Page:Republic of Sudan v. Rick Harrison.pdf/5

2 in federal district courts. §1330(a). The FSIA also provides for personal jurisdiction “where service has been made under section 1608.” §1330(b).

Section 1608(a) governs service of process on “a foreign state or political subdivision of a foreign state.” §1608(a); Fed. Rule Civ. Proc. 4(j)(1). In particular, it sets out in hierarchical order the following four methods by which “[s]ervice… shall be made.” 28 U. S. C. §1608(a). The first method is 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.” §1608(a)(1). “[I]f no special arrangement exists,” service may be made by the second method, namely, delivery of a copy of the summons and complaint “in accordance with an applicable international convention on service of judicial documents.” §1608(a)(2). If service is not possible under either of the first two methods, the third method, which is the one at issue in this case, may be used. This method calls for

"“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.” §1608(a)(3) (emphasis added)."

Finally, if service cannot be made within 30 days under §1608(a)(3), service may be effected by sending the service packet “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,” for transmittal “through diplomatic channels to the foreign state.” §1608(a)(4).

Once served, a foreign state or political subdivision has 60 days to file a responsive pleading. §1608(d). If the