samantar yousuf et argued march decided june respondents persecuted somali government filed damages action alleging petitioner held high level government positions exercised command control military forces committing abuses knew known acts aided abetted commission district concluded lacked jurisdiction granted petitioner motion dismiss suit resting decision foreign sovereign immunities act fsia act provides foreign state shall immune jurisdiction federal state courts except provided act fourth circuit reversed holding fsia apply officials foreign state held fsia govern petitioner claim immunity pp doctrine foreign sovereign immunity see schooner exchange mcfaddon cranch state department granted sovereign diplomatic request suggestion immunity district surrendered jurisdiction ex parte peru state department refused decide immunity issue state department moved policy requesting immunity actions friendly sovereigns restrictive theory confined immunity suits involving foreign sovereign public acts verlinden central bank nigeria inconsistent application sovereign immunity followed leading fsia whose primary purposes endorse codify restrictive theory transfer primary responsibility deciding claims foreign immunity state department courts act governs determination whether foreign state entitled sovereign immunity pp reading fsia whole nothing suggest foreign state read include official acting behalf state act specifies foreign state includes political subdivision agency instrumentality state specifically delimits counts agency instrumentality textual clues agency instrumentality definition entity matching three specified characteristics cut reading include foreign official entity typically refers organization required statutory characteristics separate legal person apply awkwardly individuals section foreign state definition also inapplicable list set even illustrative rather exclusive suggest officials included since listed defendants entities conclusion also supported fact congress expressly mentioned officials elsewhere fsia wished count acts equivalent foreign state moreover fsia provisions point away reading foreign state include foreign officials pp fsia history purposes also support petitioner argument act governs immunity claim little reason presume congress codified state immunity intended codify sub silentio official immunity canon construction statutes interpreted consistently common law help decide question whether statute coverage ambiguous congress intended govern particular field state official immunities may coextensive historically government suggested immunity individual officials even foreign state qualify though foreign state immunity may circumstances extend individual official acts follow congress intended codify immunity fsia official immunity simply problem congress addressing enacting act construction act affected risk plaintiffs may use artful pleading attempt select application fsia common law case respondents sued petitioner personal capacity seek damages pockets governed common law claim foreign state defined fsia pp whether petitioner may entitled immunity whether may valid defenses matters addressed first instance district affirmed remanded stevens delivered opinion roberts kennedy ginsburg breyer alito sotomayor joined alito filed concurring opinion thomas filed opinion concurring part concurring judgment scalia filed opinion concurring judgment mohamed ali samantar petitioner bashe abdi yousuf et al writ certiorari appeals fourth circuit june justice stevens delivered opinion petitioner mohamed ali samantar first vice president minister defense somalia served prime minister respondents natives somalia allege members families victims torture extrajudicial killings years seek damages petitioner based alleged authorization acts narrow question must decide whether foreign sovereign immunities act fsia act et provides petitioner immunity suit based actions taken official capacity hold fsia govern determination petitioner immunity suit respondents members isaaq clan included prosperous somalis subjected systematic persecution military regime governing somalia allege petitioner exercised command control members somali military forces tortured killed arbitrarily detained members families petitioner knew known abuses perpetrated subordinates aided abetted commission respondents complaint sought damages petitioner pursuant torture victim protection act stat note following alien tort statute petitioner charge somalia armed forces military regime collapsed fled somalia resident virginia recognized entity government somalia since fall military regime see brief amicus curiae respondents filed complaint november petitioner promptly moved dismiss district stayed proceedings give state department opportunity provide statement interest regarding petitioner claim sovereign immunity month ensuing two years petitioner advised state department matter consideration ed app pet cert received response state department district reinstated case active docket concluded jurisdiction granted petitioner motion dismiss district decision rested squarely fsia provides foreign state shall immune jurisdiction federal state courts except provided act district noted none parties argued exception applicable app pet cert although characterizing statute silent applicability officials foreign state district followed appellate decisions holding foreign state sovereign immunity act extends individual acting official capacity behalf foreign state official acts beyond scope authority quoting velasco government indonesia rejected respondents argument petitioner necessarily acting beyond scope authority allegedly violated international appeals reversed rejecting district ruling fsia governs petitioner immunity suit acknowledged majority view among circuits fsia applies individual officials foreign state disagreed view however concluded based language structure statute fsia apply individual foreign government agents like petitioner found fsia govern whether petitioner enjoys immunity suit appeals remanded case proceedings including determination whether petitioner entitled immunity common law granted certiorari ii doctrine foreign sovereign immunity developed matter common law long fsia enacted verlinden central bank nigeria explained schooner exchange mcfaddon cranch chief justice marshall concluded impliedly waived jurisdiction certain activities foreign sovereigns specific holding schooner exchange federal lacked jurisdiction