Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶66

Moreover, it is not as if Congress, when enacting the Helms-Burton Act, somehow forgot that the FSIA and §1330 existed. The next provision of the Helms-Burton Act, 22 U. S. C. §6082(c)(2), borrows the FSIA’s rules as to the method of serving process “on an agency or instrumentality of a foreign state.” See also §§6023(1), (3) (borrowing definitions from the FSIA). Those service-of-process rules define when a court may exercise personal jurisdiction over a foreign agency or instrumentality. See 28 U. S. C. §1330(b). Congress’s selective and explicit incorporation of the FSIA’s service-of-process provisions into the Helms- Burton Act reinforces the conclusion that the FSIA does not generally apply to the Act. If the FSIA did apply, there would have been no need for the service-of-process provision in 22 U. S. C. §6082(c)(2). See 111 F. 4th, at 41 (Randolph, J., dissenting).

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