Foreign Sovereign Immunities Act
PL 94-583 (H.R.11315), enacted 10/21/1976

PUBLIC LAW 94-583—OCT. 21, 1976 
90 STAT. 285>1 
Public Law 94-583 
94th Congress 
An Act 
Oct. 21, 1976 
[H.R. 11315]' 
Foreign 
Sovereign 
Immunities Act 
of 1976. 
28 u s e 1 note. 
To define the jurisdiction of United States courts in suits against foreign states, 
the circumstances in which foreign states are immune from suit and in which 
execution may not be levied on their property, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the Foreign Sovereign Immunities Act of 1976". 
SEC. 2. (a) That chapter 85 of title 28, United States Code, is 
amended by inserting immediately before section 1331 the following 
new section: 
"§ 1330. Actions against foreign states 
28 USC 1330. 
"(a) The district courts shall have original jurisdiction without Jurisdiction, 
regard to amount in controversy of any nonjury civil action against a 
foreign state as defined in section 1603(a) of this title as to any claim Post, p. 2892. 
for relief in personam with respect to which the foreign state is not 
entitled to immunity either under sections 1605-1607 of this title or 
under any applicable international agreement. 
"(b) Personal jurisdiction over a foreign state shall exist as to every 
claim for relief over which the district courts have jurisdiction under 
subsection (a) where service has been made under section 1608 of this 
title. 
Post, p. 2894. 
"(c) For purposes of subsection (b), an appearance by a foreign 
state does not confer personal jurisdiction with respect to any claim 
for relief not arising out of any transaction or occurrence enumerated 
in sections 1605-1607 of this title.". 
(b) By inserting in the chapter analysis of that chapter before— 
"1331.- Federal question; amount in controversy; costs." 
the following new item: 
"13.30. Action against foreign states.". 
SEC. 3. That section 1332 of title 28, United States Code, is amended 
by striking subsections (a) (2) and (3) and substituting in their place 
the following: 
"(2) citizens of a State and citizens or subjects of a foreign 
state; 
"(3) citizens of different States and in which citizens or sub-
jects of a foreign state are additional parties; and 
"(4) a foreign state, defined in section 1603(a) of this title, as 
plaintiff and citizens of a State or of different States.". 
SEC. 4. (a) That title 28, United States Code, is amended by insert-
ing after chapter 95 the following new chapter: 
"Chapter 97.—JURISDICTIONAL IMMUNITIES OF FOREIGN 
STATES 
"Sec. 
"1602. Findings and declaration of purpose. 
"1603. Definitions. 
"1604. Immunity of a foreign state from jurisdiction. 
"1605. General exceptions to the jurisdictional immunity of a foreign state. 
"1606. Extent of liabiUty. 
90 STAT. 2892 
PUBLIC LAW 94-583—OCT. 21, 1976 
"1607. Counterclaims. 
S-iJ. 
f; 
"1608. Service; time to answer default. 
"1609. Immunity from attachment and execution of property of a foreign state. 
"1610. Exceptions to the immunity from attachment or execution. 
"1611. Certain types of property immune from execution. 
28 use 1602. 
"§ 1602. Findings and declaration of purpose 
"The Congress finds that the determination by United States courts 
of tl:e claims of foreign states to immunity from the jurisdiction of 
such courts would serve the interests of justice and would protect the 
rights of both foreign states and litigants in United States courts. 
Under international law, states are not immune from the jurisdiction 
of foreign courts insofar as their commercial activities are concerned, 
and their commercial property may be levied upon for the satisfaction 
of judgments rendered against them in connection with their commer-
cial activities. Claims of foreign states to immunity should henceforth 
be decided by courts of the United States and of the States in con-
formity with the principles set forth in this chapter. 
28 use 1603. 
"§ 1603. Definitions 
"For purposes of this chapter— 
" (a) A 'foreign state', except as used in section 1608 of this title, 
includes a political subdivision of a foreign state or an agency or 
instrumentality of a foreign state as defined in subsection (b). 
