CFDA Number: 45.201

Funding Opportunity Number: 2023FCAHDOM01 (December 2022 Deadline) and 2023FCAHDOM02 (June 2023 Deadline)

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 of 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 Domestic Indemnity (U.S. exhibitions may contain non-U.S. owned loans; however, only U.S.-owned loans and locations are eligible for coverage under the Domestic Indemnity Program). Organizations interested in coverage for international exhibitions should refer to the separate guidelines for International Indemnity.

U.S. nonprofit museums and organizations planning temporary exhibitions in the United States may be eligible for Domestic 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. 94-158) as amended (P.L. 110-161, Sec. 426) authorizes the Federal Council to make indemnity agreements with U.S. nonprofit, tax-exempt organizations and governmental units for coverage of eligible objects owned by public and private collections in the United States, while on exhibition in the United States. For an exhibition to be eligible, the total dollar value of all U.S. loans in the exhibition must exceed $75 million, not including objects owned by the applicant or participating venue while on exhibition at their location.

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 must have previously organized one exhibition with objects borrowed from one or more public and/or private collections, and that participating venues have previously organized or hosted at least one exhibition with objects borrowed from one or more public and/or private collections.

Generally, applicants may submit only one application, either under the domestic or the international 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.

Note: For reasons of risk, the Federal Council is generally opposed to indemnifying oil on copper paintings, objects containing pastel, certain chalk, charcoal, lacquer, certain types of glass (including enamels), works on parchment or vellum, marquetry, frescoes, other fragile objects, and objects to be exhibited outdoors. 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 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 $1,000,000,000. The total dollar amount of indemnity agreements which can be in effect at any one time is $7.5 billion. This limit includes all current agreements as well as new certificates awarded through these guidelines. A minimum of $75 million value for all U.S.-owned loans in the exhibition (not including applicant-owned objects in non-traveling exhibitions) is required for eligibility. 

The Arts and Artifacts Indemnity Act provides for a deductible per exhibition of the first:

• $15,000 for up to $2 million in indemnified value;
• $25,000 for more than $2 million but less than $10 million in indemnified value;
• $50,000 for not less than $10 million but less than $125 million in indemnified value;
• $100,000 for not less than $125 million but less than $200 million in indemnified value;
• $200,000 for not less than $200 million but less than $300 million in indemnified value;
• $300,000 for not less than $300 million but less than $400 million in indemnified value;
• $400,000 for not less than $400 million but less than $500 million in indemnified value;
• $500,000 for $500 million or more in indemnified value.

Application Submission Deadline Dates

There are two application deadlines per year: December 12, 2022 and June 12, 2023.

The Indemnity Advisory Panel and Federal Council meetings occur approximately eight weeks and twelve weeks, respectively, following each final deadline date (after image submission). An application should not be submitted more than one year and three months in advance of the start 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:

• December 12, 2022 Application Deadline
• June 12, 2023 Application Deadline

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 include any logo.)

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
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
e-mail: loikop@arts.gov

Daniel Hoffman
Assistant Indemnity Administrator
National Endowment for the Arts
Washington, D.C. 20506
telephone: 202-682-5070
e-mail: hoffmand@arts.gov

June 2022