national armed vessel emperor france opinion interpreted extending virtually absolute immunity foreign sovereigns matter grace comity verlinden following schooner exchange procedure developed resolving foreign state claim sovereign immunity typically asserted behalf seized vessels see republic mexico hoffman ex parte peru compania espanola de navegacion maritima navemar procedure diplomatic representative sovereign request suggestion immunity state department ex parte peru request granted district surrendered jurisdiction see also hoffman absence recognition immunity department state district authority decide whether requisites immunity existed ex parte peru see also compania espanola approving judicial inquiry sovereign immunity department state declined act heaney government spain evaluating sovereign immunity state department responded request views making decision district inquired whether ground immunity one established policy state department recognize hoffman although cases involving individual foreign officials defendants rare procedure typically followed foreign official asserted immunity see heaney waltier thomson supp sdny prior state department followed general practice requesting immunity actions friendly sovereigns year department announced adoption restrictive theory sovereign immunity verlinden see also letter jack tate acting legal adviser department state acting attorney general philip perlman may reprinted dept state bull theory immunity confined suits involving foreign sovereign public acts extend cases arising foreign state strictly commercial acts verlinden change threw immunity determinations disarray political considerations sometimes led department file immunity cases immunity available restrictive theory republic austria altmann quoting verlinden congress responded inconsistent application sovereign immunity enacting fsia altmann see also verlinden section describes act two primary purposes endorse codify restrictive theory sovereign immunity transfer primary responsibility deciding claims foreign immunity state department enactment fsia act common law indisputably governs determination whether foreign state entitled sovereign immunity must decide whether act also covers immunity claims foreign officials begin statute text consider petitioner reliance history purpose iii fsia provides foreign state shall immune jurisdiction courts except provided act thus defendant foreign state within meaning act defendant immune jurisdiction unless one exceptions act applies see enumerating exceptions act applies sole basis obtaining jurisdiction foreign state federal argentine republic amerada hess shipping question face case whether individual sued conduct undertaken official capacity foreign state within meaning act act defines foreign state follows state includes political subdivision foreign state agency instrumentality foreign state defined subsection instrumentality foreign state means entity separate legal person corporate otherwise organ foreign state political subdivision thereof majority whose shares ownership interest owned foreign state political subdivision thereof neither citizen state defined section title created laws third country term foreign state face indicates body politic governs particular territory see restatement defining state entity defined territory population control government engages foreign relations however act establishes foreign state broader meaning mandating inclusion state political subdivisions agencies instrumentalities act specifically delimits counts agency instrumentality petitioner argues either foreign state agency instrumentality read include foreign official although agree petitioner interpretation literally possible analysis entire statutory text persuades us petitioner reading meaning congress enacted turn first term agency instrumentality foreign state true individual official agency instrumentality term given meaning thing person action accomplished terrorist attacks congress specifically defined agency instrumentality fsia textual clues definition cut broad construction first statute specifies instrumentality means entity matching three specified characteristics emphasis added entity typically refers organization rather individual see black law dictionary ed furthermore several required characteristics apply awkwardly individuals phrase separate legal person corporate otherwise conceivably refer natural person solely virtue word person phrase separate legal person typically refers legal fiction allows entity hold personhood separate natural persons shareholders officers cf first nat city bank banco para el comercio exterior de cuba separate legal personality described almost indispensable aspect public similarly awkward refer person organ foreign state see third part definition applied natural person natural person citizen state defined section subsections refer citizenship corporations estates natural person created laws third country thus terms congress chose simply evidence intent include individual officials within meaning agency instrumentality cf dole food patrickson describing containing indicia congress corporate formalities mind petitioner proposes second textual route including official within meaning foreign state argues definition foreign state sets nonexhaustive list includes political subdivisions agencies instrumentalities limited see brief petitioner true use word include signal list follows meant illustrative rather sure fewer textual clues within within interpret congress silence regarding foreign officials even list merely illustrative still suggests foreign state encompass officials types defendants listed entities see russell motor car word may known company keeps moreover elsewhere fsia congress expressly mentioned officials wished count acts equivalent foreign state suggests officials included within unadorned term foreign state cf kimbrough drawing meaning silence particularly inappropriate congress shown knows address issue express terms example congress provided exception general grant immunity cases money damages sought foreign state injury caused tortious act omission foreign state official employee foreign state acting within scope office emphasis added reference officials made similar later enacted exception see supp eliminating immunity suits money damages sought foreign state certain acts engaged official employee agent foreign state acting within scope office employment agency see also creating cause action foreign