Arts and Artifacts Indemnity Program: International Indemnity

CFDA Number: 45-201
Funding Opportunity Number: 2016FCAH01 (September 2015 Deadline) and 2016CAH02 (March 2016 Deadline)

Note: Application instructions for the next two deadlines are now located within these guidelines.

Introduction

The National Endowment for the Arts administers the U.S. Government's Arts and Artifacts Indemnity Program on behalf of the Federal Council on the Arts and the Humanities (Federal Council). The Indemnity Program was created by Congress in 1975 for the purpose of minimizing the costs of insuring international exhibitions. In 2007 Congress expanded eligibility under the Program to include coverage for works of art owned by U.S. entities while on exhibition in the United States. Please view the list of recently indemnified exhibitions.

These guidelines are for International Indemnity. Organizations interested in coverage for domestic exhibitions should refer to the separate guidelines for Domestic Indemnity.

Nonprofit museums and organizations planning temporary exhibitions that involve bringing works of art and/or artifacts from abroad to the United States or sending works of art and/or artifacts from the United States abroad may be eligible for International Indemnity coverage. Details appear below.

The indemnity agreement is backed by the full faith and credit of the United States. In the event of loss or damage to an indemnified object, the Federal Council must certify the validity of the claim and request Congress to authorize payment.

Applicant Eligibility

The Arts and Artifacts Indemnity Act (P.L. 94-l58) authorizes the Federal Council to make indemnity agreements with nonprofit tax-exempt organizations and governmental units for:

  1. Eligible objects from outside the United States while on exhibition in the United States.
  2. Eligible objects from the United States while on exhibition outside the United States, preferably when part of an exchange of exhibitions.
  3. Eligible objects from the United States while on exhibition in the United States if the exhibition includes other eligible items from outside the United States which are integral to the exhibition as a whole.

If an exhibition will be shown at two or more institutions, one institution should apply on behalf of all participants. The Federal Council requires that the applicant have previously organized at least one exhibition with objects borrowed from one or more international public and/or private collections.

Applicants may submit only one application, under either the international or the domestic program, for the same exhibition.

Object Eligibility

Eligible objects include works of art, artifacts or objects, rare documents, books and other printed materials, photographs, films, and electronic materials. Such objects must have educational, cultural, historical, or scientific value, and the exhibition must be certified by the Secretary of State's designee as being in the national interest.

Note: For concerns of risk, the Federal Council is generally opposed to indemnifying oil on copper paintings, objects containing pastel, chalk, charcoal, lacquer, certain types of glass (including enamels), works on parchment or vellum, marquetry, frescoes, and other fragile objects. Oversized objects (exceeding ten feet in any direction), and oil on wood panel paintings will be reviewed on a case by case basis. Oil on single wood panels larger than two feet by three feet (with one dimension no greater than 24 inches) will not be indemnified. Please see Question 12(c) in the Indemnity Narrative instructions for more information.

Indemnity Limits

The Arts and Artifacts Indemnity Act allows coverage for a single exhibition up to $1,800,000,000. The total dollar amount of indemnity agreements which can be in effect at any one time is $15 billion. This limit includes all current agreements as well as new certificates awarded through these guidelines.

Coverage under the Indemnity Act extends only to loss or damage in excess of the deductible amounts that follow:

  1. $15,000 deductible for exhibitions up to $2 million in indemnified value;
  2. $25,000 deductible for exhibitions over $2 million up to $10 million in indemnified value;
  3. $50,000 deductible for exhibitions over $10 million up to $125 million in indemnified value;
  4. $100,000 deductible for exhibitions over $125 million up to $200 million in indemnified value;
  5. $200,000 deductible for exhibitions over $200 million up to $300 million in indemnified value;
  6. $300,000 deductible for exhibitions over $300 million up to $400 million in indemnified value;
  7. $400,000 deductible for exhibitions over $400 million up to $500 million in indemnified value;
  8. $500,000 deductible for exhibitions over $500 million in indemnified value.

Application Submission Deadline Dates

There are two application deadlines per year:

September 15, 2015 for Certificates of Indemnity that will be issued as early as January 1, 2016, and
March 15, 2016 for Certificates of Indemnity that will be issued as early as July 1, 2016.

The Indemnity Advisory Panel and Federal Council meetings occur approximately eight weeks and twelve weeks, respectively, following each deadline date. An application should not be submitted more than one year and three months in advance of the indemnity period. Contact the Indemnity Administrator (see Contact below) to discuss which deadline may be most appropriate to your program.

To assist the Advisory Panel and the Federal Council with long range planning of indemnity allocations, future applicants are encouraged, but not required, to submit preliminary statements about exhibitions as much as four years in advance of the indemnity period. Updated material may be submitted subsequently, as applicable. Send all material directly to the Indemnity Administrator (see Contact below).

Application Process

Applicants must submit an application for review by the Indemnity Advisory Panel and the Federal Council. Announcements of Certificates of Indemnity will be made after the Federal Council has met.

Please see the full application instructions to apply:

If an application or object has been denied, the applicant may submit a request to the Indemnity Administrator to provide a written response stating the reasons for denial (see Contact below).

Credit Requirement

In all published material and announcements concerning an indemnified exhibition, the following acknowledgment must appear: "This exhibition is supported by an indemnity from the Federal Council on the Arts and the Humanities." (Do not use any logo.)

Arts and Artifacts Indemnity Act and Federal Rules and Regulations, and Certificate of Indemnity

Arts and Artifacts Indemnity Act
Rules and Regulations, October 1991
House Rule to amend indemnity limits, December 2014
Certificate of Indemnity Sample

Contact

For questions about the Indemnity Program, please contact:

Patricia Loiko
Indemnity Administrator
National Endowment for the Arts
Washington, D.C. 20506
telephone: 202-682-5541
fax: 202-682-5721
e-mail: loikop@arts.gov

or

Laura Bramble
Assistant Indemnity Administrator
National Endowment for the Arts
Washington, D.C. 20506
Telephone: 202-682-5035
Fax: 202-682-5721
E-mail: bramblel@arts.gov

August 2015