---
kind: "range"
citation: "28 U.S.C. §§ 1605–1607"
title: "28"
from: "1605"
to: "1607"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/28/1605..1607"
---

# §1605. General exceptions to the jurisdictional immunity of a foreign state

- (a) A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case—
  - (1) in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of the waiver which the foreign state may purport to effect except in accordance with the terms of the waiver;
  - (2) in which the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States;
  - (3) in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or that property or any property exchanged for such property is owned or operated by an [agency](/usc/28/451.md) or instrumentality of the foreign state and that [agency](/usc/28/451.md) or instrumentality is engaged in a commercial activity in the United States;
  - (4) in which rights in property in the United States acquired by succession or gift or rights in immovable property situated in the United States are in issue;
  - (5) not otherwise encompassed in [paragraph (2)](#a-2) above, in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment; except this paragraph shall not apply to—
    - (A) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function regardless of whether the discretion be abused, or
    - (B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights; or
  - (6) in which the action is brought, either to enforce an agreement made by the foreign state with or for the benefit of a private party to submit to arbitration all or any differences which have arisen or which may arise between the parties with respect to a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration under the laws of the United States, or to confirm an award made pursuant to such an agreement to arbitrate, if (A) the arbitration takes place or is intended to take place in the United States, (B) the agreement or award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards, (C) the underlying claim, save for the agreement to arbitrate, could have been brought in a United States court under this section or section [1607](/usc/28/1607.md), or [(D)](/usc/28/1607.md) paragraph (1) of this subsection is otherwise applicable.
- (b) A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which a suit in admiralty is brought to enforce a maritime lien against a vessel or cargo of the foreign state, which maritime lien is based upon a commercial activity of the foreign state: Provided, That—
  - (1) notice of the suit is given by delivery of a copy of the summons and of the complaint to the person, or his agent, having possession of the vessel or cargo against which the maritime lien is asserted; and if the vessel or cargo is arrested pursuant to process obtained on behalf of the party bringing the suit, the service of process of arrest shall be deemed to constitute valid delivery of such notice, but the party bringing the suit shall be liable for any damages sustained by the foreign state as a result of the arrest if the party bringing the suit had actual or constructive knowledge that the vessel or cargo of a foreign state was involved; and
  - (2) notice to the foreign state of the commencement of suit as provided in [section 1608 of this title](/usc/28/1608.md) is initiated within ten days either of the delivery of notice as provided in paragraph (1) of this subsection or, in the case of a party who was unaware that the vessel or cargo of a foreign state was involved, of the date such party determined the existence of the foreign state’s interest.
- (c) Whenever notice is delivered under [subsection (b)(1)](#b-1), the suit to enforce a maritime lien shall thereafter proceed and shall be heard and determined according to the principles of law and rules of practice of suits in rem whenever it appears that, had the vessel been privately owned and possessed, a suit in rem might have been maintained. A decree against the foreign state may include costs of the suit and, if the decree is for a money judgment, interest as ordered by the court, except that the court may not award judgment against the foreign state in an amount greater than the value of the vessel or cargo upon which the maritime lien arose. Such value shall be determined as of the time notice is served under [subsection (b)(1)](#b-1). Decrees shall be subject to appeal and revision as provided in other cases of admiralty and maritime jurisdiction. Nothing shall preclude the plaintiff in any proper case from seeking relief in personam in the same action brought to enforce a maritime lien as provided in this section.
- (d) A foreign state shall not be immune from the jurisdiction of the courts of the United States in any action brought to foreclose a preferred mortgage, as defined in [section 31301 of title 46](/usc/46/31301.md). Such action shall be brought, heard, and determined in accordance with the provisions of [chapter 313](/usc/46/chstIII-ch313.md) of title 46 and in accordance with the principles of law and rules of practice of suits in rem, whenever it appears that had the vessel been privately owned and possessed a suit in rem might have been maintained.
- (e) , (f) Repealed. Pub. L. 110–181, div. A, title X, § 1083(b)(1)(B), Jan. 28, 2008, 122 Stat. 341.
- (g) **Limitation on Discovery.—**
  - (1) **In general.—**
    - (A) Subject to [paragraph (2)](#g-2), if an action is filed that would otherwise be barred by [section 1604](/usc/28/1604.md), but for [section 1605A](/usc/28/1605A.md) or [section 1605B](/usc/28/1605B.md), the court, upon request of the Attorney General, shall stay any request, demand, or order for discovery on the United States that the Attorney General certifies would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action, until such time as the Attorney General advises the court that such request, demand, or order will no longer so interfere.
    - (B) A stay under this paragraph shall be in effect during the 12-month period beginning on the date on which the court issues the order to stay discovery. The court shall renew the order to stay discovery for additional 12-month periods upon motion by the United States if the Attorney General certifies that discovery would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action.
  - (2) **Sunset.—**
    - (A) Subject to [subparagraph (B)](#g-2-B), no stay shall be granted or continued in effect under [paragraph (1)](#g-1) after the date that is 10 years after the date on which the incident that gave rise to the cause of action occurred.
    - (B) After the period referred to in [subparagraph (A)](#g-2-A), the court, upon request of the Attorney General, may stay any request, demand, or order for discovery on the United States that the court finds a substantial likelihood would—
      - (i) create a serious threat of death or serious bodily injury to any person;
      - (ii) adversely affect the ability of the United States to work in cooperation with foreign and international law enforcement [agencies](/usc/28/451.md) in investigating violations of United States law; or
      - (iii) obstruct the criminal case related to the incident that gave rise to the cause of action or undermine the potential for a conviction in such case.
  - (3) **Evaluation of evidence.—** The court’s evaluation of any request for a stay under this subsection filed by the Attorney General shall be conducted ex parte and in camera.
  - (4) **Bar on motions to dismiss.—** A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under [rules 12(b)(6)](/usc/28a/civil-12.md?p=b-6) and [56](/usc/28a/civil-56.md) of the Federal Rules of Civil Procedure.
  - (5) **Construction.—** Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States.
- (h) **Jurisdictional Immunity for Certain Art Exhibition Activities.—**
  - (1) **In general.—** If—
    - (A) a [work](#h-3-A) is imported into the United States from any foreign state pursuant to an agreement that provides for the temporary exhibition or display of such [work](#h-3-A) entered into between a foreign state that is the owner or custodian of such [work](#h-3-A) and the United States or one or more cultural or educational institutions within the United States;
    - (B) the President, or the President’s designee, has determined, in accordance with [subsection (a)](#a) of Public Law 89–259 ([22 U.S.C. 2459(a)](/usc/22/2459.md?p=a)), that such [work](#h-3-A) is of cultural significance and the temporary exhibition or display of such [work](#h-3-A) is in the national interest; and
    - (C) the notice thereof has been published in accordance with [subsection (a)](#a) of Public Law 89–259 ([22 U.S.C. 2459(a)](/usc/22/2459.md?p=a)),

    any activity in the United States of such foreign state, or of any carrier, that is associated with the temporary exhibition or display of such [work](#h-3-A) shall not be considered to be commercial activity by such foreign state for purposes of [subsection (a)(3)](#a-3).

  - (2) **Exceptions.—**
    - (A) **Nazi-era claims.—** [Paragraph (1)](#h-1) shall not apply in any case asserting jurisdiction under [subsection (a)(3)](#a-3) in which rights in property taken in violation of international law are in issue within the meaning of that subsection and—
      - (i) the property at issue is the [work](#h-3-A) described in [paragraph (1)](#h-1);
      - (ii) the action is based upon a claim that such [work](#h-3-A) was taken in connection with the acts of a [covered government](#h-3-B) during the [covered period](#h-3-C);
      - (iii) the court determines that the activity associated with the exhibition or display is commercial activity, as that term is defined in [section 1603(d)](/usc/28/1603.md?p=d); and
      - (iv) a determination under [clause (iii)](#h-2-A-iii) is necessary for the court to exercise jurisdiction over the foreign state under [subsection (a)(3)](#a-3).
    - (B) **Other culturally significant works.—** In addition to cases exempted under [subparagraph (A)](#h-2-A), [paragraph (1)](#h-1) shall not apply in any case asserting jurisdiction under [subsection (a)(3)](#a-3) in which rights in property taken in violation of international law are in issue within the meaning of that subsection and—
      - (i) the property at issue is the [work](#h-3-A) described in [paragraph (1)](#h-1);
      - (ii) the action is based upon a claim that such [work](#h-3-A) was taken in connection with the acts of a foreign government as part of a systematic campaign of coercive confiscation or misappropriation of [works](#h-3-A) from members of a targeted and vulnerable group;
      - (iii) the taking occurred after 1900;
      - (iv) the court determines that the activity associated with the exhibition or display is commercial activity, as that term is defined in [section 1603(d)](/usc/28/1603.md?p=d); and
      - (v) a determination under [clause (iv)](#h-2-B-iv) is necessary for the court to exercise jurisdiction over the foreign state under [subsection (a)(3)](#a-3).
  - (3) **Definitions.—** For purposes of this subsection—
    - (A) the term “work” means a work of art or other object of cultural significance;
    - (B) the term “covered government” means—
      - (i) the Government of Germany during the [covered period](#h-3-C);
      - (ii) any government in any area in Europe that was occupied by the military forces of the Government of Germany during the [covered period](#h-3-C);
      - (iii) any government in Europe that was established with the assistance or cooperation of the Government of Germany during the [covered period](#h-3-C); and
      - (iv) any government in Europe that was an ally of the Government of Germany during the [covered period](#h-3-C); and
    - (C) the term “covered period” means the period beginning on January 30, 1933, and ending on May 8, 1945.

