S.Amdt. 3365

SA 3365, submitted by Mr. CORNYN, aims to add a new section to the law titled "Limitation on civil actions affected by United States sanctions." This amendment seeks to change the law by restricting the ability of certain people to use Federal courts to enforce foreign judgments in specific situations.

Purpose and Changes

The amendment aims to stop any person (except the United States or someone acting for it) from bringing a civil action in Federal court to enforce a foreign judgment if:

• The claim came from actions taken to comply with United States sanctions that stopped a contract from being performed.

• The court that issued the judgment claimed jurisdiction based on United States sanctions, export controls, or foreign laws created in response to those sanctions or controls.

Exceptions

The amendment does not limit the following:

• The authority of the President, their delegates (such as the Office of Foreign Assets Control), or other United States officials to bring actions or exercise responsibilities under law.

• Rights or remedies for victims of international terrorism, torture, extrajudicial killing, aircraft sabotage, or hostage taking (or their family members), provided the victim was a United States national, member of the Armed Forces, Government employee, or a Government contractor acting within their employment.

• Contractual rights where parties agreed to use arbitration or litigation in a United States State or Federal court, as long as it is not an action to enforce the foreign judgments described above.

• Other rights or remedies under State or Federal law resulting from United States sanctions or export controls, as long as it is not an action to enforce the foreign judgments described above.