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Arts and Artifacts Indemnity Program:
Domestic Indemnity
CFDA Number: 45.201
Funding Opportunity Number: 2009FCAHDOM1
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 (FCAH). The Indemnity Program was created by Congress in 1975 for the purpose of minimizing the costs of insuring international exhibitions. In December 2007, Congress expanded eligibility under the Program to include coverage of works of art owned by U.S. entities while on exhibition in the United States.
Museums and other non-profit organizations planning temporary exhibitions may be eligible for 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. 94-158) as amended (P.L. 110-161, Sec. 426) authorizes the Federal Council on the Arts and the Humanities to make indemnity agreements with non-profit, tax-exempt organizations and governmental units for coverage of eligible items owned by public and private collections in the United States, while on exhibition in the United States.
If an exhibition is being shown at several institutions, one institution should apply on behalf of all participants. The Federal Council requires that the applicant have previously organized at least one exhibition containing loans borrowed from one or more public or private collections.
Applicants requesting coverage for international exhibitions should refer to the guidelines and application under International Indemnity.
Applicants may submit only one application, either under the domestic or the international program, for the same exhibition.
Object Eligibility
Eligible objects include art works, other artifacts or objects, rare documents, books and other printed materials, photographs, films, and videotapes. Such objects must have educational, cultural, historical, or scientific value.
Note: For reasons of risk, the Federal Council is generally opposed to indemnifying oil on copper paintings, pastels, lacquer objects, certain types of glass (including enamels), works on parchment or vellum, marquetry, frescoes, and other fragile objects. Oversized works 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 will not be indemnified. Please see Question 11(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 $750,000,000. The total dollar value of the U.S. loans in the exhibition must exceed $75,000,000 for eligibility. The total dollar amount of indemnity agreements which can be in effect at any one time is $5,000,000,000. The deductible amounts follow.
If the value of items covered by an indemnity agreement for a single exhibition is:
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$75,000,000 or more, but less than $125,000,000, coverage under the Indemnity Act extends only to loss or damage in excess of the first $50,000 of loss or damage to items covered.
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More than $125,000,000, but less than $200,000,000, the first $100,000.
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Not less than $200,000,000, but less than $300,000,000, the first $200,000.
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Not less than $300,000,000, but less than $400,000,000, the first $300,000.
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Not less than $400,000,000, but less than $500,000,000, the first $400,000.
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$500,000,000 or more, the first $500,000.
Application Process
Organizations interested in seeking indemnity must submit an application for review by the Indemnity Advisory Panel and the Federal Council on the Arts and the Humanities. Announcements of Certificates of Indemnity will be made after the Federal Council has met. If an application or object has been rejected, the applicant may submit a request to the Indemnity Administrator to provide a written response stating the reasons for rejection (please see Contact below).
Please see the full application instructions >> [PDF].
Deadline Dates
The application deadlines are January 6, 2009, for Certificates of Indemnity that may be issued as early as April 1, 2009, and July 1, 2009, for Certificates that may be issued as early as October 1, 2009. (The Panel and Council meetings occur approximately one month and two months, respectively, following those deadline dates.) An application should not be submitted more than one year and three months in advance of the indemnity period.
To assist the Panel and Council with long range planning of indemnity allocations, future applicants are encouraged, but not required, to submit preliminary statements about future exhibitions as much as four years in advance of the indemnity period. Updated material may be submitted every six months, as appropriate. Please send all material directly to the Indemnity Administrator (see Contact below).
Credit Requirement
In all published material and announcements concerning this exhibition, the following acknowledgement must appear: “This exhibition is supported by an indemnity from the Federal Council on the Arts and the Humanities.”
Arts and Artifacts Indemnity Act, Federal Rules and Regulations, and Certificate of Indemnity
Arts and Artifacts Indemnity Act >>
Rules and Regulations, October 1991 >>
Technical Amendments for Domestic Indemnity, April 2008 >>
Certificate of Indemnity >>
Contact
If you have questions about the Indemnity Program, please contact:
Alice M. Whelihan
Indemnity Administrator
National Endowment for the Arts
1100 Pennsylvania Avenue, N.W.
Washington, D.C. 20506
telephone: 202-682-5574
fax: 202-682-5603
e-mail: whelihaa@arts.gov
September 2008
National Endowment for the Arts · an independent federal
agency
1100 Pennsylvania Avenue NW
Washington, DC 20506 |
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