Thai-Lao Lignite (Thailand) Co. Ltd. et al v. Government of the LAO People's Democratic Republic
Filing
262
OPINION AND ORDER re: 148 MOTION for Turnover of Funds in Satisfaction of Judgment filed by Hongsa Lignite (LAO PDR) Co. Ltd., Thai-Lao Lignite (Thailand) Co. Ltd., 230 MOTION to Vacate 220 Order to Show Cause, to vacate restraining notices< /I> filed by Government of the LAO People's Democratic Republic. For the foregoing reasons, the Court GRANTS Respondent's motion to vacate the restraining notices issued on March 4 and DENIES Petitioner's motion to commence turnover proceedings against the Airlines. (Signed by Judge Kimba M. Wood on 4/19/2013) (tro)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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THAI LAO LIGNITE (THAILAND) CO., LTD. & |
HONGSA LIGNITE (LAO PDR) CO., LTD.,
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Petitioners,
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-against|
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GOVERNMENT OF THE LAO PEOPLE’S
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DEMOCRATIC REPUBLIC,
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Respondent.
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KIMBA M. WOOD, U.S.D.J.:
10 Civ. 5256 (KMW) (DCF)
OPINION and ORDER
On August 5, 2011, this Court entered a judgment against the Government of the Lao
People’s Democratic Republic (“Respondent”) enforcing a $56 million arbitral award in favor of
Thai-Lao Lignite (Thailand) Co., Ltd. and Hongsa Lignite (Lao PDR) Co., Ltd. (collectively,
“Petitioners”). [Dkt. No. 50]. Since that time, the parties have been engaged in protracted postjudgment discovery regarding assets potentially available to satisfy the award. 1 On March 4,
2013, Petitioners moved ex parte for restraining notices and turnover of fees against four
airlines—Federal Express Corporation, Colt International, Inc., Kalitta Air, LLC, and United Air
Lines, Inc. (collectively, the “Airlines”)—which allegedly possess funds available to satisfy the
judgment. [Dkt. No. 220]. The Court approved the entry of restraining notices against the
Airlines, and ordered the parties to show cause why the Airlines should not turn over the funds
Petitioners have requested. Respondent moved to vacate the restraining notices on March 15,
1
The Court assumes familiarity with the facts of this case, now in its second year of contentious postjudgment discovery. See, e.g., Thai Lao Lignite (Thailand) Co., Ltd. v. Gov’t of the Lao People’s
Democratic Republic, 10 Civ. 5256, 2013 WL 541259 (S.D.N.Y. Feb.11, 2013) (describing background
of discovery disputes); Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov’t of the Lao People’s Democratic
Republic, 10 Civ. 5256, 2011 WL 3516154 (S.D.N.Y. Aug. 3, 2011) (confirming arbitral award), aff’d,
No. 11-3536-cv, 2012 WL 2866275 (2d Cir. July 13, 2012), cert. denied, No. 12-878, 2013 WL 182791
(Feb. 25, 2013).
1
2013, [Dkt. No. 230], and the Airlines opposed Petitioners’ request on March 18, 2013. [Dkt.
No. 244]. For the following reasons, Respondent’s motion to vacate the restraining notices is
GRANTED and Petitioners’ request for the Airlines to turn over funds is DENIED.
I.
RELEVANT BACKGROUND
On January 27, 2011, Respondent disclosed to Petitioners that it received “over flight
payments” from certain U.S.-based airlines. (Sun Decl. ¶¶ 8-9, Ex. E, at 4 [Dkt. No. 222]). On
August 17, 2011, Petitioners sought and obtained an order to show cause that requested
restraining notices against these airlines, [Dkt. No. 54], but has since voluntarily terminated
those requests. (Pets.’ Mem. in Supp. 1 [Dkt. No. 221]. In early 2012, Petitioners served
subpoenas on the four airlines targeted in the present motion—United, Kalitta, Colt, and
FedEx—which confirmed that the Airlines were obligated to pay Laos every time they flew into
and out of Laos (the “Overflight Fees”), and that these obligations are invoiced by Respondent
every month.2 (Sun Decl. ¶¶ 20-22; Exs. P, Q, R).