"(b) An 'agency or instrumentality of a foreign state' means 
any entity— 
"(1) which is a separate legal person, corporate or other-
wise, and 
"(2) which is an organ of a foreign state or political 
subdivision thereof, or a majority of whose shares or other 
ownership interest is owned by a foreign state or political 
subdivision thereof, and 
"(3) which is neither a citizen of a State of the United 
States as defined in section 1332 (c) and (d) of this title, nor 
created under the laws of any third country. 
"(c) The 'United States' includes all territory and waters, con-
tinental or insular, subject to the jurisdiction of the United States. 
"(d) A 'commercial activity' means either a regular course of 
commercial conduct or a particular commercial transaction or act. 
The commercial character of an activity shall be determined by 
reference to the nature of the course of conduct or particular 
transaction or act, rather than by reference to its purpose. 
"(e) A 'commercial activity carried on in the United States by 
a foreign state' means commercial activity carried on by such state 
and having substantial contact with the United States. 
28 use 1604. 
"§ 1604. Immunity of a foreign state from jurisdiction 
"Subject to existing international agreements to which the United 
States is a party at the time of enactment of this Act a foreign state 
shall be immune from the jurisdiction of the courts of the United 
States and of the States except as provided in sections 1605 to 1607 of 
this chapter. 
28 use 1605. 
"§ 1605. General exceptions to the jurisdictional immunity of a 
foreign state 
"(a) A foreign state shall not be immune from the jurisdiction of 
courts of the United States or of the States in any case— 
" (1) in which the foreign state has waived its immunity either 
explicitly or by implication, notwithstanding any withdrawal of 
PUBLIC LAW 94-583—OCT. 21, 1976 
90 STAT. 2893 
the waiver which the foreign state may purport to effect except 
in accordance with the terms of the waiver; 
"(2) in which the action is based upon a commercial activity 
carried on in the United States by the foreign state; or upon an 
act performed in the United States in connection with a commer-
cial activity of the foreign state elsewhere; or upon an act outside 
the territory of the United States in connection with a commercial 
activity of the foreign state elsewhere and that act causes a direct 
effect in the United States; 
"(3) in which rights in property taken in violation of inter-
national law are in issue and that property or any property 
exchanged for such property is present in the United States in 
connection with a commercial activity carried on in the United 
States by the foreign state; or that property or any property 
exchanged for such property is owned or operated by an agency or 
instrumentality of the foreign state and that agency or instru-
mentality is engaged in a commercial activity in the United States; 
"(4) in which rights in property in the United States acquired 
by succession or gift or rights in immovable property situated in 
the United States are in issue; or 
, 
"(5) not otherwise encompassed in paragraph (2) above, in 
which money damages are sought against a foreign state for 
personal injury or death, or damage to or loss of property, 
occurring in the United States and caused by the tortious act or 
omission of that foreign state or of any official or employee of that 
foreign state while acting within the scope of his office or employ-
ment ; except this paragraph shall not apply to— 
"(A) any claim based upon the exercise or performance or 
the failure to exercise or perform a discretionary function 
regardless of whether the discretion be abused, or 
"(B) any claim arising out of malicious prosecution, abuse 
of process, libel, slander, misrepresentation, deceit, or inter-
ference with contract rights. 
"(b) A foreign state shall not be immune from the jurisdiction of Suit in admiralty, 
the courts of the United States in any case in which a suit in admiralty 
is brought to enforce a maritime lien against a vessel or cargo of the 
foreign state, which maritime lien is based upon a commercial activity 
of the foreign state: Provided^ That— 
"(1) notice of the suit is given by delivery of a copy of the 
summons and of the complaint to the person, or his agent, having 
possession of the vessel or cargo against which the maritime lien 
is asserted; but such notice shall not be deemed to have been 
delivered, nor may it thereafter be delivered, if the vessel or cargo 
is arrested pursuant to process obtained on behalf of the party 
bringing the suit—unless the party was unaware that the vessel or 
cargo of a foreign state was involved, in which event the service 
of process of arrest shall be deemed to constitute valid delivery of 
such notice; and 
"(2) notice to the foreign state of the commencement of suit 
as provided in section 1608 of this title is initiated within ten days 
either of the delivery of notice as provided in subsection (b) (1) 
of this section or, in the case of a party who was unaware that the 
vessel or cargo of a foreign state was involved, of the date such 
party determined the existence of the foreign state's interest. 
