FAQ / Q. How do I effect service on a foreign State or political subdivision?

A. The Act provides the following hierarchical steps for effecting service:

Service Pursuant to Special Arrangement: 28 U.S.C. l608(a)(1) provides for service pursuant to special arrangement of the parties. Examples of such arrangements are found in V, G. Delaume, Transnational Contracts, Appendix (ed. l98l).

Service Pursuant to Applicable International Convention: 28 U.S.C. 1608(a)(2) provides for service under applicable international treaty or convention. There are two multilateral treaties on service of process.
(1) The Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters , 20 UST 36l; TIAS 6638; Martindale-Hubbell Law Directory (Law Digest Volume, Selected International Conventions); 28 USCA Appendix, Federal Rules of Civil Procedure, Rule 4;

(2) The Inter-American Convention on Letters Rogatory and Additional Protocol with Annex [regarding service of process], Senate Treaty Doc. 98-27; 98th Congress; 2d Session; 14 Int''l. Leg. Mat. 339 (March 1975).
The Department of State, Office of Overseas Citizens Services has information flyers concerning both these conventions available on our home page on the Internet or via our automated fax service at (202) 647-3000 using the phone on your fax machine. (Documents #1051 (Hague Service) or # 1208 (Inter-American)) or from our home page on the Internet.
"Special note should be made of two means which are currently in use in attempting to commence litigation against a foreign state ... (The) second means, of questionable validity, involves the mailing of a copy of a summons and complaint to a diplomatic mission in a foreign state. 28 U.S.C. Section 1608 precludes this method so as to avoid questions of inconsistency with Section 1 of article 22 of the Vienna Convention on Diplomatic Relations, 23 UST 3227, TIAS 7502 (1972), which entered into force in the United States on December 13, 1972. Service on an embassy by mail would be precluded under this bill. See 71 Department of State Bulletin 458-59 (1974)."

Proviso: Formal Objection of Foreign State to Service by Mail Upon Accession to the Hague Service Convention: If a foreign state which is a party to the Hague Service Convention formally objected to service by mail when it acceded to the Convention, service under Section 1608(a)(3) should not be attempted, and the plaintiff should proceed to service under Section 1608(a)(4), citing in the cover letter to the Department of State, Office of Overseas Citizens Services the foreign state''s objection to service by mail as noted in its accession to the Hague Service Convention.

To determine which foreign state has objected to service under Article 10(a) of the Hague Service Convention via postal channels, see our information on the Hague Service Convention and the Hague Conference on Private International Law web site .

Service via Diplomatic Channels: 28 U.S.C. 1608(a)(4) provides for service of a summons, complaint and notice of suit by way of the diplomatic channel if service could not be made by mail in accordance with Section 1608(a)(3) within 30 days. The Department of State will not accept a request for service under Section 1608(a)(4) if the other methods for service in Section 1608(a) have not been exhausted, if the documents are incomplete, or if requisite translations are not provided. The summons, complaint and notice of suit must be submitted to the Office of Policy Review & Interagency Liaison, Overseas Citizens Services, 2100 Pennsylvania Ave., NW 4FL, Washington, DC 20520 in duplicate. Requesting courts or plaintiff''s counsel should establish in writing to the Department that service has been attempted pursuant to l608(a)(l), (2) and (3). Notification of such attempted service in the form of a letter to the Director, Office of Policy Review and Interagency Liaison will suffice. If service is attempted pursuant to Section 1608(a)(2), by applicable international convention, and service is denied by a foreign central authority for the convention, a copy of the denial should be furnished. As explained above, if service under Section 1608(a)(3) is inapplicable due to the foreign state''s formal objection upon accession to the Hague Service Convention, this fact should also be noted.

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