The Overflight Fees are authorized by a Lao statute imposing an “overflight charge” on
any “operator of an aircraft that has conducted a flight over the territory of the Lao PDR.” Law
on Civil Aviation, No. 43/PO, art. 3(3), 48 (2005) (Kry Decl. Ex. B [Dkt. No. 232]). These fees
are imposed so that Respondent can provide air traffic control and other regulatory services
designed “to ensure the effectiveness of overflight” in Lao airspace. Id. arts. 34, 38. The fees
are collected by a Lao agency, id. art. 49, and are expended pursuant to Respondent’s budget as a
“central budget” item. Amended Law on the State Budget, No. 01/PO, arts. 37(6), 41 (2006)
(Kry Decl. Ex. C). Similar fees are assessed by governments around the world, including by the
United States. See, e.g., 49 U.S.C. § 45301(a)(1).
2
Kalitta Air objected to the subpoena and has not produced anything in response. Petitioners encourage
restraining Kalitta as well because “it has not denied that it owes any Aviation Service Payment to Laos.”
(Pets. Mem. 3 n.4).
2
On March 4, 2013, Petitioners filed an ex parte motion for restraining notices and
turnover of fees from the Airlines. [Dkt. No. 220]. The Court authorized restraining notices to
be served against the Airlines preventing them from paying any debts they owe to Respondent,
and entered an order requiring the Airlines to show cause why they should not “immediately
deliver to Petitioners any and all funds and or payment obligations belonging or owing to Laos.”
(Order to Show Cause 2-4 [Dkt. No. 220]). Petitioners seek the turnover of the Overflight Fees
pursuant to NY CPLR Sections 5225(b) and 5227, which authorize proceedings to recover debts
owed to judgment debtors by third parties. Respondent moved to vacate the restraining notices
and opposed the requested turnover proceedings on March 15, 2013. [Dkt. No. 230]. Three of
the Airlines—United, Kalitta, and FedEx—filed an opposition brief on March 18, 2013. [Dkt.
No. 244]. The Court held oral argument on this topic on April 3, 2013.
II.
ANALYSIS
Respondent argues the restraining notices should be vacated and the motion for turnover
of funds denied. First, Respondent contends that the enforcement proceedings should be stayed
pending resolution of Respondent’s Rule 60(b) motion to vacate the Court’s ruling upholding the
arbitral award. Second, even absent such a stay, Respondent argues that Petitioners’ requests are
inappropriate because the Overflight Fees are immune under the Foreign Sovereign Immunities
Act (“FSIA”), 28 U.S.C. §§ 1602 et seq. Although the Court declines to stay proceedings
pending resolution of the Rule 60(b) motion, the Court finds that Petitioners’ requests are subject
to the FSIA and the Overflight Fees may not be attached because they are immune under Section
1610(a) of the FSIA.3 Consequently, the Court vacates the restraining notices and denies
Petitioners’ request for a turnover of funds.
3
Because the Court holds the Overflight Fees to be immune under the FSIA, it need not address the
equitable arguments presented by the Airlines.
3
A. A Stay of Enforcement Proceedings Is Inappropriate
The judgment at issue in this case was rendered pursuant to the New York Convention,
an international treaty authorizing U.S. courts to recognize and enforce foreign arbitral awards.
See United Nations Convention on the Recognition of Foreign Arbitral Awards, June 10, 1958,
21 U.S.T. 2517, T.I.A.S. No. 6697 (“New York Convention”); see also 9 U.S.C. §§ 201 et seq.
(providing statutory basis for implementing the New York Convention in the United States).
The New York Convention does not, however, support the recognition of arbitral awards that
have been “set aside or suspended by a competent authority of the country in which, or under the
law of which, the award was made.” New York Convention art. V(1)(e); see also Baker Marine
(Nig.) Ltd. v. Chevron (Nig.) Ltd., 191 F.3d 194, 197 (2d Cir. 1999).
On December 27, 2012, the Malaysian High Court vacated the arbitral award on which
the Court’s original judgment is based. (Kry Decl. Ex. A). Respondent moved to vacate the
Court’s original judgment in light of the Malaysian ruling on February 11, 2013. [Dkt. No. 203].
Respondent now argues that the New York Convention bars further enforcement proceedings are
because the arbitral award on which this Court’s original judgment was based has been set aside
by the rendering jurisdiction. (Resp’t’s Mem. in Resp. 3 [Dkt. No. 231]).
