Notes on 28 U.S.C. § 1610 : US Code - Notes

Search Notes on 28 U.S.C. § 1610 : US Code - Notes

(Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2896;
amended Pub. L. 100-640, Sec. 2, Nov. 9, 1988, 102 Stat. 3333; Pub.
L. 100-669, Sec. 3, Nov. 16, 1988, 102 Stat. 3969; Pub. L. 101-650,
title III, Sec. 325(b)(9), Dec. 1, 1990, 104 Stat. 5121; Pub. L.
104-132, title II, Sec. 221(b), Apr. 24, 1996, 110 Stat. 1242; Pub.
L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(a)], Oct. 21,
1998, 112 Stat. 2681-480, 2681-491; Pub. L. 106-386, div. C, Sec.
2002(g)(1), formerly Sec. 2002(f)(1), Oct. 28, 2000, 114 Stat.
1543, renumbered Sec. 2002(g)(1), Pub. L. 107-297, title II, Sec.
201(c)(3), Nov. 26, 2002, 116 Stat. 2337.)
REFERENCES IN TEXT
The effective date of this Act, referred to in subsecs. (a) and
(b), is 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94-
583, set out as an Effective Date note under section 1602 of this
title.
AMENDMENTS
2000 - Subsec. (f)(2)(A), (B)(ii). Pub. L. 106-386, Sec.
2002(g)(1)(A), formerly Sec. 2002(f)(1)(A), as renumbered by Pub.
L. 107-297, substituted "should make every effort to" for "shall".
Subsec. (f)(3). Pub. L. 106-386, Sec. 2002(g)(1)(B), formerly
Sec. 2002(f)(1)(B), as renumbered by Pub. L. 107-297, added par.
(3).
1998 - Subsec. (f). Pub. L. 105-277 added subsec. (f).
1996 - Subsec. (a)(7). Pub. L. 104-132, Sec. 221(b)(1), added
par. (7).
Subsec. (b)(2). Pub. L. 104-132, Sec. 221(b)(2), substituted
"(5), or (7)," for "or (5)," and "involved in the act" for "used
for the activity".
1990 - Subsecs. (a)(6), (e). Pub. L. 101-650 substituted "state"
for "State" after "foreign".
1988 - Subsec. (a)(6). Pub. L. 100-669 added par. (6).
Subsec. (e). Pub. L. 100-640 added subsec. (e).
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(c)], Oct.
21, 1998, 112 Stat. 2681-480, 2681-491, provided that: "The
amendments made by subsections (a) and (b) [amending this section
and section 1606 of this title] shall apply to any claim for which
a foreign state is not immune under section 1605(a)(7) of title 28,
United States Code, arising before, on, or after the date of
enactment of this Act [Oct. 21, 1998]."
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-132 applicable to any cause of action
arising before, on, or after Apr. 24, 1996, see section 221(c) of
Pub. L. 104-132, set out as a note under section 1605 of this
title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-640 applicable to actions commenced on
or after Nov. 9, 1988, see section 3 of Pub. L. 100-640, set out as
a note under section 1605 of this title.
SATISFACTION OF JUDGMENTS FROM BLOCKED ASSETS OF TERRORISTS,
TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM
Pub. L. 107-297, title II, Sec. 201(a), (b), (d), Nov. 26, 2002,
116 Stat. 2337, 2339, provided that:
"(a) In General. - Notwithstanding any other provision of law,
and except as provided in subsection (b), in every case in which a
person has obtained a judgment against a terrorist party on a claim
based upon an act of terrorism, or for which a terrorist party is
not immune under section 1605(a)(7) of title 28, United States
Code, the blocked assets of that terrorist party (including the
blocked assets of any agency or instrumentality of that terrorist
party) shall be subject to execution or attachment in aid of
execution in order to satisfy such judgment to the extent of any
compensatory damages for which such terrorist party has been
adjudged liable.
"(b) Presidential Waiver. -
"(1) In general. - Subject to paragraph (2), upon determining
on an asset-by-asset basis that a waiver is necessary in the
national security interest, the President may waive the
requirements of subsection (a) in connection with (and prior to
the enforcement of) any judicial order directing attachment in
aid of execution or execution against any property subject to the
Vienna Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations.
"(2) Exception. - A waiver under this subsection shall not
apply to -
"(A) property subject to the Vienna Convention on Diplomatic
Relations or the Vienna Convention on Consular Relations that
has been used by the United States for any nondiplomatic
purpose (including use as rental property), or the proceeds of
such use; or
"(B) the proceeds of any sale or transfer for value to a
third party of any asset subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular
Relations.
"(d) Definitions. - In this section, the following definitions
shall apply:
"(1) Act of terrorism. - The term 'act of terrorism' means -
"(A) any act or event certified under section 102(1) [Pub. L.
