shall prohibit transactions for
the conduct of the official business of the Federal Government by employees,
grantees, or contractors thereof.
Sec. 7. For the purposes of this order: (a) the term "person" means an
individual or entity;
(b) the term "entity" means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term "United States person" means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States;
(d) the term "Government of Iran" means the Government of Iran, any
political subdivision, agency, or instrumentality thereqf, including the Central
Bank of Iran, and any person owned or controlled by, or acting for or
on behalf of, the Government of Iran;
(e) the term "Iran" means the territory of Iran and any other territory
or marine area, including the exclusive economic zone and continental
shelf, over which the Government of Iran claims sovereignty, sovereign
rights, or jurisdiction, provided that the Government of Iran exercises partial
or total de facto control over the area or derives a benefit from economic
activity in the area pursuant to international arrangements; and
(f) the term "Iranian financial institution" means a financial institution
organized under the laws of Iran or any jurisdiction within Iran (including
foreign branches), any financial institution in Iran, any financial institution,
wherever located, owned or controlled by the Government of Iran, and
any financial institution, wherever located, owned or controlled by any
of the foregoing.
Sec. 8. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
..... ·•,-.. ·•·•=~~· ···•.~-~--···~· ... , .. ,:=·:::·:·:::.:::::.-_::=.!Q::!?_1~htaken-,·pJU:.~1!-.ant-:.to::.this:.order~ would'.:render.::t1ro·se:nreasures-=:meffectuaJ.~~":.:::::::
···· · ·· ·--· -------· ·--- I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 12957, there need be
no prior notice of a listing or determination made pursuant to section
1 of this order.
Sec. 9. The Secretary of the Treasury, in consultiitlOn with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to emp~<>y iill Pl?.w.ers gr~ted. to .. the .. President
· by· IEEPA as iiiay be necessary to carry out the purposes of this order,
other than the purposes described in section 11. The Secretary of the Treasury
may redelegate any of these functions and authorities to other officers and
agencies of the United States Government consistent with applicable law.
Federal Register/Vol. 77, No. 26/Wednesday, February 8, 2012/Presidential Documents 6661
All agencies of the United States Government are hereby directed to take
all appropriate measures within their authority to carry out the provisions
ofthis order.
Sec. 10. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to exercise the functions and authorities conferred
upon the President by section 1245(d)(l)(AJ of the NDAA and to
redelegate these functions and authorities consistent with applicable law.
The Secretary of the Treasury, in consultation with the Secretary of State,
is hereby further authorized to exercise the functions and authorities conferred
upon the President by section 1245(g)(1) of the NDAA to the extent
necessary to exercise the other functions and authorities delegated in this
section and may redelegate these functions and authorities consistent with
applicable law.
Sec. 11. The Secretary of State, in consultation with the Secretary of the
Treasury, the Secretary of Energy, and the Director of National Intelligence,
is hereby authorized to exercise the functions and authorities conferred
upon the President by section 1245(d)(4)(D) of the NDAA and to redelegate
these functions and authorities consistent with applicable law. The Secretary
of State, in consultation with the Secretary of the Treasury, is hereby further
authorized to exercise the functions and authorities conferred upon the
President by sections 1245(e)(1) and 1245(e)(2) of the NDAA and to redelegate
these functions and authorities consistent with applicable law. The Secretary
of State, in consultation with the Secretary of the Treasury, is hereby further
authorized to exercise the functions and authorities conferred upon the
President by section 1245(g)(1) of the NDAA to the extent necessary to
exercise the other functions and authorities delegated in this section and
may redelegate these functions and authorities consistent with applicable
law.
Sec. 12. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
Sec. 13. The measures taken pursuant to this order are in response to
actions of the Government of Iran occurring after the conclusion of the
1981 Algiers Accords, and are intended solely as a response to those later
actions.
6662 Federal Register /Vol. 77, No. 26 /Wednesday, February 8, 2012 /Presidential Documents
[FR Doc. 2012-3097
Filed 2-7-12; 11:15 am)
Billing code 3295-F2-P
Sec. 14. This order is effective at 12:01 a.m. eastern standard time on
February 6, 2012.
THE WHITE HOUSE,
February 5, 2012.
Iran Threat Reduction and Syria Human Rights Act of2012
10 August 2012
H.R.1905
<0nr itlundrrd 1rmdfth ~ongrrss
of tht
ilnittd ~tatrs of 9-mrrica
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two tliousand and twelve
an act
To strengthen Iran sanctions laws for the purpose of compelling Iran to abandon
its pursuit of nuclear weapons and other threatening activities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.-This Act may be cited as the "Iran Threat
Reduction and Syria Human Rights Act of 2012".
(b) TABLE OF CONTENTS.-The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I-EXPANSION OF MULTILATERAL SANCTIONS REGIME WITH
RESPECT TO IRAN
Sec. 101. Sense of Congress on enforcement of multilateral sanctions regime and
expansion and implementation of sanctions laws.
