Skip to main content

§ 1603. Definitions

Version history — every release point where this text changed

Release point 116-163 · current through 10/02/2020

116-252 is not ingested; this is Title 28 as published at 116-163 (2020-10-02), which is the latest release point at or before it that carries this title.

§ 1603.

Definitions

For purposes of this chapter—

(a)

A “foreign state”, except as used in section 1608 of this title, includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state as defined in subsection (b).

(b)

An “agency or instrumentality of a foreign state” means any entity—

(1)

which is a separate legal person, corporate or otherwise, and

(2)

which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and

(3)

which is neither a citizen of a State of the United States as defined in section 1332 (c) and (e) of this title, nor created under the laws of any third country.

(c)

The “United States” includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.

(d)

A “commercial activity” means either a regular course of commercial conduct or a particular commercial transaction or act. The commercial character of an activity shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose.

(e)

A “commercial activity carried on in the United States by a foreign state” means commercial activity carried on by such state and having substantial contact with the United States.

Source(Added Pub. L. 94–583, § 4(a),
Oct. 21, 1976
, 90 Stat. 2892; amended Pub. L. 109–2, § 4(b)(2),
Feb. 18, 2005
, 119 Stat. 12.)
Notes

Amendments

2005—Subsec. (b)(3). Pub. L. 109–2 substituted “(e)” for “(d)”.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–2 applicable to any civil action commenced on or after
Feb. 18, 2005
, see section 9 of Pub. L. 109–2, set out as a note under section 1332 of this title.

Effective Date

Section effective 90 days after
Oct. 21, 1976
, see section 8 of Pub. L. 94–583, set out as a note under section 1602 of this title.

Keyboard: /j previous · /k next · u up a level

Source XML JSON Version history

Cite this exact text: /us/usc/?id=id6015ca26-09a0-11eb-959b-fc7f182e481d

Citation URL: /us/usc/t28/s1603?release=116-163