CMP.2.1.080 Sovereign Immunity

(a) Immunity from Suit. The Tribe, the Authority, and any entity formed as an arm of the Tribe and operating according to this Code shall possess all the rights, privileges, and immunities of the Tribe as allowed under Tribal and federal law, including sovereign immunity from suit and unconsented judicial or administrative processes, except as specifically limited by this Code.

(b) No Waiver. Nothing in this Code shall be deemed or construed to be a waiver of sovereign immunity.

(c) No Consent to Jurisdiction. Nothing in this Code shall be deemed or construed to be consent to the jurisdiction of the United States or of any state or of any other tribe.

(d) Waivers of Sovereign Immunity. Only the Governing Board may waive the sovereign immunity of the Tribe, the Authority, or any arm of the Tribe. The Governing Board shall not delegate authority to waive immunity to the Authority or to any Person for any purpose related to Consumer Financial Services.

(1) Resolution Effecting Waivers. All waivers of sovereign immunity must be preserved with resolutions of continuing force and effect issued by the Governing Board.

(2) Policy on Waivers. Waivers of sovereign immunity are disfavored and shall be granted only when necessary to secure a substantial advantage or benefit to the Tribe, the Authority or any arm of the Tribe.

(3) Limited Nature of Waivers. Waivers of sovereign immunity shall not be general but shall be specific and limited, including limits as to duration, jurisdiction, venue, causes of action, relief available, grantee, transaction, and recoverable property or funds.

(4) Consent to Enforcement Actions and Immunity. A Licensee's sovereign immunity shall not prevent, either by operation or interpretation, Authority investigations, enforcement actions, and Consumer dispute resolution procedures as described in this Code.