§ 1610. Exceptions to the immunity from attachment or execution

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Foreign Sovereign Immunities Act of 1976

   Pub. L. 94–583 · 90 Stat. 2891

   Enacted · 28 U.S.C. § 1610

   Added Pub. L. 94–583, §  4(a), Oct. 21, 1976, 90 Stat. 2896

   Source evidence

   Code source credit
   Added Pub. L. 94–583, §  4(a), Oct. 21, 1976, 90 Stat. 2896

2. 1988

   Pub. L. 100–640 § 2 · 102 Stat. 3333

   Added · 28 U.S.C. § 1610(e)

   Pub. L. 100–640 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–640 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 2. ATTACHMENT OR EXECUTION. Section 1610 of title 28, United States Code, is amended by adding at the end the following: “(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).”.

3. 1988

   Pub. L. 100–669 § 3 · 102 Stat. 3969

   Added · 28 U.S.C. § 1610(a)(6)

   Pub. L. 100–669 added par. (6)

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 100–669 added par. (6).

   Enacted provision · exact public law section
   Sec. 3. Section 1610(a) of title 28, United States Code, is amended by— (1) striking out the period at the end of paragraph (5) and inserting in lieu thereof “, or”; and (2) adding at the end thereof the following: “(6) the judgment is based on an order confirming an arbitral award rendered against the foreign State, provided that attach-ment in aid of execution, or execution, would not be inconsistent with any provision in the arbitral agreement.”.

4. 1990

   Federal Courts Study Committee Implementation Act of 1990

   Pub. L. 101–650 title III § 325(b)(9) · 104 Stat. 5089

   Substituted · 28 U.S.C. § 1610(a)(6); 28 U.S.C. § 1610(a)(e)

   Pub. L. 101–650 substituted “state” for “State” after “foreign”

   Source evidence

   Code amendment note
   Subsecs. (a)(6), (e). Pub. L. 101–650 substituted “state” for “State” after “foreign”.

   Enacted provision · exact public law section
   (9) Section 1610 is amended— (A) in subsection (a)(6) by striking out “State” and inserting in lieu thereof “state”; and (B) in subsection (e) by striking out “State” and inserting in lieu thereof “state”.

5. 1996

   Pub. L. 104–132 § 221(b)(1) · 110 Stat. 1214

   Added · 28 U.S.C. § 1610(a)(7)

   Pub. L. 104–132, § 221(b)(1), added par. (7)

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 104–132, § 221(b)(1), added par. (7).

   Enacted provision · exact public law section
   (1) Foreign state.— Section 1610(a) of title 28, United States Code, is amended— (A) by striking the period at the end of paragraph (6) and inserting “, or”; and (B) by adding at the end the following new paragraph: “(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.”.

6. 1996

   Pub. L. 104–132 § 221(b)(2) · 110 Stat. 1214

   1. Substituted · 28 U.S.C. § 1610(b)(2)

      Pub. L. 104–132, § 221(b)(2), substituted “(5), or (7),” for “or (5),”

   2. Substituted · 28 U.S.C. § 1610(b)(2)

      Pub. L. 104–132, § 221(b)(2), substituted “involved in the act” for “used for the activity”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–132, § 221(b)(2), substituted “(5), or (7),” for “or (5),” and “involved in the act” for “used for the activity”.

   Enacted provision · exact public law section
   (2) Agency or instrumentality.— Section 1610(b)(2) of title 28, United States Code, is amended— (A) by striking “or (5)” and inserting “(5), or (7)”; and (B) by striking “used for the activity” and inserting “involved in the act”.

7. 1998

   Pub. L. 105–277 div. A § 101(h)(tI)(s117)(a) · 112 Stat. 2681

   Added · 28 U.S.C. § 1610(f)

   Pub. L. 105–277 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 105–277 added subsec. (f).

