OPINION AND ORDER This is a motion by Banque Nationale de Crédit (“BNC”), an autonomous commercial bank wholly owned by the Republic of Haiti, to intervene in this action and vacate the maritime attachments of two bank accounts and more than $58 million in funds, of which approximately $29 million are held in a BNC account at the Bank of New York Mellon (the “BNC Mellon Account”) and approximately $29 million are held in a BNC account at Raymond James & Associates, Inc. (“RJAI”), another financial institution (the “BNC RJAI Account”) (collectively, the “BNC Accounts”). While plaintiff Preble-Rish Haiti, S.A. (“Preble-Rish”) and BNC do not dispute the propriety of BNC’s intervention in this action, they dispute (1) whether the funds in the BNC Accounts are immune from attachment under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §1609, and (2) whether either defendant has an interest in, or claim to the funds contained within the BNC Accounts as required for a proper Rule B attachment. The Court concludes that the attached BNC Accounts and the funds therein (1) constitute property in the United States of a foreign state, (2) do not fall under the exceptions enumerated in sections 1610 and 1611 of the FSIA and (3) are therefore immune from attachment under the FSIA. 28 U.S.C. §1609. The Court also concludes that Rule B attachment of the BNC Accounts is separately improper because there is insufficient evidence that the accounts and funds therein belong to the defendants in this action. The Court will grant BNC’s unopposed motion to intervene, grant its motion to vacate the maritime attachment of both the BNC Mellon Account and BNC RJAI Account, and deny Preble-Rish’s request for additional discovery regarding the BNC Mellon Account and BNC RJAI Account. BACKGROUND Preble-Rish brought this action seeking a Rule B maritime attachment in aid of an arbitration against defendants Republic of Haiti and Bureau de Monétisation des Programmes d’Aide au Développement (“BMPAD”), a Haitian governmental agency. The details of the underlying arbitration dispute between Preble-Rish and the defendants in this action have been laid out in prior Court orders, and familiarity with the Court’s orders in the three related actions before the Court is presumed.1 BNC, which is not a party to the present action, is a commercial bank created by the Haitian Legislative Chamber and is a legally distinct and autonomous entity owned wholly by Haiti. (Pierre-Louis Decl. of June 2, 2022
