---
kind: "section"
citation: "28 U.S.C. § 1606"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "1606"
heading: "Extent of liability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/1606"
units:
  - "Part IV — Jurisdiction and Venue"
  - "Chapter 97 — Jurisdictional Immunities of Foreign States"
---

# §1606. Extent of liability


As to any claim for relief with respect to which a foreign [state](/usc/28/1451.md?p=2) is not entitled to immunity under section [1605](/usc/28/1605.md) or [1607](/usc/28/1607.md) of this chapter, the foreign [state](/usc/28/1451.md?p=2) shall be liable in the same manner and to the same extent as a private individual under like circumstances; but a foreign [state](/usc/28/1451.md?p=2) except for an agency or instrumentality thereof shall not be liable for punitive damages; if, however, in any case wherein death was caused, the law of the place where the action or omission occurred provides, or has been construed to provide, for damages only punitive in nature, the foreign [state](/usc/28/1451.md?p=2) shall be liable for actual or compensatory damages measured by the pecuniary injuries resulting from such death which were incurred by the persons for whose benefit the action was brought.


## Source credit

(Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 105–277, div. A, § 101(h) [title I, § 117(b)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–491; Pub. L. 106–386, div. C, § 2002(g)(2), formerly § 2002(f)(2), Oct. 28, 2000, 114 Stat. 1543, renumbered § 2002(g)(2), Pub. L. 107–297, title II, § 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.)

## Notes

### Editorial Notes

### Amendments

2000—Pub. L. 106–386, § 2002(g)(2), formerly § 2002(f)(2), as renumbered by Pub. L. 107–297, which directed repeal of section 101(h) [title I, § 117(b)] of div. A of Pub. L. 105–277, was executed by striking out “, except any action under section 1605(a)(7) or 1610(f)” after “punitive damages”, to reflect the probable intent of Congress. See 1998 Amendment note below.

1998—Pub. L. 105–277 inserted “, except any action under section 1605(a)(7) or 1610(f)” after “punitive damages”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1998 Amendment

Amendment by Pub. L. 105–277 applicable to any claim for which a foreign state is not immune under section 1605(a)(7) of this title arising before, on, or after Oct. 21, 1998, see section 101(h) [title I, § 117(c)] of Pub. L. 105–277, set out as a note under section 1610 of this title.

### Effective Date

Section effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as a note under section 1602 of this title.