A bill to amend the Foreign Sovereign Immunities Act with respect to admiralty jurisdiction.
PL 100-640 (H.R.1149), enacted 11/09/1988

PUBLIC LAW 100-640—NOV. 9, 1988 
102 STAT. 3333 
Public Law 100-640 
100th Congress 
An Act 
To amend the Foreign Sovereign Immunities Act with respect to admiralty 
Nov. 9, 1988 
jurisdiction. 
[H.R. 1149] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Maritime 
SECTION 1. ADMIRALTY SUITS AGAINST FOREIGN STATES. 
Section 1605(b) of title 28, United States Code, is amended— 
(1) in paragraph (1) by striking all that follows the first 
semicolon and inserting the following: "and if the vessel or 
cargo is arrested pursuant to process obtained on behalf of the 
party bringing the suit, the service of process of arrest shall be 
deemed to constitute valid delivery of such notice, but the party 
bringing the suit shall be liable for any damages sustained by 
the foreign state as a result of the arrest if the party bringing 
the suit had actual or constructive knowledge that the vessel or 
cargo of a foreign state was involved; and"; 
(2) in paragraph (2) by striking "subsection (b)(1) of this 
section" and inserting "paragraph (1) of this subsection"; and 
(3) by striking all that follows paragraph (2) and inserting the 
following: 
"(c) Whenever notice is delivered under subsection (b)(1), the suit 
to enforce a maritime lien shall thereafter proceed and shall be 
heard and determined according to the principles of law and rules of 
practice of suits in rem whenever it appears that, had the vessel 
been privately owned and possessed, a suit in rem might have been 
maintained. A decree against the foreign state may include costs of 
the suit and, if the decree is for a money judgment, interest as 
ordered by the court, except that the 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 shall 
be determined as of the time notice is served under subsection (b)(1). 
Decrees shall be subject to appeal and revision as provided in other 
cases of admiralty and maritime jurisdiction. Nothing shall preclude 
the plaintiff in any proper case from seeking relief in personam in 
the same action brought to enforce a maritime lien as provided in 
this section. 
"(d) A foreign state shall not be immune from the jurisdiction of 
the courts of the United States in any action brought to foreclose a 
preferred mortgage, as defined in the Ship Mortgage Act, 1920 
(46 U.S.C. 911 and following). Such action shall be brought, heard, 
and determined in accordance with the provisions of that Act and in 
accordance with the principles of law and rules of practice of suits in 
rem, whenever it appears that had the vessel been privately owned 
and possessed a suit in rem might have been maintained.". 
SEC. 2. ATTACHMENT OR EXECUTION. 
Section 1610 of title 28, United States Code, is amended by adding 
at the end the following: 
102 STAT. 3334 
PUBLIC LAW 100-640—NOV. 9, 1988 
"(e) The vessels of a foreign State shall not be immune from arrest 
in rem, interlocutory sale, and execution in actions brought to 
foreclose a preferred mortgage as provided in section l()05(d).". 
28 u s e 1605 
SKC. ;J. KFFFXTIVE DATE. 
The amendments made by this Act shall apply to actions com-
menced on or after the date of the enactment of this Act. 
Approved November 9, 1988. 
LEGISLATIVE HISTORY—H.R. 1149: 
HOUSE REPORTS: No. 100-823 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Aug. 8, considered and passed House. 
Oct. 21, considered and passed Senate.