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22 U.S.C. § 2459 — Immunity from seizure under judicial process of cultural objects imported for temporary exhibition or display
Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements; Presidential determination; publication in Federal Register** 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 or custodian thereof and the United States or one or more cultural, educational, or religious institutions with the capacity to appropriately curate such object within the United States providing for temporary storage, conservation, scientific research, exhibition, or display within the United States at any cultural exhibition, assembly, activity, or festival administered, operated, or sponsored, without profit, by any such cultural, educational, or religious institution with the capacity to appropriately curate such object, 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 temporary storage, conservation, scientific research, exhibition, or display within the United States is in the national interest, and a notice to that effect has been published in the Federal Register.
**(b) Intervention of United States attorney in pending judicial proceedings** 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 with
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Source file: Laws/federal/codes/united-states-code/title-22/section-2459-immunity-from-seizure-under-judicial-process-of-cultural-objects-importe--2d4f9c8d8f.md
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Source location: Title 22, Chapter 33, § 2459; chapter-033-mutual-educational-and-cultural-exchange-program.md
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**(a) Agreements; Presidential determination; publication in Federal Register** 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 or custodian thereof and the United States or one or more cultural, educational, or religious institutions with the capacity to appropriately curate such object within the United States providing for temporary storage, conservation, scientific research, exhibition, or display within the United States at any cultural exhibition, assembly, activity, or festival administered, operated, or sponsored, without profit, by any such cultural, educational, or religious institution with the capacity to appropriately curate such object, 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 temporary storage, conservation, scientific research, exhibition, or display within the United States is in the national interest, and a notice to that effect has been published in the Federal Register.
**(b) Intervention of United States attorney in pending judicial proceedings** 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) Enforcement of agreements and obligations of carriers under transportation contracts** Nothing contained in this section 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.
**(d) Imported and importation defined** For purposes of this section, the terms “imported” and “importation” include a transfer from a mission of a foreign country located within the United States to a cultural, educational, or religious institution located within the United States.
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Federal law — U.S. Code and appendices · legal_authorities
All articles which shall be imported from foreign countries for the sole purpose of exhibition or display at a permanent exhibition or exhibitions and/or at a temporary exhibition or exhibitions of the arts, sciences, and industries, and products of the soil, mine, and sea, to be held at any time and from time to time by Rockefeller Center (Incorporated), a corporation organized under the laws of the State of New York, and/or by its tenants or licensees in a building or buildings to be owned by Rockefeller Center (Incorporated), and to be a part of and to be known as Rockefeller Center and to be located between Fifth and Sixth Avenues and Forty-eighth and Fifty-first Streets, in the Borough of Manhattan, city and State of New York, upon which articles there shall be a tariff or customs duty, shall be admitted free of such tariff, customs duty, fees, or charges under such regulations as the Secretary of the Treasury shall prescribe; but it shall be lawful, at any time during or at the close of any exhibition held pursuant to this section, to sell for delivery at the close thereof any goods or property imported for and actually displayed at such exhibition, subject to such regulations for the security of the revenue and for the collection of import duties as the Secretary of the Treasury shall prescribe: Provided, That all such articles, when sold or withdrawn for consumption or use in the United States, shall be subject to the duty, if any, imposed upon such articles by the revenue laws in force at the date of their withdrawal and to the requirements of the tariff laws in effect at such date: And provided further, That Rockefeller Center (Incorporated) shall be deemed, for customs purposes only, to be the sole consignee of all merchandise imported under the provisions of
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Federal law — U.S. Code and appendices · legal_authorities
Any article imported or brought into the United States—
(1) which is in continuous customs custody, covered by a customs exhibition bond, or in a foreign trade zone, and
(2) on which no duty or internal-revenue tax has been paid,
may, without payment of any duty or internal-revenue tax, be entered under bond under this section for the purpose of exhibition at a fair, or for use in constructing, installing, or maintaining foreign exhibits at a fair.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1752
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) The term “agreement” includes any amendment to, or extension of, any agreement under this chapter that enters into force with respect to the United States.
