§ 2602. — Agreements to implement Article 9 of the convention.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2602]
TITLE 19--CUSTOMS DUTIES
CHAPTER 14--CONVENTION ON CULTURAL PROPERTY
Sec. 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 measures consistent with
the Convention to protect its cultural patrimony;
(C) that--
(i) 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, if applied in
concert with similar restrictions implemented, or to be
implemented within a reasonable period of time, by those
nations (whether or not State Parties) individually 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 application of the
restrictions set forth in such section are not available;
and
(D) that the application of the import restrictions set
forth in section 2606 of this title in the particular
circumstances is consistent with the general interest of the
international community in the interchange of cultural property
among nations for scientific, 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 archaeological 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 paragraph
(1)(A); or
(B) a multilateral agreement with the State Party and with
one or more other nations (whether or not a State Party) under
which the United States will apply such restrictions, 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 relate to those
matters with respect to which determinations must be made under
subparagraphs (A) through (D) of paragraph (1).
(4) Implementation
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.
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\1\ So in original. Probably should be ``exchange''.
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(b) Effective period
The President may not enter into any agreement under subsection (a)
of this section 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 subsection (a) of this section 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.
(2) Exception to restrictions
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--
(A) such restrictions are not essential to deter a serious
situation of pillage, and
(B) the application of the import restrictions set forth in
section 2606 of this title in concert with similar restrictions
implemented, or to be implemented, by other nations (whether or
not State Parties) individually having a significant import
trade in such material would be of substantial benefit in
deterring a serious situation of pillage.
(d) Suspension of import restrictions under agreements
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) of this
section) having significant import trade in the archaeological and
ethnological material covered by the agreement--
(1) have not implemented within a reasonable 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 substantial 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 appropriate 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) of this section
which justified the entering into of the agreement still pertain,
and
(2) no cause for suspension under subsection (d) of this section
exists.
(f) Procedures
If any request described in subsection (a) of this section is made
by a State Party, or if the President proposes to extend any agreement
under subsection (e) of this section, the President shall--
(1) publish notification of the request or proposal in the
Federal Register;
(2) submit to the Committee such information regarding the
request or proposal (including, 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
Committee 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) of this section, or
(B) applies import restrictions under section 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 contain--
(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 recommendations
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.
(Pub. L. 97-446, title III, Sec. 303, Jan. 12, 1983, 96 Stat. 2352.)
Codification
Section 2603 of this title, referred to in subsec. (g)(1)(B), was in
the original ``section 204'', and was translated as section 2602 of this
title, which is section 304 of Pub. L. 97-446, as the probable intent of
Congress.
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, Sec. 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.]
Section Referred to in Other Sections
This section is referred to in sections 2603, 2604, 2605 of this
title.
