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19 U.S.C. § 2603 — Emergency implementation of import restrictions
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
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Source file: Laws/federal/codes/united-states-code/title-19/section-2603-emergency-implementation-of-import-restrictions--3e558604c0.md
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Source location: Title 19, Chapter 14, § 2603; chapter-014-convention-on-cultural-property.md
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**(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) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2602/a&num=0&edition=prelim) to the United States and has supplied information which supports a determination that an emergency condition exists.
(2) In taking action under subsection (b) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2605/f/3&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2602/f/2&num=0&edition=prelim) on the request of the State Party under [section 2602(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2602/a&num=0&edition=prelim).
(3) No 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2602/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2602&num=0&edition=prelim) 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.
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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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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
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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
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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.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 762
TITLE 19—CUSTOMS DUTIES
§ 2603
(b) The functions conferred by section 303(a)(4) relat-
ing to obtaining a commitment on the exchange of ar-
chaeological 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 ne-
gotiation and conclusion of agreements subject to ad-
vice 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 con-
sultation with the Director of the United States Infor-
mation 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 im-
port 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 pur-
suant 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 Informati
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