Will a New Law Facilitate Loans From Foreign States to U.S. Museums?

  • Malevich, Portrait of Mikhail Matjuschin, 1913.  Tretyakov Gallery, Moscow.

    Malevich, Portrait of Mikhail Matjuschin, 1913. Tretyakov Gallery, Moscow.

    Wikipedia

Foreign states have been wary of loaning artworks to U.S. museums for exhibitions ever since the 2007 Malevich case.

Heirs of artist Kazimir Malevich had sued the City of Amsterdam over the loan of his artwork to U.S. museums. The heirs contended the artwork was illegally acquired post-WWII and Amsterdam was benefitting from the loan. A federal court in DC allowed that the City of Amsterdam conducted 'commercial activity' with the loan. Entanglements ensued that stymied some loans from other countries to American museums. 

A new law passed last month comes with the intention of easing international loans to U.S. museums. The so-called Art Museum Amendment includes two exceptions; one allows 'Nazi-Era Claims' and the other is more broad, if not unclear.

Ingrid Wuerth writes in Lawfare Blog:

A little-noticed bill to amend the Foreign Sovereign Immunities Act (“FSIA”) passed both houses of Congress in December and was signed into law by President Obama on Dec. 16, 2016.   The bill (“ The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJCA)” or “Art Museum Amendment”) narrows the expropriation exception in the FSIA to provide greater immunity for foreign states which send works of art to the United States for temporary exhibit.  Unfortunately, the FCEJA may ultimately be more harmful than helpful to foreign states.

More News Feed Headlines

N.C.  Wyeth's Island Funeral

3 Museums Receive Gifts of Artwork from DuPont Collection

  • March 23, 2017 12:16

Prior to its merger with Dow Chemical, DuPont Co. is gifting nearly two dozen works by N.C., ...

Read More

Clare McAndrew

Art Basel's 2017 Global Art Market Report Released

  • March 22, 2017 14:09

In Hong Kong, Art Basel and UBS released The Art Market, a new annual global art market analysis ...

Read More

U.S.  Immigration and Customs Enforcement (ICE) repatriated five illegally smuggled ancient artifacts to the government of Egypt, including a mummy hand from the 8th century BCE, in Dec.  2016.

U.S. Received Influx of $100 Million in Artifacts from Egypt and Turkey in 2016

  • March 22, 2017 13:50

Live Science reports that about $50 million in artifacts were shipped from each Egypt and Turkey ...

Read More

Interior of 3 East 89th Street

National Academy Museum Buildings Return to Market in 3 Listings

  • March 22, 2017 11:52

Financial needs placed the palatial Upper East Side mansions occupied by the National Academy ...

Read More

Related Press Releases

Related Events from ArtfixDaily Calendar

 

ArtfixDaily Artwire