Browse Arkansas Code titles and sections
28 U.S.C. § 1611 — Certain types of property immune from execution
Federal law — U.S. Code and appendices · legal_authorities
**(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 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.
**(c)** Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution in an action brought under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to the extent that the property is a facility or installation used by an accredited diplomatic mission for official purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1611
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: ff998b88f9e8f77656a1462e4136a55f159a5ee3ab50b0ff19897c774fb82e23. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_0c27d3e83fa357a2cdcea9f4
Source file: Laws/federal/codes/united-states-code/title-28/section-1611-certain-types-of-property-immune-from-execution--33530872cc.md
Pages: Not recorded – Not recorded
Passage SHA-256: 974773a202a02e2296a83b4bc6c39dd6c4c075912ce2d47bee6a338742021d17
Source location: Title 28, Chapter 97, § 1611; chapter-097-jurisdictional-immunities-of-foreign-states.md
Stored source content
**(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 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.
**(c)** Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution in an action brought under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to the extent that the property is a facility or installation used by an accredited diplomatic mission for official purposes.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Development projects and programs** The United States Special Resources shall be used to finance specific high priority development projects and programs in developing member countries of the Bank with emphasis on such projects and programs in the Southeast Asia region.
**(b) Authorized uses** The United States Special Resources shall be used by the Bank only for—
(1) making development loans on terms which may be more flexible and bear less heavily on the balance of payments than those established by the Bank for its ordinary operations; and
(2) providing technical assistance credits on a reimbursable basis.
**(c) Eligible goods and services**
(1) The United States Special Resources may be expended by the Bank only for procurement in the United States of goods produced in, or services supplied from the United States, except that the United States Governor, in consultation with the National Advisory Council on International Monetary and Financial Policies, may allow eligibility for procurement in other member countries from the United States Special Resources if he determines that such procurement eligibility would materially improve the ability of the Bank to carry out the objectives of its special funds resources and would be compatible with the international financial position of the United States.
(2) The United States Special Resources may be used to pay for administrative expenses arising from the use of the United States Special Resources, but only to the extent such expenses are not covered from the Bank’s service fee or income from use of United States Special Resources.
**(d) Repayment in dollars** All financing of programs and projects by the Bank from the United States Special Resources shall be repayable to the Bank by the borrowers in United S
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 288
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements** For the purposes of this chapter, a transition government in Cuba is a government that—
(1) has legalized all political activity;
(2) has released all political prisoners and allowed for investigations of Cuban prisons by appropriate international human rights organizations;
(3) has dissolved the present Department of State Security in the Cuban Ministry of the Interior, including the Committees for the Defense of the Revolution and the Rapid Response Brigades; and
(4) has made public commitments to organizing free and fair elections for a new government—
(A) to be held in a timely manner within a period not to exceed 18 months after the transition government assumes power;
(B) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and
(C) to be conducted under the supervision of internationally recognized observers, such as the Organization of American States, the United Nations, and other election monitors;
(5) has ceased any interference with Radio Marti or Television Marti broadcasts;
(6) makes public commitments to and is making demonstrable progress in—
(A) establishing an independent judiciary;
(B) respecting internationally recognized human rights and basic freedoms as set forth in the Universal Declaration of Human Rights, to which Cuba is a signatory nation;
(C) allowing the establishment of independent trade unions as set forth in conventions 87 and 98 of the International Labor Organization, and allowing the establishment of independent social, economic, and political association
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6082
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that the determination by United States courts of the 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1602
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings:
(1) Individuals enjoy a fundamental right to own and enjoy property which is enshrined in the United States Constitution.
(2) The wrongful confiscation or taking of property belonging to United States nationals by the Cuban Government, and the subsequent exploitation of this property at the expense of the rightful owner, undermines the comity of nations, the free flow of commerce, and economic development.