(2) The term “archaeological or ethnological material of the State Party” means—
(A) any object of archaeological interest;
(B) any object of ethnological interest; or
(C) any fragment or part of any object referred to in subparagraph (A) or (B);
which was first discovered within, and is subject to export control by, the State Party. For purposes of this paragraph—
(i) no object may be considered to be an object of archaeological interest unless such object—
(I) is of cultural significance;
(II) is at least two hundred and fifty years old; and
(III) was normally discovered as a result of scientific excavation, clandestine or accidental digging, or exploration on land or under water; and
(ii) no object may be considered to be an object of ethnological interest unless such object is—
(I) the product of a tribal or nonindustrial society, and
(II) important to the cultural heritage of a people because of its distinctive characteristics, comparative rarity, or its contribution to the knowledge of the origins, development, or history of that people.
(3) The term “Committee” means the Cultural Property Advisory Committee established under [section 2605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2605&num=0&edition=prelim).
(4) The term “consignee” means a consignee as defined in section 1483 11 See References in Text note below. of this title.
(5) The term “Convention” means the Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural p
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Federal law — U.S. Code and appendices · legal_authorities
The provisions of this chapter shall not apply to—
(1) any archaeological or ethnological material or any article of cultural property which is imported into the United States for temporary exhibition or display if such material or article is immune from seizure under judicial process pursuant to [section 2459 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2459&num=0&edition=prelim); or
(2) any designated archaeological or ethnological material or any article of cultural property imported into the United States if such material or article—
(A) has been held in the United States for a period of not less than three consecutive years by a recognized museum or religious or secular monument or similar institution, and was purchased by that institution for value, in good faith, and without notice that such material or article was imported in violation of this chapter, but only if—
(i) the acquisition of such material or article has been reported in a publication of such institution, any regularly published newspaper or periodical with a circulation of at least fifty thousand, or a periodical or exhibition catalog which is concerned with the type of article or materials sought to be exempted from this chapter,
(ii) such material or article has been exhibited to the public for a period or periods aggregating at least one year during such three-year period, or
(iii) such article or material has been cataloged and the catalog material made available upon request to the public for at least two years during such three-year period;
(B) if subparagraph (A) does not apply, has been within the United States for a period of not less than ten consecutive years and has been exhibited for not less than five years during such
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case—
(1) in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of the waiver which the foreign state may purport to effect except in accordance with the terms of the waiver;
(2) in which the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States;
(3) in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States;
(4) in which rights in property in the United States acquired by succession or gift or rights in immovable property situated in the United States are in issue;
(5) not otherwise encompassed in paragraph (2) above, in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the sc
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Federal law — U.S. Code and appendices · legal_authorities
All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof.
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Federal law — U.S. Code and appendices · legal_authorities
Page 977
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2459
§ 2459. Immunity from seizure under judicial
process of cultural objects imported for tem-
porary exhibition or display
(a) Agreements; Presidential determination; pub-
lication in Federal Register
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 or custodian thereof and the United
States or one or more cultural, educational, or
religious institutions with the capacity to ap-
propriately curate such object within the United
States providing for temporary storage, con-
servation, scientific research, exhibition, or dis-
play within the United States at any cultural
exhibition, assembly, activity, or festival ad-
ministered, operated, or sponsored, without
profit, by any such cultural, educational, or reli-
gious institution with the capacity to appro-
priately curate such object, no court of the
United States, any State, the District of Colum-
bia, 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 trans-
porting such work or object within the United
States, of custody or control of such object if be-
fore the importation of such object the Presi-
dent or his designee has determined that such
object is of cultural significance and that tem-
porary
storage,
conservation,
scientific
re-
search, exhibition, or display within the United
States is in the national interest, and a notice
to that effect has been published in the Federal
Register.
(b) Intervention of United States
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2459
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