
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC1608]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART IV--JURISDICTION AND VENUE
 
         CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
 
Sec. 1608. Service; time to answer; default

    (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.

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2894.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1330, 1603, 1605, 1610 of 
this title; title 22 section 6082.
