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19 United States Code 2600  

CHAPTER 14--CONVENTION ON CULTURAL PROPERTY

Sec.
2601. Definitions.
2602. Agreements to implement Article 9 of the convention.
2603. Emergency implementation of import restrictions.
2604. Designation of materials covered by agreements or emergency actions.
2605. Cultural Property Advisory Committee.
2606. Import restrictions.
2607. Stolen cultural property.
2608. Temporary disposition of materials and articles subject to this
 chapter.
2609. Seizure and forfeiture.
2610. Evidentiary requirements.
2611. Certain material and articles exempt from this chapter.
2612. Regulations.
2613. Enforcement.


Sec. 2601. Definitions

 For purposes of this chapter--
 (1) The term "agreement" includes any amendment to, or extension of, any
 agreement under this chapter that enters into force with respect to the
 United States.
 (2) The term "archaeological or ethnological material of the State Party"
 means--
 (A) any object of archaeological interest;
 (B) any object of ethnological interest; or
 (C) any fragment or part of any object referred to in subparagraph (A)
 or (B);

 which was first discovered within, and is subject to export control by, the
 State Party. For purposes of this paragraph--
 (i) no object may be considered to be an object of archaeological
 interest unless such object--
 (I) is of cultural significance;
 (II) is at least two hundred and fifty years old; and
 (III) was normally discovered as a result of scientific excavation,
 clandestine or accidental digging, or exploration on land or under
 water; and

 (ii) no object may be considered to be an object of ethnological
 interest unless such object is--
 (I) the product of a tribal or nonindustrial society, and
 (II) important to the cultural heritage of a people because of its
 distinctive characteristics, comparative rarity, or its contribution to
 the knowledge of the origins, development, or history of that people.

 (3) The term "Committee" means the Cultural Property Advisory Committee
 established under section 2605 of this title.
 (4) The term "consignee" means a consignee as defined in section 1483 of
 this title.
 (5) The term "Convention" means the Convention on the means of
 prohibiting and preventing the illicit import, export, and transfer of
 ownership of cultural property adopted by the General Conference of the
 United Nations Educational, Scientific, and Cultural Organization at its
 sixteenth session.
 (6) The term "cultural property" includes articles described in article
 1(a) through (k) of the Convention whether or not any such article is
 specifically designated as such by any State Party for the purposes of such
 article.

 (7) The term "designated archaeological or ethnological material" means
 any archaeological or ethnological material of the State Party which--
 (A) is--
 (i) covered by an agreement under this chapter that enters into force
 with respect to the United States, or
 (ii) subject to emergency action under section 2603 of this title,
 and

 (B) is listed by regulation under section 2604 of this title.

 (8) The term "Secretary" means the Secretary of the Treasury or his
 delegate.
 (9) The term "State Party" means any nation which has ratified, accepted,
 or acceded to the Convention.
 (10) The term "United States" includes the several States, the District
 of Columbia, and any territory or area the foreign relations for which the
 United States is responsible.
 (11) The term "United States citizen" means--
 (A) any individual who is a citizen or national of the United States;
 (B) any corporation, partnership, association, or other legal entity
 organized or existing under the laws of the United States or any State;
 or
 (C) any department, agency, or entity of the Federal Government or of
 any government of any State.

(Pub. L. 97-446, title III, Sec. 302, Jan. 12, 1983, 96 Stat. 2351.)

 References in Text

 Section 1483 of this title, referred to in par. (4), was repealed by Pub.
L. 97-446, title II, Sec. 201(c), Jan. 12, 1983, 96 Stat. 2349. Prior to
repeal, section 1483 read: "For the purposes of this subtitle--
 "(1) All merchandise imported into the United States shall be held to be
 the property of the person to whom the same is consigned; and the holder of
 a bill of lading or the holder of an air waybill duly indorsed by the
 consignee therein named, or, in the case of a bill of lading if consigned
 to order, by the consignor, shall be deemed the consignee thereof; except
 that this section shall not limit in any way the rights of the consignor,
 as prescribed by article 12 of the Warsaw Convention (49 Stat. 3017). The
 underwriters of abandoned merchandise and the salvors of merchandise saved
 from a wreck at sea or on or along a coast of the United States may be
 regarded as the consignees.
 "(2) A person making entry of merchandise under the provisions of
 subdivision (h) or (i) of section 1484 of this title (relating to entry on
 carrier's certificate and on duplicate bill of lading, respectively) shall
 be deemed the sole consignee thereof."

 Codification

 Section 2605 of this title, referred to in par. (3), read in original
"section 206" and was translated as section 2605 of this title, which is
section 306 of Pub. L. 97-446, as the probable intent of Congress.

