On February 17, 2022, the Commission adopted a rule of agency procedure concerning foreign state respondents at the initiation of the enforcement process.
The adopted rule provides that the Commission’s Office of General Counsel (OGC) will notify the Office of the Legal Adviser at the Department of State (Department) when a foreign state, political subdivision of a foreign state, a head of state or other foreign official acting in his or her official capacity, or any agency or instrumentality of a foreign state is identified as a respondent in an enforcement matter.
The rule also provides that OGC will submit a simultaneous report to the Commission concerning any notification to the Department, will promptly inform the Commission of any subsequent communications between OGC and the Department, and will make a recommendation to the Commission within 45 days as to whether consultation with the Department is appropriate to obtain the Department’s views on any legal or factual questions.
The rule of agency procedure was published at 87 Fed. Reg. 11950 on March 3, 2022 and is effective immediately.