Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

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.

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.)

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.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4292 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4292

  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.


_______________________________________________________________________


                    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.

    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 
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 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.
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