at 1017.
Section 1605(a)(2) of the Act establishes an exception to immunity when
the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States[.]
§ 1605(a)(2). "Commercial activity" is defined as "either a regular course of commercial conduct or a particular commercial transaction or act." § 1603(d).
Section 1605(a)(2) requires a three-part inquiry. First, the Court must identify the conduct in question. Plaintiffs accurately describe the actions about which they complain asacquired by succession or gift or rights in immovable property situated in the United States are in issue[.]" § 1605(a)(4). It is plaintiffs' position that defendants' actions result in the expropriation of rights in property that Fickling acquired by succession from Florence Fickling's estate which was administered in Suffolk County, New York, and of property located in the United States which serves as security for Fickling's "guarantee to Australia and New Zealand Banking Group Limited of their loan to Johned...." Memorandum In Opposition To Defendants' Motion To Dismiss at 13. Plaintiffs' assertion fails for the simple reason that defendants have not claimed rights to any property located in the United States. In fact, defendants have not claimed rights to any property of plaintiffs either in the United States