Datasets:
title: 'House Oversight: Estate Documents (Nov 12) (HOUSE_OVERSIGHT_017855)'
source: 'House Oversight: Estate Documents (Nov 12)'
sourceUrl: https://www.justice.gov/epstein
date: '2026-01-01'
category: House Oversight
eftaNumber: HOUSE_OVERSIGHT_017855
ocrPages: 1
ocrChars: 3665
ocrElapsed: 0
parseTier: external-legacy
engine: engine undisclosed (ep-nov-12.greg.technology mirror)
externalSource: greg-ep-nov-12
externalLicense: not granted
externalCredit: ep-nov-12.greg.technology
externalUrl: https://ep-nov-12.greg.technology
790 349 FEDERAL SUPPLEMENT, 2d SERIES or created under the laws of a third coun- in partnership between these administra- try. tive parties and private institutions." PIF [121 In Dole Food, the Supreme Court Charter 12, at Berger Aff. Ex. 4B ("PIF held "that only direct ownership of a ma- Charter"); Affidavit of Abdallah Bin Ha- jority of shares by the foreign state satis- mad Al-Wohaibi 13, the Director of the fies the statutory requirement" outlined in Legal Department of the Ministry of Fi- § 1603(b). 538 U.S. at 474, 123 S.Ct. 1655. nance, at Berger Aff. Ex. 4 ("Al-Wohaibi Accordingly, the Kingdom of Saudi Ara- Aff."). Its board of directors are all Saudi bia's ownership of NCB must be direct for officials named in its charter, its employ- NCB to enjoy immunity under the FSIA. ees are civil servants, and the Ministry of That is, NCB will not be deemed an instru- Finance is responsible for its costs. Id. mentality of the Kingdom if the PIF, its 114, 8, 10; see also PIF Charter 114, 7. majority owner, is determined to be an Its board must submit an annual report to agency, instrumentality, or organ of the Saudi Arabia's Council of Ministers sum- Kingdom. See § 1603(b)(2) (stating agen- marizing its financial position and major cy or instrumentality is entity whose ma- operations. Al-Wohaibi Aff. I10. It has jority ownership interest is held by either no separate legal status from the Ministry the foreign state or a political subdivision of Finance. Id. I4. The PIF holds shares thereof); Filler v. Hanvit Bank, 378 F.3d of corporations and operational assets, 213 (2d Cir.2004) (holding an organ's own- "generally ... on behalf of the Ministry of ership of two banks did not, in turn, make Finance." Id. 19. It may be sued as a the banks organs or instrumentalities of department of the Ministry of Finance, foreign state); see also In re Ski Train and as such, the Ministry of Finance Fire in Kaprun, Austria, 198 F.Supp.2d would be named as the defendant. Id. 420, 426 (S.D.N.Y.2002) (holding ski resort 112. It funds investments on behalf of owner, which was owned in part by instru- the Kingdom and it provides financing mentality of Austrian government, was not terms for projects that commercial lenders instrumentality because it was not owned do not. Id. 15; Supplemental Al-Wohaibi directly by the state or a subdivision there- Aff. 11 8-10 (hereinafter "Supp. Al-Wohai- of); Hyatt Corp. v. Stanton, 945 F.Supp. bi Aff."). 675, 688 (S.D.N.Y.1996) (concluding "that corporations a majority of whose shares a. Status of the PIF are owned by agencies or instrumentalities of foreign states are not themselves agen- In Filler v. Hanvit Bank, a case with cies or instrumentalities"). Thus, NCB facts very similar to those presented here, must demonstrate that the PIF is the the Second Circuit reiterated Dole Food's equivalent of the Kingdom of Saudi Arabia requirement of direct ownership for instru- or a political subdivision thereof. mentality status. Two defendants were The PIF was established by Royal De- commercial banks majority-owned by the cree with the sole function of "financing Korean Deposit Insurance Corporation ... investments in productive projects of ("KDIC"), a "governmental institution" a commercial nature whether they belong run by the Korean Ministry of Finance to the Government or the industrial lend- and the Economy of the Republic of Ko- ing institutions connected to it or to its rea. Filler, 378 F.3d at 215-16. In deter- public corporations and whether these mining if KDIC was an organ of Korea, projects are undertaken independently or the court considered several factors: HOUSE_OVERSIGHT_017855