Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

Bill: 113-hr-4292
Sponsor: full_name: Rep. Chabot, Steve [R-OH-1]
Introduced: 2014-03-25
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
Latest action: action_date: 2014-05-07
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2014-03-25
action_desc: Introduced in House
text: <p>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.</p> <p>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.) </p> <p>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.</p>

action_date: 2014-05-06
action_desc: Passed House without amendment
text: <p><b>(This measure has not been amended since it was introduced. The summary of that version is repeated here.)</b></p> <p>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.</p> <p>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.) </p> <p>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.</p>

tv_txt: I 113th CONGRESS 2d Session H. R. 4292 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 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.

1. Short title This Act may be cited as the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act . 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 following: (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 exhibition or display of such work entered into between a foreign state that is the owner or custodian 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 designee, has determined, in accordance with subsection (a) of Public Law 89–259 ( 22 U.S.C. 2459(a) ), that such work is of cultural significance and the temporary exhibition or display of such work is in the national interest, and (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) Nazi-era claims 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— (A) the property at issue is the work described in paragraph (1); (B) the action is based upon a claim that such work was taken in connection with the acts of a covered government during the covered period; (C) 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 (D) a determination under subparagraph (C) is necessary for the court to exercise jurisdiction over the foreign state under subsection (a)(3). (3) Definitions For purposes of this subsection— (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 during the covered period; (ii) any government in any area in Europe that was occupied by the military forces of the Government of Germany during the covered period; (iii) any government in Europe that was established with the assistance or cooperation 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 (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.

tv_txt: I 113th CONGRESS 2d Session H. R. 4292 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act . 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 following: (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 exhibition or display of such work entered into between a foreign state that is the owner or custodian 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 designee, has determined, in accordance with subsection (a) of Public Law 89–259 ( 22 U.S.C. 2459(a) ), that such work is of cultural significance and the temporary exhibition or display of such work is in the national interest, and (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) Nazi-era claims 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— (A) the property at issue is the work described in paragraph (1); (B) the action is based upon a claim that such work was taken in connection with the acts of a covered government during the covered period; (C) 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 (D) a determination under subparagraph (C) is necessary for the court to exercise jurisdiction over the foreign state under subsection (a)(3). (3) Definitions For purposes of this subsection— (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 during the covered period; (ii) any government in any area in Europe that was occupied by the military forces of the Government of Germany during the covered period; (iii) any government in Europe that was established with the assistance or cooperation 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 (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 May 6, 2014. Karen L. Haas, Clerk.

tv_txt: IIB 113th CONGRESS 2d Session H. R. 4292 IN THE SENATE OF THE UNITED STATES May 7, 2014 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.

1. Short title This Act may be cited as the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act . 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 following: (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 exhibition or display of such work entered into between a foreign state that is the owner or custodian 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 designee, has determined, in accordance with subsection (a) of Public Law 89–259 ( 22 U.S.C. 2459(a) ), that such work is of cultural significance and the temporary exhibition or display of such work is in the national interest, and (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) Nazi-era claims 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— (A) the property at issue is the work described in paragraph (1); (B) the action is based upon a claim that such work was taken in connection with the acts of a covered government during the covered period; (C) 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 (D) a determination under subparagraph (C) is necessary for the court to exercise jurisdiction over the foreign state under subsection (a)(3). (3) Definitions For purposes of this subsection— (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 during the covered period; (ii) any government in any area in Europe that was occupied by the military forces of the Government of Germany during the covered period; (iii) any government in Europe that was established with the assistance or cooperation 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 (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 May 6, 2014. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 323 113th CONGRESS 2d Session H. R. 4292 [Report No. 113–435] 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 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.

1. Short title This Act may be cited as the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act . 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 following: (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 exhibition or display of such work entered into between a foreign state that is the owner or custodian 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 designee, has determined, in accordance with subsection (a) of Public Law 89–259 ( 22 U.S.C. 2459(a) ), that such work is of cultural significance and the temporary exhibition or display of such work is in the national interest, and (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) Nazi-era claims 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— (A) the property at issue is the work described in paragraph (1); (B) the action is based upon a claim that such work was taken in connection with the acts of a covered government during the covered period; (C) 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 (D) a determination under subparagraph (C) is necessary for the court to exercise jurisdiction over the foreign state under subsection (a)(3). (3) Definitions For purposes of this subsection— (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 during the covered period; (ii) any government in any area in Europe that was occupied by the military forces of the Government of Germany during the covered period; (iii) any government in Europe that was established with the assistance or cooperation 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 (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.

May 6, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed