Diplomatic Immunity Claim in DC-Denver Flight Incident
The ABA Journal lists as news the claim for diplomatic immunity by Mohammed al-Madadi, said to be a midlevel diplomat from Qatar, who reportedly will not face criminal charges for an alleged joke about lighting his shoes and a claim that he may have wanted to smoke in the rest room of an airplance on April 7, 2010 on a flight from Washington to Denver.
The embassy of Qatar released a statement from ambassador Ali Bin Fahad Al-Hajri on its website. He explains that the travel was for official embassy business and suggests mitakes rather than security issues. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Wed, / Embassy Law Link
Foreign State not Immune if Actions Affect U.S.
A United States court may exercize subject-matter jurisdiction over a foreign state under the Foreign Sovereign Immunities Act if the foreign government, or its agents and instrumentalities, cause a direct effect in the United States, 28 USC §1602(a)(2).
The United States Court of Appeals for the District of Columbia applied this rule to a situation involving the Royal Canadian Mounted Police which had entered into, and later allegedly broken, a contract with a U.S. corporation.
The effects allegedly felt by the corporation occurred in the United States and qualified under the FSIA, the court held on April 6, 2010 in the matter Cruise Connections Charter Management 1, LP et al. v. Attorney General of Canada et al., docket number 09-7060. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Wed, / Embassy Law Link