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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 state 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 sub-
section (a) of Public Law 89–259 (22 U.S.C. 
2459(a)), that such work is of cultural signifi-
cance and the temporary 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 (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 jurisdic-
tion under subsection (a)(3) in which rights in 
property taken in violation of international law 
are in issue within the meaning of that sub-
section 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 covered government dur-
ing 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 
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‘‘(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 ac-
tivity associated with the exhibition or dis-
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play 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 juris-
diction over the foreign state under sub-
section (a)(3). 
‘‘(3) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(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 dur-
ing the covered period; 
‘‘(ii) any government in any area in 
Europe that was occupied by the military 
forces of the Government of Germany dur-
ing the covered period; 
‘‘(iii) any government in Europe that 
was established with the assistance or co-
operation 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 
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‘‘(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. 
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. 
Passed the House of Representatives December 8, 
2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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