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

28 U.S.C. § 1611

Certain types of property immune from execution

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(a) Notwithstanding the provisions of section 1610 of this chapter, the property of those organizations designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act shall not be subject to attachment or any other judicial process impeding the disbursement of funds to, or on the order of, a foreign state as the result of an action brought in the courts of the United States or of the States.(b) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution, if—(1) the property is that of a foreign central bank or monetary authority held for its own account, unless such bank or authority, or its parent foreign government, has explicitly waived its immunity from attachment in aid of execution, or from execution, notwithstanding any withdrawal of the waiver which the bank, authority or government may purport to effect except in accordance with the terms of the waiver; or(2) the property is, or is intended to be, used in connection with a military activity and(A) is of a military character, or(B) is under the control of a military authority or defense agency.(c) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution in an action brought under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to the extent that the property is a facility or installation used by an accredited diplomatic mission for official purposes.(Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2897; amended Pub. L. 104–114, title III, § 302(e), Mar. 12, 1996, 110 Stat. 818.)Editorial NotesReferences in Text

The International Organizations Immunities Act, referred to in subsec. (a), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables.

Section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, referred to in subsec. (c), is section 302 of Pub. L. 104–114, which amended this section and enacted section 6082 of Title 22, Foreign Relations and Intercourse.

Amendments

1996—Subsec. (c). Pub. L. 104–114 added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–114 effective Aug. 1, 1996, or date determined pursuant to suspension authority of President under section 6085(b) or (c) of Title 22, Foreign Relations and Intercourse, see section 6085 of Title 22.

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.

Notes of Decisions
Cited in 45 cases (6 in the last 5 years), 1974–2025 · leading case: NML Capital, Ltd. v. Banco Cent. De La República Argentina, 652 F.3d 172 (2d Cir. 2011).
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NML Capital, Ltd. v. Banco Cent. De La República Argentina, 652 F.3d 172 (2d Cir. 2011). · cites it 10× “” In order to decide whether the FRBNY funds are immune from attachment or execution, we must first decide two questions of first impression in this Circuit: (1) does the exercise of sovereign immunity for “property .”
EM Ltd. v. Repub. of Argentina, 473 F.3d 463 (2d Cir. 2007). · cites it 10× “” Third, the District Court concluded that another provision of the FSIA, 28 U.S.C. § 1611 (b)(1), provided a separate and independent basis for vacating the attachments and restraining orders.”
Weston Compagnie De Fin. Et D'Investissement, S.A. v. La Republica Del Ecuador, 823 F. Supp. 1106 (S.D.N.Y. 1993). · cites it 13× “It relies, rather, on 28 U.S.C. § 1611 . 28 U.S.C. § 1611 sets out certain exceptions to § 1610.”
Bank Markazi v. Peterson, 136 S. Ct. 1310 (2016). “federal or state law impediments that might otherwise exist' " to bar respondents from obtaining Bank Markazi's assets.”
Olympic Chartering Sa v. Ministry of Ind. & Trade of Jordan, 134 F. Supp. 2d 528 (S.D.N.Y. 2001). · cites it 4× “Immunity from Attachment 28 U.S.C. § 1611 (b)(1) states that the property of a foreign central bank or monetary authority is immune from attach *534 ment and execution provided that it is “held for its own account.”
Ministry of Def. & Support for the Armed Forces of the Islamic Repub. of Iran v. Cubic Def. Sys., Inc., 236 F. Supp. 2d 1140 (S.D. Cal. 2002). · cites it 4× “(C) Whether the MOD’S judgment is Exempt from Attachment as “Property of Military Character” Pursuant to Section 1611(b)(2) of the FSIA The MOD argues that its judgment is immune from attachment because it is *1149 “property of military character” pursuant to Section 1611 of the…”
Thai Lao Lignite (Thailand) Co. v. Gov't of the Lao People's Democratic Repub., 924 F. Supp. 2d 508 (S.D.N.Y. 2013). “” 28 U.S.C. § 1611 (b)(1). This immunity protects central bank property regardless of the bank’s independence from the sovereign state.”
Janet E. Atkinson v. The Inter-Am. Dev. Bank, 156 F.3d 1335 (D.C. Cir. 1998). · cites it 2× “28 U.S.C. § 1611 provides: *1342 Notwithstanding the provisions of section 1610 of this chapter, the property of those organizations designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the [IOIA] shall not be subject to…”
Exxon Mobil Corp. v. Corporacion CIMEX, S.A. (Cuba), 111 F.4th 12 (D.C. Cir. 2024). · cites it 4× “785 , 818 (codified at 28 U.S.C. § 1611 (c)). Title III contains no such language referencing—much less departing from—the FSIA’s prescription that “a foreign state shall be immune from the jurisdiction of the courts .”
Weininger v. Castro, 462 F. Supp. 2d 457 (S.D.N.Y. 2006). “28 U.S.C. § 1611 (b). TRIA § 201(a) is appended to § 1610, which provides the sole bases for exceptions to immunity from execution of property.”
Aurelius Capital Partners, LP v. THE Repub. OF ARGENTINA, 584 F.3d 120 (2d Cir. 2009). “See 28 U.S.C. § 1611 . We therefore focus on section 1610(a), which authorizes execution against property of a foreign state located in the United States only if the property is “used for a commercial activity in the United States,” even if the foreign sovereign has waived its…”
Butler v. Sukhoi Co., 579 F.3d 1307 (11th Cir. 2009). “§§ 1608 (e) and 1330(a), respectively; (2) the complaint actually alleged a basis for absolute immunity under 28 U.S.C. § 1611 (b)(2) by stating that appellants' bank accounts were used to facilitate international civil and military aircraft transactions; (3) the court lacked…”
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