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1973-74: (5) HR3493 - To define the circumstances in which foreign states are immune from the jurisdiction of the U.S. courts
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1973-74: (5) HR3493 - To define the circumstances in which foreign states are immune from the jurisdiction of the U.S. courts
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The original documents are located in Box 114, folder "1973-74: (5) HR3493" of the
Edward Hutchinson Papers at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Edward Hutchinson donated to the
United States of America his copyrights in all of his unpublished writings in National Archives
collections. Works prepared by U.S. Government employees as part of their official duties are in
the public domain. The copyrights to materials written by other individuals or organizations are
presumed to remain with them. If you think any of the information displayed in the PDF is subject
to a valid copyright claim, please contact the Gerald R. Ford Presidential Library.
93D CONGRESS
1ST SESSION
H. R. 3493
-5-
Immunity of foreign states under the
jurisdiction of U.S. courts.
soal
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oilt Join
IN THE HOUSE OF
to REPRESENTATIVES...
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JANUARY 31, 1973
odt 97198 blow. atwoo dona to. moitoibatwi oilt moth a
Mr. RODINO (for himself and Mr. HUTCHINSON) introduced the following bill;
which was referred to the Committee on the
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9TB BILL as 1st 08 III attroo 01
To define the circumstances in (1999019 which foreign.states are immune
from the jurisdiction of United States courts and in which
ni mode tenings berohnor to si
execution may not be levied on their assets, and for other
purposes. apiarol to erriclO .aoitivitos riedt drin
Beit enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That title 28, United States Code, sidt
a
T
4
(1) by inserting after chapter 95 the following new
5 Chapter!Do sidt lo 2980qmq (s)
House of Representatives
Referred to Subcommittee No. 2
Chairman, Hon. Harold D. Donohue
Counsel, Mr. William P. Shattuck
Date - 2/7/73 Been E. Duck
Staff Director
Executive Communication
Dept. of tate
93D CONGRESS
1ST SESSION
H. R. 3493
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 1973
Mr. RODINO (for himself and Mr. HUTCHINSON) introduced the following bill;
which was referred to the Committee on the Judiciary
lo
g
A
BILL
To define the circumstances in which foreign states are immune
from the jurisdiction of United States courts and in which
execution may not be levied on their assets, and for other
purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That title 28, United States Code, as amended-
4
(1) by inserting after chapter 95 the following new
5 Chapter:
(D)
I
2
3
1 "Chapter 97.-JURISDICTIONAL IMMUNITIES OF
1 tions 1608 and 1610, a 'foreign state includes a political
2
FOREIGN STATES
2 subdivision of that foreign state, or an agency or instrumen-
"Sec.
3 tality of such a state or subdivision.
"1602. Findings and declaration of purpose.
"1603. Definitions.
4
"1604. Immunity of foreign states from jurisdiction.
lakers (b) For the purposes of this chapter, a 'commercial
"1605. General exceptions to the jurisdictional immunity of foreign states.
"1606. Immunity in cases relating to the public debt of a foreign state.
5 activity' means either a regular course of commercial conduct
"1607. Counterclaims.
"1608. Service of process in United States district courts.
6 or a particular commercial transaction or act. The commer-
"1609. Immunity from execution and attachment of assets of foreign
states.
7 cial character of an activity shall be determined by reference
"1610. Exceptions to the immunity from execution of assets of foreign
states.
8 to the nature of the course of conduct or particular transaction
"1611. Certain types of assets immune from execution.
9 or act, rather than by reference to its purpose.
3 "§ 1602. Findings and declaration of purpose
10 "§ 1604. Immunity of foreign states from jurisdiction
4
"The Congress finds that the determination by United
11
"Subject to existing and future international agreements
5 States courts of the claims of foreign states to immunity
12 to which the United States is a party, a foreign state shall be
6 from the jurisdiction of such courts would serve the interests
13 immune from the jurisdiction of the courts of the United
7 of justice and would protect the rights of both foreign states
14 States and of the States except as provided in this chapter.
8 and litigants in United States courts. Under international
15 "§ 1605. General exceptions to the jurisdictional immunity
9 law, states are not immune from the jurisdiction of foreign
16
10 courts in SO far as their commercial activities are concerned,
of foreign states
17
11 and their commercial property may be levied upon for the
"A foreign state shall not be immune from the jursidic-
18 tion of courts of the United States or of the States in any
12 satisfaction of judgments rendered against them in connection
13 with their commercial activities. Claims of foreign states
19 case
14 to immunity should henceforth be decided by United States
20
" (1) in which the foreign state has waived its im-
15 courts in conformity with these principles as set forth in
21
munity either explicitly or by implication, notwithstand-
16 this chapter and other principles of international law.
