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Extracted Text (OCR)
Cite as: 586 U.S. (2019) 11
Opinion of the Court
ments” did not mean “virtually absolute immunity.” The
phrase is not a term of art with substantive content, such
as “fraud” or “forgery.” See id., at 22; Gilbert v. United
States, 370 U.S. 650, 655 (1962). It is rather a concept
that can be given scope and content only by reference to
the rules governing foreign sovereign immunity. It is true
that under the rules applicable in 1945, the extent of im-
munity from suit was virtually absolute, while under the
rules applicable today, it is more limited. But in 1945, as
today, the IOIA’s instruction to grant international organ-
izations the immunity “enjoyed by foreign governments” is
an instruction to look up the applicable rules of foreign
sovereign immunity, wherever those rules may be found—
the common law, the law of nations, or a statute. In other
words, it is a general reference to an external body of
(potentially evolving) law.
C
In ruling for the IFC, the D. C. Circuit relied upon its
prior decision in Atkinson, 156 F. 38d 1835. Atkinson
acknowledged the reference canon, but concluded that the
canon’s probative force was “outweighed” by a structural
inference the court derived from the larger context of the
IOIA. Id., at 1841. The Atkinson court focused on the
provision of the IOIA that. gives the President the author-
ity to withhold, withdraw, condition, or limit the otherwise
applicable privileges and immunities of an international
organization, “in the light of the functions performed by
any such international organization.” 22 U.S.C. §288.
The court understood that provision to “delegate to the
President the responsibility for updating the immunities
of international organizations in the face of changing
circumstances.” Atkinson, 156 F. 3d, at 1341. That dele-
gation, the court reasoned, “undermine[d]” the view that
Congress intended the IOIA to in effect update itself by
incorporating changes in the law governing foreign sover-
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