§ 1608. — Service; time to answer default.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1608]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
Sec. 1608. Service; time to answer; default
(a) Service in the courts of the United States and of the States
shall be made upon a foreign state or political subdivision of a foreign
state:
(1) by delivery of a copy of the summons and complaint in
accordance with any special arrangement for service between the
plaintiff and the foreign state or political subdivision; or
(2) if no special arrangement exists, by delivery of a copy of
the summons and complaint in accordance with an applicable
international convention on service of judicial documents; or
(3) if service cannot be made under paragraphs (1) or (2), by
sending a copy of the summons and complaint and a notice of suit,
together with a translation of each into the official language of
the foreign state, by any form of mail requiring a signed receipt,
to be addressed and dispatched by the clerk of the court to the head
of the ministry of foreign affairs of the foreign state concerned,
or
(4) if service cannot be made within 30 days under paragraph
(3), by sending two copies of the summons and complaint and a notice
of suit, together with a translation of each into the official
language of the foreign state, by any form of mail requiring a
signed receipt, to be addressed and dispatched by the clerk of the
court to the Secretary of State in Washington, District of Columbia,
to the attention of the Director of Special Consular Services--and
the Secretary shall transmit one copy of the papers through
diplomatic channels to the foreign state and shall send to the clerk
of the court a certified copy of the diplomatic note indicating when
the papers were transmitted.
As used in this subsection, a ``notice of suit'' shall mean a notice
addressed to a foreign state and in a form prescribed by the Secretary
of State by regulation.
(b) Service in the courts of the United States and of the States
shall be made upon an agency or instrumentality of a foreign state:
(1) by delivery of a copy of the summons and complaint in
accordance with any special arrangement for service between the
plaintiff and the agency or instrumentality; or
(2) if no special arrangement exists, by delivery of a copy of
the summons and complaint either to an officer, a managing or
general agent, or to any other agent authorized by appointment or by
law to receive service of process in the United States; or in
accordance with an applicable international convention on service of
judicial documents; or
(3) if service cannot be made under paragraphs (1) or (2), and
if reasonably calculated to give actual notice, by delivery of a
copy of the summons and complaint, together with a translation of
each into the official language of the foreign state--
(A) as directed by an authority of the foreign state or
political subdivision in response to a letter rogatory or
request or
(B) by any form of mail requiring a signed receipt, to be
addressed and dispatched by the clerk of the court to the agency
or instrumentality to be served, or
(C) as directed by order of the court consistent with the
law of the place where service is to be made.
(c) Service shall be deemed to have been made--
(1) in the case of service under subsection (a)(4), as of the
date of transmittal indicated in the certified copy of the
diplomatic note; and
(2) in any other case under this section, as of the date of
receipt indicated in the certification, signed and returned postal
receipt, or other proof of service applicable to the method of
service employed.
(d) In any action brought in a court of the United States or of a
State, a foreign state, a political subdivision thereof, or an agency or
instrumentality of a foreign state shall serve an answer or other
responsive pleading to the complaint within sixty days after service has
been made under this section.
(e) No judgment by default shall be entered by a court of the United
States or of a State against a foreign state, a political subdivision
thereof, or an agency or instrumentality of a foreign state, unless the
claimant establishes his claim or right to relief by evidence
satisfactory to the court. A copy of any such default judgment shall be
sent to the foreign state or political subdivision in the manner
prescribed for service in this section.
(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2894.)
Section Referred to in Other Sections
This section is referred to in sections 1330, 1603, 1605, 1610 of
this title; title 22 section 6082.
