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Convention on Cultural Property Implementation Act

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 Implementation 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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