22
ing any withdrawal of the waiver which the foreign
17 "§ 1603. Definitions
23
state may purport to effect after the claim arose;
18
24
" (a) For the purposes of this chapter, other than sec-
(2) in which the action is based upon a commer-
25
cial activity carried on in the United States by the for-
4
5
1
eign state; or upon an act performed in the United States
1
eign state shall be immune in any case under this para-
2
in connection with a commercial activity of the foreign
2
graph in which a remedy is available under Article
3
state elsewhere; or upon an act outside the territory of
3
VIII of the Agreement Between the Parties to the
4
the United States in connection with a commercial ac-
4
North Atlantic Treaty Regarding the Status of Their
5
tivity of the foreign state elsewhere and that act has a
5
Forces.
6
direct effect within the territory of the United States;
6
1606. Immunity in cases relating to the public debt of a
7
" (3) in which rights in property taken in viola-
7
foreign state
8
tion of international law are in issue and that property
8
" (a) A foreign state shall be immune from the jurisdic-
9
or any property exchanged for such property is present
9 tion of the courts of the United States and of the States in
10
in the United States in connection with a commercial ac-
11
10 any case relating to its public debt, except if-
tivity carried on in the United States by the foreign state
11
"
12
(1) the foreign state has waived its immunity ex-
or that property or any property exchanged for such
12
13
plicitly, notwithstanding any withdrawal of the waiver
property is owned or operated by an agency or instru-
13
which the foreign state may purport to effect after the
14
mentality of the foreign state or of a political subdivision
14
claim arose; or
15
of the foreign state and that agency or instrumentality is
15
" (2) the case, whether or not falling within the
16
engaged in a commercial activity in the United States;
16
scope of section 1605, relates to the public debt of a
17
(4) in which rights in property in the United
17
political subdivision of a foreign state, or of an agency
18
States; acquired by succession or gift, or rights in im-
18
or instrumentality of such a state or subdivision.
19
movable property situated in the United States are in
19
(b) Nothing in this chapter shall be construed as im-
20
issue; or
20 pairing any remedy afforded under sections 77 (a) through
21
(5) in which money damages are sought against a
21 80 (b) -21 of Title 15, United States Code, as amended, or
22
foreign state for personal injury or death, or damage to or
22 any other statute which may hereafter be administered by the
23
loss of property, caused by the negligent or wrongful
23
United States Securities and Exchange Commission.
24
act or omission in the United States of that foreign state
24
"§ 1607. Counterclaims
25
or of any official or employee thereof except that a for-
25
"In any action brought by a foreign state in a court of
6
7
1 the United States or of any State, the foreign state shall not
1 sending two copies of the summons and of the complaint by
2 be accorded immunity with respect to-
2 registered or certified mail to the Secretary of State at Wash-
3
(1) any counterclaim arising out of the transac-
3 ington, District of Columbia, who in turn shall transmit one
4
tion or occurrence that is the subject matter of the claim
4 of these copies by a diplomatic note to the department of the
5
of the foreign state; or
5 government of the foreign state charged with the conduct
6
oildo (2) any other counterclaim that does not claim
6 of the foreign relations of that state.
7
relief exceeding in amount or differing in kind from that
7 "§ 1609. Immunity from execution and attachment of
8
sought by the foreign state.
8
assets of foreign states
9
"§ 1608. Service of process in United States district courts
9
"The assets in the United States of a foreign state shall
10
"Service in the district courts shall be made upon a
10 be immune from attachment and from execution, except as
11 foreign state or a political subdivision of a foreign state and
11 provided in section 1610 of this chapter.
