The Foreign Sovereign Immunities Act, 28 U.S.C. §1602 et seq. (FSIA), is silent on the issue of criminal immunity for foreign sovereigns. The Tenth and Sixth Circuits disagree on the meaning of this silence: The U.S. Court of Appeals for the Tenth Circuit holds that the FSIA does not provide criminal immunity for foreign sovereigns, and the U.S. Court of Appeals for the Sixth Circuit holds that it does.
Originally published by New York Law Journal.
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