| Executive Order 12555
of March 10, 1986
Protection of Cultural Property
By the authority vested in me as
President by the Constitution and laws of the United States of America,
including the Convention on Cultural Property Implementation Act (Title
III of Public Law 97-446; hereinafter referred to as the "Act"), and Section
301 of Title 3 of the United States Code, it is hereby ordered as follows:
Section 1. United States
Information Agency. The following functions conferred upon the President
by the Act are hereby delegated to the Director of the United States Information
Agency, acting in consultation with the Secretary of State and the Secretary
of the Treasury:
(a) The functions conferred by section
303(a)(1) concerning determinations to be made prior to initiation of negotiations
of bilateral or multilateral agreements.
(b) The functions conferred by section
303 (d) with respect to the determinations concerning the failure of other
parties to an agreement to take any or satisfactory implementation action
on their agreement; provided, however, that the Secretary of State will
remain responsible for interpretation of the agreement.
(c) The functions conferred by section
303(e) relating to the determinations to be made prior to the initiation
of negotiations for the extension of any agreement.
(d) The functions conferred by section
303 (f) relating to the actions to be taken upon receipt of a request made
by a State Party to the Convention on the Means of Prohibiting and Preventing
the Illicit Import, export and Transfer of Ownership of Cultural Property
adopted by the Sixteenth General Conference of the United Nations Educational,
Scientific and Cultural Organization (hereinafter referred to as the "Convention").
(e) The functions conferred by section
303(g)(1)(B) relating to the notification of Presidential action and the
furnishing of reports to the Congress.
(f) The functions conferred by section
304(b) to the extent that they involve determinations by the President
that an emergency condition applies with respect to any archaeological
or ethnological material of any State Party to the Convention, subject
to the limitations of sections 304(c)(1), 304(c)(2), and 304(c)(3).
(g) The functions conferred by section
304(c)(3) to the extent that they involve determinations to be made and
the receipt and consideration of an advisory report from the Cultural Property
Advisory Committee by the President prior to extensions of emergency import
restrictions.
(h) The functions conferred by sections
306(f)(6) and 306(g) relating to the receipt of reports prepared by the
Cultural Property advisory Committee.
(i) The functions conferred by section
306(h) relating to the determinations to be made about the disclosure of
matters involved in the Cultural Property Advisory Committee's proceedings.
Sec. 2. Department of State.
The following functions conferred upon the President by the Act are hereby
delegated to the Secretary of State, acting in consultations with and with
the participation of the Director of the United States Information Agency
and in consultation with the Secretary of the Treasury:
(a) The functions conferred by section
303(a)(2) relating to the negotiation and consultation of bilateral or
multilateral agreements under the Act, subject to the restrictions of the
section 303(c).
(b) The functions conferred by section
303(a)(4) relating to obtaining a commitment on the exchange of archaeological
and ethnological materials from a party to an agreement.
(c) The functions conferred by section
303(e) relating only to negotiation and conclusion of extensions of agreements
under the Act.
(d) Except with respect to subsection
303(g)(1)(B), the functions conferred by section 303(g), relating to the
notification of Presidential action and the furnishing of reports to Congress.
(e) The functions conferred by section
304(c)(4) to the extent that they involve the negotiation and consultation
of agreements subject to advice and consent to ratification by the Senate.
Sec. 3. Department of the
Treasury. The following functions conferred upon the President by the
Act are hereby delegated to the Secretary of the Treasury, acting in consultation
with the Director of the United States Information Agency and the Secretary
of State:
(a) Subject to subsection (b of Section
1 above, the functions conferred by section 303(d) to the extent that they
involve the suspension of import restrictions.
(b) Subject to subsection (f) and
(g) of Section 1 above, the functions conferred by section 304 to the extent
that they involve the application of import restrictions set forth in section
307 and the extension of such import restrictions pursuant to section 304(c)(3).
Sec. 4. Enforcement of
Territories and Other Areas. The Secretary of the Interior is designated
carry out the enforcement functions in section 314.
/s/ Ronald Reagan
THE WHITE HOUSE, March 10, 1986 |