Türkiye Halk Bankasi A.S. v. U.S. (U.S. Sup. Ct. and 2D Cir.)

Abstract In Türkiye Halk Bankasi A.S. v. United States , the Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal prosecutions of foreign state instrumentalities. The Court found that FSIA’s text and structure address only civil actions. On remand, the Second Circuit ruled that Halkbank lacked common-law immunity from criminal prosecution, deferring to the Executive Branch’s decision to prosecute and concluding that state-owned corporations enjoy no immunity for commercial activity under common law. The court’s analysis relied primarily on pre-1976 U.S. cases rather than international law. The Supreme Court denied certiorari in October 2025, ending the immunity dispute.