Sec. 3. EMERGENCY PROTECTION FOR SYRIAN CULTURAL PROPERTY
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## SEC. 3 EMERGENCY PROTECTION FOR SYRIAN CULTURAL PROPERTY ###
(a)In general The President shall exercise the authority of the President under section 304 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2603) to impose import restrictions set forth in section 307 of that Act (19 U.S.C. 2606) with respect to any archaeological or ethnological material of Syria— ####
(1)not later than 90 days after the date of the enactment of this Act; ####
(2)without regard to whether Syria is a State Party (as defined in section 302 of that Act (19 U.S.C. 2601)); and ####
(3)notwithstanding— #####
(A)the requirement of subsection
(b)of section 304 of that Act (19 U.S.C. 2603(b)) that an emergency condition (as defined in subsection
(a)of that section) applies; and #####
(B)the limitations under subsection
(c)of that section. ###
(b)Annual Determination Regarding Certification ####
(1)Determination #####
(A)In general The President shall, not less often than annually, determine whether at least 1 of the conditions specified in subparagraph
(B)is met, and shall notify the appropriate congressional committees of such determination. #####
(B)Conditions The conditions referred to in subparagraph
(A)are the following: ######
(i)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), including the requirements under subsection (a)(3) of that section. ######
(ii)It would be against the United States national interest to enter into such an agreement. ####
(2)Termination of restrictions #####
(A)In general Except as provided in subparagraph (B), 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. #####
(B)Request for termination If Syria requests to enter into an agreement with the United States pursuant to section 303 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2602) on or after the date on which the President determines that neither of the conditions specified in paragraph (1)(B) are met, the import restrictions referred to in subsection
(a)shall terminate on the earlier of— ######
(i)the date that is 3 years after the date on which Syria makes such a request; or ######
(ii)the date on which the United States and Syria enter into such an agreement. ###
(c)Waiver ####
(1)In general The President may waive the import restrictions referred to in subsection
(a)for specified archaeological and ethnological material of Syria if the President certifies to the appropriate congressional committees that the conditions described in paragraph
(2)are met. ####
(2)Conditions The conditions referred to in paragraph
(1)are the following: #####
(A)######
(i)The owner or lawful custodian of the specified archaeological or ethnological material of Syria has requested that such material be temporarily located in the United States for protection purposes; or ######
(ii)if no owner or lawful custodian can reasonably be identified, the President determines that, for purposes of protecting and preserving such material, the material should be temporarily located in the United States. #####
(B)Such material shall be returned to the owner or lawful custodian when requested by such owner or lawful custodian. #####
(C)There is no credible evidence that granting a waiver under this subsection will contribute to illegal trafficking in archaeological or ethnological material of Syria or financing of criminal or terrorist activities. ####
(3)Action If the President grants a waiver under this subsection, the specified archaeological or ethnological material of Syria 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. ####
(4)Immunity from seizure Any archaeological or ethnological material that enters the United States pursuant to a waiver granted under this section shall have immunity from seizure under Public Law 89-259 (22 U.S.C. 2459). All provisions of Public Law 89-259 shall apply to such material as if immunity from seizure had been granted under that Public Law. ###
(d)Definitions In this section: ####
(1)Appropriate congressional committees The term “appropriate congressional committees” means— #####
(A)the Committee on Foreign Relations and the Committee on Finance of the Senate; and #####
(B)the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives. ####
(2)Archaeological or ethnological material of syria The term “archaeological or ethnological material of Syria” means cultural property (as defined in section 302 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601)) that is unlawfully removed from Syria on or after March 15, 2011.
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- Pub. L. 89-259
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Sec. 3
EMERGENCY PROTECTION FOR SYRIAN CULTURAL PROPERTY
Pub. L.Pub. L. 89-259
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