Immunity Exceptions in the United States

In the Foreign Sovereign Immunities Act of 1976

According to research about Immunity Exceptions from the Federal Judicial Center:The FSIA creates nine distinct and independent exceptions to immunity from jurisdiction. Six of these are found in 28 U.S.C. § 1605(a), as amended: (1) waiver, (2) commercial acts, (3) expropriations, (4) rights in certain kinds of property in the United States, (5) non-commercial torts, and (6) enforcement of arbitral agreements and awards. The seventh involves cases arising from certain acts of state-sponsored terrorism (formerly § 1605(a)(7), this exception is now codified separately at § 1605A.) The eighth category involves maritime liens and preferred mortgages and is dealt with in §§ 1605(b), (c), and (d). Counterclaims under 28 U.S.C. § 1607 constitute the ninth category. The most commonly invoked exceptions are waiver, commercial activity, expropriations, non-commercial torts, arbitration, and state-sponsored terrorism. Each of these exceptions is addressed briefly in this part, and citations are provided to facilitate further research as needed.103 It is worth emphasizing that “[a]t the threshold of every action in a District Court against a foreign state . . . the court must satisfy itself that one of the exceptions applies.”

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