28 U.S.C. § 1607

§1607. Counterclaims

Edition 2024

U.S.C. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
28 U.S.C.

United States Code, 2024 Edition

Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

Sec. 1607 - Counterclaims

From the U.S. Government Publishing Office, www.gpo.gov

§1607. Counterclaims

In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—

(a) for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or

(b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or

(c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.

(Added Pub. L. 94–583, §4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 110–181, div. A, title X, §1083(b)(2), Jan. 28, 2008, 122 Stat. 341.)

Editorial Notes

Amendments
2008—Subsec. (a). Pub. L. 110–181 inserted "or 1605A" after "section 1605".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment
For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of this title.

Effective Date
Section effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as a note under section 1602 of this title.

Official source