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19 U.S.C. § 2610 — Evidentiary requirements

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2610 — Evidentiary requirements

Notwithstanding the provisions of [section 1615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1615&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim), that the material has been listed by the Secretary in accordance with [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2604&num=0&edition=prelim); and (2) in the case of any article subject to [section 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2607&num=0&edition=prelim), 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.

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Source file: Laws/federal/codes/united-states-code/title-19/section-2610-evidentiary-requirements--d51a5fe312.md
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Source location: Title 19, Chapter 14, § 2610; chapter-014-convention-on-cultural-property.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2607 — 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 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.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1615 — Burden of proof in forfeiture proceedings

In all suits or actions (other than those arising under [section 1592 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1592&num=0&edition=prelim)) brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, where the property is claimed by any person, the burden of proof shall lie upon such claimant; and in all suits or actions brought for the recovery of the value of any vessel, vehicle, aircraft, merchandise, or baggage, because of violation of any such law, the burden of proof shall be upon the defendant: Provided, That probable cause shall be first shown for the institution of such suit or action, to be judged of by the court, subject to the following rules of proof: (1) The testimony or deposition of the officer of the customs who has boarded or required to come to a stop or seized a vessel, vehicle, or aircraft, or has arrested a person, shall be prima facie evidence of the place where the act in question occurred. (2) Marks, labels, brands, or stamps, indicative of foreign origin, upon or accompanying mechandise 11 So in original. Probably should be “merchandise”. or containers of merchandise, shall be prima facie evidence of the foreign origin of such merchandise. (3) The fact that a vessel of any description is found, or discovered to have been, in the vicinity of any hovering vessel and under any circumstances indicating contact or communication therewith, whether by proceeding to or from such vessel, or by coming to in the vicinity of such vessel, or by delivering to or receiving from such vessel any merchandise, person, or communication, or by any other means effecting contact or communicatio

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2601 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2606 — 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 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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2604 — Designation of materials covered by agreements or emergency actions

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.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2610 — Evidentiary requirements

Page 767 TITLE 19—CUSTOMS DUTIES § 2611 (c) Articles of cultural property (1) In any action for forfeiture under this sec- tion regarding an article of cultural property imported into the United States in violation of section 2607 of this title, if the claimant estab- lishes valid title to the article, under applicable law, as against the institution from which the article was stolen, forfeiture shall not be de- creed unless the State Party to which the arti- cle is to be returned pays the claimant just com- pensation for the article. In any action for for- feiture 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 re- turn an article stolen from an institution in the United States without requiring the pay- ment 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 insti- tution referred to in section 2607 of this title and shall be returned if that State Party bears the expenses incident to such return and deliv- ery and complies with such other require- ments relating to the return as the Secretary prescribes; or (B) if not returned to such State Party, be dispos

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