Whether the standard for determining a foreign country's implied waiver of execution immunity under the Foreign Sovereign Immunities Act is an objective or subjective standard, and whether property used for commercial activity is subject to judgment execution despite circuit conflicts

QUESTIONS PRESENTED (CIRCUIT CONFLICT, MANDATE STAYED) Title 28 U.S.C. § 1610(a)(1) of the Foreign Sovereign Immunities Act provides that a foreign country which suffers a judgment against it may waive its immunity against execution on its property either explicitly or “by implication.” In an action to enforce a judgment against a foreign country under the Foreign Sovereign Immunities Act: 1. Is the standard for determining the foreign country’s implied waiver of its execution immunity under § 1610(a)(1) an objective standard or subjective standard — where the objective standard focuses on the reasonable objective appearance given by the foreign country’s conduct, in accord with the ordinary meaning of “implied waver” and Black’s Law Dictionary — while the subjective standard focuses solely on the foreign country’s subjective “intent”? (Circuit Conflict) 2. Is the property of a foreign country which is subject to judgment-execution defined by the judgment-execution statute or by court rulings which depart from the statute — where the judgment-execution statute allows execution against all “[t]he property in the United States of [the] foreign state ... used for a commercial activity in the United States” (28 U.S.C. § 1610(a)) — while court rulings in some Circuits restrict judgment-execution to the few items directly related to a plaintiff’s claim? (Circuit Conflict) 3. Are the equities of the case relevant to whether a foreign country has impliedly waived its execution immunity, or must a trial court totally disregard the equities in making a determination of implied waiver? u II. PARTIES TO THIS PROCEEDING As stated in the caption, Ricardo Devengoechea and Bolivarian Republic of Venezuela are the only parties to this proceeding. III.