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 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, which- ever date is later, may be imported into the United States. (Pub. L. 97–446, title III, § 308, Jan. 12, 1983, 96 Stat. 2360.) Editorial Notes REFERENCES IN TEXT For the effective date of this chapter, referred to in text, see section 315 of Pub. L. 97–446, set out as an Ef- fective 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. § 2608. Temporary disposition of materials and articles subject to this chapter Pending a final determination as to whether any archaeological or ethnological material, or any article of cultural property, has been im- ported into the United States in violation of sec- tion 2606 of this title or section 2607 of this title, the Secretary shall, upon application by any museum or other cultural or scientific institu- tion in the United States which is open to the public, permit such material or article to be re- tained at such institution if he finds that— (1) sufficient safeguards will be taken by the institution for the protection of such material or article; and (2) sufficient bond is posted by the institu- tion to ensure its return to the Secretary. (Pub. L. 97–446, title III, § 309, Jan. 12, 1983, 96 Stat. 2360.) 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. § 2609. Seizure and forfeiture (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 or section 2607 of this title shall be subject to sei- zure and forfeiture. All provisions of law relat- ing to seizure, forfeiture, and condemnation for violation of the customs laws shall apply to sei- zures 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 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 re- turned to a claimant with respect to whom the material was forfeited if that claimant estab- lishes— (A) valid title to the material, (B) that the claimant is a bona fide pur- chaser for value of the material; or (3) if not returned to the State Party under paragraph (1) or to a claimant under para- graph (2), be disposed of in the manner pre- scribed by law for articles forfeited for viola- tion of the customs laws. No return of material may be made under para- graph (1) or (2) unless the State Party or claim- ant, as the case may be, bears the expenses in- curred incident to the return and delivery, and complies with such other requirements relating to the return as the Secretary shall prescribe. 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;