Art Law Report

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: Bob Goodlatte, 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

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, SB 2212, Restitution, 22 U.S.C. 2459, Orrin Hatch, Senate Bill 2212, World War II, IFSA, Foreign Sovereign Immunities, Immunity from Seizure Act, 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, Foreign Sovereign Immunity Act, IFSA, Foreign Sovereign Immunities, Portrait of Wally, S.B. 2212, Immunity from Seizure Act, Customs, Gustav Klimt, Vienna

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