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Convention on Cultural Property Implementation Act

Sec. 301. Short Title | Sec. 302.Definitions | Sec. 303. Agreements to Implement Article 9 of the Convention | Sec. 304. Emergency Implementation of Import Restrictions | Sec. 305. Designation of Materials Covered by Agreements or Emergency Actions | Sec. 306. Cultural Property Advisory Committee | Sec. 307. Import Restrictions | Sec. 308. Stolen Cultural Property | Sec. 309. Temporary Disposition of Materials and Articles Subject to Title | Sec. 310. Seizure and Forfeiture | Sec. 311. Evidentiary Requirements | Sec. 312. Certain Material and Articles Exempt from Title | Sec. 313. Regulations | Sec. 314. Enforcement | Sec. 315. Effective Date | (See also US CODE, 19USC2600.) 

Partial text of Public Law 97-446 [H.R. 4566], 96 Stat. 2329, approved January 12,       1983; as amended by Public Law 100-204 [H.R. 1777], 101 Stat. 1331, approved       December 22, 1987 AN ACT  To reduce certain duties, to suspend temporarily certain duties, to extend                  certain existing suspensions of duties, and for other purposes.    Be it enacted by the Senate and House of Representatives of the United States  of America in Congress assembled,                *                *               *                 *                  *                    *               TITLE III - IMPLEMENTATION OF CONVENTION ON                                      CULTURAL PROPERTY    SEC. 301.    SHORT TITLE.       This title may be cited as the "Convention on Cultural Property Implementa- tion Act".1 SEC. 302.   DEFINITIONS.       For purposes of this title-            (1) The term "agreement" includes any amendment to, or extension of, any             agreement under this title 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 excava-                       tion, 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 206.2            (4) The term "consignee" means a consignee as defined in section 483 of            the Tariff Act of 1930 (19 U.S.C. 1483).            (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 title that enters into                       force with respect to the United States, or                       (ii) subject to emergency action under section 304, and                  (B) is listed by regulation under section 305.            (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. SEC.303.3    AGREEMENTS TO IMPLEMENT ARTICLE 9 OF THE CONVENTION.       (a) AGREEMENT AUTHORITY. -            (1) 4IN 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 307 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 307 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)5 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 307 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)5 IMPLEMENTATION.-In implementing this subsection, the President            should endeavor to obtain the commitment of the State Party concerned to            permit the exchange of  its archaeological and ethnological materials            under circumstances in which such exchange does not jeopardize its            cultural patrimony.       (b) EFFECTIVE PERIOD.-The President may not enter into any agreement under       subsection (a) 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) unless the            application of the import restrictions set forth in section 307 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                  307 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)6 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)  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 307, 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 307 until such time as the nations take appropriate       corrective action.       (e)7 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) exists.       (f)8 PROCEDURES.-If any request described in subsection (a) 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            304) as is appropriate to enable the Committee to carry out its duties            under section 306(f); and            (3) consider, in taking action on the request or proposal, the views and            recommendations contained in any Committee report-                  (A) required under section 306(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)9 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), or                  (B)10 applies import restrictions under section 304, 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.    SEC. 304.11    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 307 on a            temporary basis would, in whole or in part, reduce the incentive for            such pillage, dismantling, dispersal or fragmentation.          (b)12 PRESIDENTIAL ACTION.-Subject to subsection (c), 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 307 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 303(a) 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            306(f)(3) 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 303(f)(2) on the            request of the State Party under section 303(a).            (3)13 No import restrictions set forth in section 307 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 303(a) 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)14 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 20315 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. SEC. 305.16    DESIGNATION OF MATERIALS COVERED BY AGREEMENTS                       OR EMERGENCY  ACTIONS.       After any agreement enters into force under section 303, or emergency action is taken under section 304, 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 307 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. SEC 306.17    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)18 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)19 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 informationand 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 Committee shall, with respect to each request of a State Party            referred to in section 303(a), undertake an investigation and review            with respect to matters referred to in section 303(a)(1) as they relate            to the State Party or the request and shall prepare a report setting            forth-                  (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 303(a) with                  respect to the State Party.            (2) The Committee shall, with respect to each agreement proposed to be            extended by the President under section 303(e), 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 304 exists prepare a report setting            forth its recommendations, together with the reasons therefor, as to            whether emergency action under section 304 should be implemented. If any            State Party indicates in its request under section 303(a) 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 303 or the            implementation of emergency action under section 304 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)20 The Committee shall submit to the Congress and the President a            copy of each report prepared by it under this subsection.       (g)21 COMMITTEE REVIEW.-            (1) IN GENERAL.-The Committee shall undertake a continuing review of the            effectiveness of agreements under section 303 that have entered into            force with respect to the United States, and of emergency action            implemented under section 304.            (2) ACTION BY COMMITTEE.-If the Committee finds, as a result of such            review, that-                  (A) cause exists for suspending, under section 303(d), 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 title 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 title.       (h)22 FEDERAL ADVISORY COMMITTEE ACT.-The provisions of the Federal       Advisory Committee Act (Public Law 92-463; 5 U.S.C. Appendix I) 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 title.       (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 title; and                  (C) the Committee established under this title.            (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 consid-            ering 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 title.       (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 title. SEC. 307.23    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 305 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); 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 305.       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 310.       (c) DEFINITION OF SATISFACTORY EVIDENCE.-The term "satisfactory evidence"       means-            (1) for purposes of subsection (b)(2)(A)-                  (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)-                  (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 305, 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 305, 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. SEC. 308.24    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 title, 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. SEC. 309.25    TEMPORARY DISPOSITION OF MATERIALS AND ARTICLES                       SUBJECT TO TITLE.       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 307 section 308, 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. SEC. 310.26    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 307 or section 308 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 title, insofar as such provisions of law are       applicable to, and not inconsistent with, the provisions of this title.          (b) ARCHAEOLOGICAL AND ETHNOLOGICAL MATERIAL.-Any designated       archaeological and ethnological material which is imported into the United States       in violation of section 307 and which is forfeited to the United States under       this title 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 308, 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 308 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 308 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.    SEC. 311.27    EVIDENTIARY REQUIREMENTS.       Notwithstanding the provisions of section 615 of the Tariff Act of 1930( 19 U.S.C. 1615), in any forfeiture proceeding brought under this title 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            307, that the material has been listed by the Secretary in accordance            with section 305; and            (2) in the case of any article subject to section 308 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                  title, or after the date of entry into force of the Convention for                  the State Party concerned, whichever date is later. SEC. 312.28    CERTAIN MATERIAL AND ARTICLES EXEMPT FROM TITLE.       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 the Act entitled "An Act to render            immune from seizure under judicial process certain objects of cultural            significance imported into the United States for temporary display or            exhibition, and for other purposes," approved October 19, 1965 (22            U.S.C. 2459); 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 title,                       (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 United States open to the public; or                  (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. SEC. 313.29    REGULATIONS.       The Secretary shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisions of this title.  SEC. 314.30   ENFORCEMENT.       In the customs territory of the United States, and in the Virgin Islands, the provisions of this title 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. SEC. 315.      EFFECTIVE DATE.       (a) IN GENERAL.-This title shall take effect on the ninetieth day after the       date of the enactment of this Act 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 at any time       after the date of the enactment of this Act. ________        1 19 U.S.C. 2601.     2 This reference to sec. 206 should probably be a reference to sec. 306.      3 19 U.S.C. 2602     4 The functions conferred upon the President by sec. 303(a)(1) concerning determinations to be made prior to initiation of negotiations of bilateral or multilateral agreements were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.      5  The functions conferred upon the President by secs. 303(a)(2) and 303(a)(4) were 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, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.      6  The functions conferred upon the President by sec. 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 were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475. The Order required, however, that the Secretary of State  remain responsible for interpretation of the agreement. To the extent they involve suspension of import restrictions, functions were delegated to the Secretary of the Treasury.      7  The functions conferred upon the President by sec. 303(e) relating to the determinations to be made prior to the initiation of negotiations for the extension of any agreement were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475. Functions relating only to negotiation and  conclusion of extensions of agreements under this Act were 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.      8  The functions conferred upon the President by this sec. 303(f) relating to the actions to be taken upon receipt of a request made by a State Party were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.      9  Except with respect to subsec. 303(g)(1)(B), the functions conferred upon the President by sec. 303(g) were delegated to the Secretary of State, acting in consultation with and the participation of the Director of the United States Information Agency and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.      10  The functions conferred upon the President by sec. 303(1)(b) relating to the notification of Presidential action and furnishing of reports to Congress were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.      11  19 U.S.C. 2603.  The functions conferred upon the President by this  section to the extent that they involve the application of import restrictions set forth in sec. 307 and the extension of such import restrictions pursuant to sec. 304(c)(3) were delegated to the Secretary of the Treasury, acting in consultation with the Director of the United States Information Agency and the Secretary of State, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.      12  The functions conferred upon the President by sec. 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 secs. 304(c)(1), 304(c)(2), and 304(c)(3), were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.      13  The functions conferred upon the President by sec. 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 were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.       14  The functions conferred upon the President by sec. 303(c)(4) to the extent that they involve the negotiation and conclusion of agreements subject to the advice and consent to ratification by the Senate were 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 by Executive Order 12555 of March 10, 1986, 51 F.R. 8475      15  This reference to sec. 203 probably should have been a reference to sec. 303.      16  19 U.S.C. 2604      17  19 U.S.C. 2605      18  Subsec. (3)(A) was amended and restated by sec. 307(a) of the Foreign Relations Authorization Act.  Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1380). Sec. 307(c) of the same act makes subsec. (3)(A) apply to those members of the Cultural Property Advisory Committee first appointed after enact- ment of Public Law 100-204.      19  Subsec. (3)(B) was amended and restated by sec. 307(b) of the Foreign Rela- tions Authorization Act, Fiscal Years 1988 (Public Law 100-204; 101 Stat. 1380).     20  The functions conferred upon the President by sec. 306(f)(6) were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.       21  The functions conferred upon the President by this subsec. relating to the receipt of reports were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.     22  The functions conferred upon the President by this section relating to the determinations to be made about the disclosure of matters involved in the Commit- tee's proceedings were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 of March 10, 1986, 51 F.R. 8475.      23  19 U.S.C. 2606      24  19 U.S.C. 2607      25  19 U.S.C. 2608      26  19 U.S.C. 2609      27  19 U.S.C. 2610      28  19 U.S.C. 2611      29  19 U.S.C. 2612      30  19 U.S.C. 2613
  
 

  


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