Application for Indemnification

International Indemnity Application Instructions 2020.pdf

Application for International Indemnification

Application for Indemnification

OMB: 3135-0094

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Arts and Artifacts Indemnity Program
International Indemnity

OMB 3135-0094
Exp.

CFDA Number: 45.201, Funding Opportunity Number:

How to Apply
Read these instructions carefully before completing your application. No indemnification
agreement may be entered into unless a completed application has been received in
accordance with the provisions of Public Law 94-158 (20 USC 973). Only applications that
provide thorough answers to each question can be considered for a Certificate of Federal
Indemnity.
For information about eligibility, the content of your application, or the Indemnity Program in
general, contact:
Patricia Loiko
Indemnity Administrator
National Endowment for the Arts
Telephone: 202-682-5541
Fax: 202-682-5721
Email: [email protected]

Daniel Hoffman
Assistant Indemnity Administrator
National Endowment for the Arts
Telephone: 202-682-5070
Fax: 202-682-5721
Email: [email protected]

How to Prepare and Submit Your Application for Indemnity
Submitting an application is a multi-step process. You will interact with the Arts Endowment’s
website, Grants.gov, and the Arts Endowment’s Applicant Portal. These instructions provide
all of the information that you need to submit an application. We urge you to read these
instructions in their entirety before you begin the application process.
Deadline:
Part 1 - Submit to
Grants.gov

Month/Day/Year by 11:59 p.m., Eastern Time

Part 2 - Submit to the
Applicant Portal

Month/Day/Year at 9:00 a.m., Eastern Time to
Month/Day/Year at 11:59 p.m., Eastern Time

NOTE: To allow time to resolve any problems you might encounter, we strongly recommend
that you submit to Grants.gov by at least Month/Day/Year, ten days prior to the Part 1
deadline.

Part 1: Submit to Grants.gov
You will use the Grants.gov system to complete Part 1 of the application process.
1. Register or Renew/Verify Registration with Grants.gov:
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Before submitting to Grants.gov, your organization must register or renew/verify its
current registration with both Grants.gov and the System for Award
Management (SAM). Failure to comply with these requirements may result in your
inability to submit to Grants.gov.
Go to Grants.gov's Organization Registration to create a new organization
registration.
Grants.gov Contact Center: Call 800-518-4726, email [email protected], or
consult the information posted on the Grants.gov website at Support. The
Grants.gov Contact Center is available 24 hours a day, 7 days a week.
SAM Federal Service Desk: Call 866-606-8220 or see the information posted on
the SAM website at SAM User Help.
Maintain documentation (with dates) of your efforts to register or renew at least two
weeks before the deadline.
In addition to these instructions, you should periodically check the Grants.gov
blog or the Grants.gov homepage for tips, updates, and alerts.

2. Go to the Grant Opportunity Package:
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Access the Grant Opportunity Package with the Application for Federal Domestic
Assistance/Short Organizational Form on Grants.gov by clicking on the link below:
DOWNLOAD
[Funding Opportunity Number ]
When you go to Grants.gov through the link above, the Grants.gov “View Grant
Opportunity” screen will open. Choose “Apply” in the “Action” area. On the next
screen, chose “Apply” again. You will be prompted to enter your Grants.gov
Username and Password.
You will apply using a Grants.gov Workspace. To create a Workspace, look for the
“Application Filing Name” field above the “Create Workspace” button. Enter the
legal name of your organization, click the “Create Workspace” button, and follow
the screens from there. If you want to learn more about using Grants.gov’s
Workspace, see here.
You will submit all other materials of your application during Part 2.

3. Fill out the Application for Federal Domestic Assistance/Short Organizational Form:
NOTE: All asterisked (*) items and yellow fields on this form are required and must be
completed before you will be able to submit. Do not type in all capital letters. Enter
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information directly into the form; do not copy from an old application or other
document and paste into the form. Items 1 and 2 have been pre-populated. Item 3,
Date Received, will be filled in automatically with the date that you submit your
application; leave this field blank. Item 4 has been pre-populated.
Question 5. Applicant Information:
a. Legal Name: Enter the legal name of the U.S. nonprofit organization or government
entity applying for indemnity as it appears in the current IRS 501(c)(3) status letter
or in the official document that identifies the organization as a unit of state or local
government, or as a federally recognized tribal community or tribe. If an exhibition
is being shown at several venues, one organization should apply on behalf of all
participants. The Federal Council on the Arts and the Humanities requires that the
applicant must have previously organized at least one museum-caliber exhibition
containing objects borrowed from one or more public and/or private collections.
b. Address: Use Street 1 for your street address or post office box number, whichever
is used for your U.S. Postal Service mailing address. Street 2 should be used only
when a Suite, Room Number or other similar information is a necessary part of
your address. In the Zip/Postal Code box, enter your full 9-digit zip code (you may
look it up at www.usps.com/zip4/).
d. Type of Applicant: Select the item that best characterizes your organization from
the menu in the first drop down box. Additional choices are optional.
e. Employer/Taxpayer Identification Number (EIN/TIN): Enter the 9-digit number that
was assigned by the Internal Revenue Service; do not use a Social Security
Number.
f. Organizational DUNS: All organizational applicants for federal funds must have a
DUNS number, which is recognized as the universal standard for identifying
organizations worldwide. The number that you enter here must agree with the
number (either 9 or 13 digits) that you used with the SAM as part of the Grants.gov
registration or your application will not be validated by Grants.gov and will be
rejected.
g. Congressional District: Enter the number of the Congressional District where the
applicant organization is located. Use the following format: two-character State
Abbreviation-three-character District Number. For example, if your organization is
located in the 5th Congressional District of California, enter "CA-005." If your state
has a single At-Large Representative or your territory has a single Delegate, enter
your two digit state/territory abbreviation and “-000.” If you need help, visit the
House of Representatives website at www.house.gov and use the "Find Your
Representative" tool.
Question 6. Project Information:
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a. Project Title: Enter the title of the exhibition.
b. Project Description: In two or three brief sentences, provide a concise description
of your exhibition. Include the subject matter, type of objects to be included
(paintings, sculpture, manuscripts, etc.), those responsible for organizing the
exhibition, and catalogue author(s).
NOTE: This field on the form has a character limit of 1,000, including spaces. Even
if you have less than 1,000 characters, Grants.gov may translate special
characters (e.g. apostrophe, question mark) in a way that will cause your
application to be rejected. We strongly encourage you to write a succinct project
description and double check the number of characters.
c. Proposed Project Start Date/End Date: Enter the beginning and ending dates for
the total period for which you are requesting indemnity coverage (this is usually
one month prior to the public opening, and one month after the public closing, of
the exhibition; if additional time is needed, justify the extended dates within the
narrative, Question 1). The indemnity time period begins on the date that condition
reports are prepared and signed, typically prior to initial packing at the lender
location, and may include the time objects are in transit and while on exhibition.
Indemnity coverage ends on the date that condition reports are completed upon
return to the location designated by the lender, or as determined by the Federal
Council.
NOTE: The Federal Council rarely approves coverage for a total indemnity period
greater than two years.
Question 7. Project Director: Enter the name of the person responsible for organizing
the exhibition. Select a Prefix (e.g., Ms., Mr.) even though this is not a required
field.
Question 8. Primary Contact/Grant Administrator: Enter information for the person who
should be contacted on all matters involving this application and the administration
of an indemnity agreement that may be awarded. Select a Prefix even though this
is not a required field. If this individual is the same as the Project Director, you may
check the "Same as Project Director" box.
Question 9. Authorized Representative: Enter information for the Authorized
Representative who will submit this application to Grants.gov. The AR must have
the legal authority to obligate your organization. If the Primary Contact/Grant
Administrator is the same as the AR, complete all items under both 8 and 9 even
though there will be some repetition. Certificate of Indemnity documents will be
issued to the AR.
By clicking the "I Agree" box at the top of Item 9, this person certifies that:
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Information contained in this application, including all supporting materials, is true
and correct.
Valuations for objects requested for indemnity are accurate and represent current
values to the best of his/her knowledge.
Dated loan agreements, including U.S. dollar valuations and agreement to federal
indemnity, will be in his/her hands prior to completion of the first condition report of
each indemnified object to start the indemnity period.

NOTE: Due to restrictions from the Department of Homeland Security we are not able
to send emails to alias addresses that forward to another email account. Do not enter
this type of email address.
The "Signature of Authorized Representative" and "Date Signed" boxes will be
populated by Grants.gov upon submission of the application.
4. Submit your application to Grants.gov:
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To begin the submission process, log on to Grants.gov and go to the Forms tab on
the Manage My Workspace page. Click the “Sign and Submit” button under the
Forms tab. Be certain that you are satisfied with your Application for Federal
Domestic Assistance/Short Organizational Form before you click this button. No
revisions to your form are possible through Grants.gov once it is submitted.
Once you complete and submit your application, you will see a confirmation screen
explaining that your submission is being processed. Retain the Grants.gov
Tracking Number that you receive in the application submission confirmation
screen. If you wait until the day of the deadline to submit your application, you are
taking a significant risk!
We will not accept late applications or late applications that are the result of user
error, including failure to verify that the application was validated and accepted by
the Grants.gov system through Track My Application.
Failure to successfully submit the Application for Federal Domestic
Assistance Form through Grants.gov will make you ineligible to complete
Part 2 of the application process.

5. Track Your Application:
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Verify that your application was validated and accepted by the Grants.gov system.
Go to Track My Application to confirm the validation and track the progress of
your application submission through Grants.gov. Do not wait until the day of the
deadline to verify your submission in case you encounter any difficulties.

Part 2: Submit to the Arts Endowment’s Applicant Portal
You will use the Applicant Portal to complete Part 2 of the application process.
You must first have successfully completed Part 1 (submitting the Application for Federal
Domestic Assistance/Short Organizational Form to Grants.gov) by the Part 1 deadline. Your
application will not be considered complete unless you also complete Part 2.
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Do not attempt to complete Part 2 before the system becomes available to you on these
dates. We strongly encourage you to prepare your materials well in advance of the deadline
and have them fully ready to upload once the system opens.
Deadline:
Part 1 - Submit to
Grants.gov

Month/Day/Year by 11:59 p.m., Eastern Time

Part 2 - Submit to the
Applicant Portal

Month/Day/Year at 9:00 a.m., Eastern Time to
Month/Day/Year at 11:59 p.m., Eastern Time

Accessing the Applicant Portal:
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Log on to the Applicant Portal at: https://applicantportal.arts.gov

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User Name = Grants.gov Tracking Number
(Example: "GRANT12345678")

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Password = Agency Tracking Number/NEA Application Number
(Example: "1234567")

