Page:Türkiye Halk Bankasi A.Ş. v. United States.pdf/10

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Cite as: 598 U. S. ____ (2023)
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Opinion of the Court

foreign state for purposes of the FSIA. Brief for United States 28; see also 16 F. 4th, at 342, n. 8.)

Since the FSIA’s enactment, this Court has repeatedly stated that the statute applies in “civil” actions. See, e.g., Cassirer v. Thyssen-Bornemisza Collection Foundation, 596 U. S. ___, ___ (2022) (slip op., at 5); Republic of Argentina v. NML Capital, Ltd., 573 U. S. 134, 141 (2014); Altmann, 541 U. S., at 691; Verlinden, 461 U. S., at 488. Although the Court has not expressly held that the FSIA covers only civil matters, the Court has never applied the Act’s immunity provisions in a criminal case.

We now hold that the FSIA does not grant immunity to foreign states or their instrumentalities in criminal proceedings. Through the FSIA, Congress enacted a comprehensive scheme governing claims of immunity in civil actions against foreign states and their instrumentalities. That scheme does not cover criminal cases.

1

To begin with, the text of the FSIA indicates that the statute exclusively addresses civil suits against foreign states and their instrumentalities. The first provision of the FSIA grants district courts original jurisdiction over “any nonjury civil action against a foreign state” as to “any claim for relief in personam with respect to which the foreign state is not entitled to immunity.” 28 U. S. C. §1330(a) (emphasis added); 90 Stat. 2891.

The FSIA then sets forth a carefully calibrated scheme that relates only to civil cases. For instance, the sole FSIA venue provision exclusively addresses venue in a “civil action” against a foreign state. §1391(f). The Act similarly provides for removal to federal court of a “civil action” brought in state court. §1441(d). The Act prescribes detailed rules—including those governing service of “the summons and complaint,” §1608(a)(1), along with “an