H.R.4292 - Foreign Cultural Exchange Jurisdictional Immunity Clarification Act113th Congress (2013-2014)
|Sponsor:||Rep. Chabot, Steve [R-OH-1] (Introduced 03/25/2014)|
|Committees:||House - Judiciary | Senate - Judiciary|
|Committee Reports:||H. Rept. 113-435|
|Latest Action:||Senate - 05/07/2014 Received in the Senate and Read twice and referred to the Committee on the Judiciary. (All Actions)|
|Roll Call Votes:||There has been 1 roll call vote|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Summary: H.R.4292 — 113th Congress (2013-2014)All Information (Except Text)
Passed House without amendment (05/06/2014)
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
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) is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition 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 concerning rights in property taken in violation of international law in which: (1) the action is based upon a claim that the work was taken between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; (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.