Sec. 102. Diplomatic efforts to expand multilateral sanctions regime.
TITLE II-EXPANSION OF SANCTIONS RELATING TO THE ENERGY SECTOR
OF IRAN AND PROLIFERATION OF WEAPONS OF MASS DESTRUCTION BY
IRAN
Subtitle A-Expansion of the Iran Sanctions Act of 1996
Sec. 201. Expansion of sanctions with respect to the energy sector of Iran.
Sec. 202. Imposition of sanctions with respect to transportation of crude oil from
Iran and evasion of sanctions by shipping companies.
Sec. 203. Expansion of sanctions with respect to development by Iran of weapons
of mass destruction.
Sec. 204. Expansion of sanctions available under the Iran Sanctions Act of 1996.
Sec. 205. Modification of waiver standard under the Iran Sanctions Act of 1996.
Sec. 206. Briefings on implementation of the Iran Sanctions Act of 1996.
Sec. 207. Expansion of definitions under the Iran Sanctions Act of 1996.
Sec. 208. Sense of Congress on energy sector of Iran.
Subtitle B--Additional Measures Relating to Sanctions Against Iran
Sec. 211. Imposition of sanctions with respect to the provision of vessels or shipping
services to transport certain goods related to proliferation or terrorism
activities to Iran.
Sec. 212. Imposition of sanctions with respect to provision of underwriting services
or insurance or reinsurance for the National Iranian Oil Company or
the National Iranian Tanker Company.
Sec. 213. Imposition of sanctions with respect to purchase, subscription to, or facilitation
of the issuance of Iranian sovereign debt.
Sec. 214. Imposition of sanctions with respect to subsidiaries and agents of persons
sanctioned by United Nations Security Council resolutions.
Sec. 215. Imposition of sanctions with respect to transactions with persons sanctioned
for certain activities relating to terrorism or proliferation of
weapons of mass destruction.
Sec. 216.
Sec. 217.
Sec. 218.
Sec. 219.
Sec. 220.
Sec. 221.
Sec. 222.
Sec. 223.
Sec. 224.
H.R.1905-2
Expansion of, and reports on, mandatory sanctions with respect to financial
institutions that engage in certain activities relating to Iran.
Continuation in effect of sanctions with respect to the Government of
Iran, the Central Bank of Iran, and sanctions evaders.
Liability of parent companies for violations of sanctions by foreign subsidiaries.
Disclosures to the Securities and Exchange Commission relating to
sanctionable activities.
Reports on, and authorization of imposition of sanctions with respect to,
the provision of specialized financial messaging services to the Central
Bank of Iran and other sanctioned Iranian financial institutions.
Identification of, and immigration restrictions on, senior officials of the
Government of Iran and their family members.
Sense of Congress and rule of construction relating to certain authorities
of State and local governments.
Government Accountability Office report on foreign entities that invest in
the energy sector of Iran or export refined petroleum products to Iran.
Reporting on the importation to and exportation from Iran of crude oil
and refined petroleum products.
TITLE III-SANCTIONS WITH RESPECT TO IRAN'S REVOLUTIONARY GUARD
CORPS
Subtitle A-Identification of, and Sanctions With Respect to, Officials, Agents, Affiliates,
and Supporters of Iran's Revolutionary Guard Corps and Other Sanctioned
Persons
Sec. 301. Identification of, and imposition of sanctions with respect to, officials,
agents, and affiliates of Iran's Revolutionary Guard Corps.
Sec. 302. Identification of, and imposition of sanctions with respect to, persons that
support or conduct certain transactions with Iran's Revolutionary Guard
Corys or other sanctioned persons.
Sec. 303. Identification of, and imposition of measures with respect to, foreign government
agencies carrying out activities or transactions with certain
Iran-affiliated persons.
Sec. 304. Rule of construction.
Subtitle B-Additional Measures Relating to Iran's Revolutionary Guard Corps
Sec. 311. Expansion of procurement prohibition to foreign persons that engage in
certain transactions with Iran's Revolutionary Guard Corps.
Sec. 312. Determinations of whether the National Iranian Oil Company and the
National Iranian Tanker Company are agents or affiliates of Iran's Revolutionary
Guard Corps.
TITLE IV-MEASURES RELATING TO HUMAN RIGHTS ABUSES IN IRAN
Subtitle A-Expansion of Sanctions Relating to Human Rights Abuses in Iran
Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in
human rights ab.uses committed against citizens of Iran or their family
Sec. 402.
Sec. 403.
Sec. 411.
Sec. 412.
Sec. 413.
Sec. 414.
Sec. 415.
Sec. 501.
members after the June 12, 2009, elections in Iran.
Imposition of sanctions with respect to the transfer of goods or tech.
nologies to Iran that are likely to be used to commit human rights
abuses.
