PUBLIC LAW 114–319—DEC. 16, 2016 

FOREIGN CULTURAL EXCHANGE 

JURISDICTIONAL IMMUNITY CLARIFICATION 

ACT 


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130 STAT. 1618 PUBLIC LAW 114–319—DEC. 16, 2016 

Public Law 114–319 

114th Congress 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Foreign Cultural Exchange Jurisdictional Immunity Clarification Act’’. 

SEC. 2. CLARIFICATION OF JURISDICTIONAL IMMUNITY OF FOREIGN 

STATES. 

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

is amended by adding at the end the following: 

‘‘(h) JURISDICTIONAL IMMUNITY FOR CERTAIN ART EXHIBITION

ACTIVITIES.— 

‘‘(1) IN GENERAL.—If— 

‘‘(A) a work is imported into the United States from 

any foreign state pursuant to an agreement that provides 

for the temporary exhibition or display of such work entered 

into between a foreign state that is the owner or custodian 

of such work and the United States or one or more cultural 

or educational institutions within the United States; 

‘‘(B) the President, or the President’s designee, has 

determined, in accordance with subsection (a) of Public 

Law 89–259 (22 U.S.C. 2459(a)), that such work is of cultural significance and the temporary exhibition or display 

of such work is in the national interest; and 

‘‘(C) the notice thereof has been published in accordance with subsection (a) of Public Law 89–259 (22 U.S.C. 

2459(a)), 

any activity in the United States of such foreign state, or 

of any carrier, that is associated with the temporary exhibition 

or display of such work shall not be considered to be commercial 

activity by such foreign state for purposes of subsection (a)(3). 

‘‘(2) EXCEPTIONS.— 

‘‘(A) NAZI-ERA CLAIMS.—Paragraph (1) shall not apply 

in any case asserting jurisdiction under subsection (a)(3) 

in which rights in property taken in violation of international law are in issue within the meaning of that subsection and— 

‘‘(i) the property at issue is the work described 

in paragraph (1); 

President. 

Determination. 

Exports and 

imports. 

Foreign Cultural 

Exchange 

Jurisdictional 

Immunity 

Clarification Act. 

28 USC 1 note. 

Dec. 16, 2016 

[H.R. 6477] 


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PUBLIC LAW 114–319—DEC. 16, 2016 130 STAT. 1619 

‘‘(ii) the action is based upon a claim that such 

work was taken in connection with the acts of a covered 

government during the covered period; 

‘‘(iii) the court determines that the activity associated with the exhibition or display is commercial 

activity, as that term is defined in section 1603(d); 

and 

‘‘(iv) a determination under clause (iii) is necessary 

for the court to exercise jurisdiction over the foreign 

state under subsection (a)(3). 

‘‘(B) OTHER CULTURALLY SIGNIFICANT WORKS.—In addition to cases exempted under subparagraph (A), paragraph 

(1) shall not apply in any case asserting jurisdiction under 

subsection (a)(3) in which rights in property taken in violation of international law are in issue within the meaning 

of that subsection and— 

‘‘(i) the property at issue is the work described 

in paragraph (1); 

‘‘(ii) the action is based upon a claim that such 

work was taken in connection with the acts of a foreign 

government as part of a systematic campaign of coercive confiscation or misappropriation of works from 

members of a targeted and vulnerable group; 

‘‘(iii) the taking occurred after 1900; 

‘‘(iv) the court determines that the activity associated with the exhibition or display is commercial 

activity, as that term is defined in section 1603(d); 

and 

‘‘(v) a determination under clause (iv) is necessary 

for the court to exercise jurisdiction over the foreign 

state under subsection (a)(3). 

‘‘(3) DEFINITIONS.—For purposes of this subsection— 

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

object of cultural significance; 

‘‘(B) the term ‘covered government’ means— 

‘‘(i) the Government of Germany during the covered 

period; 

‘‘(ii) any government in any area in Europe that 

was occupied by the military forces of the Government 

of Germany during the covered period; 

‘‘(iii) any government in Europe that was established with the assistance or cooperation of the Government of Germany during the covered period; and 

‘‘(iv) any government in Europe that was an ally 

of the Government of Germany during the covered 

period; and 

‘‘(C) the term ‘covered period’ means the period beginning on January 30, 1933, and ending on May 8, 1945.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to any civil action commenced on or after the date 

of the enactment of this Act. 

Applicability. 

28 USC 1605 

note. 

Time period. 

Determination. 

Determination. 


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130 STAT. 1620 PUBLIC LAW 114–319—DEC. 16, 2016 

LEGISLATIVE HISTORY—H.R. 6477: 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Dec. 8, considered and passed House. 

Dec. 9, considered and passed Senate. 

Æ 

SEC. 3. NOTIFICATION. 

The Secretary of State shall ensure that foreign states that 

apply for immunity under Public Law 89–259 (22 U.S.C. 2459) 

are appropriately notified of the text of this Act. 

Approved December 16, 2016. 

28 USC 1605 

note. 


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