To amend chapter 97 of title 28, United States Code, to clarify the exception to foreign sovereign immunity set forth in section 1605(a)(3) of such title.
(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)
Foreign Cultural Exchange Jurisdictional Immunity Clarification Act
(Sec. 2) Amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity 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 from being excluded from jurisdictional immunity as a commercial activity (and thereby provides immunity for) 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 U.S. cultural or educational institutions, and (2) the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest.
Denies immunity in 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.
Read twice and referred to the Committee on Finance.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 632.
Became Public Law No: 114-319.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
Subcommittee on the Constitution and Civil Justice Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Judiciary. H. Rept. 114-141.
Reported by the Committee on Judiciary. H. Rept. 114-141.
Placed on the Union Calendar, Calendar No. 101.
Mr. Goodlatte moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H3956-3959)
DEBATE - The House proceeded with forty minutes of debate on H.R. 889.
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Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H3956-3957)
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H3956-3957)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.