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Question
In Dole Food Company v. Dead Sea Bromine Co. and Bromine Compounds, Ltd., the court interpreted the Foreign Sovereign Immunities Act to determine the statutory requirements regarding when a foreign owned subsidiary is entitled to instrumentality status and is therefore afforded immunity. They stated that:A.Only direct ownership of a majority of shares by the foreign state satisfies the statutory requirements.
B.The statutory requirement is met if there is only one layer between the foreign state and the subject company and the foreign state owns a majority of the top layer company's shares.
C.Instrumentality status is afforded the subject company if its charter is with the foreign state regardless of stock ownership.
D.Instrumentality status is afforded the subject company if its charter is with the foreign state and a citizen of that foreign state is the majority share holder.
Answer
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