Imposition of sanctions with respect to persons who engage in censorship
or other related activities against citizens of Iran.
Subtitle B-Additional Measures to Promote Human Rights
Codification of sanctions with respect to grave human rights abuses by
the governments of Iran and Syria using information technology.
Clarification of sensitive technologies for purposes of procurement ban
under Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010.
Expedited consideration of requests for authorization of certain human
rights-, humanitarian-, and democracy-related activities with respect to
Iran.
Comprehensive strategy to promote Internet freedom and access to information
in Iran.
Statement of policy on political prisoners.
TITLE V-MISCELLANEOUS
Exclusion of citizens of Iran seeking education relating to the nuclear and
energy sectors of Iran.
H.R.1905-3
Sec. 502. Interests in certain financial assets of Iran.
Sec. 503. Technical correction to section 1245 of the National Defense Authorization
Act for Fiscal Year 2012.
Sec. 504. Expansion of sanctions under section 1245 of the National Defense Authorization
Act for Fiscal Year 2012.
Sec. 505. Reports on natural gas exports from Iran.
Sec. 506. Report on membership of Iran in international organizations.
Sec. 507. Sense of Congress on exportation of goods, services, and technologies for
aircraft produced in the United States.
TITLE VI-GENERAL PROVISIONS
Sec. 601. Implementation; penalties.
Sec. 602. Applicability to certain intelligence activities.
Sec. 603. Applicability to certain natural gas projects.
Sec. 604. Rule of construction with respect to use of force against Iran and Syria.
Sec. 605. Termination.
TITLE VII-SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES IN
SYRIA
Sec. 701. Short title.
Sec. 702. Imposition of sanctions with respect to certain persons who are responsible
for or complicit in human rights abuses committed against citizens
of Syria or their family members.
Sec. 703. Imposition of sanctions with respect to the transfer of goods or technologies
to Syria that are likely to be used to commit human rights
abuses.
Sec. 704. Imposition of sanctions with respect to persons who engage in censorship
or other forms of repression in Syria.
Sec. 705. Waiver.
Sec. 706. Termination.
SEC. 2. DEFINITIONS.
Except as otherwise specifically provided, in this Act:
(1) APPROPRIATE CONGRESSIONAL COMMI'ITEES.-The term
"appropriate congressional committees" has the meaning given
that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
(2) FINANCIAL TRANSACTION.-The term "financial transaction"
means any transfer of value involving a financial
institution, including the transfer of forwards, futures, options,
swaps, or precious metals, including gold, silver, platinum,
and palladium.
(3) KNOWINGLY.-The term ''knowingly" has the meaning
given that term in section 14 of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note).
(4) UNITED STATES PERSON.-The term "United States person"
has the meaning given that term in section 101 of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of2010 (22 U.S.C. 8511).
TITLE I-EXPANSION OF MULTILATERAL
SANCTIONS REGIME WITH RESPECT
TO IRAN
SEC. 101. SENSE OF CONGRESS ON ENFORCEMENT OF MULTILATERAL
SANCTIONS REGIME AND EXPANSION AND IMPLEMENTATION
OF SANCTIONS LAWS.
It is the sense of Congress that the goal of compelling Iran
to abandon efforts to acquire a nuclear weapons capability and
other threatening activities can be effectively achieved through
a comprehensive policy that includes economic sanctions, diplomacy,
H. R. 1905-45
with appropriate consideration for the national security
interests of the United States; and
(4) to publicly call for the release of Iranian dissidents
by name and raise awareness with respect to individual cases
of Iranian dissidents and prisoners of conscience, as appropriate
and if requested by the dissidents or prisoners themselves
or their families.
TITLE V-MISCELLANEOUS
SEC. 501. EXCLUSION OF CITIZENS OF IRAN SEEKING EDUCATION
RELATING TO THE NUCLEAR AND ENERGY SECTORS OF
IRAN.
(a) IN GENERAL.-The Secretary of State shall deny a visa
to, and the Secretary of Homeland Security shall exclude from
the United States, any alien who is a citizen of Iran that the
Secretary of State determines seeks to enter the United States
to participate in coursework at an institution of higher education
(as defined in section lOl(a) of the Higher Education Act of 1965
(20 U.S.C. lOOl(a))) to prepare the alien for a career in the energy
sector of Iran or in nuclear science or nuclear engineering or a
related field in Iran.
(b) APPLICABILITY.-Subsection (a) applies with respect to visa
. applications filed on or after the date of the enactment of this
Act.
SEC. 502. INTERESTS IN CERTAIN FINANCIAL ASSETS OF IR.AN.
