Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§2502 Aliens’ Privilege to Sue
Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 165— UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE › § 2502
Summary
Foreign citizens may sue the United States in the U.S. Court of Federal Claims if their country lets U.S. citizens sue that country in its courts and the court can hear the case; tax suits are excluded under section 7422(f) of the Internal Revenue Code of 1986.
Full Legal Text
Title 28, §2502
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(a)Citizens or subjects of any foreign government which accords to citizens of the United States the right to prosecute claims against their government in its courts may sue the United States in the United States Court of Federal Claims if the subject matter of the suit is otherwise within such court’s jurisdiction.
(b)See section 7422(f) of the Internal Revenue Code of 1986 for exception with respect to suits involving internal revenue taxes.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 261 (Mar. 3, 1911, ch. 231, § 155, 36 Stat. 1139). Changes were made in phraseology.
Editorial Notes
References in Text
section 7422(f) of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 7422(f) of Title 26, Internal Revenue Code.
Amendments
1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1986—Subsec. (b). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1982—Subsec. (a). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”. 1966—Pub. L. 89–713 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date
of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date
of 1966 AmendmentAmendment by Pub. L. 89–713 applicable to suits brought against officers, employees, or personal representatives instituted 90 days or more after Nov. 2, 1966, see section 3(d) of Pub. L. 89–713, set out as a note under section 7422 of Title 26, Internal Revenue Code.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2502
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60