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How Does the FSIA Apply in the Criminal Context?
There are a number of other areas where we haven't seen Congress as involved. We now know after a 2010 decision by the Supreme Court that the immunities of individual foreign officials simply fall outside the scope of the FSIA. There's also, I think, an increasing recognition that Congress did not speak explicitly to whether its intent in 1976 was to say the only jurisdiction over foreign states and their agencies shall be civil jurisdictions.