List of stone carvings and wall art; promulgation and revision; criteria
Title II-Regulation of Importation
Monumental or Architectural Sculpture or Murals
202. Export certification requirement.
203. Forfeiture of unlawful imports.
204. Rules and regulations.
Public Law 92-587
AN ACT To provide for the free entry
of a carillon for the use of the University of California at
Santa Barbara, and for other purposes.
Be it enacted by the Senate and
House of Representatives of the United States of America
in Congress assembled,...
...[THE FIRST PART OF THE ACT PERTAINS
TO THE IMPORT OF A CARILLON BY
THE UNIVERSITY OF CALIFORNIA; SEE
19 USC 2900]...
TITLE II--REGULATION OF IMPORTATION OF PRE-
COLUMBIAN MONUMENTAL OR ARCHITECTURAL
SCULPTURE OR MURALS
Sec. 201. The Secretary, after consultation List, promulgation.
with the Secretary of State by regulation shall
promulgate, and thereafter when appropriate shall
revise a list of stone carvings and wall art
which are pre-Columbian monumental or
architectural sculpture or murals within the
meaning of paragraph (3) of section 205. Such
stone carvings and wall art may be listed by type
or other classification deemed appropriate by the
Sec. 202. (a) No pre-Columbian monumental or Certificate from
architectural sculpture or mural which is export- country of origin.
ed (whether or not such exportation is to the
United States) from the country of origin after
the effective date of the regulation listing such
sculpture or mural pursuant to section 202 may be
imported into the United States unless the
government of the country of origin of such
sculpture or mural issues a certificate, in the
form acceptable to the Secretary, which
certifies that such exportation was not in
violation of the laws of that country
(b) If the consignee of any pre-Columbian
monumental or architectural sculpture or mural is
unable to present to the customs officer
concerned at the time of making entry of such
sculpture or mural--
(1) the certificate of the government of
the country of origin required under
subsection (a) of this section;
(2) satisfactory evidence that such
sculpture or mural was exported from the
country of origin on or before the effective
date of the regulation listing such
sculpture or mural pursuant to sections 202;
(3) satisfactory evidence that such
sculpture or mural is not covered by the
list promulgated under section 202;
the customs officer concerned shall take the
sculpture or mural into customs custody and send
it to a bonded warehouse or public store to be
held at the risk and expense of the consignee
until such certificate or evidence is filed with
such officer. If such certificate or evidence is
not presented within the 90-day period after the
date on which u\such sculpture or mural is taken
into customs custody, or such longer period as
may be allowed by the Secretary for good cause
show, the importation of such sculpture or mural
into the United States is in violation of this
Sec. 203. (a) Any pre-Columbian monumental or Forfeiture.
architectural sculpture or mural imported into
the United States in violation of this title
shall be seized and subject to forfeiture under
the customs laws.
(b) Any pre-Columbian monumental or
architectural sculpture or mural which is
forfeited to the United States shall--
(1) first be offered from return to the
country of origin and shall be returned if
that country bears all expenses incurred
incident tot such return and complies with
such other requirements relating to the
return as the Secretary shall prescribe;or
(2) if not returned to the country of
origin, be disposed of in the manner
prescribed by law for articles forfeited for
violation of the customs laws.
Sec. 204. The Secretary shall prescribe such Rules and
rules and regulations as are necessary and appro- regulations.
priate to carry out the provisions of this title.
Sec. 205. For the purpose of this title-- Definitions.
(1) The term "Secretary" means the
Secretary of the Treasure.
(2) The term "United States" includes the
several States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(3) The term "pre-Columbian monumental or
architectural sculpture or mural" means--
(A) any stone carving or wall art
(i) is the product of a pre-
Columbian Indian culture of Mexico,
Central America, South America, or
the Caribbean Islands;
(ii) was an immobile monument or
architectural structure or was a
part of, or affixed to, any such
monument or structure; and
(iii) is subject to export control
by the country of origin; or
(B) any fragment or part of any stone
carving or wall art described in
subparagraph (a) of this paragraph.
(4) The term "country of origin." as
applied to any pre-Columbian monumental or
architectural sculpture or mural, means the
country where such sculpture or mural was
Approved October 27, 1972.
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Revised: August 31, 1998