Whenever notice is delivered under subsection (b) (1) of this section, 
the maritime lien shall thereafter be deemed to be an in personam 
Notice. 
90 STAT. 2894 
PUBLIC LAW 94-583—OCT. 21, 1976 
claim against the foreign state which at that time owns the vessel or 
car^o involved: Provided^ That a court may not award judgment 
against the foreign state in an amount greater than the value of the 
vessel or cargo upon which the maritime lien arose, such value to be 
determined as of the time notice is served under subsection (b) (1) of 
this section. 
28 use 1606. 
"§ 1606. Extent of liability 
"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. 
28 use 1607. 
«§ 1607. Counterclaims 
"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 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. 
28 use 1608. 
*
*
§ 1608. Service; time to answer; default 
"(a) Service in the courts of the United States and of the States 
S'hall be made upon a foreign state or political subdivision of a for-
eign state: 
"(1) by delivery of a copy of the summons and complaint in 
accordance with any special arrangement for service between the 
plaintiff and the foreign state or political subdiAdsion; or 
"(2) if no special arrangement exists, by delivery of a copy 
of the summons and complaint in accordance with an applicable 
international convention on service of judicial documents; or 
"(3) if service cannot be made under paragraphs (1) or (2), 
by sending a copy of the summons and complaint and a notice of 
suit, together with a translation of each into the official language 
of the foreign state, by any form of mail requiring a signed 
receipt, to be addressed and dispatched by the clerk of the court 
to the head of the ministry of foreign affairs of the foreign state 
concerned, or 
"(4) if service cannot be made within 30 days under para-
graph (3), by sending two copies of the summons and complaint 
and a notice of suit, together with a translation of each into the 
official language of the foreign state, by any form of mail requir-
ing a signed receipt, to be addressed and dispatched by the clerk 
of the court to the Secretary of State in Washington, District of 
PUBLIC LAW 94-583—OCT. 21, 1976 
90 STAT. 2895 
Columbia, to the attention of the Director of Special Consular 
Services—and the Secretary shall transmit one copy of the papers 
through diplomatic channels to the foreign state and shall send 
to the clerk of the court a certified copy of the diplomatic note 
indicating when the papers were transmitted. 
As used in this subsection, a 'notice of suit' shall mean a notice "Notice of suit." 
addressed to a foreign state and in a form prescribed by the Secretary 
of State by regulation. 
"(b) Service in the courts of the United States and of the States 
shall be made upon an agency or instrumentality of a foreign state: 
"(1) by delivery of a copy of the summons and complaint in 
accordance with any special arrangement for service between the 
plaintiff and the agency or instrumentality; or 
"(2) if no special arrangement exists, by delivery of a copy 
of the summons and complaint either to an officer, a managing or 
general agent, or to any other agent authorized by appointment 
or by law to receive service of process in the United States; or 
in accordance with an applicable international convention on 
service of judicial documents; or 
"(3) if service cannot be made under paragraphs (1) or (2), 
and if reasonably calculated to give actual notice, by delivery of 
a copy of the summons and complaint, together with a translation 
of each into the official language of the foreign state— 
"(A) as directed by an authority of the foreign state or 
political subdivision in response to a letter rogatory or 
request or 
"(B) by any form of mail requiring a signed receipt, to 
be addressed and dispatched by the clerk of the court to the 
agency or instrumentality to be served, or 
"(C) as directed by order of the court consistent with the 
law of the place where service is to be made. 
' 
"(c) Service shall be deemed to have been made— 
"(1) in the case of service under subsection (a) (4), as of the 
date of transmittal indicated in the certified copy of the diplo-
matic note; and 
"(2) in any other case under this section, as of the date of 
receipt indicated in the certification, signed and returned postal 
receipt, or other proof of service applicable to the method of 
service employed. 
