28 U.S.C. § 1605A: Terrorism exception to the jurisdictional immunity of a foreign state

A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act if such act or provision of material support or resources is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency. the foreign state was designated as a state sponsor of terrorism at the time the act described in paragraph (1) occurred, or was so designated as a result of such act, and, subject to subclause (II), either remains so designated when the claim is filed under this section or was so designated within the 6-month period before the claim is filed under this section; or in the case of an action that is refiled under this section by reason of section 1083(c)(2)(A) of the National Defense Authorization Act for Fiscal Year 2008 or is filed under this section by reason of section 1083(c)(3) of that Act, the foreign state was designated as a state sponsor of terrorism when the original action or the related action under section 1605(a)(7) (as in effect before the enactment of this section) or section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section 101(c) of division A of Public Law 104–208 ) was filed; a national of the United States; a member of the armed forces; or otherwise an employee of the Government of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employee’s employment; and in a case in which the act occurred in the foreign state against which the claim has been brought, the claimant has afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with the accepted international rules of arbitration; or the act described in paragraph (1) is related to Case Number 1:00CV03110 (EGS) in the United States District Court for the District of Columbia. 10 years after April 24, 1996 ; or 10 years after the date on which the cause of action arose. a national of the United States, a member of the armed forces, an employee of the Government of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employee’s employment, or the legal representative of a person described in paragraph (1), (2), or (3), After an action has been brought under subsection (c), actions may also be brought for reasonably foreseeable property loss, whether insured or uninsured, third party liability, and loss claims under life and property insurance policies, by reason of the same acts on which the action under subsection (c) is based. The courts of the United States may appoint special masters to hear damage claims brought under this section. The Attorney General shall transfer, from funds available for the program under section 1404C of the Victims of Crime Act of 1984 ( 42 U.S.C. 10603c ), 1 to the Administrator of the United States district court in which any case is pending which has been brought or maintained under this section such funds as may be required to cover the costs of special masters appointed under paragraph (1). Any amount paid in compensation to any such special master shall constitute an item of court costs. 1 See References in Text note below. In an action brought under this section, appeals from orders not conclusively ending the litigation may only be taken pursuant to section 1292(b) of this title . subject to attachment in aid of execution, or execution, under section 1610; located within that judicial district; and titled in the name of any defendant, or titled in the name of any entity controlled by any defendant if such notice contains a statement listing such controlled entity. A notice of pending action pursuant to this section shall be filed by the clerk of the district court in the same manner as any pending action and shall be indexed by listing as defendants all named defendants and all entities listed as controlled by any defendant. Liens established by reason of this subsection shall be enforceable as provided in chapter 111 of this title. the term “aircraft sabotage” has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation; the term “hostage taking” has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; the term “material support or resources” has the meaning given that term in section 2339A of title 18 ; the term “armed forces” has the meaning given that term in section 101 of title 10 ; the term “national of the United States” has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ); the term “state sponsor of terrorism” means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), 1 section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism; and the terms “torture” and “extrajudicial killing” have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 ( 28 U.S.C. 1350 note). The amendments made by this section [enacting this section and amending sections 1605, 1607 and 1610 of this title and section 20104 of Title 34 , Crime Control and Law Enforcement] shall apply to any claim arising under section 1605A of title 28 , United States Code. was brought under section 1605(a)(7) of title 28 , United States Code, or section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section 101(c) of division A of Public Law 104–208 ) [ 28 U.S.C. 1605 note], before the date of the enactment of this Act [ Jan. 28, 2008 ], relied upon either such provision as creating a cause of action, has been adversely affected on the grounds that either or both of these provisions fail to create a cause of action against the state, and as of such date of enactment, is before the courts in any form, including on appeal or motion under rule 60(b) of the Federal Rules of Civil Procedure [28 U.S.C. App.], in any action with respect to which a motion is made under subparagraph (A), or in any action that was originally brought, before the date of the enactment of this Act, under section 1605(a)(7) of title 28 , United States Code, or section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section 101(c) of division A of Public Law 104–208 ), and is refiled under section 1605A(c) of title 28 , United States Code, 10 years after April 24, 1996 ; or 10 years after the cause of action arose; and within the 60-day period beginning on the date of the enactment of this Act. the date of the entry of judgment in the original action; or the date of the enactment of this Act [ Jan. 28, 2008 ]. Nothing in section 1503 of the Emergency Wartime Supplemental Appropriations Act, 2003 ( Public Law 108–11 , 117 Stat. 579 ) has ever authorized, directly or indirectly, the making inapplicable of any provision of chapter 97 of title 28, United States Code, or the removal of the jurisdiction of any court of the United States.” “This title may be cited as the ‘Sudan Claims Resolution Act’. the United States should support Sudan’s democratic transition, particularly in light of the country’s dire economic situation, and this is a critical moment to address longstanding issues in the relationship between the United States and Sudan; as part of the process of restoring normal relations between Sudan and the United States, Congress supports efforts to provide meaningful compensation to individuals employed by or serving as contractors for the United States Government, as well as their family members, who personally have been awarded by a United States District Court a judgment for compensatory damages against Sudan; and the terrorism-related claims of victims and family members of the September 11, 2001 , terrorist attacks must be preserved and protected. the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. The term ‘claims agreement’ means the Claims Settlement Agreement Between the Government of the United States of America and the Government of the Republic of the Sudan, done at Washington, D.C., on October 30, 2020 , including all annexes, appendices, side letters, related agreements, and instruments for implementation, including the escrow agreement among the Central Bank of Sudan, the Federal Reserve Bank of New York, and the escrow agent appointed thereby, as well as the escrow conditions release agreement, set out in an exchange of diplomatic notes between the United States and Sudan on October 21, 2020 , and subsequently amended on December 19, 2020 . The term ‘foreign national’ means an individual who is not a citizen of the United States. The term ‘Secretary’ means the Secretary of State. section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or any other provision of law. The term ‘Sudan’ means the Government of the Republic of the Sudan. Sudan, an agency or instrumentality of Sudan, and the property of Sudan or an agency or instrumentality of Sudan, shall not be subject to the exceptions to immunity from jurisdiction, liens, attachment, and execution under section 1605(a)(7) (as such section was in effect on January 27, 2008 ) or section 1605A or 1610 (insofar as section 1610 relates to a judgment under such section 1605(a)(7) or 1605A) of title 28, United States Code; section 1605A(c) of title 28 , United States Code, section 1083(c) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 28 U.S.C. 1605A note), section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 ( Public Law 104–208 ; 28 U.S.C. 1605 note), and any other private right of action relating to acts by a state sponsor of terrorism arising under Federal, State, or foreign law shall not apply with respect to claims against Sudan, or any of its agencies, instrumentalities, officials, employees, or agents in any action in a Federal or State court; and any attachment, decree, lien, execution, garnishment, or other judicial process brought against property of Sudan, or property of any agency, instrumentality, official, employee, or agent of Sudan, in connection with an action that is precluded by subparagraph (A) or (B) shall be void. the August 12, 1993 , designation of Sudan as a state sponsor of terrorism has been formally rescinded; Sudan has made final payments with respect to the private settlement of the claims of victims of the U.S.S. Cole attack; and payment of the agreed private settlement amount for the death of a citizen of the United States who was an employee of the United States Agency for International Development in Sudan on January 1, 2008 ; meaningful compensation for claims of citizens of the United States (other than individuals described in section 1707(a)(1)) for wrongful death or physical injury in cases arising out of the August 7, 1998 , bombings of the United States embassies located in Nairobi, Kenya, and Dar es Salaam, Tanzania; and funds for compensation through a fair process to address compensation for terrorism-related claims of foreign nationals for wrongful death or physical injury arising out of the events referred to in clause (ii). Subject to section 1706, subsection (a) of this section shall apply to all conduct and any event occurring before the date of the certification described in subsection (a)(2), regardless of whether, or the extent to which, application of that subsection affects any action filed before, on, or after that date. The certification by the Secretary referred to in subsection (a)(2) may not be delegated and may not be subject to judicial review. It is the long-standing policy of the United States that civil lawsuits against those who support, aid and abet, and provide material support for international terrorism serve the national security interests of the United States by deterring the sponsorship of terrorism and by advancing interests of justice, transparency, and accountability. resolved claims against Sudan involving victims and family members of the September 11, 2001 , terrorist attacks; or otherwise advanced the interests of the victims and family members of the September 11, 2001 , terrorist attacks. The claims referenced in paragraph (2)(A) remain pending in the multidistrict proceeding 03–MDL–1570 in the United States District Court for the Southern District of New York, and subsection (c) preserves and protects those claims. It is the sense of Congress that the executive branch should not file a Statement of Interest or any other submission, or intervene in any other way, in the multidistrict proceeding 03–MDL–1570, in connection to the rescission of the designation of Sudan as a state sponsor of terrorism or the restoration of Sudan’s immunities from jurisdiction and execution in conformity with this Act [probably means “this title”], if such action would disadvantage terrorism victims. any claim in any of the proceedings comprising the multidistrict proceeding 03-MDL-1570 in the United States District Court for the Southern District of New York brought by any person who, as of the date of the enactment of this Act [ Dec. 27, 2020 ], has a claim pending against