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28 U.S.C. § 1604 — Immunity of a foreign state from jurisdiction
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.
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Source location: Title 28, Chapter 97, § 1604; chapter-097-jurisdictional-immunities-of-foreign-states.md
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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.
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 422
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1603
of this title, amending sections 1332, 1391, and 1441 of
this title, and enacting provisions set out as notes
under this section and section 1 of this title] shall take
effect ninety days after the date of its enactment [Oct.
21, 1976].’’
SHORT TITLE
For short title of Pub. L. 94–583 as the ‘‘Foreign Sov-
ereign Immunities Act of 1976’’, see section 1 of Pub. L.
94–583, set out as a Short Title of 1976 Amendments
note under section 1 of this title.
SEPARABILITY
Pub. L. 94–583, § 7, Oct. 21, 1976, 90 Stat. 2898, provided
that: ‘‘If any provision of this Act [enacting this chap-
ter and section 1330 of this title, amending sections
1332, 1391, and 1441 of this title, and enacting provisions
set out as notes under this section and section 1 of this
title] or the application thereof to any foreign state is
held invalid, the invalidity does not affect other provi-
sions or applications of the Act which can be given ef-
fect without the invalid provision or application, and
to this end the provisions of this Act are severable.’’
§ 1603. Definitions
For purposes of this chapter—
(a) A ‘‘foreign state’’, except as used in sec-
tion 1608 of this title, includes a political sub-
division of a foreign state or an agency or in-
strumentality of a foreign state as defined in
subsection (b).
(b) An ‘‘agency or instrumentality of a for-
eign state’’ means any entity—
(1) which is a separate legal person, cor-
porate 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 sub-
division thereof, and
(3) which is neither a citizen of a State of
the United States as defined
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