# §1605A. Terrorism exception to the jurisdictional immunity of a foreign state

- (a) **In General.—**
  - (1) **No immunity.—** A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of [torture](#h-7), [extrajudicial killing](#h-7), [aircraft sabotage](#h-1), [hostage taking](#h-2), or the provision of [material support or resources](#h-3) for such an act if such act or provision of [material support or resources](#h-3) is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or [agency](/usc/28/451.md).
  - (2) **Claim heard.—** The court shall hear a claim under this section if—
    - (A)
      - (i)
        - (I) the foreign state was designated as a [state sponsor of terrorism](#h-6) at the time the act described in [paragraph (1)](#a-1) occurred, or was so designated as a result of such act, and, subject to [subclause (II)](#a-2-A-i-II), either remains so designated when the claim is filed under this section or was so designated within the 6-month period before the claim is filed under this section; or
        - (II) in the case of an action that is refiled under this section by reason of section 1083(c)(2)(A) of the National Defense Authorization Act for Fiscal Year 2008 or is filed under this section by reason of section 1083(c)(3) of that Act, the foreign state was designated as a [state sponsor of terrorism](#h-6) when the original action or the related action under [section 1605(a)(7)](/usc/28/1605.md) (as in effect before the enactment of this section) or [section 589](/usc/28/589.md) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in [section 101(c)](/usc/28/101.md) of division A of Public Law 104–208) was filed;
      - (ii) the claimant or the victim was, at the time the act described in [paragraph (1)](#a-1) occurred—
        - (I) a [national of the United States](#h-5);
        - (II) a member of the [armed forces](#h-4); or
        - (III) otherwise an employee of the Government of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employee’s employment; and
      - (iii) in a case in which the act occurred in the foreign state against which the claim has been brought, the claimant has afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with the accepted international rules of arbitration; or
    - (B) the act described in [paragraph (1)](#a-1) is related to Case Number 1:00CV03110 (EGS) in the United States [District Court](/usc/28/451.md) for the District of Columbia.
- (b) **Limitations.—** An action may be brought or maintained under this section if the action is commenced, or a related action was commenced under [section 1605(a)(7)](/usc/28/1605.md) (before the date of the enactment of this section) or [section 589](/usc/28/589.md) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in [section 101(c)](/usc/28/101.md) of division A of Public Law 104–208) not later than the latter of—
  - (1) 10 years after April 24, 1996; or
  - (2) 10 years after the date on which the cause of action arose.
- (c) **Private Right of Action.—** A foreign state that is or was a [state sponsor of terrorism](#h-6) as described in [subsection (a)(2)(A)(i)](#a-2-A-i), and any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or [agency](/usc/28/451.md), shall be liable to—
  - (1) a [national of the United States](#h-5),
  - (2) a member of the [armed forces](#h-4),
  - (3) an employee of the Government of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employee’s employment, or
  - (4) the legal representative of a person described in paragraph [(1)](#c-1), [(2)](#c-2), or [(3)](#c-3),

  for personal injury or death caused by acts described in [subsection (a)(1)](#a-1) of that foreign state, or of an official, employee, or agent of that foreign state, for which the courts of the United States may maintain jurisdiction under this section for money damages. In any such action, damages may include economic damages, solatium, pain and suffering, and punitive damages. In any such action, a foreign state shall be vicariously liable for the acts of its officials, employees, or agents.

