Hague service convention international process server








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Free consultation call 1-800-365-6945

Foreign Soverign Immunities Act

The Act prescribes the means of service for suits against a foreign State, state agency or instrumentality of a foreign state. Once we are provided the necessary information:

We prepare all necessary documents and facilitate service through the appropriate authority.

We provide, at no extra cost, an affidavit detailing the service in progress which can support a motion to extend, which is usually necessary.

Service Upon A Foreign Sovereign Entity

The Foreign Sovereign Immunities Act (28 U.S.C. Sec. 1608(a)(1)-(4)) (FSIA) provides for service of process on foreign state defendants in a four-step, hierarchical manner:

pursuant to a special agreement between the plaintiff and the foreign state;
as prescribed in an applicable international agreement (such as the Hague Service Convention and Inter-American Convention on Letters Rogatory);
via mail from the court clerk to the head of the foreign state's Ministry of Foreign Affairs;
via diplomatic channels.

The FSIA clarifies the circumstances in which a foreign state, political subdivision, agency or instrumentality of a foreign state, will be immune from suit and dictates that service of process is effected in compliance with the provisions of the Act as stated within 28 U.S.C. §l608. Service must be performed in a hierarchical manner until the various methods are exhausted. The FSIA provides the exclusive methods for effecting service of process on a foreign state, political subdivision, agency or instrumentality.

Service via Diplomatic Channels: 28 U.S.C. 1608(a)(4) provides for service of a summons and complaint, etc., through diplomatic channels if service could not be made within 30 days by mail in accordance with Section 1608(a)(3). Service cannot be requested under Section 1608(a)(4) if the other methods for service in Section 1608(a) have not been exhausted.

It must be kept in mind that if a country which is a signatory to the Hague Service Convention has declared a formal objection to service by mail, service under Section 1608(a)(3) should not be attempted.