Attorney Mark B. Feldman, the former Deputy Legal Adviser to the Department of State, together with two other attorneys, including a law professor from the University of California, has filed an Amicus Curae brief in the Halkbank US Supreme Court case, and we below list the issued they have presented for the Court, in an effort to present all sides of the case.
1. International Law in the Form of Federal Common Law Does Not Exempt Foreign State-Owned Enterprises from Criminal Jurisdiction.
2. A Company Is Not a Sovereign.
3. There Is No Rule of International Law or Federal Common Law Barring Criminal Proceedings Against State Owned Enterprises.
4. Jurisdictional Immunities Operate as Defenses to Jurisdiction, Not Ex Ante Carve-Outs.
5. The FSIA Does Not Deprive the Federal Courts of Criminal Jurisdiction Over Foreign State-Owned Enterprises. .
6. The FSIA Was Enacted to Address Problems Arising from Civil Litigation. .
7. The Drafters of the FSIA Did Not Intend to Modify Title 18.
8.. Halkbank Is Not a Sovereign for Any Purpose.
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