18 U.S.C. § 2334 — Jurisdiction and venue

Page 600 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2334 basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and for- eign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States.’’ EFFECT ON FOREIGN SOVEREIGN IMMUNITIES ACT Pub. L. 114–222, § 4(b), Sept. 28, 2016, 130 Stat. 854, pro- vided that: ‘‘Nothing in the amendment made by this section [amending this section] affects immunity of a foreign state, as that term is defined in section 1603 of title 28, United States Code, from jurisdiction under other law.’’ SPECIAL RULE RELATING TO CERTAIN ACTS OF INTERNATIONAL TERRORISM Pub. L. 112–239, div. A, title XII, § 1251(c), Jan. 2, 2013, 126 Stat. 2017, provided that: ‘‘Notwithstanding section 2335 of title 18, United States Code, as amended by sub- section (a), a civil action under section 2333 of such title resulting from an act of international terrorism that occurred on or after September 11, 2001, and before the date that is 4 years before the date of the enact- ment of this Act [Jan. 2, 2013], may be maintained if the civil action is commenced during the 6-year period beginning on such date of enactment.’’ § 2334. Jurisdiction and venue (a) GENERAL VENUE.—Any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district where any plaintiff re- sides or where any defendant resides or is served, or has an agent. Process in such a civil action may be served in any district where the defendant resides, is found, or has an agent. (b) SPECIAL MARITIME OR TERRITORIAL JURIS- DICTION.—If the actions giving rise to the claim occurred within the special maritime and terri- torial jurisdiction of the United States, as de- fined in section 7 of this title, then any civil ac- tion under section 2333 of this title against any person may be instituted in the district court of the United States for any district in which any plaintiff resides or the defendant resides, is served, or has an agent. (c) SERVICE ON WITNESSES.—A witness in a civil action brought under section 2333 of this title may be served in any other district where the defendant resides, is found, or has an agent. (d) CONVENIENCE OF THE FORUM.—The district court shall not dismiss any action brought under section 2333 of this title on the grounds of the inconvenience or inappropriateness of the forum chosen, unless— (1) the action may be maintained in a for- eign court that has jurisdiction over the sub- ject matter and over all the defendants; (2) that foreign court is significantly more convenient and appropriate; and (3) that foreign court offers a remedy which is substantially the same as the one available in the courts of the United States. (e) CONSENT OF CERTAIN PARTIES TO PERSONAL JURISDICTION.— (1) IN GENERAL.—Except as provided in para- graph (2), for purposes of any civil action under section 2333 of this title, a defendant shall be deemed to have consented to personal jurisdiction in such civil action if, regardless of the date of the occurrence of the act of international terrorism upon which such civil action was filed, the defendant— (A) after the date that is 120 days after the date of the enactment of the Promoting Se- curity and Justice for Victims of Terrorism Act of 2019, makes any payment, directly or indirectly— (i) to any payee designated by any indi- vidual who, after being fairly tried or pleading guilty, has been imprisoned for committing any act of terrorism that in- jured or killed a national of the United States, if such payment is made by reason of such imprisonment; or (ii) to any family member of any indi- vidual, following such individual’s death while committing an act of terrorism that injured or killed a national of the United States, if such payment is made by reason of the death of such individual; or (B) after 15 days after the date of enact- ment of the Promoting Security and Justice for Victims of Terrorism Act of 2019— (i) continues to maintain any office, headquarters, premises, or other facilities or establishments in the United States; (ii) establishes or procures any office, headquarters, premises, or other facilities or establishments in the United States; or (iii) conducts any activity while phys- ically present in the United States on be- half of the Palestine Liberation Organiza- tion or the Palestinian Authority. (2) APPLICABILITY.—Paragraph (1) shall not apply to any defendant who ceases to engage in the conduct described in paragraphs (1)(A) and (1)(B) for 5 consecutive calendar years. Ex- cept with respect to payments described in paragraph (1)(A), no court may consider the receipt of any assistance by a nongovern- mental organization, whether direct or indi- rect, as a basis for consent to jurisdiction by a defendant. (3) EXCEPTION FOR CERTAIN ACTIVITIES AND LOCATIONS.—In determining whether a defend- ant shall be deemed to have consented to per- sonal jurisdiction under paragraph (1)(B), no court may consider— (A) any office, headquarters, premises, or other facility or establishment used exclu- sively for the purpose of conducting official business of the United Nations; (B) any activity undertaken exclusively for the purpose of conducting official busi- ness of the United Nations; (C) any activity involving officials of the United States that the Secretary of State determines is in the national interest of the United States if the Secretary reports to the appropriate congressional committees annu- ally on the use of the authority under this subparagraph; (D) any activity undertaken exclusively for the purpose of meetings with officials of the United States or other foreign govern- ments, or participation in training and re- lated activities funded or arranged by the United States Government; (E) any activity related to legal represen- tation— Page 601 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2335 (i) for matters related to activities de- scribed in this paragraph; (ii) for the purpose of adjudicating or re- solving claims filed in courts of the United States; or (iii) to comply with this subsection; or (F) any personal or official activities con- ducted ancillary to activities listed under this paragraph. (4) RULE OF CONSTRUCTION.