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JGR/Cultural Property Review Board (2 of 4)
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JGR/Cultural Property Review Board (2 of 4)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Cultural Property Review Board
(2 of 4)
Box: 15
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
News Release
United States Information Agency
Washington, D.C. 20547
USIA
EMBARGOED FOR USE - OCT. 2 11:00 A.M.
CONTACT: Lois Herrmann
PHONE:
(202) 485-2355
CANADA FILES FIRST REQUEST TO U.S.
FOR PROTECTION OF ENDANGERED ARTIFACTS
WASHINGTON, Oct. 2 -- The Canadian government has formally asked the
United States to impose import restrictions against certain endangered
Canadian archaeological and ethnological artifacts. Canada is the first
country to submit such a request under the terms of the U.S. Cultural Property
Act (PL 97-446).
The request was delivered personally to Charles Z. Wick, director of the
U.S. Information Agency, by Dr. Jean Sutherland Boggs on behalf of the
Government of Canada. Dr. Sutherland Boggs, special advisor for cultural
affairs to the Canadian minister of communications, is a former director of
the National Gallery of Canada and has had a long and distinguished career in
the museum field. She was accompanied at the presentation by Canadian
ambassador to the United States, Allan Gotlieb.
The Cultural Property Act, signed by President Reagan in 1983, implements
U.S. acceptance of the 1970 UNESCO Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural
Property. The convention received unanimous advice and consent from the U.S.
Senate in 1972.
As required by the act, the Canadian written request, with accompanying
documentation of need for assistance, will be reviewed by USIA's Cultural
Property Advisory Committee before recommendations are submitted to the
President for executive action.
-2-
The Cultural Property Advisory Committee, appointed by the President, is
made up of experts in archaeology, ethnology, anthropology and the
international sale of art, as well as representatives of the museum community
and general public. The committee is chaired by Michael J. Kelly, chairman
and chief executive officer of Kelco Industries in Woodstock, Ill.
The 1970 UNESCO convention rose from a growing international concern that
the high demand for cultural objects in the art market had generated rampant
pillaging of archaeological sites, destroying countries' cultural heritages.
Countries that have ratified the 1970 UNESCO Convention are eligible to
submit requests for U.S. import restrictions to protect archaeological and
ethnological objects that comprise their cultural patrimony. In order to be
considered for import restrictions, an archaeological object must be of
cultural significance, at least 250 years old, and normally discovered as a
result of scientific excavation, accidental digging, or exploration on land or
under water. An ethnological object must be the product of a tribal or
non-industrial society and important to the cultural heritage of a people.
The President will receive a report on the committee's findings and will
make the final decision as to whether the U.S. should enter into an agreement
with the requesting country to impose import restrictions against the cultural
items in the request.
The U.S. Information Agency, an independent agency within the Executive
Branch, is responsible for the U.S. Government's overseas information and
cultural programs, including the Voice of America, WORLDNET television
service, magazines, exhibitions, and the Fulbright scholarship program. USIA
also administers a variety of other exchange activities involving American
artists, sports professionals, and high school youths.
#####
(85-95-0545R)
The Cultural Property Act
What It Means for Museums
Maria Papageorge Kouroupas
and Ann J. Guthrie
P
illage and illicit appropriation of cultural property
are nothing new. Conquering armies, diplomats,
amateur archeologists and tourists have had a
hand in it for generations going back to Roman
times. But only in the late 1960s and 1970s did the argu-
ment that pillaging produces an irretrievable loss to schol-
arship and strips a nation of its cultural identity gain wide
enough attention SO that serious consideration was given
this insidious problem. The swelling illicit art market has
grown, by some estimates, to one billion dollars-second
only to the narcotics trade in dollar value.
As the 97th Congress drew to a close, it passed a land-
mark bill placing the United States at the forefront of the
international effort to curb pillaging and illicit trafficking
of cultural property. President Reagan signed the bill into
law on January 12, 1983 - the culmination of more than a
decade of debate over proposed U.S. implementation of the
1970 UNESCO Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property. Passage of the Cultural
Warrior Bird, painted wall mural, Teotihuácan, Mexico, 400-700
Property Implementation Act gives the United States the
A.D. Although the Teotihuácan murals had been willed to the
Fine Arts Museums of San Francisco, Mexico fought for their
distinction of being the first major art-importing country
repatriation in 1978, and in accordance with an earlier treaty, half
in the world to implement the UNESCO Convention. A
the murals were to be returned to Mexico.
bold initiative on the part of the United States, this move
makes the convention operational for most of the other 54
scientific interest." The convention was an international
signatory countries whose national patrimony is in
response to the 1960s upsurge in pillaging of archeological
jeopardy from pillage.
sites and of art thefts that parallelled an increased demand
By adopting the convention in 1970, member countries
in the world art market. The 1970 convention represents a
of the United Nations Educational, Scientific and Cultural
worldwide consensus that this demand has spawned abject
Organization made manifest their constitutional charge:
destruction of such sites and has led to the creation of a
"Preservation and protection of the universal heritage of
sophisticated illicit network of trade in materials from
books, works of art and other monuments of historical and
them. At the same time, museum development programs
have grown in countries whose national patrimony is in
MARIA PAPAGEORGE KOUROUPAS is deputy director of the
Cultural Property Advisory Committee, administered by the
jeopardy from pillage. New museum projects in the Middle
United States Information Agency. She was the AAM/ICOM
East, North Africa and Asia represent an effort to preserve
program coordinator. ANNJ. GUTHRIEIS executive director of
cultural identity and promote heritage awareness among
the Cultural Property Advisory Committee of the USIA. She
native populations. Increasingly, countries are taking ac-
previously worked for the National Endowment for the Arts
tion on a national level to safeguard their cultural heritage,
and on the presidential speechwriting and public liaison staffs
and in recent years a strengthening of national legislation
in the Reagan White House.
is evident. For example, Mexico has placed all cultural
patrimony under the control of the state and is now exer-
cising stringent export controls. Canada's Cultural Prop-
erty Export and Import Act (1978) provides for an export
control list protecting Canada's patrimony while at the
same time restricting the importation of unlicensed
cultural property from countries that are party to the
UNESCO Convention.
An Ever-Present Problem
In Art Theft: Its Scope, Its Impact and Its Control. Bon-
nie Burnham asserts that "Art theft is an ever-present
problem in the art community, but one that is rarely dis-
cussed by experts 'Stolen' is not a provenance that has
been frequently encountered in catalogues raisonné."
Burnham continues, "The worldwide expansion of the art
market, manifested in a blossoming of the uses of art ob-
jects by an ever-enlarging public, has carried with it con-
sequent multiplication of the risks of collecting, preserv-
ing, buying and selling art."
Clemency Coggins, specialist in pre-Columbian art,
writing in Art News in 1978, characterizes these risks:
"One may wonder how buying a Maya polychrome
ceramic vessel in New York or Switzerland can be destruc-
tive. That purchase serves to support the international
market in antiquities and tribal art, which in turn finances
the looting of sites and the drain on ethnographic objects
from all over the world. In order for a collector to have [such
Flowering Trees, painted wall mural, Teotihuácan, Mexico,
400-700 A.D. Both the Fine Arts Museums of San Francisco and
a pot], it is necessary to loot many burials to destroy incal-
the National Institute of Anthropology in Mexico are credited
culably valuable cultural evidence and to break the laws of,
with saving the Teotihuácan murals and both share
at the very least, the country of origin."
responsibilities for their care and conservation.
Referring to revelations Coggins made in a 1969 article
about the illicit movement of pre-Columbian art, Paul M.
exercised through the Department of State. This, and the
Bator, author of The International Trade in Art, wrote,
Senate's advice and consent to ratification in 1972, set the
"The cat was thus out of the bag. The respectable part of the
country on a course that ultimately led to the implement-
art world could no longer pretend that the looting of an-
ing of the 1983 legislation. In the intervening years the U.S.
cient art was a matter involving only a few obscure peas-
took independent steps toward amelioration of the prob-
ants, corrupt local officials and unscrupulous dealers.
lem of pillage.
Splendid national treasures, stolen and mutilated, could
The U.S. entered into a treaty of cooperation with
within a few years find their way into the halls of Ameri-
Mexico in 1971 to protect materials "of outstanding im-
ca's most sumptuous museums." This climate of crisis,
portance to the national patrimony." Each country agreed
combined with U.S. State Department concern about the
that on request it would "employ the legal means at its
resultant strain on foreign relations, was the dawn of more
disposal to recover and return from its territory stolen ar-
than a decade of activity that culminated in the passage of
cheological, historical and cultural properties" from the
the 1983 U.S. Cultural Property Implementation Act.
territory of the other. Most important, this treaty au-
It was in 1964 that UNESCO member countries adopted
thorizes the U.S. attorney general, when necessary, to rep-
a Recommendation on the Means of Prohibiting and
resent Mexico in any civil action for recovery of such prop-
Preventing the Illicit Export, Import and Transfer of
erty, giving effect to the ownership laws of the Mexican
Ownership of Cultural Property. They called for bilateral
government.
and multilateral cooperative arrangements that would ef-
On the heels of this move, in 1972 the U.S. government
fectively address the problems of the illicit movement of
passed the Pre-Columbian Monumental and Architectural
cultural property out of the country of origin. With the
Sculpture and Mural Statute prohibiting the importation
subsequent adoption of the 1970 UNESCO Convention a
of such material without an export license issued by the
framework was established. The United States' participa-
country of origin. This statute gives effect to the export
tion in the drafting of the document was considerable and
laws of Mexico and 12 countries in Central and South
and an attempt to overturn it is underfoot. Subsequent
reciprocal agreements between the U.S. and Latin Ameri-
can countries to assist in the recovery of cultural property
find their strength in this ruling.
In a separate case in 1978 involving Teotihuácan murals
that had been willed to the Fine Arts Museums of San
Francisco, Mexico requested that the U.S. attorney general
represent it in an effort to recover the murals under the
terms of the 1971 treaty with the U.S. The matter was
subsequently settled out of court in a manner that brings
credit both to the San Francisco museums and Mexico's
National Institute of Anthropology. The two institutions
agreed that half of the murals would be returned to Mexico.
Selection of the half to be returned would be in accordance
with ICOM's Study on the Principles, Conditions and
Means for Restitution of Cultural Property. It was further
agreed that the murals would be subject to a conservation
program to which Mexico, known worldwide for its exper-
tise in this area, would provide technical assistance. Both
museums agreed to undertake fund-raising responsibility
for the project.
By 1980 there was still no U.S. legislation implementing
the 1970 UNESCO Convention. In its absence a generation
of good-faith measures known as Cultural Property
Recovery Agreements were negotiated between the U.S.
government and Peru, Ecuador and Guatemala. The Peru-
vian agreement was inspired by a case involving the seizure
America and the Caribbean, but delimits U.S. protection
at Washington's Dulles Airport of a shipment of freshly
to pre-Columbian monumental and architectural
dug pre-Columbian objects. The importer, an art dealer,
sculpture and murals.
had violated a customs regulation by undervaluing the
objects on his declaration. Later, customs officers seized
The McClain Case
600 more objects from the dealer's New York apartment.
Another dynamic was emerging in the 1970s as victimized
Disparate Points of View
countries began to pursue their interests more aggressively
under existing U.S. law. Guatemala, in seeking recovery of
In 1972 the U.S. Senate gave its advice and consent to U.S.
a pre-Columbian stela, became the first foreign govern-
acceptance of the UNESCO Convention. Since the con-
ment to sue in an American court. The suit never came to
vention was not self-executing, Congress had to develop
trial, for the FBI seized the stela which had not been
special implementing legislation. The stage was set for a
properly declared at customs by the importer, Clive Hol-
protracted debate between two disparate points of view
lingshead. He was indicted by a federal grand jury and
one advocating unrestricted trade and the other supporting
subsequently found guilty of transporting stolen property.
sanctions on illicitly appropriated cultural materials; one
The piece had undisputably been documented by ar-
promoting access to the world's art for esthetic purposes
cheologists as belonging to Guatemala. Then in 1977 the
and the other calling for restricted access as an incentive to
Fifth Circuit Court applied the National Stolen Property
reducing the pillage that harms not only the esthetic but
Act in the McClain Case which involved the interstate
the historic resource contained in the cultural material.
and foreign transport of pre-Columbian objects valued over
Art dealers, many of whom have contributed scholarly
$5,000 that had been exported from Mexico. The court
publications in their area of expertise, argued that Ameri-
found that the defendants knowingly violated a Mexican
cans are better at preserving objects, studying them and
statute declaring pre-Columbian objects to be property of
displaying them for esthetic and educational purposes.
the state. The court held that the objects, which the defen-
Clemency Coggins' response was, "If we are the best care-
dants secretly attempted to sell in San Antonio, had been
takers then we must teach others, not despoil them. Deal-
"stolen" since Mexico claimed blanket title to all such
ers and others argued that the U.S. should not be the only
material whether discovered or undiscovered. This deci-
art-importing country to implement the convention for
sion has vexed art dealers, collectors and many museums,
that would not serve to reduce pillage, but only enlarge
existing markets, primarily in Western Europe and Japan.
not contribute to, the violation of tax, wildlife, import or
Gerald Stiebel of Rosenberg and Stiebel noted in Art News
other laws and regulations governing acquisitions of ob-
in 1978 that "Dealers have an interest that is more than
jects by their museums and other institutions with which
just financial. They are also collectors and they are in-
they are involved." It urges registrars to "monitor com-
volved with museums. We want to see the U.S. as impor-
pliance with local, state, national and international laws as
tant culturally as the countries of Europe, which have not
well as with their museums' acquisitions policies."
ratified the UNESCO Convention No dealer in our as-
By late 1982 all the points and counterpoints had been
sociation [National Antique and Art Dealers Association
made in the legislative arena with regard to the wisdom of
of America, Inc. wants to deal in stolen art, but there must
U.S. implementation of the 1970 UNESCO Convention.
be clear and concise definitions
as
opposed
to
the
rather
Hill staffers worked with interested groups to develop a
broad sweep of early bills introduced in Congress."
compromise measure that was adopted on the last day of
While some museums found themselves not inclined to
the 97th Congress.
support implementing legislation, most did, and voiced
their support through professional organizations-princi-
Implementing the Convention
pally the American Association of Museums and the As-
sociation of Art Museum Directors. Museum leaders
U.S. involvement in the international effort to curb pillage
joined archeologists and anthropologists in presenting tes-
is now entering a new era. Through the Cultural Property
timony to counter that submitted by representatives of art
Implementation Act the president now has the statutory
dealer associations. As recently as 1981, AAM president
authority to impose emergency import restrictions on des-
Craig C. Black, following in the tradition of his predeces-
ignated archeological or ethnological material illegally ex-
sors, informed the Reagan administration of the associ-
ported from the country of origin; or he may negotiate
ation's posture:
bilateral or multilateral agreements placing U.S. import
restrictions and simultaneously accommodating the licit
The American Association of Museums has gone on rec-
availability of the protected material, such as exhibitions
ord in strong support of the 1970 UNESCO Convention
and in support of legislation to implement the Senate
or access to the material by scholars for research purposes.
ratification of that Convention The American Associa-
Both avenues of action have the effect of honoring another
tion of Museums is totally opposed to any import of cul-
country's export laws - the strongest protection the U.S.
tural property not in compliance with the laws of the
has offered to date. This protection is not automatic and
country of origin and with our own laws regulating im-
can only be initiated by the submission of a request, under
portation of antiquities. There is absolutely no foundation
Article 9 of the 1970 UNESCO Convention, from a foreign
for the oft-heard statement that compliance with the
country that is also a signatory to the convention (see list).
UNESCO Convention will irreparably harm U.S. muse-
Examples of appropriate situations for U.S. action would
ums, and the museum community in this country stands
be: 1) a case in which the remains or record of a particular
fully behind the Convention.
culture or civilization are threatened with destruction,
Only a few years earlier, members of the AAM had unan-
dismantling, fragmentation or wholesale removal; 2) a case
imously adopted a comprehensive code of ethics that in-
in which the international market for certain items has
cludes the following statement:
stimulated widespread illegal excavations destroying im-
Illicit trade in objects encourages the destruction of sites,
portant archeological evidence.
Whatever the president's actions, they are to be taken
the violation of national exportation laws, and contraven-
tion of the spirit of national patrimony. Museums must
after considering the recommendations provided by the
acknowledge the relationship between the marketplace
Cultural Property Advisory Committee, 11 private citizens
and the initial and often destructive taking of an object for
representing the interests of specific groups. As prescribed
the commercial market. They must not support that illicit
by law, the committee is composed of three experts in
market. Each museum must develop a method for consid-
archeology, anthropology and ethnology (Clemency C.
ering objects of this status for acquisition that will allow it
Coggins, Fred Wendorf and Leslie E. Wildesen); three ex-
to acquire or accept an object only when it can determine
perts in the international sale of art (James Berry Hill,
with reasonable certainty that it has not been immediately
Alfred E. Stendahl and James G. Crowley III); two repre-
derived from this illicit trade and that its acquisition does
sentatives of the museum community (Patricia R. Anawalt
not contribute to the continuation of that trade.
and Arthur A. Houghton III); and three members repre-
Similar action was taken by the AAMD in 1981 and the
senting the interests of the general public (James W.
Curators Committee of the AAM in 1983. The movement
Alsdorf, Michael J. Kelly and John J. Slocum). Committee
to establish clear standards of professional practices was
members were appointed by President Reagan to two-year
carried forward as recently as June of 1984 when the
terms in 1984. The president designated Kelly as chair-
AAM's Registrars Committee adopted its own code of
man, and vice chairmen Alsdorf and Slocum were elected
ethics. It cautions that "registrars should be aware of, and
by the committee. As the act states, administrative and
technical support and staff for the committee is provided
strictions referred to it by the president. Within a specified
by the U.S. Information Agency - the U.S. communica-
time frame, the committee must then submit a written
tions, educational and cultural affairs agency abroad. The
report of its findings and recommendations regarding the
committee may, however, call on other agencies for needed
four determinations the president must make before decid-
personnel and expertise.
ing his course of action:
The act is also concerned with curbing international
trade in stolen cultural property. Since April 12, 1983, it has
1) that the Requesting State Party's cultural patrimony is in
been illegal to bring into the United States any article of
jeopardy from the pillage of archaeological and/or ethnologi-
cal materials described in the Request; and
inventoried cultural property stolen from a monument,
2) that the State Party has taken measures consistent with
museum or similar institution located in a state party to
the UNESCO Convention to protect its cultural patrimony;
the convention. "Cultural property" is defined as being any
and
article of importance for archeology, prehistory, history, lit-
3) that import restrictions would be of substantial benefit
erature, art or science. The U.S. Customs Service will aid
in deterring a serious situation of pillage if applied in concert
in recovering such materials.
with similar restrictions by those nations having a signific-
The Cultural Property Advisory Committee is respon-
ant import trade in such material; and that less drastic
sible for advising the president and Congress on the effec-
measures than import restrictions are not available; and
tiveness of the act. Its primary charge, however, is to review
4) that the application of import restrictions will be of
and, if necessary, investigate each request for import re-
interest and benefit to the international community in the
interchange of cultural property among nations for scientific,
cultural and educational purposes.
Signatories to the UNESCO
The third determination is an attempt to obtain the
Convention on the Means of
international cooperation of other art-importing nations
Prohibiting and Preventing the
that are not party to the convention. The act restricts the
Illicit Import, Export and
president from entering into a bilateral or multilateral
Transfer of Ownership of
agreement unless countries "individually having a sig-
Cultural Property
nificant import trade" in the relevant archeological or
ethnological material apply import restrictions similar to
Algeria
Jordan
those of the U.S. Typical of the labyrinthine nature of the
Argentina
Kuwait
act, however, there is an exception to this restriction so that
Bolivia
Mauritania
certain circumstances may indeed pave the way for the
Brazil
Mauritius
president to negotiate a bilateral agreement if similar im-
Bulgaria
Mexico
port "restrictions are not essential to deter a serious situa-
Cameroon
Nepal
tion of pillage," and if he can determine that the applica-
Canada
Nicaragua
tion of similar import restrictions by other nations "indi-
Central African Republic
Niger
vidually having a significant import trade in such material
Cuba
Nigeria
Cyprus
would be substantial benefit in deterring a serious situa-
Oman
Czechoslovakia
Pakistan
tion of pillage."
Democratic Kampuchea
Panama
Archeological material, as stated in the act, "must be of
Democratic People's
Peru
cultural significance and at least 250 years old and discov-
Republic of Korea
Poland
ered as a result of scientific excavation, clandestine or acci-
Dominican Republic
Qatar
dental digging, or exploration on land or under water."
