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19 U.S.C. § 2602 — Agreements to implement Article 9 of the convention
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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
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Source file: Laws/federal/codes/united-states-code/title-19/section-2602-agreements-to-implement-article-9-of-the-convention--fd80db5b83.md
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Source location: Title 19, Chapter 14, § 2602; chapter-014-convention-on-cultural-property.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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 11 So in original. Probably should be “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 2606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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) which justified the entering into of the agreement still pertain, and
(2) no cause for suspension under subsection (d) exists.
**(f) 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2603&num=0&edition=prelim)) as is appropriate to enable the Committee to carry out its duties under [section 2605(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2605/f&num=0&edition=prelim); 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), or
(B) applies import restrictions under [section 2603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2603&num=0&edition=prelim),
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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) o
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2603
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2605&num=0&edition=prelim).
(4) The term “consignee” means a consignee as defined in section 1483 11 See References in Text note below. of this title.
(5) The term “Convention” means the Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural p
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2601
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2604&num=0&edition=prelim) 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 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2604&num=0&edition=prelim),
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2606
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2613
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
After any agreement enters into force under [section 2602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2602&num=0&edition=prelim), or emergency action is taken under [section 2603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2603&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2604
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2605
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Department of Homeland Security, as an executive department of the United States within the meaning of title 5.
**(b) Mission**
(1) **In general** — The primary mission of the Department is to—
(A) prevent terrorist attacks within the United States;
(B) reduce the vulnerability of the United States to terrorism;
(C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States;
(D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning;
(E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress;
(F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;
(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and
(H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.
(2) **Responsibility for investigating and prosecuting terrorism** — Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question.
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Federal law — U.S. Code and appendices · legal_authorities
Page 759
TITLE 19—CUSTOMS DUTIES
§ 2602
‘‘(2) TERMINATION OF RESTRICTIONS.—
‘‘(A) IN GENERAL.—Except as provided in subpara-
graph (B), the import restrictions referred to in
subsection (a) shall terminate on the date that is 5
years after the date on which the President deter-
mines that neither of the conditions specified in
paragraph (1)(B) are met.
‘‘(B) REQUEST FOR TERMINATION.—If Syria requests
to enter into an agreement with the United States
pursuant to section 303 of the Convention on Cul-
tural Property Implementation Act (19 U.S.C. 2602)
on or after the date on which the President deter-
mines that neither of the conditions specified in
paragraph (1)(B) are met, the import restrictions
referred to in subsection (a) shall terminate on the
earlier of—
‘‘(i) the date that is 3 years after the date on
which Syria makes such a request; or
‘‘(ii) the date on which the United States and
Syria enter into such an agreement.
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—The President may waive the im-
port restrictions referred to in subsection (a) for spec-
ified archaeological and ethnological material of
Syria if the President certifies to the appropriate
congressional committees that the conditions de-
scribed in paragraph (2) are met.
‘‘(2) CONDITIONS.—The conditions referred to in
paragraph (1) are the following:
‘‘(A)(i) The owner or lawful custodian of the spec-
ified archaeological or ethnological material of
Syria has requested that such material be tempo-
rarily located in the United States for protection
purposes; or
‘‘(ii) if no owner or lawful custodian can reason-
ably be identified, the President determines that,
for purposes of protecting and preserving such ma-
terial, the material should be temporarily located
in the United States.
‘‘(B)
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2602
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