How do I find my Grants.gov tracking number? Your Grants.gov tracking number is
assigned to you by Grants.gov at the time you submit your application. A confirmation screen
will appear once your application submission is complete. Your Grants.gov tracking number
will be provided at the bottom of this screen. Remember to save this number.
How do I find my Agency Tracking #/NEA Application Number? The Arts Endowment
assigns the number to your application 1-2 business days after you submit your application.
Log on to Grants.gov with your Grants.gov Username and Password. Under Grant
Applications, select the Check Application Status feature, look for your Grants.gov tracking
number, and select Details under the Actions column. You’ll be taken to the Submission
Details screen to find your Agency Tracking#/NEA Application Number.
NOTE: Check Application Status is a separate feature from Track My Application at
Grants.gov.
Upload the items listed below to the Applicant Portal by 11:59 p.m., Eastern Time, on
Month/Day/Year.
- Item 1: Indemnity Narrative, including floor plans, facility reports, etc.
- Item 2: Identification and U.S. Dollar Value of Non-United States-Owned Objects
Requested for Indemnity
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- Item 3: Identification and U.S. Dollar Value of United States-Owned Objects Requested for
Indemnity
- Item 4: Identification of Objects Not Requested for Indemnity
- Visual Documentation
Password protect each file (e.g., PDF, Excel) before you upload it to the Applicant Portal.
This feature generally is located through the “File” tab of each program. Use the same
password for each file. After completing Part 2, email this password to the Indemnity
staff at: [email protected].
File names must not: exceed 100 characters; begin with a space, period, hyphen, or
underline; or contain these characters: #%&{}\<>*?/$!‘“:+`=|"@.
When you upload your files, you will find a field into which you will have the option to enter
information into a Title and Description box. Enter the name of the file in the Title box. Each
descriptive field should provide only a brief overview of the item as a whole.
There is a limit of 250 MB for all of your Part 2 application materials combined.
Submit your application. You can confirm that your application was received when you log in
to the Applicant Portal. On the first screen it will say “Submitted” if your application has been
received. If your application has not yet been received, it will say “In Progress.”
Item 1: Indemnity Narrative
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Your narrative must address the items below as they relate to objects/venues
requested for indemnity.
Use the boldfaced numbers and headings below to organize your response.
Label all pages clearly with your organization’s legal name and “Indemnity Narrative.”
No page format should exceed 8 1-/2 x 11 inches. Do not reduce type below 12-point
font size. Do not type in all capital letters. Number pages sequentially.
Convert your file to PDF before uploading.
The file name should indicate the name of your organization or a recognizable
acronym followed by “Indemnity Narrative” (e.g.,
“ABCOrganizationIndemnityNarrative").
Password protect each file (e.g., PDF) before you upload it to the Applicant Portal.
This feature generally is located through the “File” tab of each program. Use the same
password for each file (e.g., narrative, spreadsheet, visual images). After
completing Part 2, email this password to the Indemnity staff at: [email protected]
and [email protected]

1. Title, Place(s) and Dates of Exhibition

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(a) Include the exhibition title, and specific venue, city, state, and country, and dates,
where and when it will be viewed. If indemnity coverage is requested to begin or end
at a site other than the lender location, indicate specific site and dates. If indemnified
objects will be placed in storage at any time during the indemnity period, give dates
and the facility to be used, and within the applicable Narrative sections fully describe
how objects will be cared for and protected (the Federal Council may determine
storage periods to be ineligible for indemnity coverage).
(b) Explain if indemnity coverage for any objects is requested for specific time periods
only (i.e. to not include inbound or outbound transit, or, not be shown at all venues).
NOTE: The Federal Council generally limits indemnity coverage for a single exhibition to
five venues (or fewer, depending upon the type and condition of the objects) and/or two
years or less. The Federal Council requires that participating venues must have
previously organized or hosted at least one museum-caliber exhibition, with loans from
public and/or private collections. Indemnity should not be requested for inaugural
exhibitions in new buildings or substantially renovated spaces.
NOTE: Report modifications of the exhibition title and/or dates that occur after application
submission to the Indemnity Administrator, even if the change is applicable to individual
venues.
2. Total Number and Value of Objects Requested for Indemnity
(a) Total current U.S. dollar lender value of all objects requested for indemnity.
(b) Total number and U.S. dollar lender value of non-U.S.-owned objects requested for
indemnity.
(c) Total number and U.S. dollar lender value of U.S.-owned objects requested for
indemnity.
(d) Estimate of private/commercial insurance premium which would be required to cover
objects requested for indemnity, if indemnity was not approved.
(e) Source of the insurance premium estimate.
3. Total Number and Value of the Entire Exhibition
(a) Total current U.S. dollar valuation for all objects in the entire exhibition (include objects
requested for indemnity, and objects not requested for indemnity).
(b) Total number of objects in the entire exhibition.
NOTE: In the event of disagreement between the Federal Council and the indemnitee
regarding claims relating to partial loss, damage or reductions in fair market value as a
result thereof, the binding arbitration and appraisal procedures described in Section
1160.10 Regulations (45 CFR Part 1160) of the Arts and Artifacts Indemnity Act shall
apply.
4. Exhibition Significance