state official employee agent thereof term foreign state definition includes individual acting within scope office phrase official employee unnecessary see dole food construe statute manner strained time render statutory term superfluous provisions statute also point away reading foreign state include foreign officials congress made express mention service process individuals governs service upon foreign state political subdivision although methods listed used serve individuals example delivery accordance applicable international convention methods specified best roundabout ways serving individual official furthermore congress made specific remedial choices different types defendants see allowing punitive damages agency instrumentality foreign state affording plaintiff greater rights attach property agency instrumentality compared property foreign state adopting petitioner reading foreign state subject claims officials limited remedies available suits without much whisper congress subject instead adopt petitioner textual argument subject claims different expansive remedial scheme agencies act careful calibration remedies among listed types defendants suggests congress mean cover types defendants never mentioned text sum construe statutory phrases isolation read statutes whole morton reading fsia whole nothing suggest read foreign state include official acting behalf foreign state much indicate meaning congress text expressly foreclose petitioner reading supports view respondents act address official claim immunity iv petitioner argues fsia best read cover claim immunity history purpose discussed outset one primary purposes fsia codify restrictive theory sovereign immunity congress recognized consistent extant international law see observed related purpose codification international law time fsia enactment permanent mission india nations city new york examined relevant common law international practice interpreting act relationship act common law codified petitioner argues construe fsia consistently common law regarding individual immunity petitioner view coextensive law state immunity always immunized foreign official acts taken behalf foreign state even reading act light congress purpose codifying state sovereign immunity however think act codified common law respect immunity individual officials canon construction statutes interpreted consistently common law helps us interpret statute clearly covers field formerly governed common canon help us decide antecedent question whether statute coverage ambiguous congress intended statute govern particular field case whether congress intended fsia supersede common law official petitioner argues state official immunities coextensive congress must codified official immunity codified state immunity see brief petitioner relationship state immunity official immunity complicated petitioner suggests although need resolve dispute among parties precise scope official immunity common law authority petitioner points us previously found instructive see permanent mission immunity individual officials subject caveat applicable entities foreign state immunity extends restatement provides immunity foreign state extends public minister official agent state respect acts performed official capacity effect exercising jurisdiction enforce rule law state restatement emphasis added historically government sometimes suggested immunity common law individual officials even foreign state qualify see greenspan crosbie civ glg wl sdny therefore little reason presume congress set codify state immunity must also sub silentio intended codify official immunity petitioner urges suit official must always equivalent suit state acts taken state official behalf state acts state see brief petitioner recognized context act state doctrine official acts considered acts foreign state courts one country sit judgment acts done within territory foreign state see underhill hernandez although act state doctrine distinct immunity instead provides foreign substantive defense merits altmann doubt circumstances immunity foreign state extends individual acts taken official capacity follow premise congress intended codify immunity fsia hardly furthers congress purpose clarifying rules judges apply resolving sovereign immunity claims lump individual officials foreign without much word spelling individual officials petitioner stronger case indication congress intent enact comprehensive solution suits extended suits individual officials extent congress contemplated act effect upon officials evidence points opposite direction already mentioned legislative history points toward intent leave official immunity outside scope act see supra although questions official immunity arise period far immunity officials simply particular problem congress responding enacted fsia fsia adopted rather address modern world foreign state enterprises every day participants commercial activities assure litigants decisions regarding claims enterprises made purely legal grounds given reason believe congress saw problem wanted eliminate state department role determinations regarding individual official finally reading fsia effect make statute optional courts appeals feared allowing litigants artful pleading take advantage act provisions alternatively choose proceed old common law chuidian philippine nat bank even suit governed act may still barred foreign sovereign immunity common law every suit successfully pleaded individual official even plaintiff names foreign official may case foreign state political subdivision agency instrumentality required party party interest relating subject action disposing action person absence may practical matter impair impede person ability protect interest fed rule civ proc case entity immune suit fsia district may dismiss suit regardless whether official immune common law see republic philippines pimentel sovereign immunity asserted claims sovereign frivolous dismissal action must ordered potential injury interests absent sovereign may case actions official official capacity treated actions foreign state state real party interest cf kentucky graham suit respects name treated suit entity suit official personally real party interest entity citation omitted thus persuaded construction statute text affected risk plaintiffs may use artful pleading attempt select application fsia common law think case respondents sued petitioner personal capacity seek damages pockets properly governed common law claim foreign state