§ 1611. — Certain types of property immune from execution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1611]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
Sec. 1611. Certain types of property immune from execution
(a) Notwithstanding the provisions of section 1610 of this chapter,
the property of those organizations designated by the President as being
entitled to enjoy the privileges, exemptions, and immunities provided by
the International Organizations Immunities Act shall not be subject to
attachment or any other judicial process impeding the disbursement of
funds to, or on the order of, a foreign state as the result of an action
brought in the courts of the United States or of the States.
(b) Notwithstanding the provisions of section 1610 of this chapter,
the property of a foreign state shall be immune from attachment and from
execution, if--
(1) the property is that of a foreign central bank or monetary
authority held for its own account, unless such bank or authority,
or its parent foreign government, has explicitly waived its immunity
from attachment in aid of execution, or from execution,
notwithstanding any withdrawal of the waiver which the bank,
authority or government may purport to effect except in accordance
with the terms of the waiver; or
(2) the property is, or is intended to be, used in connection
with a military activity and
(A) is of a military character, or
(B) is under the control of a military authority or defense
agency.
(c) Notwithstanding the provisions of section 1610 of this chapter,
the property of a foreign state shall be immune from attachment and from
execution in an action brought under section 302 of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 to the extent that the
property is a facility or installation used by an accredited diplomatic
mission for official purposes.
(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2897; amended
Pub. L. 104-114, title III, Sec. 302(e), Mar. 12, 1996, 110 Stat. 818.)
References in Text
The International Organizations Immunities Act, referred to in
subsec. (a), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, as
amended, which is classified principally to subchapter XVIII (Sec. 288
et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse.
For complete classification of this Act to the Code, see Short Title
note set out under section 288 of Title 22 and Tables.
Section 302 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996, referred to in subsec. (c), is section 302 of
Pub. L. 104-114, which amended this section and enacted section 6082 of
Title 22, Foreign Relations and Intercourse.
Amendments
1996--Subsec. (c). Pub. L. 104-114 added subsec. (c).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-114 effective Aug. 1, 1996, or date
determined pursuant to suspension authority of President under section
6085(b) or (c) of Title 22, Foreign Relations and Intercourse, see
section 6085 of Title 22.
Section Referred to in Other Sections
This section is referred to in section 1609 of this title.
