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28 U.S. Code § 1605B - Responsibility of foreign states for international terrorism against the United States

(a) Definition.—In this section, the term “international terrorism”—

(1)

has the meaning given the term in section 2331 of title 18, United States Code; and

(2)

does not include any act of war (as defined in that section).

(b) Responsibility of Foreign States.—A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by—

(1)

an act of international terrorism in the United States; and

(2)

a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred.

Notwithstanding section 2337(2) of title 18, a national of the United States may bring a claim against a foreign state in accordance with section 2333 of that title if the foreign state would not be immune under subsection (b).

(d) Rule of Construction.—

A foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence.

(Added Pub. L. 114–222, § 3(a), Sept. 28, 2016, 130 Stat. 853.)

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any civil action pending on, or commenced on or after, Sept. 28, 2016, and arising out of an injury to a person, property, or business on or after Sept. 11, 2001, see section 7 of Pub. L. 114–222, set out as an Effective Date of 2016 Amendment note under section 2333 of Title 18, Crimes and Criminal Procedure.

Stay of Actions Pending State Negotiations

Pub. L. 114–222, § 5, Sept. 28, 2016, 130 Stat. 854, provided that:

“(a) Exclusive Jurisdiction.—

The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act.

“(b) Intervention.—

The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part.

“(c) Stay.—

“(1) In general.—

A court of the United States may stay a proceeding against a foreign state if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.

“(2) Duration.—

“(A) In general.—

A stay under this section may be granted for not more than 180 days.

“(B) Extension.—

“(i) In general.—

The Attorney General may petition the court for an extension of the stay for additional 180-day periods.

“(ii) Recertification.—

A court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.”