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Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Reintroduced in House of Representatives, Would Ban Use of Exhibition Loan as Basis for Federal Court Jurisdiction

Posted by Nicholas O'Donnell on March 31, 2014 at 4:04 AM

Steve Chabot (R-OH) has reintroduced the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 4292), after a previous attempt to amend the Foreign Sovereign Immunities Act with regard to the loan of cultural objects failed to become law in 2012. The text of the March 25, 2014 bill is identical to the version that passed in the House in 2012. Its co-sponsors are John Conyers (D-MI) and Bob Goodlatte (R-VA), and it has been referred to the House Judiciary Committee.

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Topics: Cornelius Gurlitt, Malewicz v. City of Amsterdam, Girolamo Romano, Gurlitt Collection, 22 U.S.C. § 2459, Christ Carrying the Cross Dragged by a Rogue, 517 F.Supp.2d 322, FSIA, Restitution, David Toren, 19 U.S.C. § 1595a, Steve Chabot, Orrin Hatch, House Judiciary Committee, 28 U.S.C. § 1605(a)(2), 28 U.S.C. § 1605(a)(3), Senate Bill 2212, World War II, IFSA, Foreign Sovereign Immunities, Altmann v. Republic of Austria, Portrait of Wally, John Conyers, Immunity from Seizure Act, Dianne Feinstein Foreign Sovereign Immunities Act, Federal Republic of Germany, 28 U.S.C. § 1605, H.R. 4292, Foreign Cultural Exchange Jurisdictional Immunity

Bi-Partisan Sponsors for Senate Bill 2212 Sign On

Posted by Nicholas O'Donnell on December 13, 2012 at 3:53 AM

Bi-partisan momentum appears to be gathering for Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (a bill that would clarify an exception to the Foreign Sovereign Immunities Act in respect to the loan of cultural artifacts). After Senator Charles Schumer (D-NY) signed on as a co-sponsor on November 27, 2012, others have followed. In addition to its original co-sponsors Dianne Feinstein (D-CA) and Orrin Hatch (R-UT), the bill has since gained the co-sponsorship of John Cornyn (R-TX) on December 3, 2012; Thomas Coburn (R-OK) on December 11, 2012; and Chris Coons (D-DE) on December 12, 2012.

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Topics: Legislation, Dianne Feinstein, Thomas Coburn, Chris Coons, Restitution, Orrin Hatch, Senate Bill 2212, Foreign Sovereign Immunities, S.B. 2212, Charles Schumer, John Cornyn, Foreign Cultural Exchange Jurisdictional Immunity

Best Case for Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (S.B. 2212) May Have been Made by its Sponsors

Posted by Nicholas O'Donnell on June 5, 2012 at 5:23 AM

Perhaps lost in the coverage about Senate Bill 2212 (the Art Law Report no less than anyone else) to amend the Foreign Sovereign Immunities Act to preclude claims against defendants whose “commercial activity” is limited to the loan of artwork whose ownership is in dispute, is the case made by the sponsors of the bill themselves, Senators Dianne Feinstein (D, CA) and Orrin Hatch (R, UT).

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Topics: Nazi stolen art, Malewicz v. City of Amsterdam, Dianne Feinstein, Immunity from Seizure, 28 U.S.C. 1605(a)(3), FSIA, Restitution, Orrin Hatch, Senate Bill 2212, World War II, IFSA, Foreign Sovereign Immunities, Immunity from Seizure Act, Foreign Cultural Exchange Jurisdictional Immunity

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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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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