§1330 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Federal district courts can hear civil cases without a jury against a foreign state, no matter how much money is involved, when the foreign state fits the definition in section 1603(a) and is not protected by immunity under sections 1605–1607 or by a treaty. The court gets power over the foreign state when the state is properly served under section 1608. If the foreign state appears in court, that alone does not give the court power over claims that do not come from the kinds of activities listed in sections 1605–1607.

Title 28, §1330

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity either under section 1605–1607 of this title or under any applicable international agreement.

(b)Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title.

(c)For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not arising out of any transaction or occurrence enumerated in section 1605–1607 of this title.

Statutory Notes and Related Subsidiaries

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.

§1330 Actions Against Foreign States

Summary

Title 28, §1330

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata