§ 2603. — Emergency implementation of import restrictions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2603]
TITLE 19--CUSTOMS DUTIES
CHAPTER 14--CONVENTION ON CULTURAL PROPERTY
Sec. 2603. Emergency implementation of import restrictions
(a) ``Emergency condition'' defined
For purposes of this section, the term ``emergency condition''
means, with respect to any archaeological 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 fragmentation;
(2) identifiable as coming from any site recognized to be of
high cultural significance if such site is in jeopardy from pillage,
dismantling, dispersal, or fragmentation which is, or threatens to
be, of crisis proportions; or
(3) a part of the remains of a particular culture 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
incentive for such pillage, dismantling, dispersal or fragmentation.
(b) Presidential action
Subject to subsection (c) of this section, if the President
determines that an emergency condition applies with respect to any
archaeological or ethnological material of any State Party, the
President 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 section with respect to the
archaeological or ethnological materials of any State Party unless the
State Party has made a request described in section 2602(a) of this
title to the United States and has supplied information which supports a
determination that an emergency condition exists.
(2) In taking action under subsection (b) of this section with
respect to any State Party, the President shall consider the views and
recommendations contained in the Committee report required under section
2605(f)(3) of this title if the report is submitted 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 section to the archaeological or ethnological
materials 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 extended 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. However, 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 restrictions shall be extended.
(4) The import restrictions under this section may continue to apply
in whole or in part, if before their expiration under paragraph (3),
there has entered into force with respect to the archaeological or
ethnological materials an agreement under section 2602 of this title or
an agreement 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, Sec. 304, Jan. 12, 1983, 96 Stat. 2354.)
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 2601, 2602, 2604, 2605 of
this title.