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(a) Describe the exhibition, and state the significance and the educational, cultural,
historical, and/or scientific value of the objects requested for indemnity, and for the
entire exhibition.
(b) Explain how the risk of potential damage to the objects is justified by the purposes of
the exhibition.
(c) Provide the name of the organizer, and the name and title of the curator
responsible for the exhibition at each venue.
(d) Indicate if there will be a catalogue or publications and name the author(s).
(e) Describe related public activities planned in conjunction with the exhibition at
each indemnified venue.
If coverage is requested for non-U.S.-owned and U.S.-owned objects, you must
demonstrate that the non-U.S.-owned objects are integral and vital to the exhibition
as a whole to justify application for International Indemnity, otherwise, approval of
the U.S.-owned objects may be denied. This information is essential for the Federal
Council to evaluate the significance and value of objects to be indemnified and their
relationship to the exhibition.
5. Packing, Shipping, Environmental, and Security Arrangements for Objects
Requested for Indemnity
IMPORTANT: NOTE ON IMMUNITY FROM JUDICIAL SEIZURE
Statute 22 U.S.C. 2459 and Executive Order 12047 authorize the Department of State to
issue notices in the Federal Register to immunize certain cultural objects from seizure by
judicial process. The objects must be imported into the United States pursuant to an
agreement between the non-U.S. owner or custodian and a U.S. cultural or educational
institution for a non-profit exhibition or activity. Prior to publication of the immunity notice,
the Department of State must determine that the exhibition of objects is in the national
interest, and that the objects are of cultural significance. The Federal Council strongly
recommends applying well in advance for this protection for all international
exhibitions. To obtain further information, or to apply for such protection, contact:
Office of the Legal Advisor for Public Diplomacy and Public Affairs United States
Department of State, www.state.gov
NOTE: If a Certificate of Indemnity is awarded it will be based primarily on details
provided in Question 5. The indemnitee must notify the Indemnity Administrator IN
ADVANCE to any change affecting the time period, list of objects, arrangements for
packing, shipping, handling, installation, environment, security, storage, etc. as stated
herein or subsequently submitted, for approval by the Federal Council before an awarded
Certificate can be amended. The Federal Council will NOT be responsible for loss or
damage to an indemnified object occurring as a result of an unauthorized change.
Indemnity is intended to cover objects in exhibitions for which the most professional and
thorough “best practices” care in packing, shipping, climate control, and security
arrangements is provided. This section is a critical part of the application and will be
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examined very closely. If coverage is requested for both non-U.S. and U.S.-owned
objects, describe arrangements for the non-U.S. first, followed by the U.S. For these
arrangements to be assessed it is essential that you state as completely as possible the
policies, procedures, techniques, and methods to be employed with respect to the
following categories (use the headings below to organize your response). Include
descriptive charts, diagrams, and illustrations as applicable. You may include these items
as part of Item 1 or as separate PDF uploads.
NOTE: When objects are specifically identified within the narrative, include their
corresponding numbers from lists for Questions 12 and 13.
NOTE: Indicate if objects will not be exhibited at all venues (this may be noted on the lists
for Questions 12 and/or 13), and provide applicable logistics.
NOTE: At the end of the Narrative include a current facility report for each venue, off-site
storage facility and other location (other than the lender) that may be utilized regardless of
the length of time indemnified objects will be located there during the indemnity period.
Strong preference is for the most current AAM version, with all sections completed; facility
report data must be completed/verified within six months preceding this application date.
(a) Packing arrangements at location designated by the lender(s).
1. Provide name of the institution and/or company responsible for the initial
packing and crating from the location designated by the lenders, and fully describe
all interior and exterior packing and crating, citing specific materials (confirm
adherence to EU and U.S. wood regulations) and methods, especially for each
type of object (these may differ by lender).
2. Confirm that crates will acclimatize for at least 24 hours before unpacking at each
location, including after return to lenders.
3. Confirm that pack/crate notes, with applicable photographs, will be recorded upon
initial unpacking at the first venue and will be shared with participating venues.
4. Describe the location and conditions where empty crates/packing materials
will be stored during the exhibition, including environmental statistics (depending
on conditions, the Federal Council may require that empty crates acclimate to
exhibition gallery conditions for 24-48 hours prior to packing).
NOTE: For shipments containing CITES and non-CITES materials, consider crating
CITES objects separately from non-CITES objects to avoid delay in the event of CITES
inspection.
(b) Shipping and security arrangements during transport.
NOTE: The Federal Council requires that each conveyance vehicle containing
indemnified objects be accompanied by a courier on board. Vehicles must never be
left unattended.
Generally, shipment of objects by "hand carry" is not approved.
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DO NOT INCLUDE DATES OF TRAVEL FOR SHIPMENTS/COURIERS.
1. Fully describe the shipping and security arrangements for the objects during
transport, including the initial assemblage, transfer between sites, and return
to the lenders.
2. Provide names of shipping companies (if using a coordinator, forwarder or
sub-contractor also provide names of companies operating vehicles in
which objects will be transported), and conveyance vehicle specifications
(i.e. dual drivers, never unattended, alarms, locks, environmental controls,
GPS, etc.), to be used for all shipments.
3. For air travel provide anticipated airlines (but not flight numbers) and airports
to be used, names of shipping/customs companies and their duties, and
confirm tarmac supervision for all flights.
4. Describe TSA screening location and procedures (methods, equipment, etc.)
for crates departing on passenger flights from U.S. airports. NOTE: The Federal
Council recommends TSA banding of crates departing on all-cargo flights from U.S.
airports.
5. Provide anticipated titles/positions of couriers, and confirm that couriers will
ride on board each conveyance vehicle.
(c) Packing and shipping arrangements for fragile objects (see also 12(B) NOTE).
For objects considered to be fragile and/or vulnerable to the hazards of loan,
such as large and/or heavy works, oil on wood panel paintings, or objects
comprised of multiple media:
1. Give accurate descriptions of present conditions, including name and
qualification of person(s) responsible for making the assessment, and your means
of verifying the satisfactory condition of these objects prior to the initial packing.
2. Describe special precautions to be taken for packing, shipping, handling, and