(a) INTERESTS IN BLOCKED AsSETS.-
(1) IN GENERAL.-Subject to paragraph (2), notwithstanding
any other provision of law, including any provision of law
relating to sovereign immunity, and preempting any inconsistent
provision of State law, a financial asset that is-
(A) held in the United States for a foreign securities
intermediary doing business in the United States;
(B) a blocked asset (whether or not subsequently
unblocked) that is property described in subsection (b);
and
(C) equal in value to a financial asset of Iran, including
an asset of the central bank or monetary authority of
the Government of Iran or any agency or instrumentality
of that Government, that such foreign securities intermediary
or a related intermediary holds abroad,
shall be subject to execution or attachment in aid of execution
in order to satisfy any judgment to the extent of any compensatory
damages awarded against Iran for damages for personal
injury or death caused by an act of torture, extrajudicial killing,
aircraft sabotage, or hostage-taking, or the provision of material
support or resources for such an act.
(2) COURT DETERMINATION REQUIRED.-ln order to ensure
that Iran is held accouptable for paying the judgments
described in paragraph (];) and in furtherance of the broader
goals of this Act to. sanction Iran, prior to an award turning
over any asset pursuant to execution or attachment in aid
of execution with respect to any judgments against Iran
described in paragraph (1), the court shall determine whether
Iran holds equitable title to, or the beneficial interest in, the
H. R. 1905-46
assets described in subsection (b) and that no other person
possesses a constitutionally protected interest in the assets
described in subsection (b) under the Fifth Amendment to the
Constitution of the United States. To the extent the court
determines that a person other than Iran holds-
(A) equitable title to, or a beneficial interest in, the
assets described in subsection (b) (excluding a custodial
interest of a foreign securities intermediary or a related
intermediary that holds the assets abroad for the benefit
oflran); or
(B) a constitutionally protected interest in the assets
described in subsection (b),
such assets shall be available only for execution or attachment
in aid of execution to the extent of Iran's equitable title or
beneficial interest therein and to the extent such execution
or attachment does not infringe upon such constitutionally protected
interest.
(b) FINANCIAL AsSETS DESCRIBED.-The financial assets
described in this section are the financial assets that are identified
in and the subject of proceedings in the United States District
Court for the Southern District of New York in Peterson et al.
v. Islamic Republic of Iran et al., Case No. 10 Civ. 4518 (BSJ)
(GWG), that were restrained by restraining notices and levies
secured by the plaintiffs in those proceedings, as modified by court
order dated June 27, 2008, and extended by court orders dated
June 23, 2009, May 10, 2010, and June 11, 2010, so long as
such assets remain restrained by court order.
(c) RULES OF CONSTRUCTION.-Nothing in this section shall
be construed-
(1) to affect the availability, or lack thereof, of a right
to satisfy a judgment in any other action against a terrorist
party in any proceedings other than proceedings referred to
in subsection (b); or
(2) to apply to assets other than the assets described in
subsection (b), or to preempt State law, including the Uniform
Commercial Code, except as expressly provided in subsection
(a)(l).
(d) DEFINITIONS.-In this section:
(1) BLOCKED ASSET.-The term ''blocked asset"-
(A) means 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 section 202 or 203
of the International Emergency Economic Powers Act (50
U.S.C. 1701 and 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 the license has been specifically
required by a provision of law 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) is property subject to the Vienna Convention
on Diplomatic Relations or the Vienna Convention on
Consular Relations, or that enjoys equivalent privileges
H. R. 1905-47
and immunities under the laws of the United States,
and is being used exclusively for diplomatic or consular
purposes.
(2) FINANCIAL ASSET; SECURITIES INTERMEDIARY.-The
terms "financial asset" and "securities intermediary'' have the
meanings given those terms in the Uniform Commercial Code,
but the former includes cash.
(3) IRAN.-The term "Iran" means the Government of Iran,
including the central bank or monetary authority of that
Government and any agency or instrumentality of that Government.
(4) PERSON.-
(A) IN GENERAL.-The term "person" means an individual
or entity.
(B) ENTITY.-The term "entity'' means a partnership,
association, trust, joint venture, corporation, group, subgroup,
or other organization.
(5) TERRORIST PARTY.-The term "terrorist party" has the
meaning given that term in section 201(d) of the Terrorism
Risk Insurance Act of2002 (28 U.S.C. 1610 note).
(6) UNITED STATES.-The term ''United States" includes
all territory and waters, continental, or insular, subject to the
jurisdiction of the United States.
(e) TECHNICAL CHANGES TO THE FOREIGN SOVEREIGN IMMUNITIES
ACT.-
(1) TITLE 28, UNITED STATES CODE.-Section 1610 of title
28, United States Code, is amended-
(A) in subsection (a)(7), by inserting after "section
1605A'' the following: "or section 1605(a)(7) (as such section
was in effect on January 27, 2008)"; and
(B) in subsection (b)-
(i) in paragraph (2)-
(I) by striking "(5), 1605(b), or 1605A" and
inserting "(5) or 1605(b)"; and
(II) by striking the period at the end and
inserting " or"· and
(ii) by adding' after paragraph (2) the following:
"(3) the judgment relates to a claim for which the agency
or instrumentality is not immune by virtue of section 1605A
of this chapter or section 1605(a)(7) of this chapter (as such
section was in effect on January 27, 2008), regardless of
whether the property is or was involved in the act upon which
the claim is based.".