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

8. 2000

   Victims of Trafficking and Violence Protection Act of 2000

   Pub. L. 106–386 § 2002(g)(1)(A) · 114 Stat. 1464

   Substituted · 28 U.S.C. § 1610(f)(2)(A); 28 U.S.C. § 1610(f)(B)(ii)

   Pub. L. 106–386, § 2002(g)(1)(A), formerly § 2002(f)(1)(A), as renumbered by Pub. L. 107–297, substituted “should make every effort to” for “shall”

   Source evidence

   Code amendment note
   Subsec. (f)(2)(A), (B)(ii). Pub. L. 106–386, § 2002(g)(1)(A), formerly § 2002(f)(1)(A), as renumbered by Pub. L. 107–297, substituted “should make every effort to” for “shall”.

   Enacted provision · exact public law section
   SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS. (a) Payments.— (1) In general.— Subject to subsections (b) and (c), the Secretary of the Treasury shall pay each person described in paragraph (2), at the person’s election— (A) 110 percent of compensatory damages awarded by judgment of a court on a claim or claims brought by the person under section 1605(a)(7) of title 28, United States Code, plus amounts necessary to pay post-judgment interest under section 1961 of such title, and, in the case of a claim or claims against Cuba, amounts awarded as sanctions by judicial order on April 18, 2000 (as corrected on June 2, 2000), subject to final appellate review of that order; or (B) 100 percent of the compensatory damages awarded by judgment of a court on a claim or claims brought by the person under section 1605(a)(7) of title 28, United States Code, plus amounts necessary to pay post-judgment interest, as provided in section 1961 of such title, and, in the case of a claim or claims against Cuba, amounts awarded as sanctions by judicial order on April 18, 2000 (as corrected June 2, 2000), subject to final appellate review of that order. Payments under this subsection shall be made promptly upon request. (2) Persons covered.— A person described in this para graph is a person who— (A) (i) as of July 20, 2000, held a final judgment for a claim or claims brought under section 1605(a)(7) of title 28, United States Code, against Iran or Cuba, or the right to payment of an amount awarded as a judicial sanction with respect to such claim or claims; or (ii) filed a suit under such section 1605(a)(7) on February 17, 1999, December 13, 1999, January 28, 2000, March 15, 2000, or July 27, 2000; (B) relinquishes all claims and rights to compensatory damages and amounts awarded as judicial sanctions under such judgments; (C) in the case of payment under paragraph (1)(A), relinquishes all rights and claims to punitive damages awarded in connection with such claim or claims; and (D) in the case of payment under paragraph (1)(B), relinquishes all rights to execute against or attach property that is at issue in claims against the United States before an international tribunal, that is the subject of awards rendered by such tribunal, or that is subject to section 1610(f)(1)(A) of title 28, United States Code. (b) Funding of Amounts.— (1) Judgments against cuba.— For purposes of funding the payments under subsection (a) in the case of judgments and sanctions entered against the Government of Cuba or Cuban entities, the President shall vest and liquidate up to and not exceeding the amount of property of the Government of Cuba and sanctioned entities in the United States or any commonwealth, territory, or possession thereof that has been blocked pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701–1702), or any other proclamation, order, or regulation issued thereunder. For the purposes of paying amounts for judicial sanctions, payment shall be made from funds or accounts subject to sanctions as of April 18, 2000, or from blocked assets of the Government of Cuba. (2) Judgments against iran.— For purposes of funding payments under subsection (a) in the case of judgments against Iran, the Secretary of the Treasury shall make such payments from amounts paid and liquidated from— (A) rental proceeds accrued on the date of the enactment of this Act from Iranian diplomatic and consular property located in the United States; and (B) funds not otherwise made available in an amount not to exceed the total of the amount in the Iran Foreign Military Sales Program account within the Foreign Military Sales Fund on the date of the enactment of this Act. (c) Subrogation.— Upon payment under subsection (a) with respect to payments in connection with a Foreign Military Sales Program account, the United States shall be fully subrogated, to the extent of the payments, to all rights of the person paid under that subsection against the debtor foreign state. The President shall pursue these subrogated rights as claims or offsets of the United States in appropriate ways, including any negotiation process which precedes the normalization of relations between the foreign state designated as a state sponsor of terrorism and the United States, except that no funds shall be paid to Iran, or released to Iran, from property blocked under the International Emergency Economic Powers Act or from the Foreign Military Sales Fund, until such subrogated claims have been dealt with to the satisfaction of the United States. (d) Sense of the Congress.— It is the sense of the Congress that the President should not normalize relations between the United States and Iran until the claims subrogated have been dealt with to the satisfaction of the United States. (e) Reaffirmation of Authority.— Congress reaffirms the President’s statutory authority to manage and, where appropriate and consistent with the national interest, vest foreign assets located in the United States for the purposes, among other things, of assisting and, where appropriate, making payments to victims of terrorism. (f) Amendments.— (1) Section 1610(f) of title 28, United States Code, is amended— (A) in paragraphs (2)(A) and (2)(B)(ii), by striking “shall” each place it appears and inserting “should make every effort to”; and (B) by adding at the end the following new paragraph: “(3) Waiver.— The President may waive any provision of paragraph (1) in the interest of national security.”. (2) Subsections (b) and (d) of section 117 of the Treasury Department Appropriations Act, 1999 (as contained in section 101(h) of 28 USC 1606, 1610 note. Public Law 105–277) are repealed.

