Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

Bill: 114-hr-889
Sponsor: Rep. Chabot, Steve [R-OH-1]
Introduced: 2015-02-11 in the House
Policy area: Law
Subjects: Art, artists, authorship
Cultural exchanges and relations
Europe
Germany
Government liability
Historical and cultural resources
International law and treaties
Jurisdiction and venue
Museums, exhibitions, cultural centers
Property rights
War crimes, genocide, crimes against humanity

Summary:
action_date: 2015-02-11
text: 
 
Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

 
Amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity 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.
 
Grants a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if:
 
 
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 U.S. cultural or educational institutions; and
 
the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest. 
 
 
Denies immunity, however, in 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: 2015-06-08
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

 
(Sec. 2) Amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity 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 from being excluded from jurisdictional immunity as a commercial activity (and thereby provides immunity for) 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 U.S. cultural or educational institutions, and (2) the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest. 
 
Denies immunity in 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: 2015-06-09
text: 
(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)
 

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

 
(Sec. 2) Amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity 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 from being excluded from jurisdictional immunity as a commercial activity (and thereby provides immunity for) 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 U.S. cultural or educational institutions, and (2) the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest. 
 
Denies immunity in 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: 2015-06-10
text: Received in the Senate.
action_date: 2015-06-09
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-06-09
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H3956-3957)
action_date: 2015-06-09
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H3956-3957)
action_date: 2015-06-09
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 889.
action_date: 2015-06-09
text: Considered under suspension of the rules. (consideration: CR H3956-3959)
action_date: 2015-06-09
text: Mr. Goodlatte moved to suspend the rules and pass the bill.
action_date: 2015-06-08
text: Placed on the Union Calendar, Calendar No. 101.
action_date: 2015-06-08
text: Reported by the Committee on Judiciary. H. Rept. 114-141.
action_date: 2015-06-08
text: Reported by the Committee on Judiciary. H. Rept. 114-141.
action_date: 2015-03-24
text: Ordered to be Reported by Voice Vote.
action_date: 2015-03-24
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-03-23
text: Subcommittee on the Constitution and Civil Justice Discharged.
action_date: 2015-03-16
text: Referred to the Subcommittee on the Constitution and Civil Justice.
action_date: 2015-02-11
text: Referred to the House Committee on the Judiciary.
action_date: 2015-02-11
text: Introduced in House
action_date: 2015-02-11
text: Introduced in House