§1603 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Defines key words used in this chapter. Except where section 1608 says different, “foreign state” also means its parts (like provinces) and its state-owned agencies or instrumentalities. An “agency or instrumentality of a foreign state” is a separate legal entity (corporation or similar) that is an organ of the foreign government or is majority‑owned by it, is not a U.S. State citizen under 28 U.S.C. 1332(c) and (e), and was not created under a third country’s laws. The “United States” means all land and waters, mainland or islands, under U.S. jurisdiction. “Commercial activity” means either regular business conduct or a single business transaction, judged by what it is, not why it was done. “Commercial activity carried on in the United States by a foreign state” means such activity that has substantial contact with the United States.

Title 28, §1603

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

For purposes of this chapter—

(a)A “foreign state”, except as used in section 1608 of this title, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Subsec. (b)(3). Pub. L. 109–2 substituted “(e)” for “(d)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–2 applicable to any civil action commenced on or after Feb. 18, 2005, see section 9 of Pub. L. 109–2, set out as a note under section 1332 of this title.

Effective Date

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

§1603 Definitions

Summary

Title 28, §1603

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata