Sidor som bilder
PDF
ePub

(2) Imported Objects of Cultural Significance Executive Order 12047, March 27, 1978, 43 F.R. 13359, as amended by

Executive Order 12388, October 14, 1982, 47 F.R. 46245 By virtue of the authority vested in me by the Act of October 19, 1965, entitled “An Act to render immune from seizure under judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition, and for other purposes” (79 Stat. 985, 22 U.S.C. 2459), and as President of the United States of America, it is hereby ordered as follows:

Section 1. The Director of the United States Information Agencyl is designated and empowered to perform the functions conferred upon the President by the above-mentioned Act and shall be deemed to be authorized, without the approval, ratification, or other action of the President, (1) to determine that any work of art or other object to be imported into the United States within the meaning of the Act is of cultural significance, (2) to determine that the temporary exhibition or display of any such work of art or other object in the United States is in the national interest, and (3) to cause public notices of the determinations referred to above to be published in the Federal Register.

Sec. 2. The Director of the United States Information Agency, 1 in carrying out this Order, shall consult with the Secretary of State with respect to the determination of national interest, and may consult with the Secretary of the Smithsonian Institution, the Di. rector of the National Gallery of Art, and with such other officers and agencies of the Government as may be appropriate, with respect to the determination of cultural significance.

Sec. 3. The Director of the United States Information Agency 1 is authorized to delegate within the Agency the functions conferred upon him by this Order.

Sec. 4. Executive Order No. 11312 of October 14, 1966 is revoked.2

Sec. 5. Any order, regulation, determination or other action which was in effect pursuant to the provisions of Executive Order No. 11312 shall remain in effect until changed pursuant to the authority provided in this Order.

Sec. 6. This Order shall be effective on April 1, 1978.

1 The references to the United States Information Agency were inserted in lieu of references to the International Communication Agency by sec. I of Executive Order 12388.

a Executive Order 11312, effective October 14, 1966, had delegated the authorities under this executive order to the Secretary of State. With the establishment of the International Communication Agency (since redesignated as the United States Information Agency) on April 1, 1978, these functions were redclcgaled to the Director of the new Agency.

13. Convention on Cultural Property Implementation Act Partial text of Public Law 97-446 (H.R. 4566), 96 Stat. 2329, approved Janu.

ary 12, 1983; as amended by Public Law 100–204 (Foreign Relations Au. thorization Act, Fiscal Years 1988 and 1989; HR. 1777), 101 Stat. 1331, ap. proved December 22, 1987

AN ACT To reduce certain duties, to suspend temporarily certain duties, to extend

certain existing suspensions of duties, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC:or purpose term agreemened Statesor ethn

with respecto de cement to includes

TITLE III—IMPLEMENTATION OF CONVENTION ON

CULTURAL PROPERTY SEC. 301. SHORT TITLE.

This title may be cited as the “Convention on Cultural Property Implementation Act”. SEC. 302. DEFINITIONS. For purposes of this title

(1) The term "agreement” includes any amendment to, or extension of, any agreement under this title that enters into force with respect to the United States.

(2) The term "archaeological or ethnological material of the State Party” means

(A) any object of archaeological interest;
(B) any object of ethnological interest; or

(C) any fragment or part of any object referred to in sub

paragraph (A) or (B); which was first discovered within, and is subject to export control by, the State Party. For purposes of this paragraph

(i) no object may be considered to be an object of archaeological interest unless such object

(I) is of cultural significance;
(II) is at least two hundred and fifty years old; and

(III) was normally discovered as a result of scientific excavation, clandestine or accidental digging, or explo

ration on land or under water; and (ii) no object may be considered to be an object of ethnological interest unless such object is

(I) the product of a tribal or nonindustrial society, and

(II) important to the cultural heritage of a people because of its distinctive characteristics, comparative rarity, or its contribution to the knowledge of the origins, development, or history of that people.

119 U.S.C. 2601.

(3) The term “Committee” means the Cultural Property Advi. sory Committee established under section 206.2

(4) The term “consignee" means a consignee as defined in section 483 of the Tariff Act of 1930 (19 U.S.C. 1483).

(5) The term “Convention" means the Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization at its sixteenth session.

(6) The term "cultural property” includes articles described in article 1 (a) through (k) of the Convention whether or not any such article is specifically designated as such by any State Party for the purposes of such article.

(7) The term "designated archaeological or ethnological material” means any archaeological or ethnological material of the State Party which

(A) is

(i) covered by an agreement under this title that enters into force with respect to the United States, or

(ii) subject to emergency action under section 304, and

(B) is listed by regulation under section 305. (8) The term "Secretary” means the Secretary of the Treasury or his delegate.

(9) The term “State Party” means any nation which has ratified, accepted, or acceded to the Convention.

(10) The term “United States” includes the several States, the District of Columbia, and any territory or area the foreign relations for which the United States is responsible. (11) The term “United States citizen” means

(A) any individual who is a citizen or national of the United States;

(B) any corporation, partnership, association, or other legal entity organized or existing under the laws of the United States or any State; or

(C) any department, agency, or entity of the Federal

Government or of any government of any State. SEC. 303.3 AGREEMENTS TO IMPLEMENT ARTICLE 9 OF THE CONVEN.

TION. (a) AGREEMENT AUTHORITY. —

(1) 4 IN GENERAL.-If the President determines, after request is made to the United States under article 9 of the Convention by any State Party

(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 cultural patrimony;

% This reference to sec. 206 should probably be a reference to sec. 306. 319 U.S.C. 2602.

• The functions conferred upon the President by sec. 303(aX1) concerning determinations to be made prior to initiation of negotiations of bilateral or multilateral agreements were delegated to the Director of the United Stales Information Agency, acting in consultation with the Secretary of State and the Secrclary of the Treasury, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475).

(C) that,

(i) the application of the import restrictions set forth in section 307 with respect to archaeological or ethnological material of the State Party, if applied in concert with similar restrictions implemented, or to be implemented within a reasonable period of time, by those nations (whether or not State Parties) individually having a significant import trade in such material, would be of substantial benefit in deterring a serious situation of pillage, and

(ii) remedies less drastic than the application of the restrictions set forth in such section are not available;

and (D) that the application of the import restrictions set forth in section 307 in the particular circumstances is consistent with the general interest of the international community in the interchange of cultural property among na

tions for scientific, cultural, and educational purposes; the President may, subject to the provisions of this title, take the actions described in paragraph (2).

(2) 5 AUTHORITY OF PRESIDENT.–For purposes of paragraph (1), the President may enter into

(A) a bilateral agreement with the State Party to apply the import restrictions set forth in section 307 to the archaeological or ethnological material of the State Party the pillage of which is creating the jeopardy to the cultural patrimony of the State Party found to exist under paragraph (1)(A); or

(B) a multilateral agreement with the State Party and with one or more other nations (whether or not a State Party) under which the United States will apply such restrictions, and the other nations will apply similar restric

tions, with respect to such material. (3) REQUESTS.—A request made to the United States under article 9 of the Convention by a State Party must be accompanied by a written statement of the facts known to the State Party that relate to those matters with respect to which determinations must be made under subparagraphs (A) through (D) of paragraph (1).

(4)5 IMPLEMENTATION.-In implementing this subsection, the President should endeavor to obtain the commitment of the State Party concerned to permit the exchange of its archaeological and ethnological materials under circumstances in which such exchange does not jeopardize its cultural pat

rimony. (b) EFFECTIVE PERIOD.-The President may not enter into any agreement under subsection (a) which has an effective period beyond the close of the five-year period beginning on the date on which such agreement enters into force with respect to the United States.

may effectivene dnited

The functions conferred upon the President by secs. 303(aX2) and 303(aX4) were delegated to the Secretary of State, acting in consultation with and with the participation of the Director of the United States Information Agency and in consultation with the Secretary of the Treasury by Executive Order 12555 (March 10, 1986; 51 F.R. 8475).

(c) RESTRICTIONS ON ENTERING INTO AGREEMENTS.—

(1) IN GENERAL.—The President may not enter into a bilateral or multilateral agreement authorized by subsection (a) unless the application of the import restrictions set forth in section 307 with respect to archaeological or ethnological material of the State Party making a request to the United States under article 9 of the Convention will be applied in concert with similar restrictions implemented, or to be implemented, by those nations (whether or not State Parties) individually having a significant import trade in such material.

(2) EXCEPTION TO RESTRICTIONS.—Notwithstanding paragraph (1), the President may enter into an agreement if he determines that a nation individually having a significant import trade in such material is not implementing, or is not likely to implement, similar restrictions, but

(A) such restrictions are not essential to deter a serious situation of pillage, and

(B) the application of the import restrictions set forth in section 307 in concert with similar restrictions implemented, or to be implemented, by other nations (whether or not State Parties) individually having a significant import trade in such material would be of substantial benefit

in deterring a serious situation of pillage. (d) 6 SUSPENSION OF IMPORT RESTRICTIONS UNDER AGREEMENTS.-If, after an agreement enters into force with respect to the United States, the President determines that a number of parties to the agreement (other than parties described in subsection (cX2) having significant import trade in the archaeological and ethnological material covered by the agreement

(1) have not implemented within a reasonable period of time import restrictions that are similar to those set forth in section 307, or

(2) are not implementing such restrictions satisfactorily with the result that no substantial benefit in deterring a serious situation of pillage in the State Party concerned is being ob

tained, the President shall suspend the implementation of the import restrictions under section 307 until such time as the nations take appropriate corrective action.

(e) ? EXTENSION OF AGREEMENTS.—The President may extend any agreement that enters into force with respect to the United States

The functions conferred upon the President by sec. 303(d) with respect to the determinations concerning the failure or other parties to an agreement to take any or satisfactory implementation action on their agrecment were delegated to the Director of the United States Information Agency, acting in consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 (March 10, 1986; 51 É.R. 8475). The Order required, however, that the Secretary of State remain responsible for interpretation of the agreement. To the extent they involve suspension of import restrictions, functions were delegated to the Secretary of the Treasury.

?The functions conferred upon the President by sec. 303(e) relating to the determinations to be made prior to the initiation of negotiations for the extension of any agreement were delegated to the Director of the United States Information Agency, acting in consultation with the Sec retary of State and the Secretary of the Treasury, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475). Functions relating only to negotiation and conclusion of extensions of agreements under this Act were delcgated to the Secretary of State, acting in consultation with and with the participation of the Director of the United States Information Agency and in consultation with the Secretary of the Treasury.

« FöregåendeFortsätt »