12 may be made upon an agency or instrumentality of such a
12 "§ 1610. Exceptions to the immunity from execution of
13 state or subdivision which agency or instrumentality is not a
13
assets of foreign states
14 citizen of the United States as defined in section 1332 (c)
"
14
(a) The assets in the United States of a foreign state
15 and (d) of this title by delivering a copy of the summons
15 or political subdivision of a foreign state, to the extent that
16 and complaint by registered or certified mail, to be addressed
16 they are used for a particular commercial activity in the
17 and dispatched by the clerk of the court, to the ambassador
17 United States, shall not be immune from attachment for
18 or chief of mission of the foreign state accredited to the Gov-
18 purposes of execution or from execution of a judgment ren-
19 ernment of the United States, to the ambassador or chief of
19 dered against that foreign state or political subdivision if-
20 mission of another state then acting as protecting power for
20
(1) such attachment or execution relates to a claim
21 such foreign state, or in the case of service upon an agency
21
which is based on that commercial activity or on rights
22 or instrumentality of a foreign state or political subdivision
22
in property taken in violation of international law and
23 to such other officer or agent as is authorized under the law
23
present in the United States in connection with that
24 of the foreign state or of the United States to receive service
24
activity,
or
25 of process in the particular case, and, in each case, by also
25
(2) the foreign state or political subdivision has
8
9
1
waived its immunity from attachment for purposes of
1
state or political subdivision has waived its immunity
2
execution or from execution of a judgment either ex-
2
from attachment for purposes of execution or from execu-
3
plicitly or by implication, notwithstanding any pur-
3
tion of a judgment either explicitly or by implication,
4
ported withdrawal of the waiver after the claim arose.
4
notwithstanding any purported withdrawal of the waiver
5
(b) The assets in the United States of an agency or
5
after the claim arose.
6 instrumentality of a foreign state or of an agency or instru-
6 "§ 1611. Certain types of assets immune from execution
7 mentality of a political subdivision of a foreign state, which
7
"Notwithstanding" the provisions of section 1610 of this
8 is engaged in a commercial activity in the United States, or
8 chapter, assets of a foreign state shall be immune from
9 does an act in the United States in connection with such a
9 attachment and from execution, if-
10 commercial activity elsewhere, or does an act outside the
10
(1) the assets are those of a foreign central bank
11 territory of the United States in connection with a commer-
11
or monetary authority held for its own account; or
12 cial activity elsewhere and the act has a direct effect within
12
" (2) the assets are, or are intended to be, used in
13 the territory of the United States, shall not be immune from
13
connection with a military activity and
14 attachment for purposes of execution or from execution of a
14
(a) are of a military character, or
15 judgment rendered against that agency or instrumentality if-
15
(b) are under the control of a military author-
16
(1) such attachment or execution relates to a claim
16
ity or defense agency."; and
17
which is based on a commercial activity in the United
17
(2) by inserting in the analysis of Part IV, "Juris-
18
States or such an act, or on rights in property taken in
18
diction and Venue," of that title after
19
violation of international law and present in the United
"95. Customs Court.",
20
States in connection with such a commercial activity in
19 the following new item:
21
the United States, or on rights in property taken in
"97. Jurisdictional Immunities of Foreign States.".
22
violation of international law and owned or operated by
20
SEC. 2. Chapter 85 of title 28, United States Code, is
23
an agency or instrumentality which is engaged in a com-
21
amended-
24
mercial activity in the United States; or
22
(1) by inserting immediately before section 1331
25
(2) the agency or instrumentality or the foreign
23
the following new section:
10
11
1 "§ 1330. Actions against foreign states
1 section 1332 (c) and (d) of this title may, except as
2
"
(a) The district courts shall have original jurisdiction
2 otherwise provided by law, be brought in a judicial dis-
3 of all civil actions, regardless of the amount in controversy,
3 trict where: (1) a substantial part of the events or omissions
4 against foreign states or political subdivisions of foreign
4 giving rise to the claim occurred, or (2) a substantial
5 states, or agencies or instrumentalities of such a state or sub-
5 part of the property that is the subject of the action is
6 division, other than agencies or instrumentalities which are
6 situated, or (3) the agency or instrumentality is licensed to
7 citizens of a State of the United States as defined in section
7 do business or is doing business, if the action is brought
8 1332 (c) and (d) of this title.
