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The Civil Division, with more than 1,000 attorneys and 14 litigating components, represents the United States, its departments and agencies, Member of Congress, Cabinet officers and other Federal employees.
Incumbent serves as Director in the Office of Foreign Litigation in the Commercial Litigation Branch, Civil Division. It is the Office's responsibility to attend to all proceedings in foreign tribunals instituted by or against the United States; to provide legal representation to law enforcement officers of the United States who are sued abroad criminally as a result of their official acts; when authorized, to provide representation to other officials and employees of the United States when sued personally for activities taken within the scope of their official duties; advise other Department of Justice components regarding the assertion of sovereign immunity in suits against foreign officials and foreign states in American courts; to advise Department of Justice components on domestic cases turning on questions of foreign and international law; to provide international judicial assistance to foreign and international tribunals under 28 U.S.C. 1696, 1782, and governing treaties; to advise agencies, departments and offices of the United States regarding potential litigation issues that might arise in foreign jurisdictions for activities in foreign countries; and to serve as Central Authority for treaties relating to international judicial assistance in civil or commercial matters. In its capacity as Central Authority, the office is referred to as the Office of International Judicial Assistance.
The incumbent selects and retains foreign counsel for the purpose of representing the Government in foreign litigation; obtains from the Governmental agencies whose activities generate litigation abroad the relevant background and evidentiary materials and instructs foreign counsel as to the handling of civil and criminal, affirmative and defensive, litigation in foreign courts; advises foreign counsel on governing provisions of United States law; briefs foreign counsel on current trends in international law regarding the suability of foreign states and instructs them on relevant provisions of international law and applicable international agreements. Negotiates extrajudicial settlements of imminent litigation abroad.
The incumbent supervises the activities of the office as Central Authority for three international multilateral conventions dealing with international judicial assistance in civil or commercial matters. In that capacity, the office receives requests for international judicial assistance seeking evidence from persons or entities within the United States and received from foreign governments pursuant to The Hague Evidence Convention or through diplomatic channels. Under the incumbent's supervision, letters of request are assigned to the United States Attorneys for handling and the execution of such requests is subject to close oversight by the office. The incumbent also directly supervises the contractor hired by the Department of Justice to receive and execute all foreign requests for service of process pursuant The Hague Service Convention, the Inter-American Convention on Letters Rogatory and Additional Protocol, or received through diplomatic channels. The incumbent ensures that in carrying out its duties, the contractor strictly follows the requirements of the contract, our treaty obligations as well as the laws and procedures of the United States. As appropriate, the incumbent represents the U.S. Central Authority in international meetings, commissions and conferences.
Serves as a resource for the Departmnt of Justice and other federal agencies seeking international judicial assistance involving service of process and evidence gathering in foreign jurisdictions.
Drafts and comments on legislative proposals, draft treaties, and other international agreements, briefs, and reports involving international or comparative law questions. Provides legal advice regarding international or comparative law to other components of the Department of Justice as well as offices, agencies and departments of the United States.