any services to or held any title in Ilyushin Bureau or Soloviev Bureau, and the USSR Ministry of Civil Aviation does not direct, regulate or have any control of either of them.
(d) The engines in question were designed by Soloviev Bureau in 1972, manufactured and assembled by the Rybinsk Production Association of Engine Manufacture in 1981, and sold with the aircraft by Aviaexport to Pezetel, a Polish entity, and delivered on July 21, 1983. The engines were not inspected before the sale, not overhauled and not serviced by the USSR, which did not issue an airworthy certificate or equivalent. The USSR "assumes" that any necessary inspection, overhaul, services and issuance of airworthy certificates were done by Polish authorities.
(e) The aircraft was designed by Ilyushin Bureau in 1974, manufactured by the Kazan Aviation Production Association "in 1984," sold by Aviaexport to Pezetel, and delivered on "July 21, 1983." It was not inspected before the sale, was not overhauled or serviced by the USSR, which did not issue an airworthiness certificate or equivalent. The USSR "assumes" that any necessary inspection, overhaul, service and issuance of airworthy certificates were done by the appropriate Polish authorities.
(f) Except for the sale to Pezetel of the aircraft ultimately utilized by LOT there was no relationship between the USSR (or any of its ministries, bureaus, agencies, instrumentalities, organs or political subdivisions) and LOT.
(g) Aeroflot, an independent aviation enterprise subordinated to the Ministry of Civil Aviation of the USSR and a separate legal person, operates international and internal air routes. It is not responsible for the obligations of the State, and the State is not responsible for the obligations of Aeroflot. It does not manufacture, design or develop aircraft or aircraft engines, or take any part in the manufacture, design, improvement, servicing, operation or sale of the aircraft and engines at issue.
(h) The Ministry of Civil Aviation, an organ of the USSR, implements guidance over the branch of industry (enterprises and organizations subordinate to it), bears responsibility for State management of the branch of industry, is a member of the USSR's Cabinet of the Ministers, and is a constituent part of the Soviet State.
After receipt of these answers, plaintiff noticed Antipov's deposition. The USSR objected on the ground that he had consular immunity. On August 12, 1991 Magistrate Judge Caden ruled that if Antipov had immunity, the USSR was required to produce another representative for deposition. On August 21, 1991 the USSR filed objections to the Magistrate Judge's rulings.
Meanwhile, on August 19, 1991 a coup had begun in the USSR.
At a November 1991 hearing before this court on the objections to Magistrate Judge Caden's rulings, the USSR withdrew its objections and agreed to provide a representative within 105 days.
By late December 1991 the USSR had dissolved. On January 10, 1992 the parties appeared at a status conference before this court to discuss how the dissolution of the USSR would affect the litigation. The court directed them to return in February. At a conference on February 14, 1992 the USSR sought an extension of time in which to provide a representative for deposition. The court granted it 35 days and directed the parties to appear on March 20, 1992.
On March 5, 1992 plaintiff moved for a default judgment based on the USSR's failure to comply with the Magistrate Judge's August 12, 1991 ruling but later withdrew the motion without prejudice. On March 9, 1992, anticipating a motion to dismiss by the USSR, plaintiff served seven document requests on the USSR as to the obligations assumed by the Russian Federation, which had seemingly succeeded the USSR in significant respects.
On April 24, 1992 the USSR moved to dismiss the complaint on the grounds that (a) the court lacked personal and subject matter jurisdiction because of insufficient service of process and immunity under the Act, and (b) the action had abated because the USSR no longer existed.
The USSR also objected before Magistrate Judge Caden to plaintiff's March 9, 1992 document request. On May 11, 1992 the Magistrate Judge overruled the USSR's objections and directed the USSR and/or Antipov, who was then Counselor of the Embassy in the United States of the Russian Federation, to respond. By order dated July 2, 1992 this court affirmed the Magistrate Judge's ruling and ordered the USSR to comply by July 30, 1992. On August 11, 1992 the USSR forwarded to plaintiff seven documents in Russian along with English translations.
On September 16, 1992 this court dismissed the abatement motion and any pending default motion, without prejudice to resubmit.
On September 17, 1992 plaintiff filed the present motion for default. The USSR opposed the motion and cross-moved on October 30, 1992 to modify this court's July 2, 1992 order so as to require the USSR to produce only the documents already produced and to vacate the direction to produce a Soviet representative.
In accordance with the direction of the Court of Appeals, this court addresses first the question of whether the defendants meet the definition of a "foreign state" provided in § 1603 of the Act. That section provides in pertinent part:
(a) A "foreign state" . . . includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state as defined in subsection (b).
(b) An "agency or instrumentality of a foreign state" means any entity--