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Understanding Agency or Instrumentality of a Foreign State in Law
Definition & Meaning
An "agency or instrumentality of a foreign state" refers to an entity that meets specific legal criteria. These entities are typically separate legal persons, which can be corporations or other forms of organizations. They must be affiliated with a foreign state or its political subdivisions, either by being an organ of that state or by having a majority of their ownership held by the state. Importantly, these entities cannot be considered citizens of the United States or created under the laws of another country.
Table of content
Legal Use & context
This term is primarily used in the context of international law and civil litigation. It is relevant in cases involving sovereign immunity, where a foreign state or its agencies may claim immunity from lawsuits in U.S. courts. Understanding this term is crucial for legal practitioners dealing with international business transactions, diplomatic relations, and disputes involving foreign entities. Users may find templates and forms related to these legal situations on platforms like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A state-owned oil company from a foreign country that operates in the U.S. and is primarily owned by that foreign government qualifies as an agency or instrumentality of a foreign state.
Example 2: A foreign university that receives most of its funding from its home country's government may also be considered under this definition. (hypothetical example)
Relevant laws & statutes
Key legislation includes:
28 U.S.C. § 1603 - Definitions related to jurisdictional immunities of foreign states.
28 U.S.C. § 1332(c) and (e) - Definitions of citizenship for diversity jurisdiction.
Comparison with related terms
Term
Definition
Key Differences
Sovereign immunity
Legal doctrine that a state cannot be sued without its consent.
Agencies or instrumentalities may claim immunity based on their foreign state ownership.
Foreign state
A political entity recognized by other nations.
An agency or instrumentality is a specific entity under the foreign state, often with distinct legal rights.
Common misunderstandings
What to do if this term applies to you
If you believe you are dealing with an agency or instrumentality of a foreign state, it is important to understand your legal rights and obligations. Consider consulting with a legal professional who specializes in international law. You may also explore US Legal Forms for templates and forms that can assist you in managing related legal matters.
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