installation to minimize the risk of damage.
3. For objects with one or more dimension beyond 120 inches, explain if they
disassemble to under 120 inches (give number of sections and size of each)
for packing, crating, transit, and installation, and provide specific details as
applicable.
4. For oil on wood panel paintings, describe climate conditions at the lender
location as known, and how the environment will be maintained throughout
the indemnity period.
(d) Condition reports.
NOTE: All condition reports must be made during the indemnity period.
Submission of condition reports with the application is not required. However, an
applicant is encouraged to provide a condition report for an especially fragile
object as evidence of its stability. In the event of a claim for loss or damage
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condition reports must be available immediately for inspection by the Federal
Council.
If a Certificate of Indemnity is awarded, the indemnitee is responsible for confirming the
stability of the objects for travel and, if necessary, to assure the Federal Council at any time
during the indemnity period that conditions of objects correspond to the initial condition
reports.
1. Confirm if a qualified professional has determined that objects are able to
withstand the rigors of packing, shipping, and installation.
2. Indicate provisions for providing condition reports at the following points, giving the
name and/or title of the person(s) responsible for filing the report:
2i. Immediately prior to packing and shipping from the location of lender.
2ii. Immediately upon delivery, after 24-hour acclimatization, and inspection at
each venue.
2iii. Immediately prior to packing and shipping from each venue.
2iv. Immediately prior to packing and return shipping to location of lender.
2v. Immediately upon delivery, after 24-hour acclimatization, and inspection at
location of lender.
3. If storage facilities will be used, indicate provisions for providing condition
reports, as applicable.
(e) Climate control conditions (at exhibition venues and storage facilities).
Facility reports will be used as reference only. For each venue (include specific
places in the building where indemnified objects will be located), and at each storage
facility, provide detailed:
1. Specifications of the type, operation, and maintenance oversight of the
climate control equipment.
1i. Explain if chemicals are added to water that becomes steam introduced into
the hot air ducts to humidify the gallery, and if so, what chemicals are used.
2. Temperature: degrees in Fahrenheit and average 24-hour ranges; explain
any recent discrepancies and methods used to correct and monitor.
3. Relative humidity: percentage(s) and average 24-hour ranges; explain any
recent discrepancies and methods used to correct and monitor.
3i. Method to maintain RH in display cases, vitrines, etc. as applicable.
4. Light levels: maximum level in foot-candles that will be set for each object type.
NOTE: The Federal Council requires light meters be calibrated just prior to object
arrival to ensure accuracy. The Federal Council may require maximum levels,
i.e. nte 25 fc/paintings, 5 fc/works on paper and sensitive materials.
5. Special precautions to be taken for objects susceptible to damage as a result
of fluctuations or extremes in humidity, temperature and/or lighting (such as
wood, furniture, works on paper, etc.).
6. Explanation if local construction projects adjacent to buildings where indemnified
objects will be located is anticipated during the indemnity period, and how
activities that may affect objects (i.e. vibration, light exposure, heat, dust, etc.) will
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be avoided.
NOTE: For objects considered light sensitive the Federal Council recommends that
light levels not exceed ten foot-candles, and may require or recommend lower light
levels for specific types of objects.
(f) Security arrangements (at exhibition venues and storage facilities).
NOTE: The Federal Council requires human presence 24-hours/7-days inside
buildings where indemnified objects are located.
Each approved participating venue must submit to the Indemnity Administrator a letter
from its Chief of Security, endorsed by its Director, within 30 days preceding the
opening of the exhibition at that venue, to certify that security arrangements remain as
stated in the approved application or as subsequently submitted and approved.
Facility reports will be used for reference only. For each venue (include specific
places in the building where indemnified objects will be located), and at each storage
facility, describe:
1. Number of guards assigned to this exhibition area while the exhibition is open
to the public. AT THE END OF THE NARRATIVE INCLUDE A FLOOR PLAN of
the exhibition galleries for each venue, indicating anticipated guard placement
and their possible line of sight to indemnified objects. NOTE: approved
applications must provide a final floor plan no less than thirty days prior to object
arrival at each venue. The Federal Council may require additional guard posts.
2. Number of guards on duty in the building 24/7 while the exhibition is not open
to the public.
3. How galleries will be protected, and if a guard will be present at each gallery
entrance to restrict access, during installation and de-installation.
4. Electronic surveillance and monitoring.
5. Fire protection measures, including if exhibition galleries and storage areas
have wet or dry sprinklers.
6. Installation plans, and related security, for objects by type/size/weight/double-sided
objects, etc.
Also include:
6i. general and specialized installation equipment to be used.
6ii. security hardware such as hanging rods, screws, alarms, and vitrines,
stanchions, pedestals, barriers (for each type of obstacle provide
anticipated depth in inches between the outermost projection of objects
and public reach), etc., to be used. NOTE: The Federal Council recommends a
minimum depth of 30 inches.
6iii. other protective measures, and especially to mitigate against seismic
activity for all regions of the country, where indemnified objects will be located.
(g) Transit limit per conveyance (vehicle) of transportation.
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NOTE: The Federal Council generally permits a maximum of $80 million of
indemnified value per conveyance. In special circumstances, approved limits may be
less than, or more than, $80 million. An applicant may request a waiver of up to $100
million of indemnified value per conveyance, and must provide justification for the
request beyond that of financial relief. Value in excess of the amount indemnified per
conveyance must be insured by the indemnitee or other party.
1. Indicate the maximum value of indemnified objects to be transported in a
single conveyance (vehicle) of transportation.
(h) Government Regulations, as applicable.
1. Indicate if, and by whom, application will be filed for immunity from judicial seizure
through the U.S. Department of State.
2. Indicate if, and by whom, application will be filed for CITES permits through the
U.S. Department of the Interior, Fish and Wildlife Services.
3. Describe, and indicate if, and by whom, application for other specific regulatory
permissions will be filed, as may be required.
NOTE: The Federal Council strongly encourages applicants to apply for all applicable
permissions.
6. Other Insurance Arrangements
NOTE: The maximum limit of indemnity coverage per exhibition is $1.8 billion.
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.

