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The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Tag Archives: 22 U.S.C. § 2459

Russia Threatens Lawsuit Against U.S. Library of Congress in Further Retaliation for Chabad Sanctions Order

By Nicholas O'Donnell on Posted in Foreign Sovereign Immunities, Litigation

In a story that gets more unusual with every new development, the Russian Foreign Ministry has reportedly recommended filing a lawsuit, in Russia, against the United States Library of Congress in response to last month’s contempt sanctions order by the U.S. District Court of the District of Columbia arising out of Russia’s refusal to obey… Continue Reading

Combining the Nazi Theft Exception in Senate Bill 2212 with Immunity from Seizure: Good Policy or Inconsistent Law?

By Nicholas O'Donnell on Posted in Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Immunity from Seizure Act, Restitution, Senate Bill 2212, World War II

Opposition to Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (a bill the Art Law Report favors in its frequent commentaries) has been renewed recently.  Senate Bill 2212 (already passed by the House of Representatives) would remove the mere display of a work of art in the United States as a satisfactory… Continue Reading

Despite Criticism of S.B. 2212’s Proposed Amendment to the FSIA, New Law Would Not Enable Stolen Art

By Nicholas O'Donnell on Posted in Collections, Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Immunity from Seizure Act, Legislation, Restitution, World War II

Doreen Carvajal of the New York Times this week addressed Senate Bill 2212, (the “Foreign Cultural Exchange Jurisdictional Immunity Clarification Act”) this week, a bill approved in March by the House of Representatives. The article gives those most critical of the bill a chance to make their case.  While well-intentioned, that criticism continues to miss… Continue Reading

Portrait of Wally in Hindsight: What did it Really Change?

By Nicholas O'Donnell on Posted in Customs, Foreign Sovereign Immunities, Immunity from Seizure Act

A new piece at the Art Newspaper reflects on the importance of the Portrait of Wally case. Wally was seized in 1998 by customs officials on the theory that it was stolen property when imported into the U.S.  The painting sat in a warehouse for 12 years, until a settlement returned the painting to Vienna in… Continue Reading

Commentary Takes Shape on S.B. 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

By Nicholas O'Donnell on Posted in Collections, Customs, Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Restitution, Senate Bill 2212, Uncategorized, World War II

It’s been a few weeks since the House passed the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 4086) and sent it on to the Senate for consideration as S.B. 2212.  It has bipartisan sponsorship there (Dianne Feinstein and Orrin Hatch), but no word yet on when it will be put to a vote. As… Continue Reading