19 U.S.C. § 2609 — Seizure and forfeiture

(a) In general. Designated archaeological or ethnological material or cultural property imported in violation of section 2606 or 2607 is subject to seizure and forfeiture. Customs-law rules on seizure, forfeiture, and condemnation apply when applicable and consistent with this chapter. (b) Archaeological and ethnological material. Forfeited material imported in violation of section 2606 must (1) first be offered to the State Party; (2) if not returned there, be returned to a claimant who proves (A) valid title or (B) that the claimant was a good-faith purchaser for value; or (3) if neither return occurs, be disposed of as customs-forfeited articles are by law. A return requires the State Party or claimant to pay return and delivery expenses and meet the Secretary's other return requirements. (c) Cultural-property articles. (1) In a forfeiture case for a section 2607 article, if the claimant proves valid title against the institution from which it was stolen, forfeiture may not be ordered unless the State Party receiving it pays just compensation. If the claimant lacks that title but proves a purchase for value without knowledge or reason to believe it was stolen, forfeiture may not be ordered unless (A) the State Party pays what the claimant paid, or (B) the United States proves that the State Party, under its law or reciprocity, would in similar circumstances recover and return a U.S.-institution's stolen article without compensation. (2) A forfeited article must (A) first be offered to and returned to the State Party where the institution is located if that State Party pays return and delivery costs and meets the Secretary's requirements, or (B) if not returned, be disposed of as customs-forfeited articles are by law.