§ 2605. — Cultural Property Advisory Committee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2605]
TITLE 19--CUSTOMS DUTIES
CHAPTER 14--CONVENTION ON CULTURAL PROPERTY
Sec. 2605. Cultural Property Advisory Committee
(a) Establishment
There is established the Cultural Property Advisory Committee.
(b) Membership
(1) The Committee shall be composed of eleven members appointed by
the President as follows:
(A) Two members representing the interests of museums.
(B) Three members who shall be experts in the fields of
archaeology, anthropology, ethnology, or related areas.
(C) Three members who shall be experts in the international sale
of archaeological, ethnological, and other cultural property.
(D) Three members who shall represent the interest of the
general public.
(2) Appointments made under paragraph (1) shall be made in such a
manner so as to insure--
(A) fair representation of the various interests of the public
sectors and the private sectors in the international exchange of
archaeological and ethnological materials, and
(B) that within such sectors, fair representation is accorded to
the interests of regional and local institutions and museums.
(3)(A) Members of the Committee shall be appointed for terms of
three years and may be reappointed for one or more terms. With respect
to the initial appointments, the President shall select, on a
representative basis to the maximum extent practicable, four members to
serve three-year terms, four members to serve two-year terms, and the
remaining members to serve a one-year term. Thereafter each appointment
shall be for a three-year term.
(B)(i) A vacancy in the Committee shall be filled in the same manner
as the original appointment was made and for the unexpired portion of
the term, if the vacancy occurred during a term of office. Any member of
the Committee may continue to serve as a member of the Committee after
the expiration of his term of office until reappointed or until his
successor has been appointed.
(ii) The President shall designate a Chairman of the Committee from
the members of the Committee.
(c) Expenses
The members of the Committee shall be reimbursed for actual expenses
incurred in the performance of duties for the Committee.
(d) Transaction of business
Six of the members of the Committee shall constitute a quorum. All
decisions of the Committee shall be by majority vote of the members
present and voting.
(e) Staff and administration
(1) The Director of the United States Information Agency shall make
available to the Committee such administrative and technical support
services and assistance as it may reasonably require to carry out its
activities. Upon the request of the Committee, the head of any other
Federal agency may detail to the Committee, on a reimbursable basis, any
of the personnel of such agency to assist the Committee in carrying out
its functions, and provide such information and assistance as the
Committee may reasonably require to carry out its activities.
(2) The Committee shall meet at the call of the Director of the
United States Information Agency, or when a majority of its members
request a meeting in writing.
(f) Reports by Committee
(1) The Commitee \1\ shall, with respect to each request of a State
Party referred to in section 2602(a) of this title, undertake an
investigation and review with respect to matters referred to in section
2602(a)(1) of this title as they relate to the State Party or the
request and shall prepare a report setting forth--
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\1\ So in original. Probably should be ``Committee''.
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(A) the results of such investigation and review;
(B) its findings as to the nations individually having a
significant import trade in the relevant material; and
(C) its recommendation, together with the reasons therefor, as
to whether an agreement should be entered into under section 2602(a)
of this title with respect to the State Party.
(2) The Committee shall, with respect to each agreement proposed to
be extended by the President under section 2602(e) of this title,
prepare a report setting forth its recommendations together with the
reasons therefor, as to whether or not the agreement should be extended.
(3) The Committee shall in each case in which the Committee finds
that an emergency condition under section 2603 of this title exists
prepare a report setting forth its recommendations, together with the
reasons therefor, as to whether emergency action under section 2603 of
this title should be implemented. If any State Party indicates in its
request under section 2602(a) of this title that an emergency condition
exists and the Committee finds that such a condition does not exist, the
Committee shall prepare a report setting forth the reasons for such
finding.
(4) Any report prepared by the Committee which recommends the
entering into or the extension of any agreement under section 2602 of
this title or the implementation of emergency action under section 2603
of this title shall set forth--
(A) such terms and conditions which it considers necessary and
appropriate to include within such agreement, or apply with respect
to such implementation, for purposes of carrying out the intent of
the Convention; and
(B) such archaeological or ethnological material of the State
Party, specified by type or such other classification as the
Committee deems appropriate, which should be covered by such
agreement or action.
(5) If any member of the Committee disagrees with respect to any
matter in any report prepared under this subsection, such member may
prepare a statement setting forth the reasons for such disagreement and
such statement shall be appended to, and considered a part of, the
report.
(6) The Committee shall submit to the Congress and the President a
copy of each report prepared by it under this subsection.
(g) Committee review
(1) In general
The Committee shall undertake a continuing review of the
effectiveness of agreements under section 2602 of this title that
have entered into force with respect to the United States, and of
emergency action implemented under section 2603 of this title.
(2) Action by Committee
If the Committee finds, as a result of such review, that--
(A) cause exists for suspending, under section 2602(d) of
this title, the import restrictions imposed under an agreement;
(B) any agreement or emergency action is not achieving the
purposes for which entered into or implemented; or
(C) changes are required to this chapter in order to
implement fully the obligations of the United States under the
Convention;
the Committee may submit a report to the Congress and the President
setting forth its recommendations for suspending such import
restrictions or for improving the effectiveness of any such
agreement or emergency action or this chapter.
(h) Federal Advisory Committee Act
The provisions of the Federal Advisory Committee Act (Public Law 92-
463; 5 U.S.C. Appendix) shall apply to the Committee except that the
requirements of subsections (a) and (b) of section 10 and section 11 of
such Act (relating to open meetings, public notice, public
participation, and public availability of documents) shall not apply to
the Committee, whenever and to the extent it is determined by the
President or his designee that the disclosure of matters involved in the
Committee's proceedings would compromise the Government's negotiating
objectives or bargaining positions on the negotiations of any agreement
authorized by this chapter.
(i) Confidential information
(1) In general
Any information (including trade secrets and commercial or
financial information which is privileged or confidential) submitted
in confidence by the private sector to officers or employees of the
United States or to the Committee in connection with the
responsibilities of the Committee shall not be disclosed to any
person other than to--
(A) officers and employees of the United States designated
by the Director of the United States Information Agency;
(B) members of the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate
who are designated by the chairman of either such Committee and
members of the staff of either such Committee designated by the
chairman for use in connection with negotiation of agreements or
other activities authorized by this chapter; and
(C) the Committee established under this chapter.
(2) Governmental information
Information submitted in confidence by officers or employees of
the United States to the Committee shall not be disclosed other than
in accordance with rules issued by the Director of the United States
Information Agency, after consultation with the Committee. Such
rules shall define the categories of information which require
restricted or confidential handling by such Committee considering
the extent to which public disclosure of such information can
reasonably be expected to prejudice the interests of the United
States. Such rules shall, to the maximum extent feasible, permit
meaningful consultations by Committee members with persons affected
by proposed agreements authorized by this chapter.
(j) No authority to negotiate
Nothing contained in this section shall be construed to authorize or
to permit any individual (not otherwise authorized or permitted) to
participate directly in any negotiation of any agreement authorized by
this chapter.
(Pub. L. 97-446, title III, Sec. 306, Jan. 12, 1983, 96 Stat. 2356; Pub.
L. 100-204, title III, Sec. 307(a), (b), Dec. 22, 1987, 101 Stat. 1380.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (h), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Amendments
1987--Subsec. (b)(3)(A). Pub. L. 100-204, Sec. 307(a), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``Members of the Committee 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, Sec. 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 appointment was made.''
Effective Date of 1987 Amendment
Section 307(c) of Pub. L. 100-204 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].''
Transfer of Functions
United States Information Agency (other than Broadcasting Board of
Governors and International Broadcasting Bureau) abolished and functions
transferred to Secretary of State, see sections 6531 and 6532 of Title
22, Foreign Relations and Intercourse.
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, 2603 of this
title.
