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d that: "The amendments made by this Act [amending this section and section 1610 of this title] shall apply to actions commenced on or after the date of the enactment of this Act [Nov. 9, 1988]." CIVIL LIABILITY FOR ACTS OF STATE SPONSORED TERRORISM Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec. 589], Sept. 30, 1996, 110 Stat. 3009-121, 3009-172, provided that: "(a) an [sic] official, employee, or agent of a foreign state designated as a state sponsor of terrorism designated [sic] under section 6(j) of the Export Administration Act of 1979 [50 App. U.S.C. 2405(j)] while acting within the scope of his or her office, employment, or agency shall be liable to a United States national or the national's legal representative for personal injury or death caused by acts of that official, employee, or agent for which the courts of the United States may maintain jurisdiction under section 1605(a)(7) of title 28, United States Code, for money damages which may include economic damages, solatium, pain, and suffering, and punitive damages if the acts were among those described in section 1605(a)(7). "(b) Provisions related to statute of limitations and limitations on discovery that would apply to an action brought under 28 U.S.C. 1605(f) and (g) shall also apply to actions brought under this section. No action shall be maintained under this action [sic] if an official, employee, or agent of the United States, while acting within the scope of his or her office, employment, or agency would not be liable for such acts if carried out within the United States." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1330, 1391, 1604, 1606, 1607, 1610 of this title; title 15 section 15. -End- -CITE- 28 USC Sec. 1606 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES -HEAD- Sec. 1606. Extent of liability -STATUTE- As to any claim for relief with respect to which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances; but a foreign state except for an agency or instrumentality thereof shall not be liable for punitive damages; if, however, in any case wherein death was caused, the law of the place where the action or omission occurred provides, or has been construed to provide, for damages only punitive in nature, the foreign state shall be liable for actual or compensatory damages measured by the pecuniary injuries resulting from such death which were incurred by the persons for whose benefit the action was brought. -SOURCE- (Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(b)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-491; Pub. L. 106-386, div. C, Sec. 2002(g)(2), formerly Sec. 2002(f)(2), Oct. 28, 2000, 114 Stat. 1543, renumbered Sec. 2002(g)(2), Pub. L. 107-297, title II, Sec. 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.) -MISC1- AMENDMENTS 2000 - Pub. L. 106-386, Sec. 2002(g)(2), formerly Sec. 2002(f)(2), as renumbered by Pub. L. 107-297, which directed repeal of section 101(h) [title I, Sec. 117(b)] of div. A of Pub. L. 105-277, was executed by striking out ", except any action under section 1605(a)(7) or 1610(f)" after "punitive damages", to reflect the probable intent of Congress. See 1998 Amendment note below. 1998 - Pub. L. 105-277 inserted ", except any action under section 1605(a)(7) or 1610(f)" after "punitive damages". EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-277 applicable to any claim for which a foreign state is not immune under section 1605(a)(7) of this title arising before, on, or after Oct. 21, 1998, see section 101(h) [title I, Sec. 117(c)] of Pub. L. 105-277, set out as a note under section 1610 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1330, 1604 of this title. -End- -CITE- 28 USC Sec. 1607 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES -HEAD- Sec. 1607. Counterclaims -STATUTE- In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim - (a) for which a foreign state would not be entitled to immunity under section 1605 of this chapter had such claim been brought in a separate action against the foreign state; or (b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or (c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state. -SOURCE- (Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2894.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1330, 1604, 1605, 1606 of this title. -End- -CITE- 28 USC Sec. 1608 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES -HEAD- Sec. 1608. Service; time to answer; default -STATUTE- (a) Service in the courts of the United States and of the States shall be made upon a foreign state or political subdivision of a foreign state: (1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the foreign state or political subdivision; or (2) if no special arrangement exists, by delivery of a copy of the summons and complaint in accordance with an applicable international convention on service of judicial documents; or (3) if service cannot be made under paragraphs (1) or (2), by sending a copy of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned, or (4) if service cannot be made within 30 days under paragraph (3), by sending two copies of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the Secretary of State in Washington, District of Columbia, to the attention of the Director of Special Consular Services - and the Secretary shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted. As used in this subsection, a "notice of suit" shall mean a notice addressed to a foreign state and in a form prescribed by the Secretary of State by regulation. (b) Service in the courts of the United States and of the States shall be made upon an agency or instrumentality of a foreign state: (1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the agency or instrumentality; or (2) if no special arrangement exists, by delivery of a copy of the summons and complaint either to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process in the United States; or in accordance with an applicable international convention on service of judicial documents; or (3) if service cannot be made under paragraphs (1) or (2), and if reasonably calculated to give actual notice, by delivery of a copy of the summons and complaint, together with a translation of each into the official language of the foreign state - (A) as directed by an authority of the foreign state or political subdivision in response to a letter rogatory or request or (B) by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the agency or instrumentality to be served, or (C) as directed by order of the court consistent with the law of the place where service is to be made. (c) Service shall be deemed to have been made - (1) in the case of service under subsection (a)(4), as of the date of transmittal indicated in the certified copy of the diplomatic note; and (2) in any other case under this section, as of the date of receipt indicated in the certification, signed and returned postal receipt, or other proof of service applicable to the method of service employed. (d) In any action brought in a court of the United States or of a State, a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state shall serve an answer or other responsive pleading to the complaint within sixty days after service has been made under this section. (e) No judgment by default shall be entered by a court of the United States or of a State against a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court. A copy of any such default judgment shall be sent to the foreign state or political subdivision in the manner prescribed for service in this section. -SOURCE- (Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2894.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1330, 1603, 1605, 1610 of this title; title 22 section 6082. -End- -CITE- 28 USC Sec. 1609 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES -HEAD- Sec. 1609. Immunity from attachment and execution of property of a foreign state -STATUTE- Subject to existing international agreements to which the United States is a party at the time of enactment of this Act the property in the United States of a foreign state shall be immune from attachment arrest and execution except as provided in sections 1610 and 1611 of this chapter. -SOURCE- (Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2895.) -REFTEXT- REFERENCES IN TEXT The time of enactment of this Act, referred to in text, probably means the time of enactment of Pub. L. 94-583, which was approved Oct. 21, 1976. -End- -CITE- 28 USC Sec. 1610 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES -HEAD- Sec. 1610. Exceptions to the immunity from attachment or execution -STATUTE- (a) The property in the United States of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if - (1) the foreign state has waived its immunity from attachment in aid of execution or from execution either explicitly or by implication, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or (2) the property is or was used for the commercial activity upon which the claim is based, or (3) the execution relates to a judgment establishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or (4) the execution relates to a judgment establishing rights in property - (A) which is acquired by succession or gift, or (B) which is immovable and situated in the United States: Provided, That such property is not used for purposes of maintaining a diplomatic or consular mission or the residence of the Chief of such mission, or (5) the property consists of any contractual obligation or any proceeds from such a contractual obligation to indemnify or hold harmless the foreign state or its employees under a policy of automobile or other liability or casualty insurance covering the claim which merged into the judgment, or (6) the judgment is based on an order confirming an arbitral award rendered against the foreign state, provided that attachment in aid of execution, or execution, would not be inconsistent with any provision in the arbitral agreement, or (7) the judgment relates to a claim for which the foreign state is not immune under section 1605(a)(7), regardless of whether the property is or was involved with the act upon which the claim is based. (b) In addition to subsection (a), any property in the United States of an agency or instrumentality of a foreign state engaged in commercial activity in the United States shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if - (1) the agency or instrumentality has waived its immunity from attachment in aid of execution or from execution either explicitly or implicitly, notwithstanding any withdrawal of the waiver the agency or instrumentality may purport to effect except in accordance with the terms of the waiver, or (2) the judgment relates to a claim for which the agency or instrumentality is not immune by virtue of section 1605(a)(2), (3), (5), or (7), or 1605(b) of this chapter, regardless of whether the property is or was involved in the act upon which the claim is based. (c) No attachment or execution referred to in subsections (a) and (b) of this section shall be permitted until the court has ordered such attachment and execution after having determined that a reasonable period of time has elapsed following the entry of judgment and the giving of any notice required under section 1608(e) of this chapter. (d) The property of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment prior to the entry of judgment in any action brought in a court of the United States or of a State, or prior to the elapse of the period of time provided in subsection (c) of this section, if - (1) the foreign state has explicitly waived its immunity from attachment prior to judgment, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, and (2) the purpose of the attachment is to secure satisfaction of a judgment that has been or may ultimately be entered against the foreign state, and not to obtain jurisdiction. (e) The vessels of a foreign state shall not be immune from arrest in rem, interlocutory sale, and execution in actions brought to foreclose a preferred mortgage as provided in section 1605(d). (f)(1)(A) Notwithstanding any other provision of law, including but not limited to section 208(f) of the Foreign Missions Act (22 U.S.C. 4308(f)), and except as provided in subparagraph (B), any property with respect to which financial transactions are prohibited or regulated pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701-1702), or any other proclamation, order, regulation, or license issued pursuant thereto, shall be subject to execution or attachment in aid of execution of any judgment relating