[20190327]LSB10212_高等法院决定向外国政府送达诉讼程序的适当方法.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i High Court to Determine Proper Method to Serve Process on a Foreign Government Updated March 27, 2019 Update: On March 26, the Supreme Court held 8-1 in favor of Sudan, finding that the most natural reading of the statute requires the mailing of service of process directly and expeditiously to the Minister of Foreign Affairs of a foreign country at his ordinary place of business in the foreign state rather than the countrys embassy in the United States. This reading, the Court noted, avoids tension with the Vienna Convention on Diplomatic Relations and the anomalous situation that would arise under the opposing interpretation, which would seemingly make it easier to serve a foreign government than any foreign individual abroad. The Court reversed the judgment below, leaving the plaintiffs to file their complaint anew with proper service of process on Sudan. The original post from October 26, 2018, appears below: In its October 2018 term, the Supreme Court is to hear Republic of Sudan v. Harrison, a case concerning the interpretation of the Foreign Sovereign Immunities Act (FSIA) as it re