Brief Fact Summary. The instruction Daza (D) gave a Philippine bank, which was “not to a letter of credit issued by the Republic of the Philippine to Chuidian (P) was the basis for Chuidian (P) suit against Daza(D).
Synopsis of Rule of Law. As contained in the Foreign Sovereign Immunities Act of 1979 (FSIA), foreign officials who are acting in an official capacity can claim sovereign immunities.
Government instrumentalities established as juridical entities distinct and independent from their sovereign should normally be treated as such.
View Full Point of LawIssue. As contained in the Foreign Sovereign Immunities Act of 1979, can foreign officers who are acting under official capacities claim sovereign immunities?
Held. As contained in the Foreign Sovereign Immunities Act of 1979, can foreign officers who are acting under official capacities claim sovereign immunities?
Discussion. This decision has been accepted by most courts. Based on the involvement of human abuses, some courts have denied immunity under the Alien Tort Act. The State Department had the responsibility of deciding such issues before the FSIAÂ was enacted.