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ARTICLE · 24 APRIL 2013

Museum Loans - Part Two

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A discussion of museum loans with a look at loans coming into the U.S. from abroad.

United StatesMedia, Telecoms, IT, Entertainment
Sheppard
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Last post discussed the legal issues surrounding museum loan agreements. This post continues the discussion of museum loans with a look at loans coming into the U.S. from abroad. When exhibition descriptions use the phrase “supported by an indemnity from the Federal Council on the Arts and the Humanities,” or similar language, the organizers have taken advantage of the laws that provide immunity from seizure and indemnification in the context of international loans.

The United States has a strong national interest in facilitating international cultural exchanges of artwork, so immunizing foreign art loans from seizure in the U.S. contributes to the expansion of our nation’s education and cultural awareness. Cultural exchange would be hampered absent the protections provided by the Immunity from Seizure Act (“IFSA”) and the Foreign Sovereign Immunities Act (“FSIA”). These laws, although often confused for one another, bolster loans from foreign lenders. Many

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