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Extracted Text (OCR)
Cite as: 586 U.S. (2019) 3
Opinion of the Court
and every form of judicial process as is enjoyed by foreign
governments.” §288a(b).
The IOIA authorizes the President to withhold, with-
draw, condition, or limit the privileges and immunities it
grants in light of the functions performed by any given
international organization. §288. Those privileges and
immunities can also be expanded or restricted by a partic-
ular organization’s founding charter.
B
When the IOIA was enacted in 1945, courts looked to
the views of the Department of State in deciding whether
a given foreign government should be granted immunity
from a particular suit. If the Department submitted a
recommendation on immunity, courts deferred to the
recommendation. If the Department did not make a rec-
ommendation, courts decided for themselves whether to
grant immunity, although they did so by reference to State
Department policy. Samantar v. Yousuf, 560 U.S. 305,
311-3812 (2010).
Until 1952, the State Department adhered to the classi-
cal theory of foreign sovereign immunity. According to
that theory, foreign governments are entitled to “virtually
absolute” immunity as a matter of international grace and
comity. At the time the IOIA was enacted, therefore, the
Department ordinarily requested, and courts ordinarily
granted, immunity in suits against foreign governments.
Ibid.; Verlinden B. V. v. Central Bank of Nigeria, 461 U.S.
480, 486 (1988).1
In 1952, however, the State Department announced that
it would adopt the newer “restrictive” theory of foreign
1The immunity was “virtually” absolute because it was subject to
occasional exceptions for specific situations. In Republic of Mexico v.
Hoffman, 324 U.S. 30 (1945), for example, the State Department
declined to recommend, and the Court did not grant, immunity from
suit with respect to a ship that Mexico owned but did not possess.
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