28 USC § 1607 - Counterclaims

---
identifier: "/us/usc/t28/s1607"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 1607 - Counterclaims"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "1607"
section_name: "Counterclaims"
chapter_number: 97
chapter_name: "JURISDICTIONAL IMMUNITIES OF FOREIGN STATES"
part_number: "IV"
part_name: "JURISDICTION AND VENUE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 110–181, div. A, title X, § 1083(b)(2), Jan. 28, 2008, 122 Stat. 341.)"
---


# § 1607. Counterclaims

In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—

**(a)** for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or

**(b)** arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or

**(c)** to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.

---

**Source Credit**: (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 110–181, div. A, title X, § 1083(b)(2), Jan. 28, 2008, 122 Stat. 341.)

## Editorial Notes

### Amendments

2008—Subsec. (a).  inserted “or 1605A” after “section 1605”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

For applicability of amendments by  to pending cases, see , set out as an Effective Date note under .

### Effective Date

Section effective 90 days after , see , set out as a note under .