1 SEC. 304." EMERGENCY IMPLEMENTATION OF IMPORT RESTRIC- (a) EMERGENCY CONDITION DEFINED.-For purposes of this section, the term "emergency condition" means, with respect to any archaeological or ethnological material of any State Party, that such material is (1) a newly discovered type of material which is of importance for the understanding of the history of mankind and is in jeopardy from pillage, dismantling, dispersal, or fragmentation; (2) identifiable as coming from any site recognized to be of high cultural significance if such site is in jeopardy from pillage, dismantling, dispersal, or fragmentation which is, or threatens to be, of crisis proportions; or (3) a part of the remains of a particular culture or civilization, the record of which is in jeopardy from pillage, dismantling, dispersal, or fragmentation which is, or threatens to be, of crisis proportions; and application of the import restrictions set forth in section 307 on a temporary basis would, in whole or in part, reduce the incentive for such pillage, dismantling, dispersal or fragmentation. (b) 12 PRESIDENTIAL ACTION.-Subject to subsection (c), if the President determines that an emergency condition applies with respect to any archaeological or ethnological material of any State Party, the President may apply the import restrictions set forth in section 307 with respect to such material. (c) LIMITATIONS. (1) The President may not implement this section with respect to the archaeological or ethnological materials of any State Party unless the State Party has made a request described in section 303(a) to the United States and has supplied information which supports a determination that an emergency condition exists. (2) In taking action under subsection (b) with respect to any State Party, the President shall consider the views and recommendations contained in the Committee report required under section 306(f)(3) if the report is submitted to the President before the close of the ninety-day period beginning on the day on which the President submitted information to the Committee under section 303(f)(2) on the request of the State Party under section 303(a). (3) 13 No import restrictions set forth in section 307 may be applied under this section to the archaeological or ethnological 11 19 U.S.C. 2603. The functions conferred upon the President by this section to the extent that they involve the application of import restrictions set forth in sec. 307 and the extension of such import restrictions pursuant to sec. 304(cX3), were delegated to the Secretary of the Treasury, acting in consultation with the Director of the United States Information Agency and the Secretary of State, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475). 12 The functions conferred upon the President by sec. 304(b) to the extent that they involve determinations by the President that an emergency condition applies with respect to any archaeological or ethnological material of any State Party to the Convention, subject to the limita tions of secs. 304(cX1), 304(cX2) and 304 (cX3), 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 F.R. 8475). 13 The functions conferred upon the President by sec. 304(cX3) to the extent that they involve determinations to be made and the receipt and consideration of an advisory report from the Cultural Property Advisory Committee by the President prior to extensions of emergency import restrictions were delegated to the Director of the United States Information Agency, acting in materials of any State Party for more than five years after the date on which the request of a State Party under section 303(a) is made to the United States. This period may be extended by the President for three more years if the President determines that the emergency condition continues to apply with respect to the archaeological or ethnological material. However, before taking such action, the President shall request and consider, if received within ninety days, a report of the Committee setting forth its recommendations, together with the reasons therefor, as to whether such import restrictions shall be extended. (4)14 The import restrictions under this section may continue to apply in whole or in part, if before their expiration under paragraph (3), there has entered into force with respect to the archaeological or ethnological materials an agreement under section 203 15 or an agreement with a State Party to which the Senate has given its advice and consent to ratification. Such import restrictions may continue to apply for the duration of the agreement. SEC. 305.16 DESIGNATION OF MATERIALS COVERED BY AGREEMENTS OR EMERGENCY ACTIONS. After any agreement enters into force under section 303, or emergency action is taken under section 304, the Secretary, after consultation with the Director of the United States Information Agency, shall by regulation promulgate (and when appropriate shall revise) a list of the archaeological or ethnological material of the State Party covered by the agreement or by such action. The Secretary may list such material by type or other appropriate classification, but each listing made under this section shall be sufficiently specific and precise to insure that (1) the import restrictions under section 307 are applied only to the archaeological and ethnological material covered by the agreement or emergency action; and (2) fair notice is given to importers and other persons as to what material is subject to such restrictions. SEC. 306.17 CULTURAL PROPERTY ADVISORY COMMITTEE. (a) ESTABLISHMENT.-There is established the Cultural Property Advisory Committee. (b) MEMBERSHIP. (1) The Committee shall be composed of eleven members appointed by the President as follows: (A) Two members representing the interests of muse ums. (B) Three members who shall be experts in the fields of archaeology, anthropology, ethnology, or related areas. consultation with the Secretary of State and the Secretary of the Treasury, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475). 14 The functions conferred upon the President by sec. 303(cX4) to the extent that they involve the negotiation and conclusion of agreements subject to the advice and consent to ratification by the Senate 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). 16 This reference to sec. 203 probably should be a reference to sec. 303. 10 19 U.S.C. 2604. 17 19 U.S.C. 2605. (C) Three members who shall be experts in the international sale of archaeological, ethnological, and other cultural property. (D) Three members who shall represent the interest of the general public. (2) Appointments made under paragraph (1) shall be made in such a manner so as to insure (A) fair representation of the various interests of the public sectors and the private sectors in the international exchange of archaeological and ethnological materials, and (B) that within such sectors, fair representation is accorded to the interests of regional and local institutions and museums. (3)(A) 18 Members of the Committee shall be appointed for terms of three years and may be reappointed for one or more terms. With respect to the initial appointments, the President shall select, on a representative basis to the maximum extent practicable, four members to serve three-year terms, four members to serve two-year terms, and the remaining members to serve a one-year term. Thereafter each appointment shall be for a three-year term. (B)(i) 19 A vacancy in the Committee shall be filled in the same manner as the original appointment was made and for the unexpired portion of the term, if the vacancy occurred during a term of office. Any member of the Committee may continue to serve as a member of the Committee after the expiration of his term of office until reappointed or until his successor has been appointed. (ii) The President shall designate a Chairman of the Committee from the members of the Committee. (c) EXPENSES.