8 against an agency or instrumentality, or (4) in the United
9
" (b) This section does not affect the jurisdiction of the
9 States District Court for the District of Columbia if the
10 district courts of the United States with respect to civil ac-
10 action is brought against a foreign state or political sub-
11 tions against agencies or instrumentalities of a foreign state
11 division. Nothing in this subsection shall affect the venue of
12 or political subdivision thereof which agencies or instrumen-
12 actions against agencies or instrumentalities of a foreign
13 talities are citizens of a State of the United States, as defined
13 state or political subdivision thereof which agencies or in-
14 in section 1332 (c) and (d) of this title."; and
14 strumentalities are citizens of a State of the United States,
15
(2) by inserting in the chapter analysis of that
15 as defined in section 1332 (c) and (d) of this title."
16
chapter before
16
SEC. 4. Section 1441 of title 28, United States Code, is
"1331. Federal question; amount in controversy; costs."
17 amended by adding a new subsection (d), to read as follows:
17 the following new item:
18
" (d) Any civil action brought in a State court against
"1330. Actions against foreign states.".
19 a foreign state, or a political subdivision of a foreign state,
18
SEC. 3. Section 1391 of title 28, United States Code, is
20 or an agency or instrumentality of such a state or subdivision
19 amended by adding a new subsection (f), to read as follows:
21 which agency or instrumentality is not a citizen of a State of
20
" (f) A civil action against a foreign state, or a political
22 the United States as defined in section 1332 (c) and (d) of
21 subdivision of a foreign state, or an agency or instrumentality
23 this title, may be removed by the foreign state, subdivision,
22 of such a state or subdivision which agency or instrumentality
24 agency or instrumentality to the district court of the United
23 is not a citizen of a State of the United States as defined in
25 States for the district and division embracing the place where
12
1 such action is pending. Nothing in this subsection shall affect
2 the removal of actions against agencies or instrumentalities of
3 a foreign state or political subdivision thereof which agencies
4 or instrumentalities are citizens of a State of the United
5 States, as defined in section 1332 (c) and (d) of this title."
6
SEC. 5. Section 1332 of title 28, United States Code, is
7 amended by striking subsections (a) (2) and (3) and sub-
8 stituting in their place the following 06 tenings
8
9 ti sidiable (2) citizens of a State and citizens or subjects of
10
lioia foreign state; and
et
11 " (3) citizens of different States and in which citi-
12
zens or subjects of a foreign state are additional parties."
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93D CONGRESS
1ST SESSION
H. R. 3493
A BILL
To define the circumstances in which foreign
states are immune from the jurisdiction of
United States courts and in which execution
may not be levied on their assets, and for
other purposes.
By Mr. RODINO and Mr. HUTCHINSON
JANUARY 31, 1973
Referred to the Committee on the Judiciary
to
noitoibermi to
to rtianami
to of III
to
to
bre
93D CONGRESS
1ST SESSION
H.R. 3493
to bas 8
4
IN THE HOUSE OF REPRESENTATIVES
a
JANUARY 31, 1973
a
Mr. RODINO (for himself and Mr. HUTCHINSON) introduced the following bill;
which was referred to the Committee on the Judiciary
to T
8
to noitoibeiwj e
A
BILL
or
To define the circumstances in which foreign states are immune
from the jurisdiction of United States courts and in which
погродное st
execution may not be levied on their assets, and for other
81
purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That title 28, United States Code, as amended
4
(1) by inserting after chapter 95 the following new
5 Chapter: (s)
I
2
3
1 "Chapter 97.-JURISDICTIONAL IMMUNITIES OF
1 tions 1608 and 1610, a 'foreign state includes a political
2
FOREIGN STATES
2 subdivision of that foreign state, or an agency or instrumen-
"Sec.
3 tality of such a state or subdivision.
8
"1602. Findings and declaration of purpose.
"1603. Definitions.
4
(b) For the purposes of this chapter, a 'commercial
"1604. Immunity of foreign states from jurisdiction.
"1605. General exceptions to the jurisdictional immunity of foreign states.
"1606. Immunity in cases relating to the public debt of a foreign state.
