As to any claim for relief with respect to which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances; but a foreign state except for an agency or instrumentality thereof shall not be liable for punitive damages; if, however, in any case wherein death was caused, the law of the place where the action or omission occurred provides, or has been construed to provide, for damages only punitive in nature, the foreign state shall be liable for actual or compensatory damages measured by the pecuniary injuries resulting from such death which were incurred by the persons for whose benefit the action was brought.
28 U.S.C. § 1606
Added Pub. L. 94-583, §4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 105-277, div. A, §101(h) [title I, §117(b)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-491; Pub. L. 106-386, div. C, §2002(g)(2), formerly §2002(f)(2), Oct. 28, 2000, 114 Stat. 1543, renumbered §2002(g)(2), Pub. L. 107-297, title II, §201(c)(3), Nov. 26, 2002, 116 Stat. 2337.
AMENDMENTS 2000-Pub. L. 106-386, §2002(g)(2), formerly §2002(f)(2), as renumbered by Pub. L. 107-297, which directed repeal of section 101(h) [title I, §117(b)] of div. A of Pub. L. 105-277, was executed by striking out ", except any action under section 1605(a)(7) or 1610(f)" after "punitive damages", to reflect the probable intent of Congress. See 1998 Amendment note below. 1998-Pub. L. 105-277 inserted ", except any action under section 1605(a)(7) or 1610(f)" after "punitive damages".
EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-277 applicable to any claim for which a foreign state is not immune under sectionof this title arising before, on, or after Oct. 21, 1998, see section 101(h) [title I, §117(c)] of Pub. L. 105-277, set out as a note under section of this title.
EFFECTIVE DATESection effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94-583, set out as a note under sectionof this title.