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(a) “foreign state” . . . includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state as defined in subsection (b). (b) An “agency or instrumentality of a foreign state” means any entity-(1) which is a separate legal person, corporate or otherwise, and (2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and (3) which is neither a citizen of a State of the United States as defined in section 1332(c) and (e) of this title, nor created under the laws of any third country. 28 U.S.C. § 1603(a), (b).

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C Several plaintiffs read “state,” as used in the FSIA,

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as a term of art meaning “an entity that has a defined

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territory and a permanent population, under the control of

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its own government, and that engages in, or has the capacity

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to engage in, formal relations with other such entities.”

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Restatement (Third) of Foreign Relations Law § 201 (1987).

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This definition necessarily excludes individual government 26

In Re Terrorist Attacks  

United States Court of Appeals for the Second Circuit: In Re Terrorist Attacks

In Re Terrorist Attacks  

United States Court of Appeals for the Second Circuit: In Re Terrorist Attacks

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