19 U.S.C. § 2605 — Cultural Property Advisory Committee

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 Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of Title 22. 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. § 2605. Cultural Property Advisory Committee (a) Establishment There is established the Cultural Property Ad- visory Committee. (b) Membership (1) The Committee shall be composed of eleven members appointed by the President as follows: (A) Two members representing the interests of museums. (B) Three members who shall be experts in the fields of archaeology, anthropology, eth- nology, or related areas. (C) Three members who shall be experts in the international sale of archaeological, eth- nological, and other cultural property. (D) Three members who shall represent the interest of the general public. (2) Appointments made under paragraph (1) shall be made in such a manner so as to insure— (A) fair representation of the various inter- ests of the public sectors and the private sec- tors in the international exchange of archae- ological and ethnological materials, and (B) that within such sectors, fair representa- tion is accorded to the interests of regional and local institutions and museums. (3)(A) Members of the Committee shall be ap- pointed for terms of three years and may be re- appointed for one or more terms. With respect to the initial appointments, the President shall select, on a representative basis to the max- imum extent practicable, four members to serve three-year terms, four members to serve two- year terms, and the remaining members to serve a one-year term. Thereafter each appointment shall be for a three-year term. (B)(i) A vacancy in the Committee shall be filled in the same manner as the original ap- pointment was made and for the unexpired por- tion of the term, if the vacancy occurred during a term of office. Any member of the Committee may continue to serve as a member of the Com- mittee after the expiration of his term of office until reappointed or until his successor has been appointed. (ii) The President shall designate a Chairman of the Committee from the members of the Com- mittee. (c) Expenses The members of the Committee shall be reim- bursed for actual expenses incurred in the per- formance of duties for the Committee. (d) Transaction of business Six of the members of the Committee shall constitute a quorum. All decisions of the Com- mittee shall be by majority vote of the members present and voting. (e) Staff and administration (1) The Director of the United States Informa- tion Agency shall make available to the Com- mittee such administrative and technical sup- port services and assistance as it may reason- ably require to carry out its activities. Upon the request of the Committee, the head of any other Federal agency may detail to the Committee, on a reimbursable basis, any of the personnel of such agency to assist the Committee in carrying out its functions, and provide such information and assistance as the Committee may reason- ably require to carry out its activities. (2) The Committee shall meet at the call of the Director of the United States Information Agency, or when a majority of its members re- quest a meeting in writing. (f) Reports by Committee (1) The Commitee 1 shall, with respect to each request of a State Party referred to in section 2602(a) of this title, undertake an investigation and review with respect to matters referred to in section 2602(a)(1) of this title as they relate to the State Party or the request and shall prepare a report setting forth— (A) the results of such investigation and re- view; Page 764 TITLE 19—CUSTOMS DUTIES § 2605 (B) its findings as to the nations individ- ually having a significant import trade in the relevant material; and (C) its recommendation, together with the reasons therefor, as to whether an agreement should be entered into under section 2602(a) of this title with respect to the State Party. (2) The Committee shall, with respect to each agreement proposed to be extended by the Presi- dent under section 2602(e) of this title, prepare a report setting forth its recommendations to- gether with the reasons therefor, as to whether or not the agreement should be extended. (3) The Committee shall in each case in which the Committee finds that an emergency condi- tion under section 2603 of this title exists pre- pare a report setting forth its recommendations, together with the reasons therefor, as to wheth- er emergency action under section 2603 of this title should be implemented. If any State Party indicates in its request under section 2602(a) of this title that an emergency condition exists and the Committee finds that such a condition does not exist, the Committee shall prepare a re- port setting forth the reasons for such finding. (4) Any report prepared by the Committee which recommends the entering into or the ex- tension of any agreement under section 2602 of this title or the implementation of emergency action under section 2603 of this title shall set forth— (A) such terms and conditions which it con- siders necessary and appropriate to include within such agreement, or apply with respect to such implementation, for purposes of car- rying out the intent of the Convention; and (B) such archaeological or ethnological ma- terial of the State Party, specified by type or such other classification as the Committee deems appropriate, which should be covered by such agreement or action. (5) If any member of the Committee disagrees with respect to any matter in any report pre- pared under this subsection, such member may prepare a statement setting forth the reasons for such disagreement and such statement shall be appended to, and considered a part of, the re- port. (6) The Committee shall submit to the Con- gress and the President a copy of each report prepared by it under this subsection. (g) Committee review (1) In general The Committee shall undertake a con- tinuing review of the effectiveness of agree- ments under section 2602 of this title that have entered into force with respect to the United States, and of emergency action implemented under section 2603 of this title. (2) Action by Committee If the Committee finds, as a result of such review, that— (A) cause exists for suspending, under sec- tion 2602(d) of this title, the import restric- tions imposed under an agreement; (B) any agreement or emergency action is not achieving the purposes for which entered into or implemented; or (C) changes are required to this chapter in order to implement fully the obligations of the United States under the Convention; the Committee may submit a report to the Congress and the President setting forth its recommendations for suspending such import restrictions or