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28 U.S.C. § 1607 — Counterclaims
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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-1607-counterclaims--1b5e19acd9.md
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Source location: Title 28, Chapter 97, § 1607; chapter-097-jurisdictional-immunities-of-foreign-states.md
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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.
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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 433
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1607
(b) RESPONSIBILITY OF FOREIGN STATES.—A for-
eign state shall not be immune from the juris-
diction of the courts of the United States in any
case in which money damages are sought
against a foreign state for physical injury to
person or property or death occurring in the
United States and caused by—
(1) an act of international terrorism in the
United States; and
(2) a tortious act or acts of the foreign state,
or of any official, employee, or agent of that
foreign state while acting within the scope of
his or her office, employment, or agency, re-
gardless where the tortious act or acts of the
foreign state occurred.
(c) CLAIMS
BY
NATIONALS
OF
THE
UNITED
STATES.—Notwithstanding
section
2337(2)
of
title 18, a national of the United States may
bring a claim against a foreign state in accord-
ance with section 2333 of that title if the foreign
state would not be immune under subsection (b).
(d) RULE
OF CONSTRUCTION.—A foreign state
shall not be subject to the jurisdiction of the
courts of the United States under subsection (b)
on the basis of an omission or a tortious act or
acts that constitute mere negligence.
(Added Pub. L. 114–222, § 3(a), Sept. 28, 2016, 130
Stat. 853.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to any civil action pending on, or
commenced on or after, Sept. 28, 2016, and arising out
of an injury to a person, property, or business on or
after Sept. 11, 2001, see section 7 of Pub. L. 114–222, set
out as an Effective Date of 2016 Amendment note under
section 2333 of Title 18, Crimes and Criminal Procedure.
STAY OF ACTIONS PENDING STATE NEGOTIATIONS
Pub. L. 114–222, § 5, Sept. 28, 2016, 130 Stat. 854, pro-
vided that:
‘‘(a) EXCLUSI
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1607
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