28 U.S.C. § 1603 — Definitions

FEDERAL · 28 U.S.C. · Chapter 97

Definitions

28 U.S.C. § 1603

Title28 — Judiciary and Judicial Procedure

Chapter97 — JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

This text of 28 U.S.C. § 1603 (Definitions) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

28 U.S.C. § 1603.

Text

For purposes of this chapter—

(a)A "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 (e) of this title, nor created under the laws of any third country.

(c)The "United States" includes all territory and waters, contin

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For purposes of this chapter—
(a) A "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 (e) 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.

General Electric Capital Corporation Gelco Corporation International Couriers Corporation v. N. Bud Grossman Andrew C. Grossman Richard W. McFerran Air Canada, a Canadian Corporation Peat Marwick Thorne, Formerly Doing Business as Thorne, Ernst & Whinney Deloitte & Touche, Formerly Doing Business as Touche (Usa) Deloitte & Touche, Formerly Doing Business as Touche Ross (Canada), (Canada), General Electric Capital Corporation Gelco Corporation International Couriers Corporation v. N. Bud Grossman Andrew C. Grossman Richard W. McFerran Air Canada, a Canadian Corporation Peat Marwick Thorne, Formerly Doing Business as Thorne, Ernst & Whinney Deloitte & Touche, Formerly Doing Business as Touche (Usa) Deloitte & Touche (Canada), Formerly Doing Business as Touche Ross (Canada)

991 F.2d 1376 (Eighth Circuit, 1993)

1 case citations

O'BRYAN v. Holy See

549 F.3d 431 (Sixth Circuit, 2008)

1 case citations

Transamerican Steamship Corp. v. Somali Democratic Republic Somali Shipping Agency

767 F.2d 998 (D.C. Circuit, 1985)

1 case citations

Arriba Ltd. v. Petroleos Mexicanos

(Fifth Circuit, 1992)

Ashim Khattri Chettri v. Nepal Rastra Bank

(Second Circuit, 2016)

Source Credit

History

(Added Pub. L. 94–583, §4(a), Oct. 21, 1976, 90 Stat. 2892; amended Pub. L. 109–2, §4(b)(2), Feb. 18, 2005, 119 Stat. 12.)

Editorial Notes

Editorial Notes

Amendments
2005—Subsec. (b)(3). Pub. L. 109–2 substituted "(e)" for "(d)".

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment
Amendment by Pub. L. 109–2 applicable to any civil action commenced on or after Feb. 18, 2005, see section 9 of Pub. L. 109–2, set out as a note under section 1332 of this title.

Effective Date
Section effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as a note under section 1602 of this title.

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28 U.S.C. § 1603, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/1603.