5 activity' means either a regular course of commercial conduct
"1607. Counterclaims.
"1608. Service of process in United States district courts.
6 or a particular commercial transaction or act. The commer-
"1609. Immunity from execution and attachment of assets of foreign
states.
7 cial character of an activity shall be determined by reference
"1610. Exceptions to the immunity from execution of assets of foreign
states.
8 to the nature of the course of conduct or particular transaction
"1611. Certain types of assets immune from execution.
9 or act, rather than by reference to its purpose.
e
3 "§ 1602. Findings and declaration of purpose
10 "§ 1604. Immunity of foreign states from jurisdiction
or
4
"The Congress finds that the determination by United
11
"Subject to existing and future international agreements
5 States courts of the claims of foreign states to immunity
12 to which the United States is a party, a foreign state shall be
6 from the jurisdiction of such courts would serve the interests
13 immune from the jurisdiction of the courts of the United
7 of justice and would protect the rights of both foreign states
14 States and of the States except as provided in this chapter.
8 and litigants in United States courts. Under international
15 "§ 1605. General exceptions to the jurisdictional immunity
9 law, states are not immune from the jurisdiction of foreign
16
of
foreign
states
10 courts in SO far as their commercial activities are concerned,
17
"A foreign state shall not be immune from the jursidic-
11 and their commercial property may be levied upon for the
18 tion of courts of the United States or of the States in any
12 satisfaction of judgments rendered against them in connection
19
case
13 with their commercial activities. Claims of foreign states
20
14 to immunity should henceforth be decided by United States
" (1) in which the foreign state has waived its im-
15 courts in conformity with these principles as set forth in
21 tening munity either explicitly or by implication, notwithstand-
16 this chapter and other principles of international law.
22 ing any withdrawal of the waiver which the foreign
17
23 state may purport to effect after the claim arose;
1603. Definitions
18
24 (2) in which the action is based upon a commer-
" (a) For the purposes of this chapter, other than sec-
25 cial activity carried on in the United States by the for-
4
5
1
eign state; or upon an act performed in the United States
1
eign state shall be immune in any case under this para-
2
in connection with a commercial activity of the foreign
2
graph in which a remedy is available under Article
3
state elsewhere; or upon an act outside the territory of
3
VIII of the Agreement Between the Parties to the
4
the United States in connection with a commercial ac-
4
North Atlantic Treaty Regarding the Status of Their
5
tivity of the foreign state elsewhere and that act has a
5
Forces.
6
direct effect within the territory of the United States;
6 1606. Immunity in cases relating to the public debt of a
7
(3) in which rights in property taken in viola-
7
foreign state
8
tion of international law are in issue and that property
8
9
" (a) A foreign state shall be immune from the jurisdic-
or any property exchanged for such property is present
9 tion of the courts of the United States and of the States in
10
in the United States in connection with a commercial ac-
11
10 any case relating to its public debt, except if-
tivity carried on in the United States by the foreign state
11
12
(1) the foreign state has waived its immunity ex-
or that property or any property exchanged for such
12
13
plicitly, notwithstanding any withdrawal of the waiver
property is owned or operated by an agency or instru-
13
which the foreign state may purport to effect after the
14
mentality of the foreign state or of a political subdivision
14
claim arose; or
15
of the foreign state and that agency or instrumentality is
15
" (2) the case, whether or not falling within the
16
engaged in a commercial activity in the United States;
16
scope of section 1605, relates to the public debt of a
17
(4) in which rights in property in the United
17
political subdivision of a foreign state, or of an agency
18
States; acquired by succession or gift, or rights in im-
18
or instrumentality of such a state or subdivision.
19
movable property situated in the United States are in
19
(b) Nothing in this chapter shall be construed as im-
20
issue;
or
20 pairing any remedy afforded under sections 77 (a) through
21
(5) in which money damages are sought against a
21 80 (b) -21 of Title 15, United States Code, as amended, or
22
foreign state for personal injury or death, or damage to or
22
any other statute which may hereafter be administered by the
23
loss of property, caused by the negligent or wrongful
23
United States Securities and Exchange Commission.
