19 U.S.C. § 2602 : US Code - Section 2602: Agreements to implement Article 9 of the convention

Search 19 U.S.C. § 2602 : US Code - Section 2602: 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 2606 of this title with respect to archaeological or
ethnological material of the State Party, if applied in
concert with similar restrictions implemented, or to be
implemented within a reasonable period of time, by those
nations (whether or not State Parties) individually having a
significant import trade in such material, would be of
substantial benefit in deterring a serious situation of
pillage, and
(ii) remedies less drastic than the application of the
restrictions set forth in such section are not available; and
(D) that the application of the import restrictions set forth
in section 2606 of this title in the particular circumstances
is consistent with the general interest of the international
community in the interchange of cultural property among nations
for scientific, cultural, and educational purposes;
the President may, subject to the provisions of this chapter,
take the actions described in paragraph (2).
(2) Authority of President
For purposes of paragraph (1), the President may enter into -
(A) a bilateral agreement with the State Party to apply the
import restrictions set forth in section 2606 of this title to
the archaeological or ethnological material of the State Party
the pillage of which is creating the jeopardy to the cultural
patrimony of the State Party found to exist under paragraph
(1)(A); or
(B) a multilateral agreement with the State Party and with
one or more other nations (whether or not a State Party) under
which the United States will apply such restrictions, and the
other nations will apply similar restrictions, with respect to
such material.
(3) Requests
A request made to the United States under article 9 of the
Convention by a State Party must be accompanied by a written
statement of the facts known to the State Party that relate to
those matters with respect to which determinations must be made
under subparagraphs (A) through (D) of paragraph (1).
(4) Implementation
In implementing this subsection, the President should endeavor
to obtain the commitment of the State Party concerned to permit
the exhange (!1) of its archaeological and ethnological materials
under circumstances in which such exchange does not jeopardize
its cultural patrimony.
(b) Effective period
The President may not enter into any agreement under subsection
(a) of this section 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) of this section unless the
application of the import restrictions set forth in section 2606
of this title with respect to archaeological or ethnological
material of the State Party making a request to the United States
under article 9 of the Convention will be applied in concert with
similar restrictions implemented, or to be implemented, by those
nations (whether or not State Parties) individually having a
significant import trade in such material.
(2) Exception to restrictions
Notwithstanding paragraph (1), the President may enter into an
agreement if he determines that a nation individually having a
significant import trade in such material is not implementing, or
is not likely to implement, similar restrictions, but -
(A) such restrictions are not essential to deter a serious
situation of pillage, and
(B) the application of the import restrictions set forth in
section 2606 of this title in concert with similar restrictions
implemented, or to be implemented, by other nations (whether or
not State Parties) individually having a significant import
trade in such material would be of substantial benefit in
deterring a serious situation of pillage.
(d) Suspension of import restrictions under agreements
If, after an agreement enters into force with respect to the
United States, the President determines that a number of parties to
the agreement (other than parties described in subsection (c)(2) of
this section) having significant import trade in the archaeological
and ethnological material covered by the agreement -
(1) have not implemented within a reasonable period of time
import restrictions that are similar to those set forth in
section 2606 of this title, or
(2) are not implementing such restrictions satisfactorily with
the result that no substantial benefit in deterring a serious
situation of pillage in the State Party concerned is being
obtained,
the President shall suspend the implementation of the import
restrictions under section 2606 of this title until such time as
the nations take appropriate corrective action.
(e) Extension of agreements
The President may extend any agreement that enters into force
with respect to the United States for additional periods of not
more than five years each if the President determines that -
(1) the factors referred to in subsection (a)(1) of this
section which justified the entering into of the agreement still
pertain, and
(2) no cause for suspension under subsection (d) of this
section exists.
(f) Procedures
If any request described in subsection (a) of this section is
made by a State Party, or if the President proposes to extend any
agreement under subsection (e) of this section, the President shall
-
(1) publish notification of the request or proposal in the
Federal Register;
(2) submit to the Committee such information regarding the
request or proposal (including, if applicable, information from
the State Party with respect to the implementation of emergency
action under section 2603 of this title) as is appropriate to
enable the Committee to carry out its duties under section
2605(f) of this title; and
(3) consider, in taking action on the request or proposal, the
views and recommendations contained in any Committee report -
(A) required under section 2605(f)(1) or (2) of this title,
and
(B) submitted to the President before the close of the one-
hundred-and-fifty-day period beginning on the day on which the
President submitted information on the request or proposal to
the Committee under paragraph (2).
(g) Information on Presidential action
(1) In general
In any case in which the President -
(A) enters into or extends an agreement pursuant to
subsection (a) or (e) of this section, or
(B) applies import restrictions under section 2603 of this
title,
the President shall, promptly after taking such action, submit a
report to the Congress.
(2) Report
The report under paragraph (1) shall contain -
(A) a description of such action (including the text of any
agreement entered into),
(B) the differences (if any) between such action and the
views and recommendations contained in any Committee report
which the President was required to consider, and
(C) the reasons for any such difference.
(3) Information relating to committee recommendations
If any Committee report required to be considered by the
President recommends that an agreement be entered into, but no
such agreement is entered into, the President shall submit to the
Congress a report which contains the reasons why such agreement
was not entered into.