The opinion of the court was delivered by: EUGENE H. NICKERSON
NICKERSON, District Judge:
By order dated December 16, 1992, this court denied without opinion defendant Rajmund Szwonder's motion to dismiss the indictment. He claimed he was immune from this court's jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11. This opinion sets forth the reasons for that order.
The facts so far as relevant to the motion are as follows.
During the period covered by the indictment, Szwonder, a Polish citizen, was a director in charge of production at Lucznik, a corporation wholly owned by the state of Poland. He claims that his actions were performed solely in his capacity as an employee of that government-owned corporation.
According to the government, Szwonder's role in the conspiracy was as follows. In July 1991, he arranged with a British businessman to send three AK-47 assault rifles (AK-47s) produced by Lucznik to the United States, reporting to the Polish government that they were to be exported to Sri Lanka.
In February 1992, Szwonder contracted with Ronald Hendron, an American arms trader, for Lucznik to sell 40,000 AK-47s to Hendron's company for shipment to the Philippines. In March 1992, Szwonder met with Hendron and United States undercover agents in Germany, who informed Szwonder that the AK-47s were actually destined for Iraq, in violation of United Nations sanctions. The agents also informed Szwonder that Iraq would pay for the arms out of the proceeds from prior arms deals or Iraqi assets hidden before the Gulf War in 1991.
The agents later arrested Szwonder and Hendron in Germany. Szwonder was charged with violations of German law and held pending extradition to the United States.
In April 1992 a Grand Jury in the Eastern District of New York indicted Szwonder for conspiracy, importation into the United States of assault weapons, importing arms without a license, and the transaction of business involving proceeds of unlawful activity all in violation of the laws of the United States.
Defendant says that the Foreign Sovereign Immunities Act (the Act), 28 U.S.C. §§ 1602 -11, bars his prosecution because the Act makes him immune from the jurisdiction of United States courts. The government says the Act applies only to civil cases.
Section 1604, the heart of the Act, reads,
A "foreign state" is defined in § 1603 to include an "agency or instrumentality of a foreign state" involving any "entity" which is "a separate ...