[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6477 Enrolled Bill (ENR)]
H.R.6477
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
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
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 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) 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.
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.