We affirm for substantially the reasons stated by the district court. See Eaglet Carp. v. Banco Central de Nicaragua, 839 F.Supp. 232 (S.D.N.Y. 1993). However, because the dismissal of the complaint was for lack of subject matter jurisdiction, both parties agree that the dismissal must be without prejudice. Fed.R.Civ.P. 41; see generally Costello v. United States, 365 U.S. 265, 284-88, 81 S.Ct. 534, 544-46, 5 L.Ed.2d 551 (1961).