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

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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Source location: Title 19, Chapter 14, § 2604; chapter-014-convention-on-cultural-property.md

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

19 U.S.C. § 2602 — Agreements to implement Article 9 of the convention

**(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

19 U.S.C. § 2603 — Emergency implementation of import restrictions

**(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

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

22 U.S.C. § 6531 — Abolition of United States Information Agency

The United States Information Agency (other than the Broadcasting Board of Governors and the International Broadcasting Bureau) is abolished.

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

19 U.S.C. § 2604 — Designation of materials covered by

Page 763 TITLE 19—CUSTOMS DUTIES § 2605 1 So in original. Probably should be ‘‘Committee’’. 51 F.R. 8475, set out as a note under section 2602 of this title. § 2604. Designation of materials covered by agreements or emergency actions After any agreement enters into force under section 2602 of this title, or emergency action is taken under section 2603 of this title, the Sec- retary, in consultation with the Secretary of State, shall by regulation promulgate (and when appropriate shall revise) a list of the archae- ological or ethnological material of the State Party covered by the agreement or by such ac- tion. 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 are applied only to the archeological and ethnological material covered by the agree- ment or emergency action; and (2) fair notice is given to importers and other persons as to what material is subject to such restrictions. (Pub. L. 97–446, title III, § 305, Jan. 12, 1983, 96 Stat. 2355; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(d), Oct. 21, 1998, 112 Stat. 2681–788; Pub. L. 106–113, div. B, § 1007(a)(7) [div. A, title VIII, § 802(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.) Editorial Notes AMENDMENTS 1999—Pub. L. 106–113 substituted ‘‘Secretary, in con- sultation with the Secretary of State, shall’’ for ‘‘Sec- retary shall’’ in first sentence. 1998—Pub. L. 105–277 struck out ‘‘, after consultation with the Director of the United States Information Agency,’’ after ‘‘title, the Secretary’’ in first sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT

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