"(d) In any action brought in a court of the United States or of 
a State, a foreign state, a political subdivision thereof, or an agency 
or instrumentality of a foreign state shall serve an answer or other 
responsive pleading to the complaint within sixty days aft(;r service 
has been made under this section. 
"(e) No judgment by default shall be entered by a court of the 
United States or of a State against a foreign state, a political sub-
division thereof, or an agency or instrumentality of a foreign state, 
unless the claimant establishes his claim or right to relief by evidence 
satisfactory to the court. A copy of any such default judgment shall 
be sent to the foreign state or political subdivision in the manner 
prescribed for service in this section. 
"§ 1609. Immunity from attachment and execution of property of 28 USC 1609. 
a foreign state 
"Subject to existing international agreements to which the United 
States is a party at the time of enactment of this Act the property 
90 STAT. 2896 
PUBLIC LAW 94-583—OCT. 21, 1976 
in the United States of a foreign state shall be immune from attach-
ment arrest and execution except as provided in sections 1610 and 
1611 of this chapter. 
28 use 1610. 
«§ 1610. Exceptions to the immunity from attachment or execution 
" (a) The property in the United States of a foreign state, as defined 
in section 1603(a) of this chapter, used for a commercial activity in 
the United States, shall not be immune from attachment in aid of 
execution, or from execution, upon a judgment entered by a court 
of the United States or of a State after the effective date of this 
Act, if— 
"(1^ the foreign state has waived its immunity from attach-
ment in aid of execution or from execution either explicitly or 
by implication, notwithstanding any withdrawal of the waiver 
the foreign state may purport to effect except in accordance with 
the terms of the waiver, or 
^ 
"(2) the property is or was used for the commercial activity 
upon which the claim is based, or 
"(3) the execution relates to a judgment establishing rights in 
property which has been taken in violation of international law 
or which has been exchanged for property taken in violation of 
international law, or 
"(4) the execution relates to a judgment establishing rights in 
property— 
"(A) which is acquired by succession or gift, or 
"(B) which is immovable and situated in the United 
States: Provided. That such property is not used for pur-
poses of maintaining a diplomatic or consular mission or 
the residence of the Chief of such mission, or 
"(5) the property consists of any contractual obligation or 
any proceeds from such a contractual obligation to indemnify 
or hold harmless the foreign state or its employees under a policy 
of automobile or other liability or casualty insurance covering 
the claim which merged into the judgment. 
"(b) In addition to subsection (a), any property in the United 
States of an agency or instrumentality of a foreign state engaged in 
commercial activity in the United States shall not be immune from 
attachment in aid of execution, or from execution, upon a judgment 
entered by a court of the United States or of a State after the effective 
date of this Act, if— 
"(1) the agency or instrumentality has waived its immunity 
from attachment in aid of execution or from execution either 
explicitly or implicitly, notwithstanding any withdrawal of the 
waiver the agency or instrumentality may purport to effect except 
in accordance with the terms of the waiver, or 
"(2) the judgment relates to a claim for which the agency or 
instrumentality is not immune by virtue of section 1605(a) (2), 
(3), or (5), or 1605(b) of this chapter, regardless of whether 
the property is or was used for the activity upon which the claim 
is based. 
"(c) No attachment or execution referred to in subsections (a) 
and (b) of this section shall be permitted until the court has ordered 
such attachment and execution after having determined that a rea-
sonable period of time has elapsed following the entry of judgment 
and the giving of any notice required under section 1608(e) of this 
chapter. 
