The Justice Against Sponsors of Terrorism Act (JASTA) attempts to enhance the effectiveness of U.S. efforts at combatting terrorism and combatting terrorist financing by making those who provide financial support to foreign terrorist organizations liable for their conduct. JASTA essentially makes two changes to Federal law. First, it amends the Foreign Service Immunities Act to add the existing exceptions to the foreign sovereign immunity and exception for terrorist attacks that cause physical injury or death in the United States. Under current law, there appears to be some confusion or disagreement in the courts as the whether the Foreign Sovereign Immunity Acts tort exception waives the immunity of foreign governments that provide material support to foreign terrorist organizations that cause damage in the United States. JASTA makes clear that a foreign government that aids and abets a foreign terrorist organization in carrying out a terrorist attack on U.S. soil will not be immune from the jurisdiction of our court. Second, JASTA amends the Antiterrorism Act to clarify that those who aid, abet, or conspire with a foreign terrorist organization are subject to civil liability. By making these two changes to existing law, JASTA seeks to ensure that those, including foreign governments, who sponsor terrorist attacks on U.S. soil are held fully accountable for their actions.
