[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR93.2]

[Page 402]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 93_SERVICE ON FOREIGN STATE--Table of Contents
 
Sec. 93.2  Notice of suit (or of default judgment).

    (a) A Notice of Suit prescribed in section 1608(a) of title 28, 
United States Code, shall be prepared in the form that appears in the 
Annex to this section.
    (b) In preparing a Notice of Suit, a party shall in every instance 
supply the information specified in items 1 through 5 of the form 
appearing in the Annex to this section. A party shall also supply 
information specified in item 6, if notice of a default judgment is 
being served.
    (c) In supplying the information specified in item 5, a party shall 
in simplified language summarize the nature and purpose of the 
proceeding (including principal allegations and claimed bases of 
liability), the reasons why the foreign state or political subdivision 
has been named as a party in the proceeding, and the nature and amount 
of relief sought. The purpose of item 5 is to enable foreign officials 
unfamiliar with American legal documents to ascertain the above 
information.
    (d) A party may attach additional pages to the Notice of Suit to 
complete information under any item.
    (e) A party shall attach, as part of the Notice of Suit, a copy of 
the Foreign State Immunities Act of 1976 (Pub. L. 94-583; 90 Stat. 
2891).

                                  Annex

               Notice of Suit (or of Default Judgment \1\)
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    \1\ Relevant only if items 4 and 6 indicate that a default judgment 
has occurred.
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    1. Title of legal proceeding; full name of court; case or docket 
number.
    2. Name of foreign state (or political subdivision) concerned:
    3. Identity of the other Parties:

                           Judicial Documents

    4. Nature of documents served (e.g., Summons and Complaint; Default 
Judgment):
    5. Nature and purpose of the proceedings; why the foreign state (or 
political subdivision) has been named; relief requested:
    6. Date of default judgment (if any):
    7. A response to a ``Summons'' and ``Complaint'' is required to be 
submitted to the court, not later than 60 days after these documents are 
received. The response may present jurisdictional defenses (including 
defenses relating to state immunity).
    8. The failure to submit a timely response with the court can result 
in a Default Judgment and a request for execution to satisfy the 
judgment. If a default judgment has been entered, a procedure may be 
available to vacate or open that judgment.
    9. Questions relating to state immunities and to the jurisdiction of 
United States courts over foreign states are governed by the Foreign 
Sovereign Immunities Act of 1976, which appears in sections 1330, 
1391(f), 1441(d), and 1602 through 1611, of Title 28, United States Code 
(Pub. L. 94-583; 90 Stat. 2891).

(Sec. 1608(a), Foreign Sovereign Immunities Act of 1976, Pub. L. 94-583 
(28 U.S.C. 1608(a)); sec. 4, 63 Stat. 111, as amended (22 U.S.C. 2658))

[42 FR 6367, Feb. 2, 1977]

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