Page:United States Statutes at Large Volume 90 Part 2.djvu/1423

 PUBLIC LAW 94-583—OCT. 21, 1976

90 STAT. 285>1

Public Law 94-583 94th Congress An Act To define the jurisdiction of United States courts in suits against foreign states, the circumstances in which foreign states are immune from suit and in which execution may not be levied on their property, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the Foreign Sovereign Immunities Act of 1976". SEC. 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 this 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 has 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: "13.30. Action against foreign states.".

SEC. 3. That section 1332 of title 28, United States Code, is amended by striking subsections (a)(2) 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.". SEC. 4. (a) That title 28, United States Code, is amended by inserting after chapter 95 the following new chapter: "Chapter 97.—JURISDICTIONAL IMMUNITIES OF FOREIGN STATES "Sec. "1602. "1603. "1604. "1605. "1606.

Findings and declaration of purpose. Definitions. Immunity of a foreign state from jurisdiction. General exceptions to the jurisdictional immunity of a foreign state. Extent of liability.

Oct. 21, 1976 [H.R. 11315]'

Foreign Sovereign Immunities Act of 1976. 28 USC 1 note.

28 USC 1330. Jurisdiction, Post, p. 2892.

Post, p. 2894.

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