Page:United States Statutes at Large Volume 90 Part 2.djvu/1424

 9 0 STAT. 2892

28 USC 1602.

28 USC 1603.

28 USC 1604.

28 USC 1605.

PUBLIC LAW 94-583—OCT. 21, 1976 "1607. Counterclaims. S-iJ. f; "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. F i n d i n g s and declaration of purpose "The Congress finds that the determination by United States courts of tl:e 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 defined in subsection (b). " (b) A n 'agency or instrumentality of a foreign state' means any entity— " (1) which is a separate legal person, corporate or otherwise, and " (2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and " (3) which is neither a citizen of a State of the United States as defined in section 1332(c) and (d) of this title, nor created under the laws of any third country. " (c) The 'United States' includes all territory and waters, continental or insular, subject to the jurisdiction of the United States. " (d) A 'commercial activity' means either a regular course of commercial conduct or a particular commercial transaction or act. The commercial character of an activity shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose. " (e) A 'commercial activity carried on in the United States by a foreign state' means commercial activity carried on by such state and having substantial contact with the United States. "§ 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

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