(2) TERRORISM RISK INSURANCE ACT OF 2002.-Section 201(a)
of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610
note) is amended by striking "section 1605(a)(7)" and inserting
"section 1605A or 1605(a)(7) (as such section was in effect
on January 27, 2008)".
SEC. 503. TECHNICAL CORRECTIONS TO SECTION 1245 OF THE
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL
YEAR2012.
(a) EXCEPTION FOR SALES OF AGRICULTURAL COMMODITIES.(
1) IN GENERAL.-Section 1245(d)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(2))
is amended28
U.S. Code Chapter 97
§ 1602. Findings and declaration of purpose, 28 USCA § 1602
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs &Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.C.A. § 1602
§ 1602. Findings and declaration of purpose
Currentness
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.
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct 21, 1976, 90 Stat 2892.)
Notes of Decisions (107)
28 U.S.C.A. § 1602, 28 USCA § 1602
Current through P.L. 114-143. Also includes P.L. 114-145, 114-146, 114-148, and 114-151 to 114-154.
End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works.
WESRAW © 2016 Thomson Reuters. No claim to original U.S. Government Works.
§ 1603. Definitions, 28 USCA § 1603
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs &Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
For purposes of this chapter--
28 U.S.C.A. § 1603
§ 1603. Definitions
Effective: February 18, 2005
Currentness
(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 (e) 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.
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct. 21, 1976, 90 Stat. 2892; amended Pub.L. 109-2, § 4(b)(2), Feb. 18, 2005, 119 Stat. 12.)
Notes of Decisions (375)
WESTlAW © 2016 Thomson Reuters. No claim to original U.S. Government Works.
§ 1604. Immunity of a foreign state from jurisdiction, 28 USCA § 1604
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs &Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.C.A. § 1604
§ 1604. Immunity of a foreign state from jurisdiction
Currentness
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.
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct. 21, 1976, 90 Stat. 2892.)
Notes of Decisions (156)
28 U.S.C.A. § 1604, 28 USCA § 1604
Current through P.L. 114-143. Also includes P.L. 114-145, 114-146, 114-148, and 114-151 to 114-154.
End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works.
Wl::SlLAW © 2016 Thomson Reuters. No claim to original U.S. Government Works.
§ 1605. General exceptions to the jurisdictional immunity of a ... , 28 USCA § 1605
KeyCite Yellow Flag - Negative Treatment
Proposed Legislation
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs &Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.C.A. § 1605
§ 1605. General exceptions to the jurisdictional immunity of a foreign state
Effective: January 28, 2008
Currentness
( 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; or
© 2016 Thomson Reuters. No claim to original U.S. Government Works.
§ 1605. General exceptions to the jurisdictional immunity ofa ... , 28 USCA § 1605
( 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 (I) of this subsection is otherwise applicable.
(7) Repealed. Pub.L. 110-181, Div. A,§ 1083(b)(l)(A)(iii), Jan. 28, 2008, 122 Stat. 341
(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 ofa 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)(l), the suit to enforce a maritime lien shall thereafter proceed and shall
be heard and determined according to the principles oflaw 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)(l). 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 section 31301 of title 46. Such action shall be brought, heard, and determined in accordance
with the provisions of chapter 313 of title 46 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), (f) Repealed. Pub.L. 110-181, Div. A, Title X, § 1083(b)(l)(B), Jan. 28, 2008, 122 Stat. 341
© 2016 Thomson Reuters. No claim to original U.S. Government Works. 2
§ 1605. General exceptions to the jurisdictional immunity of a ... , 28 USCA § 1605
(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
section 1605A, 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 (I) after the
date that is IO 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.
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct. 21, 1976, 90 Stat. 2892; amended Pub.L. 100-640, § 1, Nov. 9, 1988, 102 Stat. 3333;
Pub.L. 100-669, § 2, Nov. 16, 1988, 102 Stat. 3969; Pub.L. 101-650, Title III,§ 325(b)(8), Dec. 1, 1990, 104 Stat. 5121; Pub.L.
104-132, Title II,§ 221(a), Apr. 24, 1996, 110 Stat. 1241; Pub.L. 105-11, Apr. 25, 1997, 111 Stat. 22; Pub.L. 107-77, Title VI,
WESllAW © 2016 Thomson Reuters. No claim to original U.S. Government Works. 3
§ 1605A. Terrorism exception to the jurisdictional immunity of a ... , 28 USCA § 1605A
KeyCite Yellow Flag - Negative Treatment
Unconstitutional or Preempted Prior Version Preempted by Martinez v. Republic of Cuba, S.D.N.Y., Feb. 01, 2016
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs &Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.C.A. § 1605A
§ 1605A. Terrorism exception to the jurisdictional immunity of a foreign state
Effective: January 28, 2008
Currentness
(a) In general.--
(1) No immunity.--A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States
in any case not otherwise covered by this chapter 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 for such an act if such act or provision of material support or resources 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.
