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• United States Code
• TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
• PART IV - JURISDICTION AND VENUE
• CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

                                   SOURCE
    (Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2892;
    amended Pub. L. 100-640, Sec. 1, Nov. 9, 1988, 102 Stat. 3333; Pub.
    L. 100-669, Sec. 2, Nov. 16, 1988, 102 Stat. 3969; Pub. L. 101-650,
    title III, Sec. 325(b)(8), Dec. 1, 1990, 104 Stat. 5121; Pub. L.
    104-132, title II, Sec. 221(a), Apr. 24, 1996, 110 Stat. 1241; Pub.
    L. 105-11, Apr. 25, 1997, 111 Stat. 22; Pub. L. 107-77, title VI,
    Sec. 626(c), Nov. 28, 2001, 115 Stat. 803; Pub. L. 107-117, div. B,
    Sec. 208, Jan. 10, 2002, 115 Stat. 2299.)
                            REFERENCES IN TEXT                        
      Section 101(a)(22) of the Immigration and Nationality Act,
    referred to in subsec. (a)(7)(B)(ii), is classified to section
    1101(a)(22) of Title 8, Aliens and Nationality.
      The Ship Mortgage Act, 1920, referred to in subsec. (d), is
    section 30 of act June 5, 1920, ch. 250, 41 Stat. 1000, as amended,
    which was classified generally to chapter 25 (Sec. 911 et seq.) of
    former Title 46, Shipping, and was repealed by Pub. L. 100-710,
    title I, Sec. 106(b)(2), Nov. 23, 1988, 102 Stat. 4752, and
    reenacted by section 102(c) thereof as chapters 301 and 313 of
    Title 46, Shipping.
      Section 3 of the Torture Victim Protection Act of 1991, referred
    to in subsec. (e)(1), is section 3 of Pub. L. 102-256, Mar. 12,
    1992, 106 Stat. 73, which is set out in a note under section 1350
    of this title.
      Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure,
    referred to in subsec. (g)(4), are set out in the Appendix to this
    title.
                                AMENDMENTS                            
      2002 - Subsec. (a)(7)(A). Pub. L. 107-117 amended Pub. L. 107-77.
    See 2001 Amendment note below.
      2001 - Subsec. (a)(7)(A). Pub. L. 107-77, as amended by Pub. L.
    107-117, inserted before semicolon "or the act is related to Case
    Number 1:00CV03110(EGS) in the United States District Court for the
    District of Columbia".
      1997 - Subsec. (a)(7)(B)(ii). Pub. L. 105-11 substituted "neither
    the claimant nor the victim was" for "the claimant or victim was
    not".
      1996 - Subsec. (a)(7). Pub. L. 104-132, Sec. 221(a)(1), added
    par. (7).
      Subsecs. (e) to (g). Pub. L. 104-132, Sec. 221(a)(2), added
    subsecs. (e) to (g).
      1990 - Subsec. (a)(6). Pub. L. 101-650 substituted "state" for
    "State" after "foreign".
      1988 - Subsec. (a)(6). Pub. L. 100-669 added par. (6).
      Subsec. (b). Pub. L. 100-702, Sec. 1(3), struck out at end
    "Whenever notice is delivered under subsection (b)(1) of this
    section, the maritime lien shall thereafter be deemed to be an in
    personam claim against the foreign state which at that time owns
    the vessel or cargo involved: Provided, That a court may not award
    judgment against the foreign state in an amount greater than the
    value of the vessel or cargo upon which the maritime lien arose,
    such value to be determined as of the time notice is served under
    subsection (b)(1) of this section."
      Subsec. (b)(1). Pub. L. 100-640, Sec. 1(1), substituted "and if
    the vessel or cargo is arrested pursuant to process obtained on
    behalf of the party bringing the suit, the service of process of
    arrest shall be deemed to constitute valid delivery of such notice,
    but the party bringing the suit shall be liable for any damages
    sustained by the foreign state as a result of the arrest if the
    party bringing the suit had actual or constructive knowledge that
    the vessel or cargo of a foreign state was involved" for "but such
    notice shall not be deemed to have been delivered, nor may it
    thereafter be delivered, if the vessel or cargo is arrested
    pursuant to process obtained on behalf of the party bringing the
    suit - unless the party was unaware that the vessel or cargo of a
    foreign state was involved, in which event the service of process
    of arrest shall be deemed to constitute valid delivery of such
    notice".
      Subsec. (b)(2). Pub. L. 100-640, Sec. 1(2), substituted
    "paragraph (1) of this subsection" for "subsection (b)(1) of this
    section".
      Subsecs. (c), (d). Pub. L. 100-702, Sec. 1(3), added subsecs. (c)
    and (d).
                   SECTION REFERRED TO IN OTHER SECTIONS               
      This section is referred to in sections 1330, 1391, 1604, 1606,
    1607, 1610 of this title; title 15 section 15.