Sudan (including as a member of a class certified under Rule 23 of the Federal Rules of Civil Procedure or as a putative member of such a class pending certification); or the enforcement of any judgment in favor of such person entered in such proceeding. chapter 97 of title 28, United States Code (commonly known as the ‘Foreign Sovereign Immunities Act of 1976’), including 28 U.S.C. 1605A note [sic]; section 201 [probably means section 201(a), (b), (d)] of the Terrorism Risk Insurance Act of 2002 ( Public Law 107–297 ; 28 U.S.C. 1610 note), with respect to any asset that, on or after the date of enactment of this Act, is designated as a blocked asset (as defined in subsection (d)(2) of that section); rules governing the rights of parties to amend pleadings; and other relevant provisions of law. any section of chapter 97 of title 28, United States Code; or any other provision of law. has been awarded a judgment in any of the cases set forth in section (c) of the Annex to the claims agreement; and a United States employee or contractor injured in connection with the bombings of the United States embassies located in Nairobi, Kenya, and Dar es Salaam, Tanzania, who became a United States citizen after August 7, 1998 , and before the date of the enactment of this Act [ Dec. 27, 2020 ]; of a United States employee or contractor injured in connection with the bombings of the United States embassies located in Nairobi, Kenya, and Dar es Salaam, Tanzania; and who is a United States citizen as of the date of the enactment of this Act; or of a foreign national United States employee or contractor killed during those bombings; and who is a United States citizen as of the date of the enactment of this Act. an individual described in paragraph (1)(B)(i) shall be based on the same standards used to determine the compensation for an employee or contractor injured in connection with the bombings described in that paragraph who was a United States citizen on or before August 7, 1998 ; an individual described in paragraph (1)(B)(ii) shall be on an equal basis to compensation provided to a family member of an individual described in subparagraph (A); and an individual described in paragraph (1)(B)(iii) shall be on an equal, or, where applicable, a pro rata basis to compensation provided to a family member of a United States employee or contractor who was a United States citizen killed during such bombings. The Secretary shall distribute payments from funds made available to carry out subsection (a)(1) to individuals described in that subsection. Not later than December 31, 2021 , the Secretary shall send a letter to each individual who will receive payment under paragraph (1) informing the individual of the amount of compensation the individual will receive pending the execution of any writings under paragraph (3), and the standards used to determine compensation under subsection (a)(2), taking into account the individual’s final judgment amount. Before making a payment to an individual under paragraph (1), and after the delivery of the authorization letter under paragraph (2), the Secretary shall require the individual to execute a writing that includes a waiver and release of all the individual’s rights to assert claims for compensatory or other relief in any form or to enforce any judgment against Sudan in connection with, and any claims against the United States related to, any claim, suit, or action specified in Article II of the claims agreement. individuals described in subsection (a)(1) are not eligible to receive any compensation as provided by Sudan pursuant to Article III of the claims agreement; and among all other individuals eligible for compensation under section (c) of the Annex to the claims agreement consistent with the principles set out in that Annex; or if Sudan and the foreign nationals eligible for compensation reach a private settlement, then pursuant to the terms of that settlement. Not later than 90 days after the date of the enactment of this Act [ Dec. 27, 2020 ], the Secretary shall submit to the appropriate congressional committees a report that includes a detailed description of the plan of the Department of State for the distribution of payments to each category of individual described in subsection (a)(1), including how the Department is arriving at compensation levels for each individual and the amount of compensation each such individual will receive from funds made available to carry out that subsection. whether the distribution plan described in paragraph (1) was carried out; and whether compensation levels were provided as described in the report required by paragraph (1). all distributions were made in accordance with the requirements of subsections (a), (b), and (c); and all individuals described in subsection (a)(1) received compensation from amounts made available to carry out that subsection in the manner described in subsection (a)(2). Congress and the executive branch share responsibility for the foreign relations of the United States pursuant to Article I and Article II of the Constitution of the United States. All legislative powers of the Federal Government, including on matters of foreign relations, are vested in the Congress of the United States pursuant to section 1 of Article I of the Constitution. The executive branch may not direct Congress to take any action, nor may it convey any legislative or other power assigned to Congress under the Constitution to any entity, domestic or foreign. The original escrow release conditions agreement prescribed specific legislative text and purported both to require enactment of such text and provide a veto to Sudan over exceptions to that text. Congress rejected the approach described in paragraph (4). The executive branch and Sudan subsequently amended the escrow release conditions agreement to eliminate the specific legislative text as well as the purported requirement for enactment and the purported veto over exceptions to that text. “This Act may be cited as the ‘Libyan Claims Resolution Act’. the term ‘appropriate congressional committees’ means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; the term ‘claims agreement’ means an international agreement between the United States and Libya, binding under international law, that provides for