
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)(1)]
[Document affected by Public Law 106-386 Section 2002(f)(2)]
[CITE: 28USC1610]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART IV--JURISDICTION AND VENUE
 
         CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
 
Sec. 1610. Exceptions to the immunity from attachment or 
        execution
        
    (a) The property in the United States of a foreign state, as defined 
in section 1603(a) of this chapter, used for a commercial activity in 
the United States, shall not be immune from attachment in aid of 
execution, or from execution, upon a judgment entered by a court of the 
United States or of a State after the effective date of this Act, if--
        (1) the foreign state has waived its immunity from attachment in 
    aid of execution or from execution either explicitly or by 
    implication, notwithstanding any withdrawal of the waiver the 
    foreign state may purport to effect except in accordance with the 
    terms of the waiver, or
        (2) the property is or was used for the commercial activity upon 
    which the claim is based, or
        (3) the execution relates to a judgment establishing rights in 
    property which has been taken in violation of international law or 
    which has been exchanged for property taken in violation of 
    international law, or
        (4) the execution relates to a judgment establishing rights in 
    property--
            (A) which is acquired by succession or gift, or
            (B) which is immovable and situated in the United States: 
        Provided, That such property is not used for purposes of 
        maintaining a diplomatic or consular mission or the residence of 
        the Chief of such mission, or

        (5) the property consists of any contractual obligation or any 
    proceeds from such a contractual obligation to indemnify or hold 
    harmless the foreign state or its employees under a policy of 
    automobile or other liability or casualty insurance covering the 
    claim which merged into the judgment, or
        (6) the judgment is based on an order confirming an arbitral 
    award rendered against the foreign state, provided that attachment 
    in aid of execution, or execution, would not be inconsistent with 
    any provision in the arbitral agreement, or
        (7) the judgment relates to a claim for which the foreign state 
    is not immune under section 1605(a)(7), regardless of whether the 
    property is or was involved with the act upon which the claim is 
    based.

    (b) In addition to subsection (a), any property in the United States 
of an agency or instrumentality of a foreign state engaged in commercial 
activity in the United States shall not be immune from attachment in aid 
of execution, or from execution, upon a judgment entered by a court of 
the United States or of a State after the effective date of this Act, 
if--
        (1) the agency or instrumentality has waived its immunity from 
    attachment in aid of execution or from execution either explicitly 
    or implicitly, notwithstanding any withdrawal of the waiver the 
    agency or instrumentality may purport to effect except in accordance 
    with the terms of the waiver, or
        (2) the judgment relates to a claim for which the agency or 
    instrumentality is not immune by virtue of section 1605(a)(2), (3), 
    (5), or (7), or 1605(b) of this chapter, regardless of whether the 
    property is or was involved in the act upon which the claim is 
    based.

    (c) No attachment or execution referred to in subsections (a) and 
(b) of this section shall be permitted until the court has ordered such 
attachment and execution after having determined that a reasonable 
period of time has elapsed following the entry of judgment and the 
giving of any notice required under section 1608(e) of this chapter.
    (d) The property of a foreign state, as defined in section 1603(a) 
of this chapter, used for a commercial activity in the United States, 
shall not be immune from attachment prior to the entry of judgment in 
any action brought in a court of the United States or of a State, or 
prior to the elapse of the period of time provided in subsection (c) of 
this section, if--
        (1) the foreign state has explicitly waived its immunity from 
    attachment prior to judgment, notwithstanding any withdrawal of the 
    waiver the foreign state may purport to effect except in accordance 
    with the terms of the waiver, and
        (2) the purpose of the attachment is to secure satisfaction of a 
    judgment that has been or may ultimately be entered against the 
    foreign state, and not to obtain jurisdiction.

    (e) The vessels of a foreign state shall not be immune from arrest 
in rem, interlocutory sale, and execution in actions brought to 
foreclose a preferred mortgage as provided in section 1605(d).
    (f)(1)(A) Notwithstanding any other provision of law, including but 
not limited to section 208(f) of the Foreign Missions Act (22 U.S.C. 
4308(f)), and except as provided in subparagraph (B), any property with 
respect to which financial transactions are prohibited or regulated 
pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C. 
App. 5(b)), section 620(a) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2370(a)), sections 202 and 203 of the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1702), or any other proclamation, 
order, regulation, or license issued pursuant thereto, shall be subject 
to execution or attachment in aid of execution of any judgment relating 
to a claim for which a foreign state (including any agency or 
instrumentality or such state) claiming such property is not immune 
under section 1605(a)(7).
    (B) Subparagraph (A) shall not apply if, at the time the property is 
expropriated or seized by the foreign state, the property has been held 
in title by a natural person or, if held in trust, has been held for the 
benefit of a natural person or persons.
    (2)(A) At the request of any party in whose favor a judgment has 
been issued with respect to a claim for which the foreign state is not 
immune under section 1605(a)(7), the Secretary of the Treasury and the 
Secretary of State should make every effort to fully, promptly, and 
effectively assist any judgment creditor or any court that has issued 
any such judgment in identifying, locating, and executing against the 
property of that foreign state or any agency or instrumentality of such 
state.
    (B) In providing such assistance, the Secretaries--
        (i) may provide such information to the court under seal; and
        (ii) should make every effort to provide the information in a 
    manner sufficient to allow the court to direct the United States 
    Marshall's office to promptly and effectively execute against that 
    property.

    (3) Waiver.--The President may waive any provision of paragraph (1) 
in the interest of national security.

