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In re Terrorist Attacks on September 11, 2001, 392 F.Supp.2d 539 (2005)
10 A.L.R. Fed. 2d 789

Dr. Al–Nafissa states that private charities in the Kingdom of Saudi Arabia receive governmental approval through Royal Order, are run by boards, and disburse *552 funds in accordance with their charters. (Al–Nafissa Decl. ¶ 5.) In contrast, governmental commissions, such as SHC, are chaired by a governmental official, like Prince Salman, and conduct their affairs in accordance with the Kingdom’s policy objectives. (Id. ¶ 5.) According to Dr. Al–Nafissa, “[d]ecisions regarding causes to support and recipients for Saudi High Commission funds are within the discretion of the Executive Committee, the Supreme Commission, and Prince Salman.” (Id. ¶ 8.) The Kingdom of Saudi Arabia is SHC’s largest source of funding, having provided approximately 30% of the funds used and distributed by SHC. (Al–Roshood Decl. ¶ 24.) The remainder of SHC funds are collected through fundraisers “in accordance with the directives of ... King Fahd.” (Id. ¶ 5.) SHC can be sued for its administrative acts in the Board of Grievances. (Al–Nafissa Decl. ¶ 8.)

In their complaint, the Federal Plaintiffs alleged that SHC is “an agency, instrumentality and organ of the Kingdom of Saudi Arabia.” (Federal Compl. ¶ 181.) They now back away from that allegation and join other Plaintiffs in disputing SHC’s status. Plaintiffs submit that SHC has repeatedly and systematically described itself as a non-governmental organization in representations to the Bosnian government. (See Plaintiffs’ Mem. in Opp’n to SHC Mot. to Dismiss at 10.) Thus, even if SHC is considered a foreign state, Plaintiffs assert it has implicitly waived its immunity through those representations. See 28 U.S.C. § 1605(a)(1) (FSIA waiver provision). Plaintiffs also argue that it is disingenuous for SHC to simultaneously maintain that it is an organ of the Kingdom and that this Court lacks personal jurisdiction over it when the Kingdom itself did not dispute the personal jurisdiction issue.

In response to Plaintiffs’ arguments that it described itself as a non-governmental organization to Bosnian authorities, SHC submits the declaration of Hadsimuratovic Hajrudin, a Bosnian lawyer who serves as a legal advisor to SHC. (See generally Hajrudin Decl. at SHC Reply Ex. A.) Mr. Hajrudin states that SHC characterized itself as non-governmental in accordance with Article 22 of the Law on Humanitarian Activities and Humanitarian Organizations of the Federation of Bosnia and Herzegovina because SHC is “not considered part of the government of Bosnia–Herzegovina.” (Id. ¶ 4.) Mr. Hajrudin attests that the head of SHC’s European Office received diplomatic status in Bosnia–Herzegovina in 1996 because SHC is an organization of the Saudi government. (Id. ¶ 6.) He also states that the Kingdom of Saudi Arabia is represented by SHC when it makes donations to Bosnia–Herzegovina. (Id.)

[6] There is no dispute that SHC is a separate legal person from the Kingdom and not a citizen of the United States or any third country. See 28 U.S.C. § 1603. Accordingly, the only dispute regarding SHC’s status is whether it is an organ of the Kingdom. In Filler v. Hanvit Bank, 378 F.3d 213 (2d Cir.2004), the Second Circuit considered various factors to determine whether an entity could be considered an organ of a foreign sovereign. Id. at 217. The factors include:

(1) whether the foreign state created the entity for a national purpose; (2) whether the foreign state actively supervises the entity; (3) whether the foreign state requires the hiring of public employees and pays their salaries; (4) whether the entity holds exclusive rights to some right in the [foreign] country; and (5) how the entity is treated under foreign state law.

Id. at 217 (citations omitted).

SHC offers undisputed evidence that it was created by the Kingdom’s Council of *553 Ministers to “centralize all charitable giving from the Kingdom to Bosnia–Herzegovina [and that it was] vested with the sole authority to collect and distribute charitable funds in Bosnia.” (Al–Roshood Decl. ¶¶ 5–6; Hajrudin Decl. ¶ 6 & Ex. D (noting the Kingdom of Saudi Arabia provides humanitarian relief to Bosnia through SHC).) The Council of Ministers appointed Prince Salman to supervise SHC. (Al Roshood Decl. ¶¶ 7–9.) The salaries of SHC employees are paid by either the Kingdom of Saudi Arabia or out of the SHC budget. (Id. ¶ 10.) Like other Saudi Arabian government agencies, SHC can be sued in the administrative court of the Kingdom. (Al–Nafissa Decl. ¶ 8.)

The Court finds that SHC has made a prima facie showing that it is a foreign sovereign. See Cargill, 991 F.2d at 1016 (requiring defendant to make prima facie case of sovereignty). Because SHC was formed by order of the Kingdom’s governing body, it provides the Kingdom’s aid to Bosnia, it is governed by a Saudi official and its

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