Notes on 28 U.S.C. § 1605 : US Code - Notes

Search Notes on 28 U.S.C. § 1605 : US Code - Notes

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2892;
amended Pub. L. 100-640, Sec. 1, Nov. 9, 1988, 102 Stat. 3333; Pub.
L. 100-669, Sec. 2, Nov. 16, 1988, 102 Stat. 3969; Pub. L. 101-650,
title III, Sec. 325(b)(8), Dec. 1, 1990, 104 Stat. 5121; Pub. L.
104-132, title II, Sec. 221(a), Apr. 24, 1996, 110 Stat. 1241; Pub.
L. 105-11, Apr. 25, 1997, 111 Stat. 22; Pub. L. 107-77, title VI,
Sec. 626(c), Nov. 28, 2001, 115 Stat. 803; Pub. L. 107-117, div. B,
Sec. 208, Jan. 10, 2002, 115 Stat. 2299.)
REFERENCES IN TEXT
Section 101(a)(22) of the Immigration and Nationality Act,
referred to in subsec. (a)(7)(B)(ii), is classified to section
1101(a)(22) of Title 8, Aliens and Nationality.
The Ship Mortgage Act, 1920, referred to in subsec. (d), is
section 30 of act June 5, 1920, ch. 250, 41 Stat. 1000, as amended,
which was classified generally to chapter 25 (Sec. 911 et seq.) of
former Title 46, Shipping, and was repealed by Pub. L. 100-710,
title I, Sec. 106(b)(2), Nov. 23, 1988, 102 Stat. 4752, and
reenacted by section 102(c) thereof as chapters 301 and 313 of
Title 46, Shipping.
Section 3 of the Torture Victim Protection Act of 1991, referred
to in subsec. (e)(1), is section 3 of Pub. L. 102-256, Mar. 12,
1992, 106 Stat. 73, which is set out in a note under section 1350
of this title.
Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure,
referred to in subsec. (g)(4), are set out in the Appendix to this
title.
AMENDMENTS
2002 - Subsec. (a)(7)(A). Pub. L. 107-117 amended Pub. L. 107-77.
See 2001 Amendment note below.
2001 - Subsec. (a)(7)(A). Pub. L. 107-77, as amended by Pub. L.
107-117, inserted before semicolon "or the act is related to Case
Number 1:00CV03110(EGS) in the United States District Court for the
District of Columbia".
1997 - Subsec. (a)(7)(B)(ii). Pub. L. 105-11 substituted "neither
the claimant nor the victim was" for "the claimant or victim was
not".
1996 - Subsec. (a)(7). Pub. L. 104-132, Sec. 221(a)(1), added
par. (7).
Subsecs. (e) to (g). Pub. L. 104-132, Sec. 221(a)(2), added
subsecs. (e) to (g).
1990 - Subsec. (a)(6). Pub. L. 101-650 substituted "state" for
"State" after "foreign".
1988 - Subsec. (a)(6). Pub. L. 100-669 added par. (6).
Subsec. (b). Pub. L. 100-702, Sec. 1(3), struck out at end
"Whenever notice is delivered under subsection (b)(1) of this
section, the maritime lien shall thereafter be deemed to be an in
personam claim against the foreign state which at that time owns
the vessel or cargo involved: Provided, That a court may not award
judgment against the foreign state in an amount greater than the
value of the vessel or cargo upon which the maritime lien arose,
such value to be determined as of the time notice is served under
subsection (b)(1) of this section."
Subsec. (b)(1). Pub. L. 100-640, Sec. 1(1), substituted "and if
the vessel or cargo is arrested pursuant to process obtained on
behalf of the party bringing the suit, the service of process of
arrest shall be deemed to constitute valid delivery of such notice,
but the party bringing the suit shall be liable for any damages
sustained by the foreign state as a result of the arrest if the
party bringing the suit had actual or constructive knowledge that
the vessel or cargo of a foreign state was involved" for "but such
notice shall not be deemed to have been delivered, nor may it
thereafter be delivered, if the vessel or cargo is arrested
pursuant to process obtained on behalf of the party bringing the
suit - unless the party was unaware that the vessel or cargo of a
foreign state was involved, in which event the service of process
of arrest shall be deemed to constitute valid delivery of such
notice".
Subsec. (b)(2). Pub. L. 100-640, Sec. 1(2), substituted
"paragraph (1) of this subsection" for "subsection (b)(1) of this
section".
Subsecs. (c), (d). Pub. L. 100-702, Sec. 1(3), added subsecs. (c)
and (d).
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105-11 provided that the amendment made by that Act was
effective with respect to any cause of action arising before, on,
or after Apr. 25, 1997.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 221(c) of title II of Pub. L. 104-132 provided that: "The
amendments made by this subtitle [subtitle B (Sec. 221) of title II
of Pub. L. 104-132, amending this section and section 1610 of this
title] shall apply to any cause of action arising before, on, or
after the date of the enactment of this Act [Apr. 24, 1996]."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 3 of Pub. L. 100-640 provided that: "The amendments made
by this Act [amending this section and section 1610 of this title]
shall apply to actions commenced on or after the date of the
enactment of this Act [Nov. 9, 1988]."
CIVIL LIABILITY FOR ACTS OF STATE SPONSORED TERRORISM
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
589], Sept. 30, 1996, 110 Stat. 3009-121, 3009-172, provided that:
"(a) an [sic] official, employee, or agent of a foreign state
designated as a state sponsor of terrorism designated [sic] under
section 6(j) of the Export Administration Act of 1979 [50 App.
U.S.C. 2405(j)] while acting within the scope of his or her office,
employment, or agency shall be liable to a United States national
or the national's legal representative for personal injury or death
caused by acts of that official, employee, or agent for which the
courts of the United States may maintain jurisdiction under section
1605(a)(7) of title 28, United States Code, for money damages which
may include economic damages, solatium, pain, and suffering, and
punitive damages if the acts were among those described in section
1605(a)(7).
"(b) Provisions related to statute of limitations and limitations
on discovery that would apply to an action brought under 28 U.S.C.
1605(f) and (g) shall also apply to actions brought under this
section. No action shall be maintained under this action [sic] if
an official, employee, or agent of the United States, while acting
within the scope of his or her office, employment, or agency would
not be liable for such acts if carried out within the United
States."