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19 U.S.C. § 2606 — Import restrictions
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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Stable record: federal_law:legal_authorities:record_usc_895296bbf58bd79a2ac34ce1
Source file: Laws/federal/codes/united-states-code/title-19/section-2606-import-restrictions--62e9e84b23.md
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Passage SHA-256: 1481a79e213c735f9a6ee986921f042e00465351a4dea581f64da4b10ef91e9a
Source location: Title 19, Chapter 14, § 2606; chapter-014-convention-on-cultural-property.md
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**(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 presented within ninety days after the date on which such material is refused release from customs custody, or such longer period as may be allowed by the Secretary for good cause shown, the material shall be subject to seizure and forfeiture. The presentation of such documentation or evidence shall not bar subsequent action under [section 2609 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2609&num=0&edition=prelim).
**(c) “Satisfactory evidence” defined** 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 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2604&num=0&edition=prelim), and
(B) a statement by the consignor or person who sold the material to the importer which states the date, or if not known, his belief, that the material was exported from the State Party on or before the date such material was designated under [section 2604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2604&num=0&edition=prelim), and the reasons on which the statement is based.
**(d) Related persons** For purposes of subsections (b) and (c), 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.
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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) In general** Any designated archaeological or ethnological material or article of cultural property, as the case may be, which is imported into the United States in violation of [section 2606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) or [section 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2607&num=0&edition=prelim) shall be subject to seizure and forfeiture. All provisions of law relating to seizure, forfeiture, and condemnation for violation of the customs laws shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this chapter, insofar as such provisions of law are applicable to, and not inconsistent with, the provisions of this chapter.
**(b) Archaeological and ethnological material** Any designated archaeological or ethnological material which is imported into the United States in violation of [section 2606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) and which is forfeited to the United States under this chapter shall—
(1) first be offered for return to the State Party;
(2) if not returned to the State Party, be returned to a claimant with respect to whom the material was forfeited if that claimant establishes—
(A) valid title to the material,
(B) that the claimant is a bona fide purchaser for value of the material; or
(3) if not returned to the State Party under paragraph (1) or to a claimant under paragraph (2), be disposed of in the manner prescribed by law for articles forfeited for violation of the customs laws.
No return of material may be made under paragraph (1) or (2) unless the State Party or claimant, as th
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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) “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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Federal law — U.S. Code and appendices · legal_authorities
Pending a final determination as to whether any archaeological or ethnological material, or any article of cultural property, has been imported into the United States in violation of [section 2606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2606&num=0&edition=prelim) or [section 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2607&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
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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Federal law — U.S. Code and appendices · legal_authorities
Page 765
TITLE 19—CUSTOMS DUTIES
§ 2606
ticipate directly in any negotiation of any
agreement authorized by this chapter.
(Pub. L. 97–446, title III, § 306, Jan. 12, 1983, 96
Stat. 2356; Pub. L. 100–204, title III, § 307(a), (b),
Dec. 22, 1987, 101 Stat. 1380; Pub. L. 117–286,
§ 4(a)(140), Dec. 27, 2022, 136 Stat. 4321.)
Editorial Notes
AMENDMENTS
2022—Subsec. (h). Pub. L. 117–286 substituted ‘‘Chap-
ter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’
in heading and ‘‘chapter 10 of title 5 shall apply to the
Committee, except that the requirements of sub-
sections (a) and (b) of section 1009 and section 1010 of
title 5’’ for ‘‘the Federal Advisory Committee Act (Pub-
lic 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’’ in
text.
1987—Subsec.
(b)(3)(A).
Pub.
L.
100–204,
§ 307(a),
amended subpar. (A) generally. Prior to amendment,
subpar. (A) read as follows: ‘‘Members of the Com-
mittee shall be appointed for terms of two years and
may be reappointed for 1 or more terms.’’
Subsec. (b)(3)(B). Pub. L. 100–204, § 307(b), amended
subpar. (B) generally. Prior to amendment, subpar. (B)
read as follows: ‘‘A vacancy in the Commission shall be
filled in the same manner in which the original ap-
pointment was made.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–204, title III, § 307(c), Dec. 22, 1987, 101
Stat. 1380, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall apply to
members of the Cultural Property Advisory Committee
first appointed after the date of enactment of this Act
[Dec. 22, 1987].’’
EFFECTIVE DATE
Section effective on the 90th day after Jan.
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