S.Amdt. 3903

SA 3903, submitted by Mr. Cornyn and Mr. Padilla, aims to add a new section (Section 1660) to title 28 of the United States Code. The purpose of this amendment is to limit certain civil actions in Federal or State courts.

Specifically, it seeks to stop people (unless they are the United States or someone acting for the United States) from bringing civil actions to enforce foreign judgments or foreign arbitral awards in two cases:

• When the claim resulted from actions taken to comply with United States sanctions that stopped a contract from being performed.

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

The amendment also allows defendants to remove these actions to a United States district court for dismissal.

It does not limit the authority of the President or other U.S. officials to bring actions, nor does it limit the rights of victims of international terrorism, torture, extrajudicial killing, aircraft sabotage, or hostage taking (and their families) under applicable law. It also maintains certain contractual rights and other legal remedies available under State or Federal law, provided they are not actions to enforce the foreign judgments or awards described above.