19 U.S.C. § 2602
If the President determines, after request is made to the United States under article 9 of the Convention by any State Party-
the President may, subject to the provisions of this chapter, take the actions described in paragraph (2).
For purposes of paragraph (1), the President may enter into-
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 relate to those matters with respect to which determinations must be made under subparagraphs (A) through (D) of paragraph (1).
In implementing this subsection, the President should endeavor to obtain the commitment of the State Party concerned to permit the exhange 1 of its archaeological and ethnological materials under circumstances in which such exchange does not jeopardize its cultural patrimony.
The President may not enter into any agreement 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.
The President may not enter into a bilateral or multilateral agreement authorized by subsection (a) unless the application of the import restrictions set forth in section 2606 of this title with respect to archaeological or ethnological material of the State Party making a request to the United States under article 9 of the Convention will be applied in concert 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.
Notwithstanding paragraph (1), the President may enter into an agreement if he determines that a nation individually having a significant import trade in such material is not implementing, or is not likely to implement, similar restrictions, but-
If, after an agreement enters into force with respect to the United States, the President determines that a number of parties to the agreement (other than parties described in subsection (c)(2)) having significant import trade in the archaeological and ethnological material covered by the agreement-
the President shall suspend the implementation of the import restrictions under section 2606 of this title until such time as the nations take appropriate corrective action.
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-
If any request described in subsection (a) is made by a State Party, or if the President proposes to extend any agreement under subsection (e), the President shall-
In any case in which the President-
the President shall, promptly after taking such action, submit a report to the Congress.
The report under paragraph (1) shall contain-
If any Committee report required to be considered by the President recommends that an agreement be entered into, but no such agreement is entered into, the President shall submit to the Congress a report which contains the reasons why such agreement was not entered into.
1 So in original. Probably should be "exchange".
19 U.S.C. § 2602
EDITORIAL NOTES
CODIFICATIONSection 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 DATESection 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 section 2601 of this title.
EXECUTIVE DOCUMENTS
EX. ORD. NO. 12555. PROTECTION OF CULTURAL PROPERTYEx. 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 Implementation Act (Title III of Public Law 97-446; hereinafter referred to as the "Act") [this chapter], and Section 301 of Title 3 of the United States Code, it is hereby ordered as follows:SECTION 1. United States Information Agency. The following 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 multilateral agreements.(b) The functions conferred by section 303(d) with respect to the determinations concerning the failure of other parties to an agreement to take any or satisfactory implementation action on their agreement; provided, 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 initiation of negotiations for the extension of any agreement.(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, Export 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 "Convention").(e) The functions conferred by section 303(g)(1)(B) relating 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 material 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 restrictions.(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 delegated 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 conclusion of bilateral or multilateral agreements under the Act, subject to the restrictions of section 303(c).(b) The functions conferred by section 303(a)(4) relating to obtaining a commitment on the exchange of archaeological 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 negotiation and conclusion of agreements subject to advice 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 consultation with the Director of the United States Information 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 import 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 pursuant 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 International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.]
- Committee
- The term "Committee" means the Cultural Property Advisory Committee established under section 2605 of this title.
- Convention
- The term "Convention" means the Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization at its sixteenth session.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- State Party
- The term "State Party" means any nation which has ratified, accepted, or acceded to the Convention.
- United States
- The term "United States" includes the several States, the District of Columbia, and any territory or area the foreign relations for which the United States is responsible.
- agreement
- The term "agreement" includes any amendment to, or extension of, any agreement under this chapter that enters into force with respect to the United States.
- archaeological or ethnological material of the State Party
- The term "archaeological or ethnological material of the State Party" means-(A) any object of archaeological interest;(B) any object of ethnological interest; or(C) any fragment or part of any object referred to in subparagraph (A) or (B);which was first discovered within, and is subject to export control by, the State Party. For purposes of this paragraph-(i) no object may be considered to be an object of archaeological interest unless such object-(I) is of cultural significance;(II) is at least two hundred and fifty years old; and(III) was normally discovered as a result of scientific excavation, clandestine or accidental digging, or exploration on land or under water; and(ii) no object may be considered to be an object of ethnological interest unless such object is-(I) the product of a tribal or nonindustrial society, and(II) important to the cultural heritage of a people because of its distinctive characteristics, comparative rarity, or its contribution to the knowledge of the origins, development, or history of that people.
- cultural property
- The term "cultural property" includes articles described in article 1(a) through (k) of the Convention whether or not any such article is specifically designated as such by any State Party for the purposes of such article.