Page:United States Statutes at Large Volume 122.djvu/364

 12 2 STA T .34 1 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 ‘ ‘ (3)the te rm ‘m a ter i a lsup p o rt or resour c es ’ has the mea n in g gi v en that term in section 2 33 9A o f title 18; ‘‘( 4 ) the term ‘arme d forces’ has the meaning given that term in section 1 0 1 of title 10; ‘‘( 5 ) the term ‘national of the U nited S tates’ has the meaning given that term in section 101(a)(22) of the I mmigra - tion and N ationalit y Act(8U . S. C . 1101(a)(22)); ‘‘( 6 ) the term ‘state sponsor of terrorism’ means a country the government of w hich the Secretary of State has determined , for purposes of section 6( j ) of the Ex port Administration Act of 19 7 9 (50 U.S.C. App. 2405(j)), section 620A of the F oreign 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 provi- sion of law, is a government that has repeatedly provided support for acts of international terrorism; and ‘‘(7) the terms ‘torture’ and ‘extrajudicial k illing’ have the meaning given those terms in section 3 of the T orture V ictim P rotection Act of 1991 (28 U.S.C. 1350 note).’’. (2) A MEND MEN T T OCHAP TE R ANA LYSI S. — The ta b le of sec- tions 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.Ter r o r ism e xc e pt io n tot h e ju ris d iction al immunit y o f a forei g n state. ’ ’. (b) CON F ORMIN G AMENDMENTS.— (1) G ENERAL E X CEPTION.—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)(1)(A), by striking ‘‘but for sub- section (a)(7)’’ and inserting ‘‘but for section 1605A’’. (2) CO U NTERCLAIMS.—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 (1)(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 of—

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