Under the Foreign Sovereign Immunities Act (FSIA), when does personal jurisdiction exist over a foreign defendant?

The Foreign Sovereign Immunities Act (FSIA) establishes the framework for determining when a foreign state can be sued in U.S. courts. Personal jurisdiction over a foreign defendant exists when there is a statutory immunity exception under the FSIA and proper service of legal documents is executed. This means that if the situation involves one of the enumerated exceptions—such as engaging in commercial activity with a sufficient connection to the United States—and the defendant has been properly served according to legal requirements, then personal jurisdiction is established.

In this context, the requirement for an exception to immunity is critical because, generally, foreign sovereigns are immune from the jurisdiction of U.S. courts unless a specific legal exception applies. Additionally, proper service ensures that the foreign defendant is adequately notified of the proceedings, which is a fundamental aspect of due process.

While the other options may touch on relevant aspects of jurisdiction in general, they do not specifically address the criteria set forth by the FSIA. For instance, a minimum contacts analysis is typically related to personal jurisdiction over private parties rather than sovereign entities. Similarly, the status of the defendant as a corporation does not directly influence the application of the FSIA, nor does a voluntary appearance alone constitute grounds for establishing personal jurisdiction under the FSIA