act defines term although congress clearly intended supersede regime claims foreign find nothing statute origin aims indicate congress similarly wanted codify law foreign official immunity review text purpose history fsia leads us conclusion appeals correctly held fsia govern petitioner claim immunity act therefore deprive district jurisdiction emphasize however narrowness holding whether petitioner may entitled immunity common law whether may valid defenses grave charges matters addressed first instance district remand judgment appeals affirmed case remanded proceedings consistent opinion ordered mohamed ali samantar petitioner bashe abdi yousuf et al writ certiorari appeals fourth circuit june justice alito concurring join opinion although think citations legislative history little value mohamed ali samantar petitioner bashe abdi yousuf et al writ certiorari appeals fourth circuit june justice thomas concurring part concurring judgment join opinion except parts relying legislative history foreign sovereign immunities act et seq view textual analysis sufficient resolve case see post scalia concurring judgment mohamed ali samantar petitioner bashe abdi yousuf et al writ certiorari appeals fourth circuit june justice scalia concurring judgment admirably careful textual analysis ante demonstrates term foreign state provision foreign state shall immune jurisdiction courts include foreign officials yet insists adding legislative history analysis understand though agree absence supposed support reach different result even something legislative history clearly contradicted result explained away situation least opinion think assures us however thought assurance legislative history generally used ante quoting wisconsin public intervenor mortier surely damning faint praise mention past practice using legislative history ante support use today past practice practice using legislative history purpose giving authoritative content meaning statutory text mortier supra scalia concurring judgment introduction legislative history serves purpose except needlessly inject opinion mode analysis justices consider valid boot fashion isolate superfluous legislative history section us disagree categorically use least disagree superfluous use decline join therefore join opinion concur result relies legislative history support three positions first explaining phrase agency instrumentality definition foreign state see refer natural persons ante says anything legislative history suggest congress intended term instrumentality include individuals ante according legislative history like statute speaks terms entities ibid apparently legislative history must consulted show supports textual analysis even explain seeming contradiction analysis inconsequential show nothing contains ambiguous language text beyond reason second concluding review statute text legislative history makes clear congress intend foreign sovereign immunities act address individual immunities diplomatic consular immunity ante see also ante cites proposition house committee report reason believe read much less approved senate indeed members house committee even matter members committee never voted report case quoted excerpt address individual immunities general consular diplomatic immunity issue unless consular diplomatic immunity one hand hand issue immunity always treated doubt attempt establish passage contributes nothing analysis present case also quotes portion house report follows bill attempt deal questions discovery plaintiff sought depose diplomat official foreign government diplomatic official immunity apply ante anything passage cuts result two sentences omitted quotation read follows existing law appears adequate area example private plaintiff sought production sensitive governmental documents foreign state concepts governmental privilege apply thus house report makes clear bill failure deal discovery applies discovery sovereigns discovery foreign officials latter unnecessary bill dealt sovereigns implication bill provisions regarding immunity suit apply sovereigns foreign officials third finally points legislative history establish purpose statute see ante particularly puzzling enacted statutory text includes findings declaration purpose purpose surprise finds evidenced legislative history see make matters worse notes statutory declaration purpose twice earlier body opinion see ante textual references statute deleted footnoted citation legislative history least perform function however adds nothing except demonstration assiduous research cause wonder upon careful examination opinion excerpts legislative history turn best nonprobative entirely duplicative text legislative history almost never real reason decision deserve lot time footnotes although set respondents allegations detail district written opinion contains comprehensive summary describing abuses respondents suffered also historical context abuses occurred well attempts establish stable government somalia recent years see ed app pet cert petitioner argued addition immunity fsia complaint dismissed number grounds district reach see hold fsia govern whether individual foreign official enjoys immunity suit need reach respondents argument official immune fsia acts torture extrajudicial killing see brief respondents note determining petitioner acted beyond scope authority district afforded great weight letters somali transitional federal government tfg state department app pet cert tfg supported petitioner claim immunity stated actions attributed petitioner lawsuit taken petitioner official capacities app although district described tfg recognized governing body somalia app pet cert recognize tfg entity government somalia see brief amicus curiae compare holding fsia govern immunity individual foreign officials enahoro abubakar chuidian philippine nat bank concluding suit individual official acts committed official capacity must analyzed fsia terrorist attacks september keller central bank nigeria byrd corporacion forestal industrial de olancho central bank jordan cadc alternative basis decision appeals held even current official covered fsia former official see agree appeals broader ground individual officials covered fsia petitioner status former official irrelevant analysis diplomatic consular officers also claim specialized immunities accorded officials restatement second foreign relations law comment hereinafter restatement officials qualifying head state claim immunity basis see schooner exchange