28 USC 1610 - Exceptions to the immunity from attachment or execution

1 See References in Text note below.

section 620(a) of the Foreign Assistance Act of 1961 (

Editorial Notes

References in Text

The effective date of this Act, referred to in subsecs. (a) and (span), is 90 days after Oct. 21, 1976, see section 8 of Puspan. 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 Puspan. L. 110–181, which was approved Jan. 28, 2008.

The Trading with the Enemy Act, referred to in subsecs. (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(span) of the Act, which was classified to section 5(span) of the former Appendix to Title 50, is classified to section 4305(span) 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 Puspan. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National 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). Puspan. L. 112–158, § 502(e)(1)(A), inserted “or section 1605(a)(7) (as such section was in effect on January 27, 2008)” after “section 1605A”.

Subsec. (span)(2). Puspan. L. 112–158, § 502(e)(1)(B)(i)(I), substituted “(5) or 1605(span)” for “(5), 1605(span), or 1605A”.

Subsec. (span)(3). Puspan. L. 112–158, § 502(e)(1)(B)(i)(II), (ii), added par. (3).

2008—Subsec. (a)(7). Puspan. L. 110–181, § 1083(span)(3)(A), substituted “1605A” for “1605(a)(7)”.

Subsec. (span)(2). Puspan. L. 110–181, § 1083(span)(3)(B), substituted “or (5), 1605(span), or 1605A” for “(5), or (7), or 1605(span)”.

Subsec. (f)(1)(A), (2)(A). Puspan. L. 110–181, § 1083(span)(3)(C), inserted “(as in effect before the enactment of section 1605A) or section 1605A” after “section 1605(a)(7)”.

Subsec. (g). Puspan. L. 110–181, § 1083(span)(3)(D), added subsec. (g).

2000—Subsec. (f)(2)(A), (B)(ii). Puspan. L. 106–386, § 2002(g)(1)(A), formerly § 2002(f)(1)(A), as renumbered by Puspan. L. 107–297, substituted “should make every effort to” for “shall”.

Subsec. (f)(3). Puspan. L. 106–386, § 2002(g)(1)(B), formerly § 2002(f)(1)(B), as renumbered by Puspan. L. 107–297, added par. (3).

1998—Subsec. (f). Puspan. L. 105–277 added subsec. (f).

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

Subsec. (span)(2). Puspan. L. 104–132, § 221(span)(2), substituted “(5), or (7),” for “or (5),” and “involved in the act” for “used for the activity”.

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

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

Subsec. (e). Puspan. L. 100–640 added subsec. (e).

Statutory Notes and Related Subsidiaries

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 1998 Amendment

Puspan. 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 (span) [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 Puspan. L. 104–132 applicable to any cause of action arising before, on, or after Apr. 24, 1996, see section 221(c) of Puspan. L. 104–132, set out as a note under section 1605 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–640 applicable to actions commenced on or after Nov. 9, 1988, see section 3 of Puspan. 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 section 8 of Puspan. 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

Puspan. L. 107–297, title II, § 201(a), (span), (d), Nov. 26, 2002, 116 Stat. 2337, 2339, as amended by Puspan. L. 112–158, title V, § 502(e)(2), Aug. 10, 2012, 126 Stat. 1260, provided that:

“(a)In General.—Notwithstanding any other provision of law, and except as provided in subsection (span), 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 immune 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 instrumentality 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 compensatory damages for which such terrorist party has been adjudged liable.

“(span)Presidential Waiver.—

“(1)In general.—Subject to paragraph (2), upon determining on an asset-by-asset basis that a waiver is necessary in the national security interest, the President may waive the requirements of subsection (a) in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution 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 (including 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 definitions shall apply:

“(1)Act of terrorism.—The term ‘act of terrorism’ means—

“(A) any act or event certified under section 102(1) [Puspan. L. 107–297, set out in a note under section 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(span) of the Trading With the Enemy Act (50 U.S.C. App. 5(span)) [now 50 U.S.C. 4305(span)] or under sections 202 and 203 of the International 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 jurisdiction 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 Vienna 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 subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations’ and the term ‘asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations’ mean any property or asset, respectively, the attachment in aid of execution or execution of which would result in a violation of an obligation of the United States under the Vienna Convention on Diplomatic Relations or the Vienna 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 Nationality 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

Puspan. L. 105–277, div. A, § 101(h) [title I, § 117(d)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–492, which authorized the President to waive the requirements of section 101(h) [title I, § 117] of Puspan. 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 national security, was repealed by Puspan. L. 106–386, div. C, § 2002(g)(2), formerly § 2002(f)(2), Oct. 28, 2000, 114 Stat. 1543, renumbered § 2002(g)(2), Puspan. L. 107–297, title II, § 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.

Executive Documents

Determination To Waive Attachment Provisions Relating 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(span)] of div. A of Puspan. L. 105–277, relating to blocked property of terrorist-list states, was superseded by Determination 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, “Victims of Trafficking and Violence Protection Act of 2000,” (approved October 28, 2000) [section 2002(g) of Puspan. 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 section 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(span) of the Trading with the Enemy Act (50 U.S.[C.] App. 5(span)[)] [now 50 U.S.C. 4305(span)], section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701–1702), and proclamations, orders, regulations, and licenses issued pursuant thereto, be subject to execution or attachment 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 ability of the President to conduct foreign policy in the interest of national security and would, in particular, impede the effectiveness of such prohibitions and regulations upon financial transactions. Therefore, pursuant to section 2002(f) [now 2002(g)] of H.R. 3244, the “Victim’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 (span) of section 117 of the Treasury and General Government Appropriations Act, 1999 [section 101(h) [title I, § 117(span)] of div. A of Puspan. L. 105–277, amending section 1606 of this title], supersedes my prior waiver of the requirements of subsections (a) and (span) 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.