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[114th Congress Public Law 319]
[From the U.S. Government Publishing Office]

[[Page 1617]]

   FOREIGN CULTURAL EXCHANGE JURISDICTIONAL IMMUNITY CLARIFICATION ACT

[[Page 130 STAT. 1618]]

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. <<NOTE: Dec. 16, 2016 -  [H.R. 6477]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Foreign Cultural 
Exchange Jurisdictional Immunity Clarification Act. 28 USC 1 note.>> 
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) <<NOTE: Exports and imports.>>  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) <<NOTE: President. Determination.>>  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);

[[Page 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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  the term `covered 
                period' means the period beginning on January 30, 1933, 
                and ending on May 8, 1945.''.

    (b) <<NOTE: Applicability. 28 USC 1605 note.>>  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.

[[Page 130 STAT. 1620]]

SEC. 3. <<NOTE: 28 USC 1605 note.>>  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.

LEGISLATIVE HISTORY--H.R. 6477:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 162 (2016):
            Dec. 8, considered and passed House.
            Dec. 9, considered and passed Senate.

                                  <all>
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