of the actions of an entity described in subsection (a) shall be entitled to recovery from the defendant for damages and other related costs under section 4 of such Act ( 15 U.S.C. 15 ). (c) Elements of prima facie case A plaintiff may initiate a claim against a defendant in an appropriate Federal court for a violation of subsection (a) in order to recover damages under subsection (b) by— (1) establishing, by a preponderance of the evidence, that the defendant— (A) is a foreign state or an agency or instrumentality of a foreign state (as defined in section 1603 of title 28, United States Code)