12 2 STA T .34 2 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (A)thel e v el of e c o n o mi c cont r ol over the p ropert yb y the g overnment of the foreign s t a te
‘‘( B ) w hether the profits of the property go to that government; ‘‘( C ) the d egree to which officials of that government manage the property or otherwise control its daily affairs; ‘‘( D ) whether that government is the sole beneficiary in interest of the property; or ‘‘( E ) whether establishing the property as a separate entity wo u ld entitle the foreign state to benefits in U nited S tates courts while avoiding its obligations . ‘‘( 2 )U NITEDS T A TES S OV E R EI G NI M M U NIT Y INA P P L I C A B LE. — Any property of a foreign state , or agency or instrumentality of a foreign state, to which paragraph ( 1 ) applies shall not be immune from attachment in aid of e x ecution, or execution, upon a j udgment entered under section 1 605 A because the property is regulated by the United States G overnment by reason of action ta k en against that foreign state under the T rading W ith the Enemy Act or the I nternational Emergency Economic P owers Act. ‘‘( 3 )T H IRD - PARTY J OINT PROPERTY HOLDERS.— N othing in this subsection shall be construed to supersede the authority of a court to prevent appropriately the impairment of an interest held by a person who is not liable in the action giving rise to a judgment in property subject to attachment in aid of execution, or execution, upon such judgment. ’ ’. ( 4 ) V ICTIMS O F CRIME ACT.—Section 1404C(a)(3) of the Vic- tims of Crime Act of 1 98 4 (42 U.S.C. 10603c(a)(3)) is amended by striking ‘‘December 21, 1988 with respect to which an inves- tigation or’’ and inserting ‘‘ O ctober 23, 1983, with respect to which an investigation or civil or criminal’’. (c) APPLICATION TO PENDING CASES.— (1) IN GENERAL.—The amendments made by this section shall apply to any claim arising under section 1605A of title 28, United States Code. (2) PRIOR ACTIONS.— (A) IN GENERAL.—With respect to any action that— (i) was brought under section 1605(a)( 7 ) of title 28, United States Code, or section 589 of the F oreign Operations, Export Financing, and R elated Programs Appropriations Act, 1997 (as contained in section 101(c) of division A of Public L aw 104 – 208), before the date of the enactment of this Act, (ii) relied upon either such provision as creating a cause of action, (iii) has been adversely affected on the grounds that either or both of these provisions fail to create a cause of action against the state, and (iv) as of such date of enactment, is before the courts in any form, including on appeal or motion under rule 60(b) of the Federal Rules of Civil Proce- dure, that action, and any judgment in the action shall, on motion made by plaintiffs to the United States district court where the action was initially brought, or judgment in the action was initially entered, be given effect as if the action had
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