Laws: Cases and Codes : U.S. Code : Title 28 : Section 1603


   
U.S. Code as of: 01/19/04
Section 1603. Definitions

      For purposes of this chapter - 
        (a) A "foreign state", except as used in section 1608 of this
      title, includes a political subdivision of a foreign state or an
      agency or instrumentality of a foreign state as defined in
      subsection (b).
        (b) An "agency or instrumentality of a foreign state" means any
      entity - 
          (1) which is a separate legal person, corporate or otherwise,
        and
          (2) which is an organ of a foreign state or political
        subdivision thereof, or a majority of whose shares or other
        ownership interest is owned by a foreign state or political
        subdivision thereof, and
          (3) which is neither a citizen of a State of the United
        States as defined in section 1332 (c) and (d) of this title,
        nor created under the laws of any third country.

        (c) The "United States" includes all territory and waters,
      continental or insular, subject to the jurisdiction of the United
      States.
        (d) A "commercial activity" means either a regular course of
      commercial conduct or a particular commercial transaction or act.
      The commercial character of an activity shall be determined by
      reference to the nature of the course of conduct or particular
      transaction or act, rather than by reference to its purpose.
        (e) A "commercial activity carried on in the United States by a
      foreign state" means commercial activity carried on by such state
      and having substantial contact with the United States.



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