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