Export-Import Bank of the Republic of China v. Grenada, No. 12-2619 (2d Cir. 2014)Annotate this Case
This appeal concerns Ex-Im Bank's efforts to execute on a $21 million judgment in its favor against Grenada. Grenada had waived its sovereign immunity from suit in federal court but, nonetheless, Ex-Im Bank has encountered obstacles in attempting to enforce the judgment in the United States under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602-1611. The court concluded that: the question whether the Grynberg Funds may be attached is moot because those funds have already been disbursed; the district court properly vacated the restraining notices against the Restrained Entities because, with one possible exception, the Restrained Funds are not "used for commercial activity in the United States"; and because the record does not provide an adequate basis to determine whether the IATA Funds are used for commercial activity in the United States and whether they belong to Grenada, the court vacated the denial of post-judgment discovery to these funds, and remanded for the district court to reassess whether to permit further discovery. Accordingly, the court dismissed in part, affirmed in part, vacated in part, and remanded.