96 STAT. 2360 19 USC 2607. 19 USC 2608. 19 USC 2609 PUBLIC LAW 97-446-JAN. 12, 1983 (d) RELATED PERSONS.-For 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. SEC. 308. STOLEN CULTURAL PROPERTY. No article of cultural property documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in any State Party which is stolen from such institution after the effective date of this title, or after the date of entry into force of the Convention for the State Party, whichever date is later, may be imported into the United States. SEC. 309. TEMPORARY DISPOSITION OF MATERIALS AND ARTICLES SUB- Pending a final determination as to whether any archaeological or ethnological material, or any article of cultural property, has been imported into the United States in violation of section 307 or section 308, the Secretary shall, upon application by any museum or other cultural or scientific institution in the United States which is open to the public, permit such material or article to be retained at such institution if he finds that— (1) sufficient safeguards will be taken by the institution for the protection of such material or article; and (2) sufficient bond is posted by the institution to ensure its return to the Secretary. SEC. 310. SEIZURE AND FORFEITURE. (a) IN GENERAL.-Any designated archaeological or ethnological material or article of cultural property, as the case may be, which is imported into the United States in violation of section 307 or section 308 shall be subject to seizure and forfeiture. All provisions of law relating to seizure, forfeiture, and condemnation for violation of the customs laws shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this title, insofar as such provisions of law are applicable to, and not inconsistent with, the provisions of this title. (b) ARCHAEOLOGICAL AND ETHNOLOGICAL MATERIAL.-Any designated archaeological or ethnological material which is imported into the United States in violation of section 307 and which is forfeited to the United States under this title shall (1) first be offered for return to the State Party; (2) if not returned to the State Party, be returned to a claimant with respect to whom the material was forfeited if that claimant establishes (A) valid title to the material, (B) that the claimant is a bona fide purchaser for value of the material; or PUBLIC LAW 97-446-JAN. 12, 1983 (3) if not returned to the State Party under paragraph (1) or to a claimant under paragraph (2), be disposed of in the manner prescribed by law for articles forfeited for violation of the customs laws. No return of material may be made under paragraph (1) or (2) unless the State Party or claimant, as the case may be, bears the expenses incurred incident to the return and delivery, and complies with such other requirements relating to the return as the Secretary shall prescribe. (c) ARTICLES OF CULTURAL PROPERTY. (1) In any action for forfeiture under this section regarding an article of cultural property imported into the United States in violation of section 208, if the claimant establishes valid title to the article, under applicable law, as against the institution from which the article was stolen, forfeiture shall not be decreed unless the State Party to which the article is to be returned pays the claimant just compensation for the article. In any action for forfeiture under this section where the claimant does not establish such title but establishes that it purchased the article for value without knowledge or reason to believe it was stolen, forfeiture shall not be decreed unless (A) the State Party to which the article is to be returned pays the claimant an amount equal to the amount which the claimant paid for the article, or (B) the United States establishes that such State Party, as a matter of law or reciprocity, would in similar circumstances recover and return an article stolen from an institution in the United States without requiring the payment of compensation. (2) Any article of cultural property which is imported into the United States in violation of section 308 and which is forfeited to the United States under this title shall (A) first be offered for return to the State Party in whose territory is situated the institution referred to in section 308 and shall be returned if that State Party bears the expenses incident to such return and delivery and complies with such other requirements relating to the return as the Secretary prescribes; or (B) if not returned to such State Party, be disposed of in the manner prescribed by law for articles forfeited for violation of the customs laws. SEC. 311. EVIDENTIARY REQUIREMENTS. Notwithstanding the provisions of section 615 of the Tariff Act of 1930 (19 U.S.C. 1615), in any forfeiture proceeding brought under this title in which the material or article, as the case may be, is claimed by any person, the United States shall establish (1) in the case of any material subject to the provisions of section 307, that the material has been listed by the Secretary in accordance with section 305; and (2) in the case of any article subject to section 308, that the article (A) is documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in a State Party, and (B) was stolen from such institution after the effective date of this title, or after the date of entry into force of the 96 STAT. 2361 19 USC 2610. 96 STAT. 2362 19 USC 2611. PUBLIC LAW 97-446-JAN. 12, 1983 Convention for the State Party concerned, whichever date SEC. 312. CERTAIN MATERIAL AND ARTICLES EXEMPT FROM TITLE. (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 the Act 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", approved October 19, 1965 (22 U.S.C. 2459); 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 title, 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 title, (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 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. PUBLIC LAW 97–446—JAN. 12, 1983 SEC. 313. REGULATIONS. The Secretary shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisons of this. title. SEC. 314. ENFORCEMENT. In the customs territory of the United States, and in the Virgin Islands, the provisions of this title shall be enforced by appropriate customs officers. In any other territory or area within the United States, but not within such customs territory or the Virgin Islands, such provisions shall be enforced by such persons as may be designated by the President. SEC. 315. EFFECTIVE DATE. (a) IN GENERAL.-This title shall take effect on the ninetieth day after the date of the enactment of this Act or on any date which the President shall prescribe and publish in the Federal Register, if such date is― (1) before such ninetieth day and after such date of enactment; and (2) after the initial membership of the Committee is appointed. (b) EXCEPTION.-Notwithstanding subsection (a), the members of the Committee may be appointed in the manner provided for in section 306 at any time after the date of the enactment of this Act. Approved January 12, 1983. 96 STAT. 2363 19 USC 2612. 19 USC 2613. 19 USC 2601 note. Publication in Federal Register. LEGISLATIVE HISTORY-H.R. 4566: HOUSE REPORTS: No. 97-257 (Comm. on Ways and Means) and No. 97-989 (Comm. of Conference). SENATE REPORT No. 97-564 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 127 (1981): Oct. 13, considered and passed House. Vol. 128 (1982): Dec. 19, considered and passed Senate, amended. Dec. 22, Senate agreed to conference report. PUBLIC LAW 97-456-JAN. 12, 1983 96 STAT. 2503 Public Law 97-456 97th Congress An Act To authorize appropriations for the United States International Trade Commission, the United States Customs Service, and the Office of the United States Trade Representative for fiscal year 1983, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. UNITED STATES INTERNATIONAL TRADE COMMISSION. (a) AUTHORIZATION OF APPROPRIATIONS.-Paragraph (2) of section 330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended to read as follows: "(2) There are authorized to be appropriated to the Commission for necessary expenses for fiscal year 1983 not to exceed $19,737,000. No part of any sum that is appropriated under the authority of this paragraph may be used by the Commission for the making of any special study, investigation, or report that is requested by any agency of the executive branch unless that agency reimburses the Commission for the cost thereof.". (b) ACCEPTANCE OF GIFTS, DEVISES, AND BEQUESTS FOR USE OF THE COMMISSION.-Subsection (a)(1) of section 331 of the Tariff Act of 1930 (19 U.S.C. 1331(a)(1)) is amended to read as follows: "(a)(1)(A) Except as provided in paragraph (2), the chairman of the Commission shall “(i) appoint and fix the compensation of such employees of the Commission as he deems necessary (other than the personal staff of each commissioner), including the secretary, "(ii) procure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, and "(iii) exercise and be responsible for all other administrative functions of the Commission. "(B) The chairman of the Commission may accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. "(C) Any decision by the chairman under subparagraph (A) or (B) shall be subject to disapproval by a majority vote of all the commissioners in office.". SEC. 2. UNITED STATES CUSTOMS SERVICE. Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (92 Stat. 905; 19 U.S.C. 2075) is amended (1) by striking out “For” and inserting in lieu thereof “(a) For"; and (2) by inserting at the end thereof the following new subsections: “(b) There are authorized to be appropriated to the Department of the Treasury not to exceed $564,224,000 for the salaries and expenses of the United States Customs Service for fiscal year 1983, Jan. 12, 1983 [H.R. 6094] U.S. International Representative. authorizations. |