IIB 
112TH CONGRESS 
2D SESSION 
H. R. 4086 
IN THE SENATE OF THE UNITED STATES 
MARCH 20, 2012 
Received; read twice and referred to the Committee on the Judiciary 
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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Cultural Ex-
change 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 fol-
lowing: 
‘‘(h) JURISDICTIONAL IMMUNITY FOR CERTAIN ART 
EXHIBITION ACTIVITIES.— 
‘‘(1) IN GENERAL.—If— 
‘‘(A) a work is imported into the United 
States from any foreign country pursuant to an 
agreement that provides for the temporary exhi-
bition or display of such work entered into be-
tween a foreign state that is the owner or cus-
todian 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 des-
ignee, has determined, in accordance with Pub-
lic Law 89–259 (22 U.S.C. 2459), that such 
work is of cultural significance and the tem-
porary exhibition or display of such work is in 
the national interest, and 
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‘‘(C) the notice thereof has been published 
in accordance with subsection (a) of Public Law 
89–259, 
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) of 
this section. 
‘‘(2) NAZI-ERA CLAIMS.—Paragraph (1) shall 
not apply in any case in which— 
‘‘(A) the action is based upon a claim that 
the work was taken in Europe in violation of 
international law by a covered government dur-
ing the covered period; 
‘‘(B) the court determines that the activity 
associated with the exhibition or display is com-
mercial activity, as that term is defined in sec-
tion 1603(d) of this title; and 
‘‘(C) such determination is necessary for 
the court to exercise jurisdiction over the for-
eign state under subsection (a)(3) of this sec-
tion. 
‘‘(3) DEFINITIONS.—For purposes of this sub-
section— 
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‘‘(A) the term ‘work’ means a work of art 
or other object of cultural significance; 
‘‘(B) 
the 
term 
‘covered 
government’ 
means— 
‘‘(i) the Nazi government of Germany; 
‘‘(ii) any government in any area oc-
cupied by the military forces of the Nazi 
government of Germany; 
‘‘(iii) any government established with 
the assistance or cooperation of the Nazi 
government of Germany; and 
‘‘(iv) any government that was an ally 
of the Nazi 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. 
Passed the House of Representatives March 19, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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