Order Restricting Certain Immunity In Relation to the United States

Order Restricting Certain Immunity In Relation to the United States Whereas the Foreign Sovereign Immunities Act of 1976 of the United States, of October 21, 1976 (28 U.S.C.) does not accord immunity to an agency or instrumentality of a foreign state that is a separate legal person, unless a majority of its shares or other ownership interest is owned by the foreign state or a political subdivision of the foreign state; And whereas the Governor in Council is of the opinion that the immunity under the State Immunity Act, in relation to the United States, exceeds the immunity accorded by the Foreign Sovereign Immunities Act of 1976 of the United States, of October 21, 1976 (28 U.S.C); Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 15a of the State Immunity Act, hereby makes the annexed Order Restricting Certain Immunity In Relation to the United States. S.C. 1995, c. 5, par. 25(1)(z.3) The immunity accorded under the State Immunity Act, in relation to the United States, shall not extend to a legal entity, whether or not it is a corporate entity, wherever registered, that is acting on behalf of, on instructions from or at the request of the United States, unless a majority of the shares or other ownership interest of the legal entity is owned by the United States or a political subdivision of the United States. This Order comes into force on February 18, 1997.