 Effective Date

 Section 315 of title III of Pub. L. 97-446 provided that:
"(a) In General.--This title [enacting this chapter] shall take effect on
the ninetieth day after the date of the enactment of this Act [Jan. 12, 1983]
or on any date which the President shall prescribe and publish in the Federal
Register, if such date is--
 "(1) before such ninetieth day and after such date of enactment; and
 "(2) after the initial membership of the Committee is appointed.
"(b) Exception.--Notwithstanding subsection (a), the members of the
 Committee may be appointed in the manner provided for in section 306 [2605 of
 this title] at any time after the date of the enactment of this Act [Jan. 12,
 1983]."

 Short Title

 Section 301 of title III of Pub. L. 97-446 provided that: "This title
[enacting this chapter] may be cited as the 'Convention on Cultural Property
Implementation Act'."


Sec. 2602. Agreements to implement Article 9 of the convention

(a) Agreement authority

 (1) In general

 If the President determines, after request is made to the United States
 under article 9 of the Convention by any State Party--
 (A) that the cultural patrimony of the State Party is in jeopardy from
 the pillage of archaeological or ethnological materials of the State
 Party;
 (B) that the State Party has taken measures consistent with the
 Convention to protect its cultural patrimony;
 (C) that--
 (i) the application of the import restrictions set forth in section
 2606 of this title with respect to archaeological or ethnological
 material of the State Party, if applied in concert with similar
 restrictions implemented, or to be implemented within a reasonable
 period of time, by those nations (whether or not State Parties)
 individually having a significant import trade in such material, would
 be of substantial benefit in deterring a serious situation of pillage,
 and
 (ii) remedies less drastic than the application of the restrictions
 set forth in such section are not available; and

 (D) that the application of the import restrictions set forth in
 section 2606 of this title in the particular circumstances is consistent
 with the general interest of the international community in the
 interchange of cultural property among nations for scientific, cultural,
 and educational purposes;

 the President may, subject to the provisions of this chapter, take the
 actions described in paragraph (2).

 (2) Authority of President

 For purposes of paragraph (1), the President may enter into--
 (A) a bilateral agreement with the State Party to apply the import
 restrictions set forth in section 2606 of this title to the
 archaeological or ethnological material of the State Party the pillage of
 which is creating the jeopardy to the cultural patrimony of the State
 Party found to exist under paragraph (1)(A); or
 (B) a multilateral agreement with the State Party and with one or more
 other nations (whether or not a State Party) under which the United
 States will apply such restrictions, and the other nations will apply
 similar restrictions, with respect to such material.

 (3) Requests

 A request made to the United States under article 9 of the Convention by
 a State Party must be accompanied by a written statement of the facts known
 to the State Party that relate to those matters with respect to which
 determinations must be made under subparagraphs (A) through (D) of
 paragraph (1).

 (4) Implementation

 In implementing this subsection, the President should endeavor to obtain
 the commitment of the State Party concerned to permit the exhange /1/ of
 its archaeological and ethnological materials under circumstances in which
 such exchange does not jeopardize its cultural patrimony.

NOTE /1/ So in original. Should be "exchange".

(b) Effective period

 The President may not enter into any agreement under subsection (a) of this
section which has an effective period beyond the close of the five-year
period beginning on the date on which such agreement enters into force with
respect to the United States.

(c) Restrictions on entering into agreements

 (1) In general

 The President may not enter into a bilateral or multilateral agreement
 authorized by subsection (a) of this section unless the application of the
 import restrictions set forth in section 2606 of this title with respect to
 archaeological or ethnological material of the State Party making a request
 to the United States under article 9 of the Convention will be applied in
 concert with similar restrictions implemented, or to be implemented, by
 those nations (whether or not State Parties) individually having a
 significant import trade in such material.

 (2) Exception to restrictions

 Notwithstanding paragraph (1), the President may enter into an agreement
 if he determines that a nation individually having a significant import
 trade in such material is not implementing, or is not likely to implement,
 similar restrictions, but--
 (A) such restrictions are not essential to deter a serious situation of
 pillage, and
 (B) the application of the import restrictions set forth in section
 2606 of this title in concert with similar restrictions implemented, or
 to be implemented, by other nations (whether or not State Parties)
 individually having a significant import trade in such material would be
 of substantial benefit in deterring a serious situation of pillage.

(d) Suspension of import restrictions under agreements

 If, after an agreement enters into force with respect to the United States,
the President determines that a number of parties to the agreement (other
than parties described in subsection (c)(2) of this section) having
significant import trade in the archaeological and ethnological material
covered by the agreement--
 (1) have not implemented within a reasonable period of time import
 restrictions that are similar to those set forth in section 2606 of this
 title, or
 (2) are not implementing such restrictions satisfactorily with the result
 that no substantial benefit in deterring a serious situation of pillage in
 the State Party concerned is being obtained,

the President shall suspend the implementation of the import restrictions
under section 2606 of this title until such time as the nations take
appropriate corrective action.

(e) Extension of agreements

 The President may extend any agreement that enters into force with respect
to the United States for additional periods of not more than five years each
if the President determines that--
 (1) the factors referred to in subsection (a)(1) of this section which
 justified the entering into of the agreement still pertain, and
 (2) no cause for suspension under subsection (d) of this section exists.

(f) Procedures

 If any request described in subsection (a) of this section is made by a
State Party, or if the President proposes to extend any agreement under
subsection (e) of this section, the President shall--
 (1) publish notification of the request or proposal in the Federal
 Register;
 (2) submit to the Committee such information regarding the request or
 proposal (including, if applicable, information from the State Party with
 respect to the implementation of emergency action under section 2603 of
 this title) as is appropriate to enable the Committee to carry out its
 duties under section 2605(f) of this title; and
 (3) consider, in taking action on the request or proposal, the views and
 recommendations contained in any Committee report--
 (A) required under section 2605(f)(1) or (2) of this title, and
 (B) submitted to the President before the close of the one-hundred-and-
 fifty-day period beginning on the day on which the President submitted
 information on the request or proposal to the Committee under paragraph
 (2).

(g) Information on Presidential action

 (1) In general

 In any case in which the President--
 (A) enters into or extends an agreement pursuant to subsection (a) or
 (e) of this section, or
 (B) applies import restrictions under section 2603 of this title,

 the President shall, promptly after taking such action, submit a report to
 the Congress.

 (2) Report

 The report under paragraph (1) shall contain--
 (A) a description of such action (including the text of any agreement
 entered into),
 (B) the differences (if any) between such action and the views and
 recommendations contained in any Committee report which the President was
 required to consider, and
 (C) the reasons for any such difference.

 (3) Information relating to committee recommendations

 If any Committee report required to be considered by the President
 recommends that an agreement be entered into, but no such agreement is
 entered into, the President shall submit to the Congress a report which
 contains the reasons why such agreement was not entered into.

(Pub. L. 97-446, title III, Sec. 303, Jan. 12, 1983, 96 Stat. 2352.)

 Codification

 Section 2603 of this title, referred to in subsec. (g)(1)(B), read in the
original "section 204", and was translated as section 2602 of this title,
which is section 304 of Pub. L. 97-446, as the probable intent of Congress.

 Ex. Ord. No. 12555. Protection of Cultural Property

 Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, provided:
 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") [this chapter], 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) [19 U.S.C. 2602(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) [19 U.S.C. 2603(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) [19 U.S.C.
2605(f)(6), (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 consultation 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) [19 U.S.C. 2602(a)(2)]
relating to the negotiation and conclusion of bilateral or multilateral
agreements under the Act, subject to the restrictions of 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 the Congress.
 (e) The functions conferred by section 304(c)(4) [19 U.S.C. 2603(c)(4)] to
the extent that they involve the negotiation and conclusion 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) [19 U.S.C. 2602(d)] to the extent that they involve the
suspension of import restrictions.
 (b) Subject to subsection[s] (f) and (g) of Section 1 above, the functions
conferred by section 304 [19 U.S.C. 2603] to the extent that they involve the
application of import restrictions set forth in section 307 [19 U.S.C. 2606]
and the extension of such import restrictions pursuant to section 304(c)(3).
 Sec. 4. Enforcement in Territories and Other Areas. The Secretary of the
Interior is designated to carry out the enforcement functions in section 314
[19 U.S.C. 2613].

 Ronald Reagan.

Sec. 2603. Emergency implementation of import restrictions

(a) "Emergency condition" defined

 For purposes of this section, the term "emergency condition" means, with
respect to any archaeological or ethnological material of any State Party,
that such material is--
 (1) a newly discovered type of material which is of importance for the
 understanding of the history of mankind and is in jeopardy from pillage,
 dismantling, dispersal, or fragmentation;
 (2) identifiable as coming from any site recognized to be of high
 cultural significance if such site is in jeopardy from pillage,
 dismantling, dispersal, or fragmentation which is, or threatens to be, of
 crisis proportions; or
 (3) a part of the remains of a particular culture or civilization, the
 record of which is in jeopardy from pillage, dismantling, dispersal, or
 fragmentation which is, or threatens to be, of crisis proportions;

and application of the import restrictions set forth in section 2606 of this
title on a temporary basis would, in whole or in part, reduce the incentive
for such pillage, dismantling, dispersal or fragmentation.

