§ 1606. — Extent of liability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1606]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
Sec. 1606. Extent of liability
As to any claim for relief with respect to which a foreign state is
not entitled to immunity under section 1605 or 1607 of this chapter, the
foreign state shall be liable in the same manner and to the same extent
as a private individual under like circumstances; but a foreign state
except for an agency or instrumentality thereof shall not be liable for
punitive damages; if, however, in any case wherein death was caused, the
law of the place where the action or omission occurred provides, or has
been construed to provide, for damages only punitive in nature, the
foreign state shall be liable for actual or compensatory damages
measured by the pecuniary injuries resulting from such death which were
incurred by the persons for whose benefit the action was brought.
(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2894; amended
Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(b)], Oct. 21,
1998, 112 Stat. 2681-480, 2681-491; Pub. L. 106-386, div. C,
Sec. 2002(g)(2), formerly Sec. 2002(f)(2), Oct. 28, 2000, 114 Stat.
1543, renumbered Sec. 2002(g)(2), Pub. L. 107-297, title II,
Sec. 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.)
Amendments
2000--Pub. L. 106-386, Sec. 2002(g)(2), formerly Sec. 2002(f)(2), as
renumbered by Pub. L. 107-297, which directed repeal of section 101(h)
[title I, Sec. 117(b)] of div. A of Pub. L. 105-277, was executed by
striking out ``, except any action under section 1605(a)(7) or 1610(f)''
after ``punitive damages'', to reflect the probable intent of Congress.
See 1998 Amendment note below.
1998--Pub. L. 105-277 inserted ``, except any action under section
1605(a)(7) or 1610(f)'' after ``punitive damages''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-277 applicable to any claim for which a
foreign state is not immune under section 1605(a)(7) of this title
arising before, on, or after Oct. 21, 1998, see section 101(h) [title I,
Sec. 117(c)] of Pub. L. 105-277, set out as a note under section 1610 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 1330, 1604 of this title.
