Vera M. Kachnowski, left, and Alexandra M.C. Douglas, right. Southern District Weighs in on FSIA Immunity for Criminal Proceedings
In their column on International Criminal Law and Enforcement, Vera M. Kachnowski and Alexandra M.C. Douglas examine the case of a Turkish bank claiming immunity from prosecution under the Foreign Sovereign Immunities Act.
October 16, 2020 at 01:00 PM
8 minute read
The prosecution of Turkish state-owned bank, Turkiye Halk Bankasi A.S. ("Halkbank"), in the Southern District of New York for sanctions-related offenses has garnered considerable attention, due both to its politicized nature and its procedural developments. United States v. Turkiye Halk Bankasi A.S., 15 CR 867. Recently, Halkbank, which is organized under Turkish law and has no branches in the U.S., moved to dismiss the case based, inter alia, on its limited connection to the U.S. Among other things, Halkbank contended that the alleged conduct was too far removed from the U.S. to establish personal jurisdiction and that the indictment represented an impermissible extraterritorial application of U.S. law.
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