Phaneuf

MEMORANDUM ***

Curtis A. Phaneuf appeals the judgment of the district court granting the Rule 12(b)(1) motion to dismiss filed by the Government of Indonesia, the Republic of Indonesia Defense Security Council (the “NDSC”), and Ambassador H.A. Mawardi (collectively, “Indonesia”). On remand from this court, see Phaneuf v. Republic of Indonesia, 106 F.3d 302 (9th Cir.1997) (“Phaneuf 7”), the district court held that the issuers of certain promissory notes (the “NDSC notes”) did not have the actual authority to issue them, that the creation of the notes was not a “commercial activity of a foreign state,” and that the court therefore lacked subject-matter jurisdiction under the Foreign Sovereign Immunity Act (“FSIA”)’s commercial activity exception. See 28 U.S.C. § 1605 (a)(2). The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary.

I

In Phaneuf I, we instructed the district court as follows: “[A]n agent must have acted with actual authority in order to invoke the commercial activity exception against a foreign state. We express no opinion as to whether the issuers of the NDSC notes or Ambassador Mawardi act *650 ed with actual…