24 act or omission in the United States of that foreign state
24
"§ 1607. Counterclaims
25
or of any official or employee thereof except that a for-
25
"In any action brought by a foreign state in a court of
6
7
1
the United States or of any State, the foreign state shall not
1 sending two copies of the summons and of the complaint by
2 be accorded immunity with respect to
2 registered or certified mail to the Secretary of State at Wash-
3
(1) any counterclaim arising out of the transac-
3 ington, District of Columbia, who in turn shall transmit one
4
to tion or occurrence that is the subject matter of the claim
4 of these copies by a diplomatic note to the department of the
5
of the foreign state; or
5 government of the foreign state charged with the conduct
6.0 oild (2) any other counterclaim that does not claim
6 of the foreign relations of that state.
7
relief exceeding in amount or differing in kind from that
7 "§ 1609. Immunity from execution and attachment of
8
sought by the foreign state. A
8
assets of foreign states
8
9 "§ 1608. Service of process in United States district courts
9
"The assets in the United States of a foreign state shall
10
"Service in the district courts shall be made upon a
10 be immune from attachment and from execution, except as
11 foreign state or a political subdivision of a foreign state and
11 provided in section 1610 of this chapter.
12 may be made upon an agency or instrumentality of such a
12 "§ 1610. Exceptions to the immunity from execution of
13 state or subdivision which agency or instrumentality is not a
13
assets of foreign states
14 citizen of the United States as defined in section 1332 (c)
14
(a) The assets in the United States of a foreign state
15 and (d) of this title by delivering a copy of the summons
15 or political subdivision of a foreign state, to the extent that
16 and complaint by registered or certified mail, to be addressed
16 they are used for a particular commercial activity in the
17 and dispatched by the clerk of the court, to the ambassador
17 United States, shall not be immune from attachment for
18 or chief of mission of the foreign state accredited to the Gov-
18 purposes of execution or from execution of a judgment ren-
19 ernment of the United States, to the ambassador or chief of
19 dered against that foreign state or political subdivision if+
20 mission of another state then acting as protecting power for
20
(1) such attachment or execution relates to a claim
21 such foreign state, or in the case of service upon an agency
21
which is based on that commercial activity or on rights
22 or instrumentality of a foreign state or political subdivision
22
in property taken in violation of international law and
23 to such other officer or agent as is authorized under the law
23
present in the United States in connection with that
24 of the foreign state or of the United States to receive service
24
activity,
or
25 of process in the particular case, and, in each case, by also
25
to (2) the foreign state or political subdivision has
8
9
1 waived its immunity from attachment for purposes of
1
state or political subdivision has waived its immunity
2 execution or from execution of a judgment either ex-
2 from attachment for purposes of execution or from execu-
3 plicitly or by implication, notwithstanding any pur-
3
of a judgment either explicitly or by implication,
4 to ported withdrawal of the waiver after the claim arose.
4
notwithstanding any purported withdrawal of the waiver
5
(b) The assets in the United States of an agency or
5
after
the
claim
arose.
6 instrumentality of a foreign state or of an agency or instru-
6 "§ 1611. Certain types of assets immune from execution
10 mentality of a political subdivision of a foreign state, which
7
"Notwithstanding" the provisions of section 1610 of this
8 is engaged in a commercial activity in the United States, or
8 chapter, assets of a foreign state shall be immune from
9 does an act in the United States in connection with such a
9 attachment and from execution, (di)
10 commercial activity elsewhere, or does an act outside the
10 (1) the assets are those of a foreign central bank
11 territory of the United States in connection with a commer-
11
or monetary authority held for its own account; or
12 cial activity elsewhere and the act has a direct effect within
12
(2) the assets are, or are intended to be, used in
13 the territory of the United States, shall not be immune from
13 connection with a military activity and
14 attachment for purposes of execution or from execution of a
14
(a) are of a military character, or
15 judgment rendered against that agency or instrumentality if-
15
(b) are under the control of a military author-
16
(1) such attachment or execution relates to a claim
16
ity or defense agency."; and
17
which is based on a commercial activity in the United
17
(2) by inserting in the analysis of Part IV, "Juris-
51
18
States or such an act, or on rights in property taken in
18
diction and Venue," of that title after
19
violation of international law and present in the United
"95. Customs Court.",
20
States in connection with such a commercial activity in
19 the following new item:
21
the United States, or on rights in property taken in
"97. Jurisdictional Immunities of Foreign States.".
