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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 1605B Responsibility of foreign states for international terrorism against the United States us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 97 JURISDICTIONAL IMMUNITIES OF FOREIGN STATES 1605B 28 U.S.C. § 1605B current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s1605B data/legal/raw/us/code/title-28/usc28.xml 1fde5e3669e6f3b4bfde293d3d7390c6479ccb5209a7add60b9cc1cb9666fc03 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf 69c8ade1c985056e16ba1329bcc8b91d492ebabf470d81f45ca62be87f004516 2026-07-04 official
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28 U.S.C. § 1605B - Responsibility of foreign states for international terrorism against the United States

Text

(a) Definition.— In this section, the term “international terrorism”—

(1) has the meaning given the term in section 2331 of title 18, United States Code; and

(2) does not include any act of war (as defined in that section).

(b) Responsibility of Foreign States.— A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by—

(1) an act of international terrorism in the United States; and

(2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred.

(c) Claims by Nationals of the United States.— Notwithstanding section 2337(2) of title 18, a national of the United States may bring a claim against a foreign state in accordance with section 2333 of that title if the foreign state would not be immune under subsection (b).

(d) Rule of Construction.— A foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence.

(Added Pub. L. 114222, § 3(a), Sept. 28, 2016, 130 Stat. 853.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection applicable to any civil action pending on, or commenced on or after, Sept. 28, 2016, and arising out of an injury to a person, property, or business on or after Sept. 11, 2001, see section 7 of Pub. L. 114222, set out as an Effective Date of 2016 Amendment note under section 2333 of Title 18, Crimes and Criminal Procedure.

Stay of Actions Pending State NegotiationsPub. L. 114222, § 5, Sept. 28, 2016, 130 Stat. 854, provided that: “(a) Exclusive Jurisdiction.—The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act. “(b) Intervention.—The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under section 1605B of title 28, United States Code, as added by section 3(a) of this Act, for the purpose of seeking a stay of the civil action, in whole or in part. “(c) Stay.—“(1) In general.—A court of the United States may stay a proceeding against a foreign state if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. “(2) Duration.—“(A) In general.—A stay under this section may be granted for not more than 180 days. “(B) Extension.—“(i) In general.—The Attorney General may petition the court for an extension of the stay for additional 180-day periods. “(ii) Recertification.—A court shall grant an extension under clause (i) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought.”