Second Circuit: Ashim Khattri Chettri, et al. v. Nepal Rastra Bank, et al.


FISA

When a foreign bank that is an instrument of the foreign sovereign freezes an account acting while acting in its governmental/regulatory capacity, the commercial exception to FISA isn't a basis for jurisdiction.

Freezing of account didn't happen in US, didn't have sufficient direct effects in US.

Routine law-enforcement freezing of funds doesn't rise to the level of a taking without compensation in violation of international law.

 Ashim Khattri Chettri, et al. v. Nepal Rastra Bank, et al.
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