mcfaddon cranch describing exemption person sovereign jurisdiction incompatible dignity full text entitled findings declaration purpose reads follows congress finds determination courts claims foreign immunity jurisdiction courts serve interests justice protect rights foreign litigants courts international law immune jurisdiction foreign courts insofar commercial activities concerned commercial property may levied upon satisfaction judgments rendered connection commercial activities claims foreign immunity henceforth decided courts conformity principles set forth chapter petitioner points describes defendants agencies instrumentalities suggests therefore tells us nothing defendants covered term brief petitioner even reading petitioner suggests leave us odd result corporation citizen state excluded definition thus immune whereas natural person citizen state excluded thus retains immunity anything legislative history suggest congress intended term agency instrumentality include individuals contrary legislative history like statute speaks terms entities see hereinafter first criterion entity separate legal person intended include corporation association foundation entity law foreign state created sue sued name justice scalia may well correct strictly necessary confirm reading statutory text consulting legislative history see post opinion concurring judgment explained years ago opinion authored justice white propriety using legislative history common sense suggests inquiry benefits reviewing additional information rather ignoring chief justice marshall put mind labours discover design legislature seizes every thing aid derived fisher cranch legislative history materials generally misleading jurists never employ effort discern legislative intent precedents demonstrate practice utilizing legislative history reaches well past see wallace parker pet suspect practice likewise reach well future wisconsin public intervenor mortier alteration original see singer singer sutherland statutory construction ed word usually term enlargement limitation internal quotation marks omitted petitioner argues abrogates immunity certain acts individual officials superfluous officials otherwise immune see brief petitioner import precisely opposite first eliminates immunity state certain acts officers says foreign state shall immune suit money damages sought foreign state expressly refer immunity individual officers adds nothing petitioner argument second creation cause action foreign state official employee agent thereof reinforces idea foreign state definition include foreign officials case fsia legislative history even hint intent exclude individual officials chuidian legislative history makes clear congress intend fsia address individual immunities diplomatic consular immunity bill intended affect either diplomatic consular immunity also suggests general official immunity something separate subject bill see bill attempt deal questions discovery plaintiff sought depose diplomat official foreign government diplomatic official immunity apply congress understood legislate background principles astoria fed sav loan assn solimino statute covers issue previously governed common law interpret statute presumption congress intended retain substance common law see isbrandtsen johnson statutes invade common law read presumption favoring retention familiar principles except statutory purpose contrary evident find similarly inapposite petitioner invocation canon statute interpreted compliance international law see murray schooner charming betsy cranch argument foreign relations reciprocal protection officials abroad undermined adopt reading act deciding fsia bars petitioner immunity rather act address question need determine whether declining afford immunity petitioner consistent international law restatement apply caveat head state head government foreign minister see restatement whether petitioner may entitled head state immunity immunity common law question leave open remand see express view whether restatement correctly sets scope common law immunity applicable current former foreign officials respondents contend caveat refers compulsive effect judgment state brief respondents petitioner disputes meaning reply brief petitioner need resolve dispute enough present purposes restatement indicates foreign official immunity may turn upon requirement applicable type defendant courts appeals develop complete absence statutory text rules governing official entitled immunity fsia example courts appeals applied rule foreign sovereign immunity extends individual official acts committed official capacity official acts beyond scope authority chuidian may correct matter principles derive clarification codification congress furthermore congress intended fsia reach individuals one expect act addressed whether former officials covered issue settled respect instrumentalities see dole food patrickson nstrumentality status must determined time suit filed study attempted gather state department decisions related sovereign immunity adoption restrictive theory enactment fsia reveals four decisions related official immunity two related head state immunity total decisions sovereign immunity decisions dept state may sandler vagts ristau eds digest practice law hereinafter digest fsia introduced accordance recommendation state department department sought supported elimination role respect claims foreign agencies instrumentalities see hearings subcommittee administrative law governmental relations house representatives committee judiciary testimony monroe leigh legal adviser dept state judgment advantages judicial determination greatly outweigh advantage able intervene lawsuit department time fsia enactment understood act leave intact department role official immunity cases see digest decisions department regarding immunity officials may future significance foreign sovereign immunities act deal immunity individual officials foreign political subdivisions agencies instrumentalities furthermore plaintiff seeking sue foreign official able rely act service process jurisdictional provisions thus plaintiff establish district personal jurisdiction official without benefit fsia provision makes personal jurisdiction foreign state automatic exception immunity applies service process accomplished accordance see personal jurisdiction foreign state shall exist every claim relief district courts jurisdiction subsection claims foreign state entitled immunity service made section title