Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§1606 Extent of Liability
Title 28 › Part IV— JURISDICTION AND VENUE › Chapter 97— JURISDICTIONAL IMMUNITIES OF FOREIGN STATES › § 1606
Summary
When a foreign state lacks immunity, it can be sued and held liable just like a private person. The state itself cannot be ordered to pay punitive damages; that protection does not cover its agencies or state companies. If a death happened and local law would allow only punitive awards, the foreign state must pay money to cover the victims' losses.
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 5, 2026
Release point: 119-73not60