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19 U.S.C. § 2609 — Seizure and forfeiture

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

19 U.S.C. § 2609 — Seizure and forfeiture

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Stable record: federal_law:legal_authorities:record_usc_9af922e6d30a4a34cf66f7fe
Source file: Laws/federal/codes/united-states-code/title-19/section-2609-seizure-and-forfeiture--b7da0c1796.md
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Source location: Title 19, Chapter 14, § 2609; chapter-014-convention-on-cultural-property.md

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**(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 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 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2607&num=0&edition=prelim), 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 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2607&num=0&edition=prelim) 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 2607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2607&num=0&edition=prelim) 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.

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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. § 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. § 2609 — Seizure and forfeiture

Page 766 TITLE 19—CUSTOMS DUTIES § 2607 states the date, or if not known, his belief, that the material was exported from the State Party on or before the date such mate- rial was designated under section 2604 of this title, and the reasons on which the state- ment is based. (d) Related persons For purposes of subsections (b) and (c), a per- son shall be treated as a related person to an im- porter, or to a person for whose account mate- rial 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 sis- ter (whether by whole or half blood), spouse, ancestor, or lineal descendant; (2) is a partner or associate with the im- porter 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 di- rectly or indirectly owns, controls, or holds power to vote 20 percent or more of the out- standing voting stock or shares in the entity. (Pub. L. 97–446, title III, § 307, Jan. 12, 1983, 96 Stat. 2358.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under sec- tion 2601 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of President under this section, see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under section 2602 of this title. § 2607. Stolen cultural property No article of cultural property documented as appertaining to the inventory of a museum or religious or se

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