Foreign Employee in the United States

Main Elements of a Claim Under § 1605A FSIA

Scope of authority

According to research about Foreign Employee from the Federal Judicial Center:The private right of action provided by § 1605A recognizes that both the foreign state itself and any official, employee, or agent of that state can be held liable for personal injury or death resulting from any of the enumerated acts specified by the statute.278 The acts must have been committed by the official, employee, or agent “while acting within the scope of his or her office, employment or agency.” The statute expressly makes the foreign state “vicariously liable for the acts of its officials, employees, or agents.”279 Whether the specific acts in question fall within “the scope of a defendant’s office, employment, or agency” appears to be addressed as a factual question. In Rux v. Republic of Sudan, for example, the Fourth Circuit found that plaintiffs had “easily” satisfied this requirement by alleging that Sudanese President Bashir had authorized Al-Qaeda operatives to enter Sudan and had given Al- Qaeda special authority to avoid paying taxes and duties.280 Bashir, the court said, was clearly “an official, employee, or agent” of Sudan by virtue of his elected position, and his alleged actions fell “within the scope of his . . . office, employment, or agency” because each involved the exercise of the governmental authority vested in the office of president by Sudan’s constitution.281 The court also acknowledged other actions that involved governmental officials acting within the scope of their offices, including using diplomatic pouches, allowing the “establishment and operation of terrorist training camps, and establishing financial joint ventures between Sudan and Al-Qaeda.”282 In Taylor v. Islamic Republic of Iran, which arose from the bombing of the U.S. Marine barracks in Beirut, the court determined that Iran had been “directly tied to the actions undertaken by the members of Hezbollah” and played a “crucial and necessary role in planning and ordering” the attack. Note: FSIA is the acronym of the Foreign Sovereign Immunities Act of 1976.

Foreign Employee

Foreign Employee in the United States

Main Elements of a Claim Under § 1605A FSIA

Scope of authority

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