19 U.S.C. § 2606
Import restrictions
(a) Documentation of lawful exportationNo designated archaeological or ethnological material that is exported (whether or not such exportation is to the United States) from the State Party after the designation of such material under section 2604 of this title may be imported into the United States unless the State Party issues a certification or other documentation which certifies that such exportation was not in violation of the laws of the State Party.
(b) Customs action in absence of documentationIf the consignee of any designated archaeological or ethnological material is unable to present to the customs officer concerned at the time of making entry of such material—(1) the certificate or other documentation of the State Party required under subsection (a); or(2) satisfactory evidence that such material was exported from the State Party—(A) not less than ten years before the date of such entry and that neither the person for whose account the material is imported (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than one year before that date of entry, or(B) on or before the date on which such material was designated under section 2604 of this title,the customs officer concerned shall refuse to release the material from customs custody and 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 documentation or evidence is filed with such officer. If such documentation or evidence is not presented within ninety 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 for good cause shown, the material shall be subject to seizure and forfeiture. The presentation of such documentation or evidence shall not bar subsequent action under section 2609 of this title.(c) “Satisfactory evidence” definedThe term “satisfactory evidence” means—(1) for purposes of subsection (b)(2)(A)—(A) one or more declarations under oath by the importer, or the person for whose account the material is imported, stating that, to the best of his knowledge—(i) the material was exported from the State Party not less than ten years before the date of entry into the United States, and(ii) neither such importer or person (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than one year before the date of entry of the material; and(B) a statement provided by the consignor, or person who sold the material to the importer, which states the date, or, if not known, his belief, that the material was exported from the State Party not less than ten years before the date of entry into the United States, and the reasons on which the statement is based; and(2) for purposes of subsection (b)(2)(B)—(A) one or more declarations under oath by the importer or the person for whose account the material is to be imported, stating that, to the best of his knowledge, the material was exported from the State Party on or before the date such material was designated under section 2604 of this title, and(B) a statement by the consignor or person who sold the material to the importer which states the date, or if not known, his belief, that the material was exported from the State Party on or before the date such material was designated under section 2604 of this title, and the reasons on which the statement is based.(d) Related personsFor purposes of subsections (b) and (c), a person shall be treated as a related person to an importer, or to a person for whose account material is imported, if such person—(1) is a member of the same family as the importer or person of account, including, but not limited to, membership as a brother or sister (whether by whole or half blood), spouse, ancestor, or lineal descendant;(2) is a partner or associate with the importer or person of account in any partnership, association, or other venture; or(3) is a corporation or other legal entity in which the importer or person of account directly or indirectly owns, controls, or holds power to vote 20 percent or more of the outstanding voting stock or shares in the entity.(Pub. L. 97–446, title III, § 307, Jan. 12, 1983, 96 Stat. 2358.)Statutory Notes and Related SubsidiariesEffective DateSection effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.
Executive DocumentsDelegation of FunctionsFor delegation of certain functions of President under this section, see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under section 2602 of this title.
Notes of Decisions
United States v. Ancient Coin Collectors Guild, 899 F.3d 295 (4th Cir. 2018).
· cites it 13× “" See 19 U.S.C. § 2606 (a). "Designated archaeological or ethnological material" is a term of art in the CPIA, and is not to be confused with the term "archaeological or ethnological material of the State Party.”
Ancient Coin Collectors Guild v. U.S. Customs & Border Prot., 801 F. Supp. 2d 383 (D. Maryland 2011).
· cites it 5× “ose requirements are the following: (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…”
Ancient Coin Collectors Guild v. U.S. Customs & Border Prot., 698 F.3d 171 (4th Cir. 2012).
· cites it 3× “If an article is covered by CPIA import restrictions, it may not be brought into the United States unless (1) it is accompanied by formal documentation certifying that it was lawfully exported from the country that has requested the import restrictions, *177 19 U.S.C. § 2606…”
United States v. 3 Knife-Shaped Coins, 246 F. Supp. 3d 1102 (D. Maryland 2017).
· cites it 17× “§ 2604 , and CBP has detained them, in accordance with 19 U.S.C. § 2606 . The detention was lawful as an initial matter, and the Guild had an opportunity at the time of detention to present evidence that the coins were subject to one of the CPIA exemptions.”
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