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1 1 (March 27, 2019)

handle is hein.crs/govyjm0001 and id is 1 raw text is: High Court to Determine Proper Method to Serve Process on a Foreign Government Updated March 27, 2019 Update: On March 26, the Supreme Court held 8-1 in favor ofSudan, finding that the most natural reading of the statute requires the mailing ofservice ofprocess directly and expeditiously to the Minister of Foreign Affairs of a foreign country at his ordinary place of business in the foreign state rather than the country 's embassy in the United States. This reading, the Court noted, avoids tension with the Vienna Convention on Diplomatic Relations and the anomalous situation that would arise under the opposing interpretation, which would seemingly make it easier to serve a foreign government than any foreign individual abroad. The Court reversed the judgment below, leaving the plaintiffs to file their complaint anew with proper service ofprocess on Sudan. The original post from October 26, 2018, appears below: In its October 2018 term, the Supreme Court is to hear Republic of Sudan v. Harrison, a case concerning the interpretation of the Foreign Sovereign Immunities Act (FSIA) as it relates to the permissible methods of serving process on a foreign government in order to gain jurisdiction to pursue a civil lawsuit. Specifically, Sudan urges the Court to toss out a $315 million default judgment against it for its support to terrorists responsible for the U.S.S. Cole bombing in Yemen in October 2000. Sudan claims it was improperly notified of the lawsuit because the plaintiffs addressed the complaint to its foreign minister via its embassy in the United States. The judgment creditors urge the Court to uphold that particular means of serving process as compatible with the relevant provision of the FSIA. The FSIA provides four hierarchical methods to serve process on a foreign government: (1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the foreign state or political subdivision; or (2) if no special arrangement exists, by delivery of a copy of the summons and complaint in accordance with an applicable international convention on service of judicial documents; or (3) if service cannot be made under paragraphs (1) or (2), by sending a copy of the summons and complaint and a notice of suit... by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned; or Congressional Research Service https://crsreports.congress.gov LSB10212 CRS Legal Sidebar Prepared for Members and Committees of Congress

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