Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

Bill: 114-s-3155
Sponsor: full_name: Sen. Hatch, Orrin G. [R-UT]
Introduced: 2016-07-11
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
Latest action: action_date: 2016-09-15
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 632.

Summaries:
action_date: 2016-07-11
action_desc: Introduced in Senate
text: <p><b>Foreign Cultural Exchange Jurisdictional Immunity Clarification Act</b></p> <p>This bill 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.</p> <p>The bill 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:</p> <ul> <li> 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 </li> <li>the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest. </li> </ul> <p>The bill denies immunity, however, in cases concerning rights in property taken in violation of international law in which the action is based upon a claim that the work was taken: (1) 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; or (2) after 1900 in connection with the acts of a foreign government against members of a targeted group as part of a similar systematic confiscation or misappropriation of works. For purposes of these denials of immunity, the court must determine that the activity associated with the exhibition or display is commercial and that determination must be necessary for the court to exercise jurisdiction over the foreign state.</p>

action_date: 2016-09-15
action_desc: Reported to Senate without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Foreign Cultural Exchange Jurisdictional Immunity Clarification Act</b></p> <p>(Sec. 2) This bill 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.</p> <p>The bill 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:</p> <ul> <li>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 </li> <li>the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest. </li></ul> <p>The bill denies immunity, however, in cases concerning rights in property taken in violation of international law in which the action is based upon a claim that the work was taken: (1) 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; or (2) after 1900 in connection with the acts of a foreign government against members of a targeted group as part of a similar systematic confiscation or misappropriation of works. For purposes of these denials of immunity, the court must determine that the activity associated with the exhibition or display is commercial and that determination must be necessary for the court to exercise jurisdiction over the foreign state.</p>

tv_txt: II 114th CONGRESS 2d Session S. 3155 IN THE SENATE OF THE UNITED STATES July 11, 2016 Mr. Hatch (for himself, Mrs. Feinstein , Mr. Cornyn , Mr. Coons , Mr. Lee , Mr. Schumer , and Mr. Tillis ) introduced the following bill; which was read twice and 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 state 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) Exceptions (A) 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— (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 during 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 (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 against members of a targeted group as part of a systematic confiscation or misappropriation of works in a manner similar to the actions of a covered government in subparagraph (A); (iii) the taking occurred after 1900; (iv) 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 (v) a determination under clause (iv) 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: II Calendar No. 632 114th CONGRESS 2d Session S. 3155 IN THE SENATE OF THE UNITED STATES July 11, 2016 Mr. Hatch (for himself, Mrs. Feinstein , Mr. Cornyn , Mr. Coons , Mr. Lee , Mr. Schumer , Mr. Tillis , Mr. Blumenthal , Mr. Durbin , Mr. Franken , Mr. Graham , Mr. Udall , Ms. Klobuchar , Mr. Grassley , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary September 15, 2016 Reported by Mr. Grassley , without amendment 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 state 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) Exceptions (A) 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— (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 during 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 (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 against members of a targeted group as part of a systematic confiscation or misappropriation of works in a manner similar to the actions of a covered government in subparagraph (A); (iii) the taking occurred after 1900; (iv) 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 (v) a determination under clause (iv) 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.

September 15, 2016 Reported without amendment