For background, Chimène Keitner has a great recap of #Halkbank from January, when oral arguments were held.
This case basically has everything. State majority ownership of an entity to try to manipulate what laws will apply? Check. Blatant evasion of a US sanctions program? Check. Jurisdiction questions? Check. Worries about the relevance of international law? Check. And the list goes on.
https://tlblog.org/expert-recap-and-analysis-of-halkbank-oral-argument-at-the-supreme-court/
The US Supreme Court's decision in #Halkbank, on the rules of foreign sovereign immunity in criminal proceedings, is out.
By my read, they pretty much get it right:
- The district court has jurisdiction over the case under the general federal criminal jurisdiction statute (18 USC § 3231).
- The Foreign Sovereign Immunities Act doesn't cover criminal proceedings.
- Instead, foreign sovereign immunity in criminal cases is governed by common law.
https://www.supremecourt.gov/opinions/22pdf/21-1450_5468.pdf
#civpromatters #immunity #halkbank