IB 

Union Calendar No. 323 

113TH CONGRESS 

2D SESSION H. R. 4292 

[Report No. 113–435] 

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 

MARCH 25, 2014 

Mr. CHABOT (for himself, Mr. CONYERS, Mr. GOODLATTE, and Mr. COHEN) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

MAY 6, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 4292 RH

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. 


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•HR 4292 RH

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’’. 

6 SEC. 2. CLARIFICATION OF JURISDICTIONAL IMMUNITY OF 

7 FOREIGN STATES. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘(h) JURISDICTIONAL IMMUNITY FOR CERTAIN ART

12 EXHIBITION ACTIVITIES.— 

13 ‘‘(1) IN GENERAL.—If— 

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

15 States from any foreign country pursuant to an 

16 agreement that provides for the temporary exhi17 bition or display of such work entered into be18 tween a foreign state that is the owner or cus19 todian of such work and the United States or 

20 one or more cultural or educational institutions 

21 within the United States, 

22 ‘‘(B) the President, or the President’s des23 ignee, has determined, in accordance with sub24 section (a) of Public Law 89–259 (22 U.S.C. 

25 2459(a)), that such work is of cultural signifiVerDate Mar 15 2010 21:39 May 06, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4292.RH H4292

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1 cance and the temporary exhibition or display 

2 of such work is in the national interest, and 

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

4 in accordance with subsection (a) of Public Law 

5 89–259 (22 U.S.C. 2459(a)), 

6 any activity in the United States of such foreign 

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

8 temporary exhibition or display of such work shall 

9 not be considered to be commercial activity by such 

10 foreign state for purposes of subsection (a)(3). 

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

12 not apply in any case asserting jurisdiction under 

13 subsection (a)(3) in which rights in property taken 

14 in violation of international law are in issue within 

15 the meaning of that subsection and— 

16 ‘‘(A) the property at issue is the work de17 scribed in paragraph (1); 

18 ‘‘(B) the action is based upon a claim that 

19 such work was taken in connection with the 

20 acts of a covered government during the cov21 ered period; 

22 ‘‘(C) the court determines that the activity 

23 associated with the exhibition or display is com24 mercial activity, as that term is defined in sec25 tion 1603(d); and 


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1 ‘‘(D) a determination under subparagraph 

2 (C) is necessary for the court to exercise juris3 diction over the foreign state under subsection 

4 (a)(3). 

5 ‘‘(3) DEFINITIONS.—For purposes of this sub6 section— 

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

8 or other object of cultural significance; 

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

10 means— 

11 ‘‘(i) the Government of Germany dur12 ing the covered period; 

13 ‘‘(ii) any government in any area in 

14 Europe that was occupied by the military 

15 forces of the Government of Germany dur16 ing the covered period; 

17 ‘‘(iii) any government in Europe that 

18 was established with the assistance or co19 operation of the Government of Germany 

20 during the covered period; and 

21 ‘‘(iv) any government in Europe that 

22 was an ally of the Government of Germany 

23 during the covered period; and 


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

2 period beginning on January 30, 1933, and 

3 ending on May 8, 1945.’’. 

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

5 this section shall apply to any civil action commenced on 

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


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Union Calendar No. 323 

113TH CONGRESS 

2D SESSION H. R. 4292 

[Report No. 113–435] 

A BILL 

To amend chapter 97 of title 28, United States 

title. immunity set forth in section 1605(a)(3) of such Code, to clarify the exception to foreign sovereign 

MAY 6, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS