28 USC 1605 - General exceptions to the jurisdictional immunity of a foreign state

Editorial Notes

References in Text

Rules 12(span)(6) and 56 of the Federal Rules of Civil Procedure, referred to in subsec. (g)(4), are set out in the Appendix to this title.

Amendments

2016—Subsec. (g)(1)(A). Puspan. L. 114–222 inserted “or section 1605B” after “but for section 1605A”.

Subsec. (h). Puspan. L. 114–319 added subsec. (h).

2008—Subsec. (a)(7). Puspan. L. 110–181, § 1083(span)(1)(A), struck out par. (7) which provided for lack of jurisdictional immunity in certain cases in which money damages were sought against a foreign state for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act.

Subsecs. (e), (f). Puspan. L. 110–181, § 1083(span)(1)(B), struck out subsecs. (e) and (f) which defined “torture”, “extrajudicial killing”, “hostage taking”, and “aircraft sabotage” and provided for a 10-year statute of limitations for actions brought under former subsec. (a)(7) of this section.

Subsec. (g)(1)(A). Puspan. L. 110–181, § 1083(span)(1)(C), substituted “but for section 1605A” for “but for subsection (a)(7)”.

2006—Subsec. (d). Puspan. L. 109–304 substituted “section 31301 of title 46” and “chapter 313 of title 46” for “the Ship Mortgage Act, 1920 (46 U.S.C. 911 and following)” and “that Act”, respectively.

2002—Subsec. (a)(7)(A). Puspan. L. 107–117 amended Puspan. L. 107–77. See 2001 Amendment note below.

2001—Subsec. (a)(7)(A). Puspan. L. 107–77, as amended by Puspan. L. 107–117, inserted before semicolon “or the act is related to Case Number 1:00CV03110(EGS) in the United States District Court for the District of Columbia”.

1997—Subsec. (a)(7)(B)(ii). Puspan. L. 105–11 substituted “neither the claimant nor the victim was” for “the claimant or victim was not”.

1996—Subsec. (a)(7). Puspan. L. 104–132, § 221(a)(1), added par. (7).

Subsecs. (e) to (g). Puspan. L. 104–132, § 221(a)(2), added subsecs. (e) to (g).

1990—Subsec. (a)(6). Puspan. L. 101–650 substituted “state” for “State” after “foreign”.

1988—Subsec. (a)(6). Puspan. L. 100–669 added par. (6).

Subsec. (span). Puspan. L. 100–702, § 1(3), struck out at end “Whenever notice is delivered under subsection (span)(1) of this section, the maritime lien shall thereafter be deemed to be an in personam claim against the foreign state which at that time owns the vessel or cargo involved: Provided, That a court may not award judgment against the foreign state in an amount greater than the value of the vessel or cargo upon which the maritime lien arose, such value to be determined as of the time notice is served under subsection (span)(1) of this section.”

Subsec. (span)(1). Puspan. L. 100–640, § 1(1), substituted “and if the vessel or cargo is arrested pursuant to process obtained on behalf of the party bringing the suit, the service of process of arrest shall be deemed to constitute valid delivery of such notice, but the party bringing the suit shall be liable for any damages sustained by the foreign state as a result of the arrest if the party bringing the suit had actual or constructive knowledge that the vessel or cargo of a foreign state was involved” for “but such notice shall not be deemed to have been delivered, nor may it thereafter be delivered, if the vessel or cargo is arrested pursuant to process obtained on behalf of the party bringing the suit—unless the party was unaware that the vessel or cargo of a foreign state was involved, in which event the service of process of arrest shall be deemed to constitute valid delivery of such notice”.

Subsec. (span)(2). Puspan. L. 100–640, § 1(2), substituted “paragraph (1) of this subsection” for “subsection (span)(1) of this section”.

Subsecs. (c), (d). Puspan. L. 100–702, § 1(3), added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Puspan. L. 114–319, § 2(span), Dec. 16, 2016, 130 Stat. 1619, provided that: “The amendment made by this section [amending this section] shall apply to any civil action commenced on or after the date of the enactment of this Act [Dec. 16, 2016].”

Amendment by Puspan. L. 114–222 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 Puspan. L. 114–222, set out as a note under section 2333 of Title 18, Crimes and Criminal Procedure.

Effective Date of 2008 Amendment

For applicability of amendments by Puspan. L. 110–181 to pending cases, see section 1083(c) of Puspan. L. 110–181, set out as an Effective Date note under section 1605A of this title.

Effective Date of 1997 Amendment

Puspan. L. 105–11 provided that the amendment made by that Act was effective with respect to any cause of action arising before, on, or after Apr. 25, 1997.

Effective Date of 1996 Amendment

Puspan. L. 104–132, title II, § 221(c), Apr. 24, 1996, 110 Stat. 1243, provided that: “The amendments made by this subtitle [subtitle B (§ 221) of title II of Puspan. L. 104–132, amending this section and section 1610 of this title] shall apply to any cause of action arising before, on, or after the date of the enactment of this Act [Apr. 24, 1996].”

Effective Date of 1988 Amendment

Puspan. L. 100–640, § 3, Nov. 9, 1988, 102 Stat. 3334, provided that: “The amendments made by this Act [amending this section and section 1610 of this title] shall apply to actions commenced on or after the date of the enactment of this Act [Nov. 9, 1988].”

Effective Date

Section effective 90 days after Oct. 21, 1976, see section 8 of Puspan. L. 94–583, set out as a note under section 1602 of this title.

Notification

Puspan. L. 114–319, § 3, Dec. 16, 2016, 130 Stat. 1620, provided that: “The Secretary of State shall ensure that foreign states that apply for immunity under Public Law 89–259 (22 U.S.C. 2459) are appropriately notified of the text of this Act [amending this section and enacting provisions set out as notes under this section and section 1 of this title].”

Civil Liability for Acts of State Sponsored Terrorism

Puspan. L. 104–208, div. A, title I, § 101(c) [title V, § 589], Sept. 30, 1996, 110 Stat. 3009–121, 3009–172, provided that:

“(a) an [sic] official, employee, or agent of a foreign state designated as a state sponsor of terrorism designated [sic] under [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j)] while acting within the scope of his or her office, employment, or agency shall be liable to a United States national or the national’s legal representative for personal injury or death caused by acts of that official, employee, or agent for which the courts of the United States may maintain jurisdiction under [former] section 1605(a)(7) of title 28, United States Code, for money damages which may include economic damages, solatium, pain, and suffering, and punitive damages if the acts were among those described in [former] section 1605(a)(7).

“(span) Provisions related to statute of limitations and limitations on discovery that would apply to an action brought under 28 U.S.C. 1605(f) and (g) shall also apply to actions brought under this section. No action shall be maintained under this action [sic] if an official, employee, or agent of the United States, while acting within the scope of his or her office, employment, or agency would not be liable for such acts if carried out within the United States.”