Compliance with FSIA Guid elines for Service of Process

• Author: Ernesto Sanchez
• Pages: 273-280

273

COM P LI A N C E W I T H FSI A GUIDELIN ES FO R

SER V IC E O F PR OCES S

§ 24.1 INTRODUCTION

Complying with FSIA service of process requirements is simply a matter of following very

straightforward rules the statute sets forth. One set of rules governs service on foreign states and

their political subdivisions, while a more permissive set of rules applies to agencies or instru-

mentalities thereof. Some courts, however, have exercised personal jurisdiction in cases of “sub-

stantial compliance” with these guidelines, implying that a plainti ’s service did not entirely

satisfy the appropriate requirements.

§ 24.2 PERTINENT STATUTORY TEXT

28 U.S.C.§ 1608(a) governs service of process on foreign states and their political subdivisions,

stating:

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 plainti and the foreign state or politi-

cal 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 [i.e., a notice addressed to a foreign

state and in a form prescribed by the Secretary of State by regulation], together with

a translation of each into the ocial 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 aairs 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 trans-

lation of each into the ocial 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

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