§ 2606. — 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: 19USC2606]
TITLE 19--CUSTOMS DUTIES
CHAPTER 14--CONVENTION ON CULTURAL PROPERTY
Sec. 2606. Import restrictions
(a) Documentation of lawful exportation
No designated archaeological or ethnological material that is
exported (whether or not such exportation is to the United States) from
the State Party after the designation of such material under section
2604 of this title may be imported into the United States unless the
State Party issues a certification or other documentation which
certifies that such exportation was not in violation of the laws of the
State Party.
(b) Customs action in absence of documentation
If the consignee of any designated archaeological or ethnological
material is unable to present to the customs officer concerned at the
time of making entry of such material--
(1) the certificate or other documentation of the State Party
required under subsection (a) of this section; or
(2) satisfactory evidence that such material was exported from
the State Party--
(A) not less than ten years before the date of such entry
and that neither the person for whose account the material is
imported (or any related person) contracted for or acquired an
interest, directly or indirectly, in such material more than one
year before that date of entry, or
(B) on or before the date on which such material was
designated under section 2604 of this title,
the customs officer concerned shall refuse to release the material from
customs custody and send it to a bonded warehouse or store to be held at
the risk and expense of the consignee, notwithstanding any other
provision of law, until such documentation or evidence is filed with
such officer. If such documentation or evidence is not presented within
ninety days after the date on which such material is refused release
from customs custody, or such longer period as may be allowed by the
Secretary for good cause shown, the material shall be subject to seizure
and forfeiture. The presentation of such documentation or evidence shall
not bar subsequent action under section 2609 of this title.
(c) ``Satisfactory evidence'' defined
The term ``satisfactory evidence'' means--
(1) for purposes of subsection (b)(2)(A) of this section--
(A) one or more declarations under oath by the importer, or
the person for whose account the material is imported, stating
that, to the best of his knowledge--
(i) the material was exported from the State Party not
less than ten years before the date of entry into the United
States, and
(ii) neither such importer or person (or any related
person) contracted for or acquired an interest, directly or
indirectly, in such material more than one year before the
date of entry of the material; and
(B) a statement provided by the consignor, or person who
sold the material to the importer, which states the date, or, if
not known, his belief, that the material was exported from the
State Party not less than ten years before the date of entry
into the United States, and the reasons on which the statement
is based; and
(2) for purposes of subsection (b)(2)(B) of this section--
(A) one or more declarations under oath by the importer or
the person for whose account the material is to be imported,
stating that, to the best of his knowledge, the material was
exported from the State Party on or before the date such
material was designated under section 2604 of this title, and
(B) a statement by the consignor or person who sold the
material to the importer which states the date, or if not known,
his belief, that the material was exported from the State Party
on or before the date such material was designated under section
2604 of this title, and the reasons on which the statement is
based.
(d) Related persons
For purposes of subsections (b) and (c) of this section, a person
shall be treated as a related person to an importer, or to a person for
whose account material is imported, if such person--
(1) is a member of the same family as the importer or person of
account, including, but not limited to, membership as a brother or
sister (whether by whole or half blood), spouse, ancestor, or lineal
descendant;
(2) is a partner or associate with the importer or person of
account in any partnership, association, or other venture; or
(3) is a corporation or other legal entity in which the importer
or person of account directly or indirectly owns, controls, or holds
power to vote 20 percent or more of the outstanding voting stock or
shares in the entity.
(Pub. L. 97-446, title III, Sec. 307, Jan. 12, 1983, 96 Stat. 2358.)
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 2602, 2603, 2604, 2608,
2609, 2610 of this title.
