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IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001 769 Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005) where parties agreed that Saudi Arabia had not been designated state sponsor of terrorism. 18 U.S.C.A. § 2331 et seq.; 28 U.S.C.A. § 1605(a)(7)(A). 19. International Law <=10.33 Generally, acts are “discretionary,” for purposes of the discretionary function ex- ception to the torts exception of the For- eign Sovereign Immunities Act (FSIA), if the acts are performed at the planning level of government, as opposed to the operational level. 28 U.S.C.A. § 1605(a)(5). See publication Words and Phras- es for other judicial constructions and definitions. 20. International Law <10.33 To fit within the torts exception of the Foreign Sovereign Immunities Act (FSIA), plaintiffs must come forward with evidence demonstrating that the defendants’ tor- tious acts or omissions caused the plain- tiffs’ injuries. 28 U.S.C.A. § 1605(a)(). 21. International Law ¢=10.33 To extent that Saudi Arabian Princes’ alleged donations to charities that sup- ported terrorist organizations were made in Princes’ personal capacities, Antiterror- ism Act (ATA) claims arising from such alleged donations, asserted by survivors of victims of September 11, 2001 attacks, were not subject to protection of torts exception of Foreign Sovereign Immuni- ties Act (FSIA). 18 U.S.C.A. § 2331 et seq.; 28 U.S.C.A. § 1605(a)(6). 22. Conspiracy 1.1 Torts 21 In New York, conspiracy and aiding and abetting are varieties of concerted ac- tion liability, for which there must be: (1) an express or tacit agreement to partici- pate in a common plan or design to commit a tortious act; (2) tortious conduct by each defendant; and (8) the commission by one of the defendants, in pursuance of the agreement, of an act that constitutes a tort. 23. Conspiracy ¢=2 Under New York law, liability for con- spiracy requires an agreement to commit a tortious act. 24. Torts 21 Under New York law, aiding and abetting liability requires that the defen- dant have given substantial assistance or encouragement to the primary wrongdoer. 25. International Law <-10.43 Antiterrorism Act (ATA) complaint by survivors of victims of September 11, 2001 attacks, alleging that Saudi Princes con- tributed to charities that supported al Qaeda, and that al Qaeda repeatedly and publicly targeted United States, failed to allege causal connection sufficient to satis- fy New York standard for concerted action liability, for purposes of torts exception of Foreign Sovereign Immunities Act (FSIA), absent allegations from which it could be inferred that Princes knew chari- ties were fronts for al Qaeda. 18 U.S.C.A. § 2381 et seq.; 28 U.S.C.A. § 1605(a)(5). 26. International Law <-10.43 To allege a causal connection suffi- cient to invoke the torts exception of the Foreign Sovereign Immunities Act (FSIA), in connection with a defendant’s contribu- tions to organizations that are not them- selves designated terrorists, there must be some facts presented to support the allega- tion that the defendant knew the receiving organization to be a solicitor, collector, supporter, front or launderer for such an entity; there must be some facts to support an inference that the defendant knowingly provided assistance or encouragement to the wrongdoer. 28 U.S.C.A. § 1605(a)(6). HOUSE_OVERSIGHT_017834