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1991,13 except that not more than $4,000,000 of this amount

shall be obligated or expended during fiscal year 1992.14 Amounts appropriated under this subsection shall remain available until expended.

13 Sec. 135(aX3XB) of Public Law 102–138 (105 Stat. 666) struck out "1982" and inserted in lieu thereof “1991".

14 Sec. 135(a X3XC) of Public Law 102–138 (105 Stat. 666) inserted at the end of the sentence "except that not more than $4,000,000 of this amount shall be obligated or expended during fiscal year 1992".

(2) Transfer of Authority to the Secretary of State To Make

Reimbursements for Protection of Foreign Missions to International Organizations

Executive Order 12478, May 23, 1984, 49 F.R. 22063 By authority vested in me as President by the Constitution and statutes of the United States of America, and in accordance with the provisions of the Act of December 31, 1975, Public Law 94-196 (89 Stat. 1109), codified as sections 202(7) and 208(a) of Title 3, United States Code, as amended, it is hereby ordered as follows:

Section 1. There is transferred to the Secretary of State authority to determine the need for and to approve terms and conditions of the provision of reimbursable extraordinary protective activities for foreign diplomatic missions pursuant to section 202(7), and the authority to make reimbursements to State and local governments for services, personnel, equipment, and facilities pursuant to section 208(a) of Title 3, United States Code;

Sec. 2. There are transferred to the Secretary of State such unexpended moneys as may have been appropriated to the Department of the Treasury for the purpose of permitting reimbursements to be made under the provisions of section 208(a) of Title 3, United States Code;

Sec. 3. The authority transferred pursuant to this Order shall be exercised in coordination with protective security programs administered by the Secretary of State under the Foreign Missions Act of 1982; authority available under that Act may also be applied to any foreign mission to which section 202(7) applies; and

Sec. 4. This Order shall be effective on October 1, 1984.

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f. Foreign Sovereign Immunities Act of 1976 1 Public Law 94-583 (H.R. 11315), 90 Stat. 2891, approved October 21, 1976 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Foreign Sovereign Immunities Act of 1976”.

SEC. 2. (a) That chapter 85 of title 28, United States Code, is amended by inserting immediately before section 1331 the following new section: "§ 1330. Actions against foreign states

“(a) The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title as to any claim for relief in personae with respect to which the foreign state is not entitled to immunity either under sections 1605–1607 of this title or under any applicable international agreement.

"(b) Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title.

"(c) For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not arising out of any transaction or occurrence enumerated in sections 1605–1607 of this title.”.

(b) By inserting in the chapter analysis of that chapter before "1331. Federal question; amount in controversy; costs." the following new item: “1330. Actions? against foreign states.".

SEC. 3. That section 1332 of title 28, United States Code, is amended by striking subsections (a)(2) and (3) and substituting in their place the following:

“(2) citizens of a State and citizens or subjects of a foreign state;

“(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and

1 While this Act has never been amended, the various sections of title 28, U.S.C. contained herein were substantially amended by the Foreign Sovereign Immunities Act, Amendments (Public Law 100-640; 102 Stat. 3333); Implementation of the Inter-American Convention on International Commercial Arbitration Act (Public Law 100_669; 102 Stat. 3969); and the Judicial Improvements and Access to Justice Act (Public Law 100–702; 102 Stat 4642). These amendments have been incorporated into this Act. 2 Sec. 1020(aX7) of Public Law 100_702 (102 Stat. 4672) amended "Action" to read "Actions".

"(4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States.". SEC. 4. (a) That title 28, United States Code, is amended by inserting after chapter 95 the following new chapter: “Chapter 97.-JURISDICTIONAL IMMUNITIES OF

FOREIGN STATES

"Sec.
"1602. Findings and declaration of purpose.
"1603. Definitions.
"1604. Immunity of a foreign state from jurisdiction.
"1605. General exceptions to the jurisdictional immunity of a foreign state.
“1606. Extent of liability.
"1607. Counterclaims.
"1608. Service; time to answer default.
"1609. Immunity from attachment and execution of property of a foreign state.
"1610. Exceptions to the immunity from attachment or execution.
"1611. Certain types of property immune from execution.
“g 1602. Findings and declaration of purpose

"The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter. “1603. Definitions “For purposes of this chapter

"(a) À 'foreign state', except as used in section 1608 of this title, includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state as defined in subsection (b).

“(b) An 'agency or instrumentality of a foreign state' means any entity

"(1) which is a separate legal person, corporate or otherwise, and

"(2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and

"(3) which is neither a citizen of a State of the United States as defined in section 1332 (c) and (d) of this title,

nor created under the laws of any third country. "(c) The 'United States' includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.

"(d) A 'commercial activity means either a regular course of commercial conduct or a particular commercial transaction or act. The commercial character of an activity shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose.

"E) A ‘commercial activity carried on in the United States by a foreign state' means commercial activity carried on by such

state and having substantial contact with the United States. “$ 1604. Immunity of a foreign state from jurisdiction

“Subject to existing international agreements to which the United States is a party at the time of enactment of this Act a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605 to 1607 of this chapter. “8 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 erfect 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 the 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 or instrumentality of the foreign state and that agency 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;3

"(5) not otherwise encompassed in paragraph (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

Se 2 of Pubhe Law 100-669 (102 Stat. 3969) struck out "or" at the end of paragraph (4); PAIN OXB) with ", or" and

a new par. (6).

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