OUTLINE OF CONTENTS I. Immunity from Judicial Seizure Law II. Checklist and Sample A. Check List for Applicants B. Sample Introductory Paragraphs I. 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. ____________________ II. Check List and Sample A. Check List for Applicants In support of your application, submit the following to the General Counsel, United States Information Agency, 301-4th Street, S.W., Room 700, Washington, D.C. 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. Attached for your convenience are a few sample introductory paragraphs you may wish to use in your submission letter to the General Counsel. B. Sample Introductory Paragraphs This letter is in regard to the immunity from judicial seizure granted by United States courts pursuant to 22 U.S.C. 2459. I write in connection with works of art coming to the United States from abroad, for the exhibition entitled________________________________________________ I hereby request that USIA make the determinations that the works of art are of cultural significance and that their temporary exhibition in the United States is in the national interest and request, further, that there be publication to that effect in the Federal Register prior to importation, which is expected to take place on or about_________________________ I understand that in any judicial proceedings involving these works of art, if the United States court finds that the above determinations have been made, timely publication has occurred, and that the other provisions of 22 U.S.C. 2459 have been met, the court will grant immunity from judicial seizure to the works of art.