Alejandre v. Republic of Cuba case brief, 996 F Supp 1239 (1997)

Alejandre v. Republic of Cuba, 996 F Supp 1239 (S.D. Fla. 1997)

-       defendant is the Cuban government and air force.
-       the US has jurisdiction under the FSIA because the terrorist exception to the FSIA applies – Cuba is on the list of state sponsor of terror.

FSIA and property of foreign sovereigns (she won’t test on this)
-       the default rule is that property is immune, unless there is an exception to immunity.
-       Statutes:

• 28 USC 1609: the property in the US of a foreign state is immune from attachment arrest and execution except as provided in sections1610 and 1611.
• 28 USC 1610: exceptions to immunity from attachment or execution.
• 28 USC 1611: certain types of property immune from execution.

-       FSIA in effect reversed the approach that the US previously took to the immunity of foreign sovereign’s property from attachment.

• previously, it had been possible to attach the property of the foreign sovereign in order to gain jurisdiction over a foreign sovereign, but the property could not be attached to execute a judgment.
• Under the FSIA – you can’t get jurisdiction over foreign sovereigns by attaching their property, but once you have a judgment against a foreign sovereign you can attach their property to execute the judgment.