-The members of the Committee shall be reimbursed for actual expenses incurred in the performance of duties for the Committee. (d) TRANSACTION OF BUSINESS.-Six of the members of the Committee shall constitute a quorum. All decisions of the Committee shall be by majority vote of the members present and voting. (e) STAFF AND ADMINISTRATION.— (1) The Director of the United States Information Agency shall make available to the Committee such administrative and technical support services and assistance as it may reasonably require to carry out its activities. Upon the request of the Committee, the head of any other Federal agency may detail to the Committee, on a reimbursable basis, any of the personnel of such agency to assist the Committee in carrying out its functions, and provide such information and assistance as the Committee may reasonably require to carry out its activities. 18 Subsec. (3)A) was amended and restated by sec. 307(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1380). Sec. 307(c) of the same Act made subsec. (3XA) apply to those members of the Cultural Property Advisory Committee first appointed after enactment of Public Law 100-204. 19 Subsec. (3XB) was amended and restated by sec. 307(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1380). (2) The Committee shall meet at the call of the Director of the United States Information Agency, or when a majority of its members request a meeting in writing. (f) REPORTS BY COMMITTEE. (1) The Committee shall, with respect to each request of a State Party referred to in section 303(a), undertake an investigation and review with respect to matters referred to in section 303(a)(1) as they relate to the State Party or the request and shall prepare a report setting forth (A) the results of such investigation and review: (B) its findings as to the nations individually having a significant import trade in the relevant material; and (C) its recommendation, together with the reasons therefor, as to whether an agreement should be entered into under section 303(a) with respect to the State Party. (2) The Committee shall, with respect to each agreement proposed to be extended by the President under section 303(e), prepare a report setting forth its recommendations together with the reasons therefor, as to whether or not the agreement should be extended. (3) The Committee shall in each case in which the Committee finds that an emergency condition under section 304 exists prepare a report setting forth its recommendations, together with the reasons therefor, as to whether emergency action under section 304 should be implemented. If any State Party indicates in its request under section 303(a) that an emergency condition exists and the Committee finds that such a condition does not exist, the Committee shall prepare a report setting forth the reasons for such finding. (4) Any report prepared by the Committee which recommends the entering into or the extension of any agreement under section 303 or the implementation of emergency action under section 304 shall set forth (A) such terms and conditions which it considers necessary and appropriate to include within such agreement, or apply with respect to such implementation, for purposes of carrying out the intent of the Convention; and (B) such archaeological or ethnological material of the State Party, specified by type or such other classification as the Committee deems appropriate, which should be covered by such agreement or action. (5) If any member of the Committee disagrees with respect to any matter in any report prepared under this subsection, such member may prepare a statement setting forth the reasons for such disagreement and such statement shall be appended to, and considered a part of, the report. (6) 20 The Committee shall submit to the Congress and the President a copy of each report prepared by it under this subsection. 20 The functions conferred upon the President by sec. 306(fX6) 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 F.R. 8475). (g) 21 COMMITTEE REVIEW. (1) IN GENERAL.-The Committee shall undertake a continuing review of the effectiveness of agreements under section 303 that have entered into force with respect to the United States, and of emergency action implemented under section 304. (2) ACTION BY COMMITTEE.-If the Committee finds, as a result of such review, that— (A) cause exists for suspending, under section 303(d), the import restrictions imposed under an agreement; (B) any agreement or emergency action is not achieving the purposes for which entered into or implemented; or (C) changes are required to this title in order to implement fully the obligations of the United States under the Convention; the Committee may submit a report to the Congress and the President setting forth its recommendations for suspending such import restrictions or for improving the effectiveness of any such agreement or emergency action or this title. (h) 22 FEDERAL ADVISORY COMMITTEE ACT.-The provisions of the Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C. Appendix I) shall apply to the Committee except that the requirements of subsections (a) and (b) of section 10 and section 11 of such Act (relating to open meetings, public notice, public participation, and public availability of documents) shall not apply to the Committee, whenever and to the extent it is determined by the President or his designee that the disclosure of matters involved in the Committee's proceedings would compromise the Government's negotiating objectives or bargaining positions on the negotiations of any agreement authorized by this title. (i) CONFIDENTIAL INFORMATION. (1) IN GENERAL.-Any information (including trade secrets and commercial or financial information which is privileged or confidential) submitted in confidence by the private sector to officers or employees of the United States or to the Committee in connection with the responsibilities of the Committee shall not be disclosed to any person other than to (A) officers and employees of the United States designated by the Director of the United States Information Agency; (B) members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate who are designated by the chairman of either such Committee and members of the staff of either such Committee designated by the chairman for use in connection with negotiation of agreements or other activities authorized by this title; and 21 The functions conferred upon the President by this subsec. relating to the receipt of reports 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 F.R. 8475). The functions conferred upon the President by this section relating to the determinations to be made about the disclosure of matters involved in the Committee's proceedings 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 F.R. 8475). |