Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶100
What is more, Congress specifically considered amending the FSIA to abrogate jurisdictional immunity—and elected not to. The original version of the Helms-Burton Act would have amended the FSIA to except all actions brought under the Act “with respect to confiscated property.” H. R. 927, 104th Cong., 1st Sess., §302(c) (1995); S. 381, 104th Cong., 1st Sess., §302(c) (1995). But the Department of Justice objected that the proposed FSIA amendment would “represent[] a potentially sweeping extension of U. S. court jurisdiction over foreign sovereigns or their agencies and instrumentalities,” not in keeping with “international practice.” App. to Brief for Corporación CIMEX 7a. So Congress reconsidered, and enacted Helms-Burton without that FSIA amendment. In short, Congress knew the FSIA grants jurisdictional immunity (with certain exceptions) to foreign instrumentalities; debated whether to…Read in context ›
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