(b) Presidential action

 Subject to subsection (c) of this section, if the President determines that
an emergency condition applies with respect to any archaeological or
ethnological material of any State Party, the President may apply the import
restrictions set forth in section 2606 of this title with respect to such
material.

(c) Limitations

 (1) The President may not implement this section with respect to the
archaeological or ethnological materials of any State Party unless the State
Party has made a request described in section 2602(a) of this title to the
United States and has supplied information which supports a determination
that an emergency condition exists.
 (2) In taking action under subsection (b) of this section with respect to
any State Party, the President shall consider the views and recommendations
contained in the Committee report required under section 2605(f)(3) of this
title if the report is submitted to the President before the close of the
ninety-day period beginning on the day on which the President submitted
information to the Committee under section 2602(f)(2) of this title on the
request of the State Party under section 2602(a) of this title.
 (3) No import restrictions set forth in section 2606 of this title may be
applied under this section to the archaeological or ethnological materials of
any State Party for more than five years after the date on which the request
of a State Party under section 2602(a) of this title is made to the United
States. This period may be extended by the President for three more years if
the President determines that the emergency condition continues to apply with
respect to the archaeological or ethnological material. However, before
taking such action, the President shall request and consider, if received
within ninety days, a report of the Committee setting forth its
recommendations, together with the reasons therefor, as to whether such
import restrictions shall be extended.
 (4) The import restrictions under this section may continue to apply in
whole or in part, if before their expiration under paragraph (3), there has
entered into force with respect to the archaeological or ethnological
materials an agreement under section 2602 of this title or an agreement with
a State Party to which the Senate has given its advice and consent to
ratification. Such import restrictions may continue to apply for the duration
of the agreement.

(Pub. L. 97-446, title III, Sec. 304, Jan. 12, 1983, 96 Stat. 2354.)

 Codification

 Section 2602 of this title, referred to in subsec. (c)(4), read in the
original "section 203", and was translated as section 2602 of this title,
which is section 303 of Pub. L. 97-446, as the probable intent of Congress.

 Delegation of Functions

 For delegation of certain functions of the President under this section,
see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under
section 2602 of this title.


Sec. 2604. Designation of materials covered by agreements or emergency
 actions

 After any agreement enters into force under section 2602 of this title, or
emergency action is taken under section 2603 of this title, the Secretary,
after consultation with the Director of the United States Information Agency,
shall by regulation promulgate (and when appropriate shall revise) a list of
the archaeological or ethnological material of the State Party covered by the
agreement or by such action. The Secretary may list such material by type or
other appropriate classification, but each listing made under this section
shall be sufficiently specific and precise to insure that (1) the import
restrictions under section 2606 of this title are applied only to the
archeological and ethnological material covered by the agreement or emergency
action; and (2) fair notice is given to importers and other persons as to
what material is subject to such restrictions.

(Pub. L. 97-446, title III, Sec. 305, Jan. 12, 1983, 96 Stat. 2355.)

Sec. 2605. Cultural Property Advisory Committee

(a) Establishment

There is established the Cultural Property Advisory Committee.

(b) Membership

(1) The Committee shall be composed of eleven members appointed by the
President as follows:
 (A) Two members representing the interests of museums.
 (B) Three members who shall be experts in the fields of archaeology,
 anthropology, ethnology, or related areas.
 (C) Three members who shall be experts in the international sale of
 archaeological, ethnological, and other cultural property.
 (D) Three members who shall represent the interest of the general public.

(2) Appointments made under paragraph (1) shall be made in such a manner so
as to insure--
 (A) fair representation of the various interests of the public sectors
 and the private sectors in the international exchange of archaeological and
 ethnological materials, and
 (B) that within such sectors, fair representation is accorded to the
 interests of regional and local institutions and museums.

(3)(A) Members of the Committee shall be appointed for terms of three
years and may be reappointed for one or more terms. With respect to the
initial appointments, the President shall select, on a representative basis
to the maximum extent practicable, four members to serve three-year terms,
four members to serve two-year terms, and the remaining members to serve a
one-year term. Thereafter each appointment shall be for a three-year term.
(B)(i) A vacancy in the Committee shall be filled in the same manner as
the original appointment was made and for the unexpired portion of the term,
if the vacancy occurred during a term of office. Any member of the Committee
may continue to serve as a member of the Committee after the expiration of
his term of office until reappointed or until his successor has been
appointed.
(ii) The President shall designate a Chairman of the Committee from the
members of the Committee.

