2.03.040 Sovereign Immunity

(a) The Saint Regis Mohawk Tribe hereby asserts and preserves its sovereign immunity to the fullest possible extent on behalf of itself and its subordinate entities, agencies, officers, agents (including its Tribal attorneys), and employees.

(b) The officers, agents (including Tribal attorneys), and employees of the Saint Regis Mohawk Tribe are immune from suit for acts of omission within the scope of their official capacity and for acts or omissions which such officers, agents (including Tribal attorneys), or employees reasonably believed to be within their official capacity.

(c) Nothing in this Civil Code shall be interpreted as waiving or diminishing the sovereign immunity of the Saint Regis Mohawk Tribe or of its subordinate entities, agencies, officers, agents, or employees.

(d) Tribal sovereign immunity is hereby found and stated to be an essential element of self-determination and self-government, and as such will be waived by the Saint Regis Mohawk Tribal Council only under such circumstances as the Saint Regis Mohawk Tribal Council finds to be in the interests of the Tribe in promoting economic or commercial development or for other Tribal purposes. Any such specific waivers of sovereign immunity as may from time to time be executed must be clear, explicit and in writing; any such waivers shall be interpreted narrowly and limited to the explicit terms of the waivers; and any such waivers shall not by implication or interpretation be extended in any manner or fashion beyond their narrow, explicit terms.

(e) The filing of a claim or complaint by the Saint Regis Mohawk Tribe or any of its subordinate entities, officers, agents or employees does not waive, and shall not be interpreted as waiving sovereign immunity in any manner or fashion including immunity from counter-claims, cross-claims, off-sets, and similar claims.

(f) The Mohawk Tribe does not assert sovereign immunity against claims for equitable relief brought in Mohawk Court (and only in Mohawk Court) under the federal Indian Civil Rights Act, but such claims may not be brought against individual Indians or officers, agents or employees of the Tribe and such claims must be limited to non-monetary (injunctive or declaratory) relief.