Also known as:foreign country · foreign nations · foreign states
Written by attorneys · grounded in primary & secondary sources — see below
An independent sovereign nation other than the United States. The phrase identifies jurisdictions whose laws, governments, or citizens trigger distinct rules for commerce regulation, jurisdictional citizenship, support orders, and judicial authority.
Sources & Authorities
How it applies
Common Examples
6
Congress Regulates Trade
Flagship Logistics ships goods from ports in a foreign country to U.S. buyers. Congress imposes a uniform duty on the imports under its commerce power. The duty applies equally to all such shipments regardless of the specific foreign country involved.
Diversity Citizenship Determined
Ferrum Metals is incorporated in a foreign country and maintains its headquarters there. When sued in federal court by a U.S. citizen, the court treats the company as a citizen of that foreign country for diversity purposes based on its nerve center.
Support Order Enforced
Francisco Frost obtains a child-support order from a tribunal in a foreign country. The order remains enforceable in a U.S. state court after registration because the issuing jurisdiction qualifies as a foreign country under the uniform act.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Restatements
Casebooks
Federal Jurisdiction Extends
Fulton Shipping, a U.S. firm, sues a foreign country in federal court over a maritime contract dispute. The court exercises jurisdiction because the controversy involves a foreign state as expressly authorized by the Constitution.
Confession Standards Compared
Frederick Ferguson is questioned abroad by foreign police using procedures that differ from U.S. requirements. The court evaluates the confession's voluntariness by reference to the foreign country's legal standards on custodial interrogation.
Miranda v. Arizona384 U.S. 436 (1966)
Prize Law Applied
Floyd Franklin's vessel carrying cargo from a foreign country is seized at the outbreak of hostilities. The court applies prize rules that distinguish treatment of goods owned by merchants domiciled in the foreign country from those merely visiting its ports.
Brown v. United States12 U.S. 110 (1814)
Common questions
Frequently Asked
4
How does the phrase affect corporate citizenship for diversity jurisdiction?+
A corporation is a citizen of every foreign country in which it is incorporated and the foreign country where its nerve center is located. This dual citizenship can destroy complete diversity when opposing parties are citizens of the same foreign country.
Supporting sources
When may a will executed in a foreign country be probated in a U.S. state?+
A written will is valid if its execution complies with the law of the foreign country where it was executed or with the law of the testator's nationality. Compliance with either source satisfies the choice-of-law rule for formal validity.
Supporting sources
Does the phrase limit the President's recognition power?+
The power to recognize foreign countries and their governments belongs exclusively to the President. Congressional statutes attempting to dictate recognition of a particular foreign country as the place of birth on passports are unconstitutional.
Supporting sources
How does the phrase interact with the Commerce Clause?+
Congress holds power to regulate commerce with foreign countries. This authority permits uniform duties and trade rules that apply equally across all foreign countries without violating the uniformity requirement.
Supporting sources
384 U.S. 436 (1966)Evidence
…suspect than the FBI warning, making no mention of appointed counsel. Developments, supra , n. 2, at 1084-1089. The law of the foreign countries described by the Court also reflects a more moderate conception of the rights of the accused as against those of society when other data are considered. Concededly, the English experience…