(a) State the insurance or other arrangements, including name(s) of the
insurance company, to cover the applicable deductible and any value in excess of the
amount approved for indemnity.
7. Financial Arrangements
(a) List the source(s) of assured or anticipated support to be used to cover the general
expenses of organizing the exhibition.

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(b) Describe the nature and amount of loan fees or other contractual arrangements in
excess of $10,000 for the entire exhibition with any lender to the exhibition or with
foreign governments representing lenders.
8. Previous Losses/Damages
(a) Describe any loss or damage over $5,000 to permanent collection or borrowed
objects (whether or not a claim was filed) incurred by the applicant, a
participating venue, and/or storage facility named herein, during the three years
prior to this application.
For each loss/damage include:
1. Location and date of the event.
2. Nature and cause.
3. Description and appraised value of the object(s) before and after the event.
4. If litigation determined blame or negligence.
5. Measures taken to prevent reoccurrence.
NOTE: Should loss and/or damage be incurred by the applicant, a participating venue,
and/or storage facility after this application is submitted, notify the Indemnity Administrator
immediately.
9. Accreditation by the American Alliance of Museums (AAM)
NOTE: Accreditation is not required to receive an indemnity. However, if an applicant or
participating venue is not accredited, the Federal Council reserves the right to request a
statement from that venue describing its procedures for handling loss or damage, or other
pertinent information.
(a) State if each participating venue is accredited by AAM, and date of last accreditation.
10. Exhibitions Outside the United States
The Arts and Artifacts Indemnity Act permits U.S.-owned objects to be indemnified while
on exhibition outside the U.S., preferably when they are part of an exchange of exhibitions
between a foreign country and the U.S.
For exhibitions from the U.S. on exhibition abroad, priority will be given: 1) if an exchange
of exhibitions is planned, and 2) if the responsibility for indemnity will be shared between
the U.S. and foreign institution(s). An exchange of exhibitions can be conceived and
planned concurrently by the U.S. and foreign institutions, or created in response within
five years (i.e., the time lapse between the end of the first exhibition and the beginning of
the second should not exceed five years). Both exhibitions should be of comparable
importance.

15

a) If this exhibition will take place outside the U.S., describe in detail the nature of the
exchange, information about the exhibition being shown in the U.S. and any other
insurance arrangements.
b) If no exchange is planned, explain if the country in which this exhibition is to be shown
has an indemnity program.
If a single exhibition contains objects U.S.-owned and non-U.S.-owned, and is to be
shown at sites both in the U.S. and abroad, indemnity can be requested for the U.S.owned and non-U.S.-owned objects while on exhibition in the U.S., and for the U.S.owned objects only while on exhibition abroad. However, priority for coverage will be
given to joint exhibitions in which the responsibility for indemnity is shared by the U.S. and
foreign institutions.
c) If this application is for coverage of a single exhibition, with non-U.S.- and U.S.-owned
objects on exhibition in the U.S., and U.S.-owned objects on exhibition abroad, include
a statement to that effect in Question 6(b) of the Application for Federal Domestic
Assistance/Short Organizational Form, and:
i.

Include all relevant application information (e.g. places and dates of exhibition;
packing, shipping, security, environmental information; provision of condition
reports, facility reports, floor plans, etc.) for all venues in the appropriate
application questions of the Narrative.

ii.

Include Question 12 (Identification and Valuation of Non United States-Owned
Objects Requested for Indemnity) for coverage of non-U.S.-owned objects while
on exhibition in the U.S.; and Question 13 (Object Identification and Valuation
for United States-Owned Objects Requested for Indemnity) for coverage of the
U.S.-owned objects while on exhibition in the U.S. and abroad.

NOTE: Indemnity under these guidelines does not cover exhibitions consisting solely of
U.S.-owned objects on exhibition in the U.S., or solely of non-U.S.-owned objects on
exhibition abroad.
11. Third Party Opinion of Lender Value For Objects Requested for Indemnity
The applicant must have lender values assessed by experts other than staff of the
applicant, participating venues, lenders, or anyone directly involved with the exhibition. An
expert may be, for example, personnel of an auction house or dealer, or an outside
curator unaffiliated with the exhibition. An expert should identify conflicts of interest and
recuse him/herself. If requested objects are of two or more types, cultures, time periods,
etc., it may be necessary to consult more than one expert (they do not need to be from
the same source). The Third Party 1) may agree with the lender value as fair market
value, or 2) may believe the lender value is lower than fair market value, or 3) may believe
the lender value is higher than fair market value. If the Third Party does not concur with
the lender value he/she should suggest an alternate value. State the Third Party’s opinion
16

of the values in the Identification and U.S. Dollar Value of Objects Requested for
Indemnity (Items 2 and 3, and as applicable, 4); see instructions, below.
(a) Provide the name and title for each expert and a brief statement that establishes
his/her expertise and qualifications (see Question 12(g)).
NOTE: In no case will an approved indemnified value exceed the lender value.
Item 2 – “Question 12: Identification and U.S. Dollar Value of Non-United States-Owned
Objects Requested for Indemnity” list, Item 3 – “Question 13: Identification and U.S.
Dollar Value of United States-Owned Objects Requested for Indemnity” list, and Item 4
– “Question 14: Identification of Objects Not Requested for Indemnity” list:
•

