What is the test for determining whether a foreign sovereign has been subject to Rule 60(b) of the Foreign Sovereign Investment Act?

11 After the district court ruled on the Rule 60(b) motions, this court decided Meadows v. Dominican Republic, 817 F.2d 517 (9th Cir.), cert. denied, --- U.S. ----, 108 S.Ct. 486, 487, 98 L.Ed.2d 485 (1987). In that case, we affirmed the district court's finding of subject matter jurisdiction under the FSIA because the record showed that the challenged action of the foreign sovereign, the obtaining of a loan commitment, was a "commercial transaction" which caused a "direct effect to occur in the United States." Id. at 523. In reaching this conclusion, we articulated the following test for determining jurisdiction under the FSIA: