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28 U.S.C. § 1610 — Exceptions to the immunity from attach-

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28 U.S.C. § 1610 — Exceptions to the immunity from attach-

Page 435 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1610 1 See References in Text note below. except as provided in sections 1610 and 1611 of this chapter. (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2895.) Editorial Notes REFERENCES IN TEXT The time of enactment of this Act, referred to in text, probably means the time of enactment of Pub. L. 94–583, which was approved Oct. 21, 1976. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 21, 1976, see sec- tion 8 of Pub. L. 94–583, set out as a note under section 1602 of this title. § 1610. Exceptions to the immunity from attach- ment or execution (a) The property in the United States of a for- eign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attach- ment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— (1) the foreign state has waived its immu- nity from attachment in aid of execution or from execution either explicitly or by implica- tion, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or (2) the property is or was used for the com- mercial activity upon which the claim is based, or (3) the execution relates to a judgment es- tablishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or (4) the execution relates to a judgment es- tablishing rights in property— (A) which is acquired by succession or gift, or (B) which is immovable and situated in the United

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Page 435 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1610 1 See References in Text note below. except as provided in sections 1610 and 1611 of this chapter. (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2895.) Editorial Notes REFERENCES IN TEXT The time of enactment of this Act, referred to in text, probably means the time of enactment of Pub. L. 94–583, which was approved Oct. 21, 1976. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 21, 1976, see sec- tion 8 of Pub. L. 94–583, set out as a note under section 1602 of this title. § 1610. Exceptions to the immunity from attach- ment or execution (a) The property in the United States of a for- eign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attach- ment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— (1) the foreign state has waived its immu- nity from attachment in aid of execution or from execution either explicitly or by implica- tion, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or (2) the property is or was used for the com- mercial activity upon which the claim is based, or (3) the execution relates to a judgment es- tablishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or (4) the execution relates to a judgment es- tablishing rights in property— (A) which is acquired by succession or gift, or (B) which is immovable and situated in the United States: Provided, That such property is not used for purposes of maintaining a diplomatic or consular mission or the resi- dence of the Chief of such mission, or (5) the property consists of any contractual obligation or any proceeds from such a con- tractual obligation to indemnify or hold harm- less the foreign state or its employees under a policy of automobile or other liability or cas- ualty insurance covering the claim which merged into the judgment, or (6) the judgment is based on an order con- firming an arbitral award rendered against the foreign state, provided that attachment in aid of execution, or execution, would not be incon- sistent with any provision in the arbitral agreement, or (7) the judgment relates to a claim for which the foreign state is not immune under section 1605A or section 1605(a)(7) (as such section was in effect on January 27, 2008), regardless of whether the property is or was involved with the act upon which the claim is based. (b) In addition to subsection (a), any property in the United States of an agency or instrumen- tality of a foreign state engaged in commercial activity in the United States shall not be im- mune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— (1) the agency or instrumentality has waived its immunity from attachment in aid of execu- tion or from execution either explicitly or im- plicitly, notwithstanding any withdrawal of the waiver the agency or instrumentality may purport to effect except in accordance with the terms of the waiver, or (2) the judgment relates to a claim for which the agency or instrumentality is not immune by virtue of section 1605(a)(2), (3), or (5) or 1605(b) of this chapter, regardless of whether the property is or was involved in the act upon which the claim is based, or (3) the judgment relates to a claim for which the agency or instrumentality is not immune by virtue of section 1605A of this chapter or section 1605(a)(7) of this chapter (as such sec- tion was in effect on January 27, 2008), regard- less of whether the property is or was involved in the act upon which the claim is based. (c) No attachment or execution referred to in subsections (a) and (b) of this section shall be permitted until the court has ordered such at- tachment and execution after having deter- mined that a reasonable period of time has elapsed following the entry of judgment and the giving of any notice required under section 1608(e) of this chapter. (d) The property of a foreign state, as defined in section 1603(a) of this chapter, used for a com- mercial activity in the United States, shall not be immune from attachment prior to the entry of judgment in any action brought in a court of the United States or of a State, or prior to the elapse of the period of time provided in sub- section (c) of this section, if— (1) the foreign state has explicitly waived its immunity from attachment prior to judgment, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, and (2) the purpose of the attachment is to se- cure satisfaction of a judgment that has been or may ultimately be entered against the for- eign state, and not to obtain jurisdiction. (e) The vessels of a foreign state shall not be immune from arrest in rem, interlocutory sale, and execution in actions brought to foreclose a preferred mortgage as provided in section 1605(d). (f)(1)(A) Notwithstanding any other provision of law, including but not limited to section 208(f) of the Foreign Missions Act (22 U.S.C. 4308(f)), and except as provided in subparagraph (B), any property with respect to which financial trans- actions are prohibited or regulated pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)),1 section 620(a) of the For- Page 436 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1610 eign Assistance Act of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the International Emer- gency Economic Powers Act (50 U.S.C. 1701–1702), or any other proclamation, order, regulation, or license issued pursuant thereto, shall be subject to execution or attachment in aid of execution of any judgment relating to a claim for which a foreign state (including any agency or instru- mentality or such state) claiming such property is not immune under section 1605(a)(7) (as in ef- fect before the enactment of section 1605A) or section 1605A. (B) Subparagraph (A) shall not apply if, at the time the property is expropriated or seized by the foreign state, the property has been held in title by a natural person or, if held in trust, has been held for the benefit of a natural person or persons. (2)(A) At the request of any party in whose favor a judgment has been issued with respect to a claim for which the foreign state is not im- mune under section 1605(a)(7) (as in effect before the enactment of section 1605A) or section 1605A, the Secretary of the Treasury and the Secretary of State should make every effort to fully, promptly, and effectively assist any judgment creditor or any court that has issued any such judgment in identifying, locating, and executing against the property of that foreign state or any agency or instrumentality of such state. (B) In providing such assistance, the Secre- taries— (i) may provide such information to the court under seal; and (ii) should make every effort to provide the information in a manner sufficient to allow the court to direct the United States Mar- shall’s office to promptly and effectively exe- cute against that property. (3) WAIVER.—The President may waive any provision of paragraph (1) in the interest of na- tional security. (g) PROPERTY IN CERTAIN ACTIONS.— (1) IN GENERAL.—Subject to paragraph (3), the property of a foreign state against which a judgment is entered under section 1605A, and the property of an agency or instrumentality of such a state, including property that is a separate juridical entity or is an interest held directly or indirectly in a separate juridical entity, is subject to attachment in aid of exe- cution, and execution, upon that judgment as provided in this section, regardless of— (A) the level of economic control over the property by the government of the foreign state; (B) whether the profits of the property go to that government; (C) the degree to which officials of that government manage the property or other- wise control its daily affairs; (D) whether that government is the sole beneficiary in interest of the property; or (E) whether establishing the property as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. (2) UNITED STATES SOVEREIGN IMMUNITY INAP- PLICABLE.—Any property of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be im- mune from attachment in aid of execution, or execution, upon a judgment entered under sec- tion 1605A because the property is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the Inter- national Emergency Economic Powers Act. (3) THIRD-PARTY JOINT PROPERTY HOLDERS.