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Despite Criticism of S.B. 2212’s Proposed Amendment to the FSIA, New Law Would Not Enable Stolen Art

Posted by Nicholas O'Donnell on May 24, 2012 at 6:04 AM

Doreen Carvajal of the New York Times this week addressed Senate Bill 2212, (the “Foreign Cultural Exchange Jurisdictional Immunity Clarification Act”) this week, a bill approved in March by the House of Representatives.

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Topics: Legislation, Russian art embargo, Nazi stolen art, Russia, Foreign Sovereign Immunities Act, 22 U.S.C. § 2459, Christ Carrying the Cross Dragged by a Rogue, Collections, FSIA, Restitution, World War II, IFSA, Foreign Sovereign Immunities, Portrait of Wally, Immunity from Seizure Act, New York Times, Chabad, Foreign Cultural Exchange Jurisdictional Immunity

Portrait of Wally in Hindsight: What did it Really Change?

Posted by Nicholas O'Donnell on April 25, 2012 at 1:53 PM

A new piece at the Art Newspaper reflects on the importance of the Portrait of Wally case. Wally was seized in 1998 by customs officials on the theory that it was stolen property when imported into the U.S. The painting sat in a warehouse for 12 years, until a settlement returned the painting to Vienna in 2010 and a payment to Lea Bondi's heirs was made. I recall well the citywide celebrations in the Austrian capital when the painting returned; banners on lampposts proclaimed Bildnis Wally kehrt zurück—Portrait of Wally returns!

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Topics: Maria Altmann, Portrait of Adele Bloch-Bauer, Malewicz v. City of Amsterdam, The Art Newspaper, 22 U.S.C. § 2459, FSIA, IFSA, Foreign Sovereign Immunities, Portrait of Wally, S.B. 2212, Immunity from Seizure Act, Customs, Gustav Klimt, Vienna

Commentary Takes Shape on S.B. 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

Posted by Nicholas O'Donnell on April 11, 2012 at 12:47 PM

It’s been a few weeks since the House passed the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 4086) and sent it on to the Senate for consideration as S.B. 2212. It has bipartisan sponsorship there (Dianne Feinstein and Orrin Hatch), but no word yet on when it will be put to a vote.

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Topics: Girolamo Romano, Dianne Feinstein, Nazi-looted art, Foreign Sovereign Immunities Act, 28 U.S.C. § 1603, 22 U.S.C. § 2459, Christ Carrying the Cross Dragged by a Rogue, Hermann Goring, Collections, FSIA, Restitution, 19 U.S.C. § 1595a, Schneerson library, Orrin Hatch, Senate Bill 2212, World War II, IFSA, Foreign Sovereign Immunities, Portrait of Wally, Immunity from Seizure Act, Customs, Chabad, Foreign Cultural Exchange Jurisdictional Immunity

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About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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