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19 U.S.C. § 2611 — Certain material and articles exempt from this chapter
Federal law — U.S. Code and appendices · legal_authorities
The provisions of this chapter shall not apply to—
(1) any archaeological or ethnological material or any article of cultural property which is imported into the United States for temporary exhibition or display if such material or article is immune from seizure under judicial process pursuant to [section 2459 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2459&num=0&edition=prelim); or
(2) any designated archaeological or ethnological material or any article of cultural property imported into the United States if such material or article—
(A) has been held in the United States for a period of not less than three consecutive years by a recognized museum or religious or secular monument or similar institution, and was purchased by that institution for value, in good faith, and without notice that such material or article was imported in violation of this chapter, but only if—
(i) the acquisition of such material or article has been reported in a publication of such institution, any regularly published newspaper or periodical with a circulation of at least fifty thousand, or a periodical or exhibition catalog which is concerned with the type of article or materials sought to be exempted from this chapter,
(ii) such material or article has been exhibited to the public for a period or periods aggregating at least one year during such three-year period, or
(iii) such article or material has been cataloged and the catalog material made available upon request to the public for at least two years during such three-year period;
(B) if subparagraph (A) does not apply, has been within the United States for a period of not less than ten consecutive years and has been exhibited for not less than five years during such
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Stable record: federal_law:legal_authorities:record_usc_9f89343bd5f10201ddad2ca7
Source file: Laws/federal/codes/united-states-code/title-19/section-2611-certain-material-and-articles-exempt-from-this-chapter--4ada4634ca.md
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Source location: Title 19, Chapter 14, § 2611; chapter-014-convention-on-cultural-property.md
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The provisions of this chapter shall not apply to—
(1) any archaeological or ethnological material or any article of cultural property which is imported into the United States for temporary exhibition or display if such material or article is immune from seizure under judicial process pursuant to [section 2459 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2459&num=0&edition=prelim); or
(2) any designated archaeological or ethnological material or any article of cultural property imported into the United States if such material or article—
(A) has been held in the United States for a period of not less than three consecutive years by a recognized museum or religious or secular monument or similar institution, and was purchased by that institution for value, in good faith, and without notice that such material or article was imported in violation of this chapter, but only if—
(i) the acquisition of such material or article has been reported in a publication of such institution, any regularly published newspaper or periodical with a circulation of at least fifty thousand, or a periodical or exhibition catalog which is concerned with the type of article or materials sought to be exempted from this chapter,
(ii) such material or article has been exhibited to the public for a period or periods aggregating at least one year during such three-year period, or
(iii) such article or material has been cataloged and the catalog material made available upon request to the public for at least two years during such three-year period;
(B) if subparagraph (A) does not apply, has been within the United States for a period of not less than ten consecutive years and has been exhibited for not less than five years during such period in a recognized museum or religious or secular monument or similar institution in the Unites 11 So in original. Probably should be “United”. States open to the public; or
(C) if subparagraphs (A) and (B) do not apply, has been within the United States for a period of not less than ten consecutive years and the State Party concerned has received or should have received during such period fair notice (through such adequate and accessible publication, or other means, as the Secretary shall by regulation prescribe) of its location within the United States; and
(D) if none of the preceding subparagraphs apply, has been within the United States for a period of not less than twenty consecutive years and the claimant establishes that it purchased the material or article for value without knowledge or reason to believe that it was imported in violation of law.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements; Presidential determination; publication in Federal Register** Whenever any work of art or other object of cultural significance is imported into the United States from any foreign country, pursuant to an agreement entered into between the foreign owner or custodian thereof and the United States or one or more cultural, educational, or religious institutions with the capacity to appropriately curate such object within the United States providing for temporary storage, conservation, scientific research, exhibition, or display within the United States at any cultural exhibition, assembly, activity, or festival administered, operated, or sponsored, without profit, by any such cultural, educational, or religious institution with the capacity to appropriately curate such object, no court of the United States, any State, the District of Columbia, or any territory or possession of the United States may issue or enforce any judicial process, or enter any judgment, decree, or order, for the purpose or having the effect of depriving such institution, or any carrier engaged in transporting such work or object within the United States, of custody or control of such object if before the importation of such object the President or his designee has determined that such object is of cultural significance and that temporary storage, conservation, scientific research, exhibition, or display within the United States is in the national interest, and a notice to that effect has been published in the Federal Register.
**(b) Intervention of United States attorney in pending judicial proceedings** If in any judicial proceeding in any such court any such process, judgment, decree, or order is sought, issued, or entered, the United States attorney for the judicial district with
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2459
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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
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
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2611
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