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Established Policies
Museum and Governmental Guidelines and Policies, Court Decisions,
Tax Information and Restitution Laws:
Established Policies
Austria
Case No. CV 00-8913 FMC (AIJx):
Order Denying Defendants' Motion to Dismiss Order Granting Leave to
Amend Complaint, May 7, 2001
Case No. CV 00-8913 FMC:
Appeal from the United States District Court for the Central District
of California, December 12, 2002
Established Policies
Federal Republic of Germany
Federal Republic of Germany: Statement by the Federal Government,
the Federal States and National Associations of Local Authorities in
Germany on Tracing and Return of Nazi-Confiscated Art, Especially from
Jewish Property, December 1999
Letter from Ministry of Culture and Media Regarding Repayment
of Prior Restitution Payments
New German Civil Code: Provisions Regarding Statute of Limitations
Letter from Ambassador Lauder Regarding New Civil Code Provisions
Regarding Statute of Limitations
Press Release and Resolution of Bundesrat Regarding New Civil
Code Provisions Regarding Statute of Limitations
Established Policies
Hungary
Decision of Budapest Metropolitan Court in the case of Martha
Nierenberg v. Museum of Fine Arts, National Gallery of Hungary and the
State of Hungary (October 20, 2000)
Decision of Supreme Court Hungary in the case of Martha Nierenberg
v. Museum of Fine Arts, National Gallery of Hungary and the State of
Hungary (November 29, 2002)
Opinion of Dr. Tamás Kende, Professor of
International Law, Eötvös Loránd University, Budapest (November 11,
2002)
Law LXIV of 2001 On the Protection of Cultural
Heritage
Established Policies
Poland
ORDER No. 22 Of The President Of The Counsel
Of Ministers (April 3. 2001)
Established Policies
Spain
White
Paper on the Madrid Thyssen Museum’s Nazi-Looted Pissarro (September
2002)
Established Policies
Russia
Russian Federation Law on Cultural Valuables Displaced to the
U.S.S.R. as a Result of World War II and Located on the Territory of
the Russian Federation (Federal Law N64-FZ of April 15, 1998)
Amendments to Russian Federation Law (adopted April 26, 2000)
Decision of the Constitutional Court of the Russian Federation
No. 12-P of July 20, 1999 on the Verification of the Constitutionality
of Provisions of the Federal Law on Cultural Values Displaced to the
USSR as a Result of World War II and Situated on the Territory of the
Russian Federation
Resolution of the Russian Federation Government of March 11, 2001,
No. 174: "On Measures for the Realization of the Federal Law 'On Cultural
Treasures Relocated into the Union of Soviet Socialist Republics as
a Result of World War Two and Retained on the Territory of the Russian
Federation'" and Regulations related thereto.
Order No. 305 of the Russian Federation Ministry of Culture of
March 30, 2001: "On Inventory of Relocated Cultural Treasures"
Art Looted in Russia — Proposals for a new look at each side's
interests. (December 4, 2001)
By Dr. Michael H. Carl
Cooperation Agreement between the Ministry of Culture of the Russian
Federation and the Research Project on Art & Archives, Inc.
Established Policies
Switzerland
Under Construction
Established Policies
Czech Republic
Czech Republic Act of Mitigation of Certain Property Wrongs Caused
by the Holocaust (adopted July 21, 2000). This Act provides for the
right to request the transfer of ownership title from the State to individuals,
without charges, of pieces of art that (i) were confiscated from individuals
during the time period beginning 29 September 1938 and ending 4 May
1945 if such confiscations were declared invalid by the Decree of the
President No. 5/1945 Coll. or Act No. 128/1946 Col., and (ii) were in
the ownership of the Czech Republic as of 1 September 2000.
The December 31, 2002 deadline set forth in the July 21, 2000
Act for filing a request for the transfer of ownership title from the
State to individuals of art that was expropriated during the Holocaust
was extended to December 31, 2006 by Act No. 227/2002 that became effective
on June 4, 2002.
Established Policies
United States
American Association of Museums (AAM) Guidelines Concerning the
Unlawful Appropriation of Objects During the Nazi Era, June 1998
Report
of the Association of Art Museum Directors (AAMD) Task Force on the
Spoliation of Art During the Nazi/World War II Era (1933-1945), June
1998
New agreement reached between the American Association of Museums
(AAM) and the American Association of Museum Directors (AAMD) and the
Presidential Advisory Commission on Holocaust-Era Assets in the U.S.,
December 2000
Holocaust-era Provenance Internet
Portal: A Search Tool for Objects Unlawfully Appropriated During the
Nazi-era
Holocaust-era Looted Art:
Legal and Ethical Issues and Possible Solutions - ABA Section of International
Law and Practice, May 10, 2002. Presented by Monica Dugot, Deputy Director,
Holocaust Claims Processing Office.
Amendment to Statute of Limitations
of the State of California (Assembly Bill 1758) (August 31, 2002)
Proposed Amendment to Statute of Limitations
of the State of New York (Assembly Bill A04793) (February 19, 2003)
Memorandum of Squire, Sanders & Dempsey L.L.P. regarding U.S.
Federal Income Taxation of Recovery of Artwork Stolen by Reason of the
Holocaust
Established Policies
International
Washington Conference Principles on Nazi-Confiscated Art, December
1998
International Council of Museums (ICOM) Recommendations Concerning
the Return of Works Belonging to Jewish Owners, January 1999
Vilnius Declaration, October 2000
Established Policies
Europe
Resolution 1205: Looted Jewish Cultural Property, Council of Europe,
Parliamentary Assembly, November 1999
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