(c) Expenses

The members of the Committee shall be reimbursed for actual expenses
incurred in the performance of duties for the Committee.

(d) Transaction of business

Six of the members of the Committee shall constitute a quorum. All
decisions of the Committee shall be by majority vote of the members present
and voting.

(e) Staff and administration

(1) The Director of the United States Information Agency shall make
available to the Committee such administrative and technical support services
and assistance as it may reasonably require to carry out its activities. Upon
the request of the Committee, the head of any other Federal agency may detail
to the Committee, on a reimbursable basis, any of the personnel of such
agency to assist the Committee in carrying out its functions, and provide
such information and assistance as the Committee may reasonably require to
carry out its activities.
(2) The Committee shall meet at the call of the Director of the United
States Information Agency, or when a majority of its members request a
meeting in writing.

(f) Reports by Committee

(1) The Commitee /2/ shall, with respect to each request of a State Party
referred to in section 2602(a) of this title, undertake an investigation and
review with respect to matters referred to in section 2602(a)(1) of this
title as they relate to the State Party or the request and shall prepare a
report setting forth--

NOTE /2/ So in original. Should be "Committee".

 (A) the results of such investigation and review;
 (B) its findings as to the nations individually having a significant
 import trade in the relevant material; and
 (C) its recommendation, together with the reasons therefor, as to whether
 an agreement should be entered into under section 2602(a) of this title
 with respect to the State Party.

(2) The Committee shall, with respect to each agreement proposed to be
extended by the President under section 2602(e) of this title, prepare a
report setting forth its recommendations together with the reasons therefor,
as to whether or not the agreement should be extended.
(3) The Committee shall in each case in which the Committee finds that an
emergency condition under section 2603 of this title exists prepare a report
setting forth its recommendations, together with the reasons therefor, as to
whether emergency action under  section 2603 of this title should be
implemented. If any State Party indicates in its request under section
2602(a) of this title that an emergency condition exists and the Committee
finds that such a condition does not exist, the Committee shall prepare a
report setting forth the reasons for such finding.
(4) Any report prepared by the Committee which recommends the entering into
or the extension of any agreement under section 2602 of this title or the
implementation of emergency action under section 2603 of this title shall set
forth--
 (A) such terms and conditions which it considers necessary and
 appropriate to include within such agreement, or apply with respect to such
 implementation, for purposes of carrying out the intent of the Convention;
 and
 (B) such archaeological or ethnological material of the State Party,
 specified by type or such other classification as the Committee deems
 appropriate, which should be covered by such agreement or action.

(5) If any member of the Committee disagrees with respect to any matter in
any report prepared under this subsection, such member may prepare a
statement setting forth the reasons for such disagreement and such statement
shall be appended to, and considered a part of, the report.
(6) The Committee shall submit to the Congress and the President a copy of
each report prepared by it under this subsection.

(g) Committee review

(1) In general

 The Committee shall undertake a continuing review of the effectiveness of
 agreements under section 2602 of this title that have entered into force
 with respect to the United States, and of emergency action implemented
 under section 2603 of this title.

 (2) Action by Committee

 If the Committee finds, as a result of such review, that--
 (A) cause exists for suspending, under section 2602(d) of this title,
 the import restrictions imposed under an agreement;
 (B) any agreement or emergency action is not achieving the purposes for
 which entered into or implemented; or
 (C) changes are required to this chapter in order to implement fully
 the obligations of the United States under the Convention;

 the Committee may submit a report to the Congress and the President setting
 forth its recommendations for suspending such import restrictions or for
 improving the effectiveness of any such agreement or emergency action or
 this chapter.

(h) Federal Advisory Committee Act

The provisions of the Federal Advisory Committee Act (Public Law 92-463; 5
U.S.C. Appendix) shall apply to the Committee except that the requirements of
subsections (a) and (b) of section 10 and section 11 of such Act (relating to
open meetings, public notice, public participation, and public availability
of documents) shall not apply to the Committee, whenever and to the extent it
is determined by the President or his designee that the disclosure of matters
involved in the Committee's proceedings would compromise the Government's
negotiating objectives or bargaining positions on the negotiations of any
agreement authorized by this chapter.

(i) Confidential information

 (1) In general

 Any information (including trade secrets and commercial or financial
 information which is privileged or confidential) submitted in confidence by
 the private sector to officers or employees of the United States or to the
 Committee in connection with the responsibilities of the Committee shall
 not be disclosed to any person other than to--
 (A) officers and employees of the United States designated by the
 Director of the United States Information Agency;
 (B) members of the Committee on Ways and Means of the House of
 Representatives and the Committee on Finance of the Senate who are
 designated by the chairman of either such Committee and members of the
 staff of either such Committee designated by the chairman for use in
 connection with negotiation of agreements or other activities authorized
 by this chapter; and
 (C) the Committee established under this chapter.

