(a) A Notice of Suit prescribed in section 1608(a) of title 28, United States Code, shall be prepared in the form that appears in the Annex to this section.
(b) In preparing a Notice of Suit, a party shall in every instance supply the information specified in items 1 through 5 of the form appearing in the Annex to this section. A party shall also supply information specified in item 6, if notice of a default judgment is being served.
(c) In supplying the information specified in item 5, a party shall in simplified language summarize the nature and purpose of the proceeding (including principal allegations and claimed bases of liability), the reasons why the foreign state or political subdivision has been named as a party in the proceeding, and the nature and amount of relief sought. The purpose of item 5 is to enable foreign officials unfamiliar with American legal documents to ascertain the above information.
(d) A party may attach additional pages to the Notice of Suit to complete information under any item.
(e) A party shall attach, as part of the Notice of Suit, a copy of the Foreign State Immunities Act of 1976 (Pub. L. 94-583; 90 Stat. 2891).
Annex
Notice of Suit (or of Default Judgment
1)
1 Relevant only if items 4 and 6 indicate that a default judgment has occurred.
1. Title of legal proceeding; full name of court; case or docket number.
2. Name of foreign state (or political subdivision) concerned:
3. Identity of the other Parties:
Judicial Documents
4. Nature of documents served (e.g., Summons and Complaint; Default Judgment):
5. Nature and purpose of the proceedings; why the foreign state (or political subdivision) has been named; relief requested:
6. Date of default judgment (if any):
7. A response to a “Summons” and “Complaint” is required to be submitted to the court, not later than 60 days after these documents are received. The response may present jurisdictional defenses (including defenses relating to state immunity).
8. The failure to submit a timely response with the court can result in a Default Judgment and a request for execution to satisfy the judgment. If a default judgment has been entered, a procedure may be available to vacate or open that judgment.
9. Questions relating to state immunities and to the jurisdiction of United States courts over foreign states are governed by the Foreign Sovereign Immunities Act of 1976, which appears in sections 1330, 1391(f), 1441(d), and 1602 through 1611, of Title 28, United States Code (Pub. L. 94-583; 90 Stat. 2891).
(Sec. 1608(a), Foreign Sovereign Immunities Act of 1976, Pub. L. 94-583 (28 U.S.C. 1608(a)); sec. 4, 63 Stat. 111, as amended (22 U.S.C. 2658))
[42 FR 6367, Feb. 2, 1977]
Notes of Decisions
Fly Brazil Grp. v. the Govt. of Gabon, Africa, 709 F. Supp. 2d 1274 (S.D. Fla. 2010).
· cites it 7× “The Secretary of State has promulgated 22 C.F.R. § 93.2 to articulate the necessary ingredients of sufficient “notice of suit” under Section 1608.”
Belkin v. Islamic Repub. of Iran, 667 F. Supp. 2d 8 (D.D.C. 2009).
“§ 1608 (a), and 22 C.F.R. § 93.2 , plaintiff caused the complaint, summons and Notice of Suit, along with translations of each, to be served on each defendant, namely the Islamic Republic of Iran (“Iran”), Iran’s Ministry of Information and Security (“MOIS”), and the Islamic…”
Barot v. Embassy of Repub. of Zambia, 785 F.3d 26 (D.C. Cir. 2015).
“This requires serving a summons, complaint, and notice of suit, see 22 C.F.R. § 93.2 , along with any necessary translations, that are “dispatched by the clerk of the court,” and sent to the “head of the ministry of foreign affairs” in Lusaka, Zambia, whether identified by name…”
Lucchino v. Foreign Countries, 631 F. Supp. 821 (E.D. Pa. 1986).
· cites it 2× “Under 22 C.F.R. § 93.2 (1984), the following information must be contained in a notice of suit: NOTICE OF SUIT (OR OF DEFAULT JUDGMENT) 1.”
Barot v. Embassy of the Repub. of Zambia, 11 F. Supp. 3d 24 (D.D.C. 2014).
“§ 1608 (a), including a notice of suit that complie[d] with all the requirements contained in 22 C.F.R. § 93.2 , by *28 December 9, 2013.”
Keenan v. Holy See (D. Minnesota 2021).
· cites it 13× “The regulation appears at 22 C.F.R. § 93.2 . It says that the notice of suit “shall be prepared in the form that appears in the Annex to this section.”
Jackson v. People's Repub. of China, 550 F. Supp. 869 (N.D. Ala. 1982).
“NOTES [1] A "notice of suit" is described fully at 22 C.F.R. § 93.2 (1981). The same section applies to notice of a default judgment.”
O'BRYAN v. Holy See, 490 F. Supp. 2d 826 (W.D. Ky. 2005).
“The Court finds no significant problem with the content of the notice of suit, as it provides the basic information required by the letter of section 1608(a) and 22 C.F.R. § 93.2 . Defendant’s demand for detailed, treatise-like explanations of various court documents and legal…”
Jackson v. People's Repub. of China, 550 F. Supp. 869 (N.D. Ala. 1982).
“A “notice of suit” is described fully at 22 C.F.R. § 93.2 (1981). The same section applies to notice of a default judgment.”
Von Pezold v. Repub. of Zimbabwe (D.D.C. 2022).
“” 22 C.F.R. § 93.2 (e) (2022). The von Pezold Petitioners concede that they did not include a copy of the FSIA with their mailing.”
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