Code chapter 97 jurisdictional immunities of foreign states. The legislative record strongly suggests that, when congress enacted section 1650a in 1966, a decade before it passed the fsia, it contemplated that actions against foreign sovereigns under section 1650a would remain subject to sovereign immunity. The foreign sovereign immunities act fsia of 1976 is a united states law, codified at title 28, 30, 32, 91f, 1441d, and 16021611 of the united. Exceptions to the immunity from attachment or execution. The united states moved to the restrictive theory in the early 1950s, and adopted it by statute in 1976 the fsia. The foreign sovereign immunities act of 1976 fsia is the primary means for bringing a lawsuit against a foreign sovereign or its agencies and instrumentalities. Service of process under the foreign sovereign immunities act.
Foreign sovereign immunities act of 1976 fsia law and legal. Apr 17, 2020 the foreign sovereign immunities act fsia of 1976 is a united states law, codified at title 28, 30, 32, 91f, 1441d, and 16021611 of the united states code, that establishes the limitations as to whether a foreign sovereign nation or its political subdivisions, agencies, or instrumentalities may be sued in u. Long before the passage of the foreign sovereign immunities act of 1976 1 f. Oct 24, 2010 the foreign sovereign immunities act fsia of 1976 is a united states law, codified at title 28, 30, 32, 91f, 1441d, and 16021611 of the united states code, that establishes the. Granne many foreign states are active players in global commerce. Proposed amendments to foreign sovereign immunities act of.
Foreign sovereign immunity is the principle of international law under which. Sovereign immunity as a doctrine of international law was first recognized in our courts in the landmark case of the schooner exchange v. Litigation involving the foreign sovereign immunities act fsia continues to be an active and dynamic area of the law. Terrorism exception to the jurisdictional immunity. Immunities act of 1976 to better accommodate nonmarket economies. Enactment of the foreign sovereign immunities act of 1976 is not the only recent development of note with regard to vol. If an exception applies, the fsia provides subjectmatter jurisdiction in federal district court, 30a, and personal jurisdic. The fsia is the primary means to bring a lawsuit against a foreign sovereign in the united states. Formerly 19741981, as deputy legal adviser of the us department of state, the author was one of the draftsmen of the foreign sovereign immunities act of 1976.
Foreign sovereign immunities act of 1976 fsia about. An assessment of the service provisions of the foreign sovereign immunities act of 1976 diego c. In 2010, the number of published opinions issued in united states federal courts remained consistently high, with more than published decisions over the course of the year, including one opinion by the u. Mandatory notice foreign sovereign immunities act sections. The foreign sovereign immunities act fsia is a united states federal law that was into law by president gerald ford on october 21, 1976. The foreign sovereign immunities act of 1976 fsia generally immunizes foreign states from suit in this country unless one of several enumerated exceptions to immunity applies. General exceptions to the jurisdictional immunity of a foreign state.
Direct effects and minimum contacts, cornell international law journal. Jurisdictional immunities of foreign states 3 codification of the restrictive theory of sovereign immunity. The foreign sovereign immunities act, first passed in 1976, defines and governs the immunity of foreign governments from suit in the united states. The foreign sovereign immunities act of 1976 by dumont clarke, iv as the level of international trade undertaken by sovereign states or their agencies has steadily increased, so too has concern over the con. Chairman, committee on revision of the foreign sovereign immunities act of the american bar associations section of international law and practice. Suing a foreign government under the united states antitrust. Defining organ of a foreign state under the foreign sovereign immunities act of 1976 michael a. Foreign sovereign immunity act of 1976 notes and questions 1. This doctrine of sovereign immunity was codified and modified in the federal sovereign immunities act of 1976 fsia. Foreign sovereign immunities act provides the sole basis for obtaining jurisdiction over a foreign state.
In american constitutional law, a doctrine known as sovereign immunity bars suits against the federal and state governments in most circumstances. The foreign sovereign immunities act of 1976 heinonline. The original documents are located in box 69, folder 102176 hr115 foreign sovereign immunities act of 1976 of the white house records office. Foreign soverign immunities act grants united states district courts original jurisdiction, without regard to amount in controversy, of any nonjury civil action against a foreign state as to any claim for relief in person with respect to which the foreign state is not entitled to immunity. Foreign sovereign immunities act of 1976 hereinafter fsia. Hernandez, 2 had established an absolute view of the act of state doc. Lessons from the past for foreign sovereign immunity after. Part of the law commons recommended citation heidi l. Foreign sovereign immunities act of 1976 fsia posts. Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.
The foreign sovereign immunities act of 1976 the fsia, principally governs when and how parties can maintain an action against a foreign state or its agencies or instrumentalities in the courts of the united states and when a foreign state is entitled to sovereign. The foreign sovereign immunities act of 1976 the fsia, principally governs when and how parties can maintain an action against a foreign state or its agencies or instrumentalities in the courts of the united states and when a foreign state is entitled to sovereign immunity. Duquesne university school of law research paper no. The foreign sovereign immunities act, or fsia, was enacted in 1976 following many years of study and consultation between congress and the executive branch, academics, the american bar association, and privatepractitioners. To define the jurisdiction of united states courts in suits against foreign states. In the united states, jurisdiction to bring suit in the courts against a foreign sovereign or its agencies or instrumentalities is governed by the foreign sovereign immunities act of 1976 the fsia. Under the foreign sovereign immunities act fsia or the act, foreign states, sovereigns, and their governments, including political subdivisions, agencies, and instrumentalities, are immune from suit by means of jurisdiction, unless a statutory. Foreign sovereign immunities act of 1976 public law 94583 94th congress an act to define the jurisdiction of united states courts in suits against foreign states, the circumstances in which foreign states are immune from suit and in which execution may not be levied on their property, and for other purposes. In 1976, congress recognized the need for uniform service provisions for foreign sovereigns5 and passed the foreign sovereign immunities act fsia. Sovereign immunity since its promulgation in 1976, the foreign sovereign immunities act fsia provides the sole statutory basis for united states. Faq foreign sovereign immunities act frequently asked. This act enacting this chapter and section 30 of this title, amending sections 32, 91, and 1441 of this title, and enacting provisions set out as notes under this section and section 1 of this title shall take effect ninety days after the date of its enactment. Stewart visiting professor of law, georgetown university law center federal judicial center 20 this federal judicial center publication was undertaken in furtherance of the centers statutory mission to develop and conduct education programs for the judicial branch.
