Whether a foreign state has engaged in commercial activity under the Foreign Sovereign Immunities Act

QUESTIONS PRESENTED 1. Whether a foreign state that makes a legal claim to a yacht, participates extensively in the sale of the yacht, and stands to benefit financially from that sale has engaged in “commercial activity” within the meaning of the Foreign Sovereign Immunities Act (“FSIA”). 2. Whether a foreign state claiming immunity under the FSIA or its adversary bears the ultimate burden of proof on the question of immunity.