What is the Foreign Sovereign Immunities Act?

Foreign Sovereign Immunities Act of l976, Pub. L. 94-583, 90 Stat. 289l, 28 U.S.C. Sec. l330, l332(a), l39l(f) and l60l-l6ll [hereinafter the FSIA], limits the role of the Executive branch in suits against foreign governments and governmental entities by precluding the Department of State from making decisions on state immunity. By a circular note dated December 10, 1976, the Department of State informed all foreign embassies in Washington of the enactment of the FSIA (1976 Digest of United States Practice in International Law, Office of the Legal Adviser, U.S. Department of State, 327-328 (1977)). The US. Foreign Sovereign Immunities Act codifies the restrictive theory of immunity, incorporating criteria, which the courts had developed in applying the theory, while codifying and applying international law.

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