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8 Aug 2018

US Department of Justice

US Govt.'s full amicus curiae brief

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The IOIA provides that international organizations “enjoy the same immunity from suit...as is enjoyed by foreign governments.” 22 U.S.C. 288a(b). The text, structure, and history of the Act, as well as Executive Branch practice and related congressional enactments, all confirm that the jurisdictional immunity afforded by the Act is the jurisdictional immunity currently enjoyed by foreign states and as it might be modified over time, not as it existed when the Act was enacted in 1945. The court of appeals’ contrary determination is incorrect, would present practical difficulties for federal courts, and is not justified by the policy concerns that respondents invoke.