19 U.S.C. § 2607 — Stolen cultural property

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.