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Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§1606 Extent of liability

Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 97— - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES › § 1606

Last updated Apr 6, 2026|Official source

Summary

When a foreign state is not protected by immunity under sections 1605 or 1607, it must be treated like a private person and can be held liable in the same way. A foreign state (but not its agencies or instrumentalities) cannot be ordered to pay punitive damages. If a death happened in a place where the law allows only punitive damages, the foreign state must instead pay actual money damages equal to the financial losses suffered by the people the suit was meant to help.

Full Legal Text

Title 28, §1606

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

As to any claim for relief with respect to which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances; but a foreign state except for an agency or instrumentality thereof shall not be liable for punitive damages; if, however, in any case wherein death was caused, the law of the place where the action or omission occurred provides, or has been construed to provide, for damages only punitive in nature, the foreign state shall be liable for actual or compensatory damages measured by the pecuniary injuries resulting from such death which were incurred by the persons for whose benefit the action was brought.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Pub. L. 106–386, § 2002(g)(2), formerly § 2002(f)(2), as renumbered by Pub. L. 107–297, which directed repeal of section 101(h) [title I, § 117(b)] of div. A of Pub. L. 105–277, was executed by striking out “, except any action under section 1605(a)(7) or 1610(f)” after “punitive damages”, to reflect the probable intent of Congress. See 1998 Amendment note below. 1998—Pub. L. 105–277 inserted “, except any action under section 1605(a)(7) or 1610(f)” after “punitive damages”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–277 applicable to any claim for which a foreign state is not immune under section 1605(a)(7) of this title arising before, on, or after Oct. 21, 1998, see section 101(h) [title I, § 117(c)] of Pub. L. 105–277, set out as a note under section 1610 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1606

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73