the settlement of terrorism-related claims of nationals of the United States against Libya through fair compensation; the term ‘national of the United States’ has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ); the term ‘Secretary’ means the Secretary of State; and the term ‘state sponsor of terrorism’ means a country the government of which the Secretary has determined, for purposes of [former] section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) [former 50 U.S.C. 4605(j) ], section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. “Congress supports the President in his efforts to provide fair compensation to all nationals of the United States who have terrorism-related claims against Libya through a comprehensive settlement of claims by such nationals against Libya pursuant to an international agreement between the United States and Libya as a part of the process of restoring normal relations between Libya and the United States. The Secretary, by publication in the Federal Register, may, after consultation with the appropriate congressional committees, designate 1 or more entities to assist in providing compensation to nationals of the United States, pursuant to a claims agreement. The designation of an entity under paragraph (1) is within the sole discretion of the Secretary, and may not be delegated. The designation shall not be subject to judicial review. Notwithstanding any other provision of law, if the Secretary designates any entity under subsection (a)(1), any property described in subparagraph (B) of this paragraph shall be immune from attachment or any other judicial process. Such immunity shall be in addition to any other applicable immunity. relates to the claims agreement; and held by an entity designated by the Secretary under subsection (a)(1); transferred to the entity; or transferred from the entity. An entity designated by the Secretary under subsection (a)(1), and any person acting through or on behalf of such entity, shall not be liable in any Federal or State court for any action taken to implement a claims agreement. An entity designated by the Secretary under subsection (a)(1) shall not be subject to chapter 91 of title 31, United States Code (commonly known as the ‘Government Corporation Control Act’). Libya, an agency or instrumentality of Libya, and the property of Libya or an agency or instrumentality of Libya, shall not be subject to the exceptions to immunity from jurisdiction, liens, attachment, and execution contained in section 1605A, [former] 1605(a)(7), or 1610 (insofar as section 1610 relates to a judgment under such section 1605A or [former] 1605(a)(7)) of title 28, United States Code; section 1605A(c) of title 28 , United States Code, section 1083(c) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 342 ; 28 U.S.C. 1605A note), section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 [ Pub. L. 104–208, div. A, title I, § 101(c) ] ( 28 U.S.C. 1605 note), and any other private right of action relating to acts by a state sponsor of terrorism arising under Federal, State, or foreign law shall not apply with respect to claims against Libya, or any of its agencies, instrumentalities, officials, employees, or agents in any action in a Federal or State court; and any attachment, decree, lien, execution, garnishment, or other judicial process brought against property of Libya, or property of any agency, instrumentality, official, employee, or agent of Libya, in connection with an action that would be precluded by subparagraph (A) or (B) shall be void. by the Secretary to the appropriate congressional committees; and payment of the settlements referred to in section 654(b) of division J of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 2342 ); and fair compensation of claims of nationals of the United States for wrongful death or physical injury in cases pending on the date of enactment of this Act [ Aug. 4, 2008 ] against Libya arising under section 1605A of title 28 , United States Code (including any action brought under [former] section 1605(a)(7) of title 28 , United States Code, or section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 ( 28 U.S.C. 1605 note), that has been given effect as if the action had originally been filed under [section] 1605A(c) of title 28, United States Code, pursuant to section 1083(c) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 342 ; 28 U.S.C. 1605A note)). Subsection (a) shall apply only with respect to any conduct or event occurring before June 30, 2006 , regardless of whether, or the extent to which, application of that subsection affects any action filed before, on, or after that date. The certification by the Secretary referred to in subsection (a)(2) may not be delegated, and shall not be subject to judicial review.” the waiver is in the national security interest of the United States; the waiver will promote the reconstruction of, the consolidation of democracy in, and the relations of the United States with, Iraq; and Iraq continues to be a reliable ally of the United States and partner in combating acts of international terrorism. with respect to any conduct or event occurring before or on the date of the enactment of this Act [ Jan. 28, 2008 ]; with respect to any conduct or event occurring before or on the date of the exercise of that authority; and regardless of whether, or the extent to which, the exercise of that authority affects any action filed before, on, or after the date of the exercise of that authority or of the enactment of this Act. A waiver by the President under paragraph (1) shall cease to be effective 30 days after it is made unless the President has notified Congress in writing of the basis for the waiver as determined by the President under paragraph (1). It is the sense of the Congress that the President, acting through the Secretary of State, should work with the Government of Iraq on a state-to-state basis to ensure compensation for any meritorious claims based on terrorist acts committed by the Saddam Hussein regime against individuals who were United States nationals or members of the United States Armed Forces at the time of those terrorist acts and whose claims cannot be addressed in courts in the United States due to the exercise of the waiver authority under paragraph (1).”