Foreign Cultural Exchange Jurisdictional Immunity Clarification Act
PL 114-319 (H.R.6477), enacted 12/16/2016

130 STAT. 1618 
PUBLIC LAW 114–319—DEC. 16, 2016 
Public Law 114–319 
114th Congress 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Cultural Exchange Juris-
dictional 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 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 cul-
tural significance and the temporary exhibition or display 
of such work is in the national interest; and 
‘‘(C) the notice thereof has been published in accord-
ance 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 inter-
national law are in issue within the meaning of that sub-
section and— 
‘‘(i) the property at issue is the work described 
in paragraph (1); 
President. 
Determination. 
Exports and 
imports. 
Foreign Cultural 
Exchange 
Jurisdictional 
Immunity 
Clarification Act. 
28 USC 1 note. 
Dec. 16, 2016 
[H.R. 6477] 
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130 STAT. 1619 
PUBLIC LAW 114–319—DEC. 16, 2016 
‘‘(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 associ-
ated 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 addi-
tion 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 viola-
tion 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 coer-
cive 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 activity associ-
ated 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 estab-
lished with the assistance or cooperation of the Govern-
ment 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 begin-
ning 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. 
Applicability. 
28 USC 1605 
note. 
Time period. 
Determination. 
Determination. 
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130 STAT. 1620 
PUBLIC LAW 114–319—DEC. 16, 2016 
LEGISLATIVE HISTORY—H.R. 6477: 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Dec. 8, considered and passed House. 
Dec. 9, considered and passed Senate. 
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. 
Approved December 16, 2016. 
28 USC 1605 
note. 
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