However, the Malaysian court’s decision does not automatically render the original
judgment invalid under the New York Convention; such a determination must wait until the
Court has examined the merits of Respondent’s Rule 60(b) motion, which is not yet fully briefed.
(See [Dkt. No. 251] (extending time for Petitioners’ response pending completion of limited
discovery)). Absent a successful motion to stay enforcement proceedings under Rule 62 or a
successful challenge under Rule 60, the Court’s judgment remains valid and enforceable.
4
Consequently, the Court’s original judgment enforcing the Malaysian arbitral award remains in
effect, and proceedings to enforce that judgment must go forward.
B. The FSIA Applies to the Remedies Petitioners Seek
Section 1609 of the FSIA provides that “the property of a foreign state in the United
States shall be immune from attachment, arrest, and execution.” 28 U.S.C. § 1609 (emphasis
added). Petitioners present two arguments to support their contention that the FSIA does not
apply to the remedies they seek here. First, Petitioners posit that the FSIA does not apply
because the remedies they seek—restraining notices and a turnover of funds—are not subject to
Section 1609. Second, Petitioners claim that the immunity provisions contained in the FSIA are
superseded by the New York Convention. Neither argument has merit.
1. FSIA Immunity Applies to Remedies That Are the Functional Equivalent of
Attachment, Arrest, and Execution
Petitioners argue that Section 1609 applies only to the specific remedies listed in the text:
“attachment, arrest, and execution.” Because the remedies they seek in the instant action are in
personam, and New York law distinguishes between in personam and in rem proceedings,
Petitioners argue that this proceeding is not subject to Section 1609. (See Pets.’ Mem. 8-9).
Respondent counters that this argument is “squarely contrary to settled law” and represents an
attempt to circumvent the clear provisions of the FSIA. (Resp’t’s Mem. 17). The Court agrees
with Respondent.
Petitioners present three primary arguments to support their reading of Section 1609.
First, Petitioners argue that the specific language of Section 1609, which refers only to “arrest,
attachment, and execution,” indicates that Congress intended execution immunity to apply only
to in rem actions against a sovereign’s property, not to in personam actions brought against third
parties who possess the sovereign’s property. (Pets.’ Mem. 10-11). Second, in light of other,
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unrelated statutory provisions using broader language to provide enforcement immunity,
Petitioners argue that Congress affirmatively intended Section 1609 to apply only to the specific
remedies listed. (Pets.’ Mem. 11-13 (citing 28 U.S.C. § 1611(a); 22 U.S.C. § 2459)). Finally,
Petitioners contend the remedies they seek here—restraining notices and turnover proceedings—
are in personam actions outside the ambit of Section 1609. (Pets.’ Mem. 15-17).
Although Petitioners cite a New York case distinguishing jurisdiction over property in in
rem proceedings from jurisdiction over persons in in personam proceedings, Koehler v. Bank of
Bermuda, 12 N.Y.3d 533, 537 (2009), Petitioners overlook Second Circuit precedent, which has
repeatedly applied FSIA immunity to remedies that are the functional equivalent of attachment,
arrest, and execution. For example, the Second Circuit held that an injunction against sovereign
property, although not an “attachment, arrest, or execution,” was immune from attachment under
the FSIA as another “means to effect the same result.” S & S Mach. Co. v. Masinexportimport,
706 F.2d 411, 418 (2d Cir. 1983). Similarly, the Second Circuit held that requiring a sovereign
to post prejudgment security was barred by Section 1609 because it would create “precisely the
same result that would obtain if the foreign sovereign’s assets were formally attached” and that
there was “therefore no significant distinction between New York’s security requirement and an
attachment of the property.” Stephens v. Nat’l Distillers & Chem. Corp., 69 F.3d 1226, 1229 (2d
Cir. 1995); see also Karaha Bodas Co., LLC v. Ministry of Finance of Republic of Indonesia, 83
F. App’x 381, 383 (2d Cir. 2003) (characterizing Stephens as “holding that the FSIA prevents
restraints that are the functional equivalent of attachments”).
