When answering whether property is used for commercial purposes under the FSIA, the analysis should examine the totality of the circumstances surrounding the property. This should include examination of uses of the property in the past as well as facts related to its present use, with an eye toward determining whether the commercial use of the property, if any, is so exceptional that it is"an out of characterfor that particular property.
October 04, 2004 at 12:00 AM
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