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

Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Unexpectedly Dies in Committee

Posted by Nicholas O'Donnell on January 9, 2013 at 6:33 AM

Senate Bill 2212, previously passed by the House of Representatives, seemed to be gathering steam as 2012 came to a close. In November and December bipartisan sponsors were signing on, with no publicly-known opposition as it waited for a Senate Committee on the Judiciary hearing.

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Topics: House Resolution 4086, 113th Congress, Foreign Sovereign Immunities Act, 112th Congress, Restitution, Senate Bill 2212, Foreign Sovereign Immunities, Immunity from Seizure Act, 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

Charles Schumer’s Co-Sponsorship of Senate Bill 2212 Could Signal Movement

Posted by Nicholas O'Donnell on November 29, 2012 at 3:59 AM

The federal register this week noted the addition on November 27, 2012 of Charles Schumer, New York’s senior Senator, as a co-sponsor of Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, the proposed amendment to the Foreign Sovereign Immunities Act that would exempt from the FSIA the loan of certain cultural objects as a basis to invoke U.S. federal court jurisdiction. The bill has already been passed by the House of Representatives. After passage in march and referral to the Senate Judiciary Committee (on which it should be noted, Schumer sits), their has been no news of the bill’s progress.

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Topics: Legislation, the Foreign Cultural Exchange Jurisdictional Immun, Foreign Sovereign Immunities Act, FSIA, Senate Bill 2212, Foreign Sovereign Immunities, Charles Schumer, Foreign Cultural Exchange Jurisdictional Immunity, Art Law Report

Combining the Nazi Theft Exception in Senate Bill 2212 with Immunity from Seizure: Good Policy or Inconsistent Law?

Posted by Nicholas O'Donnell on November 15, 2012 at 6:46 AM

Opposition to Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (a bill the Art Law Report favors in its frequent commentaries) has been renewed recently. Senate Bill 2212 (already passed by the House of Representatives) would remove the mere display of a work of art in the United States as a satisfactory basis to satisfy the commercial activity requirement of the Foreign Sovereign Immunities Act necessary to sue a foreign sovereign here in the United States.

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Topics: Germany, Foreign Sovereign Immunities Act, Plundered Art, 22 U.S.C. § 2459, Restitution, Senate Bill 2212, World War II, Foreign Sovereign Immunities, Nikki Georgopulos, Altmann v. Republic of Austria, Immunity from Seizure Act, Nazi theft, Foreign Cultural Exchange Jurisdictional Immunity, Malevich v. City of Amsterdam, Art Law Report

New Perspective on Senate Bill 2212

Posted by Nicholas O'Donnell on October 24, 2012 at 1:27 PM

Our prior commentary has expressed support for Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act. The bill remains stalled in the Senate Judicary Committee.

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Topics: Senate Bill 2212, S.B. 2212, 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

Cultural Exchange Jurisdictional Amendment Coverage Continues to Miss the Mark: NPR Report Claims Bill Could "Thwart Return of Holocaust Art"

Posted by Nicholas O'Donnell on May 31, 2012 at 10:29 AM

Is it time to invoke the Corollary to Godwin’s Law of Nazi Analogies (i.e., as a discussion grows longer, the probability of a comparison involving Nazis or Hitler increases, and once this occurs, that thread is over, and whoever mentioned the Nazis has automatically the argument ) concerning Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act?

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Topics: Legislation, Godwin’s Law of Nazi Analogies, Holocaust art claims, David Maxon, Dan Monroe, Foreign Sovereign Immunities Act, Morning Edition, Association of Art Museum Directors, Restitution, Senate Bill 2212, World War II, Foreign Sovereign Immunities, Immunity from Seizure Act, Peabody Essex Museum, WNYC, Foreign Cultural Exchange Jurisdictional Immunity, National Public Radio

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: Russian embargo, 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

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act: House Votes to Amend FSIA to Exclude Artwork Loan as Basis for Jurisdiction

Posted by Nicholas O'Donnell on March 22, 2012 at 9:15 AM

The House of Representatives approved the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act on March 19, 2012, to remove the display of a work of art in the United States as basis to sue a foreign sovereign here. The law touches on important distinctions between immunity from suit—when a party cannot be sued at all—from immunity from seizure—when a particular object or asset cannot be seized.

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Topics: Legislation, 22 USC 2459, Immunity from Seizure, FSIA, Restitution, Senate Bill 2212, World War II, Foreign Sovereign Immunities, Portrait of Waly, House of Representatives, Immunity from Suit, Foreign Cultural Exchange Jurisdictional Immunity, State Department

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