Sunday, April 9, 2023

FORMER DEPARTMENT OF STATE OFFICIAL FILES AMICUS BRIEF IN HALKBANK SCT CASE

Mark Feldman, a former US State Department official who was originally involved in the creation of the Foreign Sovereign Immunities Act (FSIA), and a University Professor in California, Chimene Keitner, have filed an Amicus Curiae (Friend of the Court) brief before the US Supreme Court in the Halkbank case. The brief supports the Government position.

Here are the issues presented in the brief:

  1. International law, in the form of Federal Common law, does not exempt foreign state-owned enterprises from criminal jurisdiction.
  2. The FSIA does not deprive the Federal Courts of criminal jurisdiction over foreign state-owned enterprises.
  3. The FSIA was enacted to address problems arising from civil litigation.

The case is one of great public interest, and we are closely following all developments; stay tuned.

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