Samantar v. Yousef : The Foreign Sovereign Immunities Act and Foreign Officials

Author / Creator

Library of Congress. Congressional Research Service

Available as

Online

Summary

Provides overview of the Foreign Sovereign Immunities Act (FSIA), which governs immunity of foreign states in U.S. courts. Examines Samantar v. Yousef, in which Supreme Court ruled that FSIA does n...

Provides overview of the Foreign Sovereign Immunities Act (FSIA), which governs immunity of foreign states in U.S. courts. Examines Samantar v. Yousef, in which Supreme Court ruled that FSIA does not apply in suits against foreign officials, unless the foreign state in question is the real party in interest in the case. Considers options for foreign officials who seek immunity from lawsuits, and related questions that may emerge from each option. Addresses relevant legislation affecting immunity of foreign officials, including S. 2930, the Justice Against Sponsors of Terrorism Act, to amend tort exception to FSIA explicitly to support expanded jurisdiction over foreign states and their officials for actions taken to facilitate terrorist acts.

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