Full opinion text
DECISION AND ORDER MARRERO, District Judge. Table of Contents Page I. BACKGROUND...........................................................463 A. THE WEININGER JUDGMENT.......................................463 B. THE McCarthy JUDGMENT.........................................466 C. JPM CHASE’S CROSS-MOTION FOR RELIEF IN THE NATURE OF INTERPLEADER...............................................467 II. STANDARD OF REVIEW .................................................467 III. DISCUSSION.............................................................467 A. ENFORCEABILITY OF THE WEININGER AND MCCARTHY JUDGMENTS ......................................................469 1. The Full Faith and Credit Doctrine...................................470 2. Recognition by Other Courts.........................................476 B. TRIA SECTION 201(a).................................................477 1. Subject Matter Jurisdiction..........................................477 2. TRIA § 201(a).....................................................479 a. A Judgment Against a Terrorist Party............................479 b. A Claim Based on an Act of Terrorism Or a Claim for Which the Terrorist Party Is Not Immune under § 1605(a)(7) ...............479 c. Blocked Assets.................................................480 d. Compensatory Damages.........................................480 e. Execution Upon the Assets of an Agency or Instrumentality of a Terrorist Party ..............................................481 (i) Placing TRIA in Context in the FSIA........................481 (ii) The Effect of TRIA upon Bancec............................483 3. Subject Matter Jurisdiction through Ancillary Jurisdiction...............489 4. Personal Jurisdiction................................................490 5. Whether the Assets Belong to Agencies or Instrumentalities of Cuba.....494 i. The EMTELCUBA Account............................494 ii. The AT & T Long Lines Account........................496 iii. The Rabinowitz Boudin Account.........................497 C. TURNOVER PURSUANT TO CPLR § 5225(b)...........................499 D. JPM CHASE’S MOTION FOR INTERPLEADER RELIEF...............499 1. Interpleader Relief.................................................499 2. Attorney’s Fees and Costs...........................................501 IV. ORDER..................................................................502 Plaintiffs Janet Ray Weininger (“Wein-inger”) and Dorothy Anderson McCarthy (“McCarthy”) (collectively, “Plaintiffs”) each filed motions for partial summary judgment for turnover orders pursuant to Federal Rules of Civil Procedure 13 and 69 and New York Civil Practice Law and Rules (“CPLR”) § 5225(b). Defendant JPMorgan Chase Bank, N.A. (“JPM Chase”) opposed Plaintiffs’ motions for summary judgment and cross-moved for discharge in interpleader, as well as discharge pursuant to CPLR §§ 5209 and 5239. Adverse claimant-respondents AT & T Corp. (“AT & T”) and Cuban American Telephone and Telegraph Company (“CATT”), a wholly-owned subsidiary of AT & T, opposed JPM Chase’s cross-motion for discharge in interpleader to the extent that such motion requested discharge of funds that AT & T and CATT claimed were the sole property of AT & T and/or CATT. The Court has reviewed the submissions from Plaintiffs, JPM Chase, AT & T and CATT, the amicus curiae submission from the Cuban Electric Company (“CEC”), and a letter dated January 6, 2006 from the U.S. Department of Justice, expressing the position of the United States in this matter. Plaintiffs seek an order directing turnover of certain funds held by garnishees JPM Chase and Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., (“Rabinowitz Boudin”) (collectively, “Garnishees”). Specifically, Plaintiffs seek turnover of funds in the following accounts: (i) AT & T Long Lines (Account No. G00875) (hereinafter the “AT & T Long Lines Account”) (of which CATT claims ownership of $6,332,843.49, which amount (and interest thereon) has been voluntarily exempted by Petitioners from the scope of the requested order); (ii) Rabinowitz Boudin Republic of Cuba (Account No. 092-6371190) (hereinafter the “Rabinowitz Boudin Account”); and (iii) Empresa de Telecomunicaciones de Cuba (Account No. 395-507995) (hereinafter the “EMTELCUBA Account”) (collectively the “Accounts”). The funds sought were blocked by the United States pursuant to the Cuban Assets Control Regulations (“CACR”), 31 C.F.R. Part 515, as authorized by Trading with the Enemy Act, 50 U.S.C.App. §§ 1-44, as sanctions against Cuba in response to the expropriation of Americans’ property in Cuba. None of the judgment debtors has appeared at any stage of these proceedings. Additionally, Rabinowitz Boudin has not appeared in this action. I. BACKGROUND A. THE WEININGER JUDGMENT Weininger, invoking amendments to the Foreign Sovereign Immunities Act (“FSIA”) that removed the immunity of foreign countries from suits in United States courts for certain state-sponsored wrongful conduct, see 28 U.S.C. § 1605(a)(7), obtained a default judgment in Florida state court against the Republic of Cuba, Fidel Castro, Raul Castro, and the Army of the Republic of Cuba. Weininger’s Florida action was grounded on the death of her father, Thomas Willard Ray, who was killed by Cuban soldiers during events surrounding the Bay of Pigs invasion by Cuban exiles and their supporters in 1961. Weininger’s default judgment was rendered by the Circuit Court for the Eleventh Judicial Circuit in and for Miami-Dade County (the “Florida Circuit Court”) on June 15, 2005. See Weininger v. Castro, No. 03-22920 CA 20 (Fla. Cir. Ct., 11th Cir., Miami-Dade Cty., June 15, 2005) (“Weininger Judgment”) (attached as Ex. B to Perkins Decl.). The amount of compensatory damages awarded by Wein-inger’s judgment is $23,939.301.95, including interest through December 27, 2005. Weininger commenced the instant litigation in state court by seeking summary judgment in lieu of complaint to domesticate the Florida state court judgment. On August 1, 2005, Weininger obtained an attachment order in New York State Supreme Court, New York County, directing the Sheriff of the City of New York to levy upon property held at JPM Chase as Garnishee in which the judgment debtors have an interest, naming specifically the three accounts mentioned above. On or about August 4, 2005, the sheriff levied upon JPM Chase, and in response, on August 11, 2005, JPM Chase served its garnishment statement pursuant to CPLR § 6219. In that statement, JPM Chase indicated that none of the accounts on its books had been opened in the name of any of the judgment debtors, but that the three specified accounts represented deposit debts owed to “agencies or instrumentalities” of the Republic of Cuba, and that the Republic of Cuba “may have an indirect or contingent interest” in the accounts. (Letter from JPM Chase to Sheriff, dated Aug. 11, 2005 (“JPM Chase Garnishee Statement”), attached as Ex. A to Perkins Decl.) JPM Chase further indicated that all such accounts were blocked pursuant to the Cuba Assets Control Regulations, 31 C.F.R. Part 515. JPM Chase removed the action to federal court on August 12, 2005, and on September 8, 2005 filed a third-party petition for interpleader relief against Weininger, McCarthy, and various other parties whom JPM Chase alleged may have an interest in the accounts. In particular, JPM Chase named (1) Rabinowitz Boudin in its capacity as alleged fiduciary in respect of the blocked Rabinowitz Boudin Account; (2) Banco Nacional de Cuba (“Banco Nacional”); (3) Empresa Cubana Exportadora de Alimentos y Productos Varios (“CUBAEXPORT”); (4) Empresa de Telecomunicaciones Internacionales de Cuba (“EMTELCUBA”); (5) Empresa de Radiocomunication y Difusión de Cuba (“RADIOCUBA”); (6) Empresa de Tele-comunicaciones de Cuba SA (“ETECSA”) (7) AT & T; and (8) CATT. JPM Chase served a summons, notice of petition and third-party petition on each of these adverse claimants. AT & T and CATT were served pursuant to agreement with counsel. (See Kerr Suppl. Decl. ¶¶ 19, 36.) Rabinowitz Boudin was served by hand on October 5, 2005. (See Kerr Suppl. Decl. ¶¶ 17, 34.) After being served with JPM Chase’s interpleader petition, Rabinowitz Boudin twice requested additional time to respond, first until October 31, 2005, then until November 4, 2005, and the parties so stipulated. (See Kerr Suppl. Decl. ¶¶ 18, 35.) To date, no response has been made by Rabinowitz Boudin to JPM Chase’s petition. JPM Chase served the alleged agencies and instrumentalities of Cuba, or entities sited only in Cuba (such as ETECSA), pursuant to § 1608(b)(3)(B) of the FSIA by causing the summons, notice of petition, and third-party petition, in English and Spanish, to be sent by the Clerk of Court by registered mail, return receipt requested, for delivery by the United States Postal Service. (See Kerr Suppl. Decl. ¶¶ 7-11, 26-29.) JPM Chase indicates that it supplemented this service, at least with respect to Banco Nacional, ETECSA, and RADIOCUBA, by DHL Worldwide Express through the Clerk of Court. (See Kerr Suppl. Decl. ¶¶ 13-16, 30-33, Exs. A(6), A(7), A(8), B(5), B(6), B(7), attached to same.) JPM Chase also served these papers on the defendants in the underlying Weininger and McCarthy actions — ie., the Republic of Cuba, Fidel Castro, Raul Castro, and the Army of the Republic of Cuba — by causing the summons, notice of petition, and third-party petition in English and Spanish to be sent by the Clerk of Court by registered mail, return receipt requested, for delivery by the United States Postal Service. (See Kerr Suppl Decl. ¶¶ 7, 12, 25, 29, Exs. A(4), A(5), B(3), B(4)). From the Supplemental Declaration alone it is unclear whether JPM Chase also served these judgment debtors by DHL: the exhibits indicate that JPM Chase requested that the Clerk of Court effect DHL service upon the defendants in the underlying action, and that DHL service was made upon “Ministerio de Relaciones Exteriores, Attention: Felipe Perez Rogue, Ministro,” but it is unclear which of the named judgment debtors or other agencies and instru-mentalities this service may refer to. (See Kerr Suppl. Deck ¶¶ 13-16, 30-33, Exs. A(6), A(7), A(8), B(5), B(6), B(7), attached to same.) However, the Court notes that JPM Chase has attempted to effect service of all papers in this litigation upon these judgment debtors by addressing these judgment debtors at such address. Weininger commenced a proceeding in this Court on November 2, 2005 against JPM Chase seeking turnover of the funds pursuant to the order of attachment. Weininger does not indicate that she served the judgment debtors with these papers pursuant to the FSIA, but instead provided notice according to CPLR § 5225(b) by serving copies by DHL. (See Perkins Deck ¶ 12.) By Order dated December 13, 2005, this Court consolidated Weininger’s attachment proceeding that had been removed to this court, Chase’s third-party petition, Weininger’s turnover proceeding, and McCarthy’s petition described below. By consent of the parties, Weininger’s turnover petition was deemed, pursuant to Federal Rules of Civil Procedure 13 and 18, to have been filed as a counterclaim to JPM Chase’s third-party petition for interpleader relief. In addition, by Order dated December 13, 2005, this Court granted Weininger’s motion for summary judgment in lieu of complaint domesticating the Florida state court judgment in New York, ordering that Weininger’s Florida judgment, “including all of the findings of fact and conclusions of law therein, ... is entitled to full faith and credit in New York” and directing the Clerk of Court to enter judgment as provided in the Florida judgment. (Docket No. 71.) On December 27, 2005, this Court entered a writ of execution with respect to Weininger’s judgment. On January 9, 2006, Weininger also filed a cross-claim against Rabinowitz Boudin for turnover of the funds in the Rabinowitz Boudin Account at JPM Chase. (See Perkins Deck ¶ 17.) Weininger served Rabi-nowitz Boudin by hand and mailed copies to the judgment debtors by DHL. (See id. ¶ 18.) Weininger now moves for a turnover order directing the Garnishees to relinquish funds from the Accounts. In response, JPM Chase cross-moved for inter-pleader relief. JPM Chase served its cross-motion for interpleader relief by DHL Air Mail upon ETECSA, EMTEL-CUBA, CUBAEXPORT, the Army of the Republic of Cuba, the Republic of Cuba, Raul Castro, Fidel Castro, RADIOCUBA, Banco Nacional. It served the same upon Rabinowitz Boudin by Express Mail. (See Kerr Suppl. Decl. ¶¶ 39-40; Exs. C(l), C(2).) B. THE MCCARTHY JUDGMENT McCarthy’s judgment is based on a claim against the Republic of Cuba arising from the execution of her husband, Howard F. Anderson (“Anderson”), by a Cuban firing squad shortly after his conviction by a “Revolutionary Tribunal” for allegedly acting as a liaison for an anti-communist group and conspiring to smuggle weapons to anti-Castro forces in Cuba. See McCarthy v. Republic of Cuba, No. 01-26628 CA 04 (Fla. Cir. Ct., 11th Cir., Miami-Dade Cty., April 17, 2003) (“McCarthy Judgment”) (attached as Ex. A to DeMaria Decl.). The Florida Circuit Court issued a final order authorizing entry of default judgment against the Republic of Cuba on April 17, 2003, and awarded compensatory damages to Anderson’s estate and family in the aggregate amount of $67 million. See id. at 12-17. McCarthy subsequently brought an action on the judgment in the United States District Court for the Southern District of Florida. On February 2, 2005, that court entered a final default judgment against the Republic of Cuba. (See DeMaria Decl., Ex. B., at 4-5.) On May 22, 2005, McCarthy registered that federal judgment with this Court pursuant to 28 U.S.C. § 1963. (See DeMaria Decl. ¶ 5; Ex. F.) On August 22, 2005, the judge sitting in Part I in this Court granted an order authorizing issuance of a writ of execution for McCarthy to levy upon the Republic of Cuba’s property in this district for the purposes of satisfying the registered judgment. On September 2, 2005, the United States Marshal served Rabinowitz Boudin and JPM Chase with a writ of execution levying upon the EMTELCUBA, AT & T Long Lines, and Rabinowitz Boudin Accounts. Separately, McCarthy sought to enforce the federal registered judgment in the New York Supreme Court. On August 24, 2005, that court held that the FSIA did not preclude enforcement of the Florida state and federal court judgments and granted McCarthy’s motion to execute upon the judgment against the Republic of Cuba. See McCarthy v. Republic of Cuba, 9 Misc.3d 750, 800 N.Y.S.2d 906, 909 (Sup. Ct.N.Y.Co.2005). As indicated above, JPM Chase’s third-party petition was filed