§1602 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

U.S. courts must decide when foreign countries are immune from lawsuits to protect fairness and the rights of both countries and people in U.S. courts. Under international law, states are not immune for commercial activities, and commercial property can be seized to pay judgments. Courts must follow the rules in this chapter.

Title 28, §1602

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter.

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Effective Date

Pub. L. 94–583, § 8, Oct. 21, 1976, 90 Stat. 2898, provided that: “This Act [enacting this chapter and section 1330 of this title, amending section 1332, 1391, and 1441 of this title, and enacting provisions set out as notes under this section and section 1 of this title] shall take effect ninety days after the date of its enactment [Oct. 21, 1976].”

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For

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of Pub. L. 94–583 as the “Foreign Sovereign Immunities Act of 1976”, see section 1 of Pub. L. 94–583, set out as a

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of 1976

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note under section 1 of this title. Separability Pub. L. 94–583, § 7, Oct. 21, 1976, 90 Stat. 2898, provided that: “If any provision of this Act [enacting this chapter and section 1330 of this title, amending section 1332, 1391, and 1441 of this title, and enacting provisions set out as notes under this section and section 1 of this title] or the application thereof to any foreign state is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.”

§1602 Findings and Declaration of Purpose

Summary

Title 28, §1602

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Statutory Notes and Related Subsidiaries

Effective Date

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