Notes: The Foreign Sovereign Immunities Act of 1976 28 U.S.C.

§§ 1602-1605 Congress decides to codify the restricted theory of foreign sovereign immunity Summary: ○ Subject to other int'l agreement, foreign state is immune from jurisdiction [see exceptions] § General exceptions to jurisdictional immunity of a foreign state □ If immunity is waived explicitly or implicitly □ If action by foreign state is based on a commercial activity where action has some effect in the U.S. (either carried out there or another type of connection) □ Where rights in property in violation of int'l law are in issue and the property has some connection with the U.S. □ Where rights in property in the U.S. acquired by succession or gifts or rights in immovable property are in issue □ Where money damages sought against foreign state for tortious acts of a foreign state, where tort occurred in U.S. ® Except: if claim is based on (or failure to) perform a discretionary function (even if discretion is abused) ® Except: any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with k rights □ If concerning a legal relationship, either agreed or not (specifically arbitration) □ For tort damages from an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, etc. ® This only applies if the foreign state has been designated a state sponsor of terrorism by the U.S. secretary of state and if the claimant or victim was a national of the U.S. when the act occurred. ® Unlike the other exceptions, this one permits state-owned property unrelated to the claim to be executed against to satisfy a judgment based on its terms. Notes and Questions: ○ Deciding claims of foreign sovereign immunity involves using material evidences from 3 sources: case law, international law, and statute. ○ §1604 - presumes immunity unless private Pl can show otherwise (using the exceptions) • How is this different from Victory transport? ○ Now, we have a presumption of immunity unless one of the above are present ○ Now the focus of defining if it’s a commercial activity is on the actual transaction, and not the purpose.

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