[114th Congress Public Law 319]
[From the U.S. Government Publishing Office]
[[Page 1617]]
FOREIGN CULTURAL EXCHANGE JURISDICTIONAL IMMUNITY CLARIFICATION ACT
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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. <<NOTE: Dec. 16, 2016 - [H.R. 6477]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Foreign Cultural
Exchange Jurisdictional Immunity Clarification Act. 28 USC 1 note.>>
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) <<NOTE: Exports and imports.>> 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) <<NOTE: President. Determination.>> 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);
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``(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) <<NOTE: Determination.>> 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 as part of a systematic
campaign of coercive confiscation or
misappropriation of works from members of a
targeted and vulnerable group;
``(iii) the taking occurred after 1900;
``(iv) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> the term `covered
period' means the period beginning on January 30, 1933,
and ending on May 8, 1945.''.
(b) <<NOTE: Applicability. 28 USC 1605 note.>> 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.
[[Page 130 STAT. 1620]]
SEC. 3. <<NOTE: 28 USC 1605 note.>> 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.
LEGISLATIVE HISTORY--H.R. 6477:
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CONGRESSIONAL RECORD, Vol. 162 (2016):
Dec. 8, considered and passed House.
Dec. 9, considered and passed Senate.
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