— Nothing in this subsection shall be construed to supersede the authority of a court to pre- vent appropriately the impairment of an inter- est held by a person who is not liable in the action giving rise to a judgment in property subject to attachment in aid of execution, or execution, upon such judgment. (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2896; amended Pub. L. 100–640, § 2, Nov. 9, 1988, 102 Stat. 3333; Pub. L. 100–669, § 3, Nov. 16, 1988, 102 Stat. 3969; Pub. L. 101–650, title III, § 325(b)(9), Dec. 1, 1990, 104 Stat. 5121; Pub. L. 104–132, title II, § 221(b), Apr. 24, 1996, 110 Stat. 1242; Pub. L. 105–277, div. A, § 101(h) [title I, § 117(a)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–491; Pub. L. 106–386, div. C, § 2002(g)(1), formerly § 2002(f)(1), Oct. 28, 2000, 114 Stat. 1543, renum- bered § 2002(g)(1), Pub. L. 107–297, title II, § 201(c)(3), Nov. 26, 2002, 116 Stat. 2337; Pub. L. 110–181, div. A, title X, § 1083(b)(3), Jan. 28, 2008, 122 Stat. 341; Pub. L. 112–158, title V, § 502(e)(1), Aug. 10, 2012, 126 Stat. 1260.) Editorial Notes REFERENCES IN TEXT The effective date of this Act, referred to in subsecs. (a) and (b), is 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as an Effective Date note under section 1602 of this title. The enactment of section 1605A, referred to in subsec. (f)(1)(A), (2)(A), refers to the enactment of Pub. L. 110–181, which was approved Jan. 28, 2008. The Trading with the Enemy Act, referred to in sub- secs. (f)(1)(A) and (g)(2), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which was classified to sections 1 to 6, 7 to 39 and 41 to 44 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification as chapter 53 (§ 4301 et seq.) of Title 50. Section 5(b) of the Act, which was classified to section 5(b) of the former Appendix to Title 50, is classified to section 4305(b) of Title 50. For complete classification of this Act to the Code, see Tables. The International Emergency Economic Powers Act, referred to in subsec. (g)(2), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. AMENDMENTS 2012—Subsec. (a)(7). Pub. L. 112–158, § 502(e)(1)(A), in- serted ‘‘or section 1605(a)(7) (as such section was in ef- fect on January 27, 2008)’’ after ‘‘section 1605A’’. Subsec. (b)(2). Pub. L. 112–158, § 502(e)(1)(B)(i)(I), sub- stituted ‘‘(5) or 1605(b)’’ for ‘‘(5), 1605(b), or 1605A’’. Subsec. (b)(3). Pub. L. 112–158, § 502(e)(1)(B)(i)(II), (ii), added par. (3). 2008—Subsec. (a)(7). Pub. L. 110–181, § 1083(b)(3)(A), substituted ‘‘1605A’’ for ‘‘1605(a)(7)’’. Subsec. (b)(2). Pub. L. 110–181, § 1083(b)(3)(B), sub- stituted ‘‘or (5), 1605(b), or 1605A’’ for ‘‘(5), or (7), or 1605(b)’’. Subsec. (f)(1)(A), (2)(A). Pub. L. 110–181, § 1083(b)(3)(C), inserted ‘‘(as in effect before the enactment of section 1605A) or section 1605A’’ after ‘‘section 1605(a)(7)’’. Page 437 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1610 Subsec. (g). Pub. L. 110–181, § 1083(b)(3)(D), added sub- sec. (g). 2000—Subsec. (f)(2)(A), (B)(ii). Pub. L. 106–386, § 2002(g)(1)(A), formerly § 2002(f)(1)(A), as renumbered by Pub. L. 107–297, substituted ‘‘should make every effort to’’ for ‘‘shall’’. Subsec. (f)(3). Pub. L. 106–386, § 2002(g)(1)(B), formerly § 2002(f)(1)(B), as renumbered by Pub. L. 107–297, added par. (3). 1998—Subsec. (f). Pub. L. 105–277 added subsec. (f). 1996—Subsec. (a)(7). Pub. L. 104–132, § 221(b)(1), added par. (7). Subsec. (b)(2). Pub. L. 104–132, § 221(b)(2), substituted ‘‘(5), or (7),’’ for ‘‘or (5),’’ and ‘‘involved in the act’’ for ‘‘used for the activity’’. 1990—Subsecs. (a)(6), (e). Pub. L. 101–650 substituted ‘‘state’’ for ‘‘State’’ after ‘‘foreign’’. 1988—Subsec. (a)(6). Pub. L. 100–669 added par. (6). Subsec. (e). Pub. L. 100–640 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of this title. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–277, div. A, § 101(h) [title I, § 117(c)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–491, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and section 1606 of this title] shall apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of enactment of this Act [Oct. 21, 1998].’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–132 applicable to any cause of action arising before, on, or after Apr. 24, 1996, see section 221(c) of Pub. L. 104–132, set out as a note under section 1605 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–640 applicable to actions commenced on or after Nov. 9, 1988, see section 3 of Pub. L. 100–640, set out as a note under section 1605 of this title. EFFECTIVE DATE Section effective 90 days after Oct. 21, 1976, see sec- tion 8 of Pub. L. 94–583, set out as a note under section 1602 of this title. SATISFACTION OF JUDGMENTS FROM BLOCKED ASSETS OF TERRORISTS, TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM Pub. L. 107–297, title II, § 201(a), (b), (d), Nov. 26, 2002, 116 Stat. 2337, 2339, as amended by Pub. L. 112–158, title V, § 502(e)(2), Aug. 10, 2012, 126 Stat. 1260, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, and except as provided in subsection (b), in every case in which a person has obtained a judgment against a terrorist party on a claim based upon an act of terrorism, or for which a terrorist party is not im- mune under section 1605A or 1605(a)(7) (as such section was in effect on January 27, 2008) of title 28, United States Code, the blocked assets of that terrorist party (including the blocked assets of any agency or instru- mentality of that terrorist party) shall be subject to execution or attachment in aid of execution in order to satisfy such judgment to the extent of any compen- satory damages for which such terrorist party has been adjudged liable. ‘‘(b) PRESIDENTIAL WAIVER.