19 U.S.C. § 2602 — Agreements to implement Article 9 of the

Page 759 TITLE 19—CUSTOMS DUTIES § 2602 ‘‘(2) TERMINATION OF RESTRICTIONS.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), the import restrictions referred to in subsection (a) shall terminate on the date that is 5 years after the date on which the President deter- mines that neither of the conditions specified in paragraph (1)(B) are met. ‘‘(B) REQUEST FOR TERMINATION.—If Syria requests to enter into an agreement with the United States pursuant to section 303 of the Convention on Cul- tural Property Implementation Act (19 U.S.C. 2602) on or after the date on which the President deter- mines that neither of the conditions specified in paragraph (1)(B) are met, the import restrictions referred to in subsection (a) shall terminate on the earlier of— ‘‘(i) the date that is 3 years after the date on which Syria makes such a request; or ‘‘(ii) the date on which the United States and Syria enter into such an agreement. ‘‘(c) WAIVER.— ‘‘(1) IN GENERAL.—The President may waive the im- port restrictions referred to in subsection (a) for spec- ified archaeological and ethnological material of Syria if the President certifies to the appropriate congressional committees that the conditions de- scribed in paragraph (2) are met. ‘‘(2) CONDITIONS.—The conditions referred to in paragraph (1) are the following: ‘‘(A)(i) The owner or lawful custodian of the spec- ified archaeological or ethnological material of Syria has requested that such material be tempo- rarily located in the United States for protection purposes; or ‘‘(ii) if no owner or lawful custodian can reason- ably be identified, the President determines that, for purposes of protecting and preserving such ma- terial, the material should be temporarily located in the United States. ‘‘(B) Such material shall be returned to the owner or lawful custodian when requested by such owner or lawful custodian. ‘‘(C) There is no credible evidence that granting a waiver under this subsection will contribute to ille- gal trafficking in archaeological or ethnological material of Syria or financing of criminal or ter- rorist activities. ‘‘(3) ACTION.—If the President grants a waiver under this subsection, the specified archaeological or ethno- logical material of Syria that is the subject of such waiver shall be placed in the temporary custody of the United States Government or in the temporary custody of a cultural or educational institution with- in the United States for the purpose of protection, restoration, conservation, study, or exhibition, with- out profit. ‘‘(4) IMMUNITY FROM SEIZURE.—Any archaeological or ethnological material that enters the United States pursuant to a waiver granted under this sec- tion shall have immunity from seizure under Public Law 89–259 (22 U.S.C. 2459). All provisions of Public Law 89–259 shall apply to such material as if immu- nity from seizure had been granted under that Public Law. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Relations and the Committee on Finance of the Senate; and ‘‘(B) the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Rep- resentatives. ‘‘(2) ARCHAEOLOGICAL OR ETHNOLOGICAL MATERIAL OF SYRIA.—The term ‘archaeological or ethnological ma- terial of Syria’ means cultural property (as defined in section 302 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601)) that is unlaw- fully removed from Syria on or after March 15, 2011. ‘‘SEC. 4. REPORT. ‘‘Not later than 1 year after the date of the enact- ment of this Act [May 9, 2016], and annually thereafter for the next 6 years, the President shall submit to the appropriate congressional committees a report on the efforts of the executive branch, during the 12-month pe- riod preceding the submission of the report, to protect and preserve international cultural property, includ- ing— ‘‘(1) whether an interagency coordinating com- mittee as described in section 2 has been established and, if such a committee has been established, a de- scription of the activities undertaken by such com- mittee, including a list of the entities participating in such activities; ‘‘(2) a description of measures undertaken pursuant to relevant statutes, including— ‘‘(A) actions to implement and enforce section 3 of this Act and section 3002 of the Emergency Pro- tection for Iraqi Cultural Antiquities Act of 2004 (Public Law 108–429; 118 Stat. 2599), including meas- ures to dismantle international networks that traf- fic illegally in cultural property; ‘‘(B) a description of any requests for a waiver under section 3(c) of this Act and, for each such re- quest, whether a waiver was granted; ‘‘(C) a list of the statutes and regulations em- ployed in criminal, civil, and civil forfeiture ac- tions to prevent illegal trade and trafficking in cul- tural property; ‘‘(D) actions undertaken to ensure the consistent and effective application of law in cases relating to illegal trade and trafficking in cultural property; and ‘‘(E) actions undertaken to promote the legiti- mate commercial and non-commercial exchange and movement of cultural property; and ‘‘(3) actions undertaken in fulfillment of inter- national agreements on cultural property protection, including the Convention for the Protection of Cul- tural Property in the Event of Armed Conflict, done at The Hague May 14, 1954.’’ Executive Documents DELEGATION OF FUNCTIONS AND AUTHORITIES UNDER THE PROTECT AND PRESERVE INTERNATIONAL CULTURAL PROPERTY ACT Memorandum of President of the United States, Aug. 1, 2016, 81 F.R. 55105, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, the functions and authorities conferred upon the President by the Protect and Preserve International Cultural Property Act (Public Law 114–151, 130 Stat. 369) are hereby delegated to the Secretary of State. In the performance of such functions, the Secretary of State shall consult the Secretaries of Homeland Secu- rity and the Treasury, and the heads of other depart- ments and agencies, as appropriate. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 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 meas- ures consistent with the Convention to pro- tect its cultural patrimony; Page 760 TITLE 19—CUSTOMS DUTIES § 2602 1 So in original. Probably should be ‘‘exchange’’. (C) that— (i) the application of the import restric- tions set forth in section 2606 of this title with respect to archaeological or ethno- logical material of the State Party, if ap- plied in concert with similar restrictions implemented, or to be implemented within a reasonable period of time, by those na- tions (whether or not State Parties) indi- vidually 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 appli- cation of the restrictions set forth in such section are not available; and (D) that the application of the import re- strictions set forth in section 2606 of this title in the particular circumstances is con- sistent with the general interest of the international community in the interchange of cultural property among nations for sci- entific, 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 with the State Party to apply the import restrictions set forth in section 2606 of this title to the ar- chaeological or ethnological material of the State Party the pillage of which is creating the jeopardy to the cultural patrimony of the State Party found to exist under para- graph (1)(A); or (B) a multilateral agreement with the State Party and with one or more other na- tions (whether or not a State Party) under which the United States will apply such re- strictions, and the other nations will apply similar restrictions, with respect to such material. (3) Requests A request made to the United States under article 9 of the Convention by a State Party must be accompanied by a written statement of the facts known to the State Party that re- late to those matters with respect to which de- terminations must be made under subpara- graphs (A) through (D) of paragraph (1). (4) Implementation In implementing this subsection, the Presi- dent should endeavor to obtain the commit- ment of the State Party concerned to permit the exhange 1 of its archaeological and ethno- logical materials under circumstances in which such exchange does not jeopardize its cultural patrimony. (b) Effective period The President may not enter into any agree- ment under subsection (a) which has an effective period beyond the close of the five-year period beginning on the date on which such agreement enters into force with respect to the United States. (c) Restrictions on entering into agreements (1) In general The President may not enter into a bilateral or multilateral agreement authorized by sub- section (a) unless the application of the im- port restrictions set forth in section 2606 of this title with respect to archaeological or ethnological material of the State Party mak- ing a request to the United States under arti- cle 9 of the Convention will be applied in con- cert with similar restrictions implemented, or to be implemented, by those nations (whether or not State Parties) individually having a significant import trade in such material. (2) Exception to restrictions Notwithstanding paragraph (1), the Presi- dent may enter into an agreement if he deter- mines that a nation individually having a sig- nificant import trade in such material is not implementing, or is not likely to implement, similar restrictions, but— (A) such restrictions are not essential to deter a serious situation of pillage, and (B) the application of the import restric- tions set forth in section 2606 of this title in concert with similar restrictions imple- mented, or to be implemented, by other na- tions (whether or not State Parties) individ- ually having a significant import trade in such material would be of substantial ben- efit in deterring a serious situation of pil- lage. (d) Suspension of import restrictions under agreements If, after an agreement enters into force with respect to the United States, the President de- termines that a number of parties to the agree- ment (other than parties described in subsection (c)(2)) having significant import trade in the ar- chaeological and ethnological material covered by the agreement— (1) have not implemented within a reason- able period of time import restrictions that are similar to those set forth in section 2606 of this title, or (2) are not implementing such restrictions satisfactorily with the result that no substan- tial benefit in deterring a serious situation of pillage in the State Party concerned is being obtained, the President shall suspend the implementation of the import restrictions under section 2606 of this title until such time as the nations take ap- propriate corrective action. (e) Extension of agreements The President may extend any agreement that enters into force with respect to the United States for additional periods of not more than five years each if the President determines that— (1) the factors referred to in subsection (a)(1) which justified the entering into of the agree- ment still pertain, and (2) no cause for suspension under subsection (d) exists. Page 761 TITLE 19—CUSTOMS DUTIES § 2602 (f) Procedures If any request described in subsection (a) is made by a State Party, or if the President pro- poses to extend any agreement under subsection (e), the President shall— (1) publish notification of the request or pro- posal in the Federal Register; (2) submit to the Committee such informa- tion regarding the request or proposal (includ- ing, if applicable, information from the State Party with respect to the implementation of emergency action under section 2603 of this title) as is appropriate to enable the Com- mittee to carry out its duties under section 2605(f) of this title; and (3) consider, in taking action on the request or proposal, the views and recommendations contained in any Committee report— (A) required under section 2605(f)(1) or (2) of this title, and (B) submitted to the President before the close of the one-hundred-and-fifty-day period beginning on the day on which the President submitted information on the request or proposal to the Committee under paragraph (2). (g) Information on Presidential action (1) In general In any case in which the President— (A) enters into or extends an agreement pursuant to subsection (a) or (e), or (B) applies import restrictions under sec- tion 2603 of this title, the President shall, promptly after taking such action, submit a report to the Congress. (2) Report The report under paragraph (1) shall con- tain— (A) a description of such action (including the text of any agreement entered into), (B) the differences (if any) between such action and the views and recommendations contained in any Committee report which the President was required to consider, and (C) the reasons for any such difference. (3) Information relating to committee rec- ommendations If any Committee report required to be con- sidered by the President recommends that an agreement be entered into, but no such agree- ment is entered into, the President shall sub- mit to the Congress a report which contains the reasons why such agreement was not en- tered into. (Pub. L. 97–446, title III, § 303, Jan. 12, 1983, 96 Stat. 2352.) Editorial Notes CODIFICATION Section 2603 of this title, referred to in subsec. (g)(1)(B), was in the original ‘‘section 204’’, and was translated as section 2603 of this title, which is section 304 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. Executive Documents EX. ORD. NO. 12555. PROTECTION OF CULTURAL PROPERTY Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, as amended by Ex. Ord. No. 13286, § 44, Feb. 28, 2003, 68 F.R. 10627, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including the Convention on Cultural Property Imple- mentation Act (Title III of Public Law 97–446; herein- after referred to as the ‘‘Act’’) [this chapter], and Sec- tion 301 of Title 3 of the United States Code, it is here- by ordered as follows: SECTION 1. United States Information Agency. The fol- lowing functions conferred upon the President by the Act are hereby delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of Homeland Security: (a) The functions conferred by section 303(a)(1) [19 U.S.C. 2602(a)(1)] concerning determinations to be made prior to initiation of negotiations of bilateral or multi- lateral agreements. (b) The functions conferred by section 303(d) with re- spect to the determinations concerning the failure of other parties to an agreement to take any or satisfac- tory implementation action on their agreement; pro- vided, however, that the Secretary of State will remain responsible for interpretation of the agreement. (c) The functions conferred by section 303(e) relating to the determinations to be made prior to the initi- ation of negotiations for the extension of any agree- ment. (d) The functions conferred by section 303(f) relating to the actions to be taken upon receipt of a request made by a State Party to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Ex- port and Transfer of Ownership of Cultural Property adopted by the Sixteenth General Conference of the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as the ‘‘Conven- tion’’). (e) The functions conferred by section 303(g)(1)(B) re- lating to the notification of Presidential action and the furnishing of reports to the Congress. (f) The functions conferred by section 304(b) [19 U.S.C. 2603(b)] to the extent that they involve determinations by the President that an emergency condition applies with respect to any archaeological or ethnological ma- terial of any State Party to the Convention, subject to the limitations of sections 304(c)(1), 304(c)(2), and 304(c)(3). (g) The functions conferred by section 304(c)(3) to the extent that they involve determinations to be made and the receipt and consideration of an advisory report from the Cultural Property Advisory Committee by the President prior to extensions of emergency import re- strictions. (h) The functions conferred by sections 306(f)(6) and 306(g) [19 U.S.C. 2605(f)(6), (g)] relating to the receipt of reports prepared by the Cultural Property Advisory Committee. (i) The functions conferred by section 306(h) relating to the determinations to be made about the disclosure of matters involved in the Cultural Property Advisory Committee’s proceedings. SEC. 2. Department of State. The following functions conferred upon the President by the Act are hereby del- egated to the Secretary of State, acting in consultation with and with the participation of the Director of the United States Information Agency and in consultation with the Secretary of Homeland Security: (a) The functions conferred by section 303(a)(2) [19 U.S.C. 2602(a)(2)] relating to the negotiation and con- clusion of bilateral or multilateral agreements under the Act, subject to the restrictions of section 303(c). Page 762 TITLE 19—CUSTOMS DUTIES § 2603 (b) The functions conferred by section 