against McCarthy, among others. In response to JPM Chase’s third-party petition, on November 14, 2005 McCarthy filed a counter-petition for turnover, asserted against both JPM Chase and Rabinowitz Boudin in their capacity as garnishees, seeking turnover of funds in those accounts. McCarthy served Rabinowitz Boudin by hand. (See Docket No. 104, Ex. 3 (Affidavit of Service).) In addition, McCarthy served her turnover petition in accordance in accordance with the FSIA upon the Republic of Cuba, as well as the various Cuban entities identified by Chase in its papers (including Ban-co. Nacional, EMTELCUBA, RADIOCU-BA, ETECSA, and CUBAEXPORT), by serving copies in both English and Spanish by DHL through the Clerk of Court. (See R.56.1 Statement ¶ 40; DeMaria Aff. ¶ 9; Docket No. 104.). As indicated, these actions were consolidated before this Court. McCarthy now moves for turnover of assets in those accounts. C. JPM CHASE’S CROSS-MOTION FOR RELIEF IN THE NATURE OF INTERPLEADER JPM Chase asserts that as a result of the Plaintiffs’ actions to execute against the Accounts, it is exposed to “inconsistent legal obligations and to the risk of double or multiple liability.” (Mem. of Law in Response to Motion for Partial Summary Judgment on Claims for Turnover and in Support of Cross-Motion for Relief in the Nature of Interpleader, dated Mar. 10, 2006 (“JPM Chase Mem.”), at 2.) JPM Chase commenced third-party proceedings in order to bring all adverse claimants to the blocked deposits before the Court and to obtain a discharge in interpleader and as a garnishee under CPLR §§ 5209 and 5239. JPM Chase seeks an order from the Court that will (a) determine whether JPM Chase is to be required to comply with the turnover order sought by Plaintiffs; (b) incorporate findings intended to protect any turnover order from collateral attack, and (c) discharge JPM Chase from any further liability to any present or future adverse claimants-respondents, with respect to the accounts subject to turnover. JPM Chase also seeks reimbursement for its expenses in seeking interpleader relief. II. STANDARD OF REVIEW To prevail on a motion for summary judgment, the moving party must demonstrate that “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). The Court ascertains which facts are material by considering the substantive law of the action, for only those “facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Even if a dispute over material facts exists, summary judgment may be granted unless the dispute is “genuine,” i.e., “there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.” Id. at 249, 106, S.Ct. 2505. In determining whether genuine issues of material fact exist, “[t]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Id. at 255, 106 S.Ct. 2505 (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970)). III. DISCUSSION The property in the United States of a foreign state and-its agencies and instrumentalities is generally immune from execution under the FSIA unless a specific exception applies pursuant to the FSIA. See 28 U.S.C. § 1609; FG Hemisphere Assocs., LLC v. Republique du Congo, 455 F.3d 575, 584 (5th Cir.2006); Letelier v. Republic of Chile, 748 F.2d 790, 793 (2d Cir.1984). Conversely, federal courts lack subject matter jurisdiction over enforcement proceedings against the property of a foreign state unless a statutory exception to immunity applies. See Verlinden B.V. v. Central Bank of Nigeria, 461 U.S. 480, 489, 103 S.Ct. 1962, 76 L.Ed.2d 81 (1983); FG Hemisphere, 455 F.3d at 584; Letelier, 748 F.2d at 793. Plaintiffs seek to execute judgments against property in the United States of the Republic of Cuba (“Cuba”) and certain alleged agencies and instrumentalities of Cuba. Accordingly, the Court must determine whether any statutory exception to immunity from execution applies to permit execution in this proceeding. As set forth below, the Court concludes that Section 201(a) of the Terrorism Risk Insurance Act of 2002, Pub.L. No. 107-297, 116 Stat. 2322, (“TRIA”) provides an exception to immunity from execution over the funds in question. Before reaching the question of TRIA’s applicability to the Weininger and McCarthy judgments, the Court will first examine the question raised by JPM Chase and CEC regarding whether the Weininger and McCarthy judgments are entitled to enforcement by this Court. CEC argues that the judgments are unenforceable because the Florida state courts that rendered the judgments purportedly lacked subject matter and personal jurisdiction under the FSIA, while JPM Chase suggests that the judgments may be unenforceable on such ground. As discussed below, the Court is not persuaded that the judgments are unenforceable on account of the alleged jurisdictional deficiencies of the Florida state courts. The Court first makes several preliminary observations. It is beyond question that this Court must satisfy itself that it has jurisdiction to rule on any question it needs to decide that resolves the merits of a dispute. This unremarkable and fundamental principle is reflected in countless precedents as well as in the special status accorded subject matter jurisdiction in the Federal Rules of Civil Procedure, which allow the subject matter jurisdiction of a court to be raised at any time, even by the court on its own initiative. See Fed. R.Civ.P. 12(h)(3). What makes this case unique is the question of the extent to which such inquiry into the Court’s own subject matter jurisdiction should encompass probing further back in the jurisdictional chain to examine the authority of a prior court, the judgment of which this Court is called upon to authorize execution, especially where, preceding the matter before this Court, other courts took intermediate actions that recognized or assumed the validity of the underlying judgments without review of the subject matter jurisdiction of the court which rendered the judgments. To be sure, attacks on a prior court’s jurisdiction, both subject matter and personal, are routinely made and obligate the later court to consider the challenge. Such an inquiry generally arises after a default judgment is rendered, when the party who won the judgment seeks to enforce it. The party who defaulted in the first proceeding will then collaterally attack the judgment, arguing that the rendering court lacked jurisdiction, and thus that he or she should not be bound. Here, however, the question is posed without any collateral attack by the parties against whom the judgment is sought to be enforced. Instead, the jurisdictional question is raised by a third party serving as amicus curiae, as well as by a garnishee seeking not to void the judgment but merely to obtain interpleader relief. In the absence of any collateral attack, what governs this Court’s obligation defining how far back in the decisional line it need go in ascertaining the propriety of the jurisdictional issues now before it and its own authority to rule? Stated differently, what duty does this Court have on its own motion to reexamine the jurisdictional competence, and resultant factual and legal determinations, of courts preceding it in the decisional order that also were under similar obligation to confirm their authority as a predicate to rendering a judgment on the merits, and how deeply into the record of these extensive proceedings need this Court probe? In this