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), upon de- termining on an asset-by-asset basis that a waiver is necessary in the national security interest, the Presi- dent may waive the requirements of subsection (a) in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execu- tion or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. ‘‘(2) EXCEPTION.—A waiver under this subsection shall not apply to— ‘‘(A) property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations that has been used by the United States for any nondiplomatic purpose (in- cluding use as rental property), or the proceeds of such use; or ‘‘(B) the proceeds of any sale or transfer for value to a third party of any asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. ‘‘(d) DEFINITIONS.—In this section, the following defi- nitions shall apply: ‘‘(1) ACT OF TERRORISM.—The term ‘act of terrorism’ means— ‘‘(A) any act or event certified under section 102(1) [Pub. L. 107–297, set out in a note under sec- tion 6701 of Title 15, Commerce and Trade]; or ‘‘(B) to the extent not covered by subparagraph (A), any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))). ‘‘(2) BLOCKED ASSET.—The term ‘blocked asset’ means— ‘‘(A) any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) [now 50 U.S.C. 4305(b)] or under sections 202 and 203 of the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701; 1702); and ‘‘(B) does not include property that— ‘‘(i) is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the juris- diction of the United States in connection with a transaction for which the issuance of such license has been specifically required by statute other than the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.); or ‘‘(ii) in the case of property subject to the Vi- enna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities under the law of the United States, is being used exclusively for diplomatic or consular purposes. ‘‘(3) CERTAIN PROPERTY.—The term ‘property sub- ject to the Vienna Convention on Diplomatic Rela- tions or the Vienna Convention on Consular Rela- tions’ and the term ‘asset subject to the Vienna Con- vention on Diplomatic Relations or the Vienna Con- vention on Consular Relations’ mean any property or asset, respectively, the attachment in aid of execu- tion or execution of which would result in a violation of an obligation of the United States under the Vi- enna Convention on Diplomatic Relations or the Vi- enna Convention on Consular Relations, as the case may be. ‘‘(4) TERRORIST PARTY.—The term ‘terrorist party’ means a terrorist, a terrorist organization (as defined in section 212(a)(3)(B)(vi) of the Immigration and Na- tionality Act (8 U.S.C. 1182(a)(3)(B)(vi))), or a foreign state designated as a state sponsor of terrorism under [former] section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) [former 50 U.S.C. 4605(j)] or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).’’ WAIVER OF EXCEPTION TO IMMUNITY FROM ATTACHMENT OR EXECUTION Pub. L. 105–277, div. A, § 101(h) [title I, § 117(d)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–492, which authorized Page 438 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1611 the President to waive the requirements of section 101(h) [title I, § 117] of Pub. L. 105–277, which amended this section and section 1606 of this title and enacted provisions set out as a note above, in the interest of na- tional security, was repealed by Pub. L. 106–386, div. C, § 2002(g)(2), formerly § 2002(f)(2), Oct. 28, 2000, 114 Stat. 1543, renumbered § 2002(g)(2), Pub. L. 107–297, title II, § 201(c)(3), Nov. 26, 2002, 116 Stat. 2337. Executive Documents DETERMINATION TO WAIVE ATTACHMENT PROVISIONS RE- LATING TO BLOCKED PROPERTY OF TERRORIST-LIST STATES Determination of President of the United States, No. 99–1, Oct. 21, 1998, 64 F.R. 59201, which provided for waiver of requirements of section 101(h) [title I, § 117(b)] of div. A of Pub. L. 105–277, relating to blocked property of terrorist-list states, was superseded by Determina- tion of President of the United States, No. 2001–3, Oct. 28, 2000, 65 F.R. 66483, set out below. Determination of President of the United States, No. 2001–3, Oct. 28, 2000, 65 F.R. 66483, provided: Memorandum for the Secretary of State [and] the Secretary of the Treasury By the authority vested in me as President by the Constitution and laws of the United States of America, including section 2002(f) [now 2002(g)] of H.R. 3244, ‘‘Vic- tims of Trafficking and Violence Protection Act of 2000,’’ (approved October 28, 2000) [section 2002(g) of Pub. L. 106–386, amending this section and section 1606 of this title and repealing provisions set out as a note above], I hereby determine that subsection (f)(1) of sec- tion 1610 of title 28, United States Code, which provides that any property with respect to which financial transactions are prohibited or regulated pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.