Iraq Cultural Heritage Protection Act - Bans the importation into the United States of any archaeological or cultural material of Iraq that was removed from Iraq after the issuance of Executive Order 12722 of August 2, 1990, unless the Government of Iraq certifies that the exportation of such material from Iraq was not in violation of Iraqi law. Requires U.S. custom officers to detain such material until it can be certified as legally exported from Iraq.
Subjects to seizure and forfeiture any Iraqi archaeological or cultural material that is illegally imported into the United States or that cannot be certified as legally exported from Iraq. Requires the return to Iraq of any archaeological or cultural material forfeited under this Act.
Defines "country of origin" for purposes of applying U.S. tariff and customs laws to certain archaeological materials.
Amends the Convention on Cultural Property Implementation Act to: (1) redefine an object of archaeological interest as one that is at least 100 years old (currently, at least 250 years old); (2) limit the period during which import restrictions under the Act may be placed on the archaeological or ethnological material of any country to ten years (subject to extensions by the President for emergency conditions) after the date such restrictions are published in the Federal Register; and (3) extend from five to ten years the effective period of bilateral or multilateral agreements for import restrictions on archaeological or ethnological materials.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2009 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2009
To provide for the recovery, restitution, and protection of the
cultural heritage of Iraq.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2003
Mr. English (for himself and Mr. Leach) introduced the following bill;
which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To provide for the recovery, restitution, and protection of the
cultural heritage of Iraq.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraq Cultural Heritage Protection
Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``archaeological material of Iraq''--
(A) means any object or fragment or part of an
object, including human and animal skeletal remains and
plant and floral remains, that was first found within
the borders of Iraq as such borders existed on August
2, 1990, and that--
(i) was built, manufactured, sculpted,
produced, or written by humans;
(ii) is at least 100 years old; and
(iii) was discovered as a result of
scientific excavation, illegal or clandestine
digging, accidental discovery, or exploration
on land or under water; and
(B) includes all human and animal skeletal remains,
as well as floral and botanical remains, that are found
in association with archaeological material described
in subparagraph (A); and
(2) the term ``cultural material of Iraq'' means any
object, regardless of age, including manuscripts, and materials
used for traditional or religious ceremonial purposes, or a
fragment or part of an object, that was, on or after August 2,
1990, in the care of Iraq's cultural or religious institutions
and is of historic, artistic, religious, scientific, or
cultural interest.
SEC. 3. IMPORT RESTRICTION.
(a) Import Prohibition.--No archaeological material of Iraq or
cultural material of Iraq that was removed from Iraq after Executive
Order 12722 of August 2, 1990, was issued may be imported into the
United States, unless the Government of Iraq issues a certification or
other documentation certifying that the exportation of the material
from Iraq was not in violation of the laws of Iraq.
(b) Customs Action in Absence of Documentation.--If the consignee
of any archaeological material of Iraq or cultural material of Iraq is
unable to present to the appropriate customs officer at the time of
making entry of such material the certification or other documentation
by the Government of Iraq required under subsection (a), the customs
officer shall refuse to release the material from customs custody, and
shall 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 certification or other documentation is filed with such
officer. If such certification or other documentation is not presented
within 90 days after the date on which such material is refused release
from customs custody, or such longer period as may be allowed by the
Secretary of the Treasury for good cause shown, the material shall be
subject to seizure and forfeiture.
SEC. 4. FORFEITURE OF UNLAWFUL IMPORTS.
(a) Seizure.--Archaeological material of Iraq or cultural material
of Iraq that is imported into the United States in violation of this
Act shall be seized and subject to forfeiture under the customs laws of
the United States. All provisions of law relating to seizure,
forfeiture, and condemnation for violation of the customs laws shall
apply to seizures and forfeitures under this Act, insofar as those
provisions of law are applicable to, and not inconsistent with, the
provisions of this Act.
(b) Disposition of Articles.--Any archaeological material of Iraq
or cultural material of Iraq that is forfeited to the United States
under this Act shall be returned to the country of Iraq.
SEC. 5. COUNTRY OF ORIGIN.
In applying the Tariff Act of 1930 or any other provision of the
customs laws of the United States to an article that is an object, or
fragment of an object, discovered as a result of scientific excavation,
illegal or clandestine digging, accidental discovery, or exploration on
land or under water, the country of origin of the object or fragment is
the country within whose borders, as they exist at the time the object
or fragment is imported, or attempted to be imported, into the United
States, the object or fragment was first discovered or excavated.
SEC. 6. AMENDMENTS TO CONVENTION ON CULTURAL PROPERTY IMPLEMENTATION
ACT.
(a) Definition of Archaeological or Ethnological Material.--Section
302(2)(i)(II) of the Convention on Cultural Property Implementation Act
(19 U.S.C. 2601(2)(i)(II)) is amended by striking ``two hundred and
fifty years'' and inserting ``100''.
(b) Emergency Implementation of Import Restrictions.--Section 304
of the Convention on Cultural Property Implementation Act (19 U.S.C.
2603) is amended--
(1) by striking ``State Party'' each place it appears and
inserting ``country''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (2);
(B) by striking paragraph (3) and inserting the
following:
``(1) No import restrictions under section 307 may be
applied under this section to the archaeological or
ethnological materials of any country for more than 10 years
after the date on which the notice in the Federal Register
imposing such restrictions is published. Such 10-year period
may be extended by the President if the President determines
that the emergency condition continues to apply with respect to
the archaeological or ethnological material.''; and
(C) in paragraph (4)--
(i) by redesignating such paragraph as
paragraph (2); and
(ii) by striking ``paragraph (3)'' and
inserting ``paragraph (1)''.
(c) Conforming Amendments.--The Convention on Cultural Property
Implementation Act is amended--
(1) in section 302 (19 U.S.C. 2601)--
(A) in paragraph (2)--
(i) by amending the matter preceding
subparagraph (A) to read as follows:
``(2) The term `archaeological or ethnological material' of
a State Party or othercountry means--''; and
(ii) in the matter following subparagraph
(C), by inserting ``or other country'' after
``State Party''; and
(B) in paragraph (7), by inserting ``or another
country'' after ``State Party'';
(2) in section 305 (19 U.S.C. 2604) in the first sentence,
by striking ``by such action'' and inserting ``the country
covered by such action'';
(3) in section 307 (19 U.S.C. 2606)--
(A) in subsection (a)--
(i) by striking ``State Party'' the first
place it appears and inserting ``the country
concerned''; and
(ii) by striking ``the State Party'' each
subsequent place it appears and inserting
``that country''; and
(B) in subsections (b) and (c), by striking ``the
State Party'' each place it appears and inserting ``the
country concerned''; and
(4) in section 310(b) (19 U.S.C. 2609(b)) by striking
``State Party'' each place it appears and inserting ``country
concerned''.
(d) Extension of Agreements.--Section 303(e) of the Convention on
Cultural Property Implementation Act (19 U.S.C. 2602(e)) is amended by
striking ``five years'' and inserting ``10 years''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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