To clarify the Holocaust Expropriated Art Recovery Act of 2016, to appropriately limit the application of defenses based on the passage of time and other non-merits defenses to claims under that Act.
This bill permanently extends and expands judicial authority under the Holocaust Expropriated Art Recovery Act of 2016. The law allows and establishes procedures for civil claims and causes of action to recover artwork and other property lost between 1933 and 1945 because of Nazi persecution.
Among the changes, the bill removes the deadline for filing civil claims or causes of action. Currently, the filing deadline is December 31, 2026. (Claims must still be filed within six years of the claimant's discovery of the property in question.)
The bill permits courts to exercise jurisdiction over civil claims or causes of action against a foreign state without regard to the nationality or citizenship of the alleged victim. The art or property at issue must still have a connection to the foreign state's commercial activities in the United States.
Additionally, the bill authorizes nationwide service of process, which allows courts to exercise personal jurisdiction over defendants in any judicial district where they may be found, reside, have an agent, or transact business.
Finally, the bill limits the defenses that may be asserted against civil claims or causes of action, including by prohibiting
defenses based on the passage of time, including equitable defenses such as laches (i.e., unreasonable delays); anddiscretionary bases for dismissal that are unrelated to the merits of the claim, including international comity (i.e., deference to the laws of other countries).These changes apply to pending and future civil claims or causes of action.
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