9. 2000

   Victims of Trafficking and Violence Protection Act of 2000

   Pub. L. 106–386 § 2002(g)(1)(B) · 114 Stat. 1464

   Added · 28 U.S.C. § 1610(f)(3)

   Pub. L. 106–386, § 2002(g)(1)(B), formerly § 2002(f)(1)(B), as renumbered by Pub. L. 107–297, added par. (3)

   Source evidence

   Code amendment note
   Subsec. (f)(3). Pub. L. 106–386, § 2002(g)(1)(B), formerly § 2002(f)(1)(B), as renumbered by Pub. L. 107–297, added par. (3).

   Enacted provision · exact public law section
   SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS. (a) Payments.— (1) In general.— Subject to subsections (b) and (c), the Secretary of the Treasury shall pay each person described in paragraph (2), at the person’s election— (A) 110 percent of compensatory damages awarded by judgment of a court on a claim or claims brought by the person under section 1605(a)(7) of title 28, United States Code, plus amounts necessary to pay post-judgment interest under section 1961 of such title, and, in the case of a claim or claims against Cuba, amounts awarded as sanctions by judicial order on April 18, 2000 (as corrected on June 2, 2000), subject to final appellate review of that order; or (B) 100 percent of the compensatory damages awarded by judgment of a court on a claim or claims brought by the person under section 1605(a)(7) of title 28, United States Code, plus amounts necessary to pay post-judgment interest, as provided in section 1961 of such title, and, in the case of a claim or claims against Cuba, amounts awarded as sanctions by judicial order on April 18, 2000 (as corrected June 2, 2000), subject to final appellate review of that order. Payments under this subsection shall be made promptly upon request. (2) Persons covered.— A person described in this para graph is a person who— (A) (i) as of July 20, 2000, held a final judgment for a claim or claims brought under section 1605(a)(7) of title 28, United States Code, against Iran or Cuba, or the right to payment of an amount awarded as a judicial sanction with respect to such claim or claims; or (ii) filed a suit under such section 1605(a)(7) on February 17, 1999, December 13, 1999, January 28, 2000, March 15, 2000, or July 27, 2000; (B) relinquishes all claims and rights to compensatory damages and amounts awarded as judicial sanctions under such judgments; (C) in the case of payment under paragraph (1)(A), relinquishes all rights and claims to punitive damages awarded in connection with such claim or claims; and (D) in the case of payment under paragraph (1)(B), relinquishes all rights to execute against or attach property that is at issue in claims against the United States before an international tribunal, that is the subject of awards rendered by such tribunal, or that is subject to section 1610(f)(1)(A) of title 28, United States Code. (b) Funding of Amounts.— (1) Judgments against cuba.— For purposes of funding the payments under subsection (a) in the case of judgments and sanctions entered against the Government of Cuba or Cuban entities, the President shall vest and liquidate up to and not exceeding the amount of property of the Government of Cuba and sanctioned entities in the United States or any commonwealth, territory, or possession thereof that has been blocked pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701–1702), or any other proclamation, order, or regulation issued thereunder. For the purposes of paying amounts for judicial sanctions, payment shall be made from funds or accounts subject to sanctions as of April 18, 2000, or from blocked assets of the Government of Cuba. (2) Judgments against iran.— For purposes of funding payments under subsection (a) in the case of judgments against Iran, the Secretary of the Treasury shall make such payments from amounts paid and liquidated from— (A) rental proceeds accrued on the date of the enactment of this Act from Iranian diplomatic and consular property located in the United States; and (B) funds not otherwise made available in an amount not to exceed the total of the amount in the Iran Foreign Military Sales Program account within the Foreign Military Sales Fund on the date of the enactment of this Act. (c) Subrogation.— Upon payment under subsection (a) with respect to payments in connection with a Foreign Military Sales Program account, the United States shall be fully subrogated, to the extent of the payments, to all rights of the person paid under that subsection against the debtor foreign state. The President shall pursue these subrogated rights as claims or offsets of the United States in appropriate ways, including any negotiation process which precedes the normalization of relations between the foreign state designated as a state sponsor of terrorism and the United States, except that no funds shall be paid to Iran, or released to Iran, from property blocked under the International Emergency Economic Powers Act or from the Foreign Military Sales Fund, until such subrogated claims have been dealt with to the satisfaction of the United States. (d) Sense of the Congress.— It is the sense of the Congress that the President should not normalize relations between the United States and Iran until the claims subrogated have been dealt with to the satisfaction of the United States. (e) Reaffirmation of Authority.— Congress reaffirms the President’s statutory authority to manage and, where appropriate and consistent with the national interest, vest foreign assets located in the United States for the purposes, among other things, of assisting and, where appropriate, making payments to victims of terrorism. (f) Amendments.— (1) Section 1610(f) of title 28, United States Code, is amended— (A) in paragraphs (2)(A) and (2)(B)(ii), by striking “shall” each place it appears and inserting “should make every effort to”; and (B) by adding at the end the following new paragraph: “(3) Waiver.— The President may waive any provision of paragraph (1) in the interest of national security.”. (2) Subsections (b) and (d) of section 117 of the Treasury Department Appropriations Act, 1999 (as contained in section 101(h) of 28 USC 1606, 1610 note. Public Law 105–277) are repealed.

10. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 1083(b)(3)(A) · 122 Stat. 3

    Substituted · 28 U.S.C. § 1610(a)(7)

    Pub. L. 110–181, § 1083(b)(3)(A), substituted “1605A” for “1605(a)(7)”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 110–181, § 1083(b)(3)(A), substituted “1605A” for “1605(a)(7)”.

    Enacted provision · exact public law section
    (A) in subsection (a)(7), by striking “1605(a)(7)” and inserting “1605A”;

    Effective date note
    For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of this title.

11. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 1083(b)(3)(B) · 122 Stat. 3

    Substituted · 28 U.S.C. § 1610(b)(2)

    Pub. L. 110–181, § 1083(b)(3)(B), substituted “or (5), 1605(b), or 1605A” for “(5), or (7), or 1605(b)”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 110–181, § 1083(b)(3)(B), substituted “or (5), 1605(b), or 1605A” for “(5), or (7), or 1605(b)”.

    Enacted provision · exact public law section
    (B) in subsection (b)(2), by striking “(5), or (7), or 1605(b)” and inserting “or (5), 1605(b), or 1605A”;

    Effective date note
    For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of this title.

12. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 1083(b)(3)(C) · 122 Stat. 3

    Inserted · 28 U.S.C. § 1610(f)(1)(A); 28 U.S.C. § 1610(f)(2)(A)

    Pub. L. 110–181, § 1083(b)(3)(C), inserted “(as in effect before the enactment of section 1605A) or section 1605A” after “section 1605(a)(7)”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(A), (2)(A). Pub. L. 110–181, § 1083(b)(3)(C), inserted “(as in effect before the enactment of section 1605A) or section 1605A” after “section 1605(a)(7)”.

    Enacted provision · exact public law section
    (C) in subsection (f), in paragraphs (1)(A) and (2)(A), by inserting “(as in effect before the enactment of section 1605A) or section 1605A” after “1605(a)(7)”; and

    Effective date note
    For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of this title.

13. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 § 1083(b)(3)(D) · 122 Stat. 3

    Added · 28 U.S.C. § 1610(g)

    Pub. L. 110–181, § 1083(b)(3)(D), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 110–181, § 1083(b)(3)(D), added subsec. (g).

    Enacted provision · exact public law section
    (D) by adding at the end the following: “(g) Property in Certain Actions.— “(1) In general.— Subject to paragraph (3), the property of a foreign state against which a judgment is entered under section 1605A, and the property of an agency or instrumentality of such a state, including property that is a separate juridical entity or is an interest held directly or indirectly in a separate juridical entity, is subject to attachment in aid of execution, and execution, upon that judgment as provided in this section, regardless of— “(A) the level of economic control over the property by the government of the foreign state; “(B) whether the profits of the property go to that government; “(C) the degree to which officials of that government manage the property or otherwise control its daily affairs; “(D) whether that government is the sole beneficiary in interest of the property; or “(E) whether establishing the property as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. “(2) United states sovereign immunity inapplicable.— Any property of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from attachment in aid of execution, or execution, upon a judgment entered under section 1605A because the property is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act. “(3) Third-party joint property holders.— Nothing in this subsection shall be construed to supersede the authority of a court to prevent appropriately the impairment of an interest held by a person who is not liable in the action giving rise to a judgment in property subject to attachment in aid of execution, or execution, upon such judgment.” .

    Effective date note
    For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of this title.

14. 2012

    Iran Threat Reduction and Syria Human Rights Act of 2012

    Pub. L. 112–158 § 502(e)(1)(A) · 126 Stat. 1214

    Inserted · 28 U.S.C. § 1610(a)(7)

    Pub. L. 112–158, § 502(e)(1)(A), inserted “or section 1605(a)(7) (as such section was in effect on January 27, 2008)” after “section 1605A”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 112–158, § 502(e)(1)(A), inserted “or section 1605(a)(7) (as such section was in effect on January 27, 2008)” after “section 1605A”.

    Enacted provision · exact public law section
    (A) in subsection (a)(7), by inserting after “section 1605A” the following: “or section 1605(a)(7) (as such section was in effect on January 27, 2008)”; and

15. 2012

    Iran Threat Reduction and Syria Human Rights Act of 2012

    Pub. L. 112–158 § 502(e)(1)(B)(i)(I) · 126 Stat. 1214

    Substituted · 28 U.S.C. § 1610(b)(2)

    Pub. L. 112–158, § 502(e)(1)(B)(i)(I), substituted “(5) or 1605(b)” for “(5), 1605(b), or 1605A”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 112–158, § 502(e)(1)(B)(i)(I), substituted “(5) or 1605(b)” for “(5), 1605(b), or 1605A”.

    Enacted provision · exact public law section
    (I) by striking “(5), 1605(b), or 1605A” and inserting “(5) or 1605(b)”; and

16. 2012

    Iran Threat Reduction and Syria Human Rights Act of 2012

    Pub. L. 112–158 § 502(e)(1)(B)(i)(II) · 126 Stat. 1214

    Added · 28 U.S.C. § 1610(b)(3)

    Pub. L. 112–158, § 502(e)(1)(B)(i)(II), (ii), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 112–158, § 502(e)(1)(B)(i)(II), (ii), added par. (3).

    Enacted provision · exact public law section
    (II) by striking the period at the end and inserting “, or”; and

16 of 17 references resolved to an enrolled provision · 1 partial