303(a)(4) relat- ing to obtaining a commitment on the exchange of ar- chaeological and ethnological materials from a party to an agreement. (c) The functions conferred by section 303(e) relating only to negotiation and conclusion of extensions of agreements under the Act. (d) Except with respect to subsection 303(g)(1)(B), the functions conferred by section 303(g), relating to the notification of Presidential action and the furnishing of reports to the Congress. (e) The functions conferred by section 304(c)(4) [19 U.S.C. 2603(c)(4)] to the extent that they involve the ne- gotiation and conclusion of agreements subject to ad- vice and consent to ratification by the Senate. SEC. 3. Department of the Treasury [The Department of Homeland Security]. The following functions conferred upon the President by the Act are hereby delegated to the Secretary of Homeland Security, acting in con- sultation with the Director of the United States Infor- mation Agency and the Secretary of State: (a) Subject to subsection (b) of Section 1 above, the functions conferred by section 303(d) [19 U.S.C. 2602(d)] to the extent that they involve the suspension of im- port restrictions. (b) Subject to subsection[s] (f) and (g) of Section 1 above, the functions conferred by section 304 [19 U.S.C. 2603] to the extent that they involve the application of import restrictions set forth in section 307 [19 U.S.C. 2606] and the extension of such import restrictions pur- suant to section 304(c)(3). SEC. 4. Enforcement in Territories and Other Areas. The Secretary of the Interior is designated to carry out the enforcement functions in section 314 [19 U.S.C. 2613]. [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] § 2603. Emergency implementation of import re- strictions (a) ‘‘Emergency condition’’ defined For purposes of this section, the term ‘‘emer- gency condition’’ means, with respect to any ar- chaeological or ethnological material of any State Party, that such material is— (1) a newly discovered type of material which is of importance for the understanding of the history of mankind and is in jeopardy from pillage, dismantling, dispersal, or frag- mentation; (2) identifiable as coming from any site rec- ognized to be of high cultural significance if such site is in jeopardy from pillage, disman- tling, dispersal, or fragmentation which is, or threatens to be, of crisis proportions; or (3) a part of the remains of a particular cul- ture or civilization, the record of which is in jeopardy from pillage, dismantling, dispersal, or fragmentation which is, or threatens to be, of crisis proportions; and application of the import restrictions set forth in section 2606 of this title on a temporary basis would, in whole or in part, reduce the in- centive for such pillage, dismantling, dispersal or fragmentation. (b) Presidential action Subject to subsection (c), if the President de- termines that an emergency condition applies with respect to any archaeological or ethno- logical material of any State Party, the Presi- dent may apply the import restrictions set forth in section 2606 of this title with respect to such material. (c) Limitations (1) The President may not implement this sec- tion with respect to the archaeological or ethno- logical materials of any State Party unless the State Party has made a request described in sec- tion 2602(a) of this title to the United States and has supplied information which supports a de- termination that an emergency condition exists. (2) In taking action under subsection (b) with respect to any State Party, the President shall consider the views and recommendations con- tained in the Committee report required under section 2605(f)(3) of this title if the report is sub- mitted to the President before the close of the ninety-day period beginning on the day on which the President submitted information to the Committee under section 2602(f)(2) of this title on the request of the State Party under section 2602(a) of this title. (3) No import restrictions set forth in section 2606 of this title may be applied under this sec- tion to the archaeological or ethnological mate- rials of any State Party for more than five years after the date on which the request of a State Party under section 2602(a) of this title is made to the United States. This period may be ex- tended by the President for three more years if the President determines that the emergency condition continues to apply with respect to the archaeological or ethnological material. How- ever, before taking such action, the President shall request and consider, if received within ninety days, a report of the Committee setting forth its recommendations, together with the reasons therefor, as to whether such import re- strictions shall be extended. (4) The import restrictions under this section may continue to apply in whole or in part, if be- fore their expiration under paragraph (3), there has entered into force with respect to the ar- chaeological or ethnological materials an agree- ment under section 2602 of this title or an agree- ment with a State Party to which the Senate has given its advice and consent to ratification. Such import restrictions may continue to apply for the duration of the agreement. (Pub. L. 97–446, title III, § 304, Jan. 12, 1983, 96 Stat. 2354.) Editorial Notes CODIFICATION Section 2602 of this title, referred to in subsec. (c)(4), was in the original ‘‘section 203’’, and was translated as section 2602 of this title, which is section 303 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. Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of President under this section, see Ex. Ord. No. 12555, Mar. 10, 1986,