§1608 Service; Time to Answer; Default

Summary

To start a court case against a foreign state or its political subdivision, the plaintiff must give the foreign state a copy of the summons and complaint. If there is a special arrangement with that foreign state, use it. If not, follow any international treaty for serving papers. If those do not work, the court clerk must mail the papers, a notice of suit, and a translation into the foreign state’s official language by mail that requires a signed receipt to the foreign state’s minister of foreign affairs. If service cannot be made under that method within 30 days, the clerk must mail two copies and translations to the U.S. Secretary of State in Washington, D.C., to the Director of Special Consular Services. The Secretary will send one copy to the foreign state through diplomatic channels and return a certified diplomatic note showing when it was sent. A “notice of suit” is a notice in the form the Secretary of State sets by regulation. For an agency or instrumentality of a foreign state, service follows the same basics: use any special arrangement; or give papers to an officer, managing or general agent, or any agent authorized to receive service in the United States; or follow an international convention. If those fail and it is likely to give actual notice, deliver translated papers as directed by a foreign authority in response to a letter rogatory or request, or mail them with a signed-receipt to the agency, or as a court orders under the law where service is made. Service is treated as made on the date shown in the diplomatic note for the Secretary route, or on the date shown on the returned receipt or other proof for other methods. A foreign state, its political subdivision, or an agency or instrumentality must serve an answer or other response within 60 days after service. A court cannot enter a default judgment against them unless the claimant proves the claim to the court’s satisfaction, and a copy of any default judgment must be sent to the foreign state in the same way as service.