§ 2602. Agreements to implement Article 9 of the convention

2,142 words·~10 min read·/usc/title-19/section-2602

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(a)Agreement authority

(1)In general If the President determines, after request is made to the United States under article 9 of the Convention by any State Party—

(A)that the cultural patrimony of the State Party is in jeopardy from the pillage of archaeological or ethnological materials of the State Party;

(B)that the State Party has taken measures consistent with the Convention to protect its cultural patrimony;

(C)that—

(i)the application of the import restrictions set forth in section 2606 of this title with respect to archaeological or ethnological material of the State Party, if applied in concert with similar restrictions implemented, or to be implemented within a reasonable period of time, by those nations (whether or not State Parties) individually having a significant import trade in such material, would be of substantial benefit in deterring a serious situation of pillage, and

(ii)remedies less drastic than the application of the restrictions set forth in such section are not available; and

(D)that the application of the import restrictions set forth in section 2606 of this title in the particular circumstances is consistent with the general interest of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes;

the President may, subject to the provisions of this chapter, take the actions described in paragraph (2).

(2)Authority of President For purposes of paragraph (1), the President may enter into—

(A)a bilateral agreement with the State Party to apply the import restrictions set forth in section 2606 of this title to the archaeological or ethnological material of the State Party the pillage of which is creating the jeopardy to the cultural patrimony of the State Party found to exist under paragraph (1)(A); or

(B)a multilateral agreement with the State Party and with one or more other nations (whether or not a State Party) under which the United States will apply such restrictions, and the other nations will apply similar restrictions, with respect to such material.

(3)Requests A request made to the United States under article 9 of the Convention by a State Party must be accompanied by a written statement of the facts known to the State Party that relate to those matters with respect to which determinations must be made under subparagraphs

(A)through

(D)of paragraph (1).

(4)Implementation In implementing this subsection, the President should endeavor to obtain the commitment of the State Party concerned to permit the exhange 1 of its archaeological and ethnological materials under circumstances in which such exchange does not jeopardize its cultural patrimony.

(b)Effective period The President may not enter into any agreement under subsection

(a)which has an effective period beyond the close of the five-year period beginning on the date on which such agreement enters into force with respect to the United States.

(c)Restrictions on entering into agreements

(1)In general The President may not enter into a bilateral or multilateral agreement authorized by subsection

(a)unless the application of the import restrictions set forth in section 2606 of this title with respect to archaeological or ethnological material of the State Party making a request to the United States under article 9 of the Convention will be applied in concert with similar restrictions implemented, or to be implemented, by those nations (whether or not State Parties) individually having a significant import trade in such material.

(2)Exception to restrictions Notwithstanding paragraph (1), the President may enter into an agreement if he determines that a nation individually having a significant import trade in such material is not implementing, or is not likely to implement, similar restrictions, but—

(A)such restrictions are not essential to deter a serious situation of pillage, and

(B)the application of the import restrictions set forth in section 2606 of this title in concert with similar restrictions implemented, or to be implemented, by other nations (whether or not State Parties) individually having a significant import trade in such material would be of substantial benefit in deterring a serious situation of pillage.

(d)Suspension of import restrictions under agreements If, after an agreement enters into force with respect to the United States, the President determines that a number of parties to the agreement (other than parties described in subsection (c)(2)) having significant import trade in the archaeological and ethnological material covered by the agreement—

(1)have not implemented within a reasonable period of time import restrictions that are similar to those set forth in section 2606 of this title, or

(2)are not implementing such restrictions satisfactorily with the result that no substantial benefit in deterring a serious situation of pillage in the State Party concerned is being obtained,

the President shall suspend the implementation of the import restrictions under section 2606 of this title until such time as the nations take appropriate corrective action.

(e)Extension of agreements The President may extend any agreement that enters into force with respect to the United States for additional periods of not more than five years each if the President determines that—

(1)the factors referred to in subsection (a)(1) which justified the entering into of the agreement still pertain, and

(2)no cause for suspension under subsection

(d)exists.

(f)Procedures If any request described in subsection

(a)is made by a State Party, or if the President proposes to extend any agreement under subsection (e), the President shall—

(1)publish notification of the request or proposal in the Federal Register;

(2)submit to the Committee such information regarding the request or proposal (including, if applicable, information from the State Party with respect to the implementation of emergency action under section 2603 of this title) as is appropriate to enable the Committee to carry out its duties under section 2605(f) of this title; and

(3)consider, in taking action on the request or proposal, the views and recommendations contained in any Committee report—

(A)required under section 2605(f)(1) or

(2)of this title, and

(B)submitted to the President before the close of the one-hundred-and-fifty-day period beginning on the day on which the President submitted information on the request or proposal to the Committee under paragraph (2).

(g)Information on Presidential action

(1)In general In any case in which the President—

(A)enters into or extends an agreement pursuant to subsection

(a)or (e), or

(B)applies import restrictions under section 2603 of this title,

the President shall, promptly after taking such action, submit a report to the Congress.

(2)Report The report under paragraph

(1)shall contain—

(A)a description of such action (including the text of any agreement entered into),

(B)the differences (if any) between such action and the views and recommendations contained in any Committee report which the President was required to consider, and

(C)the reasons for any such difference.

(3)Information relating to committee recommendations If any Committee report required to be considered by the President recommends that an agreement be entered into, but no such agreement is entered into, the President shall submit to the Congress a report which contains the reasons why such agreement was not entered into.

(Pub. L. 97–446, title III, § 303, Jan. 12, 1983, 96 Stat. 2352.)