•
•

Submit Items 2, 3, and 4 as separate MS Excel spreadsheet files as specified in
sections 12, 13, and 14, below. Do not convert spreadsheets into PDF format. Use
Arial, 12-point font size. Do not type in all capital letters. Pages should appear in
LANDSCAPE format to fully fit onto an 8 1/2 x 11 inch sheet.
Name your file before you upload it. The name of the file should indicate the name of
your organization or a recognizable acronym followed by “Item 2” or "Item 3" or “Item
4” (e.g., “ABCOrganizationItem2").
Password protect each file (e.g., Excel) before you upload it to the Applicant Portal.
This feature generally is located through the “File” tab of each program. Use the same
password for each file. After completing Part 2, email this password to the
Indemnity staff at: [email protected] and [email protected]

12. Item 2: Identification and U.S. Dollar Value of Non-United States-Owned Objects
Requested for Indemnity
NOTE: Country of ownership is determined by the residence of the legal lender and not by
the location of the object.
Provide a numbered list of all objects requested for indemnity in spreadsheet
LANDSCAPE format. Follow this template, using only these column titles and row
numbers (information must match information provided with the visual documentation; see
instructions for Visual Documentation preparation, below).
A

B

Number

Object
Type

C

D

Object
Lender
Description

E
Lender
Value

F

G

H

Source of
Lender
Valuation

3rd Party
Opinion
Value

Source of
3rd Party
Opinion
Value

12.1

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12.2,
etc.

NOTE: The applicant determines the order of the list (by lender, lender location,
artist, theme, etc.).
Include the following information for each object:
(a) Number: Start with number 12.1 and number consecutively. This number must match
the number for the same object in the visual documentation that you submit, and also
where the specific object is described within the narrative text.
(b) Object Type: For example, painting, drawing, photograph, ceramic, sculpture,
furniture, jewelry, textile, scientific instrument, manuscript, etc.
Indemnity does not consider auxiliary materials, such as frames, cases, mounts, etc.
unless specifically itemized and for which full details, values, and images are
submitted.
NOTE: For concern 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, and other fragile objects. Oversized objects (exceeding 10 feet/120 inches in
any direction, or of an excessive weight) 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. The
Federal Council may determine that objects be moved to the list of non-indemnified
objects.
(c) Object Description: Artist name, nationality and dates, title, date, medium, support,
dimensions HxW in inches (adding dimensions of frames is optional), include HxWxD
for 3-D objects, and if applicable a lender accession/inventory number. If the borrower
does not agree with a lender's attributions, explain.
Indicate if an object contains more than one part (e.g., a pair of earrings). If an object
is described as a pair or set, it is the applicant's responsibility to advise the lender of
the Federal Council's policy regarding loss of a part of a pair or set (see Clause 7 of
the Certificate of Indemnity). Objects considered part of a pair/set must have individual
values.
In addition:
•

For objects directly on or mounted onto panel, wood or board, include the type of
wood.

18

•

For collages and mixed media, identify the medium/materials (and support, if
applicable) of each element.

•

For manuscripts and sketchbooks, indicate the entire number of pages, and the
number and size of illuminations or illustrations. Give page number(s) to be
exhibited.

•

For books, give the number and date of the edition and, if possible, the rarity (e.g.
the number of known copies), and describe annotations or associations. Give page
number(s) to be exhibited.

•

For prints and photographs, give the date of the print, indicate if the print was not
made by the artist or photographer, and note if it is the only state, or which state it
is, if known.

•

For large and/or particularly heavy objects, give the weight in pounds.

•

For cast objects (i.e. bronze), include casting date.

(d) Lender: Full name, city, state, and country of location or residence of the legal owner.
Private lenders must be identified by name, city, state, and country of residence, even
if represented by an agent on their behalf (i.e. if a gallery or dealer is listed as owner
but is acting on behalf of the owner, the owner and owner’s place of residence must be
included). Objects owned by a curator associated with this exhibition must be listed
under Question 14 “Identification of Objects Not Requested for Indemnity” (Item 4).
NOTE: Objects owned by the applicant or participating venues may not be
indemnified while on exhibition at that lender’s location. If traveling, such
objects may be included in Questions 12 and 13 for coverage while in transit
(starting with condition reports prior to packing) and/or while on exhibition at other
participating venues. Objects owned by the applicant or participating venues to be
exhibited only at that venue should be included in Question 14.

