Foreign Sovereign Immunities Act

Summary

Foreign Sovereign Immunities Act - Grants United States district courts original jurisdiction without regard to the amount in controversy in any nonjury civil action against a foreign state as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity. Stipulates that, in all such cases, district courts shall have personal jurisdiction over a foreign state where the prescribed service of process is made. Stipulates that a foreign state is not immune from the jurisdiction of U.S. courts if: (1) the state has waived its immunity either explicitly or by implication; (2) the action is based upon specified commercially related activities; (3) the action is based upon rights in specified property, connected with commercial activity, taken in violation of international law; (4) the issue is rights in U.S. property acquired by succession or gift or rights in immovable U.S. property; or (5) money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the U.S. and caused by the tortious act or omission of the foreign state or its official or employee acting within the scope of his office or employment. Exempts from the latter category claims based upon discretionary functions and claims arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights. Stipulates that foreign states are not immune from jurisdiction of U.S. courts in the case of admiralty suits brought to enforce a maritime lien against a foreign state's vessel or cargo, which lien is based upon the state's commercial activity. Requires that proper notice be given to the person, or his agent, having possession of the vessel or cargo against which the lien is asserted and to the foreign state. Directs that the lien thereafter be deemed an in personam claim against the foreign state and that the court may not award judgement greater than the value of the vessel or cargo. Exempts foreign states from the jurisdiction of U.S. and State courts in cases relating to debt obligations incurred for general governmental purposes unless such immunity has been explicitly waived or the case arises under a statute administered by the U.S. Securities and Exchange Commission. Denies a foreign state, which brings or intervenes in an action in a U.S. court, immunity with respect to any counterclaim: (1) where it would not otherwise be entitled to immunity under this Act had such claim been brought in a separate action against the foreign state; (2) arising out of the transaction or occurrence that is the subject matter of the matter of the foreign state's claim; or (3) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state. Sets forth procedures for service of process, time to answer, and default, subject to existing and future agreements to which the U.S. is a party. Stipulates that, subject to such agreements, property of a foreign state in the U.S. shall be immune from attachment and execution except as permitted under this Act. Includes within such exceptions specified U.S. property used by a foreign state for commercial activity and any property in the U.S. of an agency or instrumentality of a foreign state which engages in commercial activity in the U.S., subject to enumerated restrictions and conditions. Exempts from attachment or any other judicial process the property of those organizations designated by the President as entitled to fall within the provisions of the International Organizations Immunities Act. Exempts from attachment and execution, property: (1) of a foreign central bank or monetary authority held for its own account, unless it, or its parent government, has waived such immunity; and (2) used, or intended for use, in connection with a military activity where the property is of a military character and is under the control of a military authority or defense agency. Specifies the proper district for bringing civil actions against a foreign state. Authorizes removal of such cases from State to U.S. district courts by the foreign state. (Adds 28 U.S.C. 1330, 1602-11; Amends 28 U.S.C. 1332, 1391, 1441)

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 10 June 1976

   Introduced

   Referred to Senate Committee on the Judiciary.

   Source: IntroReferral

2. 10 June 1976

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 27 September 1976

   Reported

   Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 94-1310.

   Source: Committee

4. 27 September 1976

   Reported

   Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 94-1310.

   Source: Committee

5. 30 September 1976

   Floor

   Call of calendar in Senate.

   Source: Floor

6. 30 September 1976

   Passed

   Passed/agreed to in Senate: Measure passed Senate, amended.

   Source: Floor

7. 1 October 1976

   Passed

   Measure indefinitely postponed in Senate, H.R. 11315 passed in lieu.

   Source: Floor

8. 1 October 1976

   Passed

   Measure passed House.

   Source: Floor

9. 1 October 1976

   Passed

   Passed/agreed to in House: Measure passed House.

   Source: Floor

10. 1 October 1976

    Floor

    Measure called up by unanimous consent in House.

    Source: Floor

11. 8 October 1976

    President

    Measure enrolled in House.

    Source: President

12. 12 October 1976

    Floor

    Measure presented to President.

    Source: Floor

13. 12 October 1976

    President

    Measure presented to President.

    Source: President

14. 12 October 1976

    President

    Measure enrolled in Senate.

    Source: President

15. 23 October 1976

    President

    Pocket veto by President.

    Source: President

16. 23 October 1976

    President

    Pocket veto by President.

    Source: President

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 27 September 1976

  Open at official source

• Introduced in Senate

  summary · EN · 10 June 1976

  Open at official source

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Sponsors

• Sen. Hruska, Roman L. [R-NE] · R · Sponsor
• Sen. Stevens, Ted [R-AK] · R · Cosponsor
• Sen. Huddleston, Walter (Dee) [D-KY] · D · Cosponsor
• · ssju00 · Standing

Related records

• related to → Foreign Sovereign Immunities Act of 1976