(2) Claim heard.--The court shall hear a claim under this section if--
(A)(i)(I) the foreign state was designated as a state sponsor of terrorism at the time the act described in paragraph (I)
occurred, or was so designated as a result of such act, and, subject to subclause (II), either remains so designated when
the claim is filed under this section or was so designated within the 6-month period before the claim is filed under this
section; or
(II) in the case of an action that is refiled under this section by reason of section 1083(c)(2)(A) of the National Defense
Authorization Act for Fiscal Year 2008 or is filed under this section by reason of section 1083(c)(3) of that Act, the foreign
state was designated as a state sponsor of terrorism when the original action or the related action under section 1605( a )(7)
(as in effect before the enactment of this section) or section 589 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997 (as contained in section lOl(c) of division A of Public Law 104-208) was filed;
(ii) the claimant or the victim was, at the time the act described in paragraph ( 1) occurred--
(I) a national of the United States;
(II) a member of the armed forces; or
Wl::'.SilAW © 2016 Thomson Reuters. No claim to original U.S. Government Works.
§ 1605A. Terrorism exception to the jurisdictional immunity of a ... , 28 USCA § 1605A
(III) otherwise an employee of the Government of the United States, or of an individual performing a contract awarded
by the United States Government, acting within the scope of the employee's employment; and
(iii) in a case in which the act occurred in the foreign state against which the claim has been brought, the claimant has
afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with the accepted international
rules of arbitration; or
(B) the act described in paragraph (1) is related to Case Number 1 :00CV03 l l 0 (EGS) in the United States District Court
for the District of Columbia.
(b) Limitations.--An action may be brought or maintained under this section if the action is commenced, or a related action was
commenced under section 1605(a)(7) (before the date of the enactment of this section) or section 589 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section l0l(c) of division A of Public Law
104-208) not later than the latter of--
(1) 10 years after April 24, 1996; or
(2) 10 years after the date on which the cause of action arose.
(c) Private right of action.--A foreign state that is or was a state sponsor of terrorism as described in subsection (a)(2)(A)
(i), and any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment,
or agency, shall be liable to--
(1) a national of the United States,
(2) a member of the armed forces,
(3) an employee of the Government of the United States, or of an individual performing a contract awarded by the United
States Government, acting within the scope of the employee's employment, or
(4) the legal representative of a person described in paragraph (I), (2), or (3),
for personal injury or death caused by acts described in subsection (a) ( 1) of that foreign state, or of an official, employee, or
agent of that foreign state, for which the courts of the United States may maintain jurisdiction under this section for money
damages. In any such action, damages may include economic damages, solatium, pain and suffering, and punitive damages. In
any such action, a foreign state shall be vicariously liable for the acts of its officials, employees, or agents.
(d) Additional damages.--After an action has been brought under subsection (c), actions may also be brought for reasonably
foreseeable property loss, whether insured or uninsured, third party liability, and loss claims under life and property insurance
policies, by reason of the same acts on which the action under subsection (c) is based.
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§ 1605A. Terrorism exception to the jurisdictional immunity of a ... , 28 USCA § 1605A
(e) Special masters.--
(1) In general.--The courts of the United States may appoint special masters to hear damage claims brought under this section.
(2) Transfer of funds.--The Attorney General shall transfer, from funds available for the program under section 1404C of
the Victims of Crime Act of 1984 (42 U.S.C. 10603c), to the Administrator of the United States district court in which any
case is pending which has been brought or maintained under this section such funds as may be required to cover the costs of
special masters appointed under paragraph (1 ). Any amount paid in compensation to any such special master shall constitute
an item of court costs.
(t) Appeal.--In an action brought under this section, appeals from orders not conclusively ending the litigation may only be
taken pursuant to section 1292(b) of this title.
(g) Property disposition.--
(1) In general.--In every action filed in a United States district court in which jurisdiction is alleged under this section, the
filing of a notice of pending action pursuant to this section, to which is attached a copy of the complaint filed in the action,
shall have the effect of establishing a lien of !is pendens upon any real property or tangible personal property that is--
(A) subject to attachment in aid of execution, or execution, under section 161 O;
(B) located within that judicial district; and
(C) titled in the name of any defendant, or titled in the name of any entity controlled by any defendant if such notice
contains a statement listing such controlled entity.
(2) Notice.--A notice of pending action pursuant to this section shall be filed by the clerk of the district court in the same
manner as any pending action and shall be indexed by listing as defendants all named defendants and all entities listed as
controlled by any defendant.
