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


A. The Foreign Sovereign Immunities Act makes no provision for service of process through diplomatic channels where there are no diplomatic relations between the United States and the foreign state. In practice, service has been accomplished where a protecting power arrangement exists, unless the protecting power was restricted to emergency consular protection services. See 22 C.F.R. 93.1(3). Consult the Department of State Office of Policy Review & Interagency Liaison, Overseas Citizens Services for guidance in such cases. See Restatement (Third) of the Law of the Foreign Relations of the United States, Sec. 457, p. 426, 427 (1986). See also, Digest of United States Practice in International Law 1980, Office of the Legal Adviser, U.S. Department of State, 552, 554 (1986); George, A Practical and Theoretical Analysis of Service of Process under the Foreign Sovereign Immunities Act, 19 Int'l Law. 70, 77 (1985); and Ascencio & Dry, An Assessment of the Service Provisions of the Foreign Sovereign Immunities Act of l976, 8 University of Notre Dame Journal of Legislation, 244, 246 (l98l).

 




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