Foreign Sovereign Immunities Act

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Foreign Sovereign Immunities Act

Summary of Foreign Sovereign Immunities Act

An act of Congress passed in 1976 and having effect from January 19, 1977, clarifying the circumstances under which foreign states, their political subdivisions, and state-owned corporations may lose sovereign immunity and become subject to the jurisdiction of U.S. courts. The act reaffirms that foreign states, per se, are immune from suit in the United States, but clarifies exceptions under which U.S. jurisdiction may be exercised. The act stipulates that a foreign state is not immune where it waives immunity, expressly or by implication; where the foreign state engages in commercial activities in the United States, or undertakes actions in the United States to further commercial activity elsewhere; and where the suit is brought against a commercial entity owned or controlled by a foreign state. Normally, the property of a foreign state is not subject to attachment, except where the state expressly waives immunity. Exception to this rule may apply in the case of funds impounded where a foreign state is in default of loan obligations; this point is unclear and relies upon opinions expressed in Congress that loans are inherently “commercial”in character.

The abrogation of state immunities authorized by the act is subordinate to any immunities granted by the United States in treaties of friendship, commerce, and navigation.

(Main Author: William J. Miller)

Foreign Sovereign Immunities Act in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): The Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1330, 1602–1611, governs immunity from suits for foreign states in U.S. courts. The FSIA's various statutory exceptions, set forth at 28 U.S.C. §§ 1605(a)(1)–(6) and 1605A, have been subject to significant judicial interpretation in cases brought by private entities or persons against foreign states. Accordingly, much of U.S. practice in the field of sovereign immunity is developed by U.S. courts in litigation to which the U.S. government is not a party and in which it does not participate. The following items describe a selection of the significant proceedings that occurred during 2011 in which the United States intervened or participated as amicus curiae.

Resources

See Also

  • Privileges
  • Immunities
  • Foreign Sovereign Immunities

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  115. Foreign Trade Organization A former instrumentality of the Soviet government charged with controlling the importation or exportation of specified products, or with providing trade-related functions such as shipping and insurance. Most of the sixty-plus FTOs in existence in the 1980s were subject to control of the Ministry of ......
  116. Foreign Trade Zone An enclosed area in or near a port of entry that, while located on American territory, is effectively outside the customs jurisdiction of the United States. Such zones were authorized by the Foreign Trade Zones Act of 1934 as areas where foreign products might be entered, stored, manipulated, manufa......
  117. Foreign Policy COREU (CORespondance EUropéenne) and the Treaties of the European Union Description of COREU (CORespondance EUropéenne) provided by the European Union Commission: Coreu is an EU communication network between the Member States and the Commission for cooperation in the fields of [...]...
  118. Foreign Asset Control In the United States For information about Foreign Asset Control in the context of international trade, click here...
  119. Foreign Boycotts In the United States For information about Foreign boycotts in the context of international trade, click here...
  120. Foreign Employees In the United States For information about Foreign employees in the context of international trade, click here...

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