Embassy Construction Under Commercial Exception
On March 25, 2024, the United States Court of Appeals analyzed the immunity claimed by an embassy for damages from construction that are alleged to cause harm to the embassy's neighbor. The court below had held that two exceptions in the Foreign Sovereign Immunities Act govern, namely the commercial exception and the tortious activity exception. In the matter Harvey v. Permanent Mission of the Republic of Sierra Leone, the appellate court agreed and provided a detailed analysis, holding hat the commercial activity exception applies because the Harveys' claims are based upon the Mission's allegedly faulty contractual renovations, and renovating a building is something that a private party can, and often does, do.. -- Clemens Kochinke, of counsel, Berliner Corcoran & Rowe LLP, Washington, DC.
Tue, / Embassy Law Link