Statute Providing for Immunity from Judicial Seizure of Certain Cultural Objects (22 U.S.C. 2459)
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.
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