Also known as: foreign law · foreign corporation
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing a person, entity, or matter originating from or relating to a country or jurisdiction other than the domestic one under consideration.
Forrest Falconer ships electronics from abroad into multiple states. Congress imposes a duty on the imports that applies equally in every state. The uniformity requirement is satisfied because the duty treats all domestic ports the same regardless of the foreign origin of the goods.
Faye Fuller, a foreign manufacturer, ships components that reach the forum state through distributors. The plaintiff sues in that state for injuries caused by a defective part. Jurisdiction fails because mere awareness that goods might arrive in the forum does not constitute purposeful targeting by the foreign defendant.
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Farid Farahani incorporates Fidelity Trust in a foreign country and maintains its headquarters there. A diversity suit is filed against the corporation in federal court. The corporation is treated as a citizen of the foreign country for jurisdictional purposes because both its place of incorporation and its nerve center lie abroad.
Felix Franco, an attorney for the government, needs help analyzing documents seized from a foreign government official. He discloses grand jury material to personnel from that foreign government. The disclosure is permitted solely to assist enforcement of federal criminal law and may be used only for that purpose.
Ferrum Metals agrees to deliver steel to a buyer but a foreign governmental order bans the export. Performance becomes impracticable because of the order. The order qualifies as an event whose non-occurrence was a basic assumption of the contract, discharging the seller's duty.
Fusion Power contracts to sell turbines but a foreign regulation prohibits shipment. The seller notifies the buyer promptly and allocates available units among customers. The regulation excuses the seller from breach because compliance with the foreign order made performance impracticable.
The Constitution grants Congress authority to regulate commerce with foreign nations. This power is distinct from regulation of commerce among the states and supports uniform national policy toward external trade.
Mere placement of goods in the stream of commerce, even with knowledge they may reach the forum, does not alone establish jurisdiction over a foreign corporation. The defendant must have purposefully targeted the specific forum state.
A corporation is a citizen of every state and foreign state where it is incorporated and of the state or foreign state where it maintains its principal place of business. This dual-citizenship rule determines whether complete diversity exists.
Disclosure is allowed when the attorney for the government determines the foreign personnel are necessary to assist in enforcing federal criminal law. The recipient may use the information only for that limited purpose.
Compliance with a foreign governmental regulation or order that renders performance impracticable discharges the duty when the order's non-occurrence was a basic assumption of the contract.
…upon this subject. The first act, passed 27 July 1789, established an executive department denominated the Department of Foreign Affairs and appointed a principal officer to perform duties enjoined or intrusted to him by the President relative to correspondences, commissions, instructions, negotiations with public…