to the Vienna Convention on Diplomatic Relations or the
Vienna Convention on Consular Relations.
‘‘(B) A waiver under this paragraph shall not apply
to—
‘‘(i) if property subject to the Vienna Conven-
tion on Diplomatic Relations or the Vienna Conven-
tion on Consular Relations has been used for any
nondiplomatic purpose (including use as rental prop-
erty), the proceeds of such use; or
‘‘(ii) if any asset subject to the Vienna Conven-
tion on Diplomatic Relations or the Vienna Conven-
tion on Consular Relations is sold or otherwise
transferred for value to a third party, the proceeds
of such sale or transfer.
‘‘(C) In this paragraph, the term ‘property subject
to the Vienna Convention on Diplomatic Relations or the
Vienna Convention on Consular Relations’ and the term
‘asset subject to the Vienna Convention on Diplomatic Re-
lations or the Vienna Convention on Consular Relations’
mean any property or asset, respectively, the attachment
in aid of execution or execution of which would result in
a violation of an obligation of the United States under the
Vienna Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations, as the case may be.
‘‘(4) For purposes of this subsection, all assets of any
agency or instrumentality of a foreign state shall be treat-
ed as assets of that foreign state.’’.
(d) TECHNICAL AND CONFORMING AMENDMENT.—
Section 117(d) of the Treasury Department Appropria-
tions Act, 1999, as enacted by section 101(h) of Public
Law 105–277 (112 Stat. 2681–492) is repealed.
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to any claim for which a foreign
state is not immune under section 1605(a)(7) of title 28,
United States Code, arising before, on, or after the date
of the enactment of this Act.
SEC. 2. PAYGO ADJUSTMENT.
The Director of the Office of Management and Budg-
et shall not make any estimates of changes in direct
spending outlays and receipts under section 252(d) of the
Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 902(d)) for any fiscal year resulting from
the enactment of this Act.
SEC. 3. TECHNICAL AMENDMENTS TO IMPROVE LITIGA-
TION PROCEDURES AND REMOVE LIMITA-
TIONS ON LIABILITY.
(a) GENERAL EXCEPTIONS TO JURISDICTIONAL IM-
MUNITY OF FOREIGN STATE.—Section 1605 of title 28,
United States Code, is amended by adding at the end the
following:
‘‘(h) If a foreign state, or its agency or instrumen-
tality, is a party to an action pursuant to subsection (a)(7)
and fails to furnish any testimony, document, or other
thing upon a duly issued discovery order by the court in
the action, such failure shall be deemed an admission of
any fact with respect to which the discovery order relates.
Nothing in this subsection shall supersede the limitations
set forth in subsection (g).’’.
(b) MODIFICATION OF LIMITATION ON LIABILITY.—
Section 1605(a)(7)(B)(i) is amended to read as follows:
‘‘(i) the act occurred in the foreign
state against which the claim has been
brought and the foreign state has not had
a reasonable opportunity to arbitrate the
claim in a neutral forum outside the for-
eign state in accordance with accepted
international rules of arbitration; or
(c) EXTENT OF LIABILITY.—Section 1606 of title 28,
United States Code, is amended by adding at the end the
following: ‘‘No Federal or State statutory limits shall
apply to the amount of compensatory, actual, or punitive
damages permitted to be awarded to persons under section
1605(a)(7) and this section.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to any claim for which a foreign
state is not immune under section 1605(a)(7) of title 28,
United States Code, arising before, on, or after the date
of the enactment of this Act.
Passed the House of Representatives July 25, 2000.
Attest:
Clerk.