Art Law Report

Foreign Cultural Exchange Jurisdictional Clarification Act and the Immunity from Seizure Act—Status Quo Is Often Misunderstood

Posted by Nicholas O'Donnell on June 15, 2015 at 6:04 AM

There has been additional commentary in the last week on the Foreign Cultural Exchange Jurisdictional Clarification Act, including this piece at Hyperallergic in which I’m quoted. The piece reminds me to revisit a confusing subject latent in the whole discussion: immunity from suit versus immunity from seizure. Despite what one frequently reads, the current bill would have no effect at all on immunity from seizure, which seems to be most people’s concern. It would affect only a small category of exceptions for immunity from suit, that is, who can be sued, not what can be loaned into the United States.

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Topics: Foreign Cultural Exchange Jurisdictional Clarifica, Amsterdam, Thyssen-Bornemisza Collection, U.S. Federal Republic of Germany, Foreign Sovereign Immunities Act, FSIA, Restitution, Kingdom of Spain, IFSA, Foreign Sovereign Immunities, Immunity from Seizure Act, Museums, 28 U.S.C. § 1605, Foreign Cultural Exchange Jurisdictional Immunity, State Department

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.

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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

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