19 U.S.C. § 2611 — Certain material and articles exempt from this chapter

submitted 43 years ago by Pub. L. 97-446 to r/title-19-CUSTOMS-DUTIES · 418 words · no verdicts yet

in plain englishAI-generated · not legal advice

This chapter does not apply to certain temporarily exhibited items immune from seizure or to qualifying items held and displayed, cataloged, publicly reported, or fairly noticed in the United States for specified periods. A final alternative requires 20 years and a qualifying purchase.

The chapter does not apply to (1) archaeological or ethnological material or cultural property temporarily imported for exhibition or display if section 2459 of title 22 makes it immune from judicial seizure; or (2) designated material or cultural property imported into the United States if (A) a recognized museum or similar institution held it for at least 3 consecutive years, bought it for value and in good faith without notice of an unlawful import, and either reported the acquisition in an institution publication, a newspaper or periodical with at least 50,000 circulation, or a relevant periodical or exhibition catalog; displayed it publicly for at least 1 year total during those 3 years; or cataloged it and made the catalog available to the public on request for at least 2 years; (B) if (A) does not apply, it was in the United States at least 10 consecutive years and displayed at least 5 years during that period in a recognized public museum or similar institution; (C) if (A) and (B) do not apply, it was in the United States at least 10 consecutive years and the State Party received or should have received fair notice of its location through publication or another means prescribed by the Secretary; or (D) if none applies, it was in the United States at least 20 consecutive years and the claimant proves it bought it for value without knowing or having reason to believe it was unlawfully imported.

the actual law source: uscode.house.gov ↗public domain

The provisions of this chapter 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 section 2459 of title 22; 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 imported in violation of this chapter, 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 chapter,

(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 consecutive years and has been exhibited for not less than five years during such period in a recognized museum or religious or secular monument or similar institution in the Unites 1 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.

Source credit: (Pub. L. 97–446, title III, § 312, Jan. 12, 1983, 96 Stat. 2362.)

history & why it existsrecord from the source credit

1983Enacted · Pub. L. 97-446 · 96 Stat. 2362

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

all 0 arguments · sorted by: best

no arguments yet — make the first case