U.S. Department
of Justice
Office of Foreign Litigation
OUR MISSION
The Office of Foreign Litigation (OFL) within the Commercial Litigation Branch of the Civil Division, serves a vital role within the U.S. Department of Justice, representing the U.S. government and its interests in legal proceedings in foreign courts and advising U.S. government agencies and officials on foreign and international law issues. OFL’s mission is to protect U.S. interests and U.S. sovereignty in all litigation pending in foreign courts, whether civil or criminal, affirmative or defensive. OFL’s goal is to ensure that the United States’ wide range of activities, interests, agencies, and personnel are protected and vindicated in litigation.
Currently, OFL handles approximately 1,800 cases in over 160 countries. In these cases, OFL attorneys (1) defend all types of claims filed in foreign courts against the United States, including those involving significant national security interests, (2) file affirmative lawsuits, including to recover damages owed to the United States and to deter fraudulent actors, and (3) aid the performance of military and diplomatic functions overseas.
OFL defends government agencies abroad, including the U.S. Departments of Defense and State, in employment disputes brought by local employees suing over employment terminations and large reductions in force, and in union actions that threaten the operation of military and diplomatic and consular offices. OFL opposes seizures of U.S. assets held overseas (including real estate, bank accounts, vehicles, and property held on military installations and exchanges). The office also defends actions related to overseas military activity, including drone strikes, and tort claims brought against the military.
OFL also affirmatively pursues claims that are in the interests of the U.S. government. These affirmative actions include the recovery of money lost by the U.S. government, such as social security, and veterans’ benefit fraud, securities fraud, lottery schemes, and other fraud directed at U.S. consumers. OFL also pursues claims for commercial damages and debt owed to the United States in claims arising from breach of contract, real estate disputes, intellectual property theft, and bankruptcy.
Despite being in the Civil Division, OFL also has a significant criminal practice. OFL works in conjunction with other U.S. agencies with an overseas presence to investigate crimes against the U.S. government or its officials, files criminal complaints and pursues civil damages where appropriate, confers with local prosecutors when permissible, and works with U.S. government witnesses where testimony is needed. Where local law permits, the office takes an active role as a victim or third-party intervenor and works directly with foreign prosecutors to protect the best interest of the United States. OFL partners closely with the Department of State to prosecute visa applicants presenting falsified documents, and in certain jurisdictions, “document vendors” who produce and sell falsified documents for the purpose of obtaining U.S. visas. In addition, OFL provides individual representation for U.S. government officials and employees sued or criminally prosecuted in foreign courts in appropriate cases.
With its expertise in international law and foreign legal systems, OFL frequently provides legal advice to federal agencies, departments, and government officials regarding litigation risks abroad and it responds to questions involving public and private international law. The office provides subject matter expertise on foreign sovereign and diplomatic immunity, comity and choice of law issues, judgment enforcement in foreign jurisdictions, cross-border discovery and service, and a wealth of related topics. OFL also works closely with the Department of State on the negotiation and implementation of international treaties involving private international law.
Apart from handling foreign litigation matters, OFL houses the Office of International Judicial Assistance, which is the United States Central Authority for incoming requests for international judicial assistance in civil or commercial matters involving service of process or evidence under several treaties. These treaties include the Hague Evidence Convention, the Hague Service Convention, and the Inter-American Convention on Letters Rogatory and Additional Protocol.
In addition to its Washington, DC, headquarters, OFL operates field offices in London, Rome, and Panama City. OFL attorneys are not licensed to practice law in foreign jurisdictions. Therefore, the office retains and closely instructs foreign counsel to represent U.S. interests in foreign courts.