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Code · BILL · 114th Congress · S. 1887 (Introduced in Senate) — To protect and preserve international cultural property at risk due to political instability, armed conflict, or natu... · Sec. 8

Sec. 8. Emergency protection for Syrian cultural property

593 words·~3 min read·/bill/114/s/1887/is/section-8

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Notwithstanding subsection
(b)of section 304 of the Convention on Cultural Property Implementation Act ( 19 U.S.C. 2603 ) (relating to a Presidential determination that an emergency condition applies with respect to any archaeological or ethnological material of any State Party to the Convention), the President shall apply the import restrictions referred to in such section 304 with respect to any archaeological or ethnological material of Syria, except that subsection
(c)of such section 304 shall not apply. Such import restrictions shall take effect not later than 120 days after the date of the enactment of this Act. The President shall, not less often than annually, determine whether at least one of the conditions specified in subparagraph
(B)is met, and shall notify the appropriate congressional committees of such determination. The conditions referred to in subparagraph
(A)are the following: The Government of Syria is incapable, at the time a determination under such subparagraph is made, of fulfilling the requirements to request an agreement under section 303 of the Convention on Cultural Property Implementation Act ( 19 U.S.C. 2602 ). It would be against the United States national interest to enter into such an agreement. The import restrictions referred to in subsection
(a)shall terminate on the date that is 5 years after the date on which the President determines that neither of the conditions specified in paragraph (1)(B) are met, unless before such termination date Syria requests to enter into an agreement with the United States pursuant to section 303 of the Convention on Cultural Property Implementation Act, in which case such import restrictions may remain in effect until the earliest of either— the date that is 3 years after the date on which Syria makes such a request; or the date on which the United States and Syria enter into such an agreement. The President may waive the import restrictions referred to in subsection
(a)for specified cultural property if the President certifies to the appropriate congressional committees that the conditions described in paragraph
(2)are met. The conditions referred to in paragraph
(1)are the following: The foreign owner or custodian of the specified cultural property has requested such property be temporarily located in the United States for protection purposes. Such property shall be returned to the foreign owner or custodian when requested by such foreign owner or custodian. Granting a waiver under this subsection will not contribute to illegal trafficking in cultural property or financing of criminal or terrorist activities. If the President grants a waiver under this subsection, the specified cultural property that is the subject of such waiver shall be placed in the temporary custody of the United States Government or in the temporary custody of a cultural or educational institution within the United States for the purpose of protection, restoration, conservation, study, or exhibition, without profit. Nothing in this Act shall prevent application of the Act to render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition, and for other purposes ( 22 U.S.C. 2459 ; Public Law 89–259 ) with respect to archaeological or ethnological material of Syria. In this section— the term archaeological or ethnological material of Syria means cultural property of Syria and other items of archaeological, historical, cultural, rare scientific, or religious importance unlawfully removed from Syria on or after March 15, 2011; and the term State Party has the meaning given such term in section 302 of the Convention on Cultural Property Implementation Act ( 19 U.S.C. 2601 ).
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  • Pub. L. 89-259
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cites case law
Sec. 8
Emergency protection for Syrian cultural property
U.S.C.§ 2603
U.S.C.§ 2602
U.S.C.§ 2459
U.S.C.§ 2601
Pub. L.Pub. L. 89-259
Cites 5Cited by 0 across 0 sources
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