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HARP's Public Letter to Senator Leahy to Withdraw S.2212/H. R. 4086 (the "Foreign Cultural Exchange Jurisdictional Immunity Clarification Act" from any consideration or vote
April 15, 2012
The Honorable Patrick J.
Leahy
Chairman
Committee on the
Judiciary
United States Senate
224 Dirksen Senate
Office Building
Washington, DC 20510
RE: S. 2212
Dear
Senator Leahy:
I am
currently Goldman Professorial Lecturer in Theology and Fine Arts at Georgetown
University, and former Director and Curator of the B'nai B'rith Klutznick
National Jewish Museum in Washington, DC, where I curated over 80 exhibitions. I
am also the co-founder and Director of the Holocaust Art Restitution Project
(“HARP”), and have spent the past 14 years researching and consulting on the
issue of Nazi-plundered art.
In my
capacity as a HARP Director, I respectfully ask that the Senate withdraw
S.2212/H.R. 4086, the “Foreign Cultural Exchange Jurisdictional Immunity
Clarification Act” from any consideration or vote.
The effect
of passing S. 2212 would be nothing short of disastrous for Holocaust survivors
who may have looted art claims, as well as source countries with claims for the
return of looted antiquities and other artworks.
First, the
language of S. 2212 raises a number of significant issues.
The bill,
which was already passed in the House of Representatives as H.R. 4086, without
consultation or solicitation from all interested parties, only focuses a “Nazi”
exception just on "Nazi", but not on "Axis" related
activities. Because the bill only
covers governments occupied by Nazi Germany or governments that were allies of
Nazi Germany, it eliminates claims involving objects from countries occupied,
annexed or controlled by non-Nazi Axis powers, i.e. Japan and Italy. Therefore, all claims involving objects
from the following countries would be excluded: British
Somaliland, Eritrea, Ethiopia, Libya, Albania, several regions of Greece, Yugoslavia,
Albania, Herzegovina, Montenegro, Croatia-Slovenia, Korea, Formosa (Taiwan), South
Karafuto, Manchuria,
several regions of mainland China,
Portuguese Timor, Hong Kong, French Indochina, Thailand, Burma,
British New Guinea,
the Philippines, Malaya, Andaman and
Nicobar Islands, several regions of Singapore, Sarawak, Brunei, British North
Borneo, Nauru, the Dutch East Indies, Guam,
Imphal, Wake Island, Gilbert and
Ellice Islands, Christmas island, Attu and Kiska. Such an effect cannot be considered
acceptable.
Additionally,
the so-called “Nazi” exception in the bill would exclude all objects obtained
from forced sales or other forms of looting or plunder not executed directly by
Nazi forces, or from forced sales or other transactions apparently legal in
form or purporting to be voluntarily effected, when in fact the intent was to
deprive Holocaust victims of their property, rights and interests in
artworks. Again, such an effect from
this bill cannot be considered acceptable, given that most of the recent looted
art cases involve non-direct acts of looting and dispossession of artworks.
Beyond the
Nazi exception and its exceedingly narrow definition of Nazi-plundered art,
this bill will result in making the coming of all
other kinds of plundered art into the United States immune not just from
seizure, but from being recognized as plundered. In fact, in its most disastrous effect, the bill will allow
every archaeological artifact originally looted, as well as the foreign
government entity attempting to profit from its exhibition in the United States,
to be completely protected from any damage or suit.
Finally,
the narrow focus of the bill to a Nazi-only exception mischaracterizes the
Holocaust: by adopting this bill, Congress will crystallize the Holocaust as an
event specifically Jewish or specifically European, enabling it and the public
to ignore the larger human issue of Holocaust-like events which have taken
place since World War II and the associated large-scale cultural plunder
associated with those events. If
Congress passes S. 2212, it recognizes that the Holocaust is nothing but a
simple historical aberration, enabling all of us no longer to consider the consequences,
costs or risks of persecution and its associated cultural plunder in other
situations. In essence, Congress’ message
in passing S. 2212 is as follows: Nazi looting is not OK, but cultural looting
and plundering in Cambodia, Afghanistan, Iraq, Cyprus, are all OK, protected
and shielded by the will of the U.S. Government.
Therefore,
I urge you and your committee to withdraw S. 2212 from any further
consideration, review, amendments or vote.
On behalf
of HARP, I thank you for your leadership on this important issue and for your
support. If you have any
questions, please do not hesitate to contact me at the address above.
Sincerely
yours,
Ori Soltes
Theology and Fine Arts
Georgetown University
37th and O Streets, N.W.
Washington D.C. 20057
