Attachment Immunity

Attachment Immunity

Under the United States' International Agreements, the Diplomatic Property of the Congo's United Nations Mission is Immune From Attachment or Execution in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In the case at bar, plaintiff has levied and executed against Congo Mission bank accounts at Citibank, as well as Congo Mission premises and the home of Ambassador Balé. Ambassador Balé has submitted sworn affidavits stating that the bank accounts and properties are vital to operation of the Congo Mission, describing the specific mission-related uses to which the accounts and properties are put, and detailing the fruitless steps the Congo Mission has taken to arrange alternate financing through its country's department of finance. … Ambassador Balé's sworn statements are sufficient to establish that the assets against which plaintiff has enforced the state court default judgment are used for diplomatic purposes, and necessary for Congo Mission to function, and the Court therefore finds that they are immune from levy and attachment. See Sales, 1993 WL 437762, at *2; Foxworth, 796 F.Supp. at 762; Liber. E. Timber Corp., 659 F.Supp. at 610. For these reasons, Congo Mission's motion to vacate all liens, levies, restraints, attachments, and similar enforcement mechanisms plaintiff has undertaken to enforce his default judgment, is GRANTED.

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See Also

  • Privileges
  • Immunities
  • Foreign Sovereign Immunities
  • Execution Of Judgments
  • Post-Judgment Actions
  • Attachments