Page:Republic of Sudan v. Rick Harrison.pdf/13

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REPUBLIC OF SUDAN v. HARRISON

Opinion of the Court

section of a statute but omits it in another.” Department of Homeland Security v. MacLean, 574 U. S. ___, ___ (2015) (slip op., at 7). Because Congress included the “reasonably calculated to give actual notice” language only in §1608(b), and not in §1608(a), we resist the suggestion to read that language into §1608(a). Second, “we are hesitant to adopt an interpretation of a congressional enactment which renders superfluous another portion of that same law.” Mackey v. Lanier Collection Agency & Service, Inc., 486 U. S. 825, 837 (1988). Here, respondents encounter a superfluity problem when they argue that the “addressed and dispatched” clause in §1608(a)(3) gives effect to the Mullane due process standard. They fail to account for the fact that §1608(b)(3)(B) contains both the “addressed and dispatched” and “reasonably calculated to give actual notice” requirements. If respondents were correct that “addressed and dispatched” means “reasonably calculated to give notice,” then the phrase “reasonably calculated to give actual notice” in §1608(b)(3) would be superfluous. Thus, as the dissent agrees, §1608(a)(3) “does not deem a foreign state properly served solely because the service method is reasonably calculated to provide actual notice.” Post, at 2 (opinion of Thomas, J.).

2

Section 1608(b)(2) similarly supports our interpretation of §1608(a)(3). Section 1608(b)(2) provides for delivery of a service packet to an officer or a managing or general agent of the agency or instrumentality of a foreign state or “to any other agent authorized by appointment or by law to receive service of process in the United States.”

This language is significant for three reasons. First, it expressly allows service on an agent. Second, it specifies the particular individuals who are permitted to be served as agents of the recipient. Third, it makes clear that service on the agent may occur in the United States if an