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28 U.S.C. § 1603 — Definitions

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

28 U.S.C. § 1603 — Definitions

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.

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Source file: Laws/federal/codes/united-states-code/title-28/section-1603-definitions--5b898a1c94.md
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Source location: Title 28, Chapter 97, § 1603; chapter-097-jurisdictional-immunities-of-foreign-states.md

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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.

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1608

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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. § 1332 — Diversity of citizenship; amount in controversy; costs

**(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

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

18 U.S.C. § 2333 — Civil remedies

**(a) Action and Jurisdiction.—** Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees. **(b) Estoppel Under United States Law.—** A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 1116, 1201, 1203, or 2332 of this title or section 46314, 46502, 46505, or 46506 of title 49 shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. **(c) Estoppel Under Foreign Law.—** A final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall, to the extent that such judgment or decree may be accorded full faith and credit under the law of the United States, estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. **(d) Liability.—** (1) **Definition.—** — In this subsection, the term “person” has the meaning given the term in [section 1 of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim). (2) **Liability.—** — In an action under subsection (a) for an injury arising from an act of international terrorism committed, planned, or authorized by an organization that had been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ([8 U.S.C. 1189](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section118

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2333

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

22 U.S.C. § 9424 — Definitions

In this chapter: (1) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) **Foreign person** — The term “foreign person”— (A) means an individual or entity that is not a United States person; and (B) includes a foreign state (as such term is defined in [section 1603 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603&num=0&edition=prelim)). (3) **Government of Iran** — The term “Government of Iran” has the meaning given such term in section 560.304 of title 31, Code of Federal Regulations, as such section was in effect on January 1, 2021. (4) **United States person** — The terms “United States person” means— (A) a United States citizen; (B) a permanent resident alien of the United States; (C) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (D) a person in the United States. (5) **Iran-aligned entity** — The term “Iran-aligned entity” means a foreign person that— (A) is controlled or significantly influenced by the Government of Iran; and (B) knowingly receives material or financial support from the Government of Iran, including Hezbollah, the Houthis, or any other proxy group that furthers Iran’s national security objectives. (6) **Covered technology** — The term “covered technology” means— (A) any goods, technology, software, or related material specif

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9424

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

22 U.S.C. § 9611 — Definitions

In this chapter: (1) **Advancing income country** — The term “advancing income country”, with respect to a fiscal year for the Corporation, means a country the gross national income per capita of which at the start of such fiscal year is— (A) greater than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process; and (B) is equal to or less than the per capita income threshold for classification as a high-income economy (as defined by the World Bank). (2) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) **Country of concern** — The term “country of concern” means any of the following countries: (A) The Bolivarian Republic of Venezuela. (B) The Republic of Cuba. (C) The Democratic People’s Republic of Korea. (D) The Islamic Republic of Iran. (E) The People’s Republic of China. (F) The Russian Federation. (G) The Republic of Belarus. (4) **High-income country** — The term “high-income country”, with respect to a fiscal year for the Corporation, means a country with a high-income economy (as defined by the World Bank) at the start of such fiscal year but does not include any wealthy country except to the extent investments in such wealthy country are permitted pursuant to [section 9612(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9612/f&num=0&edition=prelim). (5) **Less developed country** — The term “less developed country”, with respect to a fiscal year for the Corporation, means

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

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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

28 U.S.C. § 1603 — Definitions

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

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1603

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