What question did this study set out to answer?

The aim is to clarify the applicability of the Foreign Sovereign Immunities Act in criminal cases involving state entities.

February 25, 2026International Legal Materials0 citationsOpen Access

Türkiye Halk Bankasi A.S. v. U.S. (U.S. Sup. Ct. and 2D Cir.)

WDWilliam S. Dodge

Key Points

The aim is to clarify the applicability of the Foreign Sovereign Immunities Act in criminal cases involving state entities.
Reviewed the text and structure of the Foreign Sovereign Immunities Act.
Analyzed case precedents prior to 1976.
Deferral to the Executive Branch's decision regarding prosecution.
The Supreme Court found FSIA only applies to civil actions.
The Second Circuit ruled that state-owned corporations have no common-law immunity for commercial activities.
The Supreme Court denied certiorari in October 2025, concluding the case.

Abstract

Abstract In Türkiye Halk Bankasi A.S. v. United States , the Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal prosecutions of foreign state instrumentalities. The Court found that FSIA’s text and structure address only civil actions. On remand, the Second Circuit ruled that Halkbank lacked common-law immunity from criminal prosecution, deferring to the Executive Branch’s decision to prosecute and concluding that state-owned corporations enjoy no immunity for commercial activity under common law. The court’s analysis relied primarily on pre-1976 U.S. cases rather than international law. The Supreme Court denied certiorari in October 2025, ending the immunity dispute.

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