§ 1704. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN.
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Immunity.— In general .— Subject to section 1706, and notwithstanding any other provision of law, upon submission of a certification described in paragraph (2)— Sudan, an agency or instrumentality of Sudan, and the property of Sudan or an agency or instrumentality of Sudan, shall not be subject to the exceptions to immunity from jurisdiction, liens, attachment, and execution under section 1605(a)(7) (as such section was in effect on January 27, 2008 ) or section 1605A or 1610 (insofar as section 1610 relates to a judgment under such section 1605(a)(7) or 1605A) of title 28, United States Code; section 1605A(c) of title 28 , United States Code, section 1083(c) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 28 U.S.C. 1605A note), section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 ( Public Law 104–208 ; 28 U.S.C. 1605 note), and any other private right of action relating to acts by a state sponsor of terrorism arising under Federal, State, or foreign law shall not apply with respect to claims against Sudan, or any of its agencies, instrumentalities, officials, employees, or agents in any action in a Federal or State court; and any attachment, decree, lien, execution, garnishment, or other judicial process brought against property of Sudan, or property of any agency, instrumentality, official, employee, or agent of Sudan, in connection with an action that is precluded by subparagraph
(A)or
(B)shall be void. Certification .— A certification described in this paragraph is a certification by the Secretary to the appropriate congressional committees stating that— the August 12, 1993 , designation of Sudan as a state sponsor of terrorism has been formally rescinded; Sudan has made final payments with respect to the private settlement of the claims of victims of the U.S.S. Cole attack; and the United States Government has received funds pursuant to the claims agreement that are sufficient to ensure— payment of the agreed private settlement amount for the death of a citizen of the United States who was an employee of the United States Agency for International Development in Sudan on January 1, 2008 ; meaningful compensation for claims of citizens of the United States (other than individuals described in section 1707(a)(1)) for wrongful death or physical injury in cases arising out of the August 7, 1998 , bombings of the United States embassies located in Nairobi, Kenya, and Dar es Salaam, Tanzania; and funds for compensation through a fair process to address compensation for terrorism-related claims of foreign nationals for wrongful death or physical injury arising out of the events referred to in clause (ii). Scope .— Subject to section 1706, subsection
(a)of this section shall apply to all conduct and any event occurring before the date of the certification described in subsection (a)(2), regardless of whether, or the extent to which, application of that subsection affects any action filed before, on, or after that date. Authority of the Secretary .— The certification by the Secretary referred to in subsection (a)(2) may not be delegated and may not be subject to judicial review.
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- Pub. L. 110-181
- 28 USC 1605A
- Pub. L. 104-208
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§ 1704
RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN.
Pub. L.Pub. L. 110-181
Cite28 USC 1605A
Pub. L.Pub. L. 104-208
Cites 4Cited by 0 across 0 sources