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19 U.S.C. § 2613 — Enforcement

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

19 U.S.C. § 2613 — Enforcement

In the customs territory of the United States, and in the Virgin Islands, the provisions of this chapter shall be enforced by appropriate customs officers. In any other territory or area within the United States, but not within such customs territory or the Virgin Islands, such provisions shall be enforced by such persons as may be designated by the President.

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Stable record: federal_law:legal_authorities:record_usc_c907f10a98308a04ae30daa2
Source file: Laws/federal/codes/united-states-code/title-19/section-2613-enforcement--075265a6a9.md
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Passage SHA-256: 8204e9c816136e3127b23fb72a234d02eff8a8f28ed4f7fd7655b140e4427289

Source location: Title 19, Chapter 14, § 2613; chapter-014-convention-on-cultural-property.md

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In the customs territory of the United States, and in the Virgin Islands, the provisions of this chapter shall be enforced by appropriate customs officers. In any other territory or area within the United States, but not within such customs territory or the Virgin Islands, such provisions shall be enforced by such persons as may be designated by the President.

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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. § 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. § 2613 — Enforcement

Page 768 TITLE 19—CUSTOMS DUTIES § 2612 1 So in original. Probably should be ‘‘United’’. (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 1 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 re- ceived or should have received during such period fair notice (through such adequate and accessible publication, or other means, as the Secretary shall by regulation pre- scribe) 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. (Pub. L. 97–446, title III, § 312, Jan. 12, 1983, 96 Stat. 2362.) 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. § 2612. Regulations The Secretary shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter. (Pub. L. 97–446, title III, § 313, Jan. 12, 1983, 96 Stat. 2363.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Sectio

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