PUBLIC LAW 94-583—OCT. 21, 1976 
90 STAT. 2897 
"(d) The property of a foreign state, as defined in section 1603(a) 
of this chapter, used for a commercial activity in the United States, 
shall not be immune from attachment prior to the entry of judgment 
in any action brought in a court of the United States or of a State, 
or prior to the elapse of the period of time provided in subsection (c) 
of this section, if— 
" (1) the foreign state has explicitly waived its immunity from 
attachment prior to judgment, notwithstanding any withdrawal 
of the waiver the foreign state may purport to effect except in 
accordance with the terms of the waiver, and 
"(2) the purpose of the attachment is to secure satisfaction of 
a judgment that has been or may ultimately be entered against 
the foreign state, and not to obtain jurisdiction. 
"§ 1611. Certain types of property immune from execution 
28 USC 1611. 
" (a) Notwithstanding the provisions of section 1610 of this chapter, 
the property of those organizations designated by the President as 
being entitled to enjoy the privileges, exemptions, and immunities pro-
vided by the International Organizations Immunities Act shall not 22 USC 288 note, 
be subject to attachment or any other judicial process impeding the 
disbursement of funds to, or on the order of, a foreign state as the 
result of an action brought in the courts of the United States or of 
the States. 
"(b) Notwithstanding the provisions of section 1610 of this chap-
ter, the property of a foreign state shall be immune from attachment 
and from execution, if— 
" (1) the property is that of a foreign central bank or monetary 
authority held for its own account, unless such bank or authority, 
or its parent foreign government, has explicitly waived its 
immunity from attachment in aid of execution, or from execution, 
notwithstanding any withdrawal of the waiver which the bank, 
authority or government may purport to effect except in accord-
ance with the terms of the waiver; or 
"(2) the propertj^ is, or is intended to be, used in connection 
with a military activity and 
" (A) is of a military character, or 
"(B) is under the control of a military authority or 
defense agency." 
(b) That the analysis of "PART IV.—JURISDICTION AND VENITE" of title 
28, United States Code, is amended by inserting after— 
"95. Customs Court.", 
the following new item: 
"97. Jurisdictional Immunities of Foreign States.". 
SEC. 5. That section 1391 of title 28, United States Code, is amended Venue, 
by adding at the end thereof the following new subsection: 
"(f) A civil action against a foreign state as defined in section 
1603 (a) of this title may be brought— 
"(1) in any judicial district in which a substantial part of the 
events or omissions giving ris6 to the claim occurred, or a sub-
stantial part of property that is the subject of the action is 
situated; 
"(2) in any judicial district in which the vessel or cargo of a 
foreign state is situated, if the claim is asserted under section 
1605(b) of this title; 
90 STAT. 2898 
PUBLIC LAW 94-583—OCT. 21, 1976 
Actions 
removable. 
28 
use 
1446. 
28 
use 
1602 
note. 
Effective date. 
28 u s e 1602 
note. 
"(3) in any judicial district in which the agency or instru-
mentality is licensed to do business or is doing business, if the 
action is brought against an agency or instrumentality of a foreign 
state as defined in section 1603 (b) of this title; or 
"(4) in the United States District Court for the District of 
Columbia if the action is brought against a foreign state or politi-
cal subdivision thereof.". 
SEC. 6. That section 1441 of title 28, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(d) Any civil action brought in a State court against a foreign 
state as defined in section 1603(a) of this title may be removed by 
the foreign state to the district court of the United States for the dis-
trict and division embracing the place where such action is pending. 
Upon removal the action shall be tried by the court without jury. 
Where removal is based upon this subsection, the time limitations of 
section 1446(b) of this chapter may be enlarged at any time for cause 
shown.". 
SEC. 7. If any provision of this Act or the application thereof to any 
foreign state is held invalid, the invalidity does not affect other pro-
visions or applications of the Act which can be given effect without 
the invalid provision or application, and to this end the provisions of 
this Act are severable. 
SEC. 8. This Act shall take effect ninety days after the date of its 
enactment. 
Approved October 21, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1487 (eomm. on the Judiciary). 
SENATE REPORT No. 94-1310 accompanying S. 3553 (eomm. on the Judiciary). 
CONGRESSIONAL RECORD, VoL 122 (1976): 
Sept. 29, considered and passed House. 
Oct. 1, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 12, No. 43: 
Oct. 22, Presidential statement.