The Second Circuit thus looks to the practical effect of the proposed remedy, not simply
whether it is specifically listed in the FSIA, in analyzing whether the property is immune. NML
Capital, Ltd. v. Republic of Argentina, 699 F.3d 246, 262 (2d Cir. 2012) (determining that
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injunction that had no effect on sovereign’s property was not barred by Section 1609, but noting
that courts are barred from granting relief that is functionally equivalent to attachment). And
although Petitioners concede they are “not aware of any published decisions” supporting their
position, (Pets.’ Mem. 7), there are many decisions applying FSIA immunity to turnover
petitions. See, e.g., Walters v. Indus. & Commercial Bank of China, Ltd., 651 F.3d 280 (2d Cir.
2011) (turnover proceeding directed to third party banks); Aurelius Capital Partners, LP v.
Republic of Argentina, 584 F.3d 120 (2d Cir. 2009) (restraining notices against banks); Ruth
Calderon-Cardona v. JPMorgan Chase Bank, N.A., 867 F. Supp. 2d 389 (S.D.N.Y. 2011)
(turnover proceedings against third party banks).
Moreover, the Second Circuit has already considered—and expressly rejected—a similar
argument to the one Petitioners advance here. In Stephens, the plaintiff sought “to distinguish
between an attachment—which burdens a piece of property regardless of the relationship of that
property to the litigation—and the prejudgment security here at issue—which serves an
enforcement mechanism for the collection of judgments in New York.” Stephens, 69 F.3d at
1230. The Second Circuit rejected this distinction; the court explained “that the principle behind
the prohibition against attachments should apply broadly,” and emphasized that “such a measure
could only result in the disingenuous flouting of the FSIA ban on prejudgment attachment of
assets.” Id. (internal quotation omitted); see also S & S Mach., 706 F.2d at 418 (explaining that
“[t]he FSIA would become meaningless if courts could eviscerate its protections merely by
denominating their restraints as injunctions against the negotiation or use of property rather than
as attachments of that property”).
Petitioners’ attempt to evade the FSIA’s immunity is unavailing. The Court finds that the
remedies they seek are functionally equivalent to the attachment of Respondent’s property
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because they involve court-ordered seizure and control. See NML Capital, 699 F.3d at 262. If
Petitioners’ argument succeeds, it would “eviscerate” the protections of the FSIA “by
denominating their restraints” as a turnover proceeding “rather than as attachments of that
property.” S & S Mach., 706 F.2d at 418. Consequently, the restraining notices and turnover
proceedings are subject to the immunity provisions of the FSIA.
2. The New York Convention Does Not Override the FSIA’s Execution
Immunity Provisions
Petitioners also argue that the immunity provisions of the FSIA are subordinate to the
New York Convention because these provisions were enacted “[s]ubject to existing agreements”
to which the United States was a party at the time the FSIA was enacted, including the New
York Convention. 28 U.S.C. §§ 1604, 1609; see also Skandia America Reins. Corp. v. Caja
Nacionale de Ahorro y Segoro, No. 96 Civ. 2601, 1997 WL 278054, *5-6 (S.D.N.Y. May 23,
1997) (Wood, J.) (holding New York Convention was an “existing agreement” to which FSIA
immunity is subject). However, the only provision of the New York Convention Petitioners
identify as surmounting FSIA execution immunity is Article III, which states that contracting
states shall “recognize arbitral awards as binding and enforce them in accordance with the rules
of procedure of the territory where the award is relied upon.” New York Convention art. III.
Petitioners contend that this provision supports a finding that a turnover proceeding pursuant to
Section 5225(a) of the NY CPLR is an appropriate mechanism to enforce the award.
Petitioners’ argument is misplaced. The Court has held that the state remedies they seek
are subject to the immunity provisions of the FSIA. The New York Convention does nothing
more than direct the Court to enforce awards in accord with the procedural rules of this
jurisdiction; it contains no language that conflicts with or supersedes FSIA immunity. The
immunity provisions in the FSIA apply to this action.
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C. The Overflight Fees are Immune from Attachment Under the FSIA
Under Section 1609 of the FSIA, a foreign state’s property is “immune from attachment,
arrest and execution” unless it is subject to one of the limited exceptions laid out in sections 1610
and 1611. Where, as here, a foreign sovereign has waived its sovereign immunity, Thai Lao
Lignite, 2011 WL 3516154, at *7-8, or is subject to a judgment based on an order confirming an
arbitral award, 28 U.S.C. § 1610(a)(6), its property may be attached only if the property is “used
for a commercial activity in the United States.” 28 U.S.C. § 1610(a). Petitioners argue that
Respondent has waived its immunity and, even if it has not, the Overflight Fees are subject to
attachment because they are used for a commercial purpose in the United States. The Court
finds that Respondent did not and could waive its immunity, and that the Overflight Fees are
immune from attachment under the FSIA.
