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19 U.S.C. § 2603Emergency implementation of import restrictions

submitted 43 years ago by Pub. L. 97-446 to r/title-19-CUSTOMS-DUTIES · 548 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the President impose temporary import restrictions on archaeological or ethnological material when an emergency condition exists. It defines that condition and sets limits, review steps, and duration rules.

(a) “Emergency condition” defined. For this section, “emergency condition” means that archaeological or ethnological material of a State Party is (1) a newly discovered type important to understanding human history and threatened by pillage, dismantling, dispersal, or fragmentation; (2) identifiable as coming from a site recognized as highly culturally significant, when the site faces pillage, dismantling, dispersal, or fragmentation that is or threatens to become a crisis; or (3) part of the remains of a particular culture or civilization whose record faces such a crisis. In each case, temporary import restrictions under section 2606 would, wholly or partly, reduce the incentive for the pillage, dismantling, dispersal, or fragmentation. (b) Presidential action. Subject to subsection (c), if the President determines that an emergency condition applies to material of a State Party, the President may apply the section 2606 import restrictions to that material. (c) Limitations. (1) The President may not use this section for a State Party’s material unless the State Party has made a request described in section 2602(a) and provided information supporting a finding that an emergency condition exists. (2) The President must consider the views and recommendations in the Committee report required by section 2605(f)(3) if the report reaches the President within 90 days after the President sends the Committee information about the State Party’s request under section 2602(f)(2). (3) Restrictions under this section may not apply for more than 5 years after the State Party makes its section 2602(a) request. The President may extend that period by 3 years if the emergency condition continues, but before doing so must request and consider, if received within 90 days, the Committee’s report and reasons about whether the restrictions should continue. (4) Restrictions may continue after paragraph (3)’s expiration if, before expiration, an agreement under section 2602 or an agreement with a State Party approved by the Senate’s advice and consent to ratification has taken effect for the material. They may continue for the agreement’s duration.
the actual law source: uscode.house.gov ↗public domain
(a) “Emergency condition” defined

For purposes of this section, the term “emergency condition” means, with respect to any archaeological 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, dispersal, or fragmentation which is, or threatens to be, of crisis proportions;

and application of the import restrictions set forth in section 2606 of this title 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 President 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 2606 of this title 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 2602(a) of this title 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 State Party, the President shall consider the views and recommendations contained in the Committee report required under section 2605(f)(3) of this title 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 2602(f)(2) of this title on the request of the State Party under section 2602(a) of this title.

(3)

No import restrictions set forth in section 2606 of this title 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 2602(a) of this title is made to the United States. This period may be extended by 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 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 2602 of this title 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.

Source credit: (Pub. L. 97–446, title III, § 304, Jan. 12, 1983, 96 Stat. 2354.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 97-446 · 96 Stat. 2354

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-446 on 1983-01-12.

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