Supreme Court opinion on International Organizations Immunities Act and IFC immunity

Cite as: 586 U.S. (2019) 1 Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash- ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. SUPREME COURT OF THE UNITED STATES No. 17-1011 BUDHA ISMAIL JAM, ET AL., PETITIONERS v. INTERNATIONAL FINANCE CORPORATION ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT [February 27, 2019] CHIEF JUSTICE ROBERTS delivered the opinion of the Court. The International Organizations Immunities Act of 1945 grants international organizations such as the World Bank and the World Health Organization the “same im- munity from suit ... as is enjoyed by foreign govern- ments.” 22 U.S.C. §288a(b). At the time the IOIA was enacted, foreign governments enjoyed virtually absolute immunity from suit. Today that immunity is more lim- ited. Most significantly, foreign governments are not immune from actions based upon certain kinds of commer- cial activity in which they engage. This case requires us to determine whether the IOIA grants international organi- zations the virtually absolute immunity foreign govern- ments enjoyed when the IOIA was enacted, or the more limited immunity they enjoy today. Respondent International Finance Corporation is an international organization headquartered in the United States. The IFC finances private-sector development projects in poor and developing countries around the world. About 10 years ago, the IFC financed the construc- HOUSE_OVERSIGHT_028543