Page:United States Statutes at Large Volume 104 Part 3.djvu/899

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PUBLIC LAW 101-519—NOV. 5, 1990 104 STAT. 2251 "§ 2333. Civil remedies "(a) ACTION AND JURISDICTION,—Any national of the United States injured in his person, property, or business by reason of an act of international terrorism, or his estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he sustains and the cost of the suit, including attorney's fees. "(b) ESTOPPED UNDER UNITED STATES LAW. — A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 1116, 1201, 1203, or 2382 of this title or section 1472(i), (k), (1), (n), or (r) of title 49 App. shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. "(c) ESTOPPED UNDER FOREIGN LAW.— ^A final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall, to the extent that such judgment or decree may be accorded full faith and credit under the law of the United States, estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. "§ 2334. Jurisdiction and venue "(a) GENERAL VENUE. —Any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district where any plaintiff resides or where any defendant resides or is served, or has an agent. Process in such a civil action may be served in any district where the defendant resides, is found, or has an agent. "(b) SPECIAL MARITIME OR TERRITORIAL JURISDICTION.—I f the actions giving rise to the claim occurred within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of this title, then any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district in which any plaintiff resides or the defendant resides, is served, or has an agent. "(c) SERVICE ON WITNESSES. —A witness in a civil action brought under section 2333 of this title may be served in any district where • the witness resides, is found, or has an agent. "(d) CONVENIENCE OF THE FORUM.— The district court shall not dismiss any action brought under section 2333 of this title on the grounds of the inconvenience or inappropriateness of the forum chosen, unless— "(1) the action may be maintained in a foreign court that has jurisdiction over the subject matter and over all the defendants; "(2) that foreign court is significantly more convenient and appropriate; and ^ '(3) that foreign court offers a remedy which is substantially the same as the one available in the courts of the United States. "§ 2335. Limitation of actions "(a) IN GENERAL.— Subject to subsection (b), a suit for recovery of damages under section 2333 of this title shall not be maintained unless commenced within 3 years from the date the cause of action accrued. "(b) CALCULATION OF PERIOD.— The time of the absence of the defendant from the United States or from any jurisdiction in which the same or a similar action arising from the same facts may be