(3) Enforceability.--Liens established by reason of this subsection shall be enforceable as provided in chapter 111 of this title.
(h) Definitions.--For purposes of this section--
(1) 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;
(2) the term "hostage taking" has the meaning given that term in Article 1 of the International Convention Against the Taking
of Hostages;
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§ 1605A. Terrorism exception to the jurisdictional immunity of a ... , 28 USCA § 1605A
(3) the term "material support or resources" has the meaning given that term in section 2339A of title 18;
( 4) the term "armed forces" has the meaning given that term in section 101 of title 1 0;
(5) the term "national of the United States" has the meaning given that term in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 110l(a)(22));
( 6) the term "state sponsor of terrorism" means a country the government of which the Secretary of State has determined,
for purposes of section 6G) of the Export Administration Act of 1979 (50 U.S.C. App. 2405G)), section 620A of the Foreign
AssistanceActofl961 (22 U.S.C. 2371), section40 oftheArms Export Control Act (22 U.S.C. 2780), or any other provision
of law, is a government that has repeatedly provided support for acts of international terrorism; and
(7) the terms "torture" and "extrajudicial killing" have the meaning given those terms in section 3 of the Torture Victim
Protection Act of 1991 (28 U.S.C. 1350 note).
CREDIT(S)
(Added Pub.L. 110-181, Div. A, Title X, § 1083(a)(l}, Jan. 28, 2008, 122 Stat. 338.)
Notes of Decisions (280)
28 U.S.C.A. § 1605A, 28 USCA § 1605A
CurrentthroughP.L.114-143.AlsoincludesP.L.114-145, 114-146, 114-148,and 114-151 to 114-154.
End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works.
© 2016 Thomson Reuters. No claim to original U.S. Government Works. 4
§ 1606. Extent of liability, 28 USCA § 1606
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs &Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.C.A. § 1606
§ 1606. μtent ofliability
Effective:November26,2002
Currentness
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
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub.L. 105-277, Div. A,§ lOl(h) [Title I,§ l l 7(b)],
Oct 21, 1998, 112 Stat. 2681--491; Pub.L. 106-386, Div. C, § 2002(t)(2), Oct. 28, 2000, 114 Stat 1543; Pub.L. 107-297, Title
II,§ 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.)
Notes of Decisions (105)
28 U.S.C.A. § 1606, 28 USCA § 1606
Current through P.L. 114-143. Also includes P.L. 114-145, 114-146, 114-148, and 114-151 to 114-154.
End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works.
© 2016 Thomson Reuters. No claim to original U.S. Government Works.
§ 1607. Counterclaims, 28 USCA § 1607
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs &Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.C.A. § 1607
§ 1607. Counterclaims
Effective: January 28, 2008
Currentness
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 or 1605A 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.
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub.L. 110-181, Div. A, Title X, § 1083(b)(2), Jan.
28, 2008, 122 Stat. 341.)
Notes of Decisions (12)
28 U.S.C.A. § 1607, 28 USCA § 1607
Current through P.L. 114-143. Also includes P.L. 114-145, 114-146, 114-148, and 114-151 to 114-154.
End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works.
WfSTtAW © 2016 Thomson Reuters. No claim to original U.S. Government Works.
§ 1608. Service; time to answer; default, 28 USCA § 1608
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs &Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.C.A. § 1608
§ 1608. Service; time to answer; default
Currentness
(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 ofa 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 ofa 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
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§ 1608. Service; time to answer; default, 28 USCA § 1608
(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.
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct. 21, 1976, 90 Stat. 2894.)
Notes of Decisions (252)
28 U.S.C.A. § 1608, 28 USCA § 1608
Current through P.L. 114-143. Also includes P.L. 114-145, 114-146, 114-148, and 114-151 to 114-154.
End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works.
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§ 1609. Immunity from attachment and execution of property of a ... , 28 USCA § 1609
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs &Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.C.A § 1609
§ 1609. Immunity from attachment and execution of property of a foreign state
Currentness
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.
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct. 21, 1976, 90 Stat. 2895.)
Notes of Decisions (14)
28 U.S.C.A. § 1609, 28 USCA § 1609
Current through P.L. 114-143. Also includes P.L. 114-145, 114-146, 114-148, and 114-151 to 114-154.
End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works.
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§ 1610. Exceptions to the immunity from attachment or execution, 28 USCA § 1610
KeyCite Yellow Flag - Negative Treatment
Proposed Legislation
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annos)
Part IV. Jurisdiction and Venue (Refs & Annos)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.CA. § 1610
§ 1610. Exceptions to the immunity from attachment or execution
Effective: August 10, 2012
Currentness
(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
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§ 1610. Exceptions to the immunity from attachment or execution, 28 USCA § 1610
(7) the judgment relates to a claim for which the foreign state is not immune under section 1605A or section 1605(a)(7) (as
such section was in effect on January 27, 2008), 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 l 605(a) (2),
(3), or (5) or 1605(b) of this chapter, regardless of whether the property is or was involved in the act upon which the claim
is based, or
(3) the judgment relates to a claim for which the agency or instrumentality is not immune by virtue of section 1605A of this
chapter or section 1605(a)(7) of this chapter (as such section was in effect on January 27, 2008), 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).
