US SB2212 | 2011-2012 | 112th Congress
Status
March 20 2012 - Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1849)
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [PDF]
Pending: Senate Judiciary Committee
Text: Latest bill text (Introduced) [PDF]
Summary
Foreign Cultural Exchange Jurisdictional Immunity Clarification Act - Amends the federal judicial code with respect to denial of a foreign state's immunity from the jurisdiction of U.S. or state courts (under the Foreign Sovereign Immunities Act) in cases where rights in property taken in violation of international law are in issue and that property (or any property exchanged for it) is: (1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States; or (2) owned by an agency or instrumentality of the foreign state, and that agency or instrumentality is engaged in a commercial activity in the United States. Prohibits consideration as a commercial activity (excluded from jurisdictional immunity) any activity in the United States of a foreign state, or of any carrier, associated with a temporary exhibition or display if: (1) the work of art (or other object of cultural significance) in question is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibit or display between a foreign state that is its owner or custodian and the United States or cultural or educational institutions within it; and (2) the President has determined, with notice in the Federal Register, that such work is culturally significant and its temporary exhibition or display is in the national interest. (Thus grants jurisdictional immunity to the foreign state and associated carrier for such works.) Denies application of this prohibition to cases in which: (1) the action filed is based upon a claim that the work was taken in Europe in violation of international law by the Nazi government of Germany or governments occupied, assisted, or allied by the Nazi government between January 30, 1933, and May 8, 1945; (2) the court determines that the activity associated with the exhibition or display is commercial; and (3) that determination is necessary for the court to exercise jurisdiction over the foreign state.
Title
Foreign Cultural Exchange Jurisdictional Immunity Clarification Act
Sponsors
| Sen Feinstein, Dianne | Sen Coburn, Tom | Sen Coons, Christopher A. | Sen Cornyn, John |
| Sen Hatch, Orrin G. | Sen Schumer, Charles E. |
History
| Date | Chamber | Action |
|---|---|---|
| 2012-03-20 | Senate | Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1849) |
| 2012-03-20 | Senate | Sponsor introductory remarks on measure. (CR S1848-1849) |
Same As/Similar To
HB4086 (Related) 2012-03-20 - Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Subjects
Art, artists, authorship
Cultural exchanges and relations
Government liability
International law and treaties
Jurisdiction and venue
Law
Museums, exhibitions, cultural centers
Property rights
War crimes, genocide, crimes against humanity
Cultural exchanges and relations
Government liability
International law and treaties
Jurisdiction and venue
Law
Museums, exhibitions, cultural centers
Property rights
War crimes, genocide, crimes against humanity
US Congress State Sources
| Type | Source |
|---|---|
| Summary | http://thomas.loc.gov/cgi-bin/bdquery/z?d112:SN02212:@@@L&summ2=m& |
| Text | http://gpo.gov/fdsys/pkg/BILLS-112s2212is/pdf/BILLS-112s2212is.pdf |
