§1611 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Protects certain foreign property from being taken or used by U.S. courts to pay judgments, even if section 1610 says something different. Money and assets of international organizations the President recognizes under the International Organizations Immunities Act cannot be blocked or seized in U.S. or state court cases that would stop payments to a foreign state. Property owned by a foreign central bank or monetary authority for its own account is also safe, unless the bank or its government clearly gave up that protection in writing and followed the waiver’s rules. Property used for military purposes, or controlled by a military or defense agency, is protected. In lawsuits under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, buildings or facilities used by an accredited diplomatic mission for official work are also immune from seizure.

Title 28, §1611

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Notwithstanding the provisions of section 1610 of this chapter, the property of those organizations designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act shall not be subject to attachment or any other judicial process impeding 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, notwithstanding any withdrawal of the waiver which the bank, authority or government may purport 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 authority 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 section 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 official purposes.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The International Organizations Immunities Act, referred to in subsec. (a), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification 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 Solidarity (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 Relations and Intercourse.

Amendments

1996—Subsec. (c). Pub. L. 104–114 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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, Foreign Relations and Intercourse, see section 6085 of Title 22.

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.

§1611 Certain types of property immune from execution

Summary

Title 28, §1611

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata