28-U.S.C.-1606

28-U.S.C.-1606

§1606 – Extent of Liability

Pathway

Title 28 > Part IV > Chapter 97 > Section 1606

Details

  • Reference: Section 1606
  • Legend: §1606 – Extent of Liability
  • USCode Year: 2013

Provision Content

As to any claim for relief with respect to which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances; but a foreign state except for an agency or instrumentality thereof shall not be liable for punitive damages; if, however, in any case wherein death was caused, the law of the place where the action or omission occurred provides, or has been construed to provide, for damages only punitive in nature, the foreign state shall be liable for actual or compensatory damages measured by the pecuniary injuries resulting from such death which were incurred by the persons for whose benefit the action was brought.

(Added Pub. L. 94–583, §4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 105–277, div. A, §101(h) [title I, §117(b)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–491; Pub. L. 106–386, div. C, §2002(g)(2), formerly §2002(f)(2), Oct. 28, 2000, 114 Stat. 1543, renumbered §2002(g)(2), Pub. L. 107–297, title II, §201(c)(3), Nov. 26, 2002, 116 Stat. 2337.)

Amendments

2000—Pub. L. 106–386, §2002(g)(2), formerly §2002(f)(2), as renumbered by Pub. L. 107–297, which directed repeal of section 101(h) [title I, §117(b)] of div. A of Pub. L. 105–277, was executed by striking out , except any action under section 1605(a)(7) or 1610(f) after punitive damages, to reflect the probable intent of Congress. See 1998 Amendment note below.

1998—Pub. L. 105–277 inserted , except any action under section 1605(a)(7) or 1610(f) after punitive damages.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–277 applicable to any claim for which a foreign state is not immune under section 1605(a)(7) of this title arising before, on, or after Oct. 21, 1998, see section 101(h) [title I, §117(c)] of Pub. L. 105–277, set out as a note under section 1610 of this title.

U.S. Encyclopedia of Law Coverage

28-U.S.C.-1581 in the Legal Encyclopedia: Judiciary

In this entry about 28-U.S.C.-1581, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

Chapter 93 – Repealed in the Legal Encyclopedia: Jurisdiction

In this entry about Chapter 93 – Repealed, find legal reference material, bibliographies and premiere content related to jurisdiction in the American Encyclopedia of Law, presenting a comprehensive view of the United States jurisdiction-specific issues, written by authorities in the field.

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