107-297, set out in a note under section 6701 of Title 15,
Commerce and Trade]; or
"(B) to the extent not covered by subparagraph (A), any
terrorist activity (as defined in section 212(a)(3)(B)(iii) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(iii))).
"(2) Blocked asset. - The term 'blocked asset' means -
"(A) any asset seized or frozen by the United States under
section 5(b) of the Trading With the Enemy Act (50 U.S.C. App.
5(b)) or under sections 202 and 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1701; 1702); and
"(B) does not include property that -
"(i) is subject to a license issued by the United States
Government for final payment, transfer, or disposition by or
to a person subject to the jurisdiction of the United States
in connection with a transaction for which the issuance of
such license has been specifically required by statute other
than the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) or the United Nations Participation Act
of 1945 (22 U.S.C. 287 et seq.); or
"(ii) in the case of property subject to the Vienna
Convention on Diplomatic Relations or the Vienna Convention
on Consular Relations, or that enjoys equivalent privileges
and immunities under the law of the United States, is being
used exclusively for diplomatic or consular purposes.
"(3) Certain property. - The term 'property subject to the
Vienna Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations' and the term 'asset subject to
the Vienna Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations' mean any property or asset,
respectively, the attachment in aid of execution or execution of
which would result in a violation of an obligation of the United
States under the Vienna Convention on Diplomatic Relations or the
Vienna Convention on Consular Relations, as the case may be.
"(4) Terrorist party. - The term 'terrorist party' means a
terrorist, a terrorist organization (as defined in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi))), or a foreign state designated as a state
sponsor of terrorism under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)."
WAIVER OF EXCEPTION TO IMMUNITY FROM ATTACHMENT OR EXECUTION
Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(d)], Oct.
21, 1998, 112 Stat. 2681-480, 2681-492, which authorized the
President to waive the requirements of section 101(h) [title I,
Sec. 117] of Pub. L. 105-277, which amended this section and
section 1606 of this title and enacted provisions set out as a note
above, in the interest of national security, was repealed by Pub.
L. 106-386, div. C, Sec. 2002(g)(2), formerly Sec. 2002(f)(2), Oct.
28, 2000, 114 Stat. 1543, renumbered Sec. 2002(g)(2), Pub. L. 107-
297, title II, Sec. 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.
Determination of President of the United States, No. 99-1, Oct.
21, 1998, 64 F.R. 59201, which provided for waiver of requirements
of section 101(h) [title I, Sec. 117(b)] of div. A of Pub. L. 105-
277, relating to blocked property of terrorist-list states, was
superseded by Determination of President of the United States, No.
2001-3, Oct. 28, 2000, 65 F.R. 66483, set out below.
DETERMINATION TO WAIVE ATTACHMENT PROVISIONS RELATING TO BLOCKED
PROPERTY OF TERRORIST-LIST STATES
Determination of President of the United States, No. 2001-3, Oct.
28, 2000, 65 F.R. 66483, provided:
Memorandum for the Secretary of State [and] the Secretary of the
Treasury
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section 2002(f)
[now 2002(g)] of H.R. 3244, "Victims of Trafficking and Violence
Protection Act of 2000," (approved October 28, 2000) [section
2002(g) of Pub. L. 106-386, amending this section and section 1606
of this title and repealing provisions set out as a note above], I
hereby determine that subsection (f)(1) of section 1610 of title
28, United States Code, which provides that any property with
respect to which financial transactions are prohibited or regulated
pursuant to section 5(b) of the Trading with the Enemy Act (50
U.S.[C.] App. 5(b)[)], section 620(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1701-1702),
and proclamations, orders, regulations, and licenses issued
pursuant thereto, be subject to execution or attachment in aid of
execution of any judgment relating to a claim for which a foreign
state claiming such property is not immune from the jurisdiction of
courts of the United States or of the States under section
1605(a)(7) of title 28, United States Code, would impede the
ability of the President to conduct foreign policy in the interest
of national security and would, in particular, impede the
effectiveness of such prohibitions and regulations upon financial
transactions. Therefore, pursuant to section 2002(f) [now 2002(g)]
of H.R. 3244, the "Victim's of Trafficking and Violence Protection
Act of 2000," I hereby waive subsection (f)(1) of section 1610 of
title 28, United States Code, in the interest of national security.
This waiver, together with the amendment of subsection (f)(2) of
the Foreign Sovereign Immunities Act [probably means subsec. (f)(2)
of this section] and the repeal of the subsection (b) of section
117 of the Treasury and General Government Appropriations Act, 1999
[section 101(h) [title I, Sec. 117(b)] of div. A of Pub. L. 105-
277, amending section 1606 of this title], supersedes my prior
waiver of the requirements of subsections (a) and (b) of said
section 117 [amending this section and section 1606 of this title],
executed on October 21, 1998 [former Determination of President of
the United States, No. 99-1, Oct. 21, 1998, 64 F.R. 59201].
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
William J. Clinton.