Exceptions in the United States

In the Foreign Sovereign Immunities Act of 1976

Attachment and Execution: Exceptions

According to research about Exceptions from the Federal Judicial Center:Under 28 U.S.C. § 1611, certain categories of property are immune from attachment and execution. These categories include property of international organizations that have been designated under the International Organizations Immunities Act226 (for example, funds being disbursed by the World Bank to a foreign state), property of a foreign central bank held for its own account, and property of a military character or used for a military activity.227 Funds held in the name of a central bank or monetary authority are presumed to be immune from attachment. In NML Capital, Ltd. v. Banco Central de la Republica Argentina,228 the Second Circuit considered the language of § 1611(b)(1) providing that property “of a foreign central bank or monetary authority held for its own account” is immune from attachment or execution. Plaintiffs in that action had sought ex parte orders of pre-judgment attachment and post-judgment restraint over certain funds of Banco Central held at the Federal Reserve Bank of New York. They argued that because Banco Central was not in fact independent of the government (but rather its alter ego), the funds did not fall within the scope of that provision. The court of appeals disagreed, finding that the plain language, history and structure of § 1611(b)(1) immunizes property of a foreign central bank or monetary authority held for its own account without regard to whether the bank or authority is independent from its parent state pursuant to Bancec. . . . [F]oreign central banks are not treated as generic “agencies or instrumentalities” of a foreign state under the FSIA: they are given “special protections” befitting the particular sovereign interest in preventing the attachment and execution of central bank property.229 Efforts to enforce judgments against property that is otherwise inviolable or immune (such as embassies, consulates, or their bank accounts falling under the Vienna Conventions on Diplomatic or Consular Relations) have been rejected.

Exceptions (Americans With Disabilities Legislation)

This section introduces, discusses and describes the basics of exceptions. Then, cross references and a brief overview about Americans With Disabilities Legislation is provided. Finally, the subject of Protection of Disabled Persons in relation with exceptions is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Exceptions (Exhaustion of Remedies)

This section introduces, discusses and describes the basics of exceptions. Then, cross references and a brief overview about Exhaustion of Remedies is provided. Finally, the subject of Justiciability in relation with exceptions is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Exceptions (Public Facilities)

This section introduces, discusses and describes the basics of exceptions. Then, cross references and a brief overview about Public Facilities is provided. Finally, the subject of Civil Rights Law in relation with exceptions is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Exceptions (Rehabilitation Legislation)

This section introduces, discusses and describes the basics of exceptions. Then, cross references and a brief overview about Rehabilitation Legislation is provided. Finally, the subject of Protection of Disabled Persons in relation with exceptions is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

See Also

Popular Topics related with Exceptions

• Arbitration Immunity
• Foreign Sovereign Immunities Act Instrumentality
• Foreign Sovereign Immunity
• Immunities Clause
• Immunities of International Organizations
• Immunity Means
• Immunity Specialized Agencies

Exceptions

Find more information on Exceptions in relation to the Anti-boycott Laws in the legal Encyclopedias.

Exceptions and the International Trade Law

Resources

See Also

Further Reading

• Exceptions entry in the Dictionary of International Trade Law (Raj Bhala)
• Exceptions entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
• Exceptions entry in the Dictionary of International Trade
• Exceptions entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)

Exceptions available as defenses

Find more information on Exceptions available as defenses in relation to the Export Administration System in the legal Encyclopedias.

Exceptions and the International Trade Law

Resources

See Also

Further Reading

• Exceptions entry in the Dictionary of International Trade Law (Raj Bhala)
• Exceptions entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
• Exceptions entry in the Dictionary of International Trade
• Exceptions entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)