for improving the effectiveness of any such agreement or emergency action or this chapter. (h) Chapter 10 of title 5 The provisions of chapter 10 of title 5 shall apply to the Committee, except that the re- quirements of subsections (a) and (b) of section 1009 and section 1010 of title 5 (relating to open meetings, public notice, public participation, and public availability of documents) shall not apply to the Committee, whenever and to the extent it is determined by the President or his designee that the disclosure of matters involved in the Committee’s proceedings would com- promise the Government’s negotiating objec- tives or bargaining positions on the negotiations of any agreement authorized by this chapter. (i) Confidential information (1) In general Any information (including trade secrets and commercial or financial information which is privileged or confidential) submitted in confidence by the private sector to officers or employees of the United States or to the Committee in connection with the responsibil- ities of the Committee shall not be disclosed to any person other than to— (A) officers and employees of the United States designated by the Director of the United States Information Agency; (B) members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate who are designated by the chairman of ei- ther such Committee and members of the staff of either such Committee designated by the chairman for use in connection with ne- gotiation of agreements or other activities authorized by this chapter; and (C) the Committee established under this chapter. (2) Governmental information Information submitted in confidence by offi- cers or employees of the United States to the Committee shall not be disclosed other than in accordance with rules issued by the Director of the United States Information Agency, after consultation with the Committee. Such rules shall define the categories of informa- tion which require restricted or confidential handling by such Committee considering the extent to which public disclosure of such in- formation can reasonably be expected to prej- udice the interests of the United States. Such rules shall, to the maximum extent feasible, permit meaningful consultations by Com- mittee members with persons affected by pro- posed agreements authorized by this chapter. (j) No authority to negotiate Nothing contained in this section shall be con- strued to authorize or to permit any individual (not otherwise authorized or permitted) to par- Page 765 TITLE 19—CUSTOMS DUTIES § 2606 ticipate directly in any negotiation of any agreement authorized by this chapter. (Pub. L. 97–446, title III, § 306, Jan. 12, 1983, 96 Stat. 2356; Pub. L. 100–204, title III, § 307(a), (b), Dec. 22, 1987, 101 Stat. 1380; Pub. L. 117–286, § 4(a)(140), Dec. 27, 2022, 136 Stat. 4321.) Editorial Notes AMENDMENTS 2022—Subsec. (h). Pub. L. 117–286 substituted ‘‘Chap- ter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘chapter 10 of title 5 shall apply to the Committee, except that the requirements of sub- sections (a) and (b) of section 1009 and section 1010 of title 5’’ for ‘‘the Federal Advisory Committee Act (Pub- lic Law 92–463; 5 U.S.C. Appendix I) shall apply to the Committee except that the requirements of subsections (a) and (b) of section 10 and section 11 of such Act’’ in text. 1987—Subsec. (b)(3)(A). Pub. L. 100–204, § 307(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Members of the Com- mittee shall be appointed for terms of two years and may be reappointed for 1 or more terms.’’ Subsec. (b)(3)(B). Pub. L. 100–204, § 307(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘A vacancy in the Commission shall be filled in the same manner in which the original ap- pointment was made.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–204, title III, § 307(c), Dec. 22, 1987, 101 Stat. 1380, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to members of the Cultural Property Advisory Committee first appointed after the date of enactment of this Act [Dec. 22, 1987].’’ 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. TRANSFER OF FUNCTIONS United States Information Agency (other than Broad- casting Board of Governors and International Broad- casting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22, Foreign Relations and Intercourse. 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. § 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 mate- rial under section 2604 of this title may be im- ported into the United States unless the State Party issues a certification or other documenta- tion 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 archae- ological 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 ac- quired 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, the customs officer concerned shall refuse to re- lease 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, not- withstanding any other provision of law, until such documentation or evidence is filed with such officer. If such documentation or evidence is not presented within ninety days after the date on which such material is refused release from customs custody, or such longer period as may be allowed by the Secretary for good cause shown, the material shall be subject to seizure and forfeiture. The presentation of such docu- mentation or evidence shall not bar subsequent action under section 2609 of this title. (c) ‘‘Satisfactory evidence’’ defined The term ‘‘satisfactory evidence’’ means— (1) for purposes of subsection (b)(2)(A)— (A) one or more declarations under oath by the importer, or the person for whose ac- count the material is imported, stating that, to the best of his knowledge— (i) the material was exported from the State Party not less than ten years before the date of entry into the United States, and (ii) neither such importer or person (or any related person) contracted for or ac- quired an interest, directly or indirectly, in such material more than one year be- fore the date of entry of the material; and (B) a statement provided by the consignor, or person who sold the material to the im- porter, which states the date, or, if not known, his belief, that the material was ex- ported from the State Party not less than ten years before the date of entry into the United States, and the reasons on which the statement is based; and (2) for purposes of subsection (b)(2)(B)— (A) one or more declarations under oath by the importer or the person for whose ac- count the material is to be imported, stating that, to the best of his knowledge, the mate- rial was exported from the State Party on or before the date such material was designated under section 2604 of this title, and (B) a statement by the consignor or person who sold the material to the importer which