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28 U.S.C. § 1330 — Actions against foreign states

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1608&num=0&edition=prelim). **(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.

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Source file: Laws/federal/codes/united-states-code/title-28/section-1330-actions-against-foreign-states--e693a472fe.md
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Source location: Title 28, Chapter 85, § 1330; chapter-085-district-courts-jurisdiction.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1608&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1608 — Service; time to answer; default

**(a)** Service in the courts of the United States and of the States shall be made upon a foreign state or political subdivision of a foreign state: (1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the foreign state or political subdivision; or (2) if no special arrangement exists, by delivery of a copy of the summons and complaint in accordance with an applicable international convention on service of judicial documents; or (3) if service cannot be made under paragraphs (1) or (2), by sending a copy of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned, or (4) if service cannot be made within 30 days under paragraph (3), by sending two copies of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the Secretary of State in Washington, District of Columbia, to the attention of the Director of Special Consular Services—and the Secretary shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted. As used in this subsection, a “notice of suit” shall mean a notice addressed to a foreign state and in a form prescribed by the Secretary of State by regulation. **(b)** Service in the courts of

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1602 — Findings and declaration of purpose

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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1330 — Actions against foreign states

Page 363 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1331 1986—Pub. L. 99–336, § 6(a)(1)(A), June 19, 1986, 100 Stat. 638, renumbered item 1364 ‘‘Senate actions’’ and item 1364 ‘‘Construction of references to laws of the United States or Acts of Congress’’ as items 1365 and 1366, respectively. 1984—Pub. L. 98–353, title I, § 101(b), July 10, 1984, 98 Stat. 333, substituted ‘‘cases’’ for ‘‘matters’’ in item 1334. 1980—Pub. L. 96–486, § 2(b), Dec. 1, 1980, 94 Stat. 2369, struck out ‘‘; amount in controversy; costs.’’ after ‘‘question’’ in item 1331. 1978—Pub. L. 95–598, title II, § 238(b), Nov. 6, 1978, 92 Stat. 2668, directed the substitution of ‘‘Bankruptcy ap- peals’’ for ‘‘Bankruptcy matters and proceedings’’ in item 1334, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. Pub. L. 95–572, § 6(b)(2), Nov. 2, 1978, 92 Stat. 2457, added item 1363 and redesignated former item 1363 ‘‘Construction of references to laws of the United States or Acts of Congress’’, as 1364. Pub. L. 95–521, title VII, § 705(f)(2), Oct. 26, 1978, 92 Stat. 1880, added item 1364 ‘‘Senate actions’’. Pub. L. 95–486, § 9(c), Oct. 20, 1978, 92 Stat. 1634, sub- stituted ‘‘Commerce and antitrust regulations; amount in controversy, costs’’ for ‘‘Commerce and antitrust regulations’’ in item 1337. Pub. L. 95–393, §§ 7(b), 8(a)(2), Sept. 30, 1978, 92 Stat. 810, substituted ‘‘Consuls, vice consuls, and members of a diplomatic mission as defendant’’ for ‘‘Consuls and vice consuls as defendants’’ in item 1351 and added item 1364 ‘‘Direct actions against insurers of members of dip- lomatic missions and their families’’. 1976—Pub. L. 94–583, § 2(b), Oct.

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