22
violation of international law and owned or operated by
20
SEC. 2. Chapter 85 of title 28, United States Code, is
an agency or instrumentality which is engaged in a com-
21
amended-
23
24
mercial activity in the United States; or
22
(1) by inserting immediately before section 1331
10
25 (2) the agency or instrumentality or the foreign
23
the following new section:
10
11
1 1330. Actions against foreign states
1 section 1332 (c) and (d) of this title may, except Las
2
(a) The district courts shall have original jurisdiction
2 otherwise provided by law, be brought in a judicial dis-
3 of all civil actions, regardless of the amount in controversy,
3 trict where: (1) substantial part of the events or omissions
4 against foreign states or political subdivisions of foreign
ingiving rise to the claim occurred, or (2) a substantial
5 states, or agencies or instrumentalities of such a state or sub-
5 part of the property that is the subject of the action is
6 division, other than agencies or instrumentalities which are
6 situated, or (3) the agency or instrumentality is licensed to
7 citizens of a State of the United States as defined in section
dua do business or is doing business, if the action is brought
8 1332 (c) and (d) of this title.
8 against an agency or instrumentality, or (4) in the United
9
"
(b) This section does not affect the jurisdiction of the
9 States District Court for the District of Columbia if the
10 district courts of the United States with respect to civil ac-
10 action is brought against a foreign: state or political sub-
11 tions against agencies or instrumentalities of a foreign state
11 division. Nothing in this subsection shall affect the venue of
12 or political subdivision thereof which agencies or instrumen-
12 actions against agencies or instrumentalities of a foreign
13 talities are citizens of a State of the United States, as defined
13 state or political subdivision thereof which agencies or in-
14 in section 1332 (c) and (d) of this title."; and
14 strumentalities are citizens of a State of the United States,
15
(2) by inserting in the chapter analysis of that
15 as defined in section 1332 (c) and (d) of this title."
16
chapter before
16
SEC. 4. Section 1441 of title 28, United States Code, is
"1331. Federal question; amount in controversy; costs."
17 amended by adding a new subsection (d), to read as follows:
17 the following new item:
18
" (d) Any civil action brought in a State court against
"1330. Actions against foreign states.".
19 a foreign state, or a political subdivision of a foreign state,
18
SEC. 3. Section 1391 of title 28, United States Code, is
20 or an agency or instrumentality of such a state or subdivision
19 amended by adding a new subsection (f), to read as follows:
21 which agency or instrumentality is not a citizen of a State of
20
" (f) A civil action against a foreign state, or a political
22 the United States as defined in section 1332 (c) and (d) of
21 subdivision of a foreign state, or an agency or instrumentality
23 this title, may be removed by the foreign state, subdivision,
22 of such a state or subdivision which agency or instrumentality
24 agency or instrumentality to the district court of the United
23 is not a citizen of a State of the United States as defined in
25 States for the district and division embracing the place where
12
1 such action is pending. Nothing in this subsection shall affect
2 the removal of actions against agencies or instrumentalities of
3 a foreign state or political subdivision thereof which agencies
Leitn or instrumentalities are citizens of a State of the United
ai
5 States, as defined in section 1332 (c) and (d) of this title."
Gosting SEC. 5. Section 1332 of title 28, United States Code, is
7. amended by striking subsections (a) (2) and (3) and sub-
8 stituting in their place the following: vonage ITS lamings
8
9 li nidmisto (2) citizens of a State and citizens or subjects of
10. frigi a foreign state; and OF
11 " (3) citizens of different States and in which citi-
12 rel zens or subjects of a foreign state are additional parties."
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15
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81
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18
SEC. Section of Code,
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19 amended by adding new subsection (1), to read as follows
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21 subdivision of a foreign state, or an agency
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93D CONGRESS
1ST SESSION
H. R. 3493
A BILL
To define the circumstances in which foreign
states are immune from the jurisdiction of
United States courts and in which execution
may not be levied on their assets, and for
other purposes.
By Mr. RODINO and Mr. HUTCHINSON
JANUARY 31, 1973
Referred to the Committee on the Judiciary