Taiwan

We must decide whether the United States courts have jurisdiction to hear claims brought by a participant in a cultural tour organized and operated by a foreign government in its own country.

I

On August 8,1993, Peter Sun, an American student of Taiwanese descent, drowned off the coast of Ken-Ting National Park in Taiwan where he was participating in a cultural tour sponsored by the government of Taiwan. His family (“the Suns”) brought a wrongful death action against Taiwan, Taipei Economic and Cultural Representative Office (“TECRO,” formerly Coordination Counsel for North American Affairs (“CCNA”)), Overseas Chinese Affairs Commission (“OCAC”), and Chinese Youth Corps (“CYC”) (collectively “Taiwan”) in district court alleging jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330 ,1602 et seq. (“FSIA”). '

Since 1967, Taiwan has organized and sponsored a summer-long study tour for youth of Taiwanese descent (the vast majority of whom have been American) to promote understanding of Chinese culture and history. In exchange for $400, Taiwan provided classes in Chinese language and culture, tours, sightseeing trips, room, and board. The promotional and…