Foreign sovereign immunities act wikimili, the free. 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. Amending the foreign sovereign immunities act of 1976 to. The foreign sovereign immunities act of 1976 the passage of the foreign sovereign immunities act of 1976 manifested a concern of both the executive branch 2 and the congress3 about the use of the sovereign immunity defense by foreign govern. The foreign sovereign immunities act of 1976 flash.
Jurisdiction under the foreign sovereign immunities act. Sovereign immunity is a doctrine of international law under which domestic courts, in appropriate cases, relinquish jurisdiction over a foreign state. The foreign sovereign immunities acts crippling effect on. Many foreign states are active players in global commerce. Search the commercial activity exception to sovereign immunity under the foreign sovereign immunities act for more on each prong, including a detailed discussion of recurring fact patterns and key cases. Under the foreign sovereign immunities act of 1976 michael a.
Mortarat in 1911 the imperial chinese government issued bearer bonds in the sum of six million pounds in order to finance the construction of a section of the hukuang railway running between guangzhou and beijing. Mandatory notice foreign sovereign immunities act sections 1605 and 1607 notice of liability. Under the restrictive theory of sovereign immunity, a state or state instrumentality is immune from the jurisdiction of the courts of another state. In accordance with a timehonored tradition, foreign sovereigns are generally immune from being summoned to court in another country. Foreign sovereign immunities act of 1976 fsia law and. Letter from washington from the october 2017 issue. Immunity from attachment and execution of property of a foreign state. It contains a comprehensive set of legal standards governing claims of immunity. Dry introduction although the restrictive doctrine of sovereign immunity, whereby citizens can sue foreign states in the domestic courts of their states, has. Foreign sovereign immunities act international litigation. Congress adopted the fsia in 1976 to establish clear.
Reforming the foreign sovereign immunities act request pdf. On january 21, 1977, the foreign sovereign immunities act of 1976 act went into effect. The other theory of foreign sovereign immunity, which was rejected by the immunities act, is the absolute doctrine that extends the immunity of a. Foreign sovereign immunities act united states code.
The foreign sovereign immunity act of 1976 fsia, 28 u. Immunities and privileges of members of staffs and of families of. The act of state doctrine and foreign sovereign immunities. The original documents are located in box 69, folder 10. The foreign sovereign immunities act fsia of 1976 is a united states law, codified at title 28, 30, 32, 91f, 1441d, and 16021611 of the united states code, that establishes the limitations as to whether a foreign sovereign nation or its political subdivisions, agencies, or instrumentalities may be sued in u. The foreign sovereign immunities act of 1976 fsia is a united states law that creates limitations on suing a foreign sovereign nation, and its agencies or instrumentalities, in u. The act establishes certain procedures that must be followed when suing a foreign sovereign and attaching property for international debt recovery purposes.
The united states foreign sovereign immunities act of 1976. In what situations do courts recognize the implied waiver exception. Can a uniform interpretat ion of a direct effect be attained under the foreign sovereign immunities act fsia of 1976. The foreign sovereign immunities act doesnt protect deadbeat debtors. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Fall 2011 180 based upon an act outside the territory of the united states in connection with commercial activity of the foreign sovereign, jurisdiction over the foreign sovereign can be obtained if the act causes a direct effect in the united states. An assessment of the service provisions of the foreign. It specifies the conditions that must be met for instituting a lawsuit against a foreign state.
The foreign sovereign immunities act is the international treaty that bars u. Foreign sovereign immunities act, 1976 legal policy for the. Foreign sovereign immunities act legal information institute. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Implied waiver is an important, but narrow, exception to sovereign immunity. May 24, 2015 the foreign sovereign immunities act of 1976, quoted in the literature as fsia, fsia 1976 or act represents for the united states the culmination point of a legal history spanning over more than.
The act is the result of several years of patient effort. Foreign sovereign immunities act of 1976 fsia home facebook. The fsia has codified a restrictive approach to sovereign immunity, denying immunity to private or commercial acts of foreign. If you think any of the information displayed in the pdf is subject to a valid claim, please contact the gerald r. When these states establish or control global enterprises, those entities often seek special treatment available under the foreign sovereign immunities act. The case against retroactive application of the foreign sovereign immunities act of 1976 adam k. Immunities act of 1976 fsia, a statute governing when courts should provide foreign states with sovereign immunity. Defining organ of a foreign state under the foreign. The socalled restrictive theory of sovereign immunity. The case against retroactive application of the foreign. This guide provides an overview of the foreign sovereign immuni ties act of 1976 fsia. The foreign sovereign immunities act federal judicial center. The act establishes certain procedures that must be followed when suing a foreign sovereign.