I 

112TH CONGRESS 

2D SESSION H. R. 4086 

To amend chapter 97 of title 28, United States Code, to clarify the exception 

to foreign sovereign immunity set forth in section 1605(a)(3) of such title. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2012 

Mr. CHABOT (for himself, Mr. CONYERS, Mr. SMITH of Texas, and Mr. 

COHEN) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend chapter 97 of title 28, United States Code, to 

clarify the exception to foreign sovereign immunity set 

forth in section 1605(a)(3) of such title. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Cultural Ex5 change Jurisdictional Immunity Clarification Act’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 4086 IH

1 SEC. 2. CLARIFICATION OF JURISDICTIONAL IMMUNITY OF 

2 FOREIGN STATES. 

3 (a) IN GENERAL.—Section 1605 of title 28, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(h) JURISDICTIONAL IMMUNITY FOR CERTAIN ART

7 EXHIBITION ACTIVITIES.— 

8 ‘‘(1) IN GENERAL.—If— 

9 ‘‘(A) a work is imported into the United 

10 States from any foreign country pursuant to an 

11 agreement that provides for the temporary exhi12 bition or display of such work entered into be13 tween a foreign state that it is the owner or 

14 custodian of such work and the United States 

15 or one or more cultural or educational institu16 tions within the United States, 

17 ‘‘(B) the President, or the President’s des18 ignee, has determined, in accordance with Pub19 lic Law 89–259 (22 U.S.C. 2459), that such 

20 work is of cultural significance and the tem21 porary exhibition or display of such work is in 

22 the national interest; and 

23 ‘‘(C) the notice thereof has been published 

24 in accordance with subsection (a) of Public Law 

25 89–259, 


jbell on DSK7SPTVN1PROD with BILLS
3 

•HR 4086 IH

1 any activity in the United States of such foreign 

2 state, or of any carrier, that is associated with the 

3 temporary exhibition or display of such work shall 

4 not be considered to be commercial activity by such 

5 foreign state for purposes of subsection (a)(3) of 

6 this section. 

7 ‘‘(2) NAZI ERA CLAIMS.—Paragraph (1) shall 

8 not apply in any case in which— 

9 ‘‘(A) the action is based upon a claim that 

10 the work was taken in Europe in violation of 

11 international law by a covered government dur12 ing the covered period; 

13 ‘‘(B) the court determines that the activity 

14 associated with the exhibition or display is com15 mercial activity, as that term is defined in sec16 tion 1603(d) of this title; and 

17 ‘‘(C) such determination is necessary for 

18 the court to exercise jurisdiction over the for19 eign state under subsection (a)(3) of this sec20 tion. 

21 ‘‘(3) DEFINITIONS.—For purposes of this sub22 section— 

23 ‘‘(A) the term ‘work’ means a work of art 

24 or other object of cultural significance; 


jbell on DSK7SPTVN1PROD with BILLS
4 

•HR 4086 IH

1 ‘‘(B) the term ‘covered government’ 

2 means— 

3 ‘‘(i) the Nazi government of Germany; 

4 ‘‘(ii) any government in any area oc5 cupied by the military forces of the Nazi 

6 government of Germany; 

7 ‘‘(iii) any government established with 

8 the assistance or cooperation of the Nazi 

9 government of Germany; and 

10 ‘‘(iv) any government that was an ally 

11 of the Nazi government of Germany during 

12 the covered period; and 

13 ‘‘(C) the term ‘covered period’ means the 

14 period beginning on January 30, 1933, and 

15 ending on May 8, 1945.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 this section shall apply to any civil action commenced on 

18 or after the date of the enactment of this Act. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS