for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or
arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or
to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.
(Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 110–181, div. A, title X, § 1083(b)(2), Jan. 28, 2008, 122 Stat. 341.)
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