Foreign Sovereign Immunities Act

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Document: Solicitor General Files Brief in Mystery Grand Jury Case

On Friday, Solicitor General Noel Francisco filed a brief on behalf of the special counsel's office regarding In Re Grand Jury Subpoena, the case concerning the special counsel's attempt to subpoena an unnamed company owned by an unnamed foreign government. The brief argues that the Supreme Court should deny the corporation's petition for a writ of certiorari. The brief is available below. 

 

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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