Commonwealth Numbered Acts

FOREIGN STATES IMMUNITIES ACT 1985 No. 196 of 1985 - SECT 11

11. (1) A foreign State is not immune in a proceeding in so far as the
proceeding concerns a commercial transaction.

(2) Sub-section (1) does not apply -

   (a)  if all the parties to the proceeding -

        (i)    are foreign States or are the Commonwealth and one or more
               foreign States; or

        (ii)   have otherwise agreed in writing; or

   (b)  in so far as the proceeding concerns a payment in respect of a grant,
        a scholarship, a pension or a payment of a like kind.
(3) In this section, "commercial transaction" means a commercial, trading,
business, professional or industrial or like transaction into which the
foreign State has entered or a like activity in which the State has engaged
and, without limiting the generality of the foregoing, includes -

   (a)  a contract for the supply of goods or services;

   (b)  an agreement for a loan or some other transaction for or in respect of
        the provision of finance; and

   (c)  a guarantee or indemnity in respect of a financial obligation, but
        does not include a contract of employment or a bill of exchange.