§ 2609. — Seizure and forfeiture.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2609]
TITLE 19--CUSTOMS DUTIES
CHAPTER 14--CONVENTION ON CULTURAL PROPERTY
Sec. 2609. Seizure and forfeiture
(a) In general
Any designated archaeological or ethnological material or article of
cultural property, as the case may be, which is imported into the United
States in violation of section 2606 of this title or section 2607 of
this title shall be subject to seizure and forfeiture. All provisions of
law relating to seizure, forfeiture, and condemnation for violation of
the customs laws shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under this chapter, insofar as such
provisions of law are applicable to, and not inconsistent with, the
provisions of this chapter.
(b) Archaeological and ethnological material
Any designated archaeological or ethnological material which is
imported into the United States in violation of section 2606 of this
title and which is forfeited to the United States under this chapter
shall--
(1) first be offered for return to the State Party;
(2) if not returned to the State Party, be returned to a
claimant with respect to whom the material was forfeited if that
claimant establishes--
(A) valid title to the material,
(B) that the claimant is a bona fide purchaser for value of
the material; or
(3) if not returned to the State Party under paragraph (1) or to
a claimant under paragraph (2), be disposed of in the manner
prescribed by law for articles forfeited for violation of the
customs laws.
No return of material may be made under paragraph (1) or (2) unless the
State Party or claimant, as the case may be, bears the expenses incurred
incident to the return and delivery, and complies with such other
requirements relating to the return as the Secretary shall prescribe.
(c) Articles of cultural property
(1) In any action for forfeiture under this section regarding an
article of cultural property imported into the United States in
violation of section 2607 of this title, if the claimant establishes
valid title to the article, under applicable law, as against the
institution from which the article was stolen, forfeiture shall not be
decreed unless the State Party to which the article is to be returned
pays the claimant just compensation for the article. In any action for
forfeiture under this section where the claimant does not establish such
title but establishes that it purchased the article for value without
knowledge or reason to believe it was stolen, forfeiture shall not be
decreed unless--
(A) the State Party to which the article is to be returned pays
the claimant an amount equal to the amount which the claimant paid
for the article, or
(B) the United States establishes that such State Party, as a
matter of law or reciprocity, would in similar circumstances recover
and return an article stolen from an institution in the United
States without requiring the payment of compensation.
(2) Any article of cultural property which is imported into the
United States in violation of section 2607 of this title and which is
forfeited to the United States under this chapter shall--
(A) first be offered for return to the State Party in whose
territory is situated the institution referred to in section 2607 of
this title and shall be returned if that State Party bears the
expenses incident to such return and delivery and complies with such
other requirements relating to the return as the Secretary
prescribes; or
(B) if not returned to such State Party, be disposed of in the
manner prescribed by law for articles forfeited for violation of the
customs laws.
(Pub. L. 97-446, title III, Sec. 310, Jan. 12, 1983, 96 Stat. 2360.)
References in Text
The customs laws, referred to in subsecs. (a), (b)(3), and
(c)(2)(B), are classified generally to this title.
Codification
Section 2607 of this title, referred to in subsec. (c)(1), was in
the original ``section 208'', and was translated as section 2607 of this
title, which is section 308 of Pub. L. 97-446, as the probable intent of
Congress.
Section Referred to in Other Sections
This section is referred to in section 2606 of this title.
