Title 28, Judiciary and Judicial ProcedureRelease 119-102
§1607 Counterclaims
Title 28 › PART IV — JURISDICTION AND VENUE › CHAPTER 97 — JURISDICTIONAL IMMUNITIES OF FOREIGN STATES › § 1607
Summary
When a foreign government sues or joins a case in a U.S. federal or state court, it cannot use immunity to block certain counterclaims. Those counterclaims are ones that would not be immune under sections 1605 or 1605A if brought alone, arise from the same transaction or event, or do not ask for more or different relief than the foreign government sought.
Full Legal Text
Title 28, §1607
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—
(a)for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or
(b)arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or
(c)to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2008—Subsec. (a). Pub. L. 110–181 inserted “or 1605A” after “section 1605”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentFor applicability of
Amendments
by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an
Effective Date
note under section 1605A 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. § 1607
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102