§ 1603. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1603]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
Sec. 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 (d) 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.
(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2892.)
Section Referred to in Other Sections
This section is referred to in sections 1330, 1332, 1369, 1391,
1441, 1610 of this title; title 12 section 635; title 15 section 15;
title 22 sections 2295b, 6003, 6023.
