28 U.S.C. § 1607
Section 1607 · Counterclaims
This is § 4 of the Foreign Sovereign Immunities Act of 1976
Amended 2 times on record
Applied in 45 court decisions — leading case Republic of Philippines (1994)
Most recently applied in Broidy Capital Management LLC v. Nicolas Muzin (March 2023)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—
(a) for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or
(b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or
(c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2008—Subsec. (a). Pub. L. 110–181 inserted “or 1605A” after “section 1605”.
Effective Date of 2008 Amendment
For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of this title.