case, there have already been two levels of review. First, the Florida state courts determined their jurisdiction. Nor was such determination implicit or cursory, as might have been the case in the entry of a routine default judgment. Instead, because § 1608(e) of the FSIA bars entry of default against a foreign state unless the claimant establishes a claim or right to relief “by evidence satisfactory to the court,” 28 U.S.C. § 1608(e), the Florida courts whose judgments are at issue here held hearings, took evidence, satisfied themselves of their jurisdiction and expressly so ruled. Then, in the McCarthy case, a Florida federal district court held that the state court judgment was entitled to full faith and credit. Those same judgment debtors were served and failed to appear, and the federal court made an implicit determination of jurisdiction — both its own and the state court’s — and found the judgment entitled to be enforced. In the Weininger case, this Court granted summary judgment in lieu of complaint recognizing the Florida judgment, finding it entitled to full faith and credit, and thus implicitly recognizing both its own and the Florida state court’s jurisdiction after service upon the judgment debtors who again failed to appear. Even now, in these enforcement proceedings, neither the judgment debtors nor the other entities which JPM Chase has impleaded and whose alleged assets are at risk of loss, have appeared, despite notice, to contest the validity of the judgments or that such judgments should be enforced against them. Under these circumstances, the policies and principles underlying res judicata doctrine would make it manifestly inequitable for this Court to reopen the judgments so as to permit a challenge to the underlying adjudication at the request of parties not affected by the judgments, and in particular at the behest of a party who appears as amicus here by the grace of the Court. A. ENFORCEABILITY OF THE WEININGER AND MCCARTHY JUDGMENTS JPM Chase and CEC assert that the Weininger and McCarthy judgments are unenforceable against the judgment debtors because the Florida state courts that rendered judgment erred in determining that FSIA § 1605(a)(7) (“ § 1605(a)(7)”) provided jurisdiction over the judgment debtors. The FSIA provides the sole basis for obtaining jurisdiction over a foreign state or an agency or instrumentality of a foreign state. See Saudi Arabia v. Nelson, 507 U.S. 349, 355, 113 S.Ct. 1471, 123 L.Ed.2d 47 (1993); Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428, 434, 109 S.Ct. 683, 102 L.Ed.2d 818 (1989); Verlinden, 461 U.S. at 488-89, 103 S.Ct. 1962. Unless one of the exceptions to immunity from jurisdiction set forth in the FSIA applies, a foreign state and its agencies and instrumentalities are immune from the subject matter jurisdiction of federal and state courts. See Saudi Arabia, 507 U.S. at 355, 113 S.Ct. 1471; Verlinden, 461 U.S. at 488-89, 103 S.Ct. 1962; Zappia Middle East Constr. Co. v. Emirate of Abu Dhabi, 215 F.3d 247, 250-51 (2d Cir.2000). Pursuant to the FSIA, a court acquires personal jurisdiction over a foreign state or instrumentality of a foreign state where the court has subject matter jurisdiction pursuant to the FSIA and where service has been made on the foreign state or instrumentality as specified by FSIA § 1608. See 28 U.S.C. § 1330(b). JPM Chase and CEC argue that the Florida state courts erroneously determined that the FSIA provided subject matter jurisdiction over the judgment debtors in the state court proceedings. As noted above, the Florida state courts held, after requisite fact-finding proceedings, that jurisdiction over the named defendants in the Weininger and McCarthy state court actions arose under § 1605(a)(7). That provision states that a foreign state is not immune from the jurisdiction of state and federal courts in the United States where “money damages are sought against a foreign state for personal injury or death that was caused by an act of torture [or] extrajudicial killing.” 28 U.S.C. § 1605(a)(7). However, that section further provides that a court “shall decline to hear a claim under this paragraph ... if the foreign state was not designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.CApp. 2405©) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time the act occurred, unless later so designated as a result of such act.” 28 U.S.C. § 1605(a)(7)(A). JPM Chase and CEC question the state courts’ finding of jurisdiction pursuant to that section, noting that Cuba was not designated as a state sponsor of terrorism under those statutes at the time of the incidents giving rise to the Weininger and McCarthy judgments, and contending that although Cuba was later so designated, such designation was not “as a result of’ the incidents giving rise to the judgments. In response, Plaintiffs argue first that the full faith and credit doctrine bars the Court from reexamining the issue of the jurisdiction of the prior courts at this stage in the proceeding. Plaintiffs also contend that the Florida state court judgments are no longer assailable because subsequent courts, e.g., the United States District Court for the Southern District of Florida, the New York Supreme Court, as well as this Court, have already acknowledged the validity of the state court judgments. Each of these arguments is addressed below. 1. The Full Faith and Credit Doctrine Plaintiffs argue that the judgments sought to be enforced in this proceeding must be recognized as valid pursuant to the requirements of full faith and credit. According to that doctrine, codified in the Full Faith and Credit Act, “the judicial proceedings of any court of any such State, shall have the same full faith and credit in every court within the United States ... as they have by law or usage in the courts of such State ... from which they are taken.” 28 U.S.C. § 1738. Under this statute, a federal court that is asked to recognize a state court judgment is obligated to give the same preclusive effect to that judgment as would the courts of the rendering state. See Migra v. Warren City Sch. Dist., 465 U.S. 75, 81, 104 S.Ct. 892, 79 L.Ed.2d 56 (1984); Kremer v. Chemical Constr. Corp., 456 U.S. 461, 482, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982); Underwriters Nat’l Assurance Co. v. North Carolina Life & Accident Health Ins. Guar. Ass’n, 455 U.S. 691, 704 & n. 9, 102 S.Ct. 1357, 71 L.Ed.2d 558 (1982); Stone v. Williams, 970 F.2d 1043, 1053-54 (2d Cir.1992). Ordinarily, in assessing whether to enforce a state court judgment, a federal court must engage in a two-step inquiry. See McCloud v. Lawrence Gallery, Ltd., No. 90 Civ. 30, 1991 WL 136027, at *4 (S.D.N.Y. July 12, 1991). First, pursuant to the full faith and credit doctrine, the court is obliged to enforce the judgment only to the extent that the courts of the rendering state would be similarly bound. See id. “Hence, if the state courts would entertain a collateral attack on the judgment, so may the federal courts.” Id. at *4; see Johnson v. Muelberger, 340 U.S. 581, 587, 71 S.Ct. 474, 95 L.Ed. 552 (1951) (holding that a collateral attack is barred “where the party attacking would not be permitted to make a collateral attack in the courts of the granting state”). The second step arises from the recognition that these full faith and credit principles are subject to “some basic limitations” — “[cjhief among these limitations is the caveat, consistently recognized by this Court, that ‘a judgment of a court in one State is conclusive upon the merits in a court in another State only if the court in the first State had power to pass on the merits — had jurisdiction, that is, to render the judgment.’ ” Underwriters, 455 U.S. at 704, 102 S.Ct. 1357 (quoting Durfee v. Duke, 375 U.S. 106, 110, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963)). Thus, because neither federal nor state courts may enforce a “constitutionally infirm judgment,” see Kremer, 456 U.S. at 482-83, 102 S.Ct. 1883, “before a court is bound by the judgment rendered in another State, it may inquire into the jurisdictional basis of the foreign court’s decree. If that court did not have jurisdiction over the subject matter or the relevant parties, full faith and credit need not be given.” Underwriters, 455 U.S. at 705, 102 S.Ct. 1357; McCloud, 1991 WL 136027, at *5. See Conopco, Inc. v. Roll Int'l, 231 F.3d 82, 90 n. 7 (2d Cir.2000) (describing two-part analysis re quired under Full Faith and Credit Act as “(1) whether, under federal law, the judgment is entitled to full faith and credit; and (2) what preclusive effect would the judgment be given under the law of the rendering state”); American Steel Bldg. Co. v. Davidson & Richardson Constr. Co., 847 F.2d 1519, 1521 (11th Cir.1988) (“The full faith and credit statute thus requires a two-tiered analysis: first, we must consider whether the original court had jurisdiction, thus entitling the judgment to full faith and credit; and second, we must determine how much credit the judgment is entitled to receive.”). With regard to the first step in the inquiry, a federal court is required to examine the state court’s res judicata law to determine whether a collateral attack would be permitted. Where such an attack would be permitted under state law, the federal court must permit such an attack in an enforcement proceeding. See Johnson, 340 U.S. at 587, 71 S.Ct. 474; McCloud, 1991 WL 136027, at *4-5. However, this analysis is not entirely applicable here, where no judgment debtor has made a collateral attack. While the judgment debtors had numerous opportunities to challenge the state court judgments, either directly, by appealing the judgments, or collaterally, through a motion to vacate for lack of jurisdiction, a suit for declaratory relief, or in the numerous subsequent proceedings to domesticate and federalize the judgments in New York and Florida or in this proceeding seeking execution, the judgment debtors have failed to interpose any collateral attack. The judgment debtors’ failure to collaterally attack the judgments works as a “double default” and renders the first step of the court’s full faith and credit inquiry, that of whether a collateral attack would be permissible under state court law, unnecessary. In the absence of a collateral attack, a Florida state court would be bound to enforce the judgments, except to the extent that such court were to find them constitutionally infirm, as discussed below. The second step in a federal court’s inquiry into the enforceability of a foreign court’s judgment is whether there is a constitutional infirmity with the foreign court judgment. See Kremer, 456 U.S. at 482, 102 S.Ct. 1883 (“The State must ... satisfy the applicable requirements of the Due Process Clause. A State may not grant preclusive effect in its own courts to a constitutionally infirm judgment, and other state and federal courts are not required to accord full faith and credit to such a judgment.”); Underwriters, 455 U.S. at 705, 102 S.Ct. 1357; McCloud, 1991 WL 136027, at *5. Accordingly, a federal court may examine whether the rendering court lacked jurisdiction over the judgment sought to be enforced. See Underwaters, 455 U.S. at 705, 102 S.Ct. 1357. Nonetheless, “principles of preclusion apply equally to jurisdictional matters.” Stone, 970 F.2d at 1057. “It has long been the rule that principles of res judicata apply to jurisdictional determinations — both subject matter and personal.” Ins. Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702 n. 9, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982); see also Underwriters, 455 U.S. at 706, 102 S.Ct. 1357. Thus, “ ‘a judgment is entitled to full faith and credit — even as to questions of jurisdiction — when the second court’s inquiry discloses that those questions have been fully and fairly litigated and finally decided in the court which rendered the original judgment.’ ” Underwriters, 455 U.S. at 706, 102 S.Ct. 1357 (quoting Durfee, 375 U.S. at 111, 84 S.Ct. 242); see American Steel, 847 F.2d at 1521; McCloud, 1991 WL 136027, at *5. The same preclusive effect occurs where a party had an opportunity to litigate jurisdiction but chose not to do so: “A party that has had an opportunity to litigate the question of subject-matter jurisdiction may not ... reopen that question in a collateral attack upon an adverse judgment.” Ins. Corp., 456 U.S. at 702 n. 9, 102 S.Ct. 2099; see United States v. Bigford, 365 F.3d 859, 865 (10th Cir.2004) (“[A]s long as a party had an opportunity to litigate the jurisdictional issue, it is not subject to collateral attack.”); Corbett v. MacDonald Moving Servs., Inc., 124 F.3d 82, 88-89 (2d Cir. 1997); A.L.T. Corp. v. Small Bus. Admin., 801 F.2d 1451, 1460 n. 17 (5th Cir.1986); Nemaizer v. Baker, 793 F.2d 58, 65 (2d Cir.1986) (“[I]f the parties could have challenged the court’s power to hear a case, then res judicata principles serve to bar them from later challenging it collaterally.”) (emphasis in original). However, where a judgment is rendered by default, it is not always clear whether such an opportunity to contest any jurisdictional deficiency actually existed. Certainly as to personal jurisdiction, default judgments do not foreclose collateral attacks. See Ins. Corp., 456 U.S. at 706, 102 S.Ct. 2099 (“A defendant is always free to ignore the judicial proceedings, risk a default judgment, and then challenge that judgment on jurisdictional grounds in a collateral proceeding.”); Transaero, Inc. v. La Fuerza Aerea Boliviana, 162 F.3d 724, 730 (2d Cir.1998) (“A court entering a default judgment may assume that it has jurisdiction over the defendant when the defendant does not appear in court to contest the judgment, but that assumption does not preclude the defendant from later contesting jurisdiction in the enforcing court. Thus, any determination by the [district court] that service was proper and that it had personal jurisdiction under the FSIA when it entered the initial default judgment in 1989 cannot be deemed final and preclusive on these questions”) (citations omitted); see also Bigford, 365 F.3d at 865 (observing that there is no opportunity to litigate a personal jurisdiction issue in a default proceeding); American Steel, 847 F.2d at 1521 (“[W]here the defendant does not appear, and judgment is by default, the state court judgment does not preclude the federal court from reviewing the jurisdictional issues.”). But cf. ALT Corp., 801 F.2d at 1460 n. 17 (stating, on appeal of a default judgment, that the state court “[a]rguably ... fully and fairly considered the issue of personal jurisdiction when it recited ALT’s compliance with Texas service of process requirements,” but declining to give preclusive effect