7 FAM 970
SUITS AGAINST THE U.S. GOVERNMENT AND/OR U.S. GOVERNMENT
EMPLOYEES
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 971 SUITS AGAINST U.S. GOVERNMENT
7 FAM 971.1 Service of Process on U.S. Embassy or Consulate in Connection With Suits in Foreign Courts
(CT:CON-800; 04-04-2018)
a. Service of process in a suit against the U.S.
government abroad can be made only in the following ways:
(1) Pursuant to applicable international convention.
See section 7
FAM 953.4; or
(2) By delivery to the Department of State through the
diplomatic channel by the embassy of the foreign state in Washington DC (L-H/EX) is the only office with authority to
receive service for the Department; see 2 FAM); or
(3) Any delivery to a U.S. embassy through the
diplomatic channel by the foreign ministry of the foreign state.
b. The U.S. embassy or consulate should report
immediately to the Department (L/DL; See 2 FAM) any service pursuant to 7 FAM 971.1 a
(3) or any other attempt of service of process on an embassy or consulate.
c. Should service abroad upon the United States be
attempted by any other method (such as delivery to the embassy or consulate by
private process server, or by local mail), the post immediately should return
the service documents (originals) to the issuing court under cover of a brief
letter. The letter should explain the posts lack of authority to accept
service on behalf of the United States except as described in section 7 FAM 971.1 a.
Transmit copies of the cover letter and service documents to the Ministry of
Foreign Affairs in the host country under cover of an appropriate diplomatic
note. Notify the Department (L/DL), by telegram at once of the potential litigation.
(See 2 FAM).
d. Service of process on the Department and its
employees in their official capacity in connection with suits in U.S. courts
must be made on L/EX. In the event post or post officers are served in
connection with such litigation, seek guidance from the appropriate section of
the Legal Advisers Office (L).
7 FAM 971.2 Retaining Local Counsel
To Represent United States Abroad in Suit Before Foreign Court
(CT:CON-127; 01-26-2006)
a. Under 28 CFR 0.46, the Assistant Attorney General in
charge of the Civil Division of the Department of Justice shall direct all
civil litigation, including claims by or against the United States, its
agencies, or officers in domestic or foreign courts, special proceedings, and
similar civil matters not otherwise assigned. Under 28 CFR 0.45, the Attorney
General also shall employ foreign counsel to represent before foreign criminal
courts, commissions, or administrative agencies, officials of the Department of
Justice and all other law enforcement officers of the United States who are
charged with violations of foreign law as a result of acts which they perform
in the course and scope of their Government service.
b. This responsibility has been delegated to the Office
of Foreign Litigation in the Civil Division of the Department of Justice
(OFL). In accordance with 2 FAM guidelines, consular or administrative
officers should submit formal requests for retention of a foreign attorney to
the Department (L/DL) for referral to OFL. (See 2 FAM for the elements to
include in such a request. For additional guidance, see 22 U.S.C. 2698(a)).
7 FAM 971.3 Tort Claims Against United States
(CT:CON-127; 01-26-2006)
2 FAM provides an extensive discussion of the authority
for action and the procedures to be followed in tort claims against the United States.
7 FAM 972 SUITS AGAINST CONSULAR
OFFICERS, FOREIGN SERVICE NATIONAL EMPLOYEES, OR CONSULAR AGENTS
7 FAM 972.1 Official Capacity
(CT:CON-127; 01-26-2006)
a. If a consular officer or any other U.S.
official at post, foreign service national employee, or consular agent is
served with process in a suit in the United States or in a foreign court which
involves any matter arising out of the performance of official duty, notify the
Department (L/DL) by telegram.
b. 2 FAM provides guidelines on when and how the Department
of Justice (DOJ) will represent Federal employees.
7 FAM 972.2 Private Capacity
(CT:CON-127; 01-26-2006)
2 FAM provides instructions about reporting requirements
on litigation in foreign courts that involves a U.S. employee in a private
capacity.
7 FAM 973 THROUGH 979 UNASSIGNED