Ecuador
Republic of Korea
Ethnological material is defined as "material that is the
Egypt
Saudi Arabia
product of a tribal or nonindustrial society and is impor-
El Salvador
Socialist People's
tant to the cultural heritage of a people because of its
German Democratic
Libyan Arab Jamahiriya
distinctive characteristics, comparative rarity, or its contri-
Republic
Senegal
bution to the knowledge of the origins, development or
Greece
Sri Lanka
Guatemala
history of that people." There is no age requirement for
Syrian Arab Republic
Guinea
Tunisia
ethnological materials.
Honduras
Turkey
Hungary
United Republic of Tanzania
Effect on Museums
India
United States of America
Iran
Uruguay
As long as museums seriously adopt and adhere to self-
Iraq
Yugoslavia
regulating acquisitions policies that seek to determine the
Italy
Zaire
provenance of objects; that require export certificates with
objects either donated to or purchased by the museum;
that encourage fair notice to the country of origin where
acquisitions should contact the International Foundation
doubt exists about the legal ownership of an object, their
for Art Research in New York or Interpol to learn what
risk to liability, generally, will be vastly minimized.
objects have been reported stolen. U.S. Customs can make
It is important for museums to understand that the act is
seizures even after stolen or designated objects have pene-
not retroactive and blanket import restrictions have not
trated inspection at the port of entry and, as a general
been imposed. The material covered in prospective import
principle of U.S. law, a thief cannot pass title to stolen
bans will be archeological and ethnological material as de-
property.
scribed above and such restrictions, if applied, would be on
One entire section of the act pertains to the designated
a country-by-country basis and would become effective
material and to those articles of stolen cultural property
only when a designated list of objects is published in the
that are exempt from the provisions of the act. A chief
Federal Register. The advisory committee expects that an
exemption is applied to any such material imported into
the United States for temporary exhibition purposes and
immunized from judicial seizure by the general counsel of
USIA. Other exemptions are itemized in a series of "grand-
father clauses" or repose conditions ranging from three to
20 years. These statutes of limitation are activated only
after the effective date of the designated list of material to
be protected (date of Federal Register notification), and
following the importation into the U.S. of any article of
cultural property, whether stolen or on the designated list.
Museums may become involved in the effective im-
plementation of the act in a variety of ways. For example,
the act specifically provides that "pending a final determi-
nation as to whether any archeological or ethnological ma-
terial or article of cultural property, has been imported into
the U.S. in violation of the Act, the Secretary [of the Treas-
ury] shall, upon application by any museum or other cul-
tural or scientific institution in the United States which is
open to the public, permit such material or article to be
retained at such institution," provided that the institution
takes appropriate precautions.
Museums should be integral to implementing the act's
charge that "the president should endeavor to obtain the
commitment of the State Party concerned to permit the
exchange of its archeological and ethnological materials
under circumstances in which such exchange does not
jeopardize its cultural patrimony." This perhaps heralds a
wave of future international exhibitions and suggests
possibilities for other museum-to-museum cultural
programming.
The advisory committee has spent its inaugural year
being briefed by experts in various aspects of cultural prop-
erty and establishing internal operating procedures and
Cultural Property Advisory Committee meeting in Washington,
guidelines for submitting a request. These will be pub-
D.C., November, 1984
lished once they are made final.
The advisory committee has yet to deliberate a request
additional information mechanism will be used to notify
from a state party to the convention. Deliberation of the
all concerned trade associations that a designated list has
first request will, of course, establish the precedent the
been published SO that the grassroots constituency may be
world is anxious to record. It could tell a great deal about
SO informed through these direct channels.
the concerns of other nations and U.S. perceptions of those
Articles of cultural property stolen from an inventoried
concerns, about the effectiveness of the act and this coun-
collection are not subject to notice in the Federal Register
try's seriousness in applying its provisions, and about the
since they are treated differently in the act from designated
extent of our commitment to lead the international com-
archeological and ethnological material. This provision
munity in effectively reducing incentives for the illicit im-
has been in effect since April 12, 1983. Museums making
port and export of cultural property.
1
&
Reprinted from MUSEUM NEWS/June 1985
© American Association of Museums
Suite 428
1055 Thomas Jefferson St., N.W.
Washington, D.C. 20007
THINKS
USIA
INFORMATION ON
CONVENTION ON CULTURAL PROPERTY
IMPLEMENTATION ACT
(P.L. .L. 97-446)
CONTENTS
Synopsis of the Convention on Cultural Property
Implementation Act
Fact Sheet on Cultural Property Advisory Committee
Text of U.S. Convention on Cultural Property
Implementation Act (P.L.97-446, Title III)
UNESCO Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (November 1970)
List of State Parties to the UNESCO Convention
Distributed by:
Cultural Property Advisory Committee Staff
Ann Guthrie, Executive Director
Maria Papageorge Kouroupas, Deputy Director
Bureau of Educational and Cultural Affairs
United States Information Agency
301 4th Street, S.W.
Washington, D.C. 20547
Telephone: (202) 485-6612
March 1985
SYNOPSIS OF
U.S. IMPLEMENTATION OF
1970 UNESCO CONVENTION
ON CULTURAL PROPERTY
The United States has joined the international effort to reduce
pillage of cultural treasures that are part of a nation's
patrimony.
The framework for this U.S. initiative is the Convention on
Cultural Property Implementation Act, signed by President Reagan
in January 1983. The U.S. instrument of acceptance was deposited
with UNESCO and entered into force December 2, 1983. With this
action the United States became the first major art importing
country to implement the 1970 UNESCO Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer
of Ownership of Cultural Property. To date, there are 55
signatory countriesto the UNESCO Convention.
U.S. withdrawal from UNESCO does not affect U.S. obligations under
this UNESCO Convention.
Essentially, the U.S. law carries out two major provisions of the
UNESCO Convention:
1.
Stolen Cultural Property (Article 7(b)) Any article of stolen
cultural property documented as belonging to the inventory
of a public monument, museum, or similar institution located
in a State Party is prohibited importation into the U.S.
after April 12, 1983 (or the date the State Party
implemented the Convention, whichever date is later). The
U.S. Customs Service is responsible for enforcement.
2.
Endangered Archaeological and Ethnological Materials
(Article 9): It establishes a mechanism whereby the
President may enter a bilateral or multilateral agreement or
take unilateral emergency action to protect, through the
imposition of U.S. import restrictions, archaeological or
ethnological materials that are part of a country's cultural
patrimony and in danger from pillage. Each request for
import restrictions from a State Party is reviewed by the
Cultural Property Advisory Committee which makes
recommendations to the President as to whether action should
be taken. The eleven members of the Advisory Committee were
appointed by President Reagan in 1984 and are carrying out
their responsibilities under this law.
United States
Information
Agency
Washington, D.C. 20547
CULTURAL PROPERTY ADVISORY COMMITTEE
USIA
FACT SHEET
On January 12, 1983 President Reagan signed the Convention on Cultural
Property Implementation Act (P.L. 97-446). This enabled U.S. acceptance
of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing
the Illicit Import, Export and Transfer of Ownership of Cultural
Property. With this action, the U.S. became the first major art importing
nation to implement the UNESCO Convention. It joins 55 other countries in
this international concerted effort to curb the illegal movement of
cultural property and thereby reduce the incentives for pillage.
Drafted and negotiated with U.S. assistance, the 1970 Convention rose
from a growing international concern that the high demand for cultural
objects in the art market had generated rampant pillaging, particularly in
countries with few resources to protect their cultural heritage.
Pillaging has robbed these objects of their provenance, often resulting in
mutilation and often destroying forever vital traces of their place in the
history of mankind.
Function of the Cultural Property Advisory Committee
The Convention on Cultural Property Implementation Act establishes the
Cultural Property Advisory Committee as a Presidential advisory body. Its
function is to review requests from other countries for U.S. assistance in
the protection of their cultural patrimony that is in danger from
pillage. Based on its review, the Committee will prepare and submit
reports to the President setting forth recommended courses of action for
assistance requested by the other signatory countries to the 1970 UNESCO
Convention.
The Committee is an independent entity within the United States
Information Agency (USIA), the agency responsible for the U.S.
Government's overseas information and cultural programs. The USIA
provides administrative and technical services, including staff, to the
Committee. The Committee staff reports directly to the Associate Director
of the Bureau of Educational and Cultural Affairs.
The Committee is composed of 11 members appointed by the President.
They represent four categories of membership as designated by Congress in
the Cultural Property Implementation Act: (1) experts in archaeology,
anthropology and ethnology; (2) experts in the international sale of
cultural property; (3) representives of the interests of museums; and (4)
representatives of the interests of the general public. The term for each
member is for two years. A member may be reappointed for one or more
terms.
Procedures in Considering State Party Requests
A request for assistance from a State Party (a country that has
ratified the 1970 UNESCO Convention) is submitted to the President of the
United States through diplomatic channels. Under the terms of Article 9
of the UNESCO Convention, State Party requests will be for U.S. import
restrictions on archaeological and ethnological material, the pillage of
-2-
which is jeopardizing the national cultural patrimony of the Requesting
Party. The Request must be in the form of a written statement accompanied
by factual justification of the following:
1)
that the Requesting State Party's cultural patrimony is in
jeopardy from the pillage of archaeological or ethnological
materials; and
2)
that it has taken measures consistent with the 1970 Convention to
protect its cultural patrimony; and
3)
that import restrictions would be of substantial benefit in
deterring a serious situation of pillage "if applied in concert
with similar restrictions implemented, or to be implemented within
a reasonable period of time, by those nations individually having
a significant import trade in such material;" that less drastic
measures than import restrictions are not available;
4)
and that the application of import restrictions will be of
interest and benefit to "the international community in the
interchange of cultural property among nations for scientific,
cultural, and educational purposes."
In order to be considered for import restrictions, archaeological and
ethnological materials must meet certain definitions.
Archaeological material must be:
1)
"of cultural significance; and
2)
at least 250 years old; and
3)
normally discovered as a result of scientific excavation,
clandestine or accidental digging, or exploration on land or under
water."
Ethnological material is defined as material that is:
1)
"the product of a tribal or nonindustrial society and
2)
important to the cultural heritage of a people because of its
distinctive characteristics, comparative rarity, or its
contribution to the knowledge of the origins, development, or
history of that people. If
In response to the receipt of information from the President about each
request for import restrictions by a State Party, the Cultural Property
Advisory Committee will undertake a review and investigation. The
Committee will then submit within 150 calendar days, a report to the
President setting forth its findings and its recommendations as to whether
the United States should enter into an agreement (bilateral or
multilateral) with the Requesting Party for the purpose of imposing import
restrictions under the terms of the Act.
Emergency action: Within 90 calendar days from the day the Committee
receives information on a request for emergency action, or from which an
emergency condition may be inferred, the Committee must prepare a report
for the President with reasons and recommendations as to whether emergency
action should be implemented; or stating and giving the reasons that an
emergency condition does not exist.
-3-
While only State Parties to the 1970 UNESCO Convention may file
requests for import restrictions, countries other than State Parties may
join the U.S. in protecting the endangered materials through the
application of import restrictions or other protective measures.
Responsibilities of the President
All Committee reports are submitted to the President for consideration
and action and to Congress for oversight. Should the Committee Report
recommend that an agreement be entered into, the President may take
appropriate steps to negotiate such an agreement. However, should the
President not enter into such agreement he is obligated by law to submit to
Congress a report justifying his action.
The President may enter into a bilateral or multilateral agreement with
the Requesting State Party. The Act provides that the President may not
enter into an agreement with the Requesting Party unless similar import
restrictions are applied within a reasonable period of time by those
nations "individually having a significant import trade in such material."
The President, however, is not absolutely precluded by this provision from
entering a bilateral agreement, especially in the case of a request for
emergency action.
Bilateral and multilateral agreements will have an effective period of
five years. Emergency measures will also have a five year effective
period. At the time an extension of an agreement or emergency measure is
requested, the Committee will again undertake to submit a report to the
President outlining recommendations and reasons as to whether or not to
extend the agreement or emergency measure. Bilateral and multilateral
agreements may be extended for five years; however, an emergency measure
may be extended for three years. The President, under the provisions of
P.L. 97-446, may suspend import restrictions before an agreement has
expired.
Enforcement by U.S. Customs Service
After an agreement or emergency action has entered into force under the
terms of P.L. 97-446, the Secretary of the Treasury, after consultation
with USIA, "shall by regulation promulgate a list of the archaeological or
ethnological material of the State Party covered by the agreement or by
such action. Fair notice of material subject to restrictions shall be
given to importers and other interested persons.
It is the responsibility of U.S. Customs to enforce the import
restrictions. "No designated archaeological or ethnological material that
is exported. from the State Party after the designation of such material
may be imported into the United States unless the State Party issues
documentation which certifies that such exportation was not in violation of
the laws of the State Party."
In the absence of documentation as specified under the provisions of
P.L. 97-446, the material may be subject to seizure and forfeiture by the
U.S. Customs Service.
-4-
The Convention on Cultural Property Implementation Act is not retroactive;
therefore, those objects already in the U.S. that may eventually be placed
under import restrictions, are not subject to the provisions of this law.
Only those objects that enter or re-enter the U.S. after an agreement or
emergency action has entered into force are subject to the conditions of this
law.
The following members were appointed to the Cultural Property Advisory
Committee by President Reagan:
**Mr. James W. Alsdorf, Chairman of the Board and Director of Alsdorf
International, Ltd., Chicago, Illinois
Dr. Patricia R. Anawalt, Consulting Curator of Costumes and Textiles,
Museum of Cultural History, University of California, Los Angeles
Dr. Clemency C. Coggins, archaeologist, Associate in Pre-Columbian Art,
Peabody Museum of Archaeology and Ethnology, Harvard University,
Cambridge, Massachusetts
Mr. James G. Crowley, III, art dealer, Spartanburg, South Carolina
Mr. James Berry Hill, art dealer, Berry-Hill Galleries, Inc.,
New York, New York
Mr. Arthur A. Houghton, III, Associate Curator for Antiquities,
J. Paul Getty Museum, Malibu, California
*Mr. Michael J. Kelly, Chairman of the Board and Chief Executive
Officer of Kelco Industries, Inc., Woodstock, Illinois
**Mr. John J. Slocum, former Foreign Service Information Officer
and former Special Assistant to the Secretary of the
Smithsonian Institution, Newport, Rhode Island
Mr. Alfred E. Stendahl, art dealer, Stendahl Art Galleries,
Los Angeles, California
Dr. D. Fred Wendorf, Jr., archaeologist, Distinguished Professor of
Pre-History, Southern Methodist University, Dallas, Texas
Dr. Leslie E. Wildesen, archaeologist, The State Archaeologist;
Deputy State Historic Preservation Officer; Vice President of
Colorado Historical Society, Denver, Colorado
*Chairman of Committee
**Vice Chairman of Committee
For further information, contact the Cultural Property Advisory Committee
staff:
Ann J. Guthrie, Executive Director
Maria I. Papageorge, Deputy Director
Bureau of Educational and Cultural Affairs
United States Information Agency
301 4th Street, S.W.
Washington, D.C.
20547
(202) 485-6612
March 1985
PUBLIC LAW 97-446-JAN. 12, 1983
96 STAT. 2329
Public Law 97-446
97th Congress
An Act
To reduce certain duties, to suspend temporarily certain duties, to extend certain
existing suspensions of duties, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Convention on
Cultural
TITLE ILI-IMPLEMENTATION OF CONVENTION ON
Property
CULTURAL PROPERTY
Implementation
Act.
SEC. 301. SHORT TITLE.
19 USC 2601
note.
This title may be cited as the "Convention on Cultural Property 96 STAT. 2351
Implementation Act".
SEC. 302. DEFINITIONS.
19 USC 2601.
For purposes of this title-
(1) The term "agreement" includes any amendment to, or
extension of, any agreement under this title that enters into
force with respect to the United States.
(2) The term "archaeological or ethnological material of the
State Party" means-
(A) any object of archaeological interest;
(B) any object of ethnological interest; or
(C) any fragment or part of any object referred to in
subparagraph (A) or (B);
which was first discovered within, and is subject to export
control by, the State Party. For purposes of this paragraph-
(i) no object may be considered to be an object of archae-
ological interest unless such object-
(I) is of cultural significance;
(II) is at least two hundred and fifty years old; and
(III) was normally discovered as a result of scientific
excavation, clandestine or accidental digging, or explo-
ration on land or under water; and
(ii) no object may be considered to be an object of ethnolo-
gical interest unless such object is-
(I) the product of a tribal or nonindustrial society,
and
(II) important to the cultural heritage of a people
because of its distinctive characteristics, comparative
rarity, or its contribution to the knowledge of the
origins, development, or history of that people.
(3) The term "Committee" means the Cultural Property Advi-
sory Committee established under section 206.
(4) The term "consignee" means a consignee as defined in
section 483 of the Tariff Act of 1930 (19 U.S.C. 1483).
Ante. p. 2349.
(5) The term "Convention" means the Convention on the
means of prohibiting and preventing the illicit import, export,
and transfer of ownership of cultural property adopted by the
General Conference of the United Nations Educational, Scien-
tific, and Cultural Organization at its sixteenth session.
(6) The term "cultural property" includes articles described in
article 1 (a) through (k) of the Convention whether or not any
such article is specifically designated as such by any State Party
for the purposes of such article.
(7) The term "designated archaeological or ethnological mate-
rial" means any archaeological or ethnological material of the
State Party which—
(A) is-
(i) covered by an agreement under this title that
enters into force with respect to the United States, or
(ii) subject to emergency action under section 304,
and
(B) is listed by regulation under section 305.
(8) The term "Secretary" means the Secretary of the Treasury
or his delegate.
(9) The term "State Party" means any nation which has
ratified, accepted, or acceded to the Convention.
96 STAT. 2352
PUBLIC LAW 97-446-JAN. 12, 1983
(10) The term "United States" includes the several States, the
District of Columbia, and any territory or area the foreign
relations for which the United States is responsible.
(11) The term "United States citizen" means-
(A) any individual who is a citizen or national of the
United States;
(B) any corporation, partnership, association, or. other
legal entity organized or existing under the laws of the
United States or any State; or
(C) any department, agency, or entity of the Federal
Government or of any government of any State.
19 USC 2602.
SEC. 303. AGREEMENTS TO IMPLEMENT ARTICLE 9 OF THE CONVENTION.
(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 307 with respect to archaeological or ethno-
logical material of the State Party, if applied in concert
with similar restrictions implemented, or to be imple-
mented 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 307 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 title, 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 307 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 para-
graph (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 accompa-
PUBLIC LAW 97-446-JAN. 12, 1983
96 STAT. 2353
nied by a written statement of the facts known to the State
Party that relate to those matters with respect to which deter-
minations 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 of its archaeologi-
cal 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 307
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 imple-
ment, 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 307 in concert with similar restrictions imple-
mented, 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
307, 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 307 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-
96 STAT. 2354
PUBLIC LAW 97-446-JAN, 12, 1983
(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 agree-
ment under subsection (e), the President shall-
Publication in
Federal
(1) publish notification of the request or proposal in the
Register.
Federal Register;
Submittal to
(2) submit to the Committee such information regarding the
Committee.
request or proposal (including, if applicable, information from
the State Party with respect to the implementation of emer-
gency action under section 304) as is appropriate to enable the
Committee to carry out its duties under section 306(f); and
(3) consider, in taking action on the request or proposal, the
views and recommendations contained in any Committee
report-
(A) required under section 306(f) (1) or (2), 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.-
Report to
(1) IN GENERAL.-In any case in which the President-
Congress.
(A) enters into or extends an agreement pursuant to
subsection (a) or (e), or
(B) applies import restrictions under section 204,
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.
Report to
(3) INFORMATION RELATING TO COMMITTEE RECOMMENDA-
Congress.
TIONS.-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.
19 USC 2603.
SEC. 304. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS.
(a) EMERGENCY CONDITION DEFINED.-For purposes of this section,
the term "emergency condition" means, with respect to any archae-
ological or ethnological material of any State Party, that such
material is-
(1) a newly discovered type of material which is of importance
for the understanding of the history of mankind and is in
jeopardy from pillage, dismantling, dispersal, or fragmentation;
(2) identifiable as coming from any site recognized to be of
high cultural significance if such site is in jeopardy from pillage,
dismantling, dispersal, or fragmentation which is, or threatens
to be, of crisis proportions; or
(3) a part of the remains of a particular culture or civilization,
the record of which is in jeopardy from pillage, dismantling,
PUBLIC LAW 97-446-JAN. 12, 1983
96 STAT. 2355
dispersal, or fragmentation which is, or threatens to be, of crisis
proportions;
and application of the import restrictions set forth in section 307 on
a temporary basis would, in whole or in part, reduce the incentive
for such pillage, dismantling, dispersal or fragmentation.
(b) PRESIDENTIAL ACTION.-Subject to subsection (c), if the Presi-
dent determines that an emergency condition applies with respect to
any archaeological or ethnological material of any State Party, the
President may apply the import restrictions set forth in section 307
with respect to such material.
(c) LIMITATIONS.-
(1) The President may not implement this section with respect
to the archaeological or ethnological materials of any State
Party unless the State Party has made a request described in
section 303(a) to the United States and has supplied information
which supports a determination that an emergency condition
exists.
(2) In taking action under subsection (b) with respect to any Report.
State Party, the President shall consider the views and recom-
mendations contained in the Committee report required under
section 306(f)(3) if the report is submitted to the President before
the close of the ninety-day period beginning on the day on
which the President submitted information to the Committee
under section 303(f)(2) on the request of the State Party under
section 303(a).
(3) No import restrictions set forth in section 307 may be
applied under this section to the archaeological or ethnological
materials of any State Party for more than five years after the
date on which the request of a State Party under section 303(a)
is made to the United States. This period may be extended by
Extension.
the President for three more years if the President determines
that the emergency condition continues to apply with respect to
the archaeological or ethnological material. However, before Report.
taking such action, the President shall request and consider, if
received within ninety days, a report of the Committee setting
forth its recommendations, together with the reasons therefor,
as to whether such import restrictions shall be extended.
(4) The import restrictions under this section may continue to
apply in whole or in part, if before their expiration under
paragraph (3), there has entered into force with respect to the
archaeological or ethnological materials an agreement under
section 203 or an agreement with a State Party to which the
Senate has given its advice and consent to ratification. Such
import restrictions may continue to apply for the duration of
the agreement.
SEC. 305. DESIGNATION OF MATERIALS COVERED BY AGREEMENTS OR 19 USC 2604.
EMERGENCY ACTIONS.
After any agreement enters into force under section 303, or
emergency action is taken under section 304, the Secretary, after
consultation with the Director of the United States Information
Agency, shall by regulation promulgate (and when appropriate shall
revise) a list of the archaeological or ethnological material of the
State Party covered by the agreement or by such action. The
Secretary may list such material by type or other appropriate
classification, but each listing made under this section shall be
sufficiently specific and precise to insure that (1) the import restric-
96 STAT. 2356
PUBLIC LAW 97-446-JAN. 12, 1983
tions under section 307 are applied only to the archeological and
ethnological material covered by the agreement or emergency
action; and (2) fair notice is given to importers and other persons as
to what material is subject to such restrictions.
19 USC 2605.
SEC. 306. CULTURAL PROPERTY ADVISORY COMMITTEE.
(a) ESTABLISHMENT.-There is established the Cultural Property
Advisory Committee.
(b) MEMBERSHIP.-
(1) The Committee shall be composed of eleven members
appointed by the President as follows:
(A) Two members representing the interests of museums.
(B) Three members who shall be experts in the fields of
archaeology, anthropology, ethnology, or related areas.
(C) Three members who shall be experts in the interna-
tional sale of archaeological, ethnological, and other cul-
tural property.
(D) Three members who shall represent the interest of
the general public.
(2) Appointments made under paragraph (1) shall be made in
such a manner so as to insure-
(A) fair representation of the various interests of the
public sectors and the private sectors in the international
exchange of archaeological and ethnological materials, and
(B) that within such sectors, fair representation is
accorded to the interests of regional and local institutions
and museums.
(3)(A) Members of the Committee shall be appointed for terms
of two years and may be reappointed for 1 or more terms.
(B) A vacancy in the Commission shall be filled in the same
manner in which the original appointment was made.
(c) EXPENSES.-The members of the Committee shall be reim-
bursed for actual expenses incurred in the performance of duties for
the Committee.
(d) TRANSACTION OF BUSINESS.-Six of the members of the Commit-
tee shall constitute a quorum. All decisions of the Committee shall
be by majority vote of the members present and voting.
(e) STAFF AND ADMINISTRATION.-
(1) The Director of the United States Information Agency
shall make available to the Committee such administrative and
technical support services and assistance as it may reasonably
require to carry out its activities. Upon the request of the
Committee, the head of any other Federal agency may detail to
the Committee, on a reimbursable basis, any of the personnel of
such agency to assist the Committee in carrying out its func-
tions, and provide such information and assistance as the Com-
mittee may reasonably require to carry out its activities.
(2) The Committee shall meet at the call of the Director of the
United States Information Agency, or when a majority of its
members request a meeting in writing.
(f) REPORTS BY COMMITTEE.-
(1) The Commitee shall, with respect to each request of a
State Party referred to in section 303(a), undertake an investiga-
tion and review with respect to matters referred to in section
303(a)(1) as they relate to the State Party or the request and
shall prepare a report setting forth-
(A) the results of such investigation and review;
PUBLIC LAW 97-446-JAN. 12, 1983
96 STAT. 2357
(B) its findings as to the nations individually having a
significant import trade in the relevant material; and
(C) its recommendation, together with the reasons there-
for, as to whether an agreement should be entered into
under section 303(a) with respect to the State Party.
(2) The Committee shall, with respect to each agreement
proposed to be extended by the President under section 303(e),
prepare a report setting forth its recommendations together
with the reasons therefor, as to whether or not the agreement
should be extended.
(3) The Committee shall in each case in which the Committee
finds that an emergency condition under section 304 exists
prepare a report setting forth its recommendations, together
with the reasons therefor, as to whether emergency action
under section 304 should be implemented. If any State Party
indicates in its request under section 303(a) that an emergency
condition exists and the Committee finds that such a condition
does not exist, the Committee shall prepare a report setting
forth the reasons for such finding.
(4) Any report prepared by the Committee which recommends
the entering into or the extension of any agreement under
section 303 or the implementation of emergency action under
section 304 shall set forth-
(A) such terms and conditions which it considers neces-
sary and appropriate to include within such agreement, or
apply with respect to such implementation, for purposes of
carrying out the intent of the Convention; and
(B) such archaeological or ethnological material of the
State Party, specified by type or such other classification as
the Committee deems appropriate, which should be covered
by such agreement or action.
(5) If any member of the Committee disagrees with respect to
any matter in any report prepared under this subsection, such
member may prepare a statement setting forth the reasons for
such disagreement and such statement shall be appended to,
and considered a part of, the report.
(6) The Committee shall submit to the Congress and the
President a copy of each report prepared by it under this
subsection.
(g) COMMITTEE REVIEW.-
(1) IN GENERAL-The Committee shall undertake a continu-
ing review of the effectiveness of agreements under section 303
that have entered into force with respect to the United States,
and of emergency action implemented under section 304.
(2) ACTION BY COMMITTEE.-If the Committee finds, as a result
of such review, that-
(A) cause exists for suspending, under section 303(d), the
import restrictions imposed under an agreement;
(B) any agreement or emergency action is not achieving
the purposes for which entered into or implemented; or
(C) changes are required to this title in order to imple-
ment fully the obligations of the United States under the
Convention;
the Committee may submit a report to the Congress and the Presi-
Report to
dent setting forth its recommendations for suspending such import
Congress.
restrictions or for improving the effectiveness of any such agree-
ment or emergency action or this title.
96 STAT. 2358
PUBLIC LAW 97-446-JAN. 12, 1983
(h) FEDERAL ADVISORY COMMITTEE Acr.-The provisions of the
Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C.
5 USC app.
Appendix D shall apply to the Committee except that the require-
ments of subsections (a) and (b) of section 10 and section 11 of such
Act (relating to open meetings, public notice, public participation,
and public availability of documents) shall not apply to the Commit-
tee, whenever and to the extent it is determined by the President or
his designee that the disclosure of matters involved in the Commit-
tee's proceedings would compromise the Government's negotiating
objectives or bargaining positions on the negotiations of any agree-
ment authorized by this title.
(i) CONFIDENTIAL INFORMATION.-
(1) IN GENERAL-Any information (including trade secrets
and commercial or financial information which is privileged or
confidential) submitted in confidence by the private sector to
officers or employees of the United States or to the Committee
in connection with the responsibilities of the Committee shall
not be disclosed to any person other than to-
(A) officers and employees of the United States desig-
nated by the Director of the United States Information
Agency;
(B) members of the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of
the Senate who are designated by the chairman of either
such Committee and members of the staff of either such
Committee designated by the chairman for use in connec-
tion with negotiation of agreements or other activities
authorized by this title; and
(C) the Committee established under this title.
(2) GOVERNMENTAL INFORMATION.-Information submitted in
confidence by officers or employees of the United States to the
Committee shall not be disclosed other than in accordance with
rules issued by the Director of the United States Information
Agency, after consultation with the Committee. Such rules shall
define the categories of information which require restricted or
confidential handling by such Committee considering the extent
to which public disclosure of such information can reasonably
be expected to prejudice the interests of the United States. Such
rules shall, to the maximum extent feasible, permit meaningful
consultations by Committee members with persons affected by
proposed agreements authorized by this title.
(j) No AUTHORITY To NEGOTIATE.-Nothing contained in this sec-
tion shall be construed to authorize or to permit any individual (not
otherwise authorized or permitted) to participate directly in any
negotiation of any agreement authorized by this title.
19 USC 2606.
SEC. 307. 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 305 may be
imported into the United States unless the State Party issues a
certification or other documentation which certifies that such expor-
tation was not in violation of the laws of the State Party.
(b) CUSTOMS ACTION IN ABSENCE OF DOCUMENTATION.-If the con-
signee of any designated archaeological or ethnological material is
PUBLIC LAW 97-446-JAN. 12, 1983
96 STAT. 2359
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); 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 305,
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
Seizure and
presented within ninety days after the date on which such material
forfeiture.
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 310.
(c) DEFINITION OF SATISFACTORY EVIDENCE.-The term "satisfac-
tory evidence" means-
(1) for purposes of subsection (b)(2)(A)-
(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)-
(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 305,
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 desig-
nated under section 305, and the reasons on which the
statement is based.
96 STAT. 2360
PUBLIC LAW 97-446-JAN. 12, 1983
(d) RELATED PERSONS.-For purposes of subsections (b) and (c), 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.
19 USC 2607.
SEC. 308. STOLEN CULTURAL PROPERTY.
No article of cultural property documented as appertaining to the
inventory of a museum or religious or secular public monument or
similar institution in any State Party which is stolen from such
institution after the effective date of this title, or after the date of
entry into force of the Convention for the State Party, whichever
date is later, may be imported into the United States.
19 USC 2608.
SEC. 309. TEMPORARY DISPOSITION OF MATERIALS AND ARTICLES SUB-
JECT TO TITLE.
Pending a final determination as to whether any archaeological or
ethnological material, or any article of cultural property, has been
imported into the United States in violation of section 307 or section
308, the Secretary shall, upon application by any museum or other
cultural or scientific institution in the United States which is open
to the public, permit such material or article to be retained at such
institution if he finds that-
(1) sufficient safeguards will be taken by the institution for
the protection of such material or article; and
(2) sufficient bond is posted by the institution to ensure its
return to the Secretary.
19 USC 2609
SEC. 310. 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 307 or section
308 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 title, insofar as such
provisions of law are applicable to, and not inconsistent with, the
provisions of this title.
(b) ARCHAEOLOGICAL AND ETHNOLOGICAL MATERIAL.-Any desig-
nated archaeological or ethnological material which is imported
into the United States in violation of section 307 and which is
forfeited to the United States under this title 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
PUBLIC LAW 97-446-JAN. 12, 1983
96 STAT. 2361
(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 208, 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 circum-
stances recover and return an article stolen from an institu-
tion 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 308 and which is forfeited
to the United States under this title shall-
(A) first be offered for return to the State Party in whose
territory is situated the institution referred to in section
308 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.
SEC. 311. EVIDENTIARY REQUIREMENTS.
19 USC 2610.
Notwithstanding the provisions of section 615 of the Tariff Act of
1930 (19 U.S.C. 1615), in any forfeiture proceeding brought under
this title in which the material or article, as the case may be, is
claimed by any person, the United States shall establish-
(1) in the case of any material subject to the provisions of
section 307, that the material has been listed by the Secretary
in accordance with section 305; and
(2) in the case of any article subject to section 308, that the
article-
(A) is documented as appertaining to the inventory of a
museum or religious or secular public monument or similar
institution in a State Party, and
(B) was stolen from such institution after the effective
date of this title, or after the date of entry into force of the
96 STAT. 2362
PUBLIC LAW 97-446-JAN. 12, 1983
Convention for the State Party concerned, whichever date
is later.
19 USC 2611.
SEC. 312. CERTAIN MATERIAL AND ARTICLES EXEMPT FROM TITLE.
The provisions of this title shall not apply to-
(1) any archaeological or ethnological material or any article
of cultural property which is imported into the United States
for temporary exhibition or display if such material or article is
immune from seizure under judicial process pursuant to the Act
entitled "An 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", approved October 19, 1965 (22 U.S.C. 2459); or
(2) any designated archaeological or ethnological material or
any article of cultural property imported into the United States
if such material or article-
(A) has been held in the United States for a period of not
less than three consecutive years by a recognized museum
or religious or secular monument or similar institution, and
was purchased by that institution for value, in good faith,
and without notice that such material or article was im-
ported in violation of this title, but only if-
(i) the acquisition of such material or article has been
reported in a publication of such institution, any
regularly published newspaper or periodical with a
circulation of at least fifty thousand, or a periodical or
exhibition catalog which is concerned with the type of
article or materials sought to be exempted from this
title,
(ii) such material or article has been exhibited to the
public for a period or periods aggregating at least one
year during such three-year period, or
(iii) such article or material has been cataloged and
the catalog material made available upon request to
the public for at least two years during such three-year
period;
(B) if subparagraph (A) does not apply, has been within
the United States for a period of not less than ten consecu-
tive years and has been exhibited for not less than five
years during such period in a recognized museum or reli-
gious or secular monument or similar institution in the
Unites States open to the public; or
(C) if subparagraphs (A) and (B) do not apply, has been
within the United States for a period of not less than ten
consecutive years and the State Party concerned has
received or should have received during such period fair
notice (through such adequate and accessible publication, or
other means, as the Secretary shall by regulation prescribe)
of its location within the United States; and
(D) if none of the preceding subparagraphs apply, has
been within the United States for a period of not less than
twenty consecutive years and the claimant establishes that
it purchased the material or article for value without
knowledge or reason to believe that it was imported in
violation of law.
PUBLIC LAW 97-446-JAN. 12, 1983
96 STAT. 2363
SEC. 313. REGULATIONS.
19 USC 2612.
The Secretary shall prescribe such rules and regulations as are
necessary and appropriate to carry out the provisons of this title.
SEC. 314. ENFORCEMENT.
19 USC 2613.
In the customs territory of the United States, and in the Virgin
Islands, the provisions of this title shall be enforced by appropriate
customs officers. In any other territory or area within the United
States, but not within such customs territory or the Virgin Islands,
such provisions shall be enforced by such persons as may be desig-
nated by the President.
SEC. 315. EFFECTIVE DATE.
19 USC 2601
note.
(a) IN GENERAL.-This title shall take effect on the ninetieth day
Publication in
after the date of the enactment of this Act or on any date which the
Federal
President shall prescribe and publish in the Federal Register, if such
Register.
date is-
(1) before such ninetieth day and after such date of enact-
ment; and
(2) after the initial membership of the Committee is
appointed.
(b) EXCEPTION.-Notwithstanding subsection (a), the members of
the Committee may be appointed in the manner provided for in
section 306 at any time after the date of the enactment of this Act.
Approved January 12, 1983.
LEGISLATIVE HISTORY-H.R. 4566:
HOUSE REPORTS: No. 97-257 (Comm. on Ways and Means) and No. 97-989 (Comm.
of Conference).
SENATE REPORT No. 97-564 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Oct. 13, considered and passed House.
Vol. 128 (1982): Dec. 19, considered and passed Senate, amended.
Dec. 21, House agreed to conference report.
Dec. 22, Senate agreed to conference report.
United Nati ons Educational, Scientific and Cultural Organization
Organización de las Naciones Unidas para la Educación. la Ciencia y la Cultura
Organisation des Nations Unies pour l'éducatic n, la science et la culture
Организация объединенных паций no вопросам образования, науки и культуры
Convention on the means of prohibiting and
preventing the illicit import, export and transfer
of ownership of cultural property
adopted by the General Conference at its sixteenth session
Paris, 14 November 1970
Convención sobre las medidas que deben adoptarse
para prohibir e impedir la importación, la exportación y la
transferencia de propiedad ilícitas de bienes culturales
aprobada por la Conferencia General en su decimosexta reunión
París, 14 de noviembre de 1970
Convention concernant les mesures à prendre
pour interdire et empêcher l'importation, l'exportation
et le transfert de propriété illicites des biens culturels
adoptée par la Conférence générale à sa seizième session
Paris, le 14 novembre 1970
Конвенция O Mepax, направленных
Ha запрещение И предупреждение He3aKoHHoΓo BBo3a, вывоза
и передачи права собственности Ha культурные ценности
принятая Генеральной конференцией Ha шестнадцатой сессии
Париж, 14 ноября 1970 Γ.
UNESCO
CONVENTION ON THE MEANS OF PRO-
Having decided, at it: fifteenth session. Us: this
HIBITING AND PREVENTING THE ILLICIT
question should bc made the subject of an inter-
IMPORT, EXPORT AND TRANSFER OF
national convention.
OWNERSHIP OF CULTURAL PROPERTY
Adopts this Convention on the fourteenth day of
November 1970.
The General Conference of the United Nations Edu-
cational. Scientific and Cultural Organization,
meeting in Paris from 12 October to 14 November
1970, at its sixteenth session,
Article 1
Recalling the importance of the provisions contain-
ed in the Declaration of the Principles of Inter-
For the purposes of this Convention, the term
national Cultural Co-operation, adopted by the
"cultural property" means property which, on re-
General Conference at its fourteenth session,
ligious or secular grounds, is specifically desig-
Considering that the interchange of cultural pro-
natedby each State as being of importance for archae-
perty among nations for scientific, cultural and
ology. prehistory, history. literature. art or sci-
educational purposes increases the knowledge
ence and which belongs to the following categories:
of the civilization of Man. enriches the cultural
life of all peoples and inspires mutual respect
(a) Rare collections and specimens of fauna,
and appreciation among nations,
flora. minerals and anatomy, and objects of
Considering that cultural property constitutes one
palaeontological interest;
of the basic elements of civilization and nation-
(b) property relating to history, including thehis-
al culture, and that its true value can be appre-
tory of science and technology and military
ciated only in relation to the fullest possible
and social history, to the life of nationallea-
information regarding its origin, history and
ders, thinkers, scientists and artists and to
traditional setting.
events of national importance;
Considering that it is incumbent upon every State
(c) products of archaeological excavations (in-
to protect the cultural property existing within
cluding regular and clandestine) or of arch-
its territory against the dangers of theft, clan-
aeological discoveries;
destine excavation, and illicit export,
(d) elements of artistic or historical monuments
Considering that, to avert these dangers, it is es-
or archaeological sites which have been dis-
sential for every State to become increasingly
membered;
alive to the moral obligations to respect its own
(e) antiquities more than one hundred years old,
cultural heritage and that of all nations,
such as inscriptions, coins and engraved
Considering that, as cultural institutions, museuma
seals;
libraries and archives should ensure that their
(f) objects of ethnological interest;
collections are built up in accordance with uni-
(g) property of artistic interest, such as:
versally recognized moral principles,
(1)
pictures, paintings and drawings pro-
Considering that the illicit import, export and
duced entirely by hand on any support
transfer of ownership of cultural property is an
and in any material (excluding indust-
obstacle to that understanding between nations
rial designs and manufactured articles
which it is part of Unesco's mission to promote
decorated by hand);
by recommending to interested States, inter-
(ii)
original works of statuary art and
national conventions to this end,
sculpture in any material;
(iii)
Considering that the protection of cultural heritage
original engravings, prints and litho-
can be effective only if organized both national-
graphs;
ly and internationally among States working in
(iv)
original artistic assemblages and mon
close co-operation.
tages in any material:
Considering that the Unesco General Conference
(h) rare manuscripts and incunabula, old books,
adopted an Recommendation to this effect in 1964,
documents and publications of special interes
Having before it further proposals on the means of
(historical, artistic, scientific, literary,
prohibiting and preventing the illicit import, ex-
etc.) singly or in collections;
port and transfer of ownership of cultural pro-
(1) postage. revenue and similar stamps, singly
or in collections;
perty, a question which is on the agenda for the
session as item 19,
(j) archives, including sound, photographic and
cinematographic archives;
(k) articles of furniture more than one hundred
Article 5
years old and old musical instruments.