(3) Since Fidel Castro seized power in Cuba in 1959—
(A) he has trampled on the fundamental rights of the Cuban people; and
(B) through his personal despotism, he has confiscated the property of—
(i) millions of his own citizens;
(ii) thousands of United States nationals; and
(iii) thousands more Cubans who claimed asylum in the United States as refugees because of persecution and later became naturalized citizens of the United States.
(4) It is in the interest of the Cuban people that the Cuban Government respect equally the property rights of Cuban nationals and nationals of other countries.
(5) The Cuban Government is offering foreign investors the opportunity to purchase an equity interest in, manage, or enter into joint ventures using property and assets some of which were confiscated from United States nationals.
(6) This “trafficking” in confiscated property provides badly needed financial benefit, including hard currency, oil, and productive investment and expertise, to the current Cuban Government and thus undermines the foreign policy of the United States—
(A) to bring democratic institutions to Cuba through the pressure of a general economic embargo at a time when the Castro regime has proven to be vulnerable to international economic pressure; and
(B) to protect the claims of Unite
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6085
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to subsections (b) and (c), this subchapter and the amendments made by this subchapter shall take effect on August 1, 1996.
**(b) Suspension authority**
(1) **Suspension authority** — The President may suspend the effective date under subsection (a) for a period of not more than 6 months if the President determines and reports in writing to the appropriate congressional committees at least 15 days before such effective date that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.
(2) **Additional suspensions** — The President may suspend the effective date under subsection (a) for additional periods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspension is in effect under this subsection, if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.
**(c) Other authorities**
(1) **Suspension** — After this subchapter and the amendments of this subchapter have taken effect—
(A) no person shall acquire a property interest in any potential or pending action under this subchapter; and
(B) the President may suspend the right to bring an action under this subchapter with respect to confiscated property for a period of not more than 6 months if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the suspension takes effect that such suspension is necessary to the national interests of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6023
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Grounds for exclusion** The Secretary of State shall deny a visa to, and the Attorney General shall exclude from the United States, any alien who the Secretary of State determines is a person who, after March 12, 1996—
(1) has confiscated, or has directed or overseen the confiscation of, property a claim to which is owned by a United States national, or converts or has converted for personal gain confiscated property, a claim to which is owned by a United States national;
(2) traffics in confiscated property, a claim to which is owned by a United States national;
(3) is a corporate officer, principal, or shareholder with a controlling interest of an entity which has been involved in the confiscation of property or trafficking in confiscated property, a claim to which is owned by a United States national; or
(4) is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3).
**(b) Definitions** As used in this section, the following terms have the following meanings:
(1) **Confiscated; confiscation** — The terms “confiscated” and “confiscation” refer to—
(A) the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property—
(i) without the property having been returned or adequate and effective compensation provided; or
(ii) without the claim to the property having been settled pursuant to an international claims settlement agreement or other mutually accepted settlement procedure; and
(B) the repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure of the Cuban Government to pay—
(i) a debt of any enterprise which has been nationalized, expropriated, or otherwise taken by the Cuban Government;
(ii) a debt which is a charg
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6024
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings:
(1) The economy of Cuba has experienced a decline of at least 60 percent in the last 5 years as a result of—
(A) the end of its subsidization by the former Soviet Union of between 5 billion and 6 billion dollars annually;
(B) 36 years of communist tyranny and economic mismanagement by the Castro government;
(C) the extreme decline in trade between Cuba and the countries of the former Soviet bloc; and
(D) the stated policy of the Russian Government and the countries of the former Soviet bloc to conduct economic relations with Cuba on strictly commercial terms.
(2) At the same time, the welfare and health of the Cuban people have substantially deteriorated as a result of this economic decline and the refusal of the Castro regime to permit free and fair democratic elections in Cuba.
(3) The Castro regime has made it abundantly clear that it will not engage in any substantive political reforms that would lead to democracy, a market economy, or an economic recovery.
(4) The repression of the Cuban people, including a ban on free and fair democratic elections, and continuing violations of fundamental human rights, have isolated the Cuban regime as the only completely nondemocratic government in the Western Hemisphere.
