(Slip Opinion) OCTOBER TERM, 2018 1

(Slip Opinion) OCTOBER TERM, 2018 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus JAM ET AL. v. INTERNATIONAL FINANCE CORP. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 17-1011. Argued October 31, 2018—Decided February 27, 2019 In 1945, Congress passed the International Organizations Immunities Act (OTA), which, among other things, grants international organi- zations the “same immunity from suit ... as is enjoyed by foreign governments.” 22 U.S.C. §288a(b). At that time, foreign govern- ments were entitled to virtually absolute immunity as a matter of in- ternational grace and comity. In 1952, the State Department adopt- ed a more restrictive theory of foreign sovereign immunity, which Congress subsequently codified in the Foreign Sovereign Immunities Act (FSIA), 28 U.S. C. §1602. The FSIA gives foreign sovereign gov- ernments presumptive immunity from suit, §1604, subject to several statutory exceptions, including, as relevant here, an exception for ac- tions based on commercial activity with a sufficient nexus with the United States, §1605(a)(2). Respondent International Finance Corporation (IFC), an IOJA in- ternational organization, entered into a loan agreement with Coastal Gujarat Power Limited, a company based in India, to finance the con- struction of a coal-fired power plant in Gujarat. Petitioners sued the IFC, claiming that pollution from the plant harmed the surrounding air, land, and water. The District Court, however, held that the IFC was immune from suit because it enjoyed the virtually absolute im- munity that foreign governments enjoyed when the IOIA was enact- ed. The D. C. Circuit affirmed in light of its decision in Atkinson v. Inter-American Development Bank, 156 F. 3d 1335. Held: The IOJA affords international organizations the same immunity from suit that foreign governments enjoy today under the FSIA. Pp. 6-15. (a) The IOIA “same as” formulation is best understood as making international organization immunity and foreign sovereign immunity HOUSE_OVERSIGHT_028540