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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Foreign Cultural Exchange
Jurisdictional 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 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.
. Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (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. 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: 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. 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.