 (2) Governmental information

 Information submitted in confidence by officers or employees of the
 United States to the Committee shall not be disclosed other than in
 accordance with rules issued by the Director of the United States
 Information Agency, after consultation with the Committee. Such rules shall
 define the categories of information which require restricted or
 confidential handling by such Committee considering the extent to which
 public disclosure of such information can reasonably be expected to
 prejudice the interests of the United States. Such rules shall, to the
 maximum extent feasible, permit meaningful consultations by Committee
 members with persons affected by proposed agreements authorized by this
 chapter.

(j) No authority to negotiate

Nothing contained in this section shall be construed to authorize or to
permit any individual (not otherwise authorized or permitted) to participate
directly in any negotiation of any agreement authorized by this chapter.

(Pub. L. 97-446, title III, Sec. 306, Jan. 12, 1983, 96 Stat. 2356; Pub. L.
100-204, title III, Sec. 307(a), (b), Dec. 22, 1987, 101 Stat. 1380.)

 References in Text

The Federal Advisory Committee Act, referred to in subsec. (h), is Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the
Appendix to Title 5, Government Organization and Employees.

 Amendments

1987--Subsec. (b)(3)(A). Pub. L. 100-204, Sec. 307(a), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: "Members of the
Committee shall be appointed for terms of two years and may be reappointed
for 1 or more terms."
Subsec. (b)(3)(B). Pub. L. 100-204, Sec. 307(b), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: "A vacancy in
the Commission shall be filled in the same manner in which the original
appointment was made."

 Effective Date of 1987 Amendment

Section 307(c) of Pub. L. 100-204 provided that: "The amendment made by
subsection (a) [amending this section] shall apply to members of the
Cultural Property Advisory Committee first appointed after the date of
enactment of this Act [Dec. 22, 1987]."

 Delegation of Functions

For delegation of certain functions of the President under this section,
see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under
section 2602 of this title.


Sec. 2606. Import restrictions

(a) Documentation of lawful exportation

 No designated archaeological or ethnological material that is exported
(whether or not such exportation is to the United States) from the State
Party after the designation of such material under section 2604 of this title
may be imported into the United States unless the State Party issues a
certification or other documentation which certifies that such exportation
was not in violation of the laws of the State Party.

(b) Customs action in absence of documentation

 If the consignee of any designated archaeological or ethnological material
is unable to present to the customs officer concerned at the time of making
entry of such material--
 (1) the certificate or other documentation of the State Party required
 under subsection (a) of this section; or
 (2) satisfactory evidence that such material was exported from the State
 Party--
 (A) not less than ten years before the date of such entry and that
 neither the person for whose account the material is imported (or any
 related person) contracted for or acquired an interest, directly or
 indirectly, in such material more than one year before that date of
 entry, or
 (B) on or before the date on which such material was designated under
 section 2604 of this title,

the customs officer concerned shall refuse to release the material from
customs custody and send it to a bonded warehouse or store to be held at the
risk and expense of the consignee, notwithstanding any other provision of
law, until such documentation or evidence is filed with such officer. If such
documentation or evidence is not presented within ninety days after the date
on which such material is refused release from customs custody, or such
longer period as may be allowed by the Secretary for good cause shown, the
material shall be subject to seizure and forfeiture. The presentation of such
documentation or evidence shall not bar subsequent action under section 2609
of this title.

(c) Definition of satisfactory evidence

 The term "satisfactory evidence" means--
 (1) for purposes of subsection (b)(2)(A) of this section--
 (A) one or more declarations under oath by the importer, or the person
 for whose account the material is imported, stating that, to the best of
 his knowledge--
 (i) the material was exported from the State Party not less than ten
 years before the date of entry into the United States, and
 (ii) neither such importer or person (or any related person)
 contracted for or acquired an interest, directly or indirectly, in such
 material more than one year before the date of entry of the material;
 and

 (B) a statement provided by the consignor, or person who sold the
 material to the importer, which states the date, or, if not known, his
 belief, that the material was exported from the State Party not less than
 ten years before the date of entry into the United States, and the
 reasons on which the statement is based; and

 (2) for purposes of subsection (b)(2)(B) of this section--
 (A) one or more declarations under oath by the importer or the person
 for whose account the material is to be imported, stating that, to the
 best of his knowledge, the material was exported from the State Party on
 or before the date such material was designated under section 2604 of
 this title, and
 (B) a statement by the consignor or person who sold the material to the
 importer which states the date, or if not known, his belief, that the
 material was exported from the State Party on or before the date such
 material was designated under section 2604 of this title, and the reasons
 on which the statement is based.

