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Title 28, Judiciary and Judicial ProcedureRelease 119-102

§1603 Definitions

Title 28 › PART IV — JURISDICTION AND VENUE › CHAPTER 97 — JURISDICTIONAL IMMUNITIES OF FOREIGN STATES › § 1603

Last updated Aug 21, 2026|Official source

Summary

Defines key words used in this chapter so it’s clear who and what are covered. It explains what is meant by a foreign state, its agencies, the United States, and commercial activity. Foreign state: includes a foreign government, its political parts (like provinces), or its agencies and instrumentalities, except where the term is used in section 1608. Agency or instrumentality: a separate legal entity that is part of or mostly owned by a foreign government, and that is not a U.S. state citizen or formed under a third country’s laws. United States: all land and waters under U.S. control, including islands. Commercial activity: regular business conduct or a single business transaction, judged by what the activity is, not its purpose. A foreign state’s commercial activity is treated as “in the United States” if it has substantial contact with the U.S.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1603

Title 28, Judiciary and Judicial Procedure

Last Updated

Aug 21, 2026

Release point: 119-102