- (d) **Additional Damages.—** After an action has been brought under [subsection (c)](#c), actions may also be brought for reasonably foreseeable property loss, whether insured or uninsured, third party liability, and loss claims under life and property insurance policies, by reason of the same acts on which the action under [subsection (c)](#c) is based.
- (e) **Special Masters.—**
  - (1) **In general.—** The courts of the United States may appoint special masters to hear damage claims brought under this section.
  - (2) **Transfer of funds.—** The Attorney General shall transfer, from funds available for the program under section 1404C of the Victims of Crime Act of 1984 ([42 U.S.C. 10603c](/usc/42/10603c.md)),[^1] to the Administrator of the United States [district court](/usc/28/451.md) in which any case is pending which has been brought or maintained under this section such funds as may be required to cover the costs of special masters appointed under [paragraph (1)](#e-1). Any amount paid in compensation to any such special master shall constitute an item of court costs.
- (f) **Appeal.—** In an action brought under this section, appeals from orders not conclusively ending the litigation may only be taken pursuant to [section 1292(b) of this title](/usc/28/1292.md?p=b).
- (g) **Property Disposition.—**
  - (1) **In general.—** In every action filed in a United States [district court](/usc/28/451.md) in which jurisdiction is alleged under this section, the filing of a notice of pending action pursuant to this section, to which is attached a copy of the complaint filed in the action, shall have the effect of establishing a lien of lis pendens upon any real property or tangible personal property that is—
    - (A) subject to attachment in aid of execution, or execution, under [section 1610](/usc/28/1610.md);
    - (B) located within that [judicial district](/usc/28/451.md); and
    - (C) titled in the name of any defendant, or titled in the name of any entity controlled by any defendant if such notice contains a statement listing such controlled entity.
  - (2) **Notice.—** A notice of pending action pursuant to this section shall be filed by the clerk of the [district court](/usc/28/451.md) in the same manner as any pending action and shall be indexed by listing as defendants all named defendants and all entities listed as controlled by any defendant.
  - (3) **Enforceability.—** Liens established by reason of this subsection shall be enforceable as provided in [chapter 111](/usc/28/chptV-ch111.md) of this title.
- (h) **Definitions.—** For purposes of this section—
  - (1) the term “aircraft sabotage” has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation;
  - (2) the term “hostage taking” has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages;
  - (3) the term “material support or resources” has the meaning given that term in [section 2339A of title 18](/usc/18/2339A.md);
  - (4) the term “armed forces” has the meaning given that term in [section 101 of title 10](/usc/10/101.md);
  - (5) the term “national of the United States” has the meaning given that term in [section 101(a)(22)](/usc/28/101.md) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(22)](/usc/8/1101.md?p=a-22));
  - (6) the term “state sponsor of terrorism” means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)),[^1] section 620A of the Foreign Assistance Act of 1961 ([22 U.S.C. 2371](/usc/22/2371.md)), section 40 of the Arms Export Control Act ([22 U.S.C. 2780](/usc/22/2780.md)), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism; and
  - (7) the terms “torture” and “extrajudicial killing” have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 ([28 U.S.C. 1350](/usc/28/1350.md) note).

# §1605B. Responsibility of foreign states for international terrorism against the United States

- (a) **Definition.—** In this section, the term “international terrorism”—
  - (1) has the meaning given the term in [section 2331 of title 18](/usc/18/2331.md), United States Code; and
  - (2) does not include any act of war (as defined in that section).
- (b) **Responsibility of Foreign States.—** A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by—
  - (1) an act of [international terrorism](#a) in the United States; and
  - (2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or [agency](/usc/28/451.md), regardless where the tortious act or acts of the foreign state occurred.
- (c) **Claims by Nationals of the United States.—** Notwithstanding [section 2337(2) of title 18](/usc/18/2337.md?p=2), a national of the United States may bring a claim against a foreign state in accordance with [section 2333](/usc/18/2333.md) of that title if the foreign state would not be immune under [subsection (b)](#b).
- (d) **Rule of Construction.—** A foreign state shall not be subject to the jurisdiction of the courts of the United States under [subsection (b)](#b) on the basis of an omission or a tortious act or acts that constitute mere negligence.

# §1606. Extent of liability


As to any claim for relief with respect to which a foreign state is not entitled to immunity under section [1605](/usc/28/1605.md) or [1607](/usc/28/1607.md) 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](/usc/28/451.md) 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.


# §1607. Counterclaims


In any action brought by a foreign state, or in which a foreign state intervenes, in a [court of the United States](/usc/28/451.md) 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](/usc/28/1605.md) or [1605A](/usc/28/1605A.md) 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.