---
kind: "section"
citation: "28 U.S.C. § 1607"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "1607"
heading: "Counterclaims"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/1607"
units:
  - "Part IV — Jurisdiction and Venue"
  - "Chapter 97 — Jurisdictional Immunities of Foreign States"
---

# §1607. Counterclaims


In any action brought by a foreign [state](/usc/28/1451.md?p=2), or in which a foreign [state](/usc/28/1451.md?p=2) intervenes, in a court of the United States or of a [State](/usc/28/1451.md?p=2), the foreign [state](/usc/28/1451.md?p=2) shall not be accorded immunity with respect to any counterclaim—

- (a) for which a foreign [state](/usc/28/1451.md?p=2) would not be entitled to immunity under section [1605](/usc/28/1605.md) or [1605A](/usc/28/1605A.md) of this chapter had such claim been brought in a separate action against the foreign [state](/usc/28/1451.md?p=2); or
- (b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign [state](/usc/28/1451.md?p=2); 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](/usc/28/1451.md?p=2).

## 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.)

## Notes

### Editorial Notes

### Amendments

2008—Subsec. (a). Pub. L. 110–181 inserted “or 1605A” after “section 1605”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A 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.