John Marshall Harlan II

“ Clearly the Court's point in emphasizing the scope of the order which could issue in the first instance was that the possibility of an ultimate levy was too remote in practical terms to justify freezing the property from the outset of the litigation. Remoteness is the determinative point, whatever its cause, and in terms of remoteness the case before us argues even stronger than De Beers against the issuance of what amounts to an interim sequestration order. ”

“ The injury to the United States of America from the withdrawal of said deposits, diamonds or other property would be irreparable because sequestration of said property is the only means of enforcing this Court's orders or decree against said foreign corporate defendants. ”

“ If the judgment proceeds from a nation in which by its jurisprudence, it would not give effect to the decrees of the Tribunals of the Republic, they (sic) shall have no force here.' [22]
When Omar sues Citibank in Montevideo for its account, Citibank will plead the United States decree as a defense, and the Court speculates that Uruguay will give it effect (ante, pp. 384 385) . In light of Uruguay's reciprocity principle the Court's decision implicitly signifies that our courts would recognize a similar order by a Uruguayan court. ”

“ Once that obligation accrues in New York, the Government can garnish it to satisfy the personal judgment. Of course, if the court could directly order Citibank in New York to pay the debt, the obligation would be payable 'within the district' (see Part IV, infra, p. 404) , in which case the quasi in rem statute would serve without necessitating elaborate personal jurisdiction theories.
The reasons why this procedural cakewalking should not commend itself are manifest. Foreign courts in customary international practice (which Uruguay presumably follows) do not enforce foreign tax judgments. ”

“ Great care and reserve should be exercised when extending our notions of personal jurisdiction into the international field, both as a basis for asserting federal judicial power with respect to property in foreign countries and for permitting property in this country to be tied up by foreign courts. ”

“ Judgment can then be obtained together with an order to Omar to transfer the funds in the Montevideo account to the Government. When Omar refuses to comply voluntarily-it has no officers in New York who could be punished for contempt-a court officer appointed under Rule 70 of the Federal Rules of Civil Procedure could be sent to Montevideo to make demand upon the Citibank branch in the name of the United States. [15] If the branch refuses payment, it will breach its contract to pay on demand. ”

“ Courts do not always exert themselves to the full, or direct parties to do all that they can effectively compel, and such forbearance is sometimes called lack of 'jurisdiction.' What reserves a court shall make, when dealing with real property beyond its territory, is not altogether plain ”

“ Judgments rendered foreign states shall have in the Republic (Uruguay) the effect prescribed by applicable treaties.
'Art. 512. If there are not treaties with the nation in which they are rendered, they shall have the same effect which by the laws of that nation, it would give to the decrees rendered in the Republic. ”