(e) Lender Value: Lender's value, converted to U.S. dollars, for each object.
NOTE: All values submitted will be considered. Value in excess of amounts approved
for indemnity must be insured by the indemnitee or other party.
Generally, for objects with lender values greater than $100 million, the Federal Council
will limit indemnity coverage to no more than $100 million per object, and excess must
be otherwise insured. Objects considered part of a pair/set must have individual
values.
Provide U.S. dollar value rounded to the nearest full dollar. Convert foreign currency
values into U.S. dollars; indemnity claims are paid only in U.S. dollars. Reasonable
19

currency fluctuations anticipated to occur during the indemnity period should be
reflected and explained in the valuations.
Enter the lender value. Set Excel “decimal places” to 0, to avoid including cents.
Then enter the total of these lender values in the cell directly under the last
lender value. For example, if the list ends at 12.34, enter the total value
requested in the cell under the Lender Value for 12.34. In the cell directly to the
left of this total, type the phrase “TOTAL REQUESTED INDEMNITY FOR
QUESTION 12. This phrase, and the total value, should be in BOLD.
NOTE: The list of objects and values is included in the Certificate of Indemnity and will
be the basis to determine the amount of a certified claim payment. All final lender
values must be provided before an approved Certificate of Indemnity will be issued.
(f) Source of Lender Value: If value is provided by the lender, write "Lender" (do not
include a person’s name); or, if lender value is unconfirmed at the time of the
application, write name and title (e.g. John Doe, curator) of the individual estimating a
temporary value to be considered for the application until the lender value is
confirmed. Values may be updated for consideration prior to the meeting of the
Advisory Panel; increased values will not be considered after the meeting of the
Advisory Panel.
(g) 3rd Party Opinion Value: Third Party opinion value rounded to the nearest full U.S.
dollar (see Question 11). Follow the instructions in (e) Lender Value, above.
(h) Source of 3rd Party Opinion Value: Name of the Third Party providing the opinion.

13. Item 3: Identification and U.S. Dollar Value of United States-Owned Objects
Requested for Indemnity
NOTE: Country of ownership is determined by the residence of the legal lender and not by
the location of the object.
Using the instructions for Question 12, provide a separate numbered list, starting with
13.1, of all U.S.-owned objects for which indemnity is requested.
14. Item 4: Identification of Objects Not Requested for Indemnity
This information is necessary for the Federal Council to determine the educational,
cultural, historical, or scientific value of the exhibition as a whole.
Using the instructions for Question 12, provide a separate list, starting with 14.1, of all
objects to be included in the exhibition for which indemnity is not requested. Complete
columns A-F only. For (d) Lender: if a private lender does not wish to be identified,
indicate "private lender." For (e) Lender Value: applicants are strongly encouraged to
20

provide U.S. dollar values for objects, including from non-U.S. lenders. This information is
reviewed to assess values given in Questions 12 and 13. Applicants who do not furnish
U.S. dollar values for objects in Question 14 may be requested to do so. Logistical
arrangements and visual materials are not required for objects not requested for
indemnity.
Visual Documentation
Submit digital images in two separate PDF files: one PDF for the objects requested for
indemnity, and one PDF for the highlight images. Image size should be consistent. To avoid
unnecessarily large files, each image/file has a size limit of 1 MB. There is a limit of 250 MB
for all of your Part 2 application materials combined.
Password protect each file (e.g., PDF) before you upload it to the Applicant Portal. This
feature generally is located through the “File” tab of each program. Use the same password
for each file. After completing Part 2, email this password to the Indemnity staff at:
[email protected] and [email protected]
NOTE: Object information provided for each image must match information provided with
Lists 12 and 13; see instructions for 12 and 13. Items 2 and 3: Identification and U.S.
Dollar Value of Objects Requested for Indemnity, above:
Submit:
1. One image per page of each object requested for indemnity, and include:
•
•
•
•
•
•
•
•

Number matching the number used in the lists for Question 12/Item 2 and Question
13/Item 3
Artist
Title
Date
Medium
Dimensions
Lender
Lender Value

2. Ten images, one object per page, to highlight the exhibition. Preference is that the
images represent objects requested for indemnity. The applicant determines the order
of the images, which should best present the exhibition by theme, or chronology,
nature, significance, rarity, etc. The order of the images does not need to follow the
numerical order used in the lists for Question 12/Item 2 and Question 13/Item 3.
Number the highlight images 1-10 (these are NOT the same numbers as in
Item 2 and 3 lists), and include on each page:

21

•
•
•
•
•
•
•
•

Number matching the number used in the lists for Question 12/Item 2 and Question
13/Item 3
Artist
Title
Date
Medium
Dimensions
Lender
NOTE: DO NOT INCLUDE LENDER VALUE, AND DO NOT INCLUDE
EXPLANATORY TEXT (see next)

On a separate page at the end of the PDF provide a list numbered 1-10, and for
each number include:
•
•
•
•
•
•
•
•

Number matching the number used in the list for Question 12/Item 2 and Question
13/Item 3
Artist
Title
Date
Medium
Dimensions
Up to three total BRIEF, CONCISE sentences describing the object, such as its
importance to the exhibition, or to the artist's oeuvre, etc.
NOTE: DO NOT INCLUDE LENDER OR LENDER VALUE

PAPERWORK REDUCTION ACT STATEMENT
The public reporting burden for the collection of information is estimated to average 45 hours
per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of
information. The Federal Council on the Arts and the Humanities welcomes suggestions to
improve the instructions and making them as easy to use as possible. Send comments
regarding this burden estimate or other aspect of this collection of information, including
suggestions for reducing this burden to Patricia Loiko at the address above. Applicants are not
required to respond to the collection of information unless it displays a currently valid Office of
Management and Budget (OMB) control number.

22


File Typeapplication/pdf
AuthorAlice Whelihan
File Modified2020-03-12
File Created2020-03-12

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