—Notwithstanding any other law (including any treaty), any of- fice, headquarters, premises, or other facility or establishment within the territory of the United States that is not specifically exempt- ed by paragraph (3)(A) shall be considered to be in the United States for purposes of para- graph (1)(B). (5) DEFINED TERM.—In this subsection, the term ‘‘defendant’’ means— (A) the Palestinian Authority; (B) the Palestine Liberation Organization; (C) any organization or other entity that is a successor to or affiliated with the Pales- tinian Authority or the Palestine Liberation Organization; or (D) any organization or other entity that— (i) is identified in subparagraph (A), (B), or (C); and (ii) self identifies as, holds itself out to be, or carries out conduct in the name of, the ‘‘State of Palestine’’ or ‘‘Palestine’’ in connection with official business of the United Nations. (Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4522; amended Pub. L. 115–253, § 4(a), Oct. 3, 2018, 132 Stat. 3184; Pub. L. 116–94, div. J, title IX, § 903(c)(1), Dec. 20, 2019, 133 Stat. 3083.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019, re- ferred to in subsec. (e)(1)(A), (B), is the date of enact- ment of section 903 of div. J of Pub. L. 116–94, which was approved Dec. 20, 2019. AMENDMENTS 2019—Subsec. (e)(1). Pub. L. 116–94, § 903(c)(1)(A), added par. (1) and struck out former par. (1). Prior to amend- ment, text read as follows: ‘‘Except as provided in para- graph (2), for purposes of any civil action under section 2333 of this title, a defendant shall be deemed to have consented to personal jurisdiction in such civil action if, regardless of the date of the occurrence of the act of international terrorism upon which such civil action was filed, the defendant— ‘‘(A) after the date that is 120 days after the date of enactment of this subsection, accepts— ‘‘(i) any form of assistance, however provided, under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.); ‘‘(ii) any form of assistance, however provided, under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291) for international narcotics con- trol and law enforcement; or ‘‘(iii) any form of assistance, however provided, under chapter 9 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.); or ‘‘(B) in the case of a defendant benefiting from a waiver or suspension of section 1003 of the Anti-Ter- rorism Act of 1987 (22 U.S.C. 5202) after the date that is 120 days after the date of enactment of this sub- section— ‘‘(i) continues to maintain any office, head- quarters, premises, or other facilities or establish- ments within the jurisdiction of the United States; or ‘‘(ii) establishes or procures any office, head- quarters, premises, or other facilities or establish- ments within the jurisdiction of the United States.’’ Subsec. (e)(2). Pub. L. 116–94, § 903(c)(1)(B), inserted at end ‘‘Except with respect to payments described in paragraph (1)(A), no court may consider the receipt of any assistance by a nongovernmental organization, whether direct or indirect, as a basis for consent to ju- risdiction by a defendant.’’ Subsec. (e)(3) to (5). Pub. L. 116–94, § 903(c)(1)(C), added pars. (3) to (5). 2018—Subsec. (e). Pub. L. 115–253 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT; ABROGATION; CONSTRUCTION; SEVERABILITY Amendment by Pub. L. 116–94 applicable to any case pending on or after Aug. 30, 2016, with additional rules of construction and abrogation and severability provi- sions, see section 903(c)(2) and (d) of Pub. L. 116–94, set out in a note under section 2333 of this title. EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–253, § 4(b), Oct. 3, 2018, 132 Stat. 3185, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Oct. 3, 2018].’’ EFFECTIVE DATE Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title. § 2335. Limitation of actions (a) IN GENERAL.—Subject to subsection (b), a suit for recovery of damages under section 2333 of this title shall not be maintained unless com- menced within 10 years after the date the cause of action accrued. (b) CALCULATION OF PERIOD.—The time of the absence of the defendant from the United States or from any jurisdiction in which the same or a similar action arising from the same facts may be maintained by the plaintiff, or of any con- cealment of the defendant’s whereabouts, shall not be included in the 10-year period set forth in subsection (a). (Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4523; amended Pub. L. 112–239, div. A, title XII, § 1251(a), Jan. 2, 2013, 126 Stat. 2017.) Editorial Notes AMENDMENTS 2013—Subsec. (a). Pub. L. 112–239, § 1251(a)(1), sub- stituted ‘‘10 years’’ for ‘‘4 years’’. Subsec. (b). Pub. L. 112–239, § 1251(a)(2), substituted ‘‘10-year period’’ for ‘‘4-year period’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title XII, § 1251(b), Jan. 2, 2013, 126 Stat. 2017, provided that: ‘‘The amendments made by this section [amending this section] shall apply to