Art Law Report

Foreign Cultural Exchange Jurisdictional Clarification Act Returns

Posted by Nicholas O'Donnell on June 10, 2015 at 12:47 PM

The U.S. House of Representatives passed yesterday H.R. 889, the Foreign Cultural Exchange Jurisdictional Clarification Act for the third time in four years. Identical bills passed the house in early 2012 and again last year but failed to win passage in the Senate and signature by the President, thus expiring without becoming a law (and remaining just a bill sitting on Capitol Hill). Will it become law? Probably not, and after a little reflection and evolution, that’s probably for the best.

Read More

Topics: U.S. House of Representatives, Foreign Cultural Exchange Jurisdictional Clarifica, Second Hickenlooper Amendment, Russia, Herrick Feinstein, Nazi-looted art, Konowaloff, Stiftung Preussischer Kulturbesitz, Association of Art Museum Directors, Restitution, World War II, Foreign Sovereign Immunities, act of state doctrine, Senate, Altmann v. Republic of Austria, Capitol Hill, Immunity from Seizure Act, Chabad, Federal Republic of Germany, 28 U.S.C. § 1605, Welfenschatz, Foreign Cultural Exchange Jurisdictional Immunity, Mari-Claudia Jiménez, Cuba

Immunity from Seizure in Focus—Loans from Cuba for Exhibitions on Hold

Posted by Nicholas O'Donnell on March 5, 2015 at 6:39 AM

A recent story in The Art Newspaper spotlights a number of lingering issues related to stolen art, the power of U.S. courts to seize property to satisfy liability, and the role of the Immunity from Seizure Act, 22 U.S.C. § 2459 (IFSA). As we discussed recently, the prospect of a material change in U.S.-Cuba relations, which as a commercial matter haven’t existed for more than 50 years, has broad implications for the art market. Just as importantly, there are many, many unanswered questions about the fate of property in Cuba that changed hands or was nationalized as part of the Cuban Revolution in the late 1950s and onward. Simply put, there are thousands of claims worth billions of dollars for all sorts of property that exiles left behind or had taken from them. While it is still a long way off, one impact of potentially normalized relations is the prospect of sorting through those claims.

Read More

Topics: Legislation, Malevich, Atlanta, Boston College Law School, The Art Newspaper, Immunity from Seizure, Foreign Sovereign Immunities Act, Wifredo Lam: Imagining New Worlds, 22 U.S.C. § 2459, City of Amsterdam, High Museum, McMullen Museum at Boston College, IFSA, Foreign Sovereign Immunities, Portrait of Wally, Immunity from Seizure Act, Museums, Chabad, Foreign Cultural Exchange Jurisdictional Immunity, State Department, Cuba

Changes in U.S. Law Regarding Cuba Will Affect the Arts

Posted by Nicholas O'Donnell on December 19, 2014 at 5:39 AM

This week’s biggest news story (apart from Above the Law’s Awesome Law Blogs of 2014) is the historic reopening of diplomatic relations between the United States and Cuba after more than fifty years. Like a coda to the end of the Cold War, we all found ourselves watching the President of the United States describing how there will once again be a U.S. embassy in Cuba. For those of us who have not been alive as long as diplomatic ties have been severed and the Castro regime has been in place, it was a remarkable sight indeed.

Read More

Topics: Castro, Sudan, Gabriela Rangel, Auctions, U.S. Treasury’s Office of Foreign Assets Control, President of the United States, OFAC, Above the Law, Congress, Art Basel Miami Beach, North Korea, economic embargo of Cuba, Galleries, Wall Street Journal, President Obama, Art Fairs, State Sponsor of Terrorism List, Cuban peso, the Americas Society, 12 Awesome Law Blogs of 2014, Iran, ArtNet, Syria, Foreign Affairs, Art Law Report, State Department, Cuba, Cold War

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

Meet the Editor

Learn more about our Art & Museum Law practice

Subscribe to Blog

Posts by Topic

see all