(Added Pub. L. 94-583, Sec.  4(a), Oct. 21, 1976, 90 Stat. 2896; amended 
Pub. L. 100-640, Sec. 2, Nov. 9, 1988, 102 Stat. 3333; Pub. L. 100-669, 
Sec. 3, Nov. 16, 1988, 102 Stat. 3969; Pub. L. 101-650, title III, 
Sec. 325(b)(9), Dec. 1, 1990, 104 Stat. 5121; Pub. L. 104-132, title II, 
Sec. 221(b), Apr. 24, 1996, 110 Stat. 1242; Pub. L. 105-277, div. A, 
Sec. 101(h) [title I, Sec. 117(a)], Oct. 21, 1998, 112 Stat. 2681-480, 
2681-491; Pub. L. 106-386, div. C, Sec. 2002(f)(1), Oct. 28, 2000, 114 
Stat. 1543.)

                       References in Text

    The effective date of this Act, referred to in subsecs. (a) and (b), 
is 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94-583, set out 
as an Effective Date note under section 1602 of this title.


                               Amendments

    2000--Subsec. (f)(2)(A), (B)(ii). Pub. L. 106-386, 
Sec. 2002(f)(1)(A), substituted ``should make every effort to'' for 
``shall''.
    Subsec. (f)(3). Pub. L. 106-386, Sec. 2002(f)(1)(B), added par. (3).
    1998--Subsec. (f). Pub. L. 105-277 added subsec. (f).
    1996--Subsec. (a)(7). Pub. L. 104-132, Sec. 221(b)(1), added par. 
(7).
    Subsec. (b)(2). Pub. L. 104-132, Sec. 221(b)(2), substituted ``(5), 
or (7),'' for ``or (5),'' and ``involved in the act'' for ``used for the 
activity''.
    1990--Subsecs. (a)(6), (e). Pub. L. 101-650 substituted ``state'' 
for ``State'' after ``foreign''.
    1988--Subsec. (a)(6). Pub. L. 100-669 added par. (6).
    Subsec. (e). Pub. L. 100-640 added subsec. (e).


                    Effective Date of 1998 Amendment

    Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(c)], Oct. 
21, 1998, 112 Stat. 2681-480, 2681-491, provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1606 
of this title] shall apply to any claim for which a foreign state is not 
immune under section 1605(a)(7) of title 28, United States Code, arising 
before, on, or after the date of enactment of this Act [Oct. 21, 
1998].''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-132 applicable to any cause of action 
arising before, on, or after Apr. 24, 1996, see section 221(c) of Pub. 
L. 104-132, set out as a note under section 1605 of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-640 applicable to actions commenced on or 
after Nov. 9, 1988, see section 3 of Pub. L. 100-640, set out as a note 
under section 1605 of this title.


      Waiver of Exception to Immunity From Attachment or Execution

    Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(d)], Oct. 
21, 1998, 112 Stat. 2681-480, 2681-492, which authorized the President 
to waive the requirements of section 101(h) [title I, Sec. 117] of Pub. 
L. 105-277, which amended this section and section 1606 of this title 
and enacted provisions set out as a note above, in the interest of 
national security, was repealed by Pub. L. 106-386, div. C, 
Sec. 2002(f)(2), Oct. 28, 2000, 114 Stat. 1543.
    Determination of President of the United States, No. 99-1, Oct. 21, 
1998, 64 F.R. 59201, which provided for waiver of requirements of 
section 101(h) [title I, Sec. 117(b)] of div. A of Pub. L. 105-277, 
relating to blocked property of terrorist-list states, was superseded by 
Determination of President of the United States, No. 2001-3, Oct. 28, 
2000, 65 F.R. 66483, set out below.

    Determination To Waive Attachment Provisions Relating to Blocked 
                    Property of Terrorist-List States

    Determination of President of the United States, No. 2001-3, Oct. 
28, 2000, 65 F.R. 66483, provided:
    Memorandum for the Secretary of State [and] the Secretary of the 
Treasury
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including section 2002(f) of H.R. 
3244, ``Victims of Trafficking and Violence Protection Act of 2000,'' 
(approved October 28, 2000) [section 2002(f) of Pub. L. 106-386, 
amending this section and section 1606 of this title and repealing 
provisions set out as a note above], I hereby determine that subsection 
(f)(1) of section 1610 of title 28, United States Code, which provides 
that any property with respect to which financial transactions are 
prohibited or regulated pursuant to section 5(b) of the Trading with the 
Enemy Act (50 U.S.[C.] App. 5(b)[)], section 620(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1702), and 
proclamations, orders, regulations, and licenses issued pursuant 
thereto, be subject to execution or attachment in aid of execution of 
any judgment relating to a claim for which a foreign state claiming such 
property is not immune from the jurisdiction of courts of the United 
States or of the States under section 1605(a)(7) of title 28, United 
States Code, would impede the ability of the President to conduct 
foreign policy in the interest of national security and would, in 
particular, impede the effectiveness of such prohibitions and 
regulations upon financial transactions. Therefore, pursuant to section 
2002(f) of H.R. 3244, the ``Victim's of Trafficking and Violence 
Protection Act of 2000,'' I hereby waive subsection (f)(1) of section 
1610 of title 28, United States Code, in the interest of national 
security. This waiver, together with the amendment of subsection (f)(2) 
of the Foreign Sovereign Immunities Act [probably means subsec. (f)(2) 
of this section] and the repeal of the subsection (b) of section 117 of 
the Treasury and General Government Appropriations Act, 1999 [section 
101(h) [title I, Sec. 117(b)] of div. A of Pub. L. 105-277, amending 
section 1606 of this title], supersedes my prior waiver of the 
requirements of subsections (a) and (b) of said section 117 [amending 
this section and section 1606 of this title], executed on October 21, 
1998 [former Determination of President of the United States, No. 99-1, 
Oct. 21, 1998, 64 F.R. 59201].
    The Secretary of State is authorized and directed to publish this 
determination in the Federal Register.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 1609, 1611 of this title.
