§2609 — Title 19 Customs Duties | U.S. Code

Summary

If archaeological or ethnological items or other cultural property are brought into the United States in violation of section 2606 or section 2607, they can be seized and taken by the government. The normal customs rules about seizure and taking property apply, as long as they do not conflict with this part of the law. If items violate section 2606, the government must first offer them back to the State Party (the foreign country). If the State Party does not take them, a person who proves they own the item or who bought it in good faith for value can get it back. If no one qualifies, the items are handled like other goods taken under customs law. If items violate section 2607 (stolen from an institution), they generally won’t be kept from a claimant who proves ownership unless the State Party pays fair compensation. A buyer who bought in good faith must be paid what they paid unless the State Party would, by law or practice, return similar stolen items without payment. For stolen items forfeited to the U.S., the State Party where the institution is located is offered the item first and must pay return costs and follow any rules the Secretary sets; otherwise the item is handled under customs law.

Title 19, §2609

Customs Duties — Source: USLM XML via OLRC

(a)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 2606 of this title or section 2607 of this title 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 chapter, insofar as such provisions of law are applicable to, and not inconsistent with, the provisions of this chapter.

(b)Any designated archaeological or ethnological material which is imported into the United States in violation of section 2606 of this title and which is forfeited to the United States under this chapter 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

(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.

(c)(1)In any action for forfeiture under this section regarding an article of cultural property imported into the United States in violation of section 2607 of this title, 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 2607 of this title and which is forfeited to the United States under this chapter shall—

(A)first be offered for return to the State Party in whose territory is situated the institution referred to in section 2607 of this title 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.

Notes & Related Subsidiaries

Editorial Notes

Codification section 2607 of this title, referred to in subsec. (c)(1), was in the original “section 208”, and was translated as section 2607 of this title, which is section 308 of Pub. L. 97–446, as the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

§2609 Seizure and forfeiture