US (United States) Code. Title 19. Chapter 14: Convention on cultural property

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Customs duties

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19 USC CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

.

-HEAD-

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-MISC1-

Sec.

2601. Definitions.

2602. Agreements to implement Article 9 of the convention.

(a) Agreement authority.

(b) Effective period.

(c) Restrictions on entering into agreements.

(d) Suspension of import restrictions under

agreements.

(e) Extension of agreements.

(f) Procedures.

(g) Information on Presidential action.

2603. Emergency implementation of import restrictions.

(a) ''Emergency condition'' defined.

(b) Presidential action.

(c) Limitations.

2604. Designation of materials covered by agreements or emergency

actions.

2605. Cultural Property Advisory Committee.

(a) Establishment.

(b) Membership.

(c) Expenses.

(d) Transaction of business.

(e) Staff and administration.

(f) Reports by Committee.

(g) Committee review.

(h) Federal Advisory Committee Act.

(i) Confidential information.

(j) No authority to negotiate.

2606. Import restrictions.

(a) Documentation of lawful exportation.

(b) Customs action in absence of documentation.

(c) ''Satisfactory evidence'' defined.

(d) Related persons.

2607. Stolen cultural property.

2608. Temporary disposition of materials and articles subject to

this chapter.

2609. Seizure and forfeiture.

(a) In general.

(b) Archaeological and ethnological material.

(c) Articles of cultural property.

2610. Evidentiary requirements.

2611. Certain material and articles exempt from this chapter.

2612. Regulations.

2613. Enforcement.

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19 USC Sec. 2601 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2601. Definitions

-STATUTE-

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 (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(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.

-SOURCE-

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

2351.)

-REFTEXT-

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.''

-COD-

CODIFICATION

Section 2605 of this title, referred to in par. (3), was 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.

-MISC3-

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'.''

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19 USC Sec. 2602 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

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

-STATUTE-

(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 (FOOTNOTE 1) of its archaeological and ethnological

materials under circumstances in which such exchange does not

jeopardize its cultural patrimony.

(FOOTNOTE 1) So in original. Probably 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.

-SOURCE-

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

2352.)

-COD-

CODIFICATION

Section 2603 of this title, referred to in subsec. (g)(1)(B), was

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.

-EXEC-

EX. ORD. NO. 12555. PROTECTION OF CULTURAL PROPERTY

Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, as amended by

Ex. Ord. No. 13286, Sec. 44, Feb. 28, 2003, 68 F.R. 10627,

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 Homeland Security:

(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 Homeland Security:

(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 Department of Homeland

Security). The following functions conferred upon the President by

the Act are hereby delegated to the Secretary of Homeland Security,

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).

(For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2603, 2604, 2605 of this

title.

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19 USC Sec. 2603 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2603. Emergency implementation of import restrictions

-STATUTE-

(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.

-SOURCE-

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

2354.)

-COD-

CODIFICATION

Section 2602 of this title, referred to in subsec. (c)(4), was 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.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of certain functions of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2601, 2602, 2604, 2605 of

this title.

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19 USC Sec. 2604 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2604. Designation of materials covered by agreements or

emergency actions

-STATUTE-

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, in consultation with the Secretary of State,

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.

-SOURCE-

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

Pub. L. 105-277, div. G, subdiv. A, title XIII, Sec. 1335(d),

Oct. 21, 1998, 112 Stat. 2681-788; Pub. L. 106-113, div. B, Sec.

1007(a)(7) (div. A, title VIII, Sec. 802(d)), Nov. 29, 1999, 113

Stat. 1536, 1501A-468.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-113 substituted ''Secretary, in consultation

with the Secretary of State, shall'' for ''Secretary shall'' in

first sentence.

1998 - Pub. L. 105-277 struck out '', after consultation with the

Director of the United States Information Agency,'' after ''title,

the Secretary'' in first sentence.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as a note under section 6531 of

Title 22.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2601, 2606, 2610 of this

title.

-CITE-

19 USC Sec. 2605 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2605. Cultural Property Advisory Committee

-STATUTE-

(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 (FOOTNOTE 1) 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 -

(FOOTNOTE 1) So in original. Probably 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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC2-

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).''

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of Title 22, Foreign Relations and Intercourse.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of certain functions of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2601, 2602, 2603 of this

title.

-CITE-

19 USC Sec. 2606 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2606. Import restrictions

-STATUTE-

(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) ''Satisfactory evidence'' defined

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.

-SOURCE-

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

2358.)

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of certain functions of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2602, 2603, 2604, 2608,

2609, 2610 of this title.

-CITE-

19 USC Sec. 2607 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2607. Stolen cultural property

-STATUTE-

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.

-SOURCE-

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

2360.)

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2608, 2609, 2610 of this

title.

-CITE-

19 USC Sec. 2608 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2608. Temporary disposition of materials and articles subject

to this chapter

-STATUTE-

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.

-SOURCE-

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

2360.)

-CITE-

19 USC Sec. 2609 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2609. Seizure and forfeiture

-STATUTE-

(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.

-SOURCE-

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

2360.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsecs. (a), (b)(3), and

(c)(2)(B), are classified generally to this title.

-COD-

CODIFICATION

Section 2607 of this title, referred to in subsec. (c)(1), was 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2606 of this title.

-CITE-

19 USC Sec. 2610 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2610. Evidentiary requirements

-STATUTE-

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.

-SOURCE-

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

2361.)

-REFTEXT-

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.

-CITE-

19 USC Sec. 2611 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

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

-STATUTE-

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 (FOOTNOTE

1) States open to the public; or

(FOOTNOTE 1) So in original. Probably 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.

-SOURCE-

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

2362.)

-CITE-

19 USC Sec. 2612 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2612. Regulations

-STATUTE-

The Secretary shall prescribe such rules and regulations as are

necessary and appropriate to carry out the provisions of this

chapter.

-SOURCE-

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

2363.)

-CITE-

19 USC Sec. 2613 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 14 - CONVENTION ON CULTURAL PROPERTY

-HEAD-

Sec. 2613. Enforcement

-STATUTE-

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.

-SOURCE-

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

2363.)

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of certain functions of 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.

-CITE-