28 U.S.C. § 1608 : US Code - Section 1608: Service; time to answer; default

Search 28 U.S.C. § 1608 : US Code - Section 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.