(t)(l)(A) Notwithstanding any other provision oflaw, including but not limited to section 208(f) of the Foreign Missions Act
(22U.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
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§ 1610. Exceptions to the immunity from attachment or execution, 28 USCA § 1610
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) (as in effect before the
enactment of section 1605A) or section 1605A.
(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) (as in effect before the enactment of section 1605A) or section 1605A, 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.
(g) Property in certain actions.--
(1) In general.--Subject to paragraph (3), the property of a foreign state against which a judgment is entered under section
1605A, and the property of an agency or instrumentality of such a state, including property that is a separate juridical entity
or is an interest held directly or indirectly in a separate juridical entity, is subject to attachment in aid of execution, and
execution, upon that judgment as provided in this section, regardless of--
(A) the level of economic control over the property by the government of the foreign state;
(B) whether the profits of the property go to that government;
(C) the degree to which officials of that government manage the property or otherwise control its daily affairs;
(D) whether that government is the sole beneficiary in interest of the property; or
(E) whether establishing the property as a separate entity would entitle the foreign state to benefits in United States courts
while avoiding its obligations.
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§ 1610. Exceptions to the immunity from attachment or execution, 28 USCA § 1610
(2) United States sovereign immunity inapplicable.--Any property of a foreign state, or agency or instrumentality of a
foreign state, to which paragraph (1) applies shall not be immune from attachment in aid of execution, or execution, upon a
judgment entered under section 1605A because the property is regulated by the United States Government by reason of action
taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act.
(3) Third-party joint property holders.--Nothing in this subsection shall be construed to supersede the authority of a court
to prevent appropriately the impairment of an interest held by a person who is not liable in the action giving rise to a judgment
in property subject to attachment in aid of execution, or execution, upon such judgment.
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct. 21, 1976, 90 Stat. 2896; amended Pub.L. 100-640, § 2, Nov. 9, 1988, 102 Stat. 3333;
Pub.L. 100-669, § 3, Nov. 16, 1988, 102 Stat. 3969; Pub.L. 101-650, Title III, § 325(b )(9), Dec. 1, 1990, 104 Stat. 5121; Pub.L.
104-132, Title II,§ 221(b), Apr. 24, 1996, 110 Stat. 1243; Pub.L. 105-277, Div. A,§ lOl(h) [Title I,§ 117(a)], Oct. 21, 1998,
112 Stat. 2681-491; Pub.L. 106-386, Div. C, § 2002(g)(l), Oct. 28, 2000, 114 Stat. 1543; Pub.L. 107-297, Title II,§ 201(c)(3),
Nov. 26, 2002, 116 Stat. 2337; Pub.L. 110-181, Div. A, Title X, § 1083(b)(3), Jan. 28, 2008, 122 Stat. 341; Pub.L. 112-158,
Title V, § 502(e)(l), Aug. IO, 2012, 126 Stat. 1260.)
Notes of Decisions (180)
28 U.S.C.A. § 1610, 28 USCA § 1610
Current through P.L. 114-143. Also includes P.L. 114-145, 114-146, 114-148, and 114-151 to 114-154.
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§ 1611. Certain types of property immune from execution, 28 USCA § 1611
• KeyCite Red Flag - Severe Negative Treatment
Unconstitutional or Preempted Recognized as Repealed by Implication Weininger v. Castro, S.D.N.Y., Nov. 17, 2006
KeyCite Yellow Flag - Negative Treatment Proposed Legislation
United States Code Annotated
Title 28. Judiciary and Judicial Procedure (Refs & Annas)
Part IV. Jurisdiction and Venue (Refs &Annas)
Chapter 97. Jurisdictional Immunities of Foreign States
28 U.S.C.A. § 1611
§ 1611. Certain types of property immune from execution
Effective: August 1, 1996
Currentness
(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
(LIBERT AD) Act of 1996 to the extent that the property is a facility or installation used by an accredited diplomatic mission
for official purposes.
CREDIT(S)
(Added Pub.L. 94-583, § 4(a), Oct. 21, 1976, 90 Stat. 2897; amended Pub.L. 104-114, Title III,§ 302(e), Mar. 12, 1996,
110 Stat. 818.)
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§ 1611. Certain types of property immune from execution, 28 USCA § 1611
Notes of Decisions (16)
28 U.S.C.A. § 1611, 28 USCA § 1611
Current through P.L. 114-143. Also includes P.L. 114-145, 114-146, 114-148, and 114-151 to 114-154.
End of Document (8 2016 Thomson Reuters. No claim to original U.S. Government Works.
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