3. Respondent Has Not Waived Its Immunity Argument
Petitioners argue that Respondent has “intentionally and unambiguously” waived its right
to argue that the Overflight Fees are immune under the FSIA. (Pets.’ Mem. 6). Petitioners
ground this argument on statements Respondent made in briefing to the Second Circuit and to
this Court which implied that the Overflight Fees are not immune under the FSIA. (See Sun
Decl. Ex. K (“[E]xcept for some U.S.-based airlines’ payments for overflight fees to Laos, there
are no assets in the United States available to [enforce the award.]”); Ex. L (“Other than invoices
that the government sends from Laos to U.S. airlines that overfly Laos, the government has no
commercial assets in the United States.”)).
Petitioners’ waiver argument is unavailing. First, implied waiver of immunity under the
FSIA must be “construed narrowly,” and “any waiver must accordingly be unmistakable and
unambiguous.” Drexel Burnham Lambert Grp. Inc. v. Comm. of Receivers for Galadari, 12 F.3d
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317, 326 (2d Cir. 1993) (citing Shapiro v. Republic of Bolivia, 930 F.2d 1013, 1017 (2d Cir.
1991)). The sovereign must commit “some affirmative act” to indicate that it intended to
relinquish a known right. Walters, 651 F.3d at 295-96; see also id. at 295 (noting that “a waiver
of immunity from suit does not imply a waiver of immunity from attachment of property, and
vice versa” (internal quotation omitted)). Respondent did not explicitly waive execution
immunity against this property, and the statements Petitioners contend constitute an implicit
waiver fall far short of the “unmistakable and unambiguous” waiver required by the Second
Circuit. Rather, Respondent’s statements were conditional and, with respect to the statement
made before this Court, part of a larger argument that Respondent has no assets available to
satisfy the judgment. (See Sun Decl. Ex. L, at 11 (“The government has no commercial assets in
the United States.”)). These representations are insufficient to overcome the strict standard for
implied waiver of execution immunity.
Second, Respondent could not waive its immunity because sovereign property must
satisfy the statutory criteria laid out in Section 1610(a) “even if the foreign sovereign has waived
its immunity.” Aurelius Capital Partners, 584 F.3d at 130 (emphasis added); see also EM Ltd. v.
Republic of Argentina, 473 F.3d 463, 481 n.19 (2d Cir. 2007) (“Even when a foreign state
completely waives its immunity from execution, courts in the U.S. may execute only against
property that meets these…statutory criteria.” (internal quotation omitted)). The statutory
criteria are mandatory regardless of whether a sovereign has waived execution immunity; thus,
irrespective of any waiver, only those assets “used for a commercial activity in the United
States” may be properly attached under the FSIA.4 Aurelius Capital Partners, 584 F.3d at 130.
4
Although Respondent raised this point in its opposition briefing, Petitioners did not provide any
authority to the contrary in its reply. (See Resp’t’s Mem. in Resp. 11 (discussing that a sovereign cannot
waive immunity of non-commercial assets); Pets.’ Reply Mem. 5-7 (raising waiver issue without
addressing this issue) [Dkt. No. 248]).
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4. The Overflight Fees are Used for a Commercial Purpose in the United States
In order to be subject to attachment, the Overflight Fees must be both (1) used for a
commercial activity and (2) used in the United States. 28 U.S.C. § 1610(a). Because neither
criterion is satisfied, the Overflight Fees are immune from attachment under the FSIA.
To distinguish between sovereign and commercial activity, the Second Circuit directs the
Court to ask “whether the particular actions that the foreign state performs are the type of actions
by which a private party engages in trade and traffic or commerce.” NML Capital, Ltd. v.
Republic of Argentina, 680 F.3d 254, 258 (2d Cir. 2012). In other words, “if the activity is one
in which a private person could engage, it is not entitled to immunity.” LNC Invs., Inc. v.