to subject matter jurisdiction where the record did not indicate that the state court even considered questions of subject matter jurisdiction); McCloud, 1991 WL 136027, at *12 n. 8 (suggesting that the res judicata effect of a default judgment on a jurisdictional question appears to be an unsettled question). However, each of the preceding cases involved a collateral attack by the judgment debtor, or presumptive party to the underlying action, who had sufficient standing to pursue an appeal or collateral attack on the underlying judgment. Here, there is no collateral attack by the judgment debtors. No judgment debtor has appeared to argue that it did not have an opportunity to contest the rendering court’s subject matter jurisdiction or personal jurisdiction and that the judgments are void on that basis. While CEC objects to this Court’s enforcement of the judgment, it does not have standing to bring a collateral attack upon the judgment. A garnishee such as JPM Chase may have standing to either directly or collaterally attack a judgment. See FG Hemisphere, 455 F.3d at 584 (allowing sovereign immunity of foreign state to be directly raised by garnishee on appeal); Thompson v. Liberty Mut. Ins. Co. of Boston, 390 F.2d 24, 26 (10th Cir.1968) (“The garnishee may properly show that the judgment sued upon is not valid for jurisdictional reasons.”). Yet, JPM Chase has not collaterally attacked the underlying judgments here, and it concedes that it does not oppose the relief requested by Plaintiffs. (See Kerr Deck ¶ 5 (“TRIA may provide to plaintiffs the execution they seek. JPM Chase does not oppose that relief.”)) Instead, displaying the better part of somewhat Falstaffian valor, JPM Chase merely invites the Court to undertake that inquiry of the Court’s own accord. Even the United States, which had been a party to this suit, is monitoring the case, and has expressed its views through a letter to the Court, has not expressed the position that Plaintiffs’ state court judgments should not be enforced. Compare Roeder v. Islamic Republic of Iran, 195 F.Supp.2d 140, 159— 60 (D.D.C.2002) (vacating a default judgment against Iran in response to Rule 60(b)(4) motion by intervenor United States, who argued that rendering court lacked subject matter jurisdiction because Iran had not been designated a state sponsor of terrorism as a result of the acts in question). The parties have not pointed to any authority requiring this Court to sua sponte engage in an analysis of the subject matter jurisdiction of the rendering court in the absence of a collateral attack by the party against whom the judgment is to be enforced or another party in interest such as the United States, and the Court declines to do so. See Underwriters, 455 U.S. at 705, 102 S.Ct. 1357 (“[Bjefore a court is bound by the judgment rendered in another State, it may inquire into the jurisdictional basis of the foreign court’s decree.”) (emphasis added); cf. McLearn v. Cowen & Co., 660 F.2d 845, 849 (2d Cir.1981) (noting that the court “may” on its own motion set aside a void judgment). At this late stage of these complex and lengthy proceedings, the judgment debtors have had ample opportunity to contest the jurisdictional issues but chose not to do so. Similarly, numerous state and federal courts that encountered the same questions raised here either asserted jurisdiction or exercised discretion not to reopen those settled matters. Under these circumstances, insofar as the choice now before this Court offers sufficient latitude for the exercise of discretion, it would be acutely inequitable for this Court to assume the task of such a renewed jurisdictional inquiry on its own initiative. Nor would enforcement of these judgments under these circumstances be so clearly wrong that it would comprise a violation of some constitutional principle. In this regard, it bears repeating that the Florida state courts did not simply enter default but instead were obligated to comply with with FSIA § 1608(e), which requires that “[n]o judgment by default shall be entered by a court of the United States or of a State against a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.” 28 U.S.C. § 1608(e). Accordingly, the state courts conducted a hearing and took evidence before finding that subject matter jurisdiction existed. (See Pis. Reply Mem. at 21 n. 15 (discussing evidence placed before the Florida state courts, including expert submissions); McCarthy Judgment at 5-7; Weininger Judgment at 4, 5-7.) While those hearings may have entailed the submission's of only one side, in the absence of a collateral attack contesting the sufficiency of the evidence presented to establish jurisdiction, it is not appropriate at this stage for this Court on its own motion to review those findings. Moreover, the Florida state court examined its jurisdiction as required by FSIA § 1608(e) and found an arguable basis for jurisdiction that is entitled to presumptive validity, absent a sufficiently compelling challenge by the judgment debtors or other party with enough standing to intervene on their behalf. Even if some colorable ground to charge error on the part of the state court were to be introduced at this point, under the circumstances prevailing here, this Court discerns no basis to support a finding that the state courts’ judgments represent such a plain usurpation of power to warrant this Court taking it upon itself to reexamine the state courts’ findings and defeat the compelling interest in repose for matters settled after extensive litigation. This course holds true particularly in a case in which the record demonstrates that the defendant was given notice and afforded multiple opportunities to contest the courts’ exercise of jurisdiction and elected not to do so. See Cantor Fitzgerald, L.P., v. Peaslee, 88 F.3d 152, 155 n. 2 (2d Cir.1996) (“[A] judgment rendered by a court assuming subject-matter jurisdiction and sustained on direct appeal is entitled to preclusive effect as long as the District Court did not ‘plainly usurp jurisdiction’ over the action.”); Nemaizer, 793 F.2d at 65 (in context of Rule 60(b)(4) motion, “[s]ince a court has power to determine its own jurisdiction and, in fact, is required to exercise that power sua sponte, it does not plainly usurp jurisdiction when it merely commits an error in the exercise of that power. Rather, a court will be deemed to have plainly usurped jurisdiction only when there is a ‘total want of jurisdiction’ and no arguable basis on which it could have rested a finding that it had jurisdiction.”); 18A Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice & Procedure § 4428 at 15-16 (2d ed. 2002) (“So long as the court that entered judgment can assert personal jurisdiction over the defendant, it may fairly claim the right to determine its own subject-matter jurisdiction. This claim should be honored unless the lack of jurisdiction is so clear that a second court can act to protect the defendant against the imposition of any burden by a manifestly powerless tribunal and to defeat a judgment that offers no plausible basis for repose.”). CEC also asserts that the state courts erred in determining that the courts had personal jurisdiction over the judgment debtors pursuant to the FSIA. Under the FSIA, personal jurisdiction is achieved where the court has subject matter jurisdiction pursuant