19 U.S.C. § 2606 — Import restrictions

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 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.