Republic of Nicaragua, 2000 WL 745550, at *5 (S.D.N.Y. 2000) (quoting Texas Trading &
Milling Corp. v. Red. Republic of Nigeria, 647 F.2d 300, 309 (2d Cir. 1981)). The government’s
purpose in conducting the activity is irrelevant; the only concern is whether the sovereign acted
“in the manner of a private actor.” NML Capital, 680 F.3d at 260 (quoting Republic of Argentina
v. Weltover, 504 U.S. 607, 614 (1992)). The Second Circuit applies this standard strictly.
Compare Anglo-Iberia Underwriting Management v. P.T. Jamsostek, 600 F.3d 171, 177-78 (2d
Cir. 2010) (holding that private actor’s role in the administration of Indonesia’s national health
insurance program was sovereign, not commercial, activity), with NML Capital, 680 F.3d at 260
(holding purchase of scientific equipment was a commercial, not sovereign, function).
The Overflight Fees are collected pursuant to a Lao statute and used to regulate airlines in
Laos. See Law on Civil Aviation art. 3(3), 48 (Kry Decl. Ex. B). The fees are charged in order
to permit Respondent to provide air traffic control and other services, a public regulatory
function not analogous to any action taken by private parties. Id. art. 34. The Overflight Fees
are thus directly parallel to other taxes sovereign states assess against transportation companies,
including airlines, which are immune from attachment as sovereign activity. See, e.g., LNC
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Invs., 2000 WL 745550 (finding corporate income and value added taxes airlines owed to
Nicaragua immune from attachment); Export-Import Bank of Republic of China v. Grenada, 876
F. Supp. 2d 263, 267 (S.D.N.Y. 2012) (finding taxes owed to Grenada by airlines, cruise ships,
and shipping companies to be immune from attachment as sovereign activity).
Moreover, several foreign courts have expressly held that overflight fees may not be
attached to satisfy judgments because they represent a sovereign function. See, e.g.,
Bundesgerichtshof Oct. 4, 2005, Case No. VII ZB 9/05 (highest civil court of Germany holding
that overflight fees owed the Russian government represent sovereign function) (Kry Decl. Ex.
E); Socialist Federal Republic of Yugoslavia v. Société Européenne d’Etudes et d’Entreprises, 82
I.L.R. 58 (T.G.I. Paris July 3, 1985) (holding overflight fees immune from attachment to satisfy
arbitral award as an exercise of “prerogative powers linked to its national and international
sovereignty”) (Kry Decl. Ex. G). Comity concerns thus support a finding that the collection of
Overflight Fees constitutes sovereign, not commercial, activity.5
Finally, even if the Overflight Fees were commercial activity, they would nonetheless be
immune under the FSIA because the Overflight Fees were not used in the United States.
Although Petitioners apply New York law to argue that the Overflight Fees are located in the
United States because “the situs of the debt is wherever the debtor is found,”6 (Pets.’ Mem. 18718), Respondent correctly notes that the appropriate inquiry examines whether the property at
issue was used in the United States when in the hands of the sovereign. See Aurelius Capital
Partners, 584 F.3d at 130-31. For example, the Second Circuit determined in Aurelius Capital
Partners that assets were immune from attachment even though they had been used in the United
5
The Court also notes that the United States assesses similar overflight fees. See 49 U.S.C. § 45301(a)(1). Given
the Court’s ruling that such fees are immune from attachment as sovereign activity, principles of comity may
mitigate against potential attachment of these payments in future proceedings against the Untied States.
6
Petitioner supplies no federal authority for its assertion that New York law would have any bearing on
the application of a federal immunity statute. (See Pets.’ Mem. 17-18
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States by private corporations. Id. at 131. Because these actions occurred before Argentina took
possession of the assets, the assets were immune under Section 1610(a). Similarly, the invoices
for the Overflight Fees direct the Airlines to submit payment to banks outside of the United
States, and Respondent has no opportunity to “use” the fees in the United States.
In sum, the Overflight Fees are sovereign activity outside the United States, and
consequently are not “used for a commercial activity in the United States.” The Court
accordingly holds that these fees are immune under 28 U.S.C. § 1610(a).
III.
CONCLUSION
For the foregoing reasons, the Court GRANTS Respondent’s motion to vacate the
restraining notices issued on March 4 and DENIES Petitioners’ motion to commence turnover
proceedings against the Airlines.
SO ORDERED.
Dated: New York, New York
April 19, 2013
/s/____________________________
Kimba M. Wood
United States District Judge
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