(d) Related persons

 For purposes of subsections (b) and (c) of this section, a person shall be
treated as a related person to an importer, or to a person for whose account
material is imported, if such person--
 (1) is a member of the same family as the importer or person of account,
 including, but not limited to, membership as a brother or sister (whether
 by whole or half blood), spouse, ancestor, or lineal descendant;
 (2) is a partner or associate with the importer or person of account in
 any partnership, association, or other venture; or
 (3) is a corporation or other legal entity in which the importer or
 person of account directly or indirectly owns, controls, or holds power to
 vote 20 percent or more of the outstanding voting stock or shares in the
 entity.

(Pub. L. 97-446, title III, Sec. 307, Jan. 12, 1983, 96 Stat. 2358.)

 Delegation of Functions

 For delegation of certain functions of the President under this section,
see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under
section 2602 of this title.


Sec. 2607. Stolen cultural property

 No article of cultural property documented as appertaining to the inventory
of a museum or religious or secular public monument or similar institution in
any State Party which is stolen from such institution after the effective
date of this chapter, or after the date of entry into force of the Convention
for the State Party, whichever date is later, may be imported into the United
States.

(Pub. L. 97-446, title III, Sec. 308, Jan. 12, 1983, 96 Stat. 2360.)

 References in Text

 For the effective date of this chapter, referred to in text, see section
315 of Pub. L. 97-446, set out as an Effective Date note under section 2601
of this title.


Sec. 2608. Temporary disposition of materials and articles subject to this
 chapter

 Pending a final determination as to whether any archaeological or
ethnological material, or any article of cultural property, has been imported
into the United States in violation of section 2606 of this title or section
2607 of this title, the Secretary shall, upon application by any museum or
other cultural or scientific institution in the United States which is open
to the public, permit such material or article to be retained at such
institution if he finds that--
 (1) sufficient safeguards will be taken by the institution for the
 protection of such material or article; and
 (2) sufficient bond is posted by the institution to ensure its return to
 the Secretary.

(Pub. L. 97-446, title III, Sec. 309, Jan. 12, 1983, 96 Stat. 2360.)


Sec. 2609. Seizure and forfeiture

(a) In general

 Any designated archaeological or ethnological material or article of
cultural property, as the case may be, which is imported into the United
States in violation of section 2606 of this title or section 2607 of this
title shall be subject to seizure and forfeiture. All provisions of law
relating to seizure, forfeiture, and condemnation for violation of the
customs laws shall apply to seizures and forfeitures incurred, or alleged to
have been incurred, under this chapter, insofar as such provisions of law are
applicable to, and not inconsistent with, the provisions of this chapter.

(b) Archaeological and ethnological material

 Any designated archaeological or ethnological material which is imported
into the United States in violation of section 2606 of this title and which
is forfeited to the United States under this chapter shall--
 (1) first be offered for return to the State Party;
 (2) if not returned to the State Party, be returned to a claimant with
 respect to whom the material was forfeited if that claimant establishes--
 (A) valid title to the material,
 (B) that the claimant is a bona fide purchaser for value of the
 material; or

 (3) if not returned to the State Party under paragraph (1) or to a
 claimant under paragraph (2), be disposed of in the manner prescribed by
 law for articles forfeited for violation of the customs laws.

No return of material may be made under paragraph (1) or (2) unless the State
Party or claimant, as the case may be, bears the expenses incurred incident
to the return and delivery, and complies with such other requirements
relating to the return as the Secretary shall prescribe.

(c) Articles of cultural property

 (1) In any action for forfeiture under this section regarding an article of
cultural property imported into the United States in violation of section
2607 of this title, if the claimant establishes valid title to the article,
under applicable law, as against the institution from which the article was
stolen, forfeiture shall not be decreed unless the State Party to which the
article is to be returned pays the claimant just compensation for the
article. In any action for forfeiture under this section where the claimant
does not establish such title but establishes that it purchased the article
for value without knowledge or reason to believe it was stolen, forfeiture
shall not be decreed unless--
 (A) the State Party to which the article is to be returned pays the
 claimant an amount equal to the amount which the claimant paid for the
 article, or
 (B) the United States establishes that such State Party, as a matter of
 law or reciprocity, would in similar circumstances recover and return an
 article stolen from an institution in the United States without requiring
 the payment of compensation.

