Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

Bill: 113-hr-4292
Sponsor: Rep. Chabot, Steve [R-OH-1]
Introduced: 2014-03-25 in the House
Policy area: Law
Subjects: Art, artists, authorship
Cultural exchanges and relations
Government liability
International law and treaties
Jurisdiction and venue
Museums, exhibitions, cultural centers
Property rights
War crimes, genocide, crimes against humanity

Summary:
action_date: 2014-03-25
text: 
Foreign Cultural Exchange Jurisdictional Immunity Clarification Act - Amends the federal judicial code with respect to denial of a foreign state's immunity from the jurisdiction of U.S. or state courts (under the Foreign Sovereign Immunities Act) in cases where rights in property taken in violation of international law are in issue and that property (or any property exchanged for it) is: (1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States; or (2) owned by an agency or instrumentality of the foreign state, and that agency or instrumentality is engaged in a commercial activity in the United States.
 
Prohibits consideration as a commercial activity (excluded from jurisdictional immunity) any activity in the United States of a foreign state, or of any carrier, associated with a temporary exhibition or display if: (1) the work of art (or other object of cultural significance) is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or cultural or educational institutions within it; and (2) the President has determined, with notice in the Federal Register, that such work is culturally significant and its temporary exhibition or display is in the national interest. (Thus, grants jurisdictional immunity to the foreign state and associated carrier for such works.) 
 
Denies application of this prohibition to cases concerning rights in property taken in violation of international law in which: (1) the action is based upon a claim that the work was taken between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; (2) the court determines that the activity associated with the exhibition or display is commercial; and (3) that determination is necessary for the court to exercise jurisdiction over the foreign state.

action_date: 2014-05-06
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Foreign Cultural Exchange Jurisdictional Immunity Clarification Act - Amends the federal judicial code with respect to denial of a foreign state's immunity from the jurisdiction of U.S. or state courts (under the Foreign Sovereign Immunities Act) in cases where rights in property taken in violation of international law are in issue and that property (or any property exchanged for it) is: (1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States; or (2) owned by an agency or instrumentality of the foreign state, and that agency or instrumentality is engaged in a commercial activity in the United States.
 
Prohibits consideration as a commercial activity (excluded from jurisdictional immunity) any activity in the United States of a foreign state, or of any carrier, associated with a temporary exhibition or display if: (1) the work of art (or other object of cultural significance) is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or cultural or educational institutions within it; and (2) the President has determined, with notice in the Federal Register, that such work is culturally significant and its temporary exhibition or display is in the national interest. (Thus, grants jurisdictional immunity to the foreign state and associated carrier for such works.) 
 
Denies application of this prohibition to cases concerning rights in property taken in violation of international law in which: (1) the action is based upon a claim that the work was taken between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; (2) the court determines that the activity associated with the exhibition or display is commercial; and (3) that determination is necessary for the court to exercise jurisdiction over the foreign state.


Legislative actions:
action_date: 2014-05-07
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2014-05-06
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 388 - 4 (Roll no. 194). (text: CR H3428-3429)
action_date: 2014-05-06
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 388 - 4 (Roll no. 194).(text: CR H3428-3429)
action_date: 2014-05-06
text: Considered as unfinished business. (consideration: CR H3433-3434)
action_date: 2014-05-06
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2014-05-06
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4292.
action_date: 2014-05-06
text: Considered under suspension of the rules. (consideration: CR H3428-3430)
action_date: 2014-05-06
text: Mr. Chabot moved to suspend the rules and pass the bill.
action_date: 2014-05-06
text: Placed on the Union Calendar, Calendar No. 323.
action_date: 2014-05-06
text: Reported by the Committee on Judiciary. H. Rept. 113-435.
action_date: 2014-05-06
text: Reported by the Committee on Judiciary. H. Rept. 113-435.
action_date: 2014-04-02
text: Ordered to be Reported by Voice Vote.
action_date: 2014-04-02
text: Committee Consideration and Mark-up Session Held.
action_date: 2014-03-31
text: Subcommittee on the Constitution and Civil Justice Discharged.
action_date: 2014-03-26
text: Referred to the Subcommittee on the Constitution and Civil Justice.
action_date: 2014-03-25
text: Referred to the House Committee on the Judiciary.
action_date: 2014-03-25
text: Introduced in House
action_date: 2014-03-25
text: Introduced in House