To ensure the protection of their cultural property
against illicit import, export and transfer of own-
ership, the States Parties to this Convention under-
take, as appropriate for each country. to set up
within their territories one or more national ser-
vices. where such services do not already exist, fo:
the protection of the cultural heritage, with a quali
fied staff sufficient in number for the effective
Article 2
carrying out of the following functions:
1. The States Parties to this Convention recog-
nize that the illicit import, export and transfer of
(a) Contributing to the formation of draft laws ane
ownership of cultural property is one of the main
regulations designed to secure the protection
causes of the impoverishment of the cultural heri-
of the cultural heritage and particularly pre-
tage of the countries of origin of such property and
vention of the illicit import, export and trans-_
that international co-operation constitutes one of
fer of ownership of important cultural propert:
the most efficient means of protecting each coun-
(b) establishing and keeping up to date, on the ba-
try's cultural property against all the dangers re-
sis of a national inventory of protected propert
a list of important public and private cultural
sulting therefrom.
property whose export would constitute an ap-
2. To this end, the States Parties undertake to
preciable impoverishment of the national cul-
oppose such practices with the means at their dis-
tural heritage;
posal, and particularly by removing their causes,
(c) promoting the development or the establish-
putting a stop to current practices, and by helping
ment of scientific and technical institutions
to make the necessary reparations.
(museums, libraries, archives, laboratories,
workshops. ) required to ensure the preser-
vation and presentation of cultural property;
Article S
(d) organizing the supervision of archaeological
excavations, ensuring the preservation "in
The import, export or transfer of ownership of cul-
situ" of certain cultural property, and protec-
tural property effected contrary to the provisions
ting certain areas reserved for future archae-
adopted under this Convention by the States Parties
ological research;
thereto, shall be illicit.
(e) establishing, for the benefit of those concerned
(curators, collectors, antique dealers, etc.)
rules in conformity with the ethical principles
Article 4
get forth in this Convention: and taking steps
to ensure the observance of those rules;
The States Parties to this Convention recognize that
(f) taking educational measures to stimulate and
for the purpose of the Convention property which
develop respect for the cultural beritage of all
belongs to the following categories forms part of
States, and spreading knowledge of the provi-
the cultural heritage of each State:
stions of this Convention;
(g) seeing that appropriate publicity is given to
(a) Cultural property created by the individual or
the disappearance of any items of cultural
collective genius of nationals of the State con-
property.
cerned, and cultural property of importance
to the State concerned created within the ter-
ritory of that State by foreign nationals or
stateless persons resident within such terri-
tory:
(b) cultural property found within the nationalter-
ritory.
(c) cultural property acquired by archaeological,
ethnological or natural science missions, with
Article 6
the consent of the competent authorities of the
ecuntry of origin of such property;
The States Parties to this Convention undertake:
(d) cultural property which has been the subject
of a freely agreed exchange;
(a) To introduce an appropriate certificate in
(e) cultural property received as a gift or purch-
which the exporting State would specify that the
ased legally with the consent of the competent
export of the cultural property in question is
authorities of the country of origin of such
authorized. The certificate should accompany
property.
all items of cultural property exported in ac-
cordance with the regulations;
(b) to prohibt the exportation of cultural property
from their territory unless accompanied by
the above-mentioned export certificate.
(c) to publicize this prohibition by appropriate
means, particularly among persons likely to
export or Import cultural property.
Article 8
The States Parties to this Convention undertake to
impose penalties or administrative sanctions on
Article 7
any person responsible for infringing the prohibi-
tions referred to under Articles 6 (b) and 7 (b)
The States Parties to this Convention undertake:
above.
(a) To take the necessary measures, consistent
Article 9
with national legislation. to prevent museums
and similar institutions within their territories
Any State Party to this Convention whose cultural
from acquiring cultural property originating
patrimony is in jeopardy from pillage of archaeo-
in another State Party which has been illeg-
logical or ethnological materials may call upon
ally exported after entry into force of this
other States Parties who are affected. The States
Convention, in the States concerned. When-
Parties to this Convention undertake, in these cir-
ever possible, to inform at State of origin Party
cumstances, to participate in a concerted interna-
to this Convention of an offer of such cultural
tional effort to determine and to carry out the
property illegally removed from that State
necessary concrete measures, including the control
after the entry into force of this Convention in
of exports and imports and international commerce
both States;
in the specific materials concerned. Pending
(b) (1) to prohibit the import of cultural property
agreement each State concerned shall take provi-
stolen from a museum or a religious or
sional measures to the extent feasible to prevent
secular public monument or similar insti-
irremediable injury to the cultural heritage of the
tution in another State Party to this Con-
requesting State.
vention after the entry into force of this
Convention for the States concerned, pro-
vided that such property is documented as
appertaining to the inventory of that insti-
tution;
Article 10
(ii) at the request of the State Party of origin,
to take appropriate steps to recover and
The States Parties to this Convention undertake:
return any such cultural property import-
ed after the entry into force of this Coa-
(a) To restrict by education, inf ormation and vi-
vention in both States concerned, provided,
gilance, movement of cultural property illeg-
however, that the requesting State shall
ally removed from any State Party to this
pay just compensation to an innocent pur-
Convention and, as appropriate for each coun-
chaser or to a person who has valid title
try. oblige antique dealers, subject to penal
to that property. Requests for recovery
or administrative sanctions, to maintain a re-
and return shall be made through diplo-
gister recording the origin of each item of
matic offices. The requesting Party shall
cultural property, names and addresses of
furnish, at its expense, the documentation
the supplier. description and price of each
and other evidence necessary to establish
item sold and to inform the purchaser of the
its claim for recovery and return. The
cultural property of the export prohibition to
Parties shall impose no customs duties
which such property may be subject;
or other charges upon cultural property
(b) to endeavour by educational means to create
returned pursuant to this Article.
and develop in the public mind a realization of
penses incident to the return and delivery
the value of cultural property and the threat to
of the cultural property shall be borne by
the cultural heritage created by theft, clande-
the requesting Party.
stine excavations and illicit exports.
Article 11
Article 15
The export and transfer o: ownership of cultural
Nothing in this Convention shall prevent States
property under compulsion arising directly or in-
Parties thereto from concluding special agree-
directly from the occupation of a country by a
ments among themselves or from continuing to im-
foreign power shall be regarded as illicit.
plement agreements already concluded regarding
the restitution of cultural property removed. what-
ever the reason, from its territory of origin, be-
fore the entry into force of this Convention for the
Article 12
States concerned.
The States Parties to this Convention shall respect
Article 16
the cultural heritage within the territories for the
international relations of which they are respon-
The States Parties to this Convention shall in their
sible, and shall take all appropriate measures to
periodic reports submitted to the General Confer-
prohibit and prevent the illicit import, export and
ence of the United Nations Educational, Scientific
transfer of ownership of cultural property in such
and Cultural Organization on dates and in a manner
territories.
to be determined by 1t, give information on the le-
gislative and administrative provisions which they
have adopted and other action which they have taken
Article 13
for the application of this Convention, together with
details of the experience acquired in this field.
The States Parties to this Convention also under-
take, consistent with the laws of each State:
(a) To prevent by all appropriate means transfers
Article 17
of ownership of cultural property likely to
promote the illicit import or export of such
1. The States Parties to this Convention may call
property;
on the technical assistance of the United Nations
(b) to ensure that their competent services co-
Educational. Scientific and Cultural Organization,
operate in facilitating the earliest possible
particularly as regards:
restitution of illicitly exported cultural pro-
perty to its rightful owner;
(a) Information and education:
(c) to admit actions for recovery of lost or stolen
(b) consultation and expert advice:
items of cultural property brought by or on
(c) co-ordination and good offices.
behalf of the rightful owners;
(d) to recognize the indefeasible right of each
2. The United Nations Educational, Scientific
State Party to this Convention to classify and
and Cultural Organization may, on its own initia-
declare certain cultural property as inalien-
tive conduct research and publish studies on mat-
able which should therefore ipso facto not be
ters relevant to the illicit movement of cultural
exported, and to facilitate recovery of such
property.
property by the State concerned in cases where
it has been exported.
3. To this end, the United Nations Educational,
Scientific and Cultural Organization may also call
on the co-operation of any competent non-govern-
mental organization.
4. The United Nations Educational, Scientific and
Cultural Organization may. on its own initiative,
make proposals to States Parties to this Conven-
tion for its Implementation.
Article 14
5. At the request of at least two States Parties to
In order to prevent illicit export and to meet the
this Convention which are engaged in a dispute over
obligations arising from the implementation of this
its implementation, Unesco may extend its good
Convention, each State Party to the Convention
offices to reach a settlement between them.
should, as far as it is able, provide the national
services responsible for the protection of its cul-
tural heritage with an adequate budget and, if Dec-
essary, should set up a fund for this purpose.
Article 18
notification to take effect three months after the
date of its receipt.
This Convention is drawn up in Laglish. French.
Russian and Spanish, the four texts being equally
authoritative.
Article 19
Article 23
1. This Convention shall be subject to ratification
1. Each State Party to this Convention may de-
or acceptance by States members of the United
nounce the Convention on its own behalf or CO be-
Nations Educational, Scientific and Cultural Organ-
half of any territory for whose international
ization in accordance with their respective consti-
relations it is responsible.
tutional procedures.
2. The denunciation shall be notified by an in-
2. The instruments of ratification or acceptance
strument in writing. deposited with the Director-
shall be deposited with the Director-General of the
General of the United Nations Educational, Scientific
United Nations Educational, Scientific and Cultural
and Cultural Organization.
Organization.
3. The denunciation shall take effect twelve
months after the receipt of the instrument of de-
nunciation.
Article 20
1. This Convention shall be open to accession by
Article 24
all States not members of the United Nations Edu-
cational, Scientific and Cultural Organization which
The Director-General of the United Nationa Educa-
are invited to accede to it by the Executive Board
tional, Scientific and Cultural Organization shall
of the Organization.
inform the States members of the Organization, the
2. Accession shall be effected by the deposit of
States not members of the Organization which are
an instrument of accession with the Director-
referred to in Article 20, as well as the United
General of the United Nations Educational, Scienti-
Nations, of the deposit of all the instruments of
fic and Cultural Organization.
ratification, acceptance and accession provided for
in Articles 19 and 20, and of the notifications and
denunciations provided for in Articles 22 and 23
respectively.
Article 21
This Convention shall enter into force three months
Article 25
after the date of the deposit of the third instrument
of ratification, acceptance or accession, but only
1. This Convention may be revised by the General
with respect to those States which have deposited
Conference of the United Nations Educational, Sci-
their respective instruments on or before that date.
entific and Cultural Organization. Any such revi-
It shall enter into force with respect to any other
sion shall. however, bind only the States which
State three months after the deposit of its instru-
shall become Parties to the revising convention.
ment of ratification, acceptance or accession.
2. If the General Conference should adopt as new
convention revising this Convention in whole or in
part, then, unless the new convention otherwise
provides, this Convention shall cease to be open
Article 22
to ratification, acceptance or accession, as from
the date on which the new revising conventica en-
ters into force.
The States Parties to this Convention recognize
that the Convention is applicable not only to their
metropolitan territories but also to all territories
for the international relations of which they are re-
Article 26
sponsible; they undertake to consult, if necessary,
the governments or other competent authorities of
In conformity with Article 102 of the Charter of the
these territories on or before ratification, accep-
United Nations, this Convention shall be registered
tance or accession with a view to securing the
with the Secretarist of the United Nations at the
application of the Convention to those territories,
request of the Director-General of the United Na-
and to notify the Director-General of the United
Nations Educational, Scientific and Cultural Organi-
tions Educational, Scientific and Cultural Organiza-
tion.
zation of the territories to which it is applied, the
Done in Paris this seventeent:. C
niber
1970, in two authentic copies bearing the signature
of the President of the sixteenth session of the Gen-
eral Conference and of the Director-General of the
United Nations Educational. Scientific and Cultur-
al Organization, which shall be deposited in the
archives of the United Nations Educational, Scien-
tific and Cultural Organization, and certified true
copies of which shall be delivered to all the States
referred to in Articles 19 and 20 as well as to the
United Nations.
The foregoing is the authentic text of the Conven-
tion duly adopted by the General Conference of the
United Nations Educational, Scientific and Cultur-
al Organization during its sixteenth session, which
was held in Paris and declared closed the fourteenth
day of November 1970.
IN FAITH WHEREOF we have appended our sign-
atures this seventeenth day of November 1970.
The Presidens of the General Conference
ATILIO DELL'ORO MAINI
The Director-Ceneral
RENE MAHEU
Certified copy
Paris,
Director, Office of International
Standards and Legal Affairs,
United Nations Educational,
Scientific and Culturel Organization
CONVENTION ON THE MEANS OF PROHIBITING AND
PREVENTING THE ILLICT IMPORT, EXPORT AND
TRANSFER OF OWNERSHIP OF CULTURAL PROPERTY
(Paris, 14 November 1970)
List of States having deposited an instrument
of retification, acceptance or accession
as at 15 December 1984
(Updated March 25, 1985)
States
Date of deposit
Date of entry
of ratification (R)
into force
acceptance
(Ac)
or accession (A)
Algeria
24. 6.1974 (R)
24. 9.1974
Argentina
11. 1.1973 (R)
11. 4.1973
Bolivia
4.10.1976 (R)
4. 1.1977
Brazil
16. 2.1973 (R)
16. 5.1973
Bulgaria
15. 9.1971 , (R)
24. 4.1972
Cameroon
24. 5.1972 (R)
24. 8.1972
Canada
28. 3.1978 (Ac)
28. 6.1978
Central African Republic
1. 2.1972 (R)
1. 5.1972
Cuba
30. 1.1980 (R)
30. 4.1980
Cyprus
19.10.1979 (R)
19. 1.1980
Czechoslovakia
14. 2.1977
(Ac)
14. 5.1977
Democratic Kampuchea
26. 9.1972 (R)
26.12.1972
Democratic People's Republic
of Korea
13. 5.1983 (R)
13. 8.1983
Dominican Republic
7. 3.1973 (R)
7. 6.1973
Ecuador
24. 3.1971
(Ac)
24. 4.1972
Egypt
5. 4.1973
(Ac)
5. 7.1973
El Salvador
20. 2.1978
(R)
20. 5.1978
German Democratic Republic
16. 1.1974
(Ac)
16. 4.1974
Greece
5. 6.1981
(R)
5. 9.1981
Guatemala
14. 1.1985
(R)
14. 4.1985
Guinea
18. 3.1979 (R)
18. 6.1979
Honduras
19. 3.1979 (R)
19. 6.1979
Hungary
23.10.1978 (R)
23. 1.1979
India
24. 1.1977
(R)
24. 4.1977
Iran
27. 1.1975
(Ac)
27. 4.1975
Iraq
12. 2.1973 (Ac)
12. 5.1973
- 2 -
States
Date of deposit
Date of entry
of ratification (R)
into force
acceptance (Ac)
or accession (A)
Italy
2.10.1978 (R)
2. 1.1979
Jordan
15. 3.1974 (R)
15. 6.1974
Kuwait
22. 6.1972 (Ac)
22. 9.1972
Mauritania
27. 4.1977
(R)
27. 7.1977
Mauritius
27.2.1978 (Ac)
27. 5.1978
Mexico
4.10.1972
(Ac)
4. 1.1973
Nepal
23. 6.1976 (R)
23. 9.1976
Nicaragua
19.4.1977 (R)
19. 7.1977
Niger
16.10.1972
(R)
16. 1.1973
Nigeria
24.1.1972
(R)
24. 4.1972
Oman
2.6.1978
(Ac)
2. .9.1978
Pakistan
30. 4.1981
(R)
30. 7.1981
Panama
13.8.1973
(Ac)
13.11.1973
Peru
24.10.1979
(Ac)
24. 1.1980
Poland
31. 1.1974 (R)
30. 4.1974
Qatar
20.4.1977
(Ac)
20. 7.1977
Republic of Korea
14.2.1983
(Ac)
14. 5.1983
Saudi Arabia
.9.1976
(Ac)
8.12.1976
Socialist People's
9. 1.1973
(R)
4.1973
Libyan Arab Jamahiriya
Senegal
9.12.1984
(R)
9. 3.1985
Sri Lanka
7.4.1981
(Ac)
7. 7.1981
Syrian Arab Republic
21. 2.1975
(Ac)
21. 5.1975
Tunisia
10. 3.1975
(R)
6.1975
Turkey
21.4.1981
(R)
7.1981
United Republic of Tanzania
2.8.1977
(R)
2.11.1977
United States of America
2. 9.1983
(Ac)
2.12.1983
Uruguay
9. 8.1977
(R)
9.11.1977
Yugoslavia
3.10.1972
(R)
3. 1.1973
Zaire
23. 9.1974 (R)
23.12.1974
Zambia
21.6.1985 (R)
21.9.1985
*
Calendar No. 829
97TH CONGRESS
SENATE
REPORT
2d Session
No. 97-564
MISCELLANEOUS TARIFF, TRADE. AND CUSTOMS MATTERS
SEPTEMBER 21 degislative day. SEPTEMBER 8). 1952-Ordered to be printed
Mr. DOLE, from the Committee on Finance,
submitted the following
REPORT
together with
ADDITIONAL VIEWS
[To accompany H.R. 4566)
The Committee on Finance, to which was referred the bill (H.R.
4566) to reduce certain duties, to suspend temporarily certain
duties, to extend certain existing suspensions of duties, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
I. SUMMARY
H.R. 4566, as referred to the committee was ordered favorably re-
ported with amendments which struck everything after the enact-
ing clause and substituted the provisions described herein. Title I
of H.R. 4566, as amended contains miscellaneous amendments to
the tariff and customs laws of the United States, provisions to im-
plement the extension of the International Coffee and Sugar Agree-
ments and provisions to implement the Nairobi Protocol to the
Florence Agreement. Title II of the bill contains provisions imple-
menting the Convention on the Means of Prohibiting and Prevent-
ing the Illicit Import, Export, and Transfer of Ownership of Cultur-
al Property. Title III of the bill contains the provisions of S. 2094,
the Reciprocal Trade and Investment Act of 1982, with a minor
amendment. By press releases dated October 19, 1981 and August
98-654 o
21
and handicapped provided in section 135. This treatment would
expire after two and one-half years, except that it may be pro-
claimed permanently during that period pursuant to section 137(a)
and 137(b)(3). Section 137(b)(2) allows. but does not require, similar
provisional proclamations for the other covered articles if the
President deems it to be in the national interest. Temporary proc-
lamations made pursuant to either subsection for articles included
in sections 134 and 135 may be modified under the provisions of
section 136.
Section 138.-This section is a technical record-keeping require-
ment intended to ensure that the United States will obtain ade-
quate data regarding trade flows affected by the tariff modifica-
tions implemented by section 135 of this bill.
IMPLEMENTING LEGISLATION FOR THE CONVEN-
TION ON THE MEANS OF PROHIBITING AND PREVENTING
THE ILLICIT IMPORT, EXPORT, AND TRANSFER OF OWN-
ERSHIP OF CULTURAL PROPERTY
Purpose-This bill implements in domestic law the Convention
on the Means of Prohibiting and Preventing the Illicit Import,
Export, and Transfer of Ownership of Cultural Property (823
U.N.T.S. 231 (1972)). The Cultural Property Convention is an inter-
national agreement adopted by the United Nations Educational,
Scientific, and Cultural Organization on November 14, 1970. It es-
tablishes principles for the control of trade in archaeological and
ethnological materials as well as certain other cultural material.
Although the Senate unanimously gave its advice and consent to
ratification in 1972, the Convention is not self-executing and it has
not been ratified for lack of the domestic legal means necessary to
carry out its obligations. The purpose of this bill is to provide that
authority, thereby promoting U.S. leadership in achieving greater
international cooperation towards preserving cultural treasures
that not only are of importance to the nations whence they origi-
nate, but also to greater international understanding of our
common heritage.
The bill-S. 1723, as amended by the committee and included in
H.R. 4566, implements the essential obligations of the Cultural
Property Convention. These obligations generally are: (1) to prohib-
it the import of cultural material identified as stolen from an insti-
tution in another State Party (i.e., a party to the Convention), and
to assist in its recovery if it is imported; and (2) to apply specific
import or other controls (upon the request of a State Party) to ar-
chaeological or ethnological materials specifically identified as com-
prising a part of a state's cultural patrimony that is in danger of
being pillaged. Except in certain emergency situations, the latter
obligation normally will be met through ad hoc international ar-
rangements. In form and substance, the bill substantially emulates
H.R. 5643, implementing legislation passed by the House of Repre-
sentatives in the 95th Congress. (See H. Rep. No. 95-615, 95th
Cong., 1st Sess. (1977)).
Following the short title provided in section 201, section 202 of
the bill sets forth definitions for the important terms of art in the
legislation.
22
Sections 203-205 and 207 implement article 9 of the Convention.
These sections authorize the President, subject to certain condi-
tions and limitations, to enter into bilateral or multilateral agree-
ments or to invoke emergency import regulations to control the im-
portation of archaeological or ethnological materials that have
been illegally exported from another State Party or are in danger
thereof. The exercise of this authority is contingent upon a request
from a State Party, the cultural patrimony of which is in jeopardy
from pillage. The agreements are to serve as the basis for a con-
certed international effort to thwart the pillage.
Section 208 implements article 7 of the Convention. This section
simply declares illegal the importation into the United States of
cultural property identified as appertaining to the inventory of a
museum, a religious or public monument, or a similar institution
in a State Party. This provision creates a juridical basis for actions,
authorized in section 210, to recover the property.
Section 206 establishes a Cultural Property Advisory Committee
comprised of representatives of the general public, and experts
from the academic, museum, and art dealer communities. It is
structured similarly to trade advisory committees established by
section 135 of the Trade Act of 1974, and will advise the President
concerning the requests of State parties for import controls and the
scope and operation of such controls.
Sections 210-211 subject to seizure and forfeiture any articles im-
ported in violation of sections 207 or 208. Pursuant to section 209,
however, U.S. museums or similar institutions may retain the arti-
cles, subject to certain protections, until their final disposition is
determined. Unde section 212, certain articles are excluded from
any controls authorized by this bill because they are entering this
country solely for purposes of exhibition or because they have been
held in this country for a significant period without challenge to
the legitimacy of their procurement.
Sections 213-215 are administrative in nature.
As in the case of the earlier-passed H.R. 5643, this bill reflects
the approach to illicit trade in art adopted by the Congress in the
Pre-Columbian Art Act of 1972 (Pub. L. No. 92-587) with regard to
a particular category of artifacts. The bill takes into account the
reservation and understandings accompanying the grant by the
Senate in 1972 of its advice and consent to ratification of the Con-
vention. Further, it neither pre-empts State law in any way, nor
modifies any Federal or State remedies that may pertain to articles
to which the provisions of this bill apply.
REASONS FOR THE BILL
Background-The increasing demand in recent years for archae-
ological and ethnological materials and antiquities has spurred, in
most experts' opinions, a great increase in the international ex-
change of such materials. But unlike other commodities, increased
or new production of these articles cannot rise to meet the demand.
Instead, the increased supply results from the sales of known arti-
facts and those newly recovered from archaeological sites. The
unique origin and character of these articles raises serious trade
23
issues distinct from the normal concerns of the reciprocal trade
agreements program or U.S. trade law.
No detailed data exist that provide reliable insights into either
the precise nature or magnitude of trade in cultural property. As
one expert points out: "It is easy to understand why we have little
information. Much about the art trade simply is not knowable."
Bator. An Essay on the International Trade in Art 34 Stan. L. Rev.
275, 291 (1982). Professor Bator suggests that this is because of the
vast number of undiscovered or unidentified objects: the lack of re-
sources among many nations to develop their cultural resources:
and the secret nature of much of the trade. Nevertheless, the testi-
mony to the committee on S. 1723 confirmed the evidence given in
various Congressional fora in recent years and in many learned ar-
ticles: the demand for cultural artifacts has resulted in the irreme-
dial destruction of archaeological sites and articles, depriving the
situs countries of their cultural patrimony and the world of impor-
tant knowledge of its past. Further, because the United States is a
principal market for articles of archaeological or ethnological inter-
est and of art objects, the discovery here of stolen or illegally ex-
ported artifacts in some cases severely strains our relations with
the countries of origin, which often include close allies. As stated
by the Department of State in commenting on S. 1723:
The legislation is important to our foreign relations, in-
cluding our international cultural relations. The expand-
ing worldwide trade in objects of archaeological and ethno-
logical interest has led to wholesale depredations in some
countries, resulting in the mutilation of ceremonial cen-
ters and archaeological complexes of ancient civilizations
and the removal of stone sculptures and reliefs. In addi-
tion, art objects have been stolen in increasing quantities
from museums, churches, and collections. The govern-
ments which have been victimized have been disturbed at
the outflow of these objects to foreign lands, and the ap-
pearance in the United States of objects has often given
rise to outcries and urgent requests for return by other
countries. The United States considers that on grounds of
principle, good foreign relations, and concern for the pres-
ervation of the cultural heritage of mankind, it should
render assistance in these situations.
Witnesses before the committee also pointed out that the interest
of the United States in this matter extends beyond our import
market and our interest in fostering the careful study of foreign
cultures. In recent years, the increasing interest in native Ameri-
can, Hawaiian, and Alaskan artifacts concommitantly has spurred
the pillaging of U.S. historic sites. The destruction of such sites and
the disappearance of the historic record evidenced by the articles
found in them has given rise to a profound national interest in
joining other countries to control the trafficking of such articles in
international commerce.
These concerns led the United States in the late 1960's to partici-
pate in negotiations, sponsored by the United Nations Educational,
Scientific, and Cultural Organization (UNESCO), to achieve inter-
national agreement on the nature and means to address the prob-
24
lem. The Convention on the Means of Prohibiting and Preventing
the Illicit Import, Export and Transfer of Ownership of Cultural
Property resulted from these negotiations. The Sixteenth General
Conference of UNESCO adopted the Convention on November 14,
1970, by a vote of 77 to 1, with 8 abstentions. It entered into force
(but not with respect to the United States) on April 24, 1972. Forty-
five countries are now parties to the Convention.
As described by the Committee on Foreign Relations, the Con-
vention generally encompasses the following obligations:
The principle purpose of the convention is to combat the
increasing illegal international trade in national art trea-
sures, which in some countries has led to wholesale pillag-
ing. To this end, the parties to the convention undertake
to protect their own cultural heritage and to establish an
export certificate for cultural property designated by each
country as being of importance. They are also required to
prohibit the import of cultural property stolen from muse-
ums, public monuments, or similar institutions and to take
appropriate steps, upon request, to recover and return
such cultural property provided that the state of origin is
prepared to pay just compensation to an innocent purchas-
er or a person who has valid title. The parties further
agree to take what measures they can, consistently with
existing national legislation, to prevent museums and simi-
lar institutions within their territory from acquiring cul-
tural property originating in another country which has
been illegally exported after entry into force of the treaty.
Senate Committee on Foreign Relations, Exec. Rep. No. 92-29, 92d
Cong., 2d Sess. 1 (August 8, 1972). Where a State Party's cultural
patrimony is in jeopardy from pillage of identified types of archae-
ological or ethnological materials, the parties agree to apply import
controls or other appropriate corrective measures.
After consideration by the Committee on Foreign Relations,
which found no opposition to the Convention, the Senate unani-
mously gave its advice and consent to ratification on August 11,
1972. The Senate's action included one reservation and six under-
standings. One understanding made clear that the Convention is
not self-executing and will have no domestic legal effect except as
defined by implementing legislation.
The Department of State first proposed implementing legislation
in 1973 to the 93d Congress, and again in 1975 to the 94th Con-
gress. The House of Representatives approved an amended version
of this legislation (H.R. 5643) in 1977, but the bill was not reported
by the Committee on Finance. Legislation again was introduced in
the 96th Congress, but no action was taken after hearings.
S. 1723 is the successor in this Congress to those earlier efforts.
The Subcommittee on International Trade held a hearing on July
22, 1982, and took oral and written testimony from the Administra-
tion and representatives from the academic and art dealers' com-
munity. This will reflect amendments subsequently agreed to by all
of these groups. The Committee adopted the bill, as amended, with-
out objection as part of H.R. 4566 on September 15, 1982.
25
SECTION-BY-SECTION ANALYSIS
Section 201.-This section provides that this title may be cited as
the "Convention on Cultural Property Implementation Act."
Section 202-This section defines the essential terms of art em-
ployed in title II.
Only the term "archaeological -or ethnological material of the
State Party" requires fuller explication here. The Convention does
not define this term. The definition is intended by the committee to
reflect the understanding of U.S. negotiators that the application of
import restrictions under agreements entered into under section
203 or emergency actions taken under section 204 is limited to a
narrow range of objects possessing certain characteristics. As de-
fined under section 202(2i), "archaeological material" includes any
object which is of cultural significance, which is at least 250 years
old, and which normally has been discovered through scientific ex-
cavation, clandestine or accidental digging, or exploration on land
or under water. Archaeological objects are usually found under-
ground or under water, or are discovered through excavation, dig-
ging, or exploration. However, the definition would also include ob-
jects which are typically regarded as archaeological (for example,
frescoes from buildings), without regard to whether the particular
objects are discovered by excavation or exploration.
The committee believes that the 250-year threshold age require-
ment ensures that the controls authorized by this Act will be ap-
plied to objects of significantly rare archaeological stature, while
encompassing a range of important artifacts that are of a more
recent vintage. For example, archaeological sites of importance in
understanding the settlement of North America contain objects not
greatly exceeding 250 years in age.
"Ethnological material" includes any object that is the product
of a tribal or similar society, and is important to the cultural heri-
tage of a people because of its distinctive characteristics, its com-
parative rarity, or its contribution to the knowledge of their ori-
gins, development or history. While these materials do not lend
themselves to arbitrary age thresholds, the committee intends this
definition, to encompass only what is sometimes termed "primi-
tive" or "tribal" art, such as masks, idols, or totem poles, produced
by tribal societies in Africa and South America. Such objects must
be important to a cultural heritage by possessing characteristics
which distinguish them from other objects in the same category
providing particular insights into the origins and history of a
people. The committee does not intend the definition of ethnologi-
cal material under this title to apply to trinkets and other objects
that are common or repetitive or essentially alike in material,
design, color, or other outstanding characteristics with other ob-
jects of the same type, or which have relatively little value for un-
derstanding the origins or history of a particular people or society.
An agreement or emergency action would also not apply to ethno-
logical material produced by more technologically advanced soci-
eties. The Cultural Property Advisory Committee, as provided in
section 206, will render the expert advice necessary to understand
these terms in the context of particular cases.
98-658
82
4
26
Sections 203-205 and 207.-These sections implement Article 9 of
the Cultural Property Convention, which states:
Any State Party to this Convention whose cultural patri-
mony is in jeopardy from pillage of archaeological or eth-
nological materials may call upon other State Parties who
are affected. The States Parties to this Convention under-
take, in these circumstances, to participate in a concerted
international effort to determine and to carry out the nec-
essary concrete measures, including the control of exports
and imports and international commerce in the specific
materials concerned. Pending agreement each State con-
cerned shall take provisional measures to the extent feasi-
ble to prevent irremediable injury to the cultural heritage
of the requesting State.
In decribing what is contemplated by this provision, the Commit-
tee on Foreign Relations stated that-
at the UNESCO 16th General Conference, the U.S. dele-
gate said before voting that in his view the procedure in
article 9 for determination of concrete measures to deal
with pillage of archaeological, or ethnological materials
will permit the states affected to determine by mutual
agreement the measures that can be effective in each par-
ticular case to deal with the situation and to accept re-
sponsibility for carrying out those measures on a multilat-
eral basis. Two examples of such situations are (1) the case
in which the remains of a particular civilization are
threatened with destruction or wholesale removal as may
be true of certain pre-Columbian monuments, and (2) the
case in which the international market for certain items
has stimulated widespread illegal excavations destructive
of important árchaeological resources.
Exec. Rep. No. 92-29, 92d Cong., 2d Sess. 5 (1972). The latter two
situations are addressed in sections 204 and 203, respectively.
Sections 203(a) and (c) together comprise the substantive grant of
authority for the President to enter into bilateral or multilateral
agreements intended to provide U.S. cooperation towards protect-
ing from the danger of pillage the archaeological or technological
materials comprising the cultural patrimony of another State
Party. The President, with the advice of the Advisory Committee
established in section 206, must make several determinations prior
to concluding such an agreement. In general, these are intended to
ensure that the requesting nation is engaged in self-help measures
and that U.S. cooperation, in the context of a concerted interna-
tional effort, will significantly enhance the chances of their success
in preventing the pillage.
Specifically, after a request by the victimized nation, the Presi-
dent may enter into agreements to apply the import controls au-
thorized by section 207 if he determines the following:
(1) The cultural patrimony of the State Party is in jeopardy
from pillage of its archeological or ethnological materials;
(2) the State Party has taken measures consistent with the
Convention to protect its cultural patrimony;
27
(3) application of import restrictions, in the context of a con-
certed international effort, to archeological or ethnological ma-
terial of the State Party would be of substantial benefit in de-
terring a serious situation of pillage, and less drastic remedies
are not available; and
(4) application of import restrictions in the particular cir-
cumstances is consistent with the general interest of the inter-
national community in the interchange of cultural property
among nations for scientific and educational purposes.
The Committee intends these limitations to ensure that the
United States will reach an independent judgment regarding the
need and scope of import controls. That is, U.S. actions need not be
coextensive with the broadest declarations of ownership and his-
torical or scientific value made by other nations. U.S. actions in
these complex matters should not be bound by the characterization
of other countries, and these other countries should have the bene-
fit of knowing what minimum showing is required to obtain the
full range of U.S. cooperation authorized by this bill.
The concept that U.S. import controls should be part of a con-
certed international effort is embodied in article 9 of the Conven-
tion and carried forward in section 203. In previous years' consider-
ation of various proposals for implementing legislation, a particu-
larly nettlesome issue was how to formulate standards establishing
that U.S. controls would not be administered unilaterally. The com-
mittee believes that the language now adopted, which amends that
contained in S. 1723 and which is agreeable to all private sector
parties that have contributed actively to the Committee's consider-
ation of the bill, satisfies the twin interests of obtaining interna-
tional cooperation while achieving the goal of substantially contrib-
uting to the protection of cultural property from further destruc-
tion.
The bill reflects the principle of participation in a concerted in-
ternational effort in the following manner. Under section
203(a)(1)(C)(i), as a precondition to entering into an agreement the
President must determine that import restrictions, "if applied in
concert with similar restrictions implemented, or to be implement-
ed 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 seri-
ous situation of pillage. Section 203(c)(1) then specifically
denies the President the authority to enter into an agreement
unless these conditions are satisfied. The determination of which
countries have a significant import trade in the material that is in
jeopardy of being pillaged, and whether the effort will help to ame-
liorate the problem, is within the discretion of the President. These
decisions inherently preclude precise determination, given the
goals of the Convention and the uncertain factual basis for them.
For example, whether a country has a "significant import trade"
may be a function of not only value of imports, but type and histor-
ic trading patterns. Therefore, a measure of Presidential judgment
is required. Nevertheless, the committee believes the standards set
forth in this section, together with active contributions by the Ad-
visory Committee to the Administration's decisionmaking process,
28
will ensure that the President will enter into agreements only in
accord with the purposes and standards of the bill.
It is the committee's further intent that the formula measuring
the presence and worth of a "concerted international effort" not be
so mechanical as to preclude the conclusion of agreements under
section 203(a) where the purposes of the legislation nevertheless
would be served by doing so. Therefore, the Committee adopted in
section 203(c)(2) a limited exception to the general requirement laid
down by section 203(c)(1). This exception allows the President. once
he has identified the significant importing nations the participa-
tion of which ordinarily would be expected to comprise a concerted
international effort, to enter into agreements without the partici-
pation of all such nations. To do so, he must determine with regard
to particular such nations that they are not implementing similar
import controls but-
(A) such restrictions are not essential to deter a serious situ-
ation of pillage, and
(B) the application of the import restrictions set forth in sec-
tion 207 in concert with similar restrictions implemented, or to
be implemented, by other nations (whether or not State Par-
ties) individually having a significant import trade in such ma-
terial would be of substantial benefit in deterring a serious sit-
uation of pillage.
The essential nature of a concerted international effort is thus pre-
served, while the president is allowed to move forward without the
full participation of nations the contributions of which are not es-
sential to amelioration of the problem.
Section 203 contains other limitations on the President's agree-
ment-making authority. Subsections (b) and (e) limit the term of
the agreements to five years, with the possibility of extension for
additional five-year periods if, after an opportunity for public com-
ment and Advisory Committee review, the President determines
that the circumstances warrant an extension. Further, under sub-
section (d) the President must suspend an agreement if he deter-
mines that the circumstances originally constituting the basis for
its entry into force no longer obtain.
Section 204 authorizes the President to impose the import re-
strictions set forth in section 207 on archaeological or ethnological
materials of any State Party if he determines that an emergency
condition exists with respect to such material. The emergency re-
strictions may not apply for more than 5 years, although they may
be extended for one additional period of not more than 3 years if
the emergency persists. Subsection (a) defines "emergency condi-
tion" as a situation in which the archaeological or ethnological ma-
terial of a State Party is one of the following:
(1) newly discovered material important for understanding
the history of mankind and in jeopardy from pillage, disman-
tling, dispersal, or fragmentation;
(2) identifiable as coming from a site of high cultural signifi-
cance in jeoparrdy from pillage, dismantling, dispersal, or frag-
mentation which is or threatens to be of crisis proportions; or
(3) part of the remains of a particular civilization, the record
of which is in jeopardy from pillage, dismantling, dispersal or
fragmentation which is or threatens to be of crisis proportions.
29
In addition, the President must determine that application of tem-
porary import restrictions would reduce the incentive for such pil-
lage, dismantling. dispersal, or fragmentation, in whole or in part.
Besides time limitations, subsection (c) imposes two limitations
on the emergency authority. First, it prohibits the President from
implementing section 204 unless the State Party made a request to
the United States as in section 203(a) for assistance under Article 9
of the Convention. However, the State Party need not indicate in
tis request that an emergency condition exists as a necessary pre-
condition to the use of the emergency authority, although the in-
formation provided in its request must support such a funding.
Second, before making his decision on emergency action, the Presi-
dent must consider the views and recommendations of the Advisory
Committee on the use of the emergency authority if the committee
has submitted its report to him within 90 days after the President
provides it information on the request of the State Party. The in-
formation provided by the President should include any indication
by the State Party of an emergency situation.
Section 204(c)(4) provides the President with additional means to
continue the emergency import restrictions after an agreement is
concluded. This subsection provides that when an agreement is con-
cluded under section 203 or the Senate has given its advice and
consent to a treaty, the President may continue to apply the emer-
gency import restrictions to the covered articles, as originally pro-
mulgated or as modified, for a period lasting until their expiration
under the agreement or treaty.
In order to carry out the import restrictions contemplated by
agreements entered into pursuant to section 203 or by the emer-
gency authority granted by section 204, the specific types of archae-
ological or ethnological materials that will be restricted must be
identified. Section 205 authorizes the Secretary of the Treasury to
do so by regulation. The Secretary will consult with the Director of
the United States Information Agency before promulgating such a
list, as the latter is responsible for servicing the work of the Advi-
sory Committee that is expected to contribute heavily to the com-
position of the list. The Secretary may list such material by type or
other classification but each such listing must be sufficiently specif-
ic and precise to serve the two purposes of ensuring that (1) the
import restrictions are applied only to material covered by the
agreement or emergency action (that is, pillage is creating the jeop-
ardy to the cultural patrimony of the State Party found to exist
under section 203 or section 204); and (2) importers and other inter-
ested persons are provided fair notice of what archaeological or
ethnological material is subject to import restrictions.
Section 207 bars the importation of any article designated for re-
striction under section 205 unless it is accompanied by proper
export documentation from the originating State Party, or unless
satisfactory evidence is adduced that the export occurred either
before the designation or more than 10 years prior to the entry and
the importer involved or a "related person" did not acquire an in-
terest in the article prior to one year before entry. Section 207(d)
defines "related persons" for this purpose. The committee believes
these requirements strike a fair balance between the authority nec-
essary to avoid circumvention of and to enforce "related persons"
30
to this end. The committee believes these requirements strike a
fair balance between the authority necessary to avoid circumven-
tion of and to enforce controls this Government undertakes to im-
plement. and the desire to lessen the burden of such restrictions on
normal art trade and on innocent purchasers of art.
Entries failing to met the requirements of this section are subject
to seizure and forfeiture pursuant to section 210. Indeed. even if an
item is permitted to enter the country, it may be seized under sec-
tion 210 if it was subject to seizure had the facts been known. In
order to obtain entry in the first instance, a consignee must pre-
sent "satisfactory evidence" that these requirements are satisfied.
Under section 207(c). such evidence in general consists of a declara-
tion under oath by the consignee attesting to the necessary facts
and statements by the consignor to the same effect together with
the reasons upon which he bases these statements. The committee
understands the latter requirement of providing reasons to mean
that the consignor must present to the Customs officer a substan-
tial basis for his assertions in the statement. Although this section
thus recognizes the difficulties in obtaining sworn declarations by
foreign consignors, it requires more than a superficial meeting of
the requirements of "satisfactory evidence."
Section 206.-The exercise by the President of the authorities
provided in sections 203-205 will require substantial input from
knowledgable representatives of the private sector. Section 206 es-
tablishes a Cultural Property Advisory Committee for this purpose.
The eleven members of the Advisory Committee will include two
members representing the interests of museums; three archaeolo-
gists, anthropologists, or experts in related fields; three persons
representing the interests of art dealers; and three representatives
of the general public. While following the same division of inter-
ests, the committee rejected the formulation in S. 1723 of enumer-
ating specific associations, each of which would nominate a few
names from which the President would be required to select his ap-
pointments. This approach raises a serious question of unconstitu-
tional infringement of the President's appointment power. Of equal
concern would be the deviation from the established practice of cre-
ating trade advisory committees adopted in section 135 of the
Trade Act of 1974 (19 U.S.C. 2155). While the associations listed in
S. 1723 doubtless will provide a rich source of qualified persons for
consideration by the President, the committee concluded that to
avoid any appearance of unfairness in the appointments process,
the pool of qualified nominees should not be arbitrarily restricted
to certain private groups.
In other respects also, the committee chose to follow the estab-
lished structure of trade advisory committees. under section
206(b)(3), appointments will be on a renewable 2-year basis. Subsec-
tion (h) ensures that in operation the Advisory Committee will con-
form to the strictures of the Federal Advisory Committee Act (5
U.S.C. app. I, sec. 1 et seq). Subsection (c) would establish a limited
statutory exception to the Freedom of Information Act, in addition
to the exemptions already contained therein. The committee be-
lieves this exception is warranted because of its limited nature, the
restricted scope of Advisory Committee functions, and the nature of
the information involved which, if released, could adversely affect
31
the President's ability to negotiate agreements authorized by this
Act. As the Advisory Committee's role is limited to pre-negotiation
determinations, it is expected that this provision will apply to only
a small volume of information. Subsection (j) confirms that private
sector Advisory Committee members are not expected. on the basis
of this legislation alone. to have a role in negotiating agreements
to which this bill pertains.
Section 206(d) provides that a majority of the eleven Advisory
Committee members shall constitute a quorum, and that it may act
by majority vote of those present and voting. As the Advisory Com-
mittee is required to adhere to certain time limits if its advice is to
be considered by the President. this provision will assist it in pro-
ceeding with business in the absence of several members.
Section 206(e) establishes the United States Information Agency
as the secretariat of the Advisory Committee. Other agencies, par-
ticularly the Departments of State, Justice, the Treasury, and the
General Services Administration are expected to facilitate the Ad-
visory Committee's operations in every reasonable way.
Sections 206 (f) and (g) set forth the substantive responsibilities
of the Advisory Committee. under subsection (f), it will report on
requests for assistance by other State Parties and whether agree-
ments or emergency measures would be the proper response. The
reports are to contain substantive analyses and recommendations,
and any dissents. The Advisory Committee will also review existing
agreements and emergency controls and report on the need for ex-
tending or suspending such agreements or emergency controls.
Through this mandate, the committee believes the Advisory Com-
mittee will play a prominent role in achieving effective implemen-
tation of this bill.
Section 208.-Section 208 implements article 7(b)(i) of the Con-
vention, which requires State Parties to undertake to prohibit the
import of cultural property stolen from a museum or a religious or
secular public monument or similar institution in another State
Party to this Convention after the entry into force of this Conven-
tion for the States concerned, provided that such property is docu-
mented as appertaining to the inventory of that institution.
Section 208 prohibits the importation of any article of cultural
property stolen from the inventory of a museum or religious or sec-
ular monument or similar institution. "Cultural property" is de-
fined to include the categories of articles listed in article 1 of the
Convention, whether or not the article is specifically designated by
the State Party for this purpose. The term thus is broader than but
inclusive of "archaeological or ethnological material." This provi-
sion will apply to items of cultural property stolen from a broad
range of institutions and public monuments in State Parties. In ad-
dition to public museums, the language is intended to cover cathe-
drals, temples, shrines, and other such edifices or sites open for
public visitation or scientific study. Examples include the Wailing
Wall in Jerusalem; Pompeii, Italy; Teotihuscan, Mexico; Angkor
Wat, Cambodia; the Colosseum, Rome; Arc de Triomphe, Paris, etc.
Covered are facades, murals, internal and external. ornamentation,
statuary, paintings, objects of artistic or religious significance, etc.,
affixed to, or located in or on such edifices or sites.
32
An article of cultural property would be covered by section 208 if
it were listed in the inventory of a particular institution or if it
were affixed to or located in or on an edifice or site which itself is
included in an inventory. The committee intends the language
"documented as appertaining to the inventory" to be read broadly
in the context of the actual practices by which nations identify and
maintain their cultural treasures, not only in museums but also
those associated with monuments. "Documented," for example, is
intended to cover photographic and other types of evidence in addi-
tion to formal museum records. Further, "inventory" should be
broadly construed where public and religious monuments and simi-
lar institutions are concerned.
Section 208 takes effect with respect to any article stolen after
the effective date of this act or after the date the convention enters
into force for the State Party, whichever is later. This is without
regard to whether or not the United States has an agreement
under section 203 or has taken emergency action under section 204
to restrict importation of archaeological or ethnological material
from that State Party.
Section 209.-Section 209 provides for temporary retention of any
archaeological or ethnological material or article of cultural prop-
erty in a public museum or other cultural or scientific institution
in the United States pending a final determination of whether the
material or article was imported in violation of sections 207 or 208.
The Secretary of the Treasury will permit retention upon applica-
tion by an institution if he finds that the institution will take suffi-
cient safeguards to protect the material or article and will post suf-
ficient bond to insure its return to the Secretary.
Sections 210-211.-Sections 210 and 211 contain the provisions
for seizure, forfeiture, and disposition of archaeological or ethnolog-
ical material or of stolen articles of cultural property imported in
violation of sections 207 or 208.
Section 210 contains the seizure and forfeiture provisions and the
conditions for return to the State Party of protected material or ar-
ticles which are forfeited to the United States. Subsection (a) pro-
vides that any designated archaeological or ethnological material
or article of cultural property imported in violation of section 207
or 208 will be subject to seizure and forfeiture. All provisions of law
relating to seizure, forfeiture, and condemnation for violation of
the customs law apply insofar as they are applicable to and not in-
consistent with provisions of this Act.
The Committee agreed to amend S. 1723 to allow both summary
and judicial forfeiture proceedings. It accepted the argument of the
Administration and others that many articles potentially subject to
forfeiture are likely to be small in value, and neither the consignee
nor the Government will wish to bear the costs of a judicial pro-
ceeding concerning them. Further, the limited resources of the
courts should not be diverted to these minor cases if the parties do
not wish to undergo such proceedings. Finally, anyone seeking judi-
cial forfeiture may do so by posting a small bond; therefore, elimi-
nating the requirement of judicial forfeiture proceedings does not
abridge any rights or opportunities of the defendant.
Subsection (b) specifies that any archaeological or ethnological
material imported in violation of section 207 and forfeited to the
33
United States must first be offered for return to the State Party.
The object will be returned if the State Party bears the expenses of
return and delivery and complies with any other requirements re-
lated to the return prescribed by the Secretary of the Treasury.
Otherwise, the object will be disposed of as prescribed for articles
forfeited for violation of the customs law, unless the claimant es-
tablishes valid title to the material and that he is a bona fide pur-
chaser for value of it.
Subsection (c) specifies that any action for forfeiture of an article
of cultural property imported in violation of section 208 is subject
to the following alternative resolutions:
1. If the claimant establishes valid title as against the institution
from which the article was stolen, forfeiture will not be decreed
unless the State Party requesting its return agrees to pay the
claimants holding valid title just compensation.
2. If the claimant does not establish valid title but establishes his
purchase for value without knowledge or reason to believe the arti-
cle was stolen, than forfeiture will not be decreed unless (a) State
Party to which the article is to be returned pays that innocent pur-
chaser and amount equal to what he paid for the article, or (b) the
United States establishes that the State Party as a matter of law
or reciprocity would in similar circumstances recover and return
an article stolen from a United States institution without requiring
payment of compensation.
Implementation of article 7(b) of the Convention affects neither
existing remedies available in State or Federal courts nor laws pro-
hibiting the theft and the knowing receipt and transportation of
stolen property in interstate and foreign commerce (e.g., National
Stolen Property Act, Title 18, U.S.C. Sections 2314-15), including
the possible recovery of stolen property for the rightful owner in
the courts without payment of compensation. Article 7(b)(ii) of the
Convention specifically requires that an offer of just compensation
be made to a person holding valid title to, or to an innocent pur-
chaser of, an article of cultural property by the State Party re-
questing its return. However, innocent purchasers who do not ac-
quire valid title as against the true owner may not be entitled to
compensation under applicable municipal laws in the United
States. Consequently, the fourth understanding adopted by the
Senate in its advice and consent to ratification of the Convention,
as reflected in section 210(c), provides that the United States is pre-
pared to return recovered stolen cultural property without pay-
ment of compensation if it establishes before the court as a matter
of law or reciprocity that the claiming State Party would in similar
circumstances recover and return an article stolen from an institu-
tion in the United States without requiring payment of compensa-
tion. It is considered that reciprocity would have to be shown by a
Government decree, proclamation, written commitment, written,
opinion, or other such evidence.
Section 211 establishes the evidentiary requirements for any for-
feiture proceeding under this Act in which archaeological or ethno-
logical material or an article of cultural property is claimed by any
person. Nothwithstanding section 615 of the Tariff Act of 1930, the
burden of proof will be on the United States in such proceedings to
establish that material subject to section 207 has been designated
98-658 D - 82 - 5
34
by the Secretary of the Treasury under section 205 as covered by
an agreement with a State Party or by an emergency action. In the
case of an article of cultural property, the United States must es-
tablished that the article appertains to the inventory of a museum
or similar institution in a State Party and was stolen from that in-
stitution after the effective date of this Act or after the date the
Convention entered into force for the State Party concerned,
whichever is later.
Section 212.-Section 212 exempts archaeological or ethnological
material or article of cultural property from the provisions of the
Act under any of the following circumstances:
1. Material or articles imported into the United States for tempo-
rary exhibition or display are exempt if they are immune from
seizure under judicial process pursuant to 22 U.S.C. 2459. To
achieve such immunity, the President or his designee must have
determined prior to importation of the object that it is of cultural
significance and that its temporary exhibition or display within the
United States is in the national interest, and he must have pub-
lished notice to this effect in the Federal Register.
2. Material or articles held at least three years in the United
States by a public institution that openly procured, displayed, or
publicized its possession of the objects.
3. Material or articles held in the United States for at least 10
consecutive years from the date of the importation and (a) exhibit-
ed for at least 5 years during that period in a recognized museum,
religious, or secular monument, or similar institution, or (b), if (a)
does not apply, the State Party received or should have received
fair notice through publication or other means, to be prescribed by
regulation, of its location within the United States during this
period.
4. If none of the above apply then the material or articles have
been in this country for at least 20 years and the claimant pur-
chased them without awareness of their illegal origin.
The purpose of these exceptions is to provide a time certain
when an adequate opportunity to identify and to recover illicitly
traded art will have been afforded, and rights to objects can be set-
tled.
Section 213.-Section 213 authorizes the Secretary of the Treas-
ury to prescribe rules and regulations as necessary and appropriate
to carry out the act.
Section 214.-Section 214 provides for custom officers to enforce
the Act in the United States customs territory and in the Virgin
Islands. The President will designate persons to enforce the act in
other United States territories or areas outside the customs terri-
tory or Virgin Islands.
Section 215.-Section 215 provides for the act to take effect on
the 90th day after enactment, or on a prior date after enactment
that the President prescribes and publishes in the Federal Register
if he has appointed the initial members of the Advisory Committee.
The President may appoint the Advisory Committee members any
time after the date of enactment of this act.
6-25-85
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No. 122
Tuesday
June 25, 1985
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Federal Register 1 Vol. 50, No. 122 / Tuesday. June 25, 1985 / Rules and Regulations
26193
SUPPLEMENTARY INFORMATION:
and Transfer of Ownership of Cultural
Background
Property (823 U.N.T.S. 231 (1972)). U.S.
Beginning in the late 1960's, the U.S.
acceptance of the 1970 UNESCO
began participating in negotiations,
Convention was codified into U.S. law
sponsored by the United Nations,
as the "Convention on Cultural Property
Educational, Scientific and Cultural
Implementation Act" (Pub. L. 97-446. 96
Organization (UNESCO), addressing the
Stat. 2329 at 2350). The spirit of the
problem of illicit international trade in
Convention was enacted into law to
cultural property. Cultural property was
promote U.S. leadership in achieving
DEPARTMENT OF THE TREASURY
defined as property which, on religious
greater international cooperation
or secular grounds, is specifically
towards preserving cultural treasures
Customs Service
designated by a country as being
that are of importance not only to the
important in the archaeology, prehistory,
nations whence they originate, but also
19 CFR Parts 12 and 178
history, literature, art, or science of that
to greater international understanding of
country.
mankind's common heritage. In 1983 the
IT.D. 107]
Cultural property, whether
U.S. became the first major art-
archaeological or ethnological in nature,
importing country to implement the 1970
Interim Customs Regulations
is subject to 8 unique international trade
Convention.
Amendments Concerning Convention
problem. As demand for cultural
It is with these goals in mind that
on Cultural Property Implementation
property has increased, the supply
Customs now invites public comment on
Act
cannot keep pace in the usual manner of
the following interim amendments to the
a commodity, that is, increased
production. The property is by its very
Customs Regulations designed to carry
AGENCY: Customs Service, Treasury.
nature of extreme rarity. This situation
out the policies of the Convention on
ACTION: Interim regulations, solicitation
has resulted in theft of existing artifacts,
Cultural Property Implementation Act.
of comments.
clandestine excavation of
Customs is aware that these regulations
SUMMARY: This document sets forth
archaeological sites and accompanying
will be supplementing existing laws
interim amendments to the Customs
illegal importing and exporting.
such as the National Stolen Properties
The value of cultural property is
Act, 18 U.S.C. 2314, and other bilateral
Regulations in response to the
immeasurable. Such items often
agreements and treaties.
Convention on Cultural Property
Implementation Act. The Convention
constitute the very essence of a society
By T.D. 85-53, published in the
addressed the problem of illicit
and convey important information
Federal Register on March 26, 1985 (50
importing and exporting of items of
concerning a people's origin, history,
FR 11849), the Customs Regulations
cultural property, that is, items of
and traditional setting. The educational
were amended by setting forth 8 list of
importance for archaeology, prehistory,
value of an artifact is forever lost when
information collections contained in the
history. Interature, art, OF science. These
it is removed from its natural resting
regulations and displaying the control
interim regulations are intended to
place by one motivated by greed rather
number assigned by the Office of
prohibit illicit traffic in cultural property
than scientific curiosity. Similarly, when
Management and Budget (OMB). in
while allowing the exchange of national
irreplaceable relics are stolen from
accordance with the Paperwork
treasures for legitimate scientific,
museums or other such institutions by
Reduction Act of 1980 (44 U.S.C. 3501).
educational. and cultural purposes.
one hoping to profit from the black
The list was set forth in a new Part 178
These interim regulations are effective
market for such goods, one hoping to
(19 CFR Part 178). The interim
for all importations of cultural property,
profit from the lessons of history is
regulations in this document are subject
or archaeological or ethnological
denied his or her chance.
to the Paperwork Reduction Act and
material. subject to the Convention on
There has been growing sencern in
have been approved by OMB. It is
Cultural Property Implementation Act
the U.S. regarding the need for
therefore necessary to amend Part 178
(Pub. L. 97-446, 96 Stat. 2329).
protecting endangered cultural property.
by adding OMB Control No. T515-0147
DATES: Effective July 25, 1985. Written
The appearance in the U.S. of staten or
to the list.
comments received on or before August
illegally exported artifacts from other
26, 1985, will be considered in
countries where there has been recent
Comments
determining whether any changes to the
pillaging has, on occasion, strained our
interim regulations are required before a
foreign and cultural relations with
final rule is published.
various nations. This situation,
Before adopting the interim
combined with the concerns of the
regulations as a final rule, Customs will
ADDRESS: Written comments (preferably
in triplicate) may be submitted to and
museum, archaeological, and scholarly
give consideration to any written
communities, was recognized by the
comments (preferably in triplicate)
inspected at the Regulations Control
Branch, Customs Service Headquarters,
President and Congress. Codes of ethics
timely submitted to the Commissioner.
and professional standards were
Comments submitted will be available
1301 Constitution Avenue, NW., Room
2426, Washington, D.C. 20229.
formally developed by these
for public inspection in accordance with
communities. It became apparent that it
the Freedom of Information Act (5 U.S.C.
FOR FURTHER INFORMATION CONTACT:
was in the national interest for the U.S.
552), § 1.6, Treasury Department
Legal Aspects: Tom Lindmeier, Entry.
to join with other countries to control
Regulations (31 CFR 1.6) and § 103.11(b),
Procedures and Penalties Division (202-
illegal trafficking of such articles in
Customs Regulations (19 CFR 103.11(b)).
556-5765):
international commerce.
on normal business days between the
Operational Aspects: Harrison Feese,
The U.S. joined international efforts
hours of 9:00 a.m. and 4:30 p.m. at the
Duty Assessment Division (202-566-
and actively participated in negotiations
Regulations Control Branch, Customs
8652); U.S. Customs Service, 1301
resulting in the 1970 UNESCO
Service Headquarters, Room 2426, 1301
Constitution Avenue, NW., Washington,
Convention on the Means of Prohibiting
Constitution Avenue, NW., Washington.
D.C. 20229.
and Preventing the Illicit Import, Export
D.C. 20229.
26194
Federal Register / Vol. 50. No. 122 / Tuesday, June 25, 1985 / Rules and Regulations
Inapplicability of Notice and Delayed
Management and Budget and assigned
§ 12.26 also issued under 18 U.S.C. 42:
Effective Date Provisions
control number 1515-0147.
§ 12.28 also issued under 18 U.S.C. 42. 19
U.S.C. 1527:
The Convention on Cultural Property
Drafting Information
§ 12.34 also issued under 19 U.S.C 1202
Implementation Act, Pub. L. 97-446,
The principal author of this document
(Sch. 7, 9A. hdnote 1):
became effective on April 12. 1983, and
was John E. Doyle. Regulations Control
§ 12.37 also issued under 27 U.S.C. 203:
the provisions relating to the
12.39 also issued under 19 U.S.C. 1337,
Branch. Office of Regulations and
importation of stolen property became
1623:
Rulings, U.S. Customs Service. However.
§ 12.40-12.41 also issued under 19 U.S.C.
effective on that date. The provisions of
personnel from other Customs offices
1305:
the Act relating to the importation of
participated in its development.
§§ 12.42-12 also issued under 19 U.S.C.
listed archeological and ethnological
1307:
property are fairly detailed and the
List of Subjects
§ 12.73 also issued under 19 U.S.C. 1484. 42
interim regulations issued pursuant to
19 CFR Port 12
U.S.C. 7522. 7601;
them create no new legal rights nor
§ 12.85 also issued under 19 U.S.C. 1623. 46
affect those provided for in the existing
Customs duties and inspection.
U.S.C. 4302. 4306. 4310:
statutory provisions.
Imports, Exports.
§§ 12.95-12.103 also issued under 18 U.S.C.
54:
The U.S. Information Agency has been
19 CFR Part 178
§ 12.104 et seq., also issued under 19 U.S.C.
approached by several foreign
Reporting and recordkeeping
2612.
signatories to the Treaty concerning
requirements, Paperwork requirements,
requests for import restrictions on
Collection of information.
2. All other statutory authority cited at
designated archaeological and
the end of various sections in Part 12 is
ethnological items. USIA has a strong
Amendments To the Regulations
removed.
indication that one or more of these
Parts 12 and 178 Customs Regulations
3. Part 12 is further amended by
countries is presently preparing to apply
(19 CFR Parts 12. 178), are amended in
adding a new unit titled. "Cultural
formally for U.S. import restrictions. In
the following manner:
Property", designated § § 12.104-12.104
light of the interest expressed by these
to read as follows:
foreign governments and the need for
PART 178-APPROVAL OF
Cultural Property
the U.S. Government to respond to such
INFORMATION COLLECTION
requests immediately, interim
REQUIREMENTS
Sec.
regulations are necessary to facilitate
12.104 Definitions.
1. The authority citation for Part 178 is
U.S. response to such requests as
12.104a Importations prohibited.
revised to read as follows:
12.104b State Parties to the Convention.
required by law pursuant to statutory
deadlines.
Authority: 5 U.S.C. 301, 19 U.S.C. 1624, 44
12.104c Importations permitted.
Therefore, it has been determined
U.S.C. 3501 et seq.
12.104d Detention of articles, time in which
to reply.
that, pursuant to 5 U.S.C. 553(b)(B),
§ 178.2 (Amended)
12.104e Seizure and forfeiture.
notice and public procedure are
2. Section 178.2 is amended by
12.104f Temporary disposition of materials
impracticable, unnecessary, and
and articles.
inserting, in proper numerical order, the
contrary to the public interest. For the
12.104g Specific items designated by
following entry:
same reasons, pursuant to 5 U.S.C.
agreements or emergency actions.
553(d)(3), it has been determined that
12.104h Exempt materials and articles.
OMB
19 CFR
good cause exists for dispensing with a
Description
Control
12.104 Enforcement.
Section
No.
delayed effective date.
§ 12.104 Definitions.
H 12 104c.
Certificates and other documen-
1515-0147
Executive Order 12291
12.104e.
tation relating to the importa-
For purposes of § 12.104 through
tion of Items of cultural prop-
12.104i:
Inasmuch as Customs believes the
arty
(a) The term, "archaeological or
interim amendment does not meet the
ethnological material of the State Part to
criteria for a "major rule" within the
the 1970 UNESCO Convention" means-
meaning of section 1(b) of E.O. 12291, a
PART 12-SPECIAL CLASSES OF
(1) Any object of archaeological
regulatory impact analysis has not been
MERCHANDISE
interest. No object may be considered to
prepared.
1. The authority citation for Part 12 is
be an object of archaeological interest
Regulatory Flexibility Act
revised to read as follows:
unless such object-
Because no notice of proposed
Authority: 5 U.S.C. 301. 19 U.S.C. 66, 1202
(i) Is of cultural significance;
rulemaking is required for these
(Gen. Hdnote 11. Tariff Schedules of the
(ii) Is at least 250 years old;
regulations, the provisions of the
United States). 1624. §§ 12.105-12.109 also
(iii) Was normally discovered as a
Regulatory Flexibility Act (5 U.S.C. 601-
issued under 19 U.S.C. 2094. §§ 12.110-12.117
result of scientific excavation,
also issued under 7 U.S.C. 136 et seq.
612) are inapplicable. However any
clandestine or accidental digging, or
§§ 12.118-12.127 also issued under 15 U.S.C.
comments submitted with regard to the
exploration on land or under water:
2601 et seq.:
economic impact of these regulations
I 12.1 also issued under 21 U.S.C. 371(b):
(iv) Meets such standards as are
will be considered before a final rule is
& 12.3 also issued under 7 U.S.C. 135h. 21
generally acceptable as archaeological
issued.
U.S.C. 381(b):
such as. but not limited to, artifacts,
§ 12.4 also issued under 21 U.S.C. 381(b):
buildings, parts of buildings. or
Paperwork Reduction Act
§ 12.6 also issued under 7 U.S.C. 1854, 19
decorative elements. without regard to
U.S.C. 1303:
The interim regulations are subject to
whether the particular objects are
I 12.10 also issued under 7 U.S.C. 151-162:
the Paperwork Reduction Act of 1980 (44
§ 12.15 also issued under 19 U.S.C. 1558:
discovered by exploration or
U.S.C. 3501). Accordingly, applicable
excavation: or
§ 12.16 also issued under 7 U.S.C. 1592(b);
sections of the interim regulations have
§§ 12.21-12.23 also issued under 42 U.S.C.
(2) Any object of ethnological interest.
been cleared by the Office of
262:
No object may be considered to be an
Federal Register / Vol. 50, No. 122 / Tuesday. June 25. 1985 / Rules and Regulations
26195
object of ethnological interest unless
(9) Postage. revenue and similar
have deposited an instrument of
such object-
stamps. singly or in collections:
ratification. acceptance or accession to
(i) Is the product of 8 tribal or
(10) Archives, including sound.
the Convention.
nonindustrial society. and
photographic and cinemategraphic
(ii) Is important to the cultural
archives:
heritage of a people because of its
(11) Articles of furniture more than
State Party
Date of entry into
force
distinctive characteristics. comparative
100 years old and old musical
rarity, or its contribution to the
instruments.
Algena
Sept 24, 1974
Argentina
Apr 11, 1973
knowledge of the origins. development.
(d) The term "designated
Bolivia
Jan 4. 1977
or history of that people.
archaeological or ethnological material"
Brazil
May 16. 1973
Bulgana
Apr 24. 1972
(3) Any fragment or part of any object
means any archaeological or
Cameroon
Aug 24. 1972
referred to in paragraph (a) (1) or (2) of
ethnological material of the State Party
Canada
June 28. 1978
this section which was first discovered
which—
Central African Republic
May 1, 1972
Cuba
Apr. 30. 1980
within. and is subject to export control
(1) Is-
Cyprus
Jan 19. 1980
by the State Party.
(i) Covered by an agreement under 19
Czechoslovakia
May 14, 1977
Democratic Kampuchea
Dec. 26, 1972
(b) The term "Convention" means the
U.S.C. 2602 that enters into force with
Democratic People's Republic of
Aug 13, 1983
Convention on the Means of Prohibiting
respect to the United States, or
Korea
and Preventing the Illicit Import, Export,
Dominican Republic
June 7, 1973
(ii) Subject to emergency action under
Ecuador
Apr. 24, 1972
and Transfer of Ownership of Cultural
19 U.S.C. 2603 and
Egypt
July 5, 1973
Property adopted by the General
(2) Is listed by regulation under 19
El Salvador
May 20, 1978.
German Democratic Republic
Apr. 16, 1974.
Conference of the United Nations
U.S.C. 2604.
Greece
Sept. 5. 1981.
Educational, Scientific, and Cultural
(e) The term "museum" means a
Guatemala
Apr. 14. 1985
Guinea
June 18. 1979.
Organization at its sixteenth session
public or private nonprofit agency or
Honduras
June 19, 1979
(823 U.N.T.S. 231 (1972)).
institution organized on a permanent
Hungary
Jan. 29, 1979.
(c) The term "cultural property"
basis for essentially educational or
India
Apr 24 1977.
Iran
Apr. 27, 1975.
includes articles described in Article 1
esthetic purposes, which, utitizing a
Iraq
May 12. 1973.
(a) through (k) of the Convention,
professional staff. owns or utilizes
Italy
Jan. 2, 1970
Jordan
June MR. 1974.
whether or not any such Article is
tangible objects, cares for them, and
Kuwait
Sept. 22. 1972
specifically designated by any State
exhibits them to the public or a regular
Mauritania
July 27, 1977.
Mauritius
Party for the purposes of Article 1.
basis.
May 27, 1978
Mexico
Jan. 4, 1973.
Article 1 lists the following categories:
(f) The term "Secretary" means the
Nepal
Sept. 23. 1976
(1) Rare collections and specimens of
Secretary of the Treasury or his
Nicaragua
July 19, 1977.
Niger
Jan. 16, 1973
fauma. flora. minerals and anatomy, and
delegate. the Commissioner of Customs.
Nigeria
Apr. 24, 1972.
objects of palmeontological interest;
(g) The term "State Party" means any
Oman
Sept. 2. 1978
Pakisten
(2) Property relating to history,
July 30, 1981.
nation which has ratified. accepted. or
Panama
Nov. 13, 1973.
including the history of science and
acceded to the 1870 UNESCO
Peru
Jan. 24. 1980
technology and military and social
Poland
Convention.
Apr. 30, 1974.
Qater
July 20, 1877.
history. to the life of national leaders.
(h) The term "United States" includes
Republic of Korea
May 14, 1983.
thinkers, acientists and artists and to
the customs territory of the United
Saudi Arabia
Dec. 8. 1976.
Senegal
Mar. B. 1885
events of national importance:
States, the U.S. Virgin Islands and any
Socialist people's Libyan Arab Jama-
Apr. of 1973.
(3) Products of archaeological
territory or area the foreign relations for
hinya
Sri Lanka
excavations (including regular and
July 7. TOBT.
which the U.S. is responsible.
Syrian Arab Republic
May 21, 1975
clandestine) or of archaeological
Tunisia
June 10. 1975
discoveries;
I 12.104a Importations prohibited.
Turkey
July 21, 1981.
United Republic of Tanzania
Nov. 2. 1977.
(4) Elements of artistic or historical
(a) No article of cultural property
United States of America
Dec. 2. 1983.
monuments or archseological sites
documented as appertaining to the
Uruguay
Nev. 9: 1077.
inventory of a museum or religious or
Yugeslavia
Jan. 3, 1976.
which have been dismembered;
Zaire
Dec. 23, 1974.
(5) Antiquities more than 100 years
secular public monument or similar
old such as inscriptions. coins and
institution in any State Party which was
engraved seals:
stolen from such institution after April
(b) Additions to and deletions from
(8) Objects of ethnological interest;
12, 1983, or after the date of entry into
the list of State Parties will be
(7) Property of artistic interest, such
force of the Convention for the State
accomplished by Federal Register
as:
Party. whichever date is later. may be
notice, from time to time, as the
(i) Pictures, paintings and drawings
imparted into the United States.
necessity arises.
produced entirely by hand on any
(b) No archaeological or ethnological
§ 12.104c Importations permitted.
support and in any material (excluding
material designated pursuant to 19
industrial designs and manufactured
U.S.C. 2604 and listed in § 12.104g. that
Designated archaeelogical or
articles decorated by hand):
is exported (whether or not such
ethnological material for which entry is
(ii) Original works of statuary art and
exportation is to the United States from
sought into the United States, will be
sculpture in any material:
the State Party). may be imported into
permitted entry if at the time of making
(iii) Original engravings, prints and
the United States unless the State Party
entry:
lithographs:
issues a certification or other
(a) A certificate, or other
(iv) Original artistic assemblages and
documentation which certifies that such
documentation, issued by the
montages in any material:
exportation was not in violation of the
Government of the country of origin of
(8) Rare manuscripts and incunabula.
laws of the State Party.
such material in a form acceptable to
old books, documents and publications
the Secretary. such form being, but not
of special interest fhistorical, artistic,
§ 12.104b State Parties to the Convention.
limited to, an affidavit, license, or permit
scientific, literary. etc) singly or in
(a) The following is 8 list of States
from an appropriate, authorized State
collections;
that are 8 State Party, that is, States that
Party official under seal, certifying that
26196
Federal Register / Vol. 50. No. 122 / Tuesday. June 25, 1985 / Rules and Regulations
such exportation was not in violation of
person shall be treated as 8 related
(B) that the claimant is a bona fide
the laws of that country, is filed with the
person to an importer. or to 8 person for
purchaser for value of the material; or
district director: or
whose account material is imported. if
(iii) if not returned to the State Party
(b) Satisfactory evidence is presented
such person-
under paragraph (a)(1)(i) of this section
to the district director that such
(1) Is 8 member of the same family as
or to a claimant under paragraph
designated material was exported from
the importer or person of account,
(a)(1)(ii) of this section. be disposed of
the State Party not less than 10 years
including. but not limited to,
in the manner prescribed by law for
before the date of such entry and that
membership as a brother or sister
articles forfeited for violation of the
neither the person for whose account the
(whether by whole or half blood).
customs laws. No return of material may
material is imported (or any related
spouse. ancestor. or lineal descendant;
be made under paragraph (a)(1) (i) or (ii)
person) contracted for or acquired an
(2) Is 8 partner or associate with the
of this section unless the State Party or
interest, directly or indirectly, in such
importer or person of account in any
claimant, as the case may be. bears the
material more than 1 year before that
partnership. association. or other
expenses incurred incident to the return
date of entry, or
venture; or
and delivery, and complies with such
(c) Satisfactory evidence is presented
(3) Is a corporation or other legal
other requirements relating to the return
to the district director that such
entity in which the importer or person of
as the Secretary shall prescribe.
designated material was exported from
account directly or indirectly owns,
(b) Whenever any stolen article of
the State Party on or before the date on
controls, or holds power to vote 20
cultural property is imported into the
which such material was designated
percent or more of the outstanding
United States in violation of 19 U.S.C.
under 19 U.S.C. 2604.
voting stock or shares in the entity.
2607, such cultural property shall be
(d) The term "satisfactory evidence"
seized and forefeited to the United
means-
$ 12.104d Detention of articles; time In
States in accordance with Part 162 of
(1) For purposes of paragraph (b) of
which to comply.
this chapter.
this section-
In the event an importer cannot
(i) One or more declarations under
(1) Any stolen article of cultural
produce the certificate or evidence
oath by the importer, or the person for
property which is forefeited to the
required in § 12.104c at the time of
whose account the material is imported,
United States shall, in accordance with
making entry, the district director shall
stating that, to the best of his
the provisions of Title III of Pub. L. 97-
take the designated archaeological or
knowledge-
446, 19 U.S.C. 2609(c):
ethnological material into Customs
(A) The material was exported from
(i) First be offered for return to the
custody and send it to a bonded
the State Party not less than 10 years
State Party in whose territory is situated
warehouse or public store to be held at
before the date of entry into the United
the institution referred to in 19 U.S.C.
the risk and expense of the consignee
States, and
2607 and shall be returned if that State
until the certificate or evidence is
(B) Neither such importer or person
Party bears the expenses incident to
(or any related person) contracted for or
presented to such officer. The certificate
such return and delivery and complies
acquired an interest, directly or
or evidence must be presented within 90
with such other requirements relating to
indirectly. in such material more than 1
days after the date on which the
the return as the Secretary prescribes; or
year before the date of entry of the
material is taken into Customs custody,
material; and
or such longer period as may be allowed
(ii) if not returned to such State Party.
(ii) A statement provided by the
by the district director for good cause
be disposed of in the manner prescribed
consignor, or person who sold the
shown.
by law for articles forefeited for
violation of the customs laws.
material to the importer, which states
12.104e Seizure and forfeiture.
the date, or, if not known, his belief, that
§ 12.104f Temporary disposition of
the material was exported from the
(a) Whenever any designated
materials and articles.
State Party not less than 10 years before
archaeological or ethnological material
Pending a final determination as to
the date of entry into the United States
is imported into the United States in
whether any archaeological or
violation of 19 U.S.C. 2606, and the
and the reasons on which the statement
ethnological material, or any article of
importer states in writing that he will
is based; and
cultural property, has been imported
(2) For purposes of paragraph (c) of
not attempt to secure the certificate or
into the United States in violation of 19
evidence required by § 12.104c, or such
this section—
U.S.C. 2606 or 19 U.S.C. 2607, the
(i) One or more declarations under
certificate or evidence is not presented
to the district director before the
Secretary may permit such material or
oath by the importer or the person for
article to be retained at a museum or
whose account the material is to be
expiration of the time provided in
other cultural or scientific institution in
imported, stating that, to the best of his
§ 12.104d, the material shall be seized
the United States if he finds that:
knowledge, the material was exported
and summarily forfeited to the United
States in accordance with Part 162 of
sufficient safeguards will be taken by
from the State Party on or before the
the museum or institution for the
date such material was designated
this chapter.
protection of such material or article;
under 19 U.S.C. 2604, and
(1) Any designated archaeological or
and sufficient bond is posted by the
(ii) A statement by the cosignor or
ethnological material which is forfeited
museum or institution to ensure its
person who sold the material to the
to the United States shall, in accordance
return to the Secretary.
importer which states the date. or if not
with the provisions of Title III of Pub. L.
known. his belief. that the material was
97-446, 19 U.S.C. 2609(b):
$ 12.104g Specific Items or categories
exported from the State Party on or
(i) First be offered for return to the
designated by agreements or emergency
before the date such material was
State Party:
actions.
designated under 19 U.S.C. 2604, and the
(ii) if not returned to the State Party,
(a) [Reserved]
reasons on which the statement is
be returned to a claimant with respect to
(b) A list of specific items or
based.
whom the designated material was
categories designated by agreements or
(e) Related persons. For purposes of
forfeited if that claimant establishes-
emergency actions as coming under the
paragraphs (b) and (d) of this section, a
(A) valid title to the material;
protection of the Convention will from
Federal Register / Vol. 50, No. 122 / Tuesday. June 25, 1985 / Rules and Regulations
26197
time to time, as the necessity arises, be
than 10 consecutive years and the State
published in the Federal Register by
Party concerned has received or should
means of a general notice.
have received during such period fair
notice (through such adequate and
§ 12.104h Exempt material and articles.
accessible publication. or other means,
The provisions of this section shall
as the Secretary or his designee shall
not apply to-
prescribe) of its location within the
(a) Any archaeological or ethnological
United States: and
material or any article of cultural
(4) If none of the preceding
property which is imported into the
subparagraphs apply, has been within
United States for temporary exhibition
the United States for a period of not less
or display if such material or article is
than 20 consecutive years and the
rendered immune from seizure under
claimant establishes that it purchased
judicial process initiated by the U.S.
the material or article for value without
Information Agency, Office of the
knowledge or reason to believe that it
General Counsel and Congressional
was imported in violation of law.
Liaison. pursuant to the Act entitled "An
Act to render immune from seizure
§ 12.104) Enforcement.
under judicial process certain objects of
In the customs territory of the United
cultural significance imported into the
States, and in the U.S. Virgin Islands,
United States for temporary display or
the provisions of these regulations shall
exhibition. and for other purposes",
be enforced by appropriate customs
approved October 19, 1965 (22 U.S.C.
officers. In any other territory or area
2459): or
within the United States, but not within
(b) Any designated archaeological or
such customs territory or the U.S. Virgin
ethnological material or any article of
Islands. such provisions shall be
cultural property imported into the
enforced by such persons as may be
United States if such material or
designated by the President.
article-
William von Raab,
(1) Has been held in the United States
for a period of not less than 3
Commissioner of Customs.
consecutive years by a recognized
Approved April 2, 1985.
museum or religious or secular
John M. Walker, Jr.,
monument or similar institution, and
Assistant Secretary of the Treasury.
was purchased by that institution for
[FR Doc. 85-15142 Filed 6-24-85: 8:45 am]
value, in good faith, and without notice
BILLING CODE 4820-02-M
that such material or article was
imported in violation of this title. but
only if-
(i) the acquisition of such material or
article has been reported in a
publication of such institution, any
regularly published newspaper or
periodical with a circulation of at least
50,000. or a periodical or exhibition
catalog which is concerned with the
type of article or materials sought to be
exempted from this title,
(ii) such material or article has been
exhibited to the public for a period or
periods aggregating at least 1 year
during such 3-year period, or
(iii) such article or material has been
cataloged and the catalog material made
available upon request to the public for
at least 2 years during such 3-year
period:
(2) If paragraph (b)(1) of this section
does not apply, has been within the
United States for a period of not less
than 10 consecutive years and has been
exhibited for not less than 5 years
during such period in a recognized
museum or religious or secular
monument or similar institution in the
United States open to the public;
(3) If paragraphs (b) (1) and (2) of this
section do not apply. has been within
the United States for a period of not less
United States
Information
Agency
Washington, D.C. 20547
USIA
November 4, 1985
Dear Mr. President:
For more than two years the Department of State and the U.S. Information
Agency have discussed the issue of which executive agency should be delegated
the Presidential functions under the Cultural Property Act (Act) (Public Law
97-446). Both agencies now concur that most of the Presidential functions
under the Act should be delegated to the Director of the USIA. The agencies
have not been able to agree, however, on which agency should be responsible
for negotiating the Act's bilateral and multilateral agreements. We
understand that the Department of State and USIA will soon be presenting to
Joseph M. Wright, Director of the Office of Management and Budget, their
briefs requesting a Presidential executive order on this matter.
The Cultural Property Advisory Committee is comprised of eleven private
citizens appointed by you to represent the interests of scholars in
archaeology/ethnology/anthropology, dealers engaged in the sale of art, the
museum community and the general public. As the Presidential advisory
committee responsible for overseeing U.S. actions under the Cultural Property
Act, we respectfully submit our unanimous resolution to you recommending that
all of the President's functions under the Act be delegated to the Director of
USIA.
Our resolution is based on our belief that the expertise and experience of the
USIA in international cultural affairs is essential to effectively lead
negotiations on executive agreements with other countries under the Cultural
Property Act. USIA is responsible for U.S. cultural and educational programs
abroad and has a proven record of expertise in negotiating cultural agreements
and accords. The Agency can provide the needed emphasis in negotiations on
the positive aspects of the U.S. Act - the sharing of scholarly knowledge and
the preservation of cultural treasures.
Most importantly we believe the Cultural Property Act would receive the time
and attention it requires from USIA's personnel in Washington and abroad who
are knowledgeable about the Act and who give priority to cultural issues and
agreements. Since early 1984 the Agency's expert Cultural Property staff,
headed by Ann Guthrie, formerly of the White House staff, has conducted
extensive briefings for domestic and foreign based Agency officers whose
expertise will be essential in carrying out the purposes of the Act.
The Honorable Ronald Reagan
The White House
Washington, D.C. 20500
-2-
In addition, the Cultural Property staff has been working closely with
officers at U.S. Customs Service which issued interim regulations for the Act
in 1985. They have been aided by the USIA's General Counsel staff, who for
the past seven years, have been providing expert advice to the Agency on
matters pertaining to the Act.
Since Congress placed the Cultural Property Advisory Committee at the U.S.
Information Agency, we believe it intended that all of the Presidential
functions should also reside there. According to the Senate Finance Committee
Report (97-564), a close relationship between the Advisory Committee and the
President's designee is essential. This is apparent upon review of the
Presidential functions and the reliance of the executive on the advice of the
Advisory Committee. The President (or his designee) must submit to the
Cultural Property Advisory Committee information on each Request from another
Government under the Cultural Property Act. The Advisory Committee then
reviews and investigates it and submits a report of its findings to the
President (or his designee).
The Committee's report is to include recommendations as to what should be
covered in the negotiated agreement and suggestions for educational, cultural
and scientific exchange. The President (or his designee) must then decide
whether to accept the Committee's recommendations. If the President (or his
designee) so determines, negotiations of a cultural property protection
agreement would then commence. If the Advisory Committee's recommendations
differ from the negotiated agreement, the Act requires the President (or his
designee) to submit a report stating the differences and reasons for them to
the Congress. The Secretary of Treasury, in consultation with the Director of
USIA, then promulgates a list of materials that will be denied entry into the
U.S. The Senate Report points out that the Director of USIA is consulted for
he "is responsible for servicing the work of the Advisory Committee that is
expected to contribute heavily to the composition of the list." A continual
review of the effectiveness of the agreement must then be carried out by the
Advisory Committee who may recommend the agreement's suspension or extension
to the President (or his designee) and Congress.
During the last decade in the absence of implementing legislation for the
UNESCO Convention, the Department of State has negotiated three bilateral
cultural property recovery agreements in which the U.S. pledged only to uphold
existing U.S. laws. These agreements bear no resemblance to the future
Cultural Property Act agreements. The Cultural Property Act requires
recommendations of a Presidential advisory committee before and after the
negotiation of an agreement; it authorizes the imposition of U.S. import
restrictions on cultural property; it authorizes unilateral emergency action
as well as multilateral and bilateral agreements; and it strongly encourages
programs of cultural, educational and scientific exchange that will promote
scholarly study and public access to the protected materials.
-3-
The Advisory Committee feels that in order for the Cultural Property Act to be
effectively carried out, all of the Presidential functions should be delegated
to the Director of USIA. It is a matter of common sense, efficient
management, and effective implementation of the law. To separate the
Presidential functions would be to confuse officials of other Governments and
waste federal resources unnecessarily.
We hereby submit our resolution on this matter to you. With best wishes for
your continuing success,
Michael Sincerely, Chairman J. Kelly
Cultural Property Advisory Committee
CULTURAL PROPERTY ADVISORY COMMITTEE
RESOLUTION
to the President of the United States
and the Director of the United States Information Agency
in support of
Presidential Delegation to the United States Information Agency
under the Convention on Cultural Property Implementation Act
Resolution No. 1-84
November 1, 1984
BE IT RESOLVED THAT:
WHEREAS, the United States Information Agency (USIA) is the lead U.S.
Government Agency in the conduct and coordination of the International
Cultural Affairs of the United States of America; and
WHEREAS, the USIA is familiar with the legal and technical requirements of the
Convention on Cultural Property Implementation Act, and enjoys frequent
contact with the groups and entities most closely associated with the Act; and
WHEREAS, the primary interest of USIA in international cultural relations is
consistent with the spirit of the protection of cultural patrimony and would
not allow such protection to become merely a side issue in the larger foreign
relations concerns of the United States; and
WHEREAS, the USIA is charged by the Act with providing technical and
administrative support to the Cultural Property Advisory Committee; and
WHEREAS, the intent of the Act to enhance opportunities for cultural,
educational, and scientific interchange is best advanced by the ability of the
USIA to program in areas related to its responsibilities under the Act and
thereby achieve a coherent U.S. policy toward the issue of the protection of
cultural patrimony in other countries;
IT IS THEREFORE RESOLVED THAT the Cultural Property Advisory Committee advises
the President of the United States and the Director of USIA that the Committee
recommends that all of the President's substantive authorities under the
Convention on Cultural Property Implementation Act be delegated by Executive
Order to the Director of the United States Information Agency. Such
substantive authorities shall not include those related to the appointment of
the members of this Committee and those clearly delegated to the Secretary of
Treasury or his designee, but shall include negotiating authority, which in
all cases shall be exercised with the guidance of the Secretary of State, as
appropriate.
-2-
IT IS FURTHER RESOLVED that the Committee's letters indicate its unqualified
support for the position advanced by USIA in the matter of delegation.
PASSED BY UNANIMOUS VOTE of all members of the Cultural Property Advisory
Committee at their third meeting, November 1, 1984, in Washington, D.C.
Michael J. Kelly, Chairman
James W. Alsdorf, Vice Chairman
John J. Slocum, Vice Chairman
Patricia R. Anawalt
Clemency C. Coggins
James G. Crowley, III
James B. Hill
Arthur A. Houghton, III
Alfred E. Stendahl
D. Fred Wendorf, Jr.
Leslie E. Wildesen
THE SECRETARY OF STATE
WASHINGTON
Dragr from 11/1/85 State:
Returned to state
by USIA : 11/1/85
Dear Mr. Miller:
On January 12, 1983, the President signed into law the
Convention on Cultural Property Implementation Act (Title III,
P.L. 97-446, the "Act"), enabling the United States to imple-
ment the 1970 UNESCO Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property. The Act assigns a number of responsi-
bilities to the President which to date have not been the
subject of any delegation of authority because of a difference
of opinion between us as to which agency should exercise lead
responsibility for the negotiation of international agreements
pursuant to the Act. We are now asking that the President
resolve this issue by signing one of the two draft Executive
Orders attached.
The two drafts are essentially identical except for the
delegation of negotiating authority. Each would vest in the
Director of the USIA the bulk of Presidential functions under
the Act, for example, determining whether a request from
another State Party meets the requirements of the Act for
initiating negotiations toward an agreement which would impose
import controls on cultural property coming from that country.
Each would also vest in the Secretary of the Treasury certain
functions related to the application and suspension of import
restrictions. The Executive Order put forward by the State
Department (Tab A) would give the Secretary of State the
authority to negotiate and conclude, in consultation with the
Director of USIA and the Secretary of the Treasury, interna-
tional agreements authorized under the Act. The Executive
Order put forward by USIA (Tab B) would vest that same
The Honorable
James C. Miller III, Director,
Office of Management and Budget.
- 2 -
authority, subject to reciprocal consultation, in the Director
of USIA. The Department of State has offered a Memorandum of
Understanding assuring USIA of full participation in all phases
of negotiations. USIA has indicated it will have no problem
cooperating with State.
Secretary Shultz believes it is essential that the authority
to negotiate agreements with foreign governments pursuant to
the Act be delegated to the Secretary of State for the following
reasons:
- The fragmentation of negotiating authority unnecessarily
confuses foreign governments regarding the Secretary of State's
responsibility for the conduct of foreign affairs and undercuts
the credibility of our Ambassadors abroad.
-- Agreements under the Act will address situations of
pillage of archaeological or ethnological materials - that is,
serious threats to the preservation of the national patrimony
of another country. Such circumstances can be expected to
arouse intense nationalistic feelings and create difficult
bilateral problems for the United States. The phenomenon is
readily illustrated by the high-level attention given the
recovery of individual pre-Columbian pieces by numerous Latin
American governments in the last few years. Our management of
these sensitive issues is integral to the overall conduct of
bilateral relations.
- Recovery agreements are not mere "cultural" agreements
but rather law enforcement cooperation agreements and vehicles
for engendering good will, exceeding their cultural content.
- In contrast to existing recovery agreements, the agree-
ments authorized by the Act will provide an important new law
enforcement remedy (import restrictions) in the recovery of
cultural property illegally removed from another country. A
substantial benefit of that nature -- which can also impinge on
relations with third countries --- should be conferred only with
due regard for our overall relationship with that country,
which it is the responsibility of the Department of State to
assess and manage.
-- Department officials have played the dominant role in
the negotiation of the Convention and for more than 15 years in
cultural property recovery activities.
- 3 -
-- Under the Executive Order proposed by the Department,
the Director of USIA would determine in the first instance
whether statutory conditions are met for the negotiation of an
agreement under the Act. Only the actual conduct of negotia-
tions with a foreign government toward a statutorily authorized
objective -- import restrictions -- would be delegated to the
Secretary of State. Such a division of functions recognizes in
the Director of USIA the important substantive responsibilities
of making determinations concerning the cultural property situa-
tion in a particular country while preserving the Secretary of
State's role as the President's principal representative in the
conduct of foreign affairs for negotiating import restrictions
with foreign governments.
Director Wick on the other hand believes that it is neces-
sary that the authority to negotiate agreements with foreign
governments should be delegated to the Director of the United
States Information Agency for the following reasons:
-- The Director of the Agency has been delegated negotiat-
ing powers to conclude international agreements for educational
and cultural exchanges under the Fulbright-Hays Act as well as
for other purposes thereunder, and to conclude international
agreements either for the Voice of America or for other informa-
tional activities under the Smith-Mundt Act. This negotiating
authority vested in him under section 6 of Reorganization Plan
No. 2 of 1977 together with the language of Executive Order
12048 underscores the position of the Director as the principal
executive agent of the United States for international informa-
tional, educational and cultural matters under these statutes
and for exercising government-wide policy guidance on these
matters. The Agency has negotiated many agreements with
foreign governments since its reorganization in 1978 when this
function was transferred from the Secretary of State to the
Director. During the negotiations, the Director receives
foreign policy guidance from the Secretary.
- This Agency maintains international contacts through its
officers stationed overseas with ministries, museums and other
institutions whose work involves cultural property. Similarly
this Agency maintains strong ties with institutions in the
cultural field within the United States. Thus the Agency
already has in place its network of experienced foreign service
officers in cultural matters both at headquarters and overseas
in one hundred and twenty-seven countries.
- 4 -
-- The Agency exercises statutory functions related to
cultural property visiting the United States. Pursuant to the
provisions of the immunity from seizure statute of 1965 (Public
Law 89-259), the Agency's determination vests a foreign exhibi-
tion with immunity from judicial seizure while on exhibit within
the United States. Objects or exhibits so immunized are exempt
from coverage under the Convention on Cultural Property
Implementation Act.
-- The Agency also makes determinations of national interest
under the Federal Arts and Artifacts Imdemnity Act which
provides indemnification for foreign exhibits coming to this
country.
-- The Cultural Property Implementation Act already vests
in the Director the responsibility of providing technical
support to the Cultural Property Advisory Committee and of
consulting with the Secretary of the Treasury on the designa-
tion of archaeological and ethnological materials under the Act.
- We estimate that since 1978 the Agency has expended more
than 16,000 staff hours on activities related to passage or
implementation of the Act. Of this total some 10,000 hours
have been spent since passage of the Act in December 1982 in
providing support to the Advisory Committee and to the Director
in matters relating to implementation of the Act.
-- The protection of cultural patrimony and the return of
stolen artifacts, while they have an incidental law enforcement
aspect, are essentially matters affecting the cultural relations
between nations. The Agency's primary focus on international
cultural relations insures that these matters will not be lost
among the overall bilateral concerns between the United States
and another government. The incidental law enforcement matters
can be as easily handled by USIA in consultation with the
Treasury Department as by the State Department.
-- The actual responsibilities of this Agency as the
principal international agent of this Government for cultural
matters as described above, together with its existing
negotiating authorities, suggest that its Director should be
the natural recipient of the President's delegation.
RECOMMENDATION:
That you refer to the President the question of whether the
Secretary of State or the Director of USIA should receive the
- 5 -
delegation of authority to negotiate and conclude cultural
property recovery agreements with the request that he sign the
executive order which reflects his decision.
Sincerely,
(mailez.Wick
Charles Z. Wick
George P. Shultz
Director
U.S. Information Agency
Enclosures:
Tab A - - Executive Order (State Department)
Tab B - - Executive Order (USIA)
EXECUTIVE OrDER No.
PROTECTION OF CULTURAL PROPERTY
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Convention on Cultural Property Implementation
Act (Title III of P.L. 97-446; hereinafter referred to as the
"Act"), and Section 301 of Title 3 of the United States Code,
it is hereby ordered as follows:
Section 1. DEPARTMENT OF STATE. The following functions
conferred upon the President by the Act are hereby delegated to
the Secretary of State, acting in consultation with the
Director of the United States Information Agency and the
Secretary of the Treasury:
(a) The functions conferred by section 303 (a) (2) relating
to the negotiation and conclusion of bilateral or multilateral
agreements under the Act, subject to the restrictions of
section 303 (c).
(b) The functions conferred by section 303 (a) (4) relating
to obtaining a commitment on the exchange of archaeological and
ethnological materials from a party to an agreement.
(c) The functions conferred by section 303 (d) with respect
to the determinations concerning the failure of other parties
to an agreement to take any or satisfactory implementation on
their agreement.
- 2 -
(d) The functions conterred by section 303 (e) relating to
the negotiation and conclusion of extensions of agreements
under the Act.
(e) The functions conterred by section 303 (q) relating to
the notification of Presidential action and the furnishing of
reports to the Congress.
(t) The functions conferred by section 304 (c) (4) to the
extent that they involve the negotiation and conclusion of
agreements subject to advice and consent to ratification by the
Senate.
Section 2. UNITED STATES INFORMATION AGENCY. The
following functions conferred upon the President by the Act are
hereby delegated to the Director of the United States
Information Agency, acting in consultation with the Secretary
of State and the Secretary of the Treasury:
(a) The functions conterred by section 303 (a) (1) concerning
determinations to be made prior to initiation of negotiations
of bilateral of multilateral agreements.
(b) The functions conferred by section 303 (f) relating to
the actions to be taken upon receipt of a request made by a
State Party to the Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property adopted by the Sixteenth General
Conference of the United Nations Educational, Scientific and
Cultural Organization (hereinafter referred to as the
"Convention").
- 3 -
(c) The functions conterred by section 304 (b) to the extent
that they involve determinations by the President that an
emergency condition applies with respect to any archaeological
or ethnological material of any State Party to the Convention,
subject to the limitations of sections 304 (c) (1), 304 (c) (2),
and 304 (c) (3).
(d) The function conferred by section 304 (c) (3) to the
extent that they involve determinations to be made and the
receipt and consideration of an advisory report from the
Cultural Property Advisory Committee by the President prior to
extensions of import restrictions.
(e) The functions conferred by sections 306 (f) (6) and
306 (g) relating to the reception of reports prepared by the
Cultural Property Advisory Committee.
(f) The functions conferred by section 306 (h) relating to
the determinations to be made about the disclosure of matters
involved in the Cultural Property Advisory Committee's
proceedings.
Section 3. DEPARTMENT OF THE TREASURY. (a) The following
functions conterred upon the President by the Act are hereby
delegated to the Secretary of the Treasury, acting in
consultation with the Secretary of State and the Director of
the United States Information Agency:
(1) Subject to subsection (c) of Section 1 above, the
functions conterred by section 303 (d) to the extent that they
involve the suspension of import restrictions.
(2) Subject to subsections (c) and (d) of Section 2
above, the functions conterred by section 304 to the extent
that they involve the application of import restrictions set
forth in section 307 and the extension of such import
restrictions pursuant to section 304 (c) (3).
(b) The functions conferred on the Secretary of the
Treasury under section 305 relating to promulgation of import
restrictions shall be exercised in consultation with the
Secretary of State and the Director of the United States
Information Agency.
Section 4. ENFORCEMENT IN TERRITORIES AND OTHER AREAS.
The functions conferred by section 314 relating to the
enforcement of the provisions of the Act are hereby delegated
to the following officials in the geoqraphical areas under
their jurisdiction:
1. The Governor of Guam
2. The Governor of American Samoa
3. The Governor of the Northern Mariana Islands
4. The High Commissioner of the Trust Territory of the
Pacific Islands with respect to the Federated States of
Micronesia, the Marshall Islands and Palau. The functions
delegated to the High Commissioner may be redelegated to any
- 5 -
officer of the governments of the Federated States of
Micronesia, the Marshall Islands and Palau with turther power
of redelegation.
Ronald Reagan
The White House,
# 1985
EXECUTIVE ORDER No.
PROTECTION OF CULTURAL PROPERTY
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Convention on Cultural Property Implementation
Act (Title III of P.L. 97-446; hereinatter referred to as the
"Act"), and Section 301 of Title 3 of the United States Code,
it is hereby ordered as follows:
Section 1. UNITED STATES INFORMATION AGENCY. The following
functions conferred upon the President by the Act are hereby
delegated to the Director of the United States Information
Agency, acting in consultation with the Secretary of State and
the Secretary of the Treasury:
(a) The functions conferred by section 303 (a) (1) concerning
determinations to be made prior to initiation of negotiations
of bilateral or multilateral agreements.
(b) The functions conferred by section 303 (a) (2) relating
to the negotiation and conclusion of bilateral or multilateral
agreements under the Act, subject to the restrictions of
section 303 (c).
(c) The functions conferred by section 303 (a) (4) relating
to obtaining a commitment on the exchange of archaeological and
ethnological materials from a party to an agreement.
(d) The tunctions conferred by section 303 (d) with respect
to the determinations concerning the failure of other parties
- 2 -
to an agreement to take any or satisfactory implementation
action on their agreement.
(e) The functions conferred by section 303 (e) relating to
the negotiation and conclusion of extensions of agreements
under the Act.
(f) The functions conferred by section 303 (f) relating to
the actions to be taken upon receipt of a request made by a
State Party to the Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property adopted by the Sixteenth General
Conference of the United Nations Educational, Scientific and
Cultural Organization (hereinafter referred to as the
"Convention").
(q) The functions conferred by section 303 (g) relating to
the notification of Presidential action and the turnishing of
reports to the Congress.
(h) The functions conferred by section 304 (b) to the extent
that they involve determinations by the President that an
emergency condition applies with respect to any archaeological
or ethnological material of any State Party to the Convention,
subject to the limitations of sections 304 (c) (1), 304 (c) (2),
and 304 (c) (3).
(i) The function conferred by section 304 (c) (3) to the
extent that they involve determinations to be made and the
receipt and consideration of an advisory report from the
- 3 -
Cultural Property Advisory Committee by the President prior to
extensions of import restrictions.
(j) The functions conferred by section 304 (c) (4) to the
extent that they involve the negotiation and conclusion of
agreements subject to advice and consent to ratification by the
Senate.
(k) The functions conferred by sections 306 (f) (6) and
306(g) relating to the reception of reports prepared by the
Cultural Property Advisory Committee.
(1) The functions conferred by section 306 (h) relating to
the determinations to be made about the disclosure of matters
involved in the Cultural Property Advisory Committee's
proceedings.
Section 2. DEPARTMENT OF THE TREASURY. The following
functions conferred upon the President by the Act are hereby
delegated to the Secretary of the Treasury, acting in
consultation with the Secretary of State and the Director of
the United States Information Agency:
(1) Subject to subsection (d) of Section 1 above, the
functions conferred by section 303 (d) to the extent that they
involve the suspension of import restrictions.
(2) Subject to subsections (h) and (i) of Section 1
above, the functions conferred by section 304 to the extent
that they involve the application of import restrictions set
forth in section 307 and the extension of such import
restrictions pursuant to section 304 (c) (3).
- 4 -
Section 3. ENFORCEMENT IN TERRITORIES AND OTHER AREAS.
The functions conferred by section 314 relating to enforcement
of the provisions of the Act are hereby delegated to the
following officials in the geographical areas under their
jurisdiction.
1. The Governor of Guam
2. The Governor of American Samoa
3. The Governor of the Northern Mariana Islands
4. The High Commissioner of the Trust Territory of the
Pacific Islands with respect to the Federated States of
Micronesia, the Marshall Islands and Palau. The functions
delegated to the High Commissioner may be redelegated to any
officer of the governments of the Federal States of Micronesia,
the Marshall Islands and Palau with further power of
redelegation.
Ronald Reagan
The White House,
. 1985
United States
Information
Agency
Washington, D.C. 20547
USIA
November 4, 1985
Dear John:
On Friday, November 1, Director Wick signed the joint USIA/State brief. It
was then hand delivered to Mr. Ely Maurer, Assistant Legal Advisor at State
for Secretary Shultz's signature. They assured us that it would be sent to
O.M.B. Director Miller today. USIA's approved text is enclosed.
The Cultural Property Advisory Committee has been most concerned about the
resolution of this matter and is SO advising the President. Today,
Mr. Michael J. Kelly, the Committee's Chairman, is sending the Committee's
unanimous resolution to the President. A copy of Mr. Kelly's letter and
resolution are enclosed.
In addition to the texts of the Cultural Property Act, the UNESCO Convention,
and the Interim Regulations issued by Customs, enclosed is the Senate Finance
Committee Report. I find the Senate Report and the Customs regulations to be
clear statements of how the Act is intended to operate. The Museum News
article provides a good history of U.S. policies in this area.
Please call if you have any questions. We look forward to meeting with you in
the near future.
Sincerely,
ann
Ann Guthrie
Executive Director
Cultural Property
Advisory Committee
The Honorable John G. Roberts, Jr.
Associate Counse1 to the President
The White House
Washington, D.C. 20500