IMMUNITY FROM SEIZURE GUIDELINES
The Immunity from Judicial Seizure statute protects from judicial process:
Until fall of 1999, the Immunity from Seizure process fell under the jurisdiction of the General Counsel for the United States Information Agency. At that time, the department was closed and absorbed into the Department of State.
Contact person at the Department of State:
Lorie Nierenberg
Assistant Legal Advisor for Public Diplomacy
301 4th Street SW (SA-44)
Washington, DC 20547
(202) 619-6084
Contact to check on status of application:
Iris Hoard
(202) 619-5078
Processing
Jacqueline Caldwell
(202) 619-6982
Law
Public Law 89-259
Exemption from Judicial Seizure of Cultural Objects Imported for Temporary Exhibition
Public Law 89-259 (S.2273), 79 Stat. 985, approved 10/19/65 & #185;
AN ACT to render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) whenever any work of art or other object of cultural significance is imported into the United States from any foreign country, pursuant to an agreement entered into between the foreign owner of custodian thereof and the United States or one or more cultural or educational institutions within the United States providing for the temporary exhibition or display thereof within the United States at any cultural exhibition, assembly, activity, or festival administered, operated, or sponsored, without profit, by any such cultural or educational institution, no court of the United States, any State, the District of Columbia, or any territory or possession of the United States may issue or enforce any judicial process, or enter any judgment, decree, or order, for the purpose or having the effect of depriving such institution, or any carrier engaged in transporting such work or object within the United States of custody or control of such object if before the importation of such object the President or his designee has determined that such object is of cultural significance and that the temporary exhibition or display thereof within the United States is in the national interest, and a notice to that effect has been published in the Federal Register.
(b) If in any judicial proceeding in any such court any such process, judgment, decree, or order is sought, issued or entered, the United States attorney for the judicial district within which such proceeding is pending shall be entitled as of right to intervene as a party to that proceeding, and upon request made by either the institution adversely affected, or upon direction by the Attorney General if the United States is adversely affected, shall apply to such court for the denial, quashing, or vacating thereof.
(c) Nothing contained in this Act shall preclude (1) any judicial action for or in aid of the enforcement of the terms of any such agreement or the enforcement of the obligation of any carrier under any contract for the transportation of any such object of cultural significance; or (2) the institution or prosecution by or on behalf of any such institution or the United States of any action for or in aid of the fulfillment of any obligation assumed by such institution or the United States pursuant to any such agreement.
Check List for Applicants
In support of your application, submit the following to Lorie Nierenberg
Assistant Legal Advisor for Public Diplomacy, The U.S. Department of State, 301 4th Street SW (SA-44), Washington, DC 20547:
1. A schedule of all the imported items to be covered (including description and value);
2. A copy of the "agreement entered into between the foreign owner or custodian thereof and the United States or one or more cultural or educational institutions within the United States providing for the temporary exhibition," a copy of the agreements with participating museums or other U.S. cultural or educational institutions, and a copy of the agreements between the foreign owner and the foreign custodian;
3. Copies of all related commercial agreements between any or all of the U.S.institutions and the lender or other parties;
4. A list of places and dates of exhibition, especially the date the objects are expected to arrive in the United States(be certain to notify USIA of any changes in importation date);
5. A statement whether or not the exhibitions are to be administered, operated or sponsored without profit to the borrowing and lending institutions (even though admission and similar fees which merely cover costs are permissible, a description of all charges or preferences in admission should be provided);
6. An appraisal of the national interest issue, information why anyone might want to attach the property in the United States, and an evaluation of any such threat;
7. A scholarly statement establishing the cultural significance of the objects, and
8. Facts supporting a claim that U.S. participants are cultural or educational institutions, especially a citation to the organization's current IRC 501(c)(3) determination letter.
Other materials include CV for the curator and a full provenance of the object(s) from the lender.
INSURANCE CONCERNS RELATING TO IMMUNITY FROM SEIZURE
An object that has been granted immunity from seizure is more difficult to insure than other objects. Governmental seizure is not included in most insurance policies, therefore an individual policy for that object or objects must be bought. This policy will cover not only the cost of the object (should it need to be replaced) but also an amount for the possible related litigation if a claim were made. Because of the special circumstances that need to be covered in such a situation, quotes for this kind of coverage take about 4-6 weeks to get, as the companies approached will want to conduct their own independent provenance research on the object(s).
Information gathered from the following sources:
http://dosfan.lib.uic.edu/usia/GC/home.html
This web site is an archive of the former USIA General Counsel site as it stood in September 1999, and is now maintained as part of the Electronic Research Collection of historic State Department materials by the federal depository library at the University of Illinois at Chicago.
Ellen Hoener Ross, Acordia Northeast, (212) 682-7500
Andrew Wallace (RC-AAM), Registrar, The Norman Rockwell Museum
9 Glendale Road
Stockbridge, MA 01262
413.298.4100 x207
fax 413.298.4145
email awallace@nrm.org