(5) As long as free elections are not held in Cuba, the economic condition of the country and the welfare of the Cuban people will not improve in any significant way.
(6) The totalitarian nature of the Castro regime has deprived the Cuban people of any peaceful means to improve their condition and has led thousands of Cuban citizens to risk or lose their lives in dangerous attempts to escape from Cuba to freedom.
(7) Radio Marti and Television Marti have both been effective vehicles for providing the
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6031
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the following terms have the following meanings:
(1) **Agency or instrumentality of a foreign state** — The term “agency or instrumentality of a foreign state” has the meaning given that term in [section 1603(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/b&num=0&edition=prelim).
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(3) **Commercial activity** — The term “commercial activity” has the meaning given that term in [section 1603(d) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/d&num=0&edition=prelim).
(4) **Confiscated** — As used in subchapters I and III, the term “confiscated” refers to—
(A) the nationalization, expropriation, or other seizure by the Cuban Government of ownership or control of property, on or after January 1, 1959—
(i) without the property having been returned or adequate and effective compensation provided; or
(ii) without the claim to the property having been settled pursuant to an international claims settlement agreement or other mutually accepted settlement procedure; and
(B) the repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure of the Cuban Government to pay, on or after January 1, 1959—
(i) a debt of any enterprise which has been nationalized, expropriated, or otherwise taken by the Cuban Government;
(ii) a debt which is a charge on property nationalized, expropriated, or otherwise taken by the Cu
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6033
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil remedy**
(1) **Liability for trafficking**
(A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this subchapter, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of—
(i) the amount which is the greater of—
(I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949 [[22 U.S.C. 1621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1621&num=0&edition=prelim) et seq.], plus interest;
(II) the amount determined under [section 6083(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6083/a/2&num=0&edition=prelim), plus interest; or
(III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and
(ii) court costs and reasonable attorneys’ fees.
(B) Interest under subparagraph (A)(i) shall be at the rate set forth in [section 1961 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1961&num=0&edition=prelim), computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection.
(2) **Presumption in favor of the certified claims** — There shall be a presumption that the amount for which a person is liable under clause (i) of paragraph (1)(A) is the amount that is certified as d
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6091
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 438
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1611
the President to waive the requirements of section
101(h) [title I, § 117] of Pub. L. 105–277, which amended
this section and section 1606 of this title and enacted
provisions set out as a note above, in the interest of na-
tional security, was repealed by Pub. L. 106–386, div. C,
§ 2002(g)(2), formerly § 2002(f)(2), Oct. 28, 2000, 114 Stat.
1543, renumbered § 2002(g)(2), Pub. L. 107–297, title II,
§ 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.
Executive Documents
DETERMINATION TO WAIVE ATTACHMENT PROVISIONS RE-
LATING
TO
BLOCKED
PROPERTY
OF
TERRORIST-LIST
STATES
Determination of President of the United States, No.
99–1, Oct. 21, 1998, 64 F.R. 59201, which provided for
waiver of requirements of section 101(h) [title I, § 117(b)]
of div. A of Pub. L. 105–277, relating to blocked property
of terrorist-list states, was superseded by Determina-
tion of President of the United States, No. 2001–3, Oct.
28, 2000, 65 F.R. 66483, set out below.
Determination of President of the United States, No.
2001–3, Oct. 28, 2000, 65 F.R. 66483, provided:
Memorandum for the Secretary of State [and] the
Secretary of the Treasury
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including section 2002(f) [now 2002(g)] of H.R. 3244, ‘‘Vic-
tims of Trafficking and Violence Protection Act of
2000,’’ (approved October 28, 2000) [section 2002(g) of
Pub. L. 106–386, amending this section and section 1606
of this title and repealing provisions set out as a note
above], I hereby determine that subsection (f)(1) of sec-
tion 1610 of title 28, United States Code, which provides
that any property with respect to which financial
transactions are prohibited or regulated
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1611
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.