to a claim for which a foreign state (including any agency or instrumentality or such state) claiming such property is not immune under section 1605(a)(7). (B) Subparagraph (A) shall not apply if, at the time the property is expropriated or seized by the foreign state, the property has been held in title by a natural person or, if held in trust, has been held for the benefit of a natural person or persons. (2)(A) At the request of any party in whose favor a judgment has been issued with respect to a claim for which the foreign state is not immune under section 1605(a)(7), the Secretary of the Treasury and the Secretary of State should make every effort to fully, promptly, and effectively assist any judgment creditor or any court that has issued any such judgment in identifying, locating, and executing against the property of that foreign state or any agency or instrumentality of such state. (B) In providing such assistance, the Secretaries - (i) may provide such information to the court under seal; and (ii) should make every effort to provide the information in a manner sufficient to allow the court to direct the United States Marshall's office to promptly and effectively execute against that property. (3) Waiver. - The President may waive any provision of paragraph (1) in the interest of national security. -SOURCE- (Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2896; amended Pub. L. 100-640, Sec. 2, Nov. 9, 1988, 102 Stat. 3333; Pub. L. 100-669, Sec. 3, Nov. 16, 1988, 102 Stat. 3969; Pub. L. 101-650, title III, Sec. 325(b)(9), Dec. 1, 1990, 104 Stat. 5121; Pub. L. 104-132, title II, Sec. 221(b), Apr. 24, 1996, 110 Stat. 1242; Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(a)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-491; Pub. L. 106-386, div. C, Sec. 2002(g)(1), formerly Sec. 2002(f)(1), Oct. 28, 2000, 114 Stat. 1543, renumbered Sec. 2002(g)(1), Pub. L. 107-297, title II, Sec. 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.) -REFTEXT- REFERENCES IN TEXT The effective date of this Act, referred to in subsecs. (a) and (b), is 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94-583, set out as an Effective Date note under section 1602 of this title. -MISC1- AMENDMENTS 2000 - Subsec. (f)(2)(A), (B)(ii). Pub. L. 106-386, Sec. 2002(g)(1)(A), formerly Sec. 2002(f)(1)(A), as renumbered by Pub. L. 107-297, substituted "should make every effort to" for "shall". Subsec. (f)(3). Pub. L. 106-386, Sec. 2002(g)(1)(B), formerly Sec. 2002(f)(1)(B), as renumbered by Pub. L. 107-297, added par. (3). 1998 - Subsec. (f). Pub. L. 105-277 added subsec. (f). 1996 - Subsec. (a)(7). Pub. L. 104-132, Sec. 221(b)(1), added par. (7). Subsec. (b)(2). Pub. L. 104-132, Sec. 221(b)(2), substituted "(5), or (7)," for "or (5)," and "involved in the act" for "used for the activity". 1990 - Subsecs. (a)(6), (e). Pub. L. 101-650 substituted "state" for "State" after "foreign". 1988 - Subsec. (a)(6). Pub. L. 100-669 added par. (6). Subsec. (e). Pub. L. 100-640 added subsec. (e). EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(c)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-491, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 1606 of this title] shall apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of enactment of this Act [Oct. 21, 1998]." EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-132 applicable to any cause of action arising before, on, or after Apr. 24, 1996, see section 221(c) of Pub. L. 104-132, set out as a note under section 1605 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-640 applicable to actions commenced on or after Nov. 9, 1988, see section 3 of Pub. L. 100-640, set out as a note under section 1605 of this title. SATISFACTION OF JUDGMENTS FROM BLOCKED ASSETS OF TERRORISTS, TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM Pub. L. 107-297, title II, Sec. 201(a), (b), (d), Nov. 26, 2002, 116 Stat. 2337, 2339, provided that: "(a) In General. - Notwithstanding any other provision of law, and except as provided in subsection (b), in every case in which a person has obtained a judgment against a terrorist party on a claim based upon an act of terrorism, or for which a terrorist party is not immune under section 1605(a)(7) of title 28, United States Code, the blocked assets of that terrorist party (including the blocked assets of any agency or instrumentality of that terrorist party) shall be subject to execution or attachment in aid of execution in order to satisfy such judgment to the extent of any compensatory damages for which such terrorist party has been adjudged liable. "(b) Presidential Waiver. - "(1) In general. - Subject to paragraph (2), upon determining on an asset-by-asset basis that a waiver is necessary in the national security interest, the President may waive the requirements of subsection (a) in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. "(2) Exception. - A waiver under this subsection shall not apply to - "(A) property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations that has been used by the United States for any nondiplomatic purpose (including use as rental property), or the proceeds of such use; or "(B) the proceeds of any sale or transfer for value to a third party of any asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. "(d) Definitions. - In this section, the following definitions shall apply: "(1) Act of terrorism. - The term 'act of terrorism' means - "(A) any act or event certified under section 102(1) [Pub. L. 107-297, set out in a note under section 6701 of Title 15, Commerce and Trade]; or "(B) to the extent not covered by subparagraph (A), any terrorist activity (as defined in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii))). "(2) Blocked asset. - The term 'blocked asset' means - "(A) any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) or under sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701; 1702); and "(B) does not include property that - "(i) is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a transaction for which the issuance of such license has been specifically required by statute other than the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.); or "(ii) in the case of property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges

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