Page:United States Statutes at Large Volume 90 Part 2.djvu/1429

 PUBLIC LAW 94-583—OCT. 21, 1976

90 STAT. 2897

"(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 28 USC 1611. " (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 22 USC 288 note, 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." (b) That the analysis of "PART IV.—JURISDICTION AND VENITE" of title 28, United States Code, is amended by inserting after— "95. Customs Court.",

the following new item: "97. Jurisdictional Immunities of Foreign States.".

SEC. 5. That section 1391 of title 28, United States Code, is amended Venue, by adding at the end thereof the following new subsection: "(f) A civil action against a foreign state as defined in section 1603 (a) of this title may be brought— "(1) in any judicial district in which a substantial part of the events or omissions giving ris6 to the claim occurred, or a substantial part of property that is the subject of the action is situated; "(2) in any judicial district in which the vessel or cargo of a foreign state is situated, if the claim is asserted under section 1605(b) of this title;

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