[C.] App. 5(b)[)] [now 50 U.S.C. 4305(b)], section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the International Emer- gency Economic Powers Act (50 U.S.C. 1701–1702), and proclamations, orders, regulations, and licenses issued pursuant thereto, be subject to execution or attach- ment in aid of execution of any judgment relating to a claim for which a foreign state claiming such property is not immune from the jurisdiction of courts of the United States or of the States under section 1605(a)(7) of title 28, United States Code, would impede the abil- ity of the President to conduct foreign policy in the in- terest of national security and would, in particular, im- pede the effectiveness of such prohibitions and regula- tions upon financial transactions. Therefore, pursuant to section 2002(f) [now 2002(g)] of H.R. 3244, the ‘‘Vic- tim’s of Trafficking and Violence Protection Act of 2000,’’ I hereby waive subsection (f)(1) of section 1610 of title 28, United States Code, in the interest of national security. This waiver, together with the amendment of subsection (f)(2) of the Foreign Sovereign Immunities Act [probably means subsec. (f)(2) of this section] and the repeal of the subsection (b) of section 117 of the Treasury and General Government Appropriations Act, 1999 [section 101(h) [title I, § 117(b)] of div. A of Pub. L. 105–277, amending section 1606 of this title], supersedes my prior waiver of the requirements of subsections (a) and (b) of said section 117 [amending this section and section 1606 of this title], executed on October 21, 1998 [former Determination of President of the United States, No. 99–1, Oct. 21, 1998, 64 F.R. 59201]. The Secretary of State is authorized and directed to publish this determination in the Federal Register. WILLIAM J. CLINTON. § 1611. Certain types of property immune from execution (a) Notwithstanding the provisions of section 1610 of this chapter, the property of those orga- nizations designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Orga- nizations Immunities Act shall not be subject to attachment or any other judicial process imped- ing the disbursement of funds to, or on the order of, a foreign state as the result of an action brought in the courts of the United States or of the States. (b) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution, if— (1) the property is that of a foreign central bank or monetary authority held for its own account, unless such bank or authority, or its parent foreign government, has explicitly waived its immunity from attachment in aid of execution, or from execution, notwith- standing any withdrawal of the waiver which the bank, authority or government may pur- port to effect except in accordance with the terms of the waiver; or (2) the property is, or is intended to be, used in connection with a military activity and (A) is of a military character, or (B) is under the control of a military au- thority or defense agency. (c) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution in an action brought under sec- tion 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to the extent that the property is a facility or installation used by an accredited diplomatic mission for of- ficial purposes. (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2897; amended Pub. L. 104–114, title III, § 302(e), Mar. 12, 1996, 110 Stat. 818.) Editorial Notes REFERENCES IN TEXT The International Organizations Immunities Act, re- ferred to in subsec. (a), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to sub- chapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, For- eign Relations and Intercourse. For complete classi- fication of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables. Section 302 of the Cuban Liberty and Democratic Sol- idarity (LIBERTAD) Act of 1996, referred to in subsec. (c), is section 302 of Pub. L. 104–114, which amended this section and enacted section 6082 of Title 22, Foreign Re- lations and Intercourse. AMENDMENTS 1996—Subsec. (c). Pub. L. 104–114 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–114 effective Aug. 1, 1996, or date determined pursuant to suspension authority of President under section 6085(b) or (c) of Title 22, For- eign Relations and Intercourse, see section 6085 of Title 22. EFFECTIVE DATE Section effective 90 days after Oct. 21, 1976, see sec- tion 8 of Pub. L. 94–583, set out as a note under section 1602 of this title. CHAPTER 99—GENERAL PROVISIONS Sec. 1631. Transfer to cure want of jurisdiction.

