Section 2611 - Certain material and articles exempt from this chapterThe provisions of this chapter shall not apply to-
(1) any archaeological or ethnological material or any article of cultural property which is imported into the United States for temporary exhibition or display if such material or article is immune from seizure under judicial process pursuant to section 2459 of title 22; or(2) any designated archaeological or ethnological material or any article of cultural property imported into the United States if such material or article-(A) has been held in the United States for a period of not less than three consecutive years by a recognized museum or religious or secular monument or similar institution, and was purchased by that institution for value, in good faith, and without notice that such material or article was imported in violation of this chapter, but only if-(i) the acquisition of such material or article has been reported in a publication of such institution, any regularly published newspaper or periodical with a circulation of at least fifty thousand, or a periodical or exhibition catalog which is concerned with the type of article or materials sought to be exempted from this chapter,(ii) such material or article has been exhibited to the public for a period or periods aggregating at least one year during such three-year period, or(iii) such article or material has been cataloged and the catalog material made available upon request to the public for at least two years during such three-year period;(B) if subparagraph (A) does not apply, has been within the United States for a period of not less than ten consecutive years and has been exhibited for not less than five years during such period in a recognized museum or religious or secular monument or similar institution in the Unites 1 States open to the public; or(C) if subparagraphs (A) and (B) do not apply, has been within the United States for a period of not less than ten consecutive years and the State Party concerned has received or should have received during such period fair notice (through such adequate and accessible publication, or other means, as the Secretary shall by regulation prescribe) of its location within the United States; and(D) if none of the preceding subparagraphs apply, has been within the United States for a period of not less than twenty consecutive years and the claimant establishes that it purchased the material or article for value without knowledge or reason to believe that it was imported in violation of law.1 So in original. Probably should be "United".
Pub. L. 97-446, title III, §312, Jan. 12, 1983, 96 Stat. 2362.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.
- 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.
- 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.
- designated archaeological or ethnological material
- The term "designated archaeological or ethnological material" means any archaeological or ethnological material of the State Party which-(A) is-(i) covered by an agreement under this chapter that enters into force with respect to the United States, or(ii) subject to emergency action under section 2603 of this title, and(B) is listed by regulation under section 2604 of this title.