I would like to thank Chairman Goodlatte, Ranking Member Conyers, and my friend from Tennessee (Mr. Cohen) for cosponsoring this legislation. This is simple, straightforward legislation. It clarifies the relationship between the Immunity from Seizure Act and the Foreign Sovereign Immunities Act to encourage the foreign lending of art to the United States. Currently, artwork loaned by foreign governments is commonly immune to Federal court decisions and cannot be confiscated if the President finds that their display is in the national interest. However, foreign governments do not have immunity when commercial activity is involved. This bill seeks to clarify that artwork imported into the U.S. for temporary display is not commercial activity and should thus be immune from seizure. Specifically, my legislation would revise the United States Code and make clear that the import of artwork is not legally considered commercial activity if three elements are met: First, the United States, or an educational institute therein, and a foreign government must agree to the exchange of artwork; Second, the President must determine that such work is of cultural significance and the temporary exhibition of such work is in the national interest; And third, the President's determination must be published in the Federal Register.…
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