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

22 U.S.C. § 2370 — Prohibitions against furnishing assistance

**(a) Cuba; embargo on all trade** (1) No assistance shall be furnished under this chapter to the present government of Cuba. As an additional means of implementing and carrying into effect the policy of the preceding sentence, the President is authorized to establish and maintain a total embargo upon all trade between the United States and Cuba. (2) Except as may be deemed necessary by the President in the interest of the United States, no assistance shall be furnished under this chapter to any government of Cuba, nor shall Cuba be entitled to receive any quota authorizing the importation of Cuban sugar into the United States or to receive any other benefit under any law of the United States, until the President determines that such government has taken appropriate steps according to international law standards to return to United States citizens, and to entities not less than 50 per centum beneficially owned by United States citizens, or to provide equitable compensation to such citizens and entities for property taken from such citizens and entities on or after January 1, 1959, by the Government of Cuba. **(b) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560** **(c) Indebtedness of foreign country to United States citizen or person** No assistance shall be provided under this chapter to the government of any country which is indebted to any United States citizen or person for goods or services furnished or ordered where (i) such citizen or person has exhausted available legal remedies, which shall include arbitration, or (ii) the debt is not denied or contested by such government, or (iii) such indebtedness arises under an unconditional guaranty of payment given by such government, or any predecessor government, directly or indirectl

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

22 U.S.C. § 2370 — Prohibitions against furnishing assistance

Page 847 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2370 ‘‘(1) Identification of and efforts to improve the skills sets needed to respond to and support recon- struction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. ‘‘(2) Identification of specific agencies that can ade- quately satisfy the skills sets referred to in para- graph (1). ‘‘(3) Efforts to increase training of Federal civilian personnel to carry out reconstruction and stabiliza- tion activities. ‘‘(4) Efforts to develop a database of proven and best practices based on previous reconstruction and stabilization operations. ‘‘(5) A plan to coordinate the activities of agencies involved in reconstruction and stabilization oper- ations.’’ [For definition of ‘‘personnel’’ as used in section 1607 of Pub. L. 110–417, set out above, see section 1603 of Pub. L. 110–417, set out as a note under section 2734a of this title.] § 2369. Repealed. Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961 Section, Pub. L. 87–195, pt. III, § 619, Sept. 4, 1961, 75 Stat. 444, related to assistance to newly independent countries. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title. § 2370. Prohibitions against furnishing assistance (a) Cuba; embargo on all trade (1) No assistance shall be furnished under this chapter to the present government of Cuba. As an additional means of implementing and car- rying into effect the policy of the preceding sen- tence, the President is authorized to establish and maintain a total embargo upon all trade be- tween the

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

22 U.S.C. § 287 — Fifth replenishment; authorization of appropriations

**(a)** The United States Governor is authorized to agree on behalf of the United States to pay to the Association $2,400,000,000 as the United States contribution to the fifth replenishment of the Resources of the Association: Provided, however, That any commitment to make such contributions shall be made subject to obtaining the necessary appropriations. **(b)** In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $2,400,000,000 for payment by the Secretary of the Treasury.

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

22 U.S.C. § 287 — Representation in Organization

Page 201 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 and the Secretary of the Treasury, the functions and authorities vested in the President by section 7133 of the Act [133 Stat. 2253]. (f) I hereby delegate to the Secretary of State, in con- sultation with the Secretary of Defense, the functions and authorities vested in the President by section 1227 of the Act [133 Stat. 1646]. SEC. 2. The delegations in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provi- sions referenced in this memorandum. SEC. 3. The Secretary of State is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 286zz. Capital stock increases (a) Increases authorized The United States Governor of the Bank is au- thorized— (1)(A) to vote in favor of a resolution to in- crease the capital stock of the Bank on a se- lective basis by 245,773 shares; and (B) to subscribe on behalf of the United States to 42,298 additional shares of the cap- ital stock of the Bank, as part of the selective increase in the capital stock of the Bank, ex- cept that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts; and (2)(A) to vote in favor of a resolution to in- crease the capital stock of the Bank on a gen- eral basis by 230,500 shares; and (B) to subscribe on behalf of the United States to 38,662 additional shares of the capital stock of the Bank, as part of the general in- crease in the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations A

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

22 U.S.C. § 4308 — General provisions

**(a) Issuance of regulations** The Secretary may issue such regulations as the Secretary may determine necessary to carry out the policy of this chapter. **(b) Discharge of obligation; liability** Compliance with any regulation, instruction, or direction issued by the Secretary under this chapter shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court or administrative proceeding for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this chapter, or any regulation, instruction, or direction issued by the Secretary under this chapter. **(c) Use of employees from other Federal agencies; experts and consultants** For purposes of administering this chapter— (1) the Secretary may accept details and assignments of employees of Federal agencies to the Department of State on a reimbursable or nonreimbursable basis (with any such reimbursements to be credited to the appropriations made available for the salaries and expenses of officers and employees of the employing agency); and (2) the Secretary may, to the extent necessary to obtain services without delay, exercise his authority to employ experts and consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim) without requiring compliance with such otherwise applicable requirements for that employment as the Secretary may determine, except that such employment shall be terminated after 60 days if by that time those requirements are not complied with. **(d) Contracts and subcontracts for supplies and services; advertisement; factors consi