to the FSIA and service has been made on the foreign state under FSIA § 1608. See 28 U.S.C. § 1330(b); Verlinden, 461 U.S. at 485 n. 5, 103 S.Ct. 1962 (“ § 1330(b) provides personal jurisdiction wherever subject matter jurisdiction exists under subjection (a) and service of process has been made under § 1608 of the Act.”). CEC’s challenge is based entirely on the first prong of FSIA personal jurisdiction — the finding of subject matter jurisdiction. As explained above, insofar as this Court possesses discretion to do so under the circumstances governing this case, it chooses not to reopen consideration of subject matter jurisdiction. Finally, the Court concludes that enforcement of the judgments is not precluded by any other constitutional infirmity. A federal court may not enforce a judgment that is constitutionally defective because it was entered in violation of the defendant’s due process rights. See Kremer, 456 U.S. at 482-83, 102 S.Ct. 1883. This rule permits the enforcing court to decline enforcement not only on the basis of lack of jurisdiction, as discussed above, but also “if the procedures utilized in the original forum were in other respects so deficient as to reflect an absence of due process.” McCloud, 1991 WL 136027, at *17 (citing Fehlhaber v. Fehlhaber, 681 F.2d 1015, 1027-29 (Fifth Cir. Unit B 1982)). The Court concludes that the due process rights of the judgment debtors were, not violated in the Florida Circuit Court. There is no dispute that the judgment debtors were served in the state court proceedings in accordance with the requirements of the FSIA. Accordingly, reopening the state courts’ determinations would not be appropriate here. Reexamination would entail, in an essentially ex parte proceeding here, a reconsideration of the factual record before the state courts and a new determination as to whether the evidence before those courts supported the courts’ conclusion. “The insufficiency of evidence in support of a claim is not, in itself, a basis for a collateral due process attack on a judgment.” McCloud, 1991 WL 136027, at *17. ‘Were it otherwise, the enforcing court would inevitably be required to reexamine the merits of the original controversy, which is plainly not proper in an enforcement proceeding.” Id. (citing Ultracashmere House, Ltd. v. Madison’s of Columbus, Inc., 534 F.Supp. 542, 544 n. 5 (S.D.N.Y. 1982)). “This principle is even more pertinent in a case where the defendant has defaulted in the original proceeding.” Id. See Boddie v. Connecticut, 401 U.S. 371, 378, 91 S.Ct. 780, 28 L.Ed.2d 113 (1971) (holding that due process does not require a hearing where defendant defaults, but merely notice and opportunity to be heard). Here, where there is no collateral attack by the judgment debtors, it is especially inappropriate for the Court to reexamine the record from the original controversy. Furthermore, as discussed below, the judgments have been adopted by numerous subsequent courts, making reopening of the issue at this juncture even more inappropriate. CEC argues that this Court has an obligation to raise sua sponte and decide the issue of subject matter jurisdiction. While this Court must consider whether it has subject matter jurisdiction in connection with the proceeding immediately before it, that is a separate issue from the question of whether the state courts that rendered the underlying judgments had subject matter jurisdiction that should now be assessed anew. As explained below, the Court concludes that TRIA Section 201(a) provides subject matter jurisdiction in this proceeding. 2. Recognition by Other Courts There have been intervening court decisions recognizing the validity of Plaintiffs’ judgments. As to Weininger’s, this Court has already recognized that such judgment, as well as “all of the findings of fact and conclusions of law therein,” are entitled to full faith and credit. (Order, dated Dec. 13, 2005 (Docket No. 71).) As to McCarthy’s state judgment, a federal district court in Florida has already recognized that judgment and entered a default against the judgment debtors in respect of it. Moreover, a state court in New York has recognized it as well, after concluding that the FSIA did not preclude enforcement of the Florida judgment. No evidence of constitutional infirmity in the records of the proceedings in the courts that authorized these judgments has been called to this Court’s attention. Accordingly, a variant of the “last in time” rule provides further reason for this Court to decline to re-open the matter of the validity of the Florida state court judgments. See 18A Wright, Miller & Cooper, Federal Practice & Procedure § 4428 at 34 (2d ed. 2002) (“[T]he ‘last in time’ rule applies as well to determinations of the consequences of jurisdictional failure as to other matters. There can be little question that a ruling by a second court that a prior judgment cannot be attacked for lack of jurisdiction is binding. So too, a final ruling by a second court that a prior judgment can be ignored for lack of jurisdiction is binding even though it disregards all sound principle.”) (citing Treinies v. Sunshine Mining Co., 308 U.S. 66, 78, 60 S.Ct. 44, 84 L.Ed. 85 (1939)). B. TRIA SECTION 201(a) As set forth below, the Court concludes that: (1) this Court has subject matter jurisdiction over the enforcement action before it pursuant to TRIA § 201(a); (2) TRIA § 201(a) permits execution against funds held by or owed to the Republic of Cuba; (3) TRIA § 201(a) permits execution against funds held by or owed to those entities that are agencies and instrumen-talities of a foreign state as defined by the FSIA; and (4) Banco Nacional is not exempt from TRIA § 201(a) as a result of its status as a central bank. 1. Subject Matter Jurisdiction The FSIA is the exclusive source of subject matter jurisdiction over all civil actions against foreign states or their agencies and instrumentalities. See Saudi Arabia, 507 U.S. at 355, 113 S.Ct. 1471; Argentine Republic, 488 U.S. at 434, 109 S.Ct. 683; Robinson v. Government of Malaysia, 269 F.3d 133, 138 (2d Cir.2001); Zappia, 215 F.3d at 250-51. “[Subject-matter jurisdiction in any such action depends on the existence of one of the specified exceptions to foreign sovereign immunity.” Verlinden, 461 U.S. at 493, 103 S.Ct. 1962. Accordingly, “ ‘[a]t the threshold of every district court action against a foreign state, the court must satisfy itself that one of the exceptions [to immunity] applies [because its] subject matter jurisdiction ... depends on that application.’ ” FG Hemisphere, 455 F.3d at 584 (quoting Republic of Austria v. Altmann, 541 U.S. 677, 691, 124 S.Ct. 2240, 159 L.Ed.2d 1 (2004)); see Verlinden, 461 U.S. at 493-94, 103 S.Ct. 1962; Robinson, 269 F.3d at 139; Nysa-Ila Pension Trust Fund ex rel. Bowers v. Garuda Indonesia, 7 F.3d 35, 39 (2d Cir.1993) (“Before a federal court may apply ... any ... rule of law in a case involving a foreign state or instrumentality of that state, it must, as a threshold matter, find an exception to the FSIA’s grant of sovereign immunity.”). Even if a party fails to enter an appearance and assert its claim of immunity, a court must determine whether immunity is available pursuant to the FSIA. See Verlinden, 461 U.S. at 493 n. 20, 103 S.Ct. 1962 (“[S]ubject matter jurisdiction turns on the existence of an exception to foreign sovereign immunity. Accordingly, even if the foreign state does not enter an appearance to assert an immunity defense, a District Court still must determine that immunity is unavailable under the Act.”) (citation omitted); Brewer v. Socialist People’s Republic of Iraq, 890 F.2d 97, 101 (8th Cir.1989). Under § 1604 of FSIA, a foreign state is immune from the jurisdiction of federal or state courts unless one of the statutory exceptions to immunity found in §§ 1605-07 applies. See 28 U.S.C. § 1604; Verlinden, 461 U.S. at 488, 103 S.Ct. 1962; Shapiro v. Republic of Bolivia, 930 F.2d 1013, 1017 (2d Cir.1991). In the context of an enforcement proceeding, § 1609 renders the property in the United States of a foreign state immune from execution or attachment, including garnishment, unless §§ 1610-11 provide otherwise. See 28 U.S.C. § 1609 (“[T]he property in the United States of a foreign state shall be immune from attachment arrest and execution except as provided in sections 1610 and 1611 of this chapter.”); FG Hemisphere, 455 F.3d at 584; Alejandre v. Telefonica Larga Distancia de Puerto Rico, Inc., 183 F.3d 1277, 1283 (11th Cir.1999); Letelier, 748 F.2d at 793 (“[U]nder § 1609 foreign states are immune from execution upon judgments obtained against them, unless an exception set forth in §§ 1610 or 1611 of the FSIA applies.”). Accordingly, to exercise subject matter jurisdiction in this action, this Court must find that a statutory exception to immunity exists under the FSIA. As set forth below, the Court finds that TRIA § 201(a) provides an exception to immunity in this garnishment action, and hence confers subject matter jurisdiction over this enforcement action. See FG Hemisphere, 455 F.3d at 595 (“A finding that an exception to execu-tional immunity applies is a finding that the court has jurisdiction over the garnishment action.”). Alternatively, as set forth below, at least with respect to the judgment debtors, this Court has subject matter jurisdiction through ancillary jurisdiction to enforce a judgment. 2. TRIA § 201(a) In November 2002, Congress enacted TRIA. Section 201(a) of TRIA provides: Notwithstanding any other provision of law, and except as provided in subsection (b), in every case in which a person has obtained a judgment against a terrorist party on a claim based upon an act of terrorism, or for which a terrorist party is not immune under section 1605(a)(7) of title 28, United States Code, the blocked assets of that terrorist party (including the blocked assets of any agency or instrumentality of that terrorist party) shall be subject to execution or attachment in aid of execution in order to satisfy such judgment to the extent of any compensatory damages for which such terrorist party has been adjudged liable. TRIA § 201(a), codified at 28 U.S.C. § 1610 note. Thus, TRIA allows for execution on the blocked assets of a terrorist party, or its agency or instrumentality, to satisfy a judgment against the terrorist party, provided that the following requirements are met: (1) a person has obtained a judgment against a terrorist party; (2) the judgment is either (a) for a claim based on an act of terrorism, or (b) for a claim for which a terrorist party is not immune under § 1605(a)(7); (3) the assets are “blocked assets” within the meaning of TRIA; and (4) execution is sought only to the extent of any compensatory damages. In addition, as indicated, and important to this case, by its terms § 201 provides that the blocked assets that may be executed upon are those of either the “terrorist party” or “any agency or instrumentality of that terrorist party,” even though the judgment itself need be only against the terrorist party. The Court will examine each of these elements in turn. a. A Judgment Against a Terrorist Party TRIA defines “terrorist party” to mean a terrorist, a terrorist organization (as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))), or a foreign state designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.CApp. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). TRIA § 201(d)(4), codified at 28 U.S.C. § 1610 note. In 1982, Cuba was designated by the State Department as a state sponsor of terrorism under Section 6(j) of the Export Administration Act of 1979, 50 U.S.C.App. § 2405(j). See Clarification for Foreign Policy Export Controls, 47 Fed.Reg. 16,-623 (Apr. 19, 1982). It therefore falls within TRIA’s definition of “terrorist party.” See § 201(d)(4). Therefore, Plaintiffs have each obtained a judgment against a terrorist party, a prerequisite to execution under TRIA. b. A Claim Based on an Act of Terrorism or a Claim for Which the Terrorist Party Is Not Immune under § 1605(a)(7) As indicated, to execute under TRIA, Plaintiffs must have a judgment against a terrorist party either for (a) a claim based on an act of terrorism, or (b) a claim for which a terrorist party is not immune under § 1605(a)(7). In Part III.A above, this Court concluded that the Florida state courts already determined that Cuba was not immune from judgment under § 1605(a)(7), and that this Court would decline to re-open those proceedings in the absence of any collateral attack by any party against whom the judgments are sought to be enforced. Thus, Plaintiffs each have a judgment against a terrorist party for a claim for which the terrorist party is not immune under § 1605(a)(7). In light of this conclusion, the Court need not decide whether Plaintiffs also have a judgment for “a claim based on an act of terrorism” within the meaning of TRIA. “Act of terrorism” is defined by reference to other statutes, and Plaintiffs suggest that they also have judgments based on an act of terrorism as defined in those statutes. However, if a foreign sovereign was immune from-judgment under § 1605(a)(7), reading “a claim based on an act of terrorism” to include those foreign sovereigns would defeat that very immunity and create a whole new category of jurisdiction over otherwise immune sovereigns. This Court has before it no indication that this application reflects Congress’s intent in passing TRIA, an execution statute. It is possible that such language was designed to refer to terrorist acts by non-state actors, and not to state sponsors of terrorism such as Cuba. Alternatively, the reference to “claims based upon an act of terrorism” may, as JPM Chase suggests, be meant to authorize execution where the jurisdictional basis for the judgment to be enforced is a subsection of 28 U.S.C. § 1605(a) other than § 1605(a)(7). However, in light of this Court’s determination that each Plaintiff here has obtained a judgment against a terrorist party for a claim for which the terrorist party is not immune under § 1605(a)(7), the Court does not address the issue any further. c. Blocked Assets TRIA defines a “blocked asset” as “any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act (50 U.S.C.App. 5(b)) or under sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701; 1702),” excluding diplomatic and consular property and property related to certain transactions licensed by the government. TRIA § 201(d)(2), codified at 28 U.S.C. § 1610 note. There is no dispute here that the accounts at issue fall within this definition. JPM Chase points out that the assets in question are blocked pursuant to the Cuban Assets Control Regulations, 31 C.F.R. Part 515. These regulations are author