19 U.S.C. § 2611 — Certain material and articles exempt from

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 disposed of in the manner prescribed by law for articles forfeited for violation of the cus- toms laws. (Pub. L. 97–446, title III, § 310, Jan. 12, 1983, 96 Stat. 2360.) Editorial Notes CODIFICATION Section 2607 of this title, referred to in subsec. (c)(1), was in the original ‘‘section 208’’, and was translated as section 2607 of this title, which is section 308 of Pub. L. 97–446, as the probable intent of Congress. 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. § 2610. Evidentiary requirements Notwithstanding the provisions of section 1615 of this title, in any forfeiture proceeding brought under this chapter in which the mate- rial 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, that the material has been listed by the Secretary in accordance with section 2604 of this title; and (2) in the case of any article subject to sec- tion 2607 of this title, that the article— (A) is documented as appertaining to the inventory of a museum or religious or sec- ular 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 Conven- tion for the State Party concerned, which- ever date is later. (Pub. L. 97–446, title III, § 311, Jan. 12, 1983, 96 Stat. 2361.) Editorial Notes REFERENCES IN TEXT For the effective date of this chapter, referred to in par. (2)(B), see section 315 of Pub. L. 97–446, set out as an Effective Date note under section 2601 of this title. 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. § 2611. Certain material and articles exempt from this chapter The provisions of this chapter shall not apply to— (1) any archaeological or ethnological mate- rial or any article of cultural property which is imported into the United States for tem- porary exhibition or display if such material or article is immune from seizure under judi- cial process pursuant to section 2459 of title 22; or (2) any designated archaeological or ethno- logical 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 vio- lation of this chapter, but only if— (i) the acquisition of such material or ar- ticle 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 ex- hibited 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 pe- riod; 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 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. § 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 cus- toms 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. (Pub. L. 97–446, title III, § 314, Jan. 12, 1983, 96 Stat. 2363.) 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. CHAPTER 15—CARIBBEAN BASIN ECONOMIC RECOVERY Sec. 2701. Authority to grant duty-free treatment. 2702. Beneficiary country. 2703. Eligible articles. 2703a. Special rules for Haiti. 2704. International Trade Commission reports on impact of Caribbean Basin Economic Recov- ery Program. 2705. Impact study by Secretary of Labor. 2706. Effective date. 2707. Center for the Study of Western Hemispheric Trade. § 2701. Authority to grant duty-free treatment The President may proclaim duty-free treat- ment (or other preferential treatment) for all el- igible articles from any beneficiary country in accordance with the provisions of this chapter. (Pub. L. 98–67, title II, § 211, Aug. 5, 1983, 97 Stat. 384; Pub. L. 106–200, title II, § 211(e)(1)(A), May 18, 2000, 114 Stat. 287.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out below and Tables. AMENDMENTS 2000—Pub. L. 106–200 inserted ‘‘(or other preferential treatment)’’ after ‘‘treatment’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–164, § 1, Oct. 10, 2020, 134 Stat. 758, provided that: ‘‘This Act [amending sections 58c and 2703 of this title and amending provisions set out as a note under section 3805 of this title] may be cited as the ‘Extension of the Caribbean Basin Economic Recovery Act’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–171, § 1, May 24, 2010, 124 Stat. 1194, pro- vided that: ‘‘This Act [amending sections 58c, 2703, and 2703a of this title and enacting provisions set out as notes under section 2703a of this title and section 6655 of Title 26, Internal Revenue Code] may be cited as the ‘Haiti Economic Lift Program Act of 2010’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–234, title XV, § 15401, May 22, 2008, 122 Stat. 1527, and Pub. L. 110–246, § 4(a), title XV, § 15401, June 18, 2008, 122 Stat. 1664, 2289, provided that: ‘‘This part [part I (§§ 15401–15412) of subtitle D of title XV of Pub. L. 110–246, amending sections 2703 and 2703a of this title and enacting provisions set out as notes under section 2703a of this title] may be cited as the ‘Haitian Hemi- spheric Opportunity through Partnership Encourage- ment Act of 2008’ or the ‘HOPE II Act’.’’