Whether a 'foreign state' lacks immunity from U.S. jurisdiction under the FSIA if either U.S.-nexus test is met or only if the first U.S.-nexus test involving property location is satisfied

Under the Foreign Sovereign Immunities Act (“FSIA”), a “ foreign state shall not be immune from the jurisdiction of courts of the United States” for suits involving the unlawful expropriation of property if one of two U.S.-nexus tests is met. 28 U.S.C. § 1605(a)(3) (emphasis added). Either “that property or any property exchanged for such property ”: (1) “is present in the United States in connection with a commercial activity carried on in the United States by the foreign state,” or it (2) “is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.” Id. The question presented is whether a “foreign state” lacks immunity from U.S. ju risdiction under the FSIA if either U.S.-nexus test is met or whether, as the D.C. Circuit holds, a “foreign state” loses its immunity only if the first U.S.-nexus test is met—i.e. , if the expropriated property, or property exchanged for it, is found in the United States. (ii)