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FAQ / Q. Do I have to follow a hierarchy regarding the methods of service under Section 1608(b)?


A. See H.R. Rep. No. 94-1487, 94th Cong., 2d Sess., (1976), reprinted in part in 1976 U.S. Code Cong. & Ad. News 6604, 6624; see also, George, Practical and Theoretical Analysis of Service of Process Under FSIA, 19 Int'l Law. 55 (1985). The legislative history of Section 1608 is not specific on this point, stating in an overview of 1608(a) and (b) that "there is a hierarchy in the methods of service" but also stating generally under 1608(b) that "if there is no special arrangement and if the agency or instrumentality has no representative in the United States, service may be made under one of the three methods provided in subsection (b)(3)" (1976 U.S. Code Cong. & Ad. News 6623, 6624). Following the hierarchy, if there is no special arrangements for service between the plaintiff and the agency or instrumentality as contemplated by 1608(b)(1), service would then be attempted under Section 1608(b)(2) either by service on an agent in the United States or by applicable international convention on service of process.

 




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