[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2212 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2212

  To clarify the exception to foreign sovereign immunity set forth in 
            section 1605(a)(3) title 28, United States Code.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2012

  Mrs. Feinstein (for herself and Mr. Hatch) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
  To clarify the exception to foreign sovereign immunity set forth in 
            section 1605(a)(3) title 28, United States Code.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Cultural Exchange 
Jurisdictional Immunity Clarification Act''.

SEC. 2. CLARIFICATION OF JURISDICTIONAL IMMUNITY OF FOREIGN STATES.

    (a) In General.--Section 1605 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(h) Jurisdictional Immunity for Certain Art Exhibition 
Activities.--
            ``(1) In general.--If--
                    ``(A) a work is imported into the United States 
                from any foreign country pursuant to an agreement 
                providing for the temporary exhibition or display of 
                such work entered into between a foreign state that is 
                the owner or custodian of such work and the United 
                States or 1 or more cultural or educational 
                institutions within the United States;
                    ``(B) the President, or the President's designee, 
                has determined, in accordance with Public Law 89-259 
                (79 Stat. 985; 22 U.S.C. 2459), that such work is of 
                cultural significance and the temporary exhibition or 
                display of such work is in the national interest; and
                    ``(C) notice has been published in the Federal 
                Register in accordance with Public Law 89-259,
        any activity in the United States of such foreign state or any 
        carrier associated with the temporary exhibit or display of 
        such work shall not be considered to be commercial activity for 
        purposes of subsection (a)(3).
            ``(2) Nazi-era claims.--Paragraph (1) shall not apply in 
        any case in which--
                    ``(A) the action is based upon a claim that the 
                work was taken in Europe in violation of international 
                law by a covered government during the covered period;
                    ``(B) the court determines that the activity 
                associated with the exhibition or display is commercial 
                activity; and
                    ``(C) a determination under subparagraph (B) is 
                necessary for the court to exercise jurisdiction over 
                the foreign state under subsection (a)(3).
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `work' means a work of art or other 
                object of cultural significance; and
                    ``(B) the term `covered government' means--
                            ``(i) the Nazi government of Germany;
                            ``(ii) any government in any area occupied 
                        by the military forces of the Nazi government 
                        of Germany;
                            ``(iii) any government established with the 
                        assistance or cooperation of the Nazi 
                        government; and
                            ``(iv) any government that was an ally of 
                        the Nazi government of Germany; and
                    ``(C) the term `covered period' means the period 
                beginning on January 30, 1933, and ending on May 8, 
                1945.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to cases commenced after the date of the enactment of this Act.
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