335. Acts of persons or entities exercising elements of governmental authority.

335.     Acts of persons or entities exercising elements of governmental authority.

The conduct of a person or entity which is not an organ of the state but which is empowered under the state's domestic law to exercise elements of governmental authority is attributable to the state provided that the person or entity was acting in that capacity in committing the conduct in question1. Attribution of conduct on this basis extends to the conduct of parastatal entities which are empowered to exercise elements of governmental authority in place of state organs, and state corporations which have been privatised