28 U.S.C. § 1607

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 1607 - Counterclaims

In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim-

(a) for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or

(b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or

(c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.

28 U.S.C. § 1607

Added Pub. L. 94-583, §4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 110-181, div. A, title X, §1083(b)(2), Jan. 28, 2008, 122 Stat. 341.

EDITORIAL NOTES

AMENDMENTS2008-Subsec. (a). Pub. L. 110-181 inserted "or 1605A" after "section 1605".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2008 AMENDMENT 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.

EFFECTIVE DATE Section effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94-583 set out as a note under section 1602 of this title.