The respondents Nelson, a married couple, filed this action for damages against petitioners, the Kingdom of Saudi Arabia, a Saudi hospital, and the hospitals purchasing agent in the United States. They alleged, among other things, that respondent husband suffered personal injuries as a result of the Saudi Governments unlawful detention and torture of him and petitioners negligent failure to warn him of the possibility of severe retaliatory action if he attempted to report on-the-job hazards. The Nelsons asserted jurisdiction under the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. 1605(a)(2), which confers jurisdiction where an action is "based upon a commercial activity carried on in the United States by the foreign state." The District Court dismissed for lack of subject matter jurisdiction. The Court of Appeals reversed, concluding that respondent husbands recruitment and hiring were "commercial activities" upon which the Nelsons action was "based" for purposes of 1605(a)(2).

Held:

The Nelsons action is not "based upon a commercial activi