
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-386 Section 2002(f)(2)]
[CITE: 28USC1606]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART IV--JURISDICTION AND VENUE
 
         CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
 
Sec. 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 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.

(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(f)(2), Oct. 28, 2000, 114 Stat. 1543.)


                               Amendments

    2000--Pub. L. 106-386, 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1330, 1604 of this title.
