U.S. Code » Title 28 » Part PART IV— JURISDICTION AND VENUE › Chapter CHAPTER 97— JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

28 U.S.C. § 1608

Service; time to answer; default

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(a) Service in the courts of the United States and of the States shall be made upon a foreign state or political subdivision of a foreign state:(1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the foreign state or political subdivision; or(2) if no special arrangement exists, by delivery of a copy of the summons and complaint in accordance with an applicable international convention on service of judicial documents; or(3) if service cannot be made under paragraphs (1) or (2), by sending a copy of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned, or(4) if service cannot be made within 30 days under paragraph (3), by sending two copies of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the Secretary of State in Washington, District of Columbia, to the attention of the Director of Special Consular Services—and the Secretary shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted.As used in this subsection, a “notice of suit” shall mean a notice addressed to a foreign state and in a form prescribed by the Secretary of State by regulation.(b) Service in the courts of the United States and of the States shall be made upon an agency or instrumentality of a foreign state:(1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the agency or instrumentality; or(2) if no special arrangement exists, by delivery of a copy of the summons and complaint either to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process in the United States; or in accordance with an applicable international convention on service of judicial documents; or(3) if service cannot be made under paragraphs (1) or (2), and if reasonably calculated to give actual notice, by delivery of a copy of the summons and complaint, together with a translation of each into the official language of the foreign state—(A) as directed by an authority of the foreign state or political subdivision in response to a letter rogatory or request or(B) by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the agency or instrumentality to be served, or(C) as directed by order of the court consistent with the law of the place where service is to be made.(c) Service shall be deemed to have been made—(1) in the case of service under subsection (a)(4), as of the date of transmittal indicated in the certified copy of the diplomatic note; and(2) in any other case under this section, as of the date of receipt indicated in the certification, signed and returned postal receipt, or other proof of service applicable to the method of service employed.(d) In any action brought in a court of the United States or of a State, a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state shall serve an answer or other responsive pleading to the complaint within sixty days after service has been made under this section.(e) No judgment by default shall be entered by a court of the United States or of a State against a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court. A copy of any such default judgment shall be sent to the foreign state or political subdivision in the manner prescribed for service in this section.(Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2894.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 869 cases (235 in the last 5 years), 1977–2026 · leading case: James Owens v. Repub. of Sudan, 864 F.3d 751 (D.C. Cir. 2017).
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James Owens v. Repub. of Sudan, 864 F.3d 751 (D.C. Cir. 2017). · cites it 9× “The default was translated into Arabic and sent to Sudan in accordance with 28 U.S.C. § 1608 (e). In February 2004 Sudan secured counsel and in March 2004 moved to vacate the default and to dismiss the Owens action.”
Owens v. Repub. of Sudan, 826 F. Supp. 2d 128 (D.D.C. 2011). · cites it 22× “1:08-cv-01349 (JDB), service of process was completed on each of the named defendants: the Ministry of the Interior of the Republic of Sudan was served with process on February 12, 2009, pursuant to 28 U.S.C. § 1608 (a)(3) [Docket Entry 15]; the Republic of Sudan was served with…”