 (2) Any article of cultural property which is imported into the United
States in violation of section 2607 of this title and which is forfeited to
the United States under this chapter shall--
 (A) first be offered for return to the State Party in whose territory is
 situated the institution referred to in section 2607 of this title and
 shall be returned if that State Party bears the expenses incident to such
 return and delivery and complies with such other requirements relating to
 the return as the Secretary prescribes; or
 (B) if not returned to such State Party, be disposed of in the manner
 prescribed by law for articles forfeited for violation of the customs laws.

(Pub. L. 97-446, title III, Sec. 310, Jan. 12, 1983, 96 Stat. 2360.)

 References in Text

 The customs laws, referred to in subsecs. (a), (b)(3), and (c)(2)(B), are
classified generally to this title.

 Codification

 Section 2607 of this title, referred to in subsec. (c)(1), read in the
original "section 208", and was translated as section 2607 of this title,
which is section 308 of Pub. L. 97-446, as the probable intent of Congress.


Sec. 2610. Evidentiary requirements

 Notwithstanding the provisions of section 1615 of this title, in any
forfeiture proceeding brought under this chapter in which the material or
article, as the case may be, is claimed by any person, the United States
shall establish--
 (1) in the case of any material subject to the provisions of section 2606
 of this title, that the material has been listed by the Secretary in
 accordance with section 2604 of this title; and
 (2) in the case of any article subject to section 2607 of this title,
 that the article--
 (A) is documented as appertaining to the inventory of a museum or
 religious or secular public monument or similar institution in a State
 Party, and
 (B) was stolen from such institution after the effective date of this
 chapter, or after the date of entry into force of the Convention for the
 State Party concerned, whichever date is later.

(Pub. L. 97-446, title III, Sec. 311, Jan. 12, 1983, 96 Stat. 2361.)

 References in Text

 For the effective date of this chapter, referred to in par. (2)(B), see
section 315 of Pub. L. 97-446, set out as an Effective Date note under
section 2601 of this title.


Sec. 2611. Certain material and articles exempt from this chapter

 The provisions of this chapter shall not apply to--
 (1) any archaeological or ethnological material or any article of
 cultural property which is imported into the United States for temporary
 exhibition or display if such material or article is immune from seizure
 under judicial process pursuant to section 2459 of title 22; or
 (2) any designated archaeological or ethnological material or any article
 of cultural property imported into the United States if such material or
 article--
 (A) has been held in the United States for a period of not less than
 three consecutive years by a recognized museum or religious or secular
 monument or similar institution, and was purchased by that institution
 for value, in good faith, and without notice that such material or
 article was imported in violation of this chapter, but only if--
 (i) the acquisition of such material or article has been reported in
 a publication of such institution, any regularly published newspaper or
 periodical with a circulation of at least fifty thousand, or a
 periodical or exhibition catalog which is concerned with the type of
 article or materials sought to be exempted from this chapter,
 (ii) such material or article has been exhibited to the public for a
 period or periods aggregating at least one year during such three-year
 period, or
 (iii) such article or material has been cataloged and the catalog
 material made available upon request to the public for at least two
 years during such three-year period;

 (B) if subparagraph (A) does not apply, has been within the United
 States for a period of not less than ten consecutive years and has been
 exhibited for not less than five years during such period in a recognized
 museum or religious or secular monument or similar institution in the
 Unites /3/ States open to the public; or

NOTE /3/ So in original. Should be "United".

 (C) if subparagraphs (A) and (B) do not apply, has been within the
 United States for a period of not less than ten consecutive years and the
 State Party concerned has received or should have received during such
 period fair notice (through such adequate and accessible publication, or
 other means, as the Secretary shall by regulation prescribe) of its
 location within the United States; and
 (D) if none of the preceding subparagraphs apply, has been within the
 United States for a period of not less than twenty consecutive years and
 the claimant establishes that it purchased the material or article for
 value without knowledge or reason to believe that it was imported in
 violation of law.

 (Pub. L. 97-446, title III, Sec. 312, Jan. 12, 1983, 96 Stat. 2362.)


Sec. 2612. Regulations

 The Secretary shall prescribe such rules and regulations as are necessary
and appropriate to carry out the provisions of this chapter.

(Pub. L. 97-446, title III, Sec. 313, Jan. 12, 1983, 96 Stat. 2363.)


Sec. 2613. Enforcement

 In the customs territory of the United States, and in the Virgin Islands,
the provisions of this chapter shall be enforced by appropriate customs
officers. In any other territory or area within the United States, but not
within such customs territory or the Virgin Islands, such provisions shall be
enforced by such persons as may be designated by the President.

(Pub. L. 97-446, title III, Sec. 314, Jan. 12, 1983, 96 Stat. 2363.)

 Delegation of Functions

 For delegation of certain functions of the President under this section,
see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under
section 2602 of this title.  
 

  


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