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28 U.S.C. § 1602 — Findings and declaration of purpose
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.
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Stable record: federal_law:legal_authorities:record_usc_6dc56216256bfd588b051aed
Source file: Laws/federal/codes/united-states-code/title-28/section-1602-findings-and-declaration-of-purpose--14761e73fa.md
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Source location: Title 28, Chapter 97, § 1602; chapter-097-jurisdictional-immunities-of-foreign-states.md
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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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1330
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Federal law — U.S. Code and appendices · legal_authorities
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between—
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/a&num=0&edition=prelim), as plaintiff and citizens of a State or of different States.
**(b)** Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
**(c)** For the purposes of this section and [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1441&num=0&edition=prelim)—
(1) a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principa
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1332
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of Section.—** Except as otherwise provided by law—
(1) this section shall govern the venue of all civil actions brought in district courts of the United States; and
(2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature.
**(b) Venue in General.—** A civil action may be brought in—
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.
**(c) Residency.—** For all venue purposes—
(1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled;
(2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and
(3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1391
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally.—** Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.
**(b) Removal Based on Diversity of Citizenship.—**
(1) In determining whether a civil action is removable on the basis of the jurisdiction under [section 1332(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1332/a&num=0&edition=prelim), the citizenship of defendants sued under fictitious names shall be disregarded.
(2) A civil action otherwise removable solely on the basis of the jurisdiction under [section 1332(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1332/a&num=0&edition=prelim) may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.
**(c) Joinder of Federal Law Claims and State Law Claims.—**
(1) If a civil action includes—
(A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of [section 1331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1331&num=0&edition=prelim)), and
(B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute,
the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B).
(2) Upon removal of an action described in paragraph (1), the d
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1441
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
**(a)** A “foreign state”, except as used in [section 1608 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1608&num=0&edition=prelim), includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state as defined in subsection (b).
**(b)** An “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 (e) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1603
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1604
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Federal law — U.S. Code and appendices · legal_authorities
**(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 the waiver which the foreign state may purport to effect except in accordance with the terms of the waiver;
(2) in which the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States;
(3) in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States;
(4) in which rights in property in the United States acquired by succession or gift or rights in immovable property situated in the United States are in issue;
(5) not otherwise encompassed in paragraph (2) above, in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the sc
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1605
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Federal law — U.S. Code and appendices · legal_authorities
As to any claim for relief with respect to which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances; but a foreign state except for an agency or instrumentality thereof shall not be liable for punitive damages; if, however, in any case wherein death was caused, the law of the place where the action or omission occurred provides, or has been construed to provide, for damages only punitive in nature, the foreign state shall be liable for actual or compensatory damages measured by the pecuniary injuries resulting from such death which were incurred by the persons for whose benefit the action was brought.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1606
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Federal law — U.S. Code and appendices · legal_authorities
In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—
**(a)** for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or
**(b)** arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or
**(c)** to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1607
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