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

22 U.S.C. § 4308 — General provisions

Page 1576 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4307 (i) Membership on Zoning Commission and Board of Zoning Adjustment (1) The President may designate the Secretary of Defense, the Secretary of the Interior, or the Administrator of General Services (or such al- ternate as such official may from time to time designate) to serve as a member of the Zoning Commission in lieu of the Director of the Na- tional Park Service whenever the President de- termines that the Zoning Commission is per- forming functions concerning the implementa- tion of this section. (2) Whenever the Board of Zoning Adjustment is performing functions regarding an application by a foreign mission with respect to the loca- tion, expansion, or replacement of a chancery— (A) the representative from the Zoning Com- mission shall be the Director of the National Park Service or if another person has been designated under paragraph (1) of this sub- section, the person so designated; and (B) the representative from the National Capital Planning Commission shall be the Ex- ecutive Director of that Commission. (j) Application of other laws Provisions of law (other than this chapter) ap- plicable with respect to the location, replace- ment, or expansion of real property in the Dis- trict of Columbia shall apply with respect to chanceries only to the extent that they are con- sistent with this section. (Aug. 1, 1956, ch. 841, title II, § 206, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 286.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title. § 4307. Preemption Notwithstanding any other law, no act of any Federal agency shall be effect

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4308

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

28 U.S.C. § 1610 — Exceptions to the immunity from attachment or execution

**(a)** The property in the United States of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— (1) the foreign state has waived its immunity from attachment in aid of execution or from execution either explicitly or by implication, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or (2) the property is or was used for the commercial activity upon which the claim is based, or (3) the execution relates to a judgment establishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or (4) the execution relates to a judgment establishing rights in property— (A) which is acquired by succession or gift, or (B) which is immovable and situated in the United States: Provided, That such property is not used for purposes of maintaining a diplomatic or consular mission or the residence of the Chief of such mission, or (5) the property consists of any contractual obligation or any proceeds from such a contractual obligation to indemnify or hold harmless the foreign state or its employees under a policy of automobile or other liability or casualty insurance covering the claim which merged into the judgment, or (6) the judgment is based on an order confirming an arbitral award rendered against the foreign state, provided that attachment in aid of execution, or execution, would not be inconsistent with any provision in the arbitral agree

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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

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

Page 151 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS Sec. 1701. Unusual and extraordinary threat; declara- tion of national emergency; exercise of Presidential authorities. 1702. Presidential authorities. 1703. Consultation and reports. 1704. Authority to issue regulations. 1705. Penalties. 1706. Savings provisions. 1707. Multinational economic embargoes against governments in armed conflict with the United States. 1708. Actions to address economic or industrial es- pionage in cyberspace. 1709. Imposition of sanctions with respect to theft of trade secrets of United States persons. 1710. Confronting asymmetric and malicious cyber activities. § 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title 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 secu- rity, 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 may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency 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 dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1701

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

50 U.S.C. § 4305 — Suspension of provisions relating to ally of enemy; regulation of transactions in foreign exchange of gold or silver, property transfers, vested interests, enforcement and penalties

**(a)** The President, if he shall find it compatible with the safety of the United States and with the successful prosecution of the war, may, by proclamation, suspend the provisions of this chapter so far as they apply to an ally of enemy, and he may revoke or renew such suspension from time to time; and the President may grant licenses, special or general, temporary or otherwise, and for such period of time and containing such provisions and conditions as he shall prescribe, to any person or class of persons to do business as provided in subsection (a) of [section 4304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4304&num=0&edition=prelim), and to perform any act made unlawful without such license in [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4303&num=0&edition=prelim), and to file and prosecute applications under subsection (b) of [section 4310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4310&num=0&edition=prelim); and he may revoke or renew such licenses from time to time, if he shall be of opinion that such grant or revocation or renewal shall be compatible with the safety of the United States and with the successful prosecution of the war; and he may make such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out the provisions of this chapter; and the President may exercise any power or authority conferred by this chapter through such officer or officers as he shall direct.If the President shall have reasonable cause to believe that any act is about to be performed in violation of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-t

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4305

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