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.

Foreign defendants faced with prosecution here often raise similar points. As a state-owned bank, however, Halkbank added a less common argument: that it is immune from prosecution under the Foreign Sovereign Immunities Act. But does the Foreign Sovereign Immunities Act, in fact, shield foreign state defendants from criminal proceedings here?

Foreign Sovereign Immunities Act

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