Fritz v. Islamic Repub. of Iran, 320 F. Supp. 3d 48 (D.C. Cir. 2018). · cites it 12× “See 28 U.S.C. § 1608 (e). Having found that the U.”
Thuneibat v. Syrian Arab Repub., 167 F. Supp. 3d 22 (D.D.C. 2016). · cites it 7× “” 28 U.S.C. § 1608 (e). “This provides foreign sovereigns a special protection akin to that assured the federal government by Fed.”
Howe v. Embassy of Italy, 68 F. Supp. 3d 26 (D.D.C. 2014). · cites it 19× “Proper Service Under The FSIA Service of process pursuant to the FSIA is governed by 28 U.S.C. § 1608 , which provides two avenues to serve a foreign sovereign, depending on the type of entity to be served.”
Repub. of Sudan v. Harrison, 139 S. Ct. 1048 (2019). · cites it 6× “” 28 U. S. C. §1608 (a)(3). The question now before us is whether this provision is satisfied when a service packet that names the foreign minister is mailed to the foreign state’s embassy in the United States.”
Angellino v. Royal Fam. Al-Saud, 688 F.3d 771 (D.C. Cir. 2012). · cites it 12× “23 because Angellino failed to serve process on the defendants pursuant to 28 U.S.C. § 1608 (a) and Federal Rule of Civil Procedure (FRCP) 4(f).”
Akins v. Islamic Repub. of Iran, 332 F. Supp. 3d 1 (D.C. Cir. 2018). · cites it 8× “" 28 U.S.C. § 1608 (e). "This provides foreign sovereigns a special protection akin to that assured the federal government by FED.”
Belkin v. Islamic Repub. of Iran, 667 F. Supp. 2d 8 (D.D.C. 2009). · cites it 8× “In accordance with the relevant provision of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1608 (a), and 22 C.F.R. § 93.”
Flatow v. Islamic Repub. of Iran, 999 F. Supp. 1 (D.D.C. 1999). · cites it 9× “00); and it is further ORDERED that the Clerk of Court cause a copy of this Order and the accompanying Findings of Fact and Conclusions of Law to be translated into Farci and transmitted to the Department of State for diplomatic service upon Defendants pursuant to 28 U.S.C. §…”
Hutira v. Islamic Repub. of Iran, 211 F. Supp. 2d 115 (D.D.C. 2002). · cites it 12× “As a result, the Court entered default against both defendants on December 26, 2001, pursuant to 28 U.S.C. § 1608 (e) and Federal Rule of Civil Procedure 55(a).”
Gates v. Syrian Arab Repub., 580 F. Supp. 2d 53 (D.D.C. 2008). · cites it 7× “The Court proceeded to a default setting as provided by 28 U.S.C. § 1608 (e), which requires a court to enter a default judgment against a non-responding foreign state only where “the claimant establishes his claim or right to relief by evidence satisfactory to the court.”
Show all 869 citing cases →
— 28 U.S.C. § 1608(a) — 7 cases
Thuneibat v. Syrian Arab Repub., 167 F. Supp. 3d 22 (D.D.C. 2016). “” 28 U.S.C. § 1608 (e). “This provides foreign sovereigns a special protection akin to that assured the federal government by Fed.”
Sabbithi v. Al Saleh, 623 F. Supp. 2d 93 (D.D.C. 2009).
Noha v. Darchiev (D.D.C. 2025).
Rezaian v. Islamic Repub. of Iran (D.D.C. 2019).
Przewozman v. Islamic Repub. of Iran (D.D.C. 2022).
— 28 U.S.C. § 1608(a)(3) — 4 cases
Barot v. Embassy of the Repub. of the Zam., 299 F. Supp. 3d 160 (D.C. Cir. 2018).
Barot v. Embassy of the Repub. of Zambia, 264 F. Supp. 3d 280 (D.D.C. 2017).
Mohammad Hilmi Nassif & Partners v. Repub. of Iraq (D.D.C. 2020).
Ballantine v. Dominican Repub. (D.D.C. 2020).
— 28 U.S.C. § 1608(a)(4) — 4 cases
Opati v. Repub. of Sudan, 978 F. Supp. 2d 65 (D.D.C. 2013).
Roth v. Syrian Arab Repub. (D.D.C. 2018).
Tenaris S.A. v. Bolivarian Repub. of Venezuela (D.D.C. 2021).
De Sousa v. Republica Bolivariana de Venezuela (S.D.N.Y. 2025).
— 28 U.S.C. § 1608(b) — 1 case
Sendibel Trading, S.A. v. Petr?leos de Venezuela S.A., 2025 NY Slip Op 07117 (N.Y. App. Div. 2025).
— 28 U.S.C. § 1608(e) — 5 cases
Hutira v. Islamic Repub. of Iran, 211 F. Supp. 2d 115 (D.D.C. 2002). “As a result, the Court entered default against both defendants on December 26, 2001, pursuant to 28 U.S.C. § 1608 (e) and Federal Rule of Civil Procedure 55(a).”
Shoham v. Islamic Repub. of Iran (D.D.C. 2017).
Kinyua v. Repub. of the Sudan (D.D.C. 2020).
Ewan v. Islamic Repub. of Iran (D.D.C. 2020).
Sheikh v. Repub. of the Sudan (D.D.C. 2020).
— 28 U.S.C. § 1608(e)(3) — 1 case
Ben-Yishai v. Syrian Arab Repub. (D.D.C. 2022).
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