Foreign Sovereign Immunities Act

Latest in Foreign Sovereign Immunities Act

Foreign Sovereign Immunities Act

The D.C. Circuit’s Opinion in the Mystery Subpoena Case: Unresolved Personal Jurisdiction Issues

The opinion, like the brief judgment previously released by the court, does not decide the important question of whether or not the Foreign Sovereign Immunities Act affords immunity to foreign states and state-owned enterprises in criminal cases.

Foreign Sovereign Immunities Act

An Art Museum Amendment to the Foreign Sovereign Immunities Act

A little-noticed bill to amend the Foreign Sovereign Immunities Act (“FSIA”) passed both houses of Congress in December and was signed into law by President Obama on Dec. 16, 2016.   The bill (“ The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJCA)” or “Art Museum Amendment”) narrows the expropriation exception in the FSIA to provide greater immunity for foreign states which send works of art to the United States for temporary exhibit.  Unfortunately, the FCEJA may ultimately be more harmful than helpful to foreign states.

Foreign Sovereign Immunities Act

Testimony in Opposition to the Justice Against Sponsors of Terrorism Act

JASTA invites shrinkage of sovereign immunity abroad that will harm the United States and impede our antiterrorism activities, result in default judgments and refusals